CONGRESSIONAL RECORD: CONirAINING -THE PROCEEDINGS AND DEBATES OF THE FORTY-FOURTH CONGRESS, FIRST SESSION~ ALSO SPECIAL SESSION OF THE SENATE. . ... VOLUME IV. · WASHINGTON: G 0 VERN M E N T P R I N T I NG 0 F F I C E. 1 8 7 6. , .. '- ~· .. .. ';.. ~· . VOLUME IV, PART V. . I CONGRESSIONAL RECORD. FIRST SESSION, FORTY-FOURTH CONGRESS. I ' ,... / ., ~- .... 1876. CONGRESSIONAL RECORD-SENATE. · 4017' seventy-nine men employed. Between November 1 and 15 there democrats before; but they needed employment and they mi~ht go were twenty-four hundred and eighty-eight men employed, more than away somewhere and their votes might not be available in Philadel- a thousand increase ; and this was for political purposes. I do not phia. say that those men· were employed there and performed no labor; I Mr. 1\fERRIMON. Take it to be true that democrats did it and b elieve they did perform labor; work was done; but the increase that the republicans have done it; I submit whethe£ it is not the was made for the puroose, if possible, of helping the democratic party. duty of the Senate and of all good men to frown it down. So I have no don bt that bas been done since; in some yards the Mr. CRAGIN. Two wrongs do not make a right. If one is wrong force has been increased prior to elections; that is, c~rtain work has the other was wrong. been done in order to give strength possibly to some local candidate Mr. MERRIMON. If it is wrong here oranywhereelse, is it proper of the republican party. Look at Philadelphia, where this was more to apologize for it by argument or otherwise 1 especially noticeable. In May, 1858, there were ten hundred and Mr. THURMAN. Mr. President, I was not fortunate enough to sixty-four men employed there, and between the 16th and the 31st hear the remarks of the Senator from Delaware which have drawn of October, when the Pennsylvania. State election Wail pending, forth the reply of the Senator from New Hampshire ; but I gather from there were seventeen hundred and twenty-two men employed; an in- the remarks of the Senator from New Hampshire that the abuses re- crease of nearly seven hundred. In fact this report shows that in ferred to by the Senator from Delaware had their origin far back of May, 185B, there were employed in all the yards sixty-six hundred republican rule in this country. That is the purport of the remarks and sixty-nine men, and in November of that identical year there of the Senator from New Hampshire; in other words, his remarks im- were employed 10,038 men ; au increase of nearly four thousand men ply that whatever political party has been in power in this country the from May to November. I refer to this simply as an offset to there- public patronage and the publicpursehave been prostituted for party marks of the Senator from Delaware. I will1·ead a few words from and election purposes. If that be the case, it is only the stronger the report of the committee. Speaking of the Brooklyn yard they reason for our putting a stop to such an abuse; it is only the stronger say: reason for our agreeing to the proposition of the House. This system, added to the abuses previously existing, has reduced the navy· In the remarks that I submitted before I cast no imputation upon yard to a mere political machine, where idleness, theft, insn bordination, fraud, and tbe republican party. I did not say that this abuse was sui genm·is gross ne.,.lect of duty prevailed to an alarming degree. Members of Congress, offi- with republicans. I did not know how the matter was. All I have cers of the yard, lJoth naval and civil, master workmen, contractors, and laborers, to say is that, if unfortunately for my party this abuse existed when have all testified to many abuses. it was in power, my republican friend, the Senator from New Hamp- :Mr. MERRIMON. Will the Senator allow me to ask 'lim a ques- shire, who, I know, wants a pure administration of the Government, tion f Taking it to be true that Mr. Van Buren and Mr. Buchanan and every one else OJight to join with us in the most effective mode did as the Senator has suggested, does he not regard it as a shameful that has been suggested to stop this thing now and forever. · and criminal prostitution of power and one that ought be condemned Mr. EDMUNDS. Mr. President, I think the Senator from Ohio is in the strongest terms by the American people f perfectly correct in desiring to have this abuse and every other cor- Mr. CRAGIN. I did not hear the Senator. rected, if this be an abuse and if it exists; but he ought to remem- Mr. MERRIMON. I ask the Senator from New Hampshire whether ber in candor and justice that it is a little odd that in the long career taking the allegation to be true that Mr. Van Boren as President and of the democratic party in managing this Government down to 1861, Mr. Bu~hanan as President did as it is suggested they did do, does when it had possession of all the Departments of the GoverUlllent, be not regard such conduct as a criminal and outrageous prostitution this abuse had its origin and nobody like my friend, if he had boon of power and acts which the American people ought to condemn in here, none of his predecessors or anybody else seemed to be in the the strongest possible manner f · least desirous of correcting it. Mr. CRAGIN. There were three veSBels of the Navy to be repaired. Mr. THURMAN. I will say to the Senator that I do not know that They needed repair. Mr. Van Buren and the Secretary of the Navy that is the truth of history. concluded to order those vessels to the Brooklyn navy-yru.-d to be re- Mr. EDMUNDS. No; my friend's knowledge, when knowledge is paired. I have no reason to believe that th labor that was per- disagreeable, is very small; when knowledge can be applied to his formed on those veSBels was not well and honestly perlormed. They side, it is very great. It is very charming to have one of those con- were sent to Brooklyn because it was better to have men employed venient minds that drink in the knowledge that will make for your there at that particular time to influence the election than it was to side and cannot possibly take up any that makes against it. But if have them employed down at Norfolk. I do not see anything very my friend will read, with the assiduity that he reads everythin~else, criminal in that, although it may have been very bad policy• the history of the democratic administrations from the beginnmg of .Mr. THURMAN. Will the Senator allow me to ask him a question t General Jackson, the great war-horse of the democracy I believe he Mr. CRAGIN. I would go further than that in my opinion. was called, or something of that kind, down to 1861, when democratic Mr. THURMAN. If that is his explanation of it, how can he jus- administrations (with the accidental exception of from 18G5 to 1869) tify the severe censures of the committee from whose report he has disappeared, as I hope, forever from the face of this republican earth, read f he will find that precisely the things that this amazingly economical Mr. CRAGIN. In the case in 1858, Mr. Buchanan, or his Secretary and pure bill that was brought to us from the House of Representa- of the Navy, Mr. Toucey, did just as every Secretary of the Navy has tives attempts or professes to correct have been the rule and not the done since the organization of this Government. Work is to be done; exception. And it so happened by some curious coincidence, or mis- it is done irregularly. I have always believed that it would be bet- fortune, or something, that none of the wise and great men in either ter to employ a given number of men through the year in all the House .who have preceded us, and who as democrats ruled affairs, navy-yards, the number necessary to do the work; but that has not seems to have had his attention brought to it, or, like my good friend been the practice. The work is irregular. A vesselcomeshomefrom from Ohio, to know anything about it. But now inasmuch as there a foreign cruise out of repair, needing repair immediately ; she goes are still navy-yards-more t.han there used to be, probably, becanse to some particular navy-yard; a force of men is employed to repair we have had rather a troublesome difficulty, that my friend may not her; it may be in November, it may be in any other month of the have forgotten entirely, that required a good many n~vy-yards and year, so that the force in the yards cannot be maintained at a regular the employment of a good many people-there has come in, and with number and perform the work necessary to repair the vessels. them this House bill says has come in, the legacy, or rather the he- Mr. MERRIMON. .The point 1 make is this- reditary descent, of an abuse by increasing the employments in these The PRESIDENT pro tempore. The time of the Senator from New navv-vards about election-time. Hampshire bas expired. If that is true, it ought to be corrected undoubt.edly. No man will Mr. MERRIMON. I ask permission to propound a question to the go furt.her than I will (and I think I can ~peak for every republican Senator. The question I propound to the Senator is, if the President in t.hat) in correcting that and every other abuse, although it has de- or any person else bearing authority shall send workmen into a navy- Ecended to us as hereditary diseases descend among men, from its yard or elsewhere for t.he pmpose of inducing them to vote one way birthplace in the democratic party. I do not think, therefore, tha.t or another, is it not in itself ·c riminal and to be condemned in tho this tlebate ought to be shunted off, as it seems to have been desi~ned, JitO t unqualified manner by the American people! .. not by n.ny Senator, but by the course of events, into an assault upon Mr. CRAGIN. I do not suppose they were sent there 'for the pur- the republican party. That is not what we ought to be about on a po e of voting in any particular way. Men were out of employment. bill of this kind. We ougb~ to be abont., as I suppose we are endeav- They were liable to go away, to move off, to go somewhere else possi- oring to do, the correction of every ahuse and the diminution of every bly. unnecessary expenditure, and seeking in the most rigidly economical Mr. MERRIMON. Then why does the honorable Senator bring this manner to carry on the Government, but we ought not to destroy it matter to the attention of the Senate f nuder the pretense of economy. We ought not, for fear that some .Mr..CRAGIN. It has been brought to the attention of the Senate be- republican or democmtic member of Congress living in a district fore, and I merely wish to bring forward an offset. The Senator from where there is a navy-yard can manage to increase its force about elec- Delaware has read fromareportrecently made by a committee ofthe tion-t.ime, to put the Navy in a condition that no ship can be repaired Honse showing that some abuses, as he claims, have been practiced under all possible circumstances. There ought to·be a means-! do at the navy-yards at Boston and other points, because men were em- not know but the bill provides it; if it doe~:~ not, it ought to-there ployed just before elections. I have only referred to t.hese facts to ought to be a means in a case of public exigency of prever. ting all work show that men were employed just before the elections in 1858; that from being stopped in navy-yards about t.he time of an election. In the force was increased from six thousand to ten thousand in the navy- 1864, when it was said that the war was wrong in itself and a failure yards in this country during that year; not that I assume that every in pract.ice, and that we ought not to take any means, therefor<', to one of these men vote(l the dem~cr:1tic ticket. I suppose they were carry it on, it wonlfl ha.ve been very inconvenient if the law had pro- IV--252 I ; I 4018 . CONGRESSIONAL RECORD-SENATE. JUNE 22, vided that all the work in the navy-yards of the Unit ed States should this year, and then they will do wisely, if the circumstances are the stop for two months, in October and November. That would have same, to make it apply to the next. been rather an advantage to the public enemy, I take it. Au8 by a special provision in a bill eight or ten or twelve in asking an increase of these appropriations and would rather take vessels were not.. built for the Navy f the bill as it comes from the House, I do not want to make a vain Mr. SARGENT. That is very true, but it is not included in this struggle. Then we shall at least ha-ve one appropriation bill, although account. The amounts I have given, running from 1848 to 1858, were the service will go on crutches through the coming fiscal year. exclusive of special provisions for single vessels. They were the or- The PRESIDENT pro tempore. Does the Senator from California dinary appropriations made for the benefit of the Bureau of Yards move to reconsider the vote on the several amendments! and Docks. Mr. EDMUNDS. That he cannot do. He must move to reconsider MI·. SAULSBURY. In order to meet the requirements of that a specific amendment. special demand for the building of those vessels, the expenditures for Mr. ANTHONY. If the Senator from Vermont will allow me, I the other object became necessary. In 1858, or about that time,-as I hope the Senator from California will not make that motion. Some remember-! have not the facts before me-eight, or ten, or twelve Senators were absent when the last vote was taken who will be in excellent vessels were built for the Navy. There was au unusual ex· soon. penditure of money at that time, so that in 1860 our Navy was in a Mr. SARGENT. Very well; I will try the matter once more in the ruost excellent condition in the number of new vessels. Senate. Mr. SARGENT. I know there was a special appropriation, running Mr. EDMUNDS. The motion was made and I have the floor upon over two years, for building the new vessels; in 1860 those new ves· it. While it is up I wish to say a word. I have voted against the sels were built; but why that should make the other ordinary ex- committee on two amendments. If I fall within the description-and penses of the Bureau larger I do not see. If that applies to 185H, I hope I do-of my friend from Calfornia, of being a republicau, I • what applies to 1857, when the expenditures were 2,300,000, or to may say that the first one in respect of which I voted ·against the 1856, when they were $2,567,000, or to 1855, when over $2,000,000 was committee was the general provision, entirely discretionary, not car- expended, and so running back, starting in 1848 with 1,053,000 and rying .out any requirement of law, but purely a matter of congres- coming to $3,157,500 in 1858 f · sional discretion from year to year, found on pages 8 and 9, for equip- Mr. THURMAN. Will the Senator allow Ille to interrupt him one ment of vessels, for coal for steamers, transportation, storage, labor, moment T He must observe that the Navy appropriations-have been hemp, wire, hides, cordage, canvas, leather, anchors, galleys, detach- the most singular things in the world. You would have items cover- ing apparatus, cables, furniture, hose-and I suppose that means ing two, three, and four pages, and then a gross sum appropriated for trowsers for the sailors, but I cannot say about that-bake-ovens, all those items. I always thought that an evasion of the constitu· cooking·stoves, life-rafts, beating apparatus, labor in equipping ves- tional provision, and certainly very bad policy if it were not an eva- sels, manufacture of articles in the several navy-yards, &c. The sion of that provision. It is pretty difficult to compare any appro- committee proposed to increase the appropriation from $fn'O,OOO to priation made under the head of "Bureau of Yards and Docks" in the 1,250,000. After the statements wllich have been made respecting past with the appropriation in this bill, where for the fust time al- the current income of the Government and the current expenses on most, if not the very fust time, :m attempt ha-s been made to confine the basis of the appropriation bills, likely to come short or very near appropriations to their proper objects. it, it appeared to me that it would be wiser on these mere matters of The PRESIDENT pl'o tempore. The question is on the amendment discretion, where there is no other obligation than the mere wisdom to lines 217 and 218, on which the yeas and nays have been ordered. of Congress, to take the lowest sum possible, and if we should find in The Secretary will call the roll. Decem her either that the revenues had increased or that the exigency Tbe Secretary proceeded' to call t.he roll. of the service made it apparent then that some further sum would be Mr. KERNAN, (when Mr. CHRISTIANCY's name was called.) The absolutely indispensalJle we could provide for it. That was my motive. Senator from Micbiga.n [Mr. CHRISTIANCY] has gone out, and I agreed And so in respect to the next amendment, wuich I will not take up to pair with him. He, if here, would vote "yea," and I should vote the time of the Senate in rec~pitulating; it is of the same general '.'nay." cbamcter. I do not think that my friend from California ought to Mr. COOPER, (when h's name was called.) On this question I am do what seems to me to be a rebuke to his political friends in sug· paired with the Senator from Illinois, [Mr. LOGAN.] He would vote gesting- that we are not aa much disposed as he can be to stand lJy ' yea," and I should vote u nay." 1 the law and to stand by the necessities of the Government in sup· Mr. INGALLS, (when the name of Mr. DORSEY was called.) On porting him in carrying through this bill. We must be left, on mere the preceding vote I omitted to mention that tha_Senator from Arkan- matters of discretion, where if we underestimate orunderappropriate • sas [Mr. DORSEY] sent me word that he was detained by lJodily ail· now the mistake can be rectified in December, not to get into a dis- ment that prevented Lis attendance in the Chamber. I state it now pute with our excellent co.ordinate or omnipotent branch, whatever to expL'tin his absence. it may turn out to be, on a question of this kind. The roll-call was concluded. That is my reason for voting against these two amendments. I Mr. WHYTE. I am under the impression that the Senator from hope my friend from California will understand that it is not from Iowa [Mr. WRIGHT] is paired with my colleague, [Mr. DE:N~IS.] My any disposition to cripple this bill, but to see if it were not possilJle, colleague informed me lJefore he left that he bad paired with the tentati>ely at least, on these mere matters of discretionary detail, to Senator from Iowa on all questions of this character. meet the House on their own proposition for the time being. Mr. WRIGHT. I will state to the Senator from Maryland that his Mr. SHERMAN. I hope the Senator from California will with- colleague did call upon me, and I asked him whether the pair would draw his motion to reconsider. A.t t.be same time I desire to sa.y that, be regarded as applying to appropriation bills. My recollection is while I voted with the Committee on Appropriations on these amend· that the pair was not to apply to appropriation bills. The Senator mentt), I did it with ·some doubt ou two or three of them, simply be- from Tennessee, [Mr. CooPER,] however, can state as to that, as be canse, whether we wish to do it or no, we are bound to reduce the ex- was present a.t the time the pair was made. I had au impression that penses of the Government below the appropriations estimated and it diu uot apply to appropriation bills, but if my friend thinks it asked for by the Departments about $26,000,000. There is no help does, I shall withdraw my vote. for it. There is no use talking about it. The estimates submitted 1\lr. COOPER. I understood that it did not apply to appropriation to ns by the Departments called for an expenditure of ~314,000,000. bills. The Secretary of the Treasury, however, rednced them, as recom· .Mr. WHYTE. Very well. My collettgne did not mention this fact meucled lJy him in his auunal report, down to 303,000,000. The esti· ·when he spoke to me in regard to the matter. mated receipts of the GoYerument at the beginning of the year 1\lr. 'VRIGHT. That was the understandipg, for I said jocularly were $304,000,000. If these estimates ho1d good we shall be alJle to if tbcre was any question between us at any time my good friend appropriate and pay what is estiJIL.'tted lJy the Secretary of the Treas· from TenneRsee [Mr. COOPER] would determine it. Therefore I voted ury, $303,000,000; bnt since that estimate was made, during the cur· understanding that the pair did not apply to this subject. rent year, the receipts have fallen short, according to the statements The result was announced-yeas 2'.J, nays 2'2; as follows: I read the other day, which were official, 11,284,331. If the reve- UAS-Messrs. Alcorn, .Allison, Anthony, Conkling, Conover, Cragin, Dawes, nues for the next fiscal year fall off at the same rate, there will be a FCT,.')', Frelinghuysen, Hamlin, Hitchcock, HoweJ..Jones of Nevada, Mitchell, Mor- falling off of revenue of $14,945,000 f1;;om the estimated receipts. Iill of Maine, Oglesby, Robertson, Sargent, ;:;herman, Wadleigh, West, and The Senator from California says a part of that was caused lJy the Wrizbt-22. tax bill. No doubt the tax bill operated very differently from what NA YS-Me.'lsrs. Caperton, Cockrell, Davis, Eaton, Edmunds, (i{)lilthwaite, Ham- was expectetl by those who v'oted for it. I do not want to go into ilton, luJ!alls, Kf'~ly, Key, McCreery, Maxey, Merriman, Morrill of Vermont., Nor- woou, Ransom. Saulsbury, St.eveuson, 1.'burman, Wallncl', Whyte, an~Withers-22. that question; but it lli manifest that if the present depreasion of 4020 CONGRESSIONAL RECORD-SENJ-~TE. JUNE 22, trade continues during tbe next fiscal year the Committee on Appro- efficiency. They become the experts of the Senate for the purpose of priations must either reduce their appropriations about ~15,000,000 ascertaining the economy of these appropriations. They declare that from the revised estimates of the Secretary of the Treasury, or we they have gone down to the minimum appropriation, and that these shall not be able to keep the sinking fund good, or must make it up are the proper figures. I vote for them, believing that it is the only in taxes, which is out of the question. criterion, the only rule by which I can vot,e nnder8taudiugly. The Senator from Maine [Mr. MORRILL] has assured me over and The PRESIDENT pro tempo1·e. There is no amendment pending. over agairi-and I believe what he says is always reliable-that the The Secretary will report the next amendment. committee on the part of the Senate have already contemplated a The next amendment of the Committee on Appropriations was in ' !'eduction to the full amount proposed. I believe that is so, so far as the appropriations for the Bureau of Medicine and SuTgery, in line I have kept an eye npon the appropriation bills. At the same time I 256, after the word "the" to strike out ''same" and insert "former;" would rather be on the safe side than otherwise. so as to make the paragraph read: Therefore my friend from California, while I voted with him here, For necessary repairs of naval laboratory, hospitals, and appendages, including must not feel sensitive when members of his own party, seeing these roads, wharves, outhouses, steam-heating apparatus, sillewalka, fences, gardens ancl farms, cemeteries, furniture, beau-marks for graves, 10,000. And the Secre- figures before them, go wherever they can to reduce the expenses of tary of the Kavy is hereby directed to report to the next session of this Con_gress the Government. I certainly will do so. We must do it. My friend the be t method of making sale of the naval hospitals at Annapolis aml Washing- from California has the natural feeling of a person in charge of an ton, and the former shall be cJosetl during the coming year. appropriation bill, and I sympathize with him from the bottom of my Mr. MORRILL, of Vermont. I know the patient labor of the Com- heart; but he must not be discontented when any of his political mittee on Appropriations in going through these regular appropria- friends, feeling the force of the facts presented, which cannot be gain- tion bills. Gentlemen on both sides of the Chamber spare no tiwe or said, seeing that there is an item before them which can be reduced labor in investigating the facts upon which all these appropriations without breaking up the service, fall into the habit of voting to re- are made, and there is no gentleman who has more of my con.fidence duce it. than ths honorable Senator from California in reporting the e bills. These two items are of that character. They are contingent. I know with what assiduity he always investigated all the" bot- When you come to the pay of the Navy, there is a difference. There tom facts" in relation to any appropriation. At the same time, in the amount is fixed by law; it is salary. ThE.Irefore the Senate, with- looking over the bill, I found two places where I thought I should out a division I think, voted for the first amendment of the commit- exercise my own judgment in voting for a lower amount than was tee to appropriate the full amount required for the pay of the Navy. recommended by the committee, and those two points were where con- But there are other items here contingent in their character. I intend struction and repairs were embraced. I thought at the present time it to vote with the Committee on Appropriations, on the ground that would be enough if we kept our Navy in good repair and spent noth- they have already reduced their bills now, as I am assured, to the ing for the purpose of further construction of Yessels for the navy. I amount required to bring us within the reduced estimates of our re- have voted for the lowest sum in one case, and propose to do it in ceipts. I will follow them in voting on these amendments, because another unless I shall be convinced by something the Senator from I am not prepared to say whether$700,000 or$550,000 is necessary for California may say in regard to the other amendment that may come a particular service. I know they rest under the same obligation up. Those are the only two places where I found any di position to that I rest under to reduce these estimates, and I will follow' the:n dis2.gree with tbe conclusion:-~ of the Committee on Appropriations. until I become satisfied that they have not cut deep enough to come Mr. WHYTE. The proposition which I am about to make is really within our receipts. Then I certainly shall vote for any reduction in the interest of economy. I propose to strike out of the amend- whatever, by whoever proposed, that will keep the expenses of the ment offered by the Committee on Appropriations in line 256 the Government within the receipts of the Government. word" former" and insert" latter." This clause of the bill submits .Entertaining these views, I shall continue to vote with the Senator to the Secretary of the Navy the inquiry as to the best method of from California on the ground that I have confidence in the Commit- making sale of the naval hospitals at Annapolis and Washington. tee on Appropriations, keeping the facts in view and knowing them In the original bill as it came from the House it was proposed that as well as I and all the rest of ~ do, that they have made a reduc- both of these naval hospitals at Annapolis and Washington shoulu tion in these bills that will be sufficient to keep our expenditures be closed during the coming year. l<..,or some reasons-not knowing within t.he receipts. It is their responsibility. I am not prepared them I cannot say whether wise oruuwise-it is proposed by the Sen- from any information I have to gainsay their proposition that a cer- ate committee to close only the hospital at Annapolis, and leave the tain amount rather than a smaller one is indispensably necessary to naval hospital at Washington still open for the coming year. Iu the carry on the service. absence of the reasons which actuated the committee it strikes me The PRESIDENT pro tempore. The Senator from California has that the very reverse of that proposition would be the correct one. withdrawn his motion to reconsider, and the next a!llendment will be Mr. EDMUNDS. Probably it was done on account of the presiden- reported. tial election, inasmuch a-s nobody can vote in the District of Co- Mr. ALCORN. Mr. President, I desire to say a single word. How lumbia. is it possible for one like myself to know what is necessary to be ap- Mr. WHYTE. On the contrary, the diseased republicans shonlll be propriated for the efficiency of the Navy f I have no means of know- taken somewhere else than in .Maryland upon that occasior:. Wo do. ing, and I presume that my means of ascertaining are equal to those not desire to have them there. They will probably be scattered al~ of at least one-half the Senators now upon this floor. These are over the country for the November election. round numbers toILe, 500,000, 600,000, a million dollars. How do I Mr. ED.llUNDS. My friend misunderstood me. I said the amend- arrive at a. conclusion a.s to what it is proper for me to vote for f The ment proposed by the committee was probably for these wicked re- I'ecommendation of the committee; because of the fact that the offi- publicans, by reason of gettiug everybody in the District of Colom- cers in charge of these Departments, the Secretary of the Navy and bia where no one can vote. those who by law are intrusted with the discharge of these duties Mr. ·WHYTE. I beg the Senator's pardon. I did not appreciate have presented for the con:-ideration of the committee the figures the witticism of his remark. upon each 1md every item that is here given. That committee, whose Mr. ED.llUNDS. That is not VE.Iry strange. duty it is to watch the interests of the Government, whose duty it is Mr. WHYTE. I thought the Senator had some reference to my own to reduce by every possible means the expenditure upon every item State. that is presented to them, take, analyze, scrutinize, and digest, if you .Mr. EDMUNDS. 0, no. please, each and every proposition that is brought before them, and Mr. WHYTE. Where we have, I admit, diseased republicans; bot they here come and report that these are the sums that aro necessary the hospital can do their party no good. We have fewer diseased to go forward with the Navy and the duties and work appertaining democrats, however. to that Department of the public service. Abandoning all witticisms or joking upon the sn~ject and coming These men are responsible. I hold the chairman of the committee to the serious question, while the amount involved is very small ap- and the officers of the Government who have made these estimates parently, the Government may lose a considerable amonnt of money responsible to me, declru·ing in my place that I stand here opposed to by this procedure. If the committee consitler that it is important to voting either for the democratic part.y or the republican party one the Government to close the hospital at Washington, not beiug suffi- single dollar of the public money that is not necessary to the public ciently familiar with the surroundings of that institution I shall ex- service. No party considerations could induce me to vote one dollar press no views upon that subject; but in regard to the naval hospi- of money for any other purpose than that of an absolg.te necessity. tal at Annapolis, nothing could be more unwise than to clo e that But how am I to arrive at the line of duty that is marked out for me building tor a year. It can be. conducted as a hospital at an expense to observe T How am I to reach itT Upon what estimate f It would of some three or four thousand dollars, one-bali of which is contrib- be just as well, as far as I am concerned, for the chairman of the com- uted by the naval-hospital fund. I venture to affirm that to close it mittee to have said "fifteen hundred thousand dollars" as "a mill- for one year would ~ost the Government not less thau $10,000. ion dollars," and if he had made the same statement that he makes .Mr. EDMUNDS. How many people are in it now f now upon that basis, I should have voted for the larger sum just as Mr. WHYTE. I think there are thirty or forty iu it at this time. cheerfully. This is guess-work to me, cutting down 40 per cent., or It is outside of the grounds of the Naval Academy. It is therefore dividing the thing in half. I do not understand the ru1e by which exposed to the tramps and to the pillagers who are to be found iu an~' sum is arrived at. The Secretary of the Navy and his sul>ordi- every country. The shutters would be carrietl off, tl.Je pouting w6uld natesg::w e us the figures. Tltey appeared before the committee. They be taken, and the leatl pipos iu the builtling, as I think my friend placed the figures, the nece sities, and the estimates for those neces- from Vermont, [Mr. MonRILL,] the chairman of the Committee en sities before the committee. The committee scrutinized them. The Public Buildings and Groumls, wj.ll bear me witness, is the fate of aJl members of it were appointed upon that committee by reason of their the public buildings that are abandoneu aud closed and left without 1876. CONGRESSIONkL RECORD-SENATE. 4021 people to take care of them. They are pillaged and plundered, and closed. If, however, Senators fear there may be a dilapidation of the property is rendered not only useless for the purposes of the Gov- the property or danger to the material that may be of some use to ernment afterward if it be retained, but if offered for sale it is ac- the Government or to somebody, a single watchman could take care tually given away. That is the case with this hospital at Annapolis. of the building, just as gentlemen who go away from their country It was a building constructed at a cost probably of $70,000, in addi- houses leave a single servant, or two servants if necessary, at an ex- tion to which-! do not now remember the amount-a large sum was pense of $300 apiece, to watch their property; but f.or any practical appropriated to purchase the grounds. They have been put in nice purpose as a hospital it is of no use whatever, and ought neYer to order. Everything about the building is in good condition. have been put there. It ought to be abolished now. Mr. EDMUNDS. How long has it been established 7 I speak very plainly and clearly and positively upon this subject, Mr. WHYTE. Only a few years, not over ten years in all, I sup- because it is a mat.ter which the Naval Committee, under instructions pose. It is almost anew building, a beautiful building, utterly worth- of the Senate, two years ago inquired into particularly as to which of less for any other purpose thaD. as a hospital or connected in some all our hospitals could be abandoned; and we came to the conclusion manner with the public buildings at Annapolis. I am satisfied none that this hospital should be disposed of, and made a written report of the officers of the Naval Academy would recommend the closing on the subject, which was printed. of this building. Mr. WHYTE. I am not making any objection to the sale of this Mr. MERRIMON. Is it a wooden building! hospital at the proper time, but the bill does not provide for the sale Mr. WHYTE. It is a wooden building. It could not be sold at of t.he hospital. It provides that the Secretary of the Navy shall re- this time for one-tenth of its cost; probably it would not bring $6,000 port at the next session of Congress what would be the best method to-day in the market if put up at sale, owing to the depressed 'condi- of making a sale, and in the mean while closes up the building. My tjon of things in the State of Maryland at this time. I submit tlils proposition is only for a temporary sustentation of the hospital until proposition in the hope of saving the building. the next session of Congress ; that is all. The officers are all there, The PRESIDENT pro ten11Jore. The question is 0'11 the amendment the attendants are all there, and the hospital can be kept up at a cost of the Senator from Maryland to the amendment of the committee. to the Government of $2,000 out of the public Treasury. That is all, Mr. ANTHONY. I think the Senator from Maryland is quite right and it would cost that much to put watcHmen in the building. when he says that to close this hospital for a year and then open it Mr. SARGENT. It costs nearly 7,000 to run the hospital. would cost the Government $10,000; but I submit if that is not the Mr. WHYTE. Four thousand dollars at the outside it would cost principle upon which the bill as it comes to us bas gone. All there- to run it for a year. ductions that have been made as the bill comes to us, from the ordi- Mr. SARGENT. Then there must be some special fund out of nary service of the Navy, will )lave to be paid for next year at a which to run it. · · greatly enhanced cost. If we reject the additions to the appropria- Mr. WHYTE. It cost , 6,000 before, but the expenses have been tions which the committee have reported, we shall have to put them reduced. According to the showing of the medical inspector it can on next year, in this case and all the others. I think this is in no be run for about $4,000 a year, and it would be worth that much more sense an exception to the general tenor of the reductions which are next year if it is not closed. proposed in the bill as it came from the House. If we a1·e to have a Mr. SARGENT. That is not 2,000; it is nearer $7,000. N:wy we ought to keep it up to a certain extent, within certain lim- Mr; WHYTE. Two thousand dollars of this sum are contributed its, all the time. We should keep it in good repair. We should have out of the hospital fund. and the other two thousand paid out of the a sufficiency of the imperishable materials, and we should keep such Treasury. a force afloat as will give oirr young officers an opportunity to learn Mr. SARGENT. That is true of all hospitals. It has no special their profession and keep the old officers from getting rusty. privilege in the hospital fund. Mr. SARGENT. The Washington hospital is important as long as Mr. WHYTE. But it is made up out of a fund not raised by gen- the Washington navy· yard is kept open and the marine barracks are eral taxation. near it. It is a very important hospital as long as we have these Mr. SARGENT. It is m&do up from the resources of the Govern- stations. If we abolish the navy-yard and the marine barracks at ment. Washington or locate them elsewhere, then we shall not want the The PRESIDENT pro tempm·e. The question is on the atpendment Washington hospital. of the Senator from Maryland to the amendment of the committee The original bill which was reported from the House committee to strike out the word "former," in line 256, and insert ''latter." provided that both of these hospitals should be stricken out and at Mr. MORRILL, of Vermont. I suggest to the Senator from Mary- tbe same time abolished. the Washington navy-yard. There was a land to move to strike out all after the word" Washington" if he consistency in the !Jill in that &]tape. When finally the House re- wants to accomplish his purpose. fused to abolish theWashington navy-yard the necessity was at once Mr. WHYTE. I will withdraw my amendment and move to strike created for keeping up the Washington hospital. Therefore we have out all after the word " Washington/' in line 256. proposed that it shall be retained. It will be found to be a very im- And the same shall be closed during the coming year. portant hospital. For the purposes of comparison I haveatablehere The PRESIDENT pro tempore. The question is on the amendment for the last fiscal year. I will compare it with Annapolis, Maryland. of the Senator from .Maryland, as modified. For instance, there remained in the hospital, December 31, 1874, at Mr. EDMUNDS. I ask for the yeas and nays. Annapolis, Maryland, 5 patients; there were 21 remaining in the The ~eas and nays were orde1·ed; and being taken, resulted-yeas Washington hospital. The total numbertreated in1874atAnnapolis 21, nays 18 ; as follows : was 35; at the other, 127. One died in the Annapolis hospital and 2 in the other. There were discharged in 1874 29 from Annapolis YEAS-Messrs. Cameron of Pennl'lylvania, Caperton, Cockrell, Cooper, Davis, and 104 from the Washington hospital. There were admitted in 1874 Ferry, l'relinghuysen, Goldthwaire, Hitchcock, .Jones of Florida, Kelly, McCreery, Maxey, Merrimon, Norwood, Ran~ro. Saulsbury, Stevenson, Thurman, Whyte, 32 in Annapolis and 111 in the Washington hospital. and Withers-21 These figures give the proportion of about 5 to 1, and show the KAYS-Messrs. Alcorn, Allison, Booth, Cono-ver, Cragin, Dawes, Edmunds, importance of t.he Washington hospital over the Annapolis hospital; Hamilton, Howe, Key, Mitchell, Morrill of Maine, Morrill of Vermont, Sargent, so that if either be closed it shonld not be the one of the greatest im- Wn.dlei,een most extensive repairs unques- expense of the Gi>vernment. · tionably, and it is to the credit of tbe Navy Depa.rtment that it has Mr. EDMUNDS. In order to perfect the text, before these words utilized all tba funds which we gave, and created out of rotten hulks are stricken out, I move to amend the clause by striking out all after a valuable Navy, which we have at the present time. The Navy is the first word" and" and inserting: in a better condition now than it has been at any time since the war. No increase of the force atanynavy-yard shall be made at anytime within sixty Wben the war closed we bad vessels of the most ridiculous descrip- days next before any election to take place for Pre..c;ident of the United States or tion for war-vessels. We had side-wheelers; we had ferry-boats; member of Congress, except when the Secretary of the Navy shall certify that the we bad scows, with tea-kettles upon them; we had vessels that would needs of the public service make such inore ase necessary at that time. not float, vessels that bad been knocked to pieces by cannon-shot, a Mr. SARGENT. Is that a substitute f ragged, bob-tailedmassofstuffcalledanavy. Outofthatterriblecon- Mr. EDMUNDS. It is to perfect the text. fusion, very much through tlJ.e persistent economy and the genius of :Mr. SAR.G-ENT. Instead of what there is in the bill f the present Secretary of the Navy, an orderly and efficient, but small, Mr. EDM~S. Instead of what there is in the bill. navy has been created, and except a. few new vessels which have ]).fr. THURMAN. To whom shall he certify 1 How is the Secre- been built, small cruisers, where express appropriations have been tary of the Navy to certify f I do not understand it exactly. made for them, it has not been by means of large appropriations, but Mr. ED~!UNDS. I will take the opinion of the Senator, if he bas the ordinary annual appropriations have been economized. Wherever any trouble on the subject. I perceive that my friend is not anxious a dollar could be saved it has been put into repairs. We have go~ to come to a vote on the direct question of preventing this so-called, I!eal'ly through with that. There are a few of the double-turreted and if correctly described real, abuse for this one year which the and single-turreted monitors that need to be finished, and when House bill provides, and ~hich is certainly the most extraordinary finished they will be worth hundreds of thousands more than they proposition that I ever saw in a bill that had pal:lsed one branch of were when they were first launched from the stocks. They will have any legislative body, which no mutiny act (and my friend bas refened iron hulls, imperishable, instead of wooden bulls liable to be destroyed to that as existing from year to year in Great Britain for the protec- by the tm·edo or to decay, as the best live oak will do. That work tion of liberty and private rights) can justify or furnish au apology is nearly finished, and ought to be finished, but it cannot be finished for. For the first time that I remewber in any legislative contrivance under the appropriations proposed by the Senate committee. All we that bas got through a deliberative body the idea that in order to cau do will be to keep in repair the vessels which are occasionally correct what is called an abuse, and truly so called if the things al- arriving from the Asiatic squadron, the 'Vest India squadron, and else- leged aJ•e facts, you are to say that for this one year, when one par- where throughout the globe where om·vessels are scattered, and send ticular party happens to have control of the executive branch of the them off again on their necessary mission. Government, you will not allow navy-yards to be filled up, but leave Senators may say that this is a large increase; but let me remind it for the next political party, if any prejudice designed by Provi- them that last year we appropriated nearly a million more, and the dence to this nation should Jet it come in, to then fill them up for all Senate bas continued in a reduction of about a third of the appro- time afterward, would be the most extraordinary philosophy in le6-ris- priations for the annual expenditures. In that view it seems not un- lation that ever I heard of, I confess. If we are in earnest about tllis 1·easonable to agree to the amendment proposed by the committee. business-and for one I humbly submit that I am-and wo wish to Mr. CRAGIN. I think every year :fpr twelve years the appropria- guard against this abuse all the time, then let us say that n~ver tion for this Bureau has been over $3,'f)OO,OOO continually, without an shall the force in these navy-yards be increased about the time of the exception. elections with which we have anything to do, (that of the Chief Mr. EDMUNDS. Would it be in order to move to make $2,000,000 Magistrate of the nation, which of course includes that of the Vice- the eum appropriated, which by the House bill is a million and a half President, for they must take place together, and that of members of and by tbe committee's proposed amendment two millions and a Congress,) unless the responsible head of that Department shall cer- halft tify that the necessities of the public service require that this work Mr. SARGENT. The Senator can move to strike out "500,000" in should go on more rapidly at that time. line 290. My friend from Ohio a..,ks, "What does certify mean f It is vague." :Mr. EDMUNDS. The amendment of the committee is to strilte ont I thought the meaning of the word was very clear. "To whom shall one word . and insert another, and I cannot by perfecting the text he certify!" he asks. I never was aware that a certificate absolutely move to strike out one word and insert another. required that it should be addressed to anybody. I have seen ·a good The PRESIDENT pro tempore. The Senator might move to strike many, and so bas my friend, that certified" to whom it may concern." out the whole. We cannot have any very great trouble on the subject of the meaning Mr. 'EDMUNDS. I was afraid that would be liable to the queer and the application of the word "certify." Its plain import is, I sub- idea we have here, although it is the law of the Senate, that the pres- mit to my friend from Ohio, that the Secretary of the Navy shn11 clo- ent amendment ie to perfect the text. I am only desiring to strike· clare in writing, by his public certificate, or proclamation, or order, out pa.rt of the text. Then I move to strike out all the wordo after or whatever you call it, in a responsible way, that he cannot get away "postages" in that paragraph, "$1,500,000," and the amendment of from, that the public necessity requires that this work should be tim- the committee which makes it 2,500,000, and insert "$2,000,000," so ulated and increased at the particular time named, so that in time as to make the appropriation $2,000,000. Last year the appropriation ' of imminent public peril or warfare there shall be a power, a responsi- was $3,300,000. ble power in the head of this Department to have the work go on I agree entirely with what the Senator from California bas said, notwithstanding; and, if he violates his duty and debases the opera- that. the Se.,cret.a ry of the Navy has with great tact and ability, iu my tions of his Department to political ends, he is amenable to the law, opin~on, devoted his energies, out of the small appropriations that which can reach him if he does not get out of office too soon, as th<" wera given hjm1 to improyiug the condition of the Navy in strict pur- saying is; and, if he does, you have got rid of. him and can apply the suance of law, in repairing tllose old ships and putting them into proper redress. ~ondition. ~we are to have a navy at all, it is worth while out of That is the object of this amendment, and I had supposed it woule lieve that if the Secretary of the Navy discharges his duty no such been f Absolutely with our hands tied. thing ca.n ever 'take place. . If this Government has got so low, or is hereafter to get so low, This provision in the House bill is aimed at that very abuse of dis- that you cannot trust the responsible exercise of executive power cretion that rests in the head of theN avy Department, q,nd the amend- with that part of the Government to which the Constitution has re- ment offered by the Senator from Vermont does not remove in any de- mitted it, then we had better give up. To declare that the vessels g:ree either the temptation to permit the abuse or the probability of of war of the United States for two particular months in one year, 1ts occmTence. There can be no such "taking on" of men not needed or in any year, shall not be put in fighting condition, is to declare now without the sanction, if not the direct orde:~;, of the Secretary of what no other government has ever declared, and what no wise gov- the Navy. If the men are actually needed, then it is proper for him ernment, in my opinion, ever would declare. to order their employment; but this abuse, if it exists, is an abuse Yon must have the capacity for the exercise of your force always consisting in the employment of men who are not needed. in existence. You cannot calculate in advance that the months of Mr. EDMUNDS. May I ask my friend a question T October and November are to be the months when the gates of the Mr. THURMAN. Certainly. temple of war are to be shut, and that you can fold up your arms and Mr. EDMUNDS. If, as the Senator says with entire correctness, run the risk of having the courtesy or the magnanimity or the con- the men are needed, the Secretary ought to have the power to employ tempt of other powers protect you from injury and from danger. them. How can he do it if you take this provision as it came from That never will do. You must have power somewhere that can l>e the Housel He can do it if you take the proposition which I have exercised all the time within the amount of money that Congress offered; but he must do it, let me say as a part of the suggestive chooses to appropriate, and sometimes altogether beyond it, the ex- question, in a public and responsible way, so that there is no dodging, ecutive arm taking the risk of having his action approved by the or doubt, or difficulty about it. He is obliged to take the open and representatives of the States and of the people. And yet here comes public responsibility. Is not that a safeguard T this bill which declares that for two months in this year the navy- Mr. THURMAN. I grant that that is something. I grant that that yards shall lie absolutely idle for fear that, w hat.ever may be the pub- is much better than a private order or intimation, or whatever you lic peril, somebody may get there who may vote in the wrong place may call it. If I knew what "certify" meant, whether it meant or vote the wrong way. putting a paper on the files of the Department that so many men Now, what I have proposed is to meet what is said to be tho abuse were needed at the Kittery yard, or so many men at the Brooklyn and what in old times, if not in present ones, plainly has been an yard, or so many men at Mare Island; if I knew precisely what this abuse, by providing that the responsible head of this Department in cm-tificate meant, I might be willing to agree more than I now am a public and responsible way. shall be authorized at his peril, with- that there would be some restraint in the provision offered by the out leaving it open to any doubt as to what he has done, to carry on Senator from Vermont. the necessary oper~.tions of the Government even in the months of Mr. EDMUNDS. If my friend bas really any difficulty about the October and November. word ''certify," if my friend is really in earnest about that, if it is not Mr. HOWE. Will my friend allow me to ask him a question f It a mere jocose criticism, and it will help him, I will change it to say is whether be supposes that a democrat or a republican either can "shall by proclamation declare," so that the head of the Department hurt the country any worse by voting from a navy-yard than any- shall make a public declaration that the public service requires it. where elsef If he will go for it in that way I will change it. Mr. EDMUNDS. I intimated that when I said tha,t it was supposed Mr. THURMAN. Thu,t is better, although it would be a singular somebody who got into the navy-yard would either vote in the wrong thing for an executive officer, except the President, to be issuing place or in the wrong way ; that is all. proclamatiollil. Yet that would still be something better, I grant Mr. HOWE. But if he votes from the navy-yard he will not vote tkat; and I hope, as my friend is progressing, he will finally come up anywhere else T to the Honse bill. Mr. EDUUNDS. That is perfectly true; but at the same time it My answer to him is that there is no reasonable probability that has been said that there wa>S born in the good old democratic times this any more men will be needed at the navy-yards in the months that wicked local contrivance of stimulating the election of some mem- are named than the number named in the bill. Perhaps it is too ber of Congress in a particular district where there was a navy yard, broad a statement to say the number named, because I have not in- and whichever pa.rty the member happens to belong to generally vestigated the subject. I do not know how many men are employed takes, they say, a deep interest in the navy-yard and its employes so during those times or before those times. I only take it for granted as to get men into place in order to help them. AB far as t.hat evil that the committee who have examined this tmbject have found that has extended I am perfectly willing to correct.it; and you do correct fifty men would be an that would be needed in a navy-yard at that it, if you are wholly in earnest, by providing that the head of t,he time. If that is not enough, double it and make it a hundred men. Navy Department shall take the respont~ibility in a public way and by Mr. EDMUNDS. But my friend seems to think the House commit- a formal official act of saying that the public necessities require the tee is "the be-ail and the end-all." We have a committee of our own increase of force at this particular time. That is all there is about which declares exactly the reverse. it and there is no danger in it. But as I said before, I am absolutely Mr. THURMAN. I do not do any such thing as that; but I say if astonished at the provision that this House bill contains. fifty men are not enough, then double the number; or if you do not Mr. MERRIMON. I ask to have the amendment of the Senator like that, if you think there is any great publio exigency likely to from Vermont reported. arise that would require a larger force, and if that is the opinion of The PRESIDENT pro t-empo1·e. The amendment of the Senator the majority of the Senate, then frame the section in a different way, from Vermont will be read. different from that proposed by the Senator from Vermont, which The CHIEF CLERK. After the word "and," in line ·290, it is pro- leaves it all in the discretion of the Secretary of the Navy just as it posed to strike out all the words to line 300, and insert : , is now, different from that proposed by the House, and provide that No increase of the force at any navy-yard shall be made at any tit..1e within sixty after such a day, the 1st of September, if you please, or the 1st of days next before any election ro take place for Prt~sident of the Unitod States or October, if you please, there shall be no increase of the laborers in member of Con~ess, except when the Secretary of the Navy shall certify that the t.he navy-yards up to the 15t.h day of November. needs of the pnblio service make such increase necessary at that time. Mr. CRAGIN. I would agree to that. By this provision there will Mr. EATON. Ur. President, I am very much disposed to support be a large reduction necessary in every navy-yard. Besides, this the amendment of the Senator from Vermont for this reason: I had would not apply to the Kittery yard at all, especially so far M New drawn one em bracing nearly the same language and entirely the same- Hampshire is concerned. Our election takes place in March and we idea, that unless a public emergency arose which in the opinion of should have the right to increase under the bill, if we wished to do the Secretary of the Navy demands an increase of the force at any so. I want it to apply everywhere. . or all of the yards-- Mr. EDMUNDS. It is very strange that my friend from Ohio fails Mr. EDMUNDS. That is the same thing. to see the point of public exigency which he himself has stated, for Mr. EATON. It is about the same thing, and therefore I find no he said in the beginning of b1s remarks that if the public necessity fault with the amendment of the Senator from Vermont except in 1·equired it, it ought to be done. Everybody must agree to that. The this particular which I wish to suggest to the Senator: AB his amend- bHl as it stands absolutely prohibits its being done, necessitly or no ment is applied to this section, and possibly he in tended it should necessity. My friend says that it is not at all probable that next Oc- have that effect, it does away with the application of a ce1·tain amount tober and November there will be any public exicrency. Are you to to the purchase of certain timber, which I suppose to be exceedingly make absolutely prohibitive laws on the ground that you cannot now proper. see that a public function may necessarily be brought into exercise at 1\lr. SARGENT. That is not for the purchase of timber. It is some future period 7 Can you stand on such a proposition as that 7 simply to take timb~r that is in the various navy-yards and put it in I 1.hink not. How long ago is it that suddenly, owing to our relations wet docks; andatanumber of navy-yards thereareno wet docks, as, withaforeignpower, all the activities of the navy-yards were brought for instance, at Mare Island. Tbere are hundreds of thousands of into exercise and a large number of ships were fitted out at the va- dollars' worth of this lumber stored there under shel~{, such shelter rious navy-yards in order to defend the interests and protect the honor as they have ; not adequate, I admit. of .the United States T Not long ag~. Suppose that event had oc- :Mr. EDMUNDS. We have such a large amo~~~pf live-oak timber, 4024 CONGRESSIONAL RECORD-SENATE. JUNE 22, I understand, already accumulated that, iu the present exigencies of of the United States. It implies that, as a rule, or at least as an ex- the Government, we probably can get on without au accumulation of ception, you may e~ect to have the head of the Navy Department any more for the present year. so debased by political prejudice that he would make, on his own re- Mr. EATON. I had supposed differently. sponsibility, liable to impeachment and to punishment, a public 9er- Mr. SARGENT. This does not accumulate any. tificate which was a lie. 1\Ir. 1\IERRil\ION. I wish to ask the Senator from Vermont a ques- I think we have gone far enough when we make the head of tbe tion. What is to be done with the certificate the Secretary of the Navy Department responsible in the exercise of this power in the Navy is to make f Where is it to be lodged? first place to examine the particular occasion at the time, and to be Mr. EDMUNDS. I do not know what is to be done with it. I personally and officially responsible by his O"\rn declaration made pub- know that in a great many statutes and other things public officers lic that the exigencies ofthe public service demand that then," at that are required to certify a certain state of facts as the ground of action time," as t-h e amendment says, more laborers shall be employed. It or as the testimony of what has taken place. I take it, inasmuch as appears to me that that goes far enough. this certificate is a public official document, like any other public act :Mr. MERRIMON.· My idea was that if we are going to check this of the Secretary of theNavy, if there is an application or a suggestion, evil we onght to do it in the most effectual manner; and while there or if in his opinion, without any application or suggestion, the work ought not be any reason why there should be distrust of high func- at the Kittery navy-yard, for instance, or the Wa,shington navy-yard tionaries-cabinet officers-long experience in this country shows next October, owing to the state of our public affairs, ou~ht to be put that this power has been prost-ituted to the shame of all parties and on a war footing, so to speak, be makes his certificate, hlB public offi- to the shame of the American people. I -believe that if the Secretary cial certificate, and follows that, according to the law, with the order of th~ Navy is required to certify this necessity to the President, and that the force at that yard may be increased. It becomes an. official the President approve of the employment of an increased number of archive like any othel' of the public acts in writing that the Secre- hands, it would go much further toward bringing about the reforma- tary of the Navy or any other head of Department or the President of tion which all seem to desire. the United States is to do. Mr. EDMUNDS. You might provide that they should not do any- 1\Ir. THURMAN. I move to add to the amendment of the Senator thing without the approval of the President. from Vermont: Mr. SARGENT. Let us have the vote. Which certificate shaJl be immediately published when made. The PRESIDENT pro tempore. The question is on the amendment of the Senator from Vermont. 1\Ir. EDMUNDS. I have not the least objection. I accept the sug- The amendment was agreed to. gestion. The PRESIDENT pro tempore. The question recurs on the amend- The PRESIDENT pro te:mpore. The amendment of the Senator from ment of the committee, to strike out the clause as amended. Vermont will be so modified. The question is on the amendment of Mr. EATON. It seems to me that some portion of the money ap- the Senator from Vermont. propriated by this cL'tuse should be applied to the care of this timber. Mr. WHYTE. Before the vote is taken on that, I wish to call the Mr. EDMUNDS. I do not dispute that; I do not know anything attention of the Senator from Vermont to the fact, as stated by about it. members of the committee who visited these yards, that a ~eat deal Mr. EATON. I prefer that the Senator from California, who has of live-oak timber there now is rotting, going to pieces, a.ryin~ up the bill in his hand and in his mind, shoulcl perfect it in that respect. because of the want of that care which is necessary to preserve 1t. Mr. EDMUNDS. The moment this matter is disposed of an amend- :Mr. EDMUNDS. This is not intended to assail that; but it is all ment can be moved to provide for that. Anything can bo added after in one clause, and if the whole is struck out and what I propose in- this is adopted. serted, it will be perfectly in order then to re-insert such part 'lf it as The PRESIDENT pro tempore. The quest.ion is on striking out from the Committees on Naval Affairs and Appropriations or my friend the word "and," in line 290. from Maryland shall suggest. It is not intended to express any The amendment was agreed to. opinion upon that topic at tho present time. Mr. EDMUNDS. Let me undel'!:ltand the question. It is to strike Mr. WHYTE. I propose to vote for the proposition of the Sena.tor out" and." from Vermont, but there ought to be some provision to require that Tbe PRESIDE~TT pro tempore. That is all that is now left of the this timber should be taken care of; for, according to the report of committee's amendment. these gentlemen, it is really being destroyed by reason of the allega- Mr. EDMUNDS. I hope the word" and" will not be stricken out tion of the officers in charge that appropriations are exhausted and as matter of grammar, for it should precede the clause I have had they are not able to do it. inserted. Mr. CRAGIN. There is no doubt whatever that the Secretary of The PRESIDENT pro tempore. The Senator can move to prefix the the Navy or the Department will see that this timber is taken care of word "and" prior to the words agreed to. in the way suggested by this provision just so far as there are facil- Mr. EDMUNDS. I move to prefix it. ities for doing it. They have been very anxious to do it heretofore, The amendment was agreed to. and as soon as there is money appropriated it will be attended to. ~lr. SARGENT. I move to add the following words: Mr. EATON. Therefore the necessity of makin(J' some portion of And that the sum of &200,000, or so much thereof as may be necessary, shall be this appropriation applicable to that identical work. used in the employment of labor to put the live-oak timber in the different yards Mr. SARGENT. Then strike out all after the word "docks" in line in wet docks. 294. Mr. :MORRILL, of Vermont. I suggest to the Senator from Califor- Mr. WHYTE. I understand there are some places where there are nia that that had bettercome in before the last amendment adopted; no wet-docks. The timber ought to be under cover if not in water. it would be just as well. Mr. MERRIMON. 'l'he reason I propounded a question to the Sen- Mr. SARGENT. Very well; put it in before that. ator from Vermont a whi1e ago was that, while I saw the general Mr. EDMUNDS. As a distinct paragraph, right after the word purpose, I did not see the special eftect that this certificate was to "dollars," in line 290. have. I take it the purpose is that the Secretary of the Navy shall Th~ PRESIDENT pro tempo1·e. The amendment. will be so insert.ed give notice to the public at that particular time that an increase of if agreed to. The question is on inserting the amendment at that the service in the navy-yards or a particular navy-yard is necessary, point. and in order to place a check upon his power to employ men with a The amendment was agreed to. view to prostitute suffrage, he is required to give this certificate. Mr. SARGENT. The only remaining amendment which increase8 The amendment proposed by the Senator from Ohio obviates the the appropriations is line 307. Let it he stated. difficulty that occurred to my mind to some e~.ent; but it seems to The CHIEF CLERK. The next amendmentofthe Committee on Ap· me, with all respect and deference, that the provision might be ren- propriations is in the appropriation for the Bureau of Steam-En~in­ dered more forcible by requiring on such occasions the Secretary of eering, to increase the item for repairs and preservation of boilers the Navy to certify to the President that an increa~te of service was and machinery on naval vessels; for fitting, repairs, and preservatiO['. necessary, and let that certificate be approved by the President, so of machinery and tools in the several navy-yards; for labor in navy· that the responsibility for an increase of service at a time like that yards and stations not included above, and incidental expenses; and would be shared both by the President and the Secretary. It would for purcha-se and preservation of oils, coals, metals, and all materials increase the public confidence in a requisition for an increaae of serv- and stores, from $885,000 to 1,500,000. ice just preceding an election. Mr. EDMUNDS. I should like to hear that explained. Mr. EDMUNDS. That is perfectly true; and it would be still fur- ~Ir. SARGENT. This is the last amendment increasing appropria- ther increased if it should be provided that it should be submitted to tions which I am instructed by the committee to urge. I can gi vo Congress and they should assent. Of course it is a question of degree. the reasons in general terms as I have heretofore. You can add to the number of the people who are to certify; but The amount appropriated for the present fiscal year is $1,800,000. I submit to my friend from North Carolina that in a matter of this Senators will observe that the Honse does not only strike off one-half . kind, which is really a matter of detail in execut~ng public work ac- but more ; it strikes off a million at once, leaving an entirely insuffi- cording to public exigencies, it would be rather a strong implication cient amount for the service. We propose, not the amount a.ppropri- against the fitness and honor of high public officials, the heads of ated this year, but $1,500,000, which is 300,000 less than the pre ent Departments, to require that in any case the Secretary of the Navy, servico. Out of this appropriation all boilers and macLinery on ves- exercising his responsibility publicly and under a definite certificate sels have to be repaired and preserved ; a.nd it is for fitting, repairs, of a definite public exigency, about how many men he should employ and preservation of machinery and tools in t.he navy-yards. The life in a. particular yard, must always havu the approval of the President of a boiler is three years. All experts testify to that and long expe 1876. CONGRESSIONAL RECORD-HOUSE. 4025 rience shows it. Our vessels come home and must renew their boil- Marine Corps. My impression is that as the Marine officer is a quasi ers. The boilers are expensive. The boiler of a war vessel is a very naval officer, it would be better to educate him at the Naval school brge and expensive article, and it requires a great deal of money to rather than the Military school; but a graduate of eit.her wonld replace it or mako large repairs. The committee therefore propose to probably be better fitted to make an accomplished officer than a per- allow $1,500,000. son taken up from civil life who may not have had that careful Mr. EDMUNDS. This is one of the class of items to which refer- training. ence has been made bofore, that are in an entire degree discretionary Mr. THURMAN. Mr. President, the plain truth about it is tbat and where economy can bepracticeddown to averynarrow compass. the whole Marine Corps might be abolished without any great injury Of course what the Senator from California says in respect to the to the public service, and perhaps with some good to the public serv- life of a boiler and the necesf:lity of having boilers in good repair is ice. The Marine Corps was a very good thing when they used to fight true, because it not only involves questions of the capacity of the in the old wooden ships and had no bigger gun than a twenty-four- vessels but the safety of human life that ~hey should be in order. pounder, when they used the marines by putting them all around in What he says is very forcible; but at the same time I should be glad the"yards and everywhere else with muskets in their hands to shoot to appeal to him, for the reasons that have generally already been at the enemy, and also used them as a police to keep the sailors iu stated, to let ns try for this year the experiment of getting on with order. That is about the whole use they were put to. Now, when $1,000,000 instead of $8H5,000, which the House propose, and instead the number of sailors and seamen on board of a man-of-war bas so of 1,500,000, that t.he committee propose; and, in the same spirit that materially diminished, and when the mode of naval warfare bas I have suggested one or two amendments before, I venture to move almost entirely changed, the truth is that the Marine Corps is an «";Jb- to amend the amendment of the committee so as to make it read solete institution, or pretty nearly so, for all practical purposes. But "$1,000,000" instead of " $1,500,000." if we need any marines at all, there is no education that ever was The PRESIDENT pro tempm·e. The Senator from Vermont moves given that can better qualify a man to be an officer of marines than to amend the amendment by striking out "five hundred thousand;" that which is given at Annapolis. The truth about it is that anybody so as to read "one million dollars." who will witness the maneuvers of the cadets at Annapolis and those The amendment to the amendment was agreed to. at West Point will be a good deal troubled to know which of them The amendment, as amended, was agreed to. would be the better land force. So far as you use marines on land Mr. SARGENT. I should like now to ask the Senate if it will be in any land service, or so far as it is necessary to drill men or drill Ao kind as to indulge me by going back to page 10 before proceeding sailors, or make a sailors' brigade like that which Commodore St.ock- to the remaining amendments, which are formal. The amendment ton opemted in Mexico, yon could not have better officers in the world of the committee for 760,000, in lines 217 and 218, was utterly re- than those who graduate at Annapolis. jected. I should like to ask the Senate, in the spirit that has actuated · Mr. CRAGIN. I want to add my hearty commendation to this the Senator from Vermont in making his suggestions, that the $440,000 last clause of the amendment: as it stands in the bill as it came from the House, in that item for the And hereafter a.ll appointments of second lieutenants in the Ma.rine Corps Bureau of Yards and Docks, be changed to $500,000, That is a very shall be made from g.rod.uates of the naval school. slight increase. I think that is one of the best amendments in the bill. The great Mr. EDMUNDS. Very good. That is round numbers. fault of the Marine Corps, especially with the appointment of second The PRESIDENT p1·o tempm·e. Is there objection to the suggestion lieutenants, has been that poor men have been appointed; young of the Senat.or from California f The Chair hears none, and the men who have become unruly, whose parents or guardians could not amendment is made. Five hundred thousand dollars is inserted in- take care of them properly, have been by some contrivance put into stead of 440,000, in lines 217 and 218. the Marine Corps, and the result is that corps, a.Uhongb having very The PRESIDENT pro tempore. The next amendment of the Com- many gallant and worthy officers, has lost by this system of appoint- mittee on Appropriations will be reported. ments. I hope that with this amendment it may be brought up to The next amendment waa in the appropriation for the Marine its ancient standard and be made measurably, if not quite, equal to Corps, line 422, after the word " appointments" to insert " except by the Navy. promotion:" and after line 425 to insert "and hereafter all appoint- I desire to say, Mr. President, that in my long acquaintance with ments of second lieutenants in the Marine Corps shall be made from the officers of the Navy, and it is very extensive, I have never found the graduates at the Naval School;" so as make the paragraph read: a more intelligent, honorable, or gallant class of men. I believe to- For pay of officers of the Marine Corps, and for pay of non-commissioned officers• day that the personnel of the American Navy can be equaled by that mu!"icians, privates, and others of'the corps, and for transportation of officers trav- of no other navy on the face of the earth. Our Navy is small; it al- eling without troops, and for payments to dischaTged sold.iurs for clothing undrawn. ways will be small; bnt, with a large number of officers always ready , $624,000. And from and after the passage of this act there shall be no appoint- ments, except by promotion, to fill vacancies occurring in the list of commissioned in every emergency to command any number of men which can be officers of the Marine Corps until the number of sucli officers shall have been re- called for, we shall always be safe and secure. duced, by casualties or otherwise, to seventy-five. And hereafter all appointments Mr. SARGENT. Now I hope we shall have a vote. of secood lieutenants in the Marine Corps shall be made from graduates at the Mr. EDMUNDS. I will not take one-half minute of time. I en- Naval School. tirely agree to this amendment; it is a very good one; but I wish to Mr. SARGENT. The words "except by promotion" are put in say that differing from the former amendments, which merely regu- there in order to complete the sense of the passage, and, as I under- lated the employment of people who are only employed because money stand, do not vary the intention of the provision of tho House bill. is appropriated, we have here an amendment which changes the gen- The last amendment proposed," and hereafter all appointments to eral regulations of law, and on principle I am opposed to it in an ap- second lieutenants in the Marine Corps shall be made from gradu- propriation bill; but as it meets the general concurrence of the ates at the Naval School," is for the purpose of absorbing some of the Senate it is not of any consequence, and I shall not ask any division graduates of the Naval School, instead of making the appointments upon it. from civil life. The complaint of the Navy is that we have too many The amendment was agreed to. officers, and the Senator from Ohio ·recently called attention to the The bill was reported to the Senate as amended, and the amend- fact that both at the Naval and Military Schools we are making too ments made as in Committee of the Whole were concurred in. many graduates to become officers. We propose to take some of them The amendments were ordered to be engrossed and the bill to be and put them in the Marine Corps instead of creating the officers out read a third time. of civilians. That i1:1 recommended by the Secretary of the Navy in The bill was read the third time, and passed. his annual report, and I have no doubt will work well. AMENDMENT OF ENFORCEMENT ACTS. Mr. CRAGIN. I suggest to the Senator whether it would not be better to change the word "hereafter" t.o "thereafter." It means, Mr. EDMUNDS. Mr. President, before I make the motion to an · of course, after the number of officers is reduced to seventy-five. journ, which I am about to do, I wish to say that to-morrow morning, Mr. SARGENT. I think it would be better. if I am correctly advised, I shall move to take up the bill I have tried The PRESIDENT pro tempo1'e. The change of "hereafter" to to call up once or twice abont the enforcement act; and, so giving "thereafter" will be made, if there be no objection. notice, I move that the Senate adjourn. Mr. EDMUNDs. · Then you wanttostrike out the period andmake The motion was agreed to; and (at five o'clock and forty-five min- it a semi-colon before "and." utes p. m.) the Senate adjourned. Mr. SARGENT. Very well. Mr. EATON. I had supposed that the peculiar qualifications nec- essary for officers of the Marine Corps were different from those nec- essary for officers of the Navy. I had not supposed that a person who had gone through a series of years' instruction in acquiring a HOUSE OF REPRESENTATIVES. kn.ow ledge to become a naval officer would be a desimble or proper person to be made a marine officer. The qualifications of the two arms THURSDAY, June 22, 1876. of the service I think are entirely different. One is more military The House met at twelve o'clock m. Prayer by the Chaplain, Rev. than naval. I supposed it would require a different line of studied I. L. TOWNSEND. t-o qualify a man to be an officer of marines than had been pursued The Journal of yesterday was read and approved. by a youth who bas spent two, three, or four years in the acquisition of naval information. WILLIAl\1 M'INDOE. , .1\ir. SARGEN'r. The learning which would be acquired at either Mr. COCHRANE, by unauimous consent, from the Committee of the Naval or Military school would be very valuable to officers of the Claims, l'eporteu hack, with the recommendation that it do pass, the 4026 CONGRESSIONAL RECORD-HOUSE. JUNE 22, bill (H. R. No. 422) for the relief of William Mcindoe, postma-ster at Mr. WILLIAMS, of Indiana. In order to show what the duties of Lonaconing, Alleghany County, MarylMld, which was referred to the Doorkeeper are, and what the dutief:l of the Committee of Acconnts the Committee of the Whole on the Pnvate Calendar, and the accom- are, I ask the Clerk w read the twenty-seventh rule. panying report ordered to be printed. The Chief Clerk read as follows: 27. The Doorkeeper shall execute strictly the one hundred anrl thirty-fourth and JOHN I. THOMAS. one hundred and thirty-tifth rules, relative to the privilege of the llnll.-Jfarch Mr. COCHRANE also, by unanimous consent, from the same com- 1, 1838. And he shall be required at the commencement ana close of each session mittee, reported back, with the recommendation that it do pa-ss, the of Congre.~s to take an inventory of all the furniture, books, and other public prop- erty in the several committee and other rooms under his charge, and shall report bill (H. R. No. 4~0) for the relief of John I. Thomas, postmaster of the same to the Ilouse; which report shall be referred to the Uorumittoo of Accounts, Hancock, in Washington County, Maryland, which was referred to who shall determine the amount for which he shall be held lin.tle for missing arti- the Committee of t-he Whole on the Private Calendar, and the ac- cles.-M17rch 2, 1865. It i!! the duty of the Doorkeeper ten minutes before the bonr companying report ordered to be pri.nt,ed. for the meeting of the House each day, to see that the floor is clearoll of all per- sons except those privileged to remain during the session of the House.-March C. H. WALKER. :u.le69. · Mr. COCHRANE also, by unanimous consent, from the same com- Mr. WILLIAMS, of Indiana. Now, Mr. Speaker, there was no re- mittee, reported back, with the recommendation that it do pnss, port made by the Doorkeeper who preceded Mr. Fitzhugh that was the bill (H. R.No. 421) for the relief of C. H. Walker, postmaster at ever laid before the Committee of Accounts, as hould have been Frostburgh, in Allegb::m y County, Maryland; which was referred to done. I ,Presume that Mr. Fitzhugh took an invoice of the property the Committee of the Whole on the Private Calendar, and the ac- of the House, but it was never reported to t.he Committee of Accounts. companying report ordered to be printed. When Mr. Fitzhugh went out there wa no report, and there has bf'eo no report from the present occupant of the office showingwhat he hatl INDUSTRIAL SCHOOL FOR GIRLS IN THE DISTRICT. on hand. Now, if the Doorkeeper will comply with the law and the Mr. WALSH, by unanimous consent, from the Committee on Pub- rule of the House there is no fear that the Committee of Accounts lic Buildin~s and Grounds, reported as a substitute for House bill will not do their duty. I cannot tell whether there is anything wrong No. 718, !l. bill (H. R. No. 3765) providing for the erection of an in- or not, but if. the officer of the House will do his duty yon may then dustrial school for girls in the District of Columbia; which was read place no censure on the Committee of Accounts for a. bilnre to per- a first and second time, referred to the Committee on Public Build- form, and until this officer does his duty the Committee of Accounts ings and Grounds, and ordered to be printed. must be exonerated from all blame. Mr. RANDALL. I hope the Committee of Accounts will make 1\U.RCUS RADICH. diligent inquiry on this subject; that is all I have to say. 1Ir. WILLIAMS, of Wisconsin, by unanimous consent, from the Com- Mr. FOSTER. What steps have the Committee of Accounts taken mittee on Foreign Affairs, introduced a joint resolution (H. R. No. 130) to obtain information in 1·egard to this matter f referring the claim of Ma.rcJJs Radich to the Court of Claims; which Mr. HOLMAN. I hope the Committee of Accounts will take im- was read a first and second time. mediate steps to inquire into the allegations contain6d in that arti- Mr. WILSON, of Iowa. That resolution must go to the Committee cle. I offer the following resolution: of the Whole. Resolved, That the Committee of Accounts be, am1 are hereby, instructed to make The joint resolution was referred t-o the Committee of the Whole a full inquiry into the accounts of the present and previous Doorkeepers of this on the Private Calendar, and ordered to be printed. HonS'6 touching the public property heretofore in their charge. GOVERNMENT BUILDING IN DOVER, DELAWARE. Mr. HENDEE. Give them power to send for persons and papers. Mr. RANDALL. They have every power necessary. Mr. WELLS,·of Missouri, from the Committee on Public Buildings Mr. FORT. As there is some reflection upon tho Committee of and Grounds, reported baok, with a favorable recommendation, the Accounts, I suggest that this matter be referred to the Committee on bill (S. No. 558) making a further appropriation for the erection of Printincr. Government buildings in Dover, Delaware. Mr. HOLMAN. We have entire confidence in your committee, all The bill was read. It appropriates the sum of 15,000, in addition of us. to the appropriation heretofore ma.de for the erection of a post-office Mr. FORT. I hope it will not be made my_duty to enter into any in Dover, Delaware, for the pnrpose of adding an additional story to of these investigations. I think the Committee on Printing would said post-office building now in course of erection, to be used as a be a better committee to investigate this matter. United States court-room and other offices of the Government. · Mr. WILLIAMS, of Indiana. In answer to the qnestion asked by 'Mr. WELLS, .of Missouri I will st.ate that in 1873 Congress pas ed the gentleman from Ohio (1\Ir. FOSTER] as to what steps have been a bill appropriating $40,000 for the purpose of buying a site and erect- taken by the Committee of Accounts in regard to this matter-- ing a building for a post-office at Dover, Delaware; but the site cost Mr. FOSTER. To ascertain whether there baa been any dereliction at the time of the purchase 10,030, leaving less than $30,000 for the of duty on the part of the Doorkeeper. erection of the building. The Federal courts sit in that city and Mr. WILLIAMS, of Indiana.. The rule which I have had read have t{) use this buildiug, and this bill is merely designed for the pur- shows what is the duty of the Doorkeeper and the duty of the Com- pose of putting up a second story to accommodate the United States mittee of Accounts. courts. Mr. FOSTER. Is that all f The bill was ordered to a third reading; and it was accordingly Mr. RANDALL. I move the previous question on the resolution read the third time, and passed. offered by the gentleman from Indiana. Mr. WELLS, of Missouri, moved to reconsider the vote by which The previous question was seconded and the main question ordered; the bill was passed ; and also moved that the motion to reconsider and under the operation thereof the resolution of Mr. HOLMAN was be laid on the table. agreed to. The latter motion was agreed to. ORDER OF BUSINESS. PERSONAL EXPLANATION. Mr. RANDALL. I move that the House resolve itself into Com- Mr. WILLIAMS, of Indiana. I rise to a personal explanation, a mittee of the ·whole on the state of the Union upon the sundry civil question of personal pri vile~e. I send to the Clerk's desk an article appropriation bill. HOLMAN. Pending that motion, I move that all debate upon from some newspaper which waa sent to me yesterday reflecting theMr. pending paragraph close in five minutes. upon myself and. upon the Committee of Accounts, and I ask that the Clerk read it. Mr. RANDALL. 0, no; make it twenty minutes. The Clerk read as follows: Mr. FORT. Will the gentleman allow me to submit a report from the Committee of Accounts! Is Fitzhugh crazy or is he too honest for the democrats in the House 1 Some Mr. RANDALL. I cannot yield now. time ago he refused to turn over certain books relating to the document-room until an invoice of the contents of that department had been taken. He urged several Mr. HOLMAN. This subject is well understood, and I hope that of the democratic members to investigate the matter. He called their attention to ten minutes will be deemed sufficient time to debate it. the fact that many thousand volumes of valuable public documents are missing Mr. RANDALL. I move to amend by making the time twenty from that department. The missing documents consist of such works as The Medical History of the Wl\r, which is valued at $50 a set in open market. He be- minutes. sought them to look into the matter, and bring the guilty parties to Justice. Wbo Mr. HOLMAN. If this bill is to be passed to-day, very little time are the guilty parties 1 There is a man namoo Fletcher in the foldrng-room who, must be consumed in debate. perhaps, can answer this question. He was Mr. SAlllUEL RA.'\DALL's man to suc- Mr. RANDALL. My object in making the motion to amend is this: ceed Fitzhugh, but the mnJority of the democrat-s acquainted with his character refused to support him, ann he was defeated. The charge has been made that he Three gentlemen have already spoken to me to be allowed time to de- bas spirited these books away. Tsthis therea,son that Blue Jean WILLIAMs refuses bate this paragraph, which will be fifteen minutes, and I would like to tako an invoice of this room i Docs be want te shield this man ! Will he and at least the opportunity of making a. reply. the rest of the ex-confederate House of Re'{)resent.'l.tives stand indifferent.I:v by Mr. REAGAN. If the House could have heard the remarks made while the document-room of the national Capitol is being ruthlessly robbed of its best treasures 1 Something should be done immediately to ferret out the rascality by the gentleman from Indiana [Mr. HoLMAN,] I would have been of this clandestine transaction, and bring the miserable culprit to the bar of rigid content; but it is evident those remark.'i were not generally heard. justice. It was intimated to Mr. WILLIAMS and others of his par-tv weeks ago tllat Mr. CHITTENDEN. This is a very important measure, and I hope ~~r~ ~~~j~~~ff ~:r:~~-g O,:h~!h~~U:~!.~{!· !:ed loe!{!c;[..~~f~r~~ the time for debate will not be limited. reform!" while they see thieves of their own making with both hands plundering The SPEAKER pro turnpore. The question will be first taken on the property of the people and lift not the first finger in opposition to the crime. the longest time. 1~76. CONGRESSIONAL REOOR.D-HOUSE. 4027 Mr. HOLMAN. I will withdraw my motion for ten minutes, and to be levied upon the property within said District such taxes as will provide rev- allow the question to be taken on the proposition for twenty min· enues necessary to pay the interest on said bonds. as the same may become due anJ. paY,able, and create a sinking fund for the payment of the principal thereof at ma. utes. turlty. !he motion to limit debate on the pending paragraph to twenty mmutes was agreed to. Now, if the Congress of the United States has failed to as ess upon The motion of Mr. RANDALL to go into Committee of the Whole the District the necessary taxes and to provide the proportional ap- was then agreed to. propriations contemplated in the act, then it is right th::tt we here SUNDRY CIVIL APPROPRIATION BILL. should make a temporary provision, and that is exactly what ha-s been done by the amendment offered by the chairman of the Committee on The Honse accordingly resolved itself into Committee of the Whole, Appropriations. As the bill stands, without that amendment, it is (Mr. BLACKBURN in the cbair,) and resumed the consideration of the quite certain that the interest on these bonds would not be paid, and bill (H. R. No. 3749) making appropriations for sundry civil expenses the plighted faith of the United States would be violated. of the Government for the fiscal year ending June 30, 1877, nnd for Therefore let ns agree to the amendment of the Committee on Ap- other purposes. priations ; let us pay the interest and then adopt the necessary legis- The pending paragraph of the bill was the following: lation to have it refunded by taxes upon the District of Columbia. That the Secretary of the Treasury shall reserve of the revenues of the District But for one I will not consent, and I hope this House will never con- of Columbia a sum sufficient to meet tho interest accruing on the 3.65 bonds of the sent, that the Government shall ta.ke upon its shoulders the payment of District during the fiscal year beginning July 1, 1876, and apply the same to that the principal and the interest of these bonds except in the way required ~urpose. by the bond itself. Let us keep the bond ; let us maintain good The pending amendment, offered by Mr. RANDALL, was to add to faith with the holders of the bonds. Let t.he interest always be paid the paragraph the following: either out of the assessments upon the District, or, if those assessments .And in case there shall not be a sufficient sum of saicl revenues in the Treasury are not made in time, then by a provision such as the chairman of of the United States at such time as said interest may be due, then the Secretary the Committee on Ap-propriations now proposes. of the Treasury is authorized and directed to advance from any moDf"Yin the Treas- These are not the bonds of the United States; they are the bonds ury 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 1\S said of the District; but for their interest and for the uUimate payment :~~X!ci.may be paid into said Treasury, until the whole amo1lllt shall have been of the principal the faith of the United States is pledged in a specific way. That pledge we have not fulfilled. Therefore let us take the Mr. CHITTENDEN. I have never supposed that under any possi- money temporarily from the Treasury and fulfill the pledge as soon ble conjunct-ion of circumstances I should venture to teach the vet- ae we can. eran member from Indiana [Mr. HOU.fAN] anything. But I under- Mr. REAGAN. Mr. Chairman, the prodigality and recklessness stood him to say distinctly that the Government of the United States, with which an enormous debt has been created by this District have the people of the United States are not bound for the 3.65 bonds of attracted the attention of this whole country. The District has been the District of Columbia. I want to read him.from the bond. authorized to create a debt; but is this Congress to assume the pay- Mr. HOLMAN. The bond is not the law. ment of that debt and its interest f If so, by what authority shall Mr. CHITTENDEN. The bond copies the Jaw. I re..'td from the we make the assumption, and impose a portion of this debt of the face of the bond, [holding up a 3.65 bond of the District of Colum- plundered city of Washington upon the plundered city of New Or- bia:] leans, or any other city of this Union which has a large debt! It is The District of Columbia. funding bond· guarant-eed by the United St.'\tes of said this must be done because it is so "nominated in the bond." I do- America; the faith of the United States pledged for the interest and principa.l. sire to call attention in the first place to the nature of that bond, the import of which, it seel!ls to me, baa not been correctly stated to this And on the back of the bond is copied from the law, of which I committee. What is it that the faith of the Government is pledged will read only a brief extract : • to dof The law itself 'illswers that question: .And the faith of the United St&tes js hereby pledged that the United States will by proper proportional appropriation, as contemplated in this act, a.n d by causing And t.h e faith of the United States is hereby pledged that the United States will t{) be levied upon the property within said District such taxes aa will provide the by proper proportional appropriations, as contemplated in this act, and by causino- r evenues necessary to pay the interest on said bonds, 38 the same m..'Ly become due to be levied upon the property of said District such taxes 38 will provide the rev': nnd payable, and create a sinking fund for the payment of the principal thereof at enues nooessary to pay the interest on said bonds, as the same may become due and maturity. payable, and create a sinking f1llld for the payment of the principal at maturity. Now I do not unde~stand why that bond is treated by Congress and Nf)w, the obligation of the Government (a.nd that is all to which its by the Committee on Appropriations as a bastard. 'It is either the faith is pledged) is that it will make appropria.tions for its propor- bond of the United States or it is not. Ai. said here when the in- tional part of this debt, as provided by law ; that it will levy taxes to terest was to be paid in February last, while the money to pay it, be it enable the District to pay its proportion of this debt. What is the remembered, was then in the Treasury, and the payment of the inter- amendment T In the first place let us look at the provision reported est was delayed only because the House refused to take the necessary by the committ-ee : · steps to use the money-! said then, let us acknowledge the bond or That the Seorets.ry of the Treasury shall reserve of the revenues of the District let us repudiate it-; and I say that now. . of Columbia a sum sufficient to meet the interest accruing on the 3.65 bonds of the District during th6 fiscal year begiDning July 1, 1876, and apply the same to that · I move to amend the amendment of the gentleman from Pennsyl- purpose. vania [Mr. RANDALL] by adding to it that which I send to the Clerk's desk. That is th~ provision reported by the committee, which seems t.o be The Clerk read a.s follows: sufficient to meet the requirements of the case. But it is proposed .And the Seoretarv of the TreaRury is herebl authorized and directed to pay the to amend that by appropriating out of the Federal Treasury the interest on the 3.65 'bonds of the District of Columbia when and as the aarme sh.'\ll money to pay this interest. [Here the hammer fell.] I would' have hereafter mature, at the 'l'reasury of the United States and at the office of tho as- liked to make one further remark. sistant trea..'lurer in New York. The CHAIRMAN. Is there objection to allowing the gentleman from Mr. CHITTENDEN.· A single word more. An eminent London Texaa to proceed T banking-bouse, having iMBued a large number of railroad bonds several Mr. HOLMAN. If so, it mnst come ont of the twenty minutes al- years ago with their recommendation, gave notice last spring that lowed for this debate. the coupons of those bonds due in !larch and September of this yoar Mr. HARTRIDGE. Then I object. would be paid. The fair and reasonable inference wa.s that after that The CHAIRMAN. The Chair recognizes the gentleman from time they might not be paid. Now the Congress of the United States Georgia, [Mr. HARTRIDGE.] , Las acted precisely in that way in respect to these 3.65 bonds, except Mr. HARTRIDGE. Mr. Chairman, in the view which I take of ~hat they delayed a-Ction for five or six weeks in rt}gard to paying the this case it makes no difference whether, aa the gentleman from mterest due on the 1st day of February last, to the great prejudice of TeX:tB [Mr. REAGAN] says, this District has been injured and robbed the bondR. • by tho issue of these bonds or not. The Government of the United I do not own one of theso bonds, and I have no relative who owns one States put it in the power of the parties who issued these bonds to of them, so far as I know. I borrowed this one, [referring to the one in make that issn~. Now, according to a well-established principle of his hand,] and I am sorry to say that on loaning it to an eminent law. law and of equity, if one of two innocent parties is to suffer by rea- yer an~ mem?er_yest~rday fo~ a minute or tw~, he r~turned it to mo son of the fraudulent acts of a third party, t.hat innocent party Immodtately, mt1rnating that 1t had already rumed his reputation. I mnst suffer who ha-s put it in the power of t.he third party to commit say that the holders of these bonds are entitled to know whether the tho injury. The United States Government, then, is bound to the ex- Government of the Unit.ed States, in any sense or measure, repudin.tes tent of its pledge-the pledge contained in the law which has been its responsibility for them. read-to provide not only for the payment of. the interest upon the~;e Mr. HEWITT, of New York. It seems to me that the real duty of bonds, but for a. sinking fund which shall eventually pay the prin- Congress is to comply with tho law. The gentleman from Indi'ana cipal of these bonds. [Mr. HOLMAN] has stated that these bonds are not the oblig3 tions of Mark the language of the law. It does not say that the Govern- the United States, and he has stated the law correctly. They are not ment gives its pledge to raise revenues alone by taxes upon the prop- the obligation of the peoplo of the United States; but the faith of erty of the District to pay this interest; it says that it shall by pro- the people of the United States is pledged for certain legislation. pol'tionalappropriations and by taxation make such provision. The That pledge is as follows: two go together; both are contemplated; the act contemplates the .And the faith of the United St.ates is hereby pledged that the United States will fact that the Government of the United States shall appropriate from by proper proportional appropriation, as contemplated in this act, and by causing the Tre~ury money to pay the interest upon these bonds. 4028 CONGRESSIONAL RECORD-HOUSE. JUNE 22, The amendment offered by the gentleman from Pennsylvania con- manent the payment of this interest, whereas the amendment of the templates what f That in the event there shall not be means in the gentleman from Pennsylvania [1\ir. RA.l'\'DALL] provides only for the local treasury of this District to pay this interest for the coming fiscal p bonds. of the exposure for sale of unwholesome food and tbe daily inspection of streets, Mr. BUCKNER. One word. alleys, yards, and all places where nuisances ma.v exist inj11rious to health, and for The CHAIRMAN. The time to which the debate has been limited the removal thereof, and of all nllisances, including night-soil, beyond the limits of the District of Columbia, and to prevent domestic animals from running at L'trge, has expired. and for the proOOeling: expenses incurred in tho perform an~ of their official duties, to be reullerod upon oath. Tho allowance to any deputy shall not exceed $51Jor day white actuallv Mr. FOSTER. · He asked to have the letter read a.nd it was read. employed, or exceeding $1,200 per year for services rendered by such deputy, and 4030 CONGRESSIONAL RECORD-HOUSE. JuNE 22 ' sa.irlsums may be reduced below the said rates by the Attorney-General whenever, Mr. CONGER. I know; but the reading of the bill was dispensed in his opinion. said reductions should be made: Provided, That all of the provis· with. ions of title 26 of the Revised Statutes of the United States in relation to the reg- istration of voters and the appointment of supervisors of elections, and deputy Mr. RANDALL. Just as in the case of other appropriation bills. and special deputy marshals, and touching the supervision of elections, are hereby Mr. CONGER. This bill has never been read in full. repealed. Mr. RANDALL. It has been read the same as other appropriation Mr. CANDLER. I offer the following amendment. I move in line bills have been read. 308 to strike out the following words: The CHAIRMAN. Upou information furnished by the Clerk and .And for defraying the expenses which may be incurred in the enforcement of upon an examination of the Journal, it appears that no points of or- the act of February 28, 1871, relative to the right of citizens to vote, or any acta der were reserved upon thi8 bill. Under the peremptory rule .of the amendatory thereof or supplementary thereto. House and in accordance with the unbroken practice of the House, I move also to amend that clause in line 308 by inserting between the Chair is bound to overrule the point of order made by the gentle- the word " States" and "for" the word "and." man from Michigan, [Mr. CoNGER,] by reason of the omission tore- These words should be stricken out from thi8 proviso at the end of serve points of order upon this bill. the paragraph, because the words are meaningless if intended only Mr. CONGER. I do not object to the ruling of the Chair; I have to cover the expenses which may be legitimately incurred under the no doubt it is correct. But in view of the fact that members of this act of 1871. House interested in this proposition were absent by order of the House, Mr. CONGER. I wish t.o make a point of order upon the proviso as I was-- at the end of this paragraph ; and I do not think that deba~ should lt.lr. HOLMAN. I call for the regular order. go on until the point of order is decided. Mr. CONGER. I ask unanimoUB consent that the point of order Mr. RANDALL. It is too late. may be entertained and ruled upon. Mr. CONGER. No, it is not too late. I make the point of order on Mr. SPRINGER. I object. • the proviso that it is new legislation. Mr. KASSON. I rise to a parliamentary inquiry. In view of the Mr. RANDALL. It is too late; points of order were not reserved present ruling of the Chair it is important that the Clerk should know, upon this bill. and all of us would like to know, whether the clause in relation to Mr. CONGER. I make the point of qrder upon the proviso, aud I Mr. Green, contestee, is in the bill. wish to make it before the discussion proceeds.. It is not too late to The CHAIRMAN. The paragraph referred to by the gentleman is make it; and this is new legislation. out of the bill by a ruling of the Chair. Mr. RANDALL. I make the point of order that it is too late to Mr. KASSON. The Chair sustained the point of order made against raise any question about this now. . the paragraph. The CHAIRMAN. The Chair is ready to rnle on the point of order The CHAIRMAN. The point of order was made upon that clause made by the gentleman from Michigan, and may as well do it now, of the bill by the gentleman from Massachusetts, [Mr. HoAR,] which so as to cover all cases of the same kind which may arise hereafter. point of order was sustained by the Chair and the clause was excluded The point of order made by the gentleman from Michigan is too late, from the bill. because this bill was committed to the Committee by the House, no Mr. KASSON. But the gentlema-n froni Massachusetts withdrew points of order being reserved upon it;. and therefore under the rules the point of order. the Chair cannot sUBtain the point of order made by the gentleman The CHAIRMAN. The gentleman from MassachUBetts asked leave from .Michigan .. to withdraw it, but the gentleman from Pennsylvania [:Mr. RANDALL] Mr. CONGER. According t.o that ruling no point of order can be objected t.o the withdrawal, and the point of order was not withdrawn. made upon the bill. . . Mr. KASSON. But now that through an examination of the REc- The CHAIRMAN. The rule expressly states that unless points of ORD it is ascertained that the point of order was not well taken, the order are reserved before the bill is committed to the Committee of paragraph should be restored to the bill. the Whole on the state of the Union they cannot be made in committee. .Mr. HOLMAN. I object to going back. Mr. CONGER. I was not in the House. I was absent on other duty }.lr. SPRINGER. The decision of the Chair was not correct, the by order of the House when this bill wa.s reported; but if points of point of order not having been reserved npon the bill; and it appears order were not reserved on the bill, I am free to say that gentlemen to me that the Chair had no more right to strike out that paragraph were negligent of their duty. than any other member of the House. Mr. RANDALL. It may be that the points of order should have The CHAIRMAN. That paragraph is not in the bill. It was stricken been reserved, but they were not. out under a ruling of the Chair made at the time, which ruling the Mr. CONGER. I do -not know whether points of order were re- Chair has since modified upon another paragraph in accordance with served or not on the bill. the preceuents of the House. Mr. RANDALL. My recollection is that they were not. · Mr. HURLBUT. I think the Chair is mistaken in his recollection · The CHAIRMAN. The Cha.ir has no recollection of points of order of that case. I believe the point of order was withdrawn. being reserved on this bill. Tha CHAIRMAN. The gentleman from Illinois [Mr. HuRLBUT] i~:~ Mr. CONGER. I think, then, it is the first appropriation bill ever mistaken. The gentleman from Massachusetts [Mr. HoAR] asked introuuced into this House upon which points of order were not re- loavo to withdraw it, and the gentleman from Pennsylvania [Mr. served. RANDALL] objecteU. to the witbdrawa.~. The gentleman from Georgia. Mr. RANDALL. It is an exception. [Mr. CANDLER] is entitled to the floor. The CHAIRM:A.N. The Clerk informs the Chair tha,t no points of Mr. CANDLER. There are no expenses under the act of 1871 which order were reserved on this bill, and such is the recollection of the are legitimate if the proviso of this paragraph remains in the bill; Chair. for the provisions in the Revised Statutes under the title referred to, Mr. RANDALL. That is in accordance with my own recollection. in relation to the registration of voters, the appointment of super- Mr. FOSTER. I recollect when the bill was introduced; it was visors, and tho appointment of deputy marshals, cover all the expenses brought in in a great hurry, and I think the gentlemen on this side authorized by the act of 1871. of the House overlooked the necessity of reserving points of order; Thero is nothing ip the act of 1871 except provisions for the ap- but I do not think the chairman of the Committee on Appropriations pointment of supervisors, for the appointment of the chief supervisor, ought to take advantage of that neglect. for the appointment of deputy marshals, and the prescribing of the lt.lr. CONGER. I submit to gentlemen that it would be better for duties of those several officers, and then a section which provides for them to allow this point of order to be raised and ruleu upon. By the payment of the expenses thereby incurred. Therefore, to leave the yielding of this House to the reporting of this bill and its refer- in the bill the words that I propose to strike out of this paragraph is ence to the Committee of the Whole without points of order being but an excuse for lawlessness and an invitation t.o plunder. reserved upon it and its consideration without having been read, it There is nothing in the act of 1871 which is neces3ary to secure to is in this position either by carelessness or inadverteuce or by some any voter the right to vote. That act was passed for a purpose, that trick, one or the other. No man presumeR that this bill could have purpose being. not to secure the right to vote to anybody, but to pre- been introduced and referred or read through without points of order vent men from voting. The act of 1el71is amendatory of an act which being reserved on several of these paragraphs. does provide security to the citizen in his right to vote; but it re-en- Mr. RANDALL. The bill was reported just as any other appropria- acts, with some change only, a single section of the act of 1870. It tion bill is reported•. I have discovered upon an examination of the contains a number of sections providing a system by which voters are Journal this morning that no points of order were reserved upon it, to be intimida,ted, by which fraudulent re,~istration is to be etl'ected, and I mean to take advantage of that. · by which men are to be driven from the pollS, and others who attempt Mr. CONGER. Yoa do mean to take advantage of that f wrongfully to vote are permitted to vote whether they vote accord- :Mr. RANDALL. So fat as concerns what was report.ed by the Com- ing to law or not. mittee on Appropriat,ions. [Here the hammer fell.] Mr. CONGER. Does the gentleman mean to t-ake advantage of The CHAIRMAN. The time of the gentleman has expired. what passed by his urgency in bringing forward this bill f Mr. HURLBUT. The question which is ra.ised by the gentleman Mr. RANDALL. No assent was given, for I had the right to report from Georgia [Mr. CANDLER] is to be considered in connection with the bill at any time. · this proviso at the end of the section : M.r. CONGER. But there must hav~ been unanimous consent that Provided, Tbat all of the proVisions of title 26 of the Revised Statutes of the the ren.cling of the \!ill be .eping re- I have ~ked the chairman of the Committee on Appropriations- versal of the whole policy and conduct of the Government as is at- if he is as honest as he pretends to be and this amendment is as harm- tempted in this measure; and it comes in such a form that under the less as he says it is-I have asked him to let it go through the usual rules, as expounded by the Chair, we are precluded from any free and form of being ruled upon by the Chair as to the propriety of coming full discussion upon it. in this bill, and he has refused. The provisiods of law proposed to be repealed are~ in the opinion [Here the hammer fell.] of the great majority of the people of this country, the only safe- Mr. COCHRANE. Mr. Chairman, I should not have risen in my guards for fair elections, not only at the South but in the great cities place at this time but for the remarks of the gentleman from Michi- of the North. Every man who knows anything of the history of the gan [Mr. CONGER] who is upon the Committee on Expenditures in country knows that the only pretense at fair elections in the great the Department of Justice with myself. In that committee we have city of New York has been under this system of registration and su- taken considerable testimony in 1·eference to the purity of elections pervision. And this attempted reversal of t·he whole policy of the talked of by the gentleman from Miqhigan, and in reference to the Government since 1871, to say the least, js brought here in a form beneficial results which are said to flow from the appointment of which does not admit of any fair consiueration. It is not brought these deputy marshals, supervisors, and chief sn~ervisors; and it. here, as it ought to have been, manfully and above-board, in a bill seems to me it does not come at this time with proper grace from plainly showing its purpose, a bill referred to one of the legal com- that gentleman; in view of the sworn testimony which has been taken mittees of this Honse and determined upon by them with full oppor- before that committee, to say the section of the law proposed to be re- tunity for debate and for the free expression of opinion. But in the pealed meets with the approbation of all honest men to whatever last hours of this session and by a bill pretending to be one of "re- political party they may belong. I wish to say, sir, that instead of trenchment, economy, and reform:'-the only watch-cries of the other meeting with the commendation of all honest people in the city of side, with no reality in them-these great safeguards approved by the New York and elsewhere, that provision of law has been used by those American people, by which the Government of the United States is able men for the purpose of intimidating vot~rs at the polls and keeping to exercise some supervision for the repression of fraud and violence them away from the exercise of the elective franchise. The commjt- in elections directly affecting the seats of members on this floor and tee of which I speak, sir, I trust, will soon have an opportunity of re- the tenm;e of office of the President and Vice-President, are to be ab- porting to this Honse the testimony which they have taken in regard rogated. I hope the pencting amendment will not be agreed to and to the manner in which these supervisors have conducted themselves. that an amendmentwbichipropose to offer shortly, to strike out the The chairman of the Committee on Appropriations has very prop- proviso at the end of this paragraph, will be adopted. . erly stated here that it is not the intent by the introduction of this Mr. RANDALL. Both the gentleman from Georgia [Mr. CANDLER] provision to the appropriation bill to repeal the whole of title 26 of and the gentleman from Illinois [Mr. HURLBUT] give an undue im- the Revised Statutes, but simply to repeal it so far as it relates to the portance to this paragraph. It has been inserted simply because we registration of voters and the appointment of supervisors of election desire to save $160,000 which has heretofore been expended for" reg- and deputy and special deputy marshals. istration of voters and the appointment of supervisors of elections Mr. RANDALL. That is to repeal the expensive and useless fea- and deputy and special deputy marshalsJ and touching the supervision tures. · of electjons." Mr. COCHRANE. Yes; the expensive feature of the law from I disagree entirely with the gentleman from Georgia in reference which no benefits are derived. to the propriety of adopting his amendment. There are other feat- Why, Mr. Chairman, the manner in which this thing bas been con- ures of the law referrell to in the proviso-tit.le 26 of the Revised ducted is substantially this: A lot of depllty marshals are appointed, Statutes-which will still continue in force and will require money a lot of election supervisors are appointed, they are paid large sums for their execution. But we deemed 160,000, the probable amomit of money for their services, and carriages are furnished to them. heretofore expended in the appointment of supervisors mainly in the A MEMBER. At what price f northern cities, an unnecessary expenditure ; and this proviso was Mr. COCHRANE. They are paid $5 a day, as the chairman of the proposed simply in the direction of economy. It should not receive, Committee on Appropriations has correctly stat-ed. They are paid by I think, any political significance whatever. the Government. In addition to that carriages are furnished to them, Generally, and I believe in every case where these supervisors have and some of these deputy marshals themselves under oath ridiculed been appointed, the State laws are adequate, as we think, to protect the idea of a carriage being necessary for the purpose of properly con- voters and secure the proper polling and counti n~ of the -votes. I can ducting the business. Enormous bills are presented, extraordinary see notb~ng in this proviso which interferes w1th quiet and honest accounts a.gainst the Government of the United States. Enormous elections throughout the United· States, especially in the South. sums of money outside of the provisions of law are demanded. Mr. CONGER. Mr. Chairman, I do not know that any legislation Now for my part, Mr. Chairman, I see nothing "underhanded'' or proposed in this House has struck me with so much surprise as the "sneaking" in a committee of this House endeavoring to save the insertion of this proviso in this bill. The people of this country have money of the people of this country. This House has determined in been gratified for the last few years to know that there was a law eYery possible way to prevent lavish expenditure of the public money. which attempted to preserve the purity of eleetions; that it was They propose to have pure elections. They will do no act, and I am being enforced, and that its tendency was good, and only good from sure I can speak for myself when I say I will consent to no act, which year to year. will in any way interfere with the purity of elections throughout this And now on the eve of an exciting election, involving all public country; but I stand here to declare myself in favor of a reduction of offices from President down, we find in this bill-a bill printed useless expenditures which have been going on in this country. hastily, reported but a day or two since, laid upon the desks of mem- [Here the hammer fell.] bers when the first reading was commenced, without an opportunity Mr. JOYCE rose. for examination in any respect whatever-a provision by which this Mr. RANDALL. I ask that debate be closed. committee publish to the people of the United Sta.tes that they are Mr. CONGER. I do not wonder the gentleman asks that debate willing at the very commencement of the political strife of this year be closed. to take away all the safeguards of a pnre election. Mr. RANDALL. I am used to that. Sir, I challenge the examination of the American people for the Mr. JOYCE. I have the floor. kind of legislation proposed by the majority of this House. I chal- Now, a word in regard to this matter. This proviso which the Com- lenge the democrats of this House to repeal in this underhanded way mittee on Appropriations have incorporated into this bill proposes, as the safeguards which the people have demanded should be thrown has been said here in this debate, to strike down and strike out from our around the ballot-box. I call upon the democracy of this Honse, atatutes and from our law every national safeguard which has been who pretend to be in favor of purity of elections, to pause ere by one cast by Congress around onr elections. There may have been abuses stroke, in a proviso of this sort, they throw aside the safeoouards under this law; it may be necessary even that amendments should be which have been sanctioned by all parties and by all honest ~en in made to it; but is that any reason why this whole legislation sbo~d the United States for the last five or six years. be stricken out f . The anomaly is here presented of a committee stretching its power What is the history o~ tbis matter in this country f What is the beyond all limits heretofore known, and undertaking to sweep from history of this matter in the great city of New York f Do yon not the statute-books whole volumes of legislation by one simple proviso. know, Mr. Chairman, and is it not known to every member of the I tell gentlemen they must beware how they tamper with the proba- House, that such a state of things existed only a few years ago in the ble purity of elections this year. Returning to my pla.ce from ·the city of New York as mantled the cheek of every citizen of t.llis·coon- performance of a duty assigned to me by this House, and having now tt·v wit.h shame t Elections in that city became a perfect farce. It the first opportunity to see this bi11, I find in it this proviso sweeping wM carried to such a degree of iniquity and corruption that tho peo- away the whole system of rcgistra.tion, supervision, and purity of ·ple rose in their majesty ami. m.ight. What was the result T I appeal · I 4032 CONGRESSIONAL RECORD-HOUSE. JuNE 22, to gentlemen from New York who know in regard to it; I appeal to Mr. KASSON. No, no. gentlemen who have attended m New York in the taking of testi- 1\fr. DURHAM. Why is it that your whole registration law has mony as committee-men, to know whether I am not correct! What been concentrated on the city of New York f I am sorry to be com- was the result' The result was, as I have stated, that the people pelled to make this statement that you have concentrated the whole rose in their majesty and in their might and took this matter into of the force of this registration law and the illegal appropriation of their own hands. What did they do f They got together and ap- moneys on the city of New York and otherdemocraticcitiesthrongh- pointed a committee, the memorable committee of seventy, and that out the United States. Why is that the casef committee sent its members here to procure lf'gislation in order that Mr. JOYCE. Because New Yorl.. is the most corrupt city. they should be protected in their rights. Men were smitten down at Mr. KASSON. Because there are the most frauds there. noon-day in attempting to go to the polls. No respectable, no decent man could ~o the polls and vote in the city of New York without Mr. DURHAM. Why is it you have not sent your registrars the to city of Philadelphia, where there is twice as much corruption and being intimtdated, without being in danger of life or limb. There- fraud as ever were perpetrated in the city of New York! I undertake sult was this very legislation we are now talking about, and which to say that so far as this proviso is concerned, without committing the party in power in this Hoose are now attempting to strike from myself to tacking that species of legislation on appropriation bills, the statute-book; these very acts were passed by Congress for the of all the measures that have been proposed by the Committee on very purpose of protecting the rights of voters not only in that city, Appropriations, I most heartily approve of this. And if we cannot but throughout the South and in other cities of this great country. get it t.hrough in the usual way, I say let it be attache-d to this ap- And, sir, I want to say one word further. propriation bill ; because there is no more fruitful source of intim- [Here the hammer felL] ida.tion and fraud, as is proved by the investigation before the Com- Mr. KASSON rose. mittee on Expenditures in the Department of Justice, than this reg- The CHAIRMAN. Debate ou the amendment is exhausted. istration system. Mr. KASSON. I offer an amendment to the amendment. The pend- So far from protecting the elective franchise, you have Rent these ing amendment is to strike out. I move to insert in lieu thereof the emissaries into these States who have absolutely issued warrants for following: the purpose of intimidating men who were as legal and lawful voters And for defra.;r!ng the expenses of protecting the purity of the elective franchise as much so as the gentleman from Iowa or myself. Men hired by the aa provided in title 26 of the Revised Statutes of the United States. political leagues that exist in the great city of New York actually The first and evident reason for this amendment is that the com- issued five hundred warrants in one instance to keep them from vot- mittee refer in the text of the bill to an extinct act. All that remains ing. of that act is in the Revised Statutes, and my amendment is designed lli. JOYCE. They ought to have issued five thousand. to perfect the text of the bill as proposed by the committee. I am, lli. DURHA.M. Of these five hundred men against whom war- therefore, in this amendment with the Committee on Appropria- rants were issued only twenty-odd dared to approach the polls, be- tions. cause they were afraid of being arrested and tried by that commis- But, sir, I rose for an additional purpose, and that is to call the at- sioner. And so far as I have investigated the matter, I undertake to tention of gentlemen on both sides of· the House to the character of say that instead of protecting the elective franchise the law has been the issue which is to be made and is made by the propositions sub- the best protection of fraud and corruption ever conceived or per- mitted to the House. On the one band, the Revised Stat.utes ex- petrated upon an intelligent people. pressly provide for the purity of the elective franchise in its relation [Here the hammer fell.] to the national elections. The proposition of the committee is, imme- Mr. CANDLER obtained the floor. diately before the great national election which is to secnre a Presi- The CHAffiMAN. Debate is exhausted on the amendment of the dent o.f the United States for four years and a House of Representa- gentleman from Iowa. Does the gentleman from Iowa withdraw tives for two years, so to modify the law that these rules established his amendment ' to secure the right of exe1·cising the franchise to every authorized 1\fr. KASSON. I cannot withdraw my amendment; I wish the voter shall be demolished and swept from the s~'ttute-book. vote of the committee upon it. What is the conclusion to be drawn from such a proposition when 1\lr. CANDLER. If the gentleman withdraws his amendment I made immediately preceding an election' The committee tell us, will renew it. . and let us treat them fairly, that they made this proposition for the Mr. KASSON. I will withdraw it in order to enable the gentle- purpose of s~Lving 160,000. If it be just to attack and abolish the man from Georgia to be heard, on condition that he will renew it, guards of purity that surround our elections to save $160,000, why for I wish to keep it before the committee. not save 2,500,000 by a proposition to abolish your courts and your Mr. CANDLER. This discussion has been directed to the proviso trials iu the courts for the next year' If our franchise a-s freemen which bas been proposed by the Committee on Appropriations. The and electors is not worth $160,000 to protect it, abolish your courts question is upon striking out all the words in reference to the act of 1871. which convict t,h e criminals whom the present law is designed to ar- Objection is made to that, because it is said that this is striking down rest and brin~ before them. all the legislation from 1865 to the present time in reference to guard- Sir, I subm1 t that this cannot be the real object which this commit- ing the purity of elections. This is a mistake. The act of 1871 does t-ee bas ; the object of saving $160,000 in the proposed repeal of the not provide for the protection and guarding either of the registration law of elections. or the voting. It is an act in order to protect the citizen in his right For what does a member record himse1f in this Honse when he to vote, and there is no provision made here in this bill in reference casts a vote to repeal, or to refuse an appropriation to earry out, this to the act of 1871. law to protect the elective franchise f He say~ practically that he This is an effort to strike down expenditures for the employment wants no guards for the purity of election. And when he says that, of deputy marshals and supervisors of election. The act of 1871 in- what class of men is he relying upon, what class of votes is he seek- volves no expense except the expenses that pertain to the registra- ing to carry the next election' Not those who are registered hon- tion of voters and the employment of supervisors and deputy mar- estly. Not the men who make an honest oath to justify their ca-sting shals. If I understood the chairman of the Committee on Appropri- of a ballot when they are challenged. But it is that class of men ations he seems to think that there is some expense of this sort. who present themselves unlawfully, who are criminals in thE\ face of There is no effort, as has been stated by the gentleman from Iowa the franchise law, who demand a right to vote which does not belong and the gentleman from Illinois~ to strike down the safeguards to the to them, aud who rob honest men of their lawful election. purity and fairness of elections, but there is an effort to prevent men I put it squarely. I believe it is the issue, as we vote one way or who are not connected with the courts of the United States from the other, between an honest election antl a dishonest election. And, interfering with the registration and interfering with voting. The ns the gentleman from Vermont [Mr. JOYCE] has said, it is not a ques- proviso repeals only those provisions of the Revised Statutes which tion that concerns the South alone, or the North alone, the East alone., have relation to the appointment of supervisors and deputy marshals. or the West alone. It concerns you and me and our constituents in to be used in the management of registration and elections. all parts of the country that the men who govern us should be the [Here the hamme1 ..:ell.] men who are elected honestly by the people of the United States. Mr. RANDALL. I ask unanimous consent that debate now close [Here the hammer fell.] upon this paragraph. Mr. DURHAM. I rise to oppose the amendment. I apprehend that 1\fr. JOYCE. I object. most of the gentlemen who discuss this question misapprehend the Mr. RANDALL. I move, then, that the committee do now rise. real point at issue. Gentlemen are discussing this question on the The question was taken; and there were-ayes 97, noes 57. floor of the Honse as if this affected every single individual in the So the motion wa~:~ agreed to. United States. Now, the portion of this statute proposed to be re- The committee accordingly rose ; and 1\!r. SCALES having taken pealed by the Committee on Appropriations only affects citi'3s having the chair as Speaker p1·o tempore, Mr. BLACKBURN reported that the more than 20,000 inhabitants. Committee of t.he Whole on the state of the Union had, according t.o Mr. KASSON. That is where the fraud is. It is usually found in oicler, had onder consideration the bill (H. R. No. 3749) making ap- those cities. propriationR for sundry civil expenses of the Government for the fis- - .Mr. DURHAM. Ah! my dear sir, I will respond to that in a mo- cal year ending June 30,11:!77, and for other purposes, and had come ment. Why is it the gentleman speaks so eloquently about the large to no reso]ution thereon. cities! I will controvert the position assumed by the gentleman .Mr: RANDALL. I move that the Hou e 'resolve itself into Com- from Iowa, [Mr. KASSON,] and say there are as mauy or more frauds mittee of the Whole on the state of the Union for the pnrpo e of re- committed throughout the length and breadth of the rural districts suming the consideration of the sundry civil appropriation bill; and, than there are in ~ ·ery many of the cities. pending that motion, 1 move that all debate be closed in half a minute. '· 1876. CONGRESSIONAL RECORD-HOUSE. 4033 Mr. HOAR. I demand the yeas and nays upon the motion to close A bill {H. R. No. 1989) granting a pension to Robert Cavanaugh; debate. A bill (H. R. No. 2198) granting a pension to Mrs. Martha R. Rob- Mr. RANDALL. I thought you wa.nted'tbis· bill disposed of. inson, of Portsmouth, Ohio; and :Mr. HOAR. This is to be a political issue and we want the record A bill (H. R. No. 2849) for the relief of William Rule, postmaster at made, and let the other side take the responsjbility. Knoxville, Tennessee. Mr. RANDALL. I guess we can take the responsibility. The message further announced that the Senate had passed with Mr. HOAR. You havo to take it whet.her you want to or not. amendments, in which the concurrence of the House was requested, Mr. BAKER, of Indiana. We propose that you shall take it. a. bill of the Honse of the following title: · The yeas and nays were orderetl. A bill (H. R. No. 3478) making appropriations for t.he cmrent and Mr. RAINEY. Hefore the question is put upon this matter, I desire contingent expenses of the Iudian Department and for fulli.lling to make a proposition to the gentleman from Pennsylvania. treaty stipulations with various Indian tribes for the year ending Mr. RANDALL. I object to debate; I believe the yeas and nays June 30, 1877, and for other purposes. have been ordered. The message also announced that the Senate had passed, and re- The question was taken; and there were-yea.s 121, nays 75, not quested the concurrence of the House in, a bill of the following title: voting 93 ; as follows : .A. bill (S. No. 823) for the relief of John G. Taylor, of Annapolis, YEAS-Messrs. .Ainsworth, Anderson, Atkirul, Banning, Blackburn, Bland, Maryland. Blount, Boone, Bradforu Buckner, Cabell, John H. Caldwell William P. Caldwell, SUNDRY CIVIL APPROPRIATION BILL. Canuler, Cate, CaulficlJ, Chapin, John B. Clark, jr., of Missouri, Clymer, Coch- rane, Cook, Cowan, Culberso~ Uutlor, Davis, De Bolt, Dibrell, Durham, Ely, Felton, The question recurring on the motion of Mr. RANDALL that the Finley, :Forney, Franklin Fuller, Gause, Glo;er, Goocle, Gunter, Andrew H. Ham· House resolve itself into Committee of the Whole, it was agreed to. ilton, Robert Hamilton, ':ffai'i:oock, Henry R. Harris, John T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Henkle, Abram S. Hewitt, Goldsmith W. Hewitt., The House accordingly resolved itself into Committee of the Whole, Hill,Hoim.an,Hooker, Honse, Hunton, Jenks, Frank Jones, Thoma.sL. Jones, Kehr, (Mr. BLACKBURN in the chair,) ancl resumed the consideration of the Franklin Landers, George M. Landers, Levy, Luttrell, Lynde, L. A. Mackey, bill (H. R. No. 3749) making appropriations for sundry civil expenses Maish, McMahon, Meade, Metcalfe, Mills, Mutchler, Neal, Odell, Parsons, Payne, of the Government for the :fiscal year ending June 30, 1877, and for Phelps, John F. Philips, Piper, Powell, Randall, Rea, John Reilly James ll. Reilly, Rice, Riddle, John Robbins, William M. Roll bins, Savage, Sayler, ~cales, Schleicher, other purposes. Sheakley, Sin!llet:on, William E. Smith, Southard, Sparks, Spencer, Springer, Sten- The pending paragraph of the bill was the following : ger, Tarbox, ~J:erry, Thompson, Thomas, Throckmorton, -Turney, John L. Vance, Robert B. Vance, Charles C. B. Walker, Walling, Warren, Erastus Wells, White- JUDICIARY. house, Whitthorne, Wi~ginton. Wikc, James D. Williams, Jeremiah N. Williams, For defraying the expenses of the Supremo Court and circuit and district courts Wlllis, Fernando Wooa, Yeates, and Young-121. of the United States, inclntl.ing the District of Columbia; and also for jurors and NAYS-Messrs. Adams, John H. Baker William H. Baker, Ballou, Banks, witnesses and expenses of snits in which tho United States are concerned, for pros- Blair, William R. Brown, Samuel D. Burchard, Cannon, Cason, Caswell. Chittenden, ecutions for offenses committed against the United States; for tl1o safe-keeping of Conger~,.,. Urapo, Crounse, Da;y, Doniso~ Dobbins, Dunnell, Eames, Fort, Foster, prisoners ; and for defraying the expenses which may be incurred in the enforce- Frost, . n·ye, Goodin, Hendee, Henderson, Hoar, Hogo, Hubbell, Hurlbut, Hyman, ment of the act of February 2i!, 1871, relative to the right of citizens to vote, or any Joyce, Kas on, Kelley, Kotoham, Kimball, Leavenworth, Lynch, McCrary, McDill, acts amendatory thereof or supplementary thereto, 2;500,000: Pr011ided, That the Miller, Monroe, Norton, Oliver, O'Neill, Packer, Page, Pierce, Plaisted, Potter, :maximum compensation allowed to marshals ancl regulated by section 841 of the Rainey, Robinson, Rusk, Sampson, Scel.ve, Strait, Stevenson, Thornb~h, Washing· Revised Statutes, from and after tho 1st day of July, 1876, shall not exceed $5,000 a. ton Townsend, Tufts, Van Vorhes, Wait, Walclron, Alexander S. whllace, Joli.D. year, or that rate for any time less than a ¥eaJ;"; and marshals are forbid issuing W. Wallace, Whiting, Willard, Andrew Willi.ams, Charles G. Williams, William any certificates or due-bills to witnesses, Jm·ors, guards, deputies, or others for B. Williams, James \Vilson, Alan Wood, jr., Woodburn, and Woodworth-75. fees or services, and the payment of any such certiticates or due-bills is forbiduen NOT VOTING-Messrs. Ashe, Ba.,.by, George A. Bagley, John H. Bagley, jr., by any Department of the Government; and no advance of money shall be made Bass. Beebe, Bell, Blaine, Bliss, Brndley, Briglit, John Young B.ro~ Horatio C. to any marshal whose accounts lmve not been adjusted at the Treasury for a period Burchard, Burleigh, Campbell, John B. Ularke of Kentucky, CoJJ.i.n.s, Cox, Danford, of more than six months; ancl hereafter no charge for mileage shall be allowed to Damill, Douglas, Durand, Eden, Egbert, Ellis, Evans, Fauikner, Freeman, Garfield, any marshal, and in lieu of mileage marshals shall only be paid for their actual Gibson, Hn.le, Haralson, Hardenbergb, Benjamin W. Harris, Hathorn, Ha.ymond, traveling expenses illcnrred in the pelformance of their official duties, to be ren- Ha.ys, Hereford, Hopkins, Hoskins, Hunter, Hurt!~ King, Knott, Lamar, Lane, Lap- dered upon oath. Tlie allow:mce to any deputy shall not exceed $5 per day while bam, Lawrence, Le Moyna, Lewis, Lord, Edmuna W. M. Mackey, Magoon, Mac- actually employed, or exceeding 1,200 per year for services rendered by such dep- Dou!f-ill., McFarland, Milliken, Money, Morgan, Morrison, Nash, New, O'Brien, uty, and said sums may be 1-educed below the said rates by the Attorney-General William A. Phillips, Platt, PopJ?leton, Pr:1tt, Purman, Reagan, Roberts, Miles whenever, in his opinion, said reductions shoullow would be struck at the elective franchise by the action made by the gentleman from Michigan. For myself, I think after of this Honse in the adoption of the clause a few moments ago. I considerable length of public service that I am able to say with truth· desired to say then when that was up, and I desire to say now, that fulness and candor this day that I never did attempt to pervert or mis- at the date of the Declaration of Independence, and at the date of state the position of any one, whet.her friendly to me or adverse to me the formation of the Constitution of the United States, and all along in politics. The gentleman from Michigan has made the statement through the political history of the .American people np to very re- that on all occasions, or at lea-st whenever I have spoken of it, I have cently, they have been supposed to be capable of self-government. advocated revolution. Does he not know that he makes that state- It was the underlying principle of om· American system, that the ment directly against the truth, and that it was done for political people are capable of self-government. The legislation which it is effect, in vio1.'lotion of truth and honor t now sought to support and uphold, and which began in 1871, after Mr. HARRIS, of Virginia. That ii right. nearly one hundred years of practice had demonstrated to the world Mr. CONGER. Will the gentleman allow me to state-- that our people were capable of self-government, originated in a pur- Mr. RE.AG.AN. No, sir. The gentleman would not yield to me. pose t,o establish a great central machine here for the repression of The gentleman from Michigan alludes to my position during the re- tho opinions of the people, and to control elections against their will. cent contest. That is in history, aud that I have no need to refer to I have not the time in five minutes to show the instances in which now.· From the close of that contest to this day there has been no the power of the Government under this legislation baa been used to man in this Government, North or South, who ha-s more sincerely control, coerce, anrl repress the people, anrl to defeat the expression sought the peace, the prosperi~y1 and the welfare of the whole Amer- of their will. It is so marked in our political history that it is not ican people, or who has been willing to make greater sacrifices of feel- necessary to repeat it to members of this House, nor is it necessary ing and of interest to secure that mutual good-will and charity which to repeat it to the .American people. It is one of those things show- are so necessary to the well-being of this country. The gentleman ing the remarkable drift in the political course of this country toward makes this attack upon me because I say th'lt legislation introduced centralization and the embodiment of ideas which look to the capital over five years ago, in 1871, is hostile to popular libert.y, favoring only and to the Federal Government for repression and control of the pop- the retention of power by a political p:1rty, for the benefit of a polit- ular will, instead of doing aa we were taught to believe we ought to ical party, an innovation upon and an overthrowing of the founda- do for nearly t.he first century of the Government, trusting to the in- tions of .American liberty and the traditional policy of the Govern- telligence and virtue of the people for their own government in their ment. And because I appeal to the principles of the Declaration of own localities. Independence, to the principles of the Constitution of the United [Here the hammer fell.] States, to the principles imbedded in the constitutions of the various Mr. CONGER. I move to strike out the last word. States for the protection of their people, their liberty, and their rights, I r.m not surprised to-day or any other day to see the gentleman and for the protection of their prosperity and welfare, the gentleman from Texas [Mr. REAGAN] prove, earnestly and eloquently to this from Michigan has the boldness t-o rise in his place, in the face of this Honse, from time to time whenever he speaks, that the Government House which has noticed my course and knows that his statement is of this country is straying so far from its original intent that revolu- not colTect, and to aasume that this means revolution. No, sir; it tion is the only remedy. The gentleman baa tried another remedy. means a security for the peace of the country through the peaceful But he comes here now and attempts to prove in every speech he makes means of the ballot-box and the law. We seek to repeal those laws that we wander so far from the principles of the Declaration of In- that trench upon popular liberty, pervert the character of our Gov- dependence and the principles of tlie founders of the Government ernment, and establish a great central machine intended to overawe, and its course through a hundred long years, a revolution is not only repress, and control the .American people, either with or without their permissible but demandable. consent. This is all I have to say on that point. [Applause.] Mr. RE.AG.AN. I hope the gentleman will not make such a state- Mr. CONGER. I desire to make one remark. · ment as that. I nevermade any such statement. The CHAIRMAN. Does the gentleman from Texas [Mr. !tlrr.Ls] Mr. CONGER. I cannot yieid. The whole tenor of the gentle- yield to the gentleman from 1\fichigan, [Mr. CoNGER f] man's arguments on many occasions-and I have taken pains to pick Mr. MILLS. I yield to the gentleman for a moment. them out and put them together-is that we wander so far from the . Mr. CONGER. Sir, I stated that the legitimate resnlt of such re- true intent of the Government that at last revolution is permissible marks as were made by the gentleman from Texas meant only that and is demanded. there were evils sprung up in this country that could only bo reme- I do not wonder, then, at the ~entleman's objection to these laws died by revolution. I stand to that proposition, and I say that in the that preserve the purity of elections. I do not wonder at his raising charges he has made against the administration of this Government, his voice against a law for the detection of crime. We have here an comparing it with former times, if his assertions in regard to tills appropriation for the punishment of crime. But this is to detect Government and its policy be true, he has laid the foundation for crime. that last resort of all citizens and of all citizenship: a revolution of But I pass from the gentleman from Texas. I regret that be makes the Government. That is what I say. The gentleman says my re- the issue that the American people every day so far forget and mis- marks are untrue. It is the logical conclusion tow hich I come, from use their power of self-government that he has to arraign the whole remarks ma-de by the gentleman to-day and on former oecasions, to American people for wandering from his sublime line of duty. the effect that in his judgment this Government has wandered so far Mr. RE.AG.AN. Mr. Chairman- from its original position as a republican government, that it is no Mr. CONGER. I have not finished. longer a republic, and that therefore revolution is proper. The gen- Mr. RE.AG.AN. I desire to be permitted to say one word, aa the tleman cannot escape the logic of these conclusions. He cannot cut gentleman from Michigan has done me injustice. down the logic of them by asserting that what I have said is untrue'. Mr. HOLMAN. I move that the committee rise for the purpose of Mr. MILLS. Gentlemen talk about the purity of elections. That obta.i ning an Qrder from the House to close debate. is no new subject to the .American people; it is no new subject hero; Mr. CONGER. I have not yielded the floor. it is a subject which has been talked about by the republican leadm'S However offensive it may be to gentlemen to have us discuss this all over the country for the last eight or nine years. They have been question of preserving the purity of elections and providing means the most longing people that I know of for purity of elections; and for detecting crime, they must hear of it and will hear of it from the let me give yon an illustration of some of the results of their ideas press and from the people. For we have called the attention of the of the purity in elections. In the State in which I live, and a part pflople to this subject to-day, and the people will understand that the of which I have the honor to represent on this floor, but a few months democratic majority of this House refused even twenty minutes' dis- ago a majority of 100,000 waa given for the democratic candidate for cussion on the repeal of a law which all the people look upon with governor, but under the republican idea of purity in elections the favor, democrats and republicans alike, who are in favor of the purity chosen official of the .Administration returned a few years ago a re- of elections. publican candidate as governor. That is what purity in election did · This is but another step in that d:itection, to detect crime. No ap- in Texas, and they extended this purity in election so far that the propriation is to be made, aa has always been made in previous bills, county in which I live was not deemed high enough in the scale of for the detection of crimes against the United States. I submit -t o purity to have its vote counted, and this was done by an accredited the gentlemen of the majority here that as regards the record they agent of the Government of the United States. .At another election make this day they will have to file affidavits with their constituents a gentleman bearing upon his bosom the badge of a deputy marshal, to show them that they were mistaken in their record or that they appointed to officiate at the ballot-box in my county, when he had were put down by mistake on the rolL The gentleman from Illinois, purified the ballot-box was subsequently arraigned and brought be- [1\!r. CAULFIELD,] the chairman of the Committee on Expenditures fore the grand jury for violatin-g the law, having aided in commit- in the Department of Justice, has brought in here his individual idea-s ting the highest crime that wa.s possible to commit against a free of what t.be report of his committee on this subject will be. people by stealing the sovereignty of the people. He admitted that [Here the hammer fell.] he and his republican purifiers had stolen from the ballot-box three Mr. MILLS rose. hundred democrat ballots and injected three hundred republican bal- Mr. REAGAN. I desire, Ml·. Chairman, to say a word, because I lots in their pla-ce, and that testimony was brought to this House in think wrong has been done me. the contested-election case between Giddings and Clark. Gentlemen The CHAIRMAN. The Chair has recognized tho gentleman from on the other side of the House will certainly not fail to remember 4036 CONGRESSIONAL RECORD-HOUSE. JUNE 22, that case. Be it said to the honor of human nature and tbo honor of punish tho persons who set fire to the l)roperty 'vith the felonious the republican party that, deeply stained as wo are by political intent to .lestroy the same. fvrongs arising from partisan prejurlice, the republican party coulcl [Here the hammer fell.] not stand before tlle record brought before the Hou e, ancl voted Mr. WOOD, of New York. I would not have risen to participate unanimously to eject Clark from the House and place in his seat the in this debate but for the very frequent 1·eference to the city of N w man for whom the citizens of my district had voted and whom they York, which I have the honor in part to repre ent. I think there is had sent to represent them in this House. They ejected a man that either a very grea.t misapprehension or a very great intention to mis- came here with a false certificate of a purified republican governor, represent with reference to the character of the people of tho State a gentleman who boasted a few days ago before one of the commit- of New York. There is not a State in this Union, not one, where the tees of this House that he was so popular in Texas that he was laws of the State a.r e better framed for the security of the elective elected United States Senator, n.ided in so purifyin~ .elections as to franchise than the State of New York. In my judgment ·t he State of have returned to a Legislature that would return nim a~ a Senator New York has provided by_every possible provision of law for a fair from Texas. election in the city of New York as well as in every other part of the This is what you call purity of elections, and it is for the purpose State. of carrying out such elections that y-ou want this appropriation. A If there have been frauds in elections in the city of New York, then few years ago you said the Constitution of the United States was a the officials of the State and c~tymust have been responsible for those "covenant with death and a league with hell," and you would hold frauds. For seven out of the la~t ten years the administration and it to be so to-day if you could not make it subserve your partisan pur- the whole State and city governments have been in tho hands of our poses. • political opponents. The laws have been framed by a republican [Here the hammer fell.] Legislature and approved by a republican governor: Mr. RANDALL. I now ask unanimous consent that debate be The police authorities in the city of New York execute all our elec- closed upon this paragraph. tion laws, and those police authorities during the same period for a Mr. WAlT. I ask the gentleman to allow me a few moments. very large portion of the time in the city of New York have been Mr. RANDALL. I yield to the gentleman. under republican control. If, therefore, notwithstanding the law, Mr. WAlT. I differ entirely from what has been stated here by the and notwithstanding the character of the people who vote at onr gentleman just on the :floor, that the evidence before any committee elections, there have been frauds, I hold the party in power respon- of the House, so far as I had any personal knowledge of the same, is sible for those frauds. They had the power to secure a pure election, that the moneys which have heretofore been appropriated for the and if we have not had that pure election they are responsible for the detection and prosecution of crimes against the United States have result. . been perverted from the legitimate purposes for which they were set What is the fact f I admit that there have been frauds in New apart and applied in aid of any particular party in the State elections. York. There is no State of like population in tho world, where the The evidence before the committee of which the gentleman from illi- elective franchise is as free as it is with us, in which frauds have not nois [Mr. CAULFIELD] is chairman, and of which I have the honor to existed. But we have to tho extent of our power remedied tho e be a member, was clear and positive that the money has been appro- frauds. The only obstructions that we have had in the city of New priated and used in all instances for lawful purposes. Never in one York to an entirely pure election have been through the administra- single instance wa~ it used to elect the candidates of any particular tion of the General Government by its supervisors and marshals. party to office, but for the purpose of suppressing the worst and most They have protected frauds instead of detecting them; they ha\'e glaring frauds, which were proved to have been perpetrated in New encouraged frauds instead of preventing them; they have exerci ed York, that have ever been perpetr.ated in any city in this Union. It the power of the Federal Government t-o overawe and intimidate was established by the clearest and most positive evidence that many voters, upon occasions arresting them without cause and keeping votes were cast on fraudulent naturalization papers by men not enti- them in jail, not discharging them until the morning after the elec- tled to exercise the elective franchise. It was also in evidence before tion, so as to deprive them of the right to vote. the committee that many others, known as repeaters, went from ward It is all very well for gentlemen when they design to accomplish a to ward and from district to district cnsting votes in each. The evi- purpose to endeavor to continue a system antagonistic to the genius of dence before the committee is that this repeating and this voting on our institutions to select the city of New York as an example in sup- these fraudulent naturalization papers and on the naturalization port of their arguments. I tell these gentlemen that they are not to papers of men who were dead was for t.he benefit of one party almost h...5,000. them go ahead. MI-. ATKINS. I think the amount of $25,000 is too much, and I Several MEMBERS. Regular order! · therefore move to strike it out and in lieu thereof insert $10,000. Mr. HOLMAN. I rise to make a parliamentary inquiry. Is it in Mr. RANDALL. Vote! order to ask the gentleman on the other side whether be will he satis- Mr. ATKINS. If the chairman wishes a vote I will not detain the fied with five minutes' [Laughter.] Honse by saying anything on the amendment. Mr. RANDALL. That is not a parliamentary inquiry. Mr. RANDALL. I propose to vote for it, and therefore do not The SPEAKER pro tempore. The Chair cannot answer that ques- think it necessary to take up time in debate. It is all right. tion. The committee divided; and there were-ayes 99, noes 52. The question was taken, and there were-yeas 130, nays 76, not So the runendment was agreed to. voting 83; as follows: 1\Ir. CONGER. I give notice that I shall ask for a separate vote on YEAS-Messrs . .Ainsworth, Anderson, Atkins, Banning, BL'l.ckburn, Bland, that amendment in the House. Blount, Boone, Bradford, Bright, Buckner, Samuel D. Burcliard C:~.boll, John H. The CHAIRMAN. That is the right of the gentleman from Mich- Caldwell, William P. Caldwell, Campbell, Candler,Cate, Caulfield, Chapin, John B. Clarke of Kentucky, John B. Clark, jr., ofMis1~ouri, Clymer, Collins, Cook, Cowan, igan. Cu~i~h~:wis, De Bolt, Dibrell, Dmham, Eden, Ellis, Ely, Felton, Finley, Forney, The Clerk read as follows : Fra · , Fuller, Gause, Glover, Goode, Gunter, Andrew H. Hamilton, Robert Ham- Government Hospital for the Insane: ilton, Henry R. Harris, John T. Ranis, Harrison, Hartridge, Hartzell, Hatcher, Haymond, Hereford, AbramS. IIewi tt, GQldsmith W. lie witt. Hill, Holman, Hooktr, For the support, clothing, and medical and moral treatment of tho insane of the Hopkins, House, Hunbm, Jenks, Frank Jones Thomas L. Jones, Kehr, Knot;t, Army, Navy, and Marino Cor_ps and revenue-cutter service, and of all pt'rsons George M.. Landers•. Lane, Lord, Luttrell, L yncie, Maish, McFarland, McMahon, who may havo becomo insane smce their entry into tho military or naval service of Meade, Metcalfe, Mills, Morgan, Morrison, Mutchler, Nea.l, 0~1ell, Payne, Phelps, tho United Sta.tes and who are indigent, and of the inlligeut insane of tho District John F. Phllips, Piper, R{illdall, Rea, Reagan, John Reillyr Jam es B. Reilly, Rice, of Columbia in tho Government Hospital for the Insane, $150,000; and hereafter Rirl ille, William M. Robbins, Roberts, Savago, Sayler, Scaies, Schleicher, Sing:leton, one-half of the e:A--pense of the indigent persons who may: be admitted from the William E. Smith, Southard, Sparks, Spencer, Springer. Stenger, Stone, Tarbox, District of Columbia shall be paid from the treasury of sru.d District. Terry, Thomas, Thompson, Throckmorton, Turney, JohnL. Vance. Robert B. Vance, 1\-Ir. BOONE. I move to amend by inserting after the word "in- Char les C. B. Walker, Walling, Walsh, Warren, Erast us Wells, Whitehouse, Whit- ing, Whittborne, Wigginton, Wikc,JamesD. Williams,JeromiahN. Williams,Fer- digent,)) in line 371, the following: nanclo Wood, Yeates, and Young-130. And whose insanity occurred while in the military or naval service of tho NAYS-Messrs.Adams,John H. Baker, William H. Baker, :Ballou, Banks, Blair, United States, or bas occurred within three years after discharge from such mili- William R. Brown, Cannon, Cason, Caswell, Chittenden, Conger, Crapo, Crounse, tary or naval service from causes arising during such service. Danford, Davy, Denison, Dobbins, Dunnell, Eames, Fort., Foster, Frye, Goodin, Hoar, Hoge, H11bbe1i, Hurlbut. Hyman, Joyce, Kelley, Ketcham, Kimball, Leavenworth, Mr. Chairman, the language of this bill is similar to that used Lynch, McCrary, McDill, Miller, Monroe, Norton, O'Brien, Oliver, O'Neill, Packer, in a former appropriation bill on this subject, and I understand Page, William A. Phillips, Pierce, Plaisted, Potter, Purmau, Ra,jney, Robinson, it has been the custom, perhaps sanctioned by the opinion of the Rusk, Sampson, Seelye, Smalls, A. Herr Smith, Strait, Stevenson, Stowell, Thorn- burg:h, Washington Townsend, Tuft,<>, Van Vorhes, Wait, Waldron, Alomnder S. Attorney-General of the United States, thnt all persons who have Wallace, John ,V. Wallace, Willard, Andrew Williams, Charles G. Willia.ms, Will- been in the military service of the United States and have been dis- iam B. Willia,ms, James Wilson, Alan Wood, jr., Woodburn, and Woodworth-76. charged from it, without regard to the time they were discharged, NOT VOTING-M;essrs. ;A-she, Bagby, John H. Bagley, jr., George A. Bagley, Ol' when they became insane, are entitled to be admitted into the Ba.ss, Beebe, Bell, Blame, Bliss, Bradley, J obn Young Brown, Horatio C. Burcliard, Burleigh, Cochrane, Cox, Culberson, Darrall, Douglas, Durand, Egbert, Eva.ns, Government Hospital for the Insane. I think there should be some Faulkner, Freeman, Frost, Garfield, Gibson, Hale, Hancock, Haralson, Rardon- limitation placed upon the time when persons shall receive the bergh, Benjamin W. Harris, Hathorn, Hays, Hendee, Henderson, Henkle, Hoskins, benefit of this institution. I have incorporated in my amendment Hunter, Hura, Kasson, King, Lamar, Franklin Landers, Lapham, Lawrence, Le three years after discharge. I think that in that time all persons who ~)fike, Levy, Lewis, Edmund W. M. Mackey, L.A. Mackey, Magoon, MacDougall, en, Money, Nash, New, Parsons, Platt, Poppletou, Powelf, Pratt, .fohn Rob- have been in the military or naval service of the Government shall bins, Miles Ross, Sobieski Ross, Schumaker, Sheakley, Sinnickson, Slemons). Swann, have acquired a home in some of the States. Tee o, Martin I. Tow:nsend, Tucker, Waddell, Gilbert C. Walker, Wa.rd, u. Wiley The object of this amendment is not to throw any obstacle in the W ells, Wheeler, Wllite, Alphous S. Williams, James Williams, Willis, Wilshire, way of ta,k ing care of discharged soldiers who may become insano; and Benjamin Wilson-83. but I think when they become citizens of a State, or have been resi- So the motion of Mr. RANDALL that all debate in Committee of the dents of a State for a length of time to entitle them to beoome cit i- Whole on the pending paragraph be closed was arrreed to. zens, the State should take care of tliem and they should not boa During the roll-call the following announceme;ts were made: burden upon the Government. Mr. BURCHARD, of Illinois. On all political questions I am paired If the policy that has been pursued, as I understand it, is st ill pur- with the gentleman from Virginia, Mr. •rucKER. If I were at liberty sued, it will not be long before we will ba.ve to extend this inst itu- to vote, I should vote "no." He if present would vote "ay." tion or build a new one. I understand there is an application in tltis Mr. HOSKINS. I desiro to say that I am paired on all political House to appropriate$350,000 to build another asylum. There are now questions with the gentleman from Virginia, [Mr. WALKER.] Were in this institution seven hundred and fifty patients. They are much he present he would probably vote "ay," and I should vote "no." crowded, and, unless we shall throw some safcguard6 around it, it Mr. DOUGLAS. On all political questions (and this seems to as- will be so crowded as to call for still greater expense on the part of sume that character) I am paired with the gentleman from New York, tho Government. Whereas, if only such persons as are entitled to go [Mr. MACDOUGALL.) in there are admitted, there will be ample room for all such insane The result of the vote was announced as above stated. persons as ought to be taken care of. REPORT OF THE DOORKEEPER. Ml'. BLOUNT. I ask the gentleman whether he does not find as a Mr. FORT. Bytherecordmadeto-dayitmightseem that Mr. Patter- matter of fact that the abuse there, if any such does exist, arises f rom son, the present Doorkeeper, had neglected to make his report to the the crowding of that institution, not by soldiers or sailors, but from Honse. In point of fact his fi!'st official act was to mako his report tho fact that people come into this District from the surrounding according to Rule Zl, which requires him to make a full inventory of States a.nd after gettiug a, resiuenco here secure admission into this 4038 CONGRESSIONAL RECORD-HOUSE. JUNE 22 ' Government Asylum for the Insn.ne f I ask him whether the abuse If the gentleman from Pennsylvania shall think it unwi e to strike does not lie there f it out, I would ask his consent then for me to insert the words " born Mr. BOONE. There is no don bt there is an abuse in that direction, in and" before the word '' admitted," in line 375; so that it will reatl: nnd that persons are admitterl. from the District who are really resi- And hereafter one-half of the expenses of the indigent persons who may be born dents of the States. I am satisfied, while there is that abuse, there in and admitted from the District of Columbia. shall be paid from the trca ury of is also an abuse in the direction I have pointed out. I suppose there said District. will be an amendment offered to this or some subsequent bill to rem- Mr. RANDALL. That would cut it all off. edy the abuse of which the gentleman from Georgia has spoken. Mr. BUCKNER. I wish to suggest that the treasury of the Dis- Mr. RANDALL. This amendment, or one having a similar object, trict of Columbia, which bas to pay 1,100,000 interest, under a bill was considered in the Committee on Appropriations, and met with an which ba~ passed here, during the next six months or the next twelve ad verse decision. The poidt at issue is just this, that any insane per- months at the furthest, will be very short of funds, and if this ex- sons who were in the various branches of the service indicated in the pense can be put upon the Government I think it ought to be. body of the paragraph can come and be admitted into the Govern- Mr. RANDALL. This bill applies to all hereafter sent to the a y- ment Asylum for the Insane without regard to the time when they lum. There is an enormous number of patients there from the Dis- were discharged. The gentleman's amendment proposes to make in- trict now. sanity within three years from the discharge from the military or Mr. BLOUNT. Two hundred and seventy. . naval service a necessary qualification for admission into this asylum. Mr. RANDALL. My colleague on the committee informs me that That provision we thought best not to incorporate into this bill. I there are two hundred and seventy patients from the District now in should p1·efer to lean toward favoring those insane persons who had the a~ylum. This does not interfere with them at all, but the com- served their country ia. the Army or Navy, and to make no limitation plaint is that from the surrounding States, and perhap from remote as to the period when the insanity made itself manifest, whether States, insane persons are brought here and get a domicile here, and three years or any other period after their discharge. then are sent into this institution aa from the District of Columbia. Mr. MUTCHLER. This Government Hospital for the Insane was This provision will make the District of Columbia authorities more established about the year 1854. In the year 1866 Congress passed careful in determining who shall go in there and enjoy this bounty. an act which permitted all soldiers and sailors who had been dis- I think it is a wise provision. charged from the Army and Navy for a periorl of three years and be- Mr. KASSON. I do not think that this provision will efl'ect the came insane within that time, if their insanity was caused by the gentleman's object unless he inserts the word "hereafter." service in the Army or Navy, to be admitted there. That is the law Mr. RANDALL. The word "hereafter" is already in, and was as it now stands. The purpose of the institution is, in the first place, placed there so as not to interfere in any way with such patients a~ to provide an asylum for the insane of the Army, Navy, revenue-cutter are now there. • service, and Marine Corps; secondly, for insane people who have been Mr. KASSON. I would suggest that the gentleman amend the lat- in the Army and Navy and have become insane within three years ter clause of the paragraph b'y striking out the word "hereafter" after their discharge if their insanity was caused by such service; where it occurs and inserting it between the word "be" and the word and, thirdly, for the indigent insane of the District of Columbia. " admitted;" so that it will read: Under the peculiar wording of .t he appropriation bills for the last And hereafter one-half of the expense of the indifiaent persons who may be h re- four or five years, whether unintentionally or otherwise it is difficult a.fter admitted from the District of Columbia sba be paid from the treasm·y of said District. ~ to say, the Attorney-General has decided that any person who had served in the Army at any time, without regard to the length of time Mr. RANDALL. I have no objection to that amendment. he had served there or without regard to the cause whicb had ·pro- Mr. KASSON. Then I offer it. duced his insanity, is entitled to admission to this hospital. It will The .amendment wa~ n.greed to. be seen, therefore, that the Government may be very easily imposed T~e Clerk resumed the reading of the bill, and read as follows: upon; because a person who had served only one day in the Army and For general repairs, absolutely necessary, for tho buildings of the institution, who had become insane by the habitual use of intoxicating liquors 15,000. or from any other imprudence of his own would be entitled to be Mr. BOONE. I do not know that the amendment which I now kept in that institution. It strikes me, therefore, that the present offer is exactly germane to this bill, but I do not see any other place system is unjust to the Government, and that there should be some where it would properly come in. I move to amend the bill by in- regulation made that would provide that no person should be ad- serting after the clause just read the following: mitted there from the Army and Navy unless it clearly appeMs that That .hereafter it shall not be lawful for the superintendent of the asylum to the insanity was produced by his service in either of those branches hold any other office of profit or trust while superintendent of said asylum. of the Government. ~1r. CONGER. I make the point of order that this is new legisla- There are to-day in the Army and Navy together but 35,000 men. tion. If there be, as statistics say, but one insane person in every thousand, The CHAIRMAN. The Chair is not yet informed how the gentle- there should be but thirty-five insane persons in the Army and Navy. man from Kentucky offers this amendment. Does he offer it a an Yet we find that the number admitted to the asylum is over four hun- independent section T dred, showing that the States empty out of their Soldiers' homes aJ1 M.r. BOONE. Yes, sir. persons who are imbeciles in any way, bring them to Washington, Mr. CONGER. I make the point that it is new legislation, a.ncl it and put t.hem in the Insane Asylum. is therefore not in order. Mr. RANDALL. Let me say just one word more. These people Mr. RANDALL. I would suggest to tho gentleman from Kentucky are the ward'i of the nation, and just as we give pensions to our sol- that there is a general clause in the bill which reaches the re nlt diers and sailors we should give entrance to the asylum in ca.se of in- which his amendment aims to accomplish, and therefore there is no sanity. occasion for his amendment. Mr. RAINEY. I ask that the amendment may be again read. Mr. BOONE. Where is that ~eneral clausejf The amendment was again read. Mr. RANDALL. I will read 1t to the gentleman: Mr. KELLEY. I would ask the g:entleman from Kentucky if he Provided, Tbat hereafter no person in the employ of the Government of the would not permit an amendment stnking out the term of three years, United Stat-es, or of any Department thereof, or of the District of Columbia, hall so that any man whose insanity is traced directly to causes arising hold two places of honor, trust, emolument, or salary: And provided also, That no during the war may be admitted T officer, clerk, or employe of Congre s shall hold any other office of bon r, trust, Mr. HOLMAN. This has been the law for many years. emolument, or salary while receiving pay from the Sena.te or llouse of Representa- tives. Mr. KELLEY. But cannot the law be improved so as to admit any man whose insanity is clearly traceable to causes arising during his Mr. BOONE. I think that covers the point I seek to attain, and I service! therefore withdraw the amendment. Mr. HOLMAN. If be has been in the service and becomes insane, The Clerk resumed the reading of tho bill, and read as follows: let him have the benefit of tills asylum. For the support of the National Soldiers' and Sailors' ~bans' Ilom , Washing- The question being taken on Mr. BooNE'S amendment, there were ton City, District of Columbia, including salaries and inmdontal expenses, to be expended under the direction of the Secretary of the Inteiior, 10,000. ayes 29, noes not counted. So t.be amendment was not agreed to. ~1r. BUCKNER. I offer the following amendment: Mr. KASSON. I have called the attention of the gentleman from After line 405 insert the following: Pennsylvania [Mr. RANDALL] to the last clause of the paragraph, and To the Industrial Home School of the District of Columbia, 10,000, t.o be ex· pended in erecting a machine-shop and other needful buildings for the inmates of I think he will probably agree to a modification of it, if not to the said industrial schooL striking of ittQut. Does the gentleman from Pennsylvania object to thn.t f I offer the following amendment: Mr. RANDALL. No, sir. Strike out these words at the end of the paragraph: "And hereafter one-half of The amendment was agreed to. tho expense of the indigent persons who ma.v be admitted from the District of Co- lnmbin. shall be paid from the treasury of said District." The Clerk resumed the reading of the bill, and ren.d aa follows. The reason for my offering this amendment is that probably nine- To aid in the support of the Children's Hospital, Washington, District of Colnm tenths of those nominally from the District of Columbia belong to bia, $5,000. For the Freedmen's Hospital and Asylum in Washington, Di trict of Columbia., tha.t floating population that drifts in from other parts of the country, namely, for subsistence, salaries and compensation, fuel and light, clothing, rent and it seems hardly a matter of justice, let alone generosity, for Con- of hospital buildings, medicines nnd medical supplies, forage and transportation, gr ss to impo e one-half of the burden of the support of thoso peoplo a.ml mil cellaneous expen es, $45,000. on the District of Columbia. .Mr. HARTRIDGE. I ofrer the following amendment, to come in ' 1876. CONGRESSIONAL RECQR.D-HOUSE. 4039 immediately after that paragraph, and I think the chairman of the The CHAIRMAN. Is this institution established by and now ex- Committee on Appropriations will not object to it: isting under law t For tho National Association for the Relief of the Colored Women and Children Mr. BUCKNER. Certainly it is. of the District of Columbia, $10,000; Mr. STEVENSON. I hope the gentleman from Pennsylvania will For Saint Ann's Infant Asylum, 10,000; and wiihdraw his point of order and allow this amendment to ba.Yo.ted on. For the Georgetown General Hospital, $5,000. Mr. HOAR. The point of order does not lie against the amend- :Mr. RANDALL. There is no objection to that. ment. The amendment was agreed to. :Mr. STEVENSON. I presume that is true, from the fact that this The Clerk resumed the reading of the bill, and read as follows: is an. institution already in existence, having been provided for by For expenRes in detecting and bringing to trial and punishment persons engaged prev10ns a{}ts of Congress. This matter ha..s been before the Com- in counterfeiting Treasury notes, bonds, national-bank notes. and other securities of the United States, and the coina~e thereof, and for detecting other frauds upon mittee for the District of Columbia. I think the appropriations pro- the Government, $100,000, to be disbursed under the direction of the Secretary of posed by this amendment are necessary and proper. The amounts the Treasrrry. are not extravagant, and are necessary for the purpose of making this lli. WHITE. I desire to offer an amendment, to come in at the institution what it should be. It is a well-conducted institution, close of tha.t paragraph, and it is aa follows : necessary for this District, and I hope this amendment may be made Provided, That no part of said sum shall be paid to spies for information. a part of this bill. Mr. FOSTER. I make the point of order that that is new legisla- Mr. RANDALL. No one would experience more pleasure than I tion. . would in extending our charities. This, however, is not a time when :Mr. WHITE. I desire to say that I am not opposed to having de- we sh?uld ~nter npon a ne.w field or engage in any increased expendi- tectives or to paying for detectives, but I think that those detectives tures m th1s respect. Thts amendment proposes to purchase addi- should have regular salaries; and I am opposed to this system of tional land. I know nothing abont the value of the land; but I spies and infonilers, for a great deal of evil results therefrom. would suggest that we han better not go further than the $10,000 The CHAIRMAN. Is the point of order insisted upon! which the Committee on Appropriations have reported for this insti- :Mr. FOSTER. It is. tution. I now call for a vote. Mr. FORT. IS the point of order good T Mr. STEVENSON. In reply to what the gentleman from Pennsyl- The CHAIRMAN. The Chair has not passed upon the point of vania ha..s said, I desire to say that this is not a matter of charity 'at order. all; it is an appropriat.ion absolutely necessary for this District. Mr. FORT. l.t occurs to me that this amendment is in the interest Mr. RANDALL. The Reform School is a charity'. of economy. Mr. STEVENSON. It is absolutely necessary for this class of peO·· The CHAIRMAN. The Chair is prepared to rule upon the point of ple. I think this institution a necessary one. It is well conducteeen done before. for years, unless a change be made in the relation which the Govern.- I think, sir, we have gone just as far as we can safely go in the ment bears to this District. I withdraw the formal amendment. way of reduction. A great many buildings simply need covering; Mr. BucKNER's amendment was disagreed to. but without it there will be a great destruction and a great lo to The Clerk read as follows: the Goverument. I think there will be no one on this floor who will Court-house and poat-offi.ce, Atlanta, Georgia : For continuation of the building, be prepared to take the position that we must stop everywhere the f15,000. work on these buildings throughout the country. With reference to Mr. LORD. I move to strike out lines 451 and 452, being the whole the appropriation for Atlanta, Georgia; the gentleman from New paragraph. · York [Mr. LORD] a{lks whether the amount of $15,000 will cover tbat Mr. Chairman, I find appropriated under the head of "Treasury De- bnild.LlJg. I will answer the gentleman that five times that 3Jllount partment," if I have figured the -amount correctly, over 2,400,000 for will not do so. the purpose of completing or extending buildings for the service of Mr. LORD. My question had reference to bow much it would cost the United States. I think now is a very bad time to expend this to finish the building, and whether $15,000 would complete it. amount of money for such a purpose. I apprehend there is hardly Mr. BLOUNT. I say it will not. one of these buildings, perhaps not one, which cannot afford to wait Mr. LORD. What is the estimated cost' one or two or three years. Mr. BLOUNT. '1 wo hundred and fifty thousand dollars. I think I have a right to say something on this subject, and for Mr. LORD. How much has been expended' this reason: In the city of Utica, where I reside, the United States Mr. BLOUNT. I do not know the exact amount that has been has paid 150,000, or about that sum, for a lot of land, and ha-s torn expended. · down some of the old buildings, so as to make it very unsightly. The Mr. CANDLER. The sum of · 0,000 has been already paid. city of Utica rea11y needs a post-office and a court-house for the The amendment was not agreed to. Unit.ed States courts, but considering the state of the times and the The Clerk resumed the reading of the bill, and read the following state of the Treasury the Represent.ative of that district concluded paragraph: not to make an application for an appropriation. I think, should I . state all the facts relating to the demand for a court-house and post- Subtreasury and post·offi.ce, :Boston, Massachusetts: For purchase of additional land condemned by the United States courts, including interest and expenses inci- office in the city of Utica, I could make as strong a claim as is made dent, 235,000. for any building provided for in this appropriation bill. Therefore, . · . . having concluded, in view of the public neces ity, in view of the de- Mr. PIERCE. I desrre .to offer the follow.mg amendmen~, ~hwh pletion of the Treasury, in view of the fact, as I understand it, that ba.s the approval of the charrman of the Committee on Approprmt10ns : wo are more than 15,000,000 short iu tb~ r.evenues on the estimates! Amend in lines 454 :md 455 by sttiking out the words Unitt•d States;" and in 11 of last year, not to apply for an appropnat10n for a court-house and line 455, after the word courts," insert ·• of the State of Massachusetts." 11 1876. CONGRESSIONAL RECORD-HOUSE. 4041 Mr. HOLMAN. I ask that that pa.ragraph be read as it will be $596,000; in fact there 1s more money on band to expend on the build- if amended. ing at Chicago than any other public building in the United Statea. The Clerk read as follows: Th~se are the only three points upon which I wish to speak. [Cries Subtreasury and post-office, Boston, Massachusetts : For purchase of additional of ''Vote!" "Vote!"] land condemned by the courts of the State of Massachusetts, including interest Mr. BANNING. I hope the House will not make haste to vote upon and expenses incident, 235,000. this question. I hold in my hand a letter which I received this morn- Mr. HOLMAN. Was not this condemnation in the United States ing from Mr. Hannaford, the architect of the building at Cincinnati, court f · which I ask to have read, and I hope that members of the House will Mr. PIERCE. No, sir; it was in the courts of the State of Mru;sa- listen to it and vote in accordn.nce with his recommendations. clmsetts. The Legislature passed an act authorizing proceedings to I wish to say one word in addition. Cincinnati pays the Govern- be brongbt in the State courts, and proceedings were had similar to ment more money in internal-revenue tax than the whole State of those in the case of land condemned by the United States courts. Pennsylvania, and yet there is an appropriation here for a building Mr. HOLMAN. I thought we passed an act with a view to the con- in Philadelphia of $350,000 and Cincinnati only $200,000. demnation of that land. Mr. RANDALL. We cut clown the estimate $400,000. Mr. PIERCE. No, sir; it was done by the courts of the State of · Mr. BANNING. Unfortunately Cincinnati did not have a man Massn-ch usetts. upon the Committee on Appropriations. Mr. HOLMAN. If the gentleman from Massachusetts knows of his Mr. RANDALL. Now, that is a reflection on the Committee on Ap- own know ledge that this condemnation was made in a State court, propriations. then I will not object to his amendment. • Mr. BANNING. I do not mean it in an unkind or offensive way. .Mr. PIERCE. It was made by the superior court of Massachusetts Mr. RANDALL. That is very unjust; it is not in accordance with undor a special act passed by the Legislature for that purpose. the facts. I have acted here in regaJ:d to my own State precisely as The amendment was adopted. in regard to other States. The Clerk read the following paragraph: Mr. BANNING. In Cincinnati we .pay $9,000,000 of internal rev- Custom-house and post-office, Cincinnati, Ohio: For continuation of building, enue. f200,000. Mr. KELLEY. Do you drink the whisky that pays that tax Y Mr. SAYLER. I offer the following amendment: Mr. BANNING. Not all of it. Mr. KELLEY. I take it that the consumer pays that tax. Strike out " 200,000" and insert "$400,000." Mr. BANNING. It is consumed after we have paid the tax on it. I do not propose to antao-onize the general purpose of economy Now, Mr. Chairman, I hope that I may have the letter read and that bas been evinced by the present Appropriations Committee. I that gentlemen may listen to it. It is from the man who superin- believe as much as they do in retrenchment and reform. But I un- tends the construction of this building, and shows its present condi- dertake to sav that there is neither retrenchment nor reform in a tion. proposition toubuild a bouse and not appropriate a sufficient sum of Mr. LUTTRELL. California pays 16,000,000 of internal revenue, money to carry through the necessary work on it. and has no representative on any important committee. These gentlemen profess to be wise politicians, but I have only this The CleJ:k read as follows : to say, and I say it for the benefit of my friends on the republican OFFICE OF SUPERINTENDENT OF CONSTRUCTION, side, that if you stop this work in these cities, you will probably have UNITED STATES CUSTOM-HOUSE AND POST-OFFICE, republican Representatives here from every leading city in the United Cincinnati, Ju'I'U} 20, 1876. :'3 t.ates. If you stop the work you increase the expense, and you do Sm: The telegraphic dispatches from Washington state that only $200,000 have not accomplish the purpose that the people of the country want ac- this been recommended by the committee to be appropriated for the construction of building. This, if true, is a grave error and in no wise true economy. I doubt complished. Now, sir, we had an appropriation last year for this if there be a. point in the United States where quarters for official business are building of $600,000. This is the n.mount that really ought to be ap- more imperatively demanded than here. propriated for this year. After the most careful estimate, and .a.f-ter The J?OSt-office is 80 cramped for room and in such miserably lighted apartme:~ts reducing it from time to time, the architect bas brought this down that it l8 with the greatest difficulty that the public business can be transacted at all. The difficulties attending the pro~r anslon of mail matter. Still another point worthy of consid- eration is that the business of the Cincinnati office is steadily increasing, and that supervising architect. under the most favorable auspices the building under process of construction can- Mr. RANDALL. That is in time for the election. not be finished for many years. Mr. SAYLER. Yes; in good time for the election. The work will Regarding the custom-house department., its accommodations are as limited and be stopped in Cincinnati, and under this appropriation it will be contracted as the post-office. Appraiser's stores, bonded warehouses, &c., in con- nection with this portion of the service, are scattered broadcast over tho city, in- stopped in Saint Louis; and under this appropriation it will be stopped volving an expense for rent, watchmen, store-keepers, &c., which will al o grow in Chicago. And what do you make by itt A man might as well say with the necessary increase in our trade as a port of entry. While tlrls scatterin~ that he would fasten up his pocket-book and not pay his grocer's bill. abroad is at the same time a burden upon the public, as under the present condi- We are putting up these buildings; they are started; they are go- tion of affairs, it is half a day's journey to properly transact business. As far as the United States court-rooms are concerned, you well know their con- ing on; and now you undertake to make an appropriation of less than dition. They are a. disgrace to a civilized community, indeed but little better than is sufficient to carry on the work. No private individual would do the "black hole of Calcutta" or the hold of a revolutionary prison-ship. his work in that way if he were building for himself. The pension office is in rented quarters ; 80 also the smgeon of ma~ine; so also I hope, therefore, that this amendment will be adopted. I appeal one or more of the route or post-office agents located in this city. There can be no question raised as far as the necessity of the new building is con- to the gentlemen of the committee to accept it. I have no charges to cerned. make against the Committee on Appropriations. I see the chairman A business view of the progress of the work will also lead to the same conclu- of that committee is looking a little bit wolfish just now. sion. BuildinO' mat.erial and labor, both skilled and unskilled, are both alike very Mr. RANDALL. I am not aware of it. low in price. ~d now is the time to build. Again, the thousands of labm·ers and mechanics in our city and vicinity that have been seeking work and finding nono Mr. SAYLER. Perhaps he does not want to be so. I sympathize are certainly entitled to consideration. H you could stand in my place for just one with his general purpose; but he is doing that which is not a measure day and take note of the applicants for work, you would appreciate how great a. of economy, which ~s injuring his own party, and injuring the public boon the Government work ia to 1he hundreds now employed and the many hun- service of the country. dreds more of dependent wives and little ones. Neither are the benefits confined to Cincinnati. The stone used in the construction of the foundations and piers of Mr. RANDALL. This is the first time I have heard it announced the "subbasement" are furnished from Greensbmgh and Saint Paul, Indiana, that we ought to put up public buildings for the purpose of electing either in Mr. HOUIAN's present district or the one he formerly represented. The members of Congress. But, as regards the merits of this question, pitiable appropriation contempla.ted will even cramp these contractors, who are we propose to go slowly in all these public buildings, especially the still delivering stone. The iron-work for the basement and :first story is under con- tract in Louisville; a. portion of the granite is furnished from Missouri; the ce- larger ones, and they will suffer notbinrr thereby. We give to Cin- ment from Louisville; the mills are1 however, in Indiana.; and so on throughout cinnati $'200,000; and there are $82,000 there unexpended which can the soverai departments of the buildm~. be used. Therefore, there is within a fraction of $300,000 for that Regarding another matter in connection with building, I crave your inuul,ence building. We deemed that that, in the present condition of the has to say that the money heretofore expended, as far as I ha.vo controlled it, I know been judiciously and honestly applied. Our record is clean. Neither has the finances of the country, wa.a quite adequate. building and the work connected therewith been made a mere channel of partisan Some of the committee were mther inclined to the sentiments of aggrandizement. I am free to sa.y that as far as :vohtics are concerned I am now the gentleman from New York, [Mr LORD,] who wishes to strike out and always ha•e been a republican; but in the discharge of official duties I have all tho n.ppropriations for public buildings. We think it better not my kept an eye single to the good of tho public service and the interest committed to care. to do that, for the reason that some buildings might be injured and In conclusion, I would urge you and Mr. SAYLER to use your best endeavors to their present structures impaired if no appropriations were made. largely inC\rease the cont~mp1a.ted appropriation. It is certainly a just, economical, Therefore, we went as fa.r as we considered it possible to ~o, and have and an every-way wise thing to do. · Respectfully, appropri&ted something over $2,000,000 for public buildings, against SAMUEL HANNAFORD, something over 4,000,000 appropriated last year. Superintendent United Statu OusWm-house and Post-office, Now, the gentleman alludes to Saint Louis and Chicago. I may as Oinci1mati, Ohio. well meet the case of these two cities just at the threshold of this Hon. H. B. B~NING'... __ House of ILepresentati'Des. discussion. For Saint Louis we appropriated $450,000, and I do not think that the gentlemen from Saint Louis will, in view of the con- Mr. RANDALL. I ask for·a vote. dition of the Treasury, urgently ask for more. Now, as to Chicago, Mr. ATKINS. Wonld it be in order to move to amend the amend- thero is to-day unexpended on the account of the Chicago building . ment! 4042 CONGRESSIONAL RECORD-HOUSE. JUNE 22, The CHAIRMAN. The Chair would state to the gentleman from closed when the consideration of the sundry civil bill is again re· Tennes ee that it is undoubtedly in order to move an amendment to sumed in Committee of the Whole. the amendment. Mr. PAGE. I insist upon my motion for a recess until to-morrow Mr. ATKINS. Then I move as a compromise the proposition to morning at ten o'clock. amend the amendment of the gentleman from Ohio [Mr. SAYLER] Mr. LUTTRELL. I move to amend so as to take a recess until by substituting $300,000 for $400,000. eight o'clock this evening. Mr. RANDALL. You might as well compromise in that way all The amendment of Mr. LUTTRELL was not agreed to; and the mo· through the bill. tion of Mr. PAGE was not agreed to. Mr. SAYLER. I believe tha,t $300,000 would carry us through the The question recurred upon the motion of Mr. RANDALL to close summer, and therefore I will accept the amendment offered by tho debate on the pending paragraph of the sundry civil bill. member of the Committee on Appropriations. Mr. BANNING. I wish to ask the gentleman a qneMtion. Mr. RANDALL. I ask for a vote. Mr. RANDALL. Let us have a vote. Mr. SAYLER. I object to being interrupted by the chairman of Mr. BANNING. Will not the gentleman listen to a question t the Committee on Appropriations; he does not quite own this Honse, Mr. RANDALL. Not now. so far a I know. The motion to limit debate was then agreed to; and the motion to Mr. RANDALL. I believe the Chair recognized me to ask for a go into Committee of the Whole was agreed to. vote. SUNDRY CIVIL APPROPRIATION BILL. The CHAIRMAN. The Chair recognized the gentleman from Penn- sylvania. The House accordingly resolved itself into Committee of the Whole, Mr. RANDALL. Then I move that the committee rise for the pur- and resumed the consideration of the bil1 (H. R. !\ o. 3749) making po e of closing the debate on the pending paragraph. appropriations for sundry civil expenses of the Government for the Mr. O'NEILL. Does that include the whole of the appropriations fiscal year ending June 30, 1877, and for other purposes. for public buildings T The pending paragraph was the following : The CH.A.IRM.AN. It does not; it includes only the clause now Custom.house and post-office, Cincinnati, Ohio; for continuation of building, under consideration. t200,000. The motion was agreed to. The pending amendment was the amendment of Mr. SAYLER, as The committee accordingly rose; and the Speaker pro tcrnpore hav- modified by accepting the amendment of Mr. ATKINS, to strike out ing taken the chair, Mr. BLACKBURN reported that the Committee of 200,000 and insert 300,000. the Whole on the state of the Union havin~ had under consideration The CHAIRMAN. By order of the House all debate upon the pend- the Union generally, and particularly the bill (H. R. No. 3749) making ing paragraph is exhausted. appropriations for sundry civil expenses of the Government for the The question was taken upon the amendment of Mr. SAYLER, as fiscal year ending June 30, 1877, and for other purposes, had come to modified; and upon a division there were-ayes 68, noes 66. no resolution thereon. Mr. RANDALL. No quorum has voted, and I call for tellers. ENROLLED BILLS SIGNED. Tellers were ordered; and Mr. RANDALL and Mr. BANNING were ap- pointed. Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, The committee again divided; and the tellers reported that there reported that they had examined and found truly enrolled bills of were-ayes 67, noes 68. the following titles; when the Speaker signed the same: Pending the announcement of the result of the vote, An act (H. R. No. 1846) authorizing the retirement of Colonel W. Mr. RANDALL said: .A. majority having voted against the amend- H. Emory with t,h e rank and pay of a brigadier-general; ment, it is rejected. In order to avoid the point of orde1· that no An act (H. R. No. 1989) granting a pension to Robert Cavanaugh; h ted, I ·ll· t t th t th d .A.n act (H. R. No. 2198) granting a pension to Mrs. Martha R. Robin- quorum as vo am WI mg 0 consen a e amen ment may be offered in the Honse and a vote taken upon it. If the Honse will son, of Portsmouth, Ohio; k dt · th t f bl' build' · .A.n act (H. R. No. 28'24) to change the name of the steamboat Para- rna e a recor 0 mcrea~e e amonn s or pu IC mgs, It will re- lieve the Committee on Appropriations from all responsibility. gon, of Pittsburgh, Pennsylvania; Th CHAIRMAN I th b · t' to th 6 't' f h .A.n act (H. R. No. 2849) for the relief of William Rule, postmaster e · s ere 0 ~ec ton proposi Ion o t e gen- tleman from Pennsylvania f at Knoxville, Tennessee; There wa~ no objection, and it was so ordered . .A.n act (S. No. 558) making a further appropriation for the erection Mr. CAULFIELD. I move to insert after the pending paragraph of Government buildings in Dover, Delaware; and th f 0 ll · An act (S. No. 770) for the relief of Judson S. Post, of Missouri, late e owmg: disbursing officer of the United States Navy. Custom-house and post-office, Chioago, Dlinois, for continuing the building, • $250,000. LEAVE OF ABSENCE. The custom-house and post-office building at Chicago, in conse- Mr. CLYMER was granted leave of absence for two weeks. quence of some defect in the foundation, was delayed during nearly Mr. HEWITT, of New York, was granted leave of absence until the the whole building season of last year, and hence after the work was 6th of July. recommenced in the month of August or SeptemlJer but a compara- Mr. MONROE was granted leave of absence for ten days on account tively small amount of work could be done. of ill-health. The CH.A.IRl\I.A.N, (there being much confusion in the Hall.) The Mr. VAN VoRHEs was granted leave of absence until Saturday next. gentleman from illinois will suspend until order iB restored in the Mr. CoOHRAN was granted leave of absence until the 6th of July. committee. Mr. CHAPIN was granted leave of absence for fifteen days. Mr. RANDALL. .A.s the committee seems to be somewhat restive Mr..M.A.CKEY, of South Carolina, was granted leave of absence for I move that the committee now take a recess until eight o'clock this ten days. evening. Mr. WILLIAMS, of Wisconsin, was granted leave of absence for :Mr. PAGE. I move to amend so as to take a recess umil ten o'clock twenty days. to-morrow morning. Mr. ELY was granted leave of absence for one week. Mr. HOAR. I rise to a parliamentary inquiry. If the committee Mr. WALKER, of Virginia, was granted leave of absence for ten days. now takes a recess, what becomes of the House in tho mean time t Mr. HoAR was granted leave of absence for one week. My point of order is that the Committee of the Whole cannot take a Mr. MUTCHLER was granted leave of absence until July 2. recess. WITHDRAWAL OF PAPERS. The CHA.IRM.A.N. In the judgment of the Chair it is competent Mr. WHITTHORNE asked, and obtained, leave for the withdrawal for the committee to take a recess without rising and going back into the House. of the papers in the case of F. F. McLaurin, now before the Commit- Mr. HOAR. The Chair will permit me to bow in wonder at his tee on War Claims and not acted on. decision. ORDER OF BUSINESS. The CHAIRMAN. The question is on the motion of the gentleman Mr. RANDALL. I now move that the Honse resolve itself into from California [Mr. PAGE] to take a recess until to-morrow morn- Committee of the Whole for the purpose of proceeding with the con- ing at ten o'clock. sideration of the sundry civil appropriation bill. Pending that mo- The question was taken; and upon a division there were-ayes 54, tion, I move that debate on all the paragraphs relating to public noes 71. buildings shall be limited to five minutes for and five minutes against So the motion was not agreed to. each para~raph. The CHAIRMAN. The Chair desires now to say that upon con- Mr. THORNBURGH. Pending that motion, I move that the House sultation with the Speaker pro tcmpm·e of the Honse, whose con:. now adjomn. · ' viction seems to be clear that it is not competent for the Committee Mr. PAGE. I move that the House take a recess until to-morrow of the Whole to take a recess without rising and going back into the mornin(J' at ten o'clock. House, in deference to that opinion the Chair a~ks to withdraw his The §PEAKER pro tempore. The motion to adjourn takes pre- ruling, although the present occupant of the chair is still thoroughly cedence of the motion for a recess. and clearly convinced that it is competent for the committoe to take The question was taken upon the motion to adjourn; and it was a recess. not agreed to, upon a division-ayes 16, noes not counted. Mr. RANDALL. I want to say that if I were in the chair I wonld Mr. RANDALL. I will modify my motion in regunl to limiting de- give the same decision. I move that the committee rise. bate, and will move that all ffice at Chicago, Illinois. With this sum made available, in addition to Mr. RANDALL. I move also that the Senate amendments be printed. uponbalance the now in the Treasury, I feel confident of being able to place the roof the building and protect the work from the severities of the coming winter The motion was agreed to. season, and advance the entire work during that season to such a point as will en· The SPEAKER pro tempo1'e announced the appointment of Mr. RAN- able me to fit the building for the accommodation of the Post-Office Depart.ment on DALL, Mr. SPARKS, and Mr. HURLBUT as the committee of conference. or before the 4th of .July, 1817. I cannoturgetoostronglythema.king of this appro- Mr. RANDALL. I move that the House now take a recess till priation, the necessity for which is apparent from the fact that the public offices in Chicago are now located in buildings totally unsuited to their want~? 1 and for which eight o'clock. enormous rentals are paid annually. The work upon the new buildin"' has been Mr. PAGE. I move to amend the motion so as to provide that the delayed by a series of events unequaled in the construction of any builaing under recess be until eleven o'clock to-morrow morning. the direction of this office, and its completion at an early day is not only a neces- sity to supply the demands of the public seryjce, but will result ln a large saving The amendment was not agreed to. · to the Government from rentals and furnish proper facilities for the citizens of The motion of Mr. RANDALL wa-s agreed to; and accordingly (at Chica.a-o. five o'clock and thirty-five minutes p.m.) the House took a recess. Very respectfully, WM. A. POTTER, Supervibing Architect. EVENING SESSION. Mr. RANDALL. Mr. Chairman, the amount which remained there The recess having expired, the House re-a.ssembled at eight o'clock when tho committee made the investigation on this subject was p. m. and was called to order by the Speaker pro ternpore. $631,892 unexpended, but there were claims against that which re- SUNDRY CIVIL APPROPRIATION BILL. duced the amount to $596,216. Mr. CAULFIELD. Will the gentleman allow me to ask whether Mr. RANDALL. I move the House resolve itself into Commit- there were not claims against that sum Y tee of the Whole on the state of the Union on the sundry civil appro- Mr. RANDALL. I have given the statement as it was given to priation bill. me, and I believe it to be correct. Now, the gentleman is mistaken, The motion was agreed to. . for this $250,000 which is asked is for the continuation of the building. The House accordingly resolved itself into Committee of the Whole Mr. CAULFIELD. Certainly. on the state of the Union, (Mr. BLACKBURN in the chair,) on the bill Mr. RANDALL. So that the $250,000 is not sufficient to complete (H. R. No. 3749) making appropriations for sundry civil expenses of the .building at all. There are $596,000 to be expended during this the Government for the fiscal year ending J nne 30, 1877, and for other year, which is $150,000 more than we have allowed to be expended purposes. during the next fi~:~cal year on any other building in the United States, The pending amendment was that offered by Mr. CAULFIELD, to and yet they are not satisfied. They want to add $250,000 more, which insert after line 458 the following : makes $850,000 on this building; $400,000 more than we have recom- Custom-house and post-office, Chicago, illinois, for the continuation of building, mended on any public building in the United States. $250,000. Under these circumstances I think the gentleman ought not to press .Mr. CAULFIELD. Mr. Chairman, at the time the recess was taken the amendment. The policy of the committee has been in respect to I was showing that the progress of the building in Chicago had been these public buildings as far as possible to finish as many of the small impeded by the fact that a defect was discovered in the foundation buildings as possible. A.nd you will observe in these appropriations of the building just before the building season commenced last year. that the smaller buildings have been ~ven the preference in this re- The construction of the building was thus delayed, and was not re- spect and that the cutting off has been rn reference to the larger build- commenced, I think, until September. During the interval, however, ings. For instance, we cut ofi' Philade~hia $400,000 ; we cut off Saint stone bad accumulated upon the ground and at the places where it Louis $300,000; we cut off Cincinnati $200,000; we cut off New York was being dressed, and when the work was recommenced it was nec- $200,000. We . cut off from the larger buildings which could not be essary that large amounts of money then on hand should be paid out completed during the next fiscal year where we could do the work in consummation of contracts already begun. The work has been slowly and threw in toward the smaller buildings enough money in going on since that time until now. The walls of the building are that way so as to complete them. yet by no means completed. I think it was a wise proceeding, and I hope the Honse will not It is alleged by the chairman that there is now on hand a large disturb the policy agreed upon by the committee. We feel that at amount of money with which to go on with the construction of this this time two millions and more of dollars was all that could properly building. In the presence of the chairman of this committee and Mr. be exp~nded from the Treasury of the United States for these public lioLMAN, of the Committee on Appropriations, I had an interview the buildings. La-st year when we had struck the decrease in the revenue other day with the Government Architect, Mr. Potte::-, to whom I put which we are now beginning to realize, we gave more than four mill- the question whether the money now on hand was sufficient to go on ions. Now, we thought there was great liberality in proposing to give with the building until another appropriation could be made in course $2,000,000 and more to public buildings of the United States out of of time. He rep1ied that the money now on hand would not put the the public Treasury. building under cover; that if it should be allowed to remain without Mr. CAULFIELD. Let me correct an erroneous statement: cover for the winter, it would be materially damaged; but if $250,000 Mr. RANDALL. Go on. were appropriated now, it would enable him to put the building un- Mr. CAULFIELD. The gentleman misunderstood me or I did not der cover and to go on with the work upon the interior of the build- make myself intelligible if ho supposed I said that the $250,000 was ing during the wmte:r season. In that state of affairs he would ex- sufficient to complete the building. I did not say so, and I did not pect to be able to complete the building in a year from this time. intend to be so understood. What I say is that if 250,000 is appro- Instead of the appropriation of this 250,000 being contrary to priated it will enable the Architect to put the roof on the building, economy, it would be a matter of great economy, for the reason that and to do work on the inside of the building durin~ the winter season. if it be not appropriated the completion of the buildin~ will be post- Otherwise if the roof is not put on the building 1t will be damaged poned probably for another year. The Government 1s now paying for the want of a roof during the winter. · from $40,000 to $50,000 annually as rent for buildings occupied for Mr. RANDALL. One word more. This letter of the Architect ie conrt-rooms, marshal's offices, and for the post-office. That expendi- the same old story as to every public building. It is the same state- ture will have to be continued as long as the building remains in an ment beforo our committee. It is a natural statement, and I am not incompleto condition. surprised at it. Here is an officer of the Government who has made It will also be remembered that Chicago has suffered very much by his estimates. He has made them $5,300,000, and it is the most nat- the fire which occurred in 1871; that thousands of her working-peo- ural thing in the world that he should adhere rigidly, so far as he ple were deprived of employment, and that the construction of this can, to them. He does not realize, as we do, the terrible embarrass- building afforded to those poor men the means of a scanty livelihood ment to commerce and trade of every description, to the manufactur- when their homes had been burned and they had been thrown upon ing, industrial, and agricultural interests of the country. We see it the cold world's charity. Those men were again thrown out of work and hear of it every day. for the whole season oflast year, until September, when a few of them Mr. HARRISON. I make the pro form.a amendment of striking were again employed. As the work progressed the ordinary number out the last word. of men was finally engaged upon the building; but if the work be Now, Mr. Chairman, the cl1airman of the Committee on Appropri:1- stopped, they will be again out of employment. They will then ha.ve tions assumes that of course the Architect will make a false statement 4044 CONGRESSIONAL RECORD-HOUSE. JuNE 22, to this. Honse. What right bas the chairman to say be knows better whisky to be shipped to the East to manufacturers, and they ship it than the Architect what ought to be done there 7 Docs the chairman ba{lk to us, doctored up, watered, and adulterater1 with 100 per cent. nf the Committee on Appropriations understand these things so" ell f of profit, and we consume it. That is the way the \Vest pays t-he There are five bundrecl and odd thousand dollan; yet unexpended, but taxes of this Government. And whyt Because the Ea t keeps men owing to the fact that the mat.erials have been accumulating for in Congress here who manage to do something for it. The Ea-st kee11s nearly a year while that building was stopped without any fault of them here, and th~ work for the interest of the East and the detri- our people, this five hundred and odd thousand dollars will be ex- ment of the West. And my republican friends will drive out evel'y ba.usted. The stone will be cut and placed in that building before single democrat from the West, and this fall we may have the mi - thcmidilleofnextOctober. Then what will beitsconditionf Under fortune to elect another I'epublican President, [cries from the demo- the laws of the United States the Architect can make no contract for cratic side of "No, never!" and laughter,] if you gentlemen on the the roof of that building until the appropriation has been made. In democratic side of this House do not act more wisely. the middle of next October you will find that building with $3,000,000 Mr. LE MOYNE. I take the liberty of trespassing for a few mo- expended in one of the worst climates for a building in such condition ments on the patience of the committee to make a very short state- in the world, subject to larger vicissitudes of weatherthananyother ment in explanatiou of the reasons why Chicago asks for a small ap- city in America is subject to. Three million dollars' worth of build- propriation. As I look over this bill I see how large appropriations ing without a roof! And I know whereof I speak, because I am an are made for some of the other cities, and at the same time the chair- O"\': uer and builder in Chicago. I know that this building now erected man of the committee stated that these are greatly reduced f1·om for- to tho cost of . 3,000,000 will deteriorate inside of the six months of mer appropriations, and when I consider the amount that Chicacro winter a lar~e part of the amount now asked by tho Architect if left asks I can only again be reminded of the extreme modesty of Chi - exposed durmg the winter weather. The gentleman laughs. I have cago. seen a building in Chicago thrown out of plumb six inches by one Now, sir, I have always been in favor of retrenchment and econ- winter's ''freeze." It was a question last year whether the freeze it- omy, but I am opposed to this kind of economy which takes in at the self was not what was the matter with that building, instead of the spigot and lets out at the bung-hole, and it seems to me that this fault of the architect. Six or seven architflcts there consulted, and matter is going in that direction. In 1871, prior to the fire, Chicago they never determined whether it was the fault of the original archi- had a building which accommodated the post-office and custom-house tect in laying his foundations or the freeze. and the courts of the United States. The fire consumed the roof of Now, sir, are you going to leave three millions of property uncov- that building a.nd the inside part of it, but did not destroy tho walls. ered and unprotected-for wbatf To save $250,000Y No, sir; but to The walls were lef.t standing. Sir, that building could have been re- save an advance of '250,000 for one year. In tho city of Chicago we paired for the use of the Government at the estimated co ·t of $400,000. pay ';1 17,000 for a. post-office; $251000 for a custom-house; $21500 for Some enterprising person, conceiving that it would be better for in- an appraiser's office and stores ; m all, $44,500. And here, with two dividual purposes to put up a new building an"d rent it to the Gov- million five hundred thousand dollars' worth of buildings already ernment instead of improving what remained of the old building by erected, this economical committee, that has got economy on the putting a roof on, constru~ted a new building, which was rented to brain so much that it cannot see out of the rut m which it is placed, the Government, and the rent agreed upon was $25,000 a year on a refuses to advance simply $250,000, and allows 2,500,000 to be de- three years' lease. That lease was taken. Now at that time that stroyed. wa-s an extremely high rent, but the Government was at the mercy [Here the hammer fell.] of the man who owned that building. I do not know why, but I Mr. BURCHARD of Wisconsin. I rise to oppose the p1·o forma suppose because the Government could not do otherwise than pay tho amendment, and yieid my time in opposition to it to my distinguished rent. friend from Chicago, [Mr. HARRISON.] I understand gentlemen here to say that the reason why the Gov- 1\fr. HARRISON. I thank the gentleman from Wisconsin for his ernment had to pay so high a rent wa.s because the Government had courtesy. nothing hut greenbacks to pay it with. That building did not accom- Now, 1\Ir. Chairman, we as agents of this great country should net modate all the wants of the Government in the city of Chicago. The hm·e aa business men. If I have to rent a store for 10,000 and I can Government was compelled to rent a church and paid for that church borrow money enough to build it at a cost per annum of 500, would ·20,000 a year. 'l'hey could not refit the building which the Govern- not I be thought a simpleton if I did not borrow the money and go ment owned but they could fit up the church. The total amount on and build, and by·buHding save my rent f now paid for rent for Federal offices in Chicago is $54,000 a year. They say here that the Government has no money. Sir, the Gov- Now this lease has been made for the accommodation of the United ernment has the best of all money; it baa boundless credit. It can States courts for three years. I never knew why this chmch was borrow a.s much as it -pleases at 5 per cent. 'l'wo hundred and fifty taken for the use of the Go\"'ernment except that it adjoins the rooms thousand dollars co ts the Government 12,500 per annum by borrow- of the Young Men's Christian Association, and it might be that when ing this money, if we have it not. But 1 do not believe that we will the distillers came there to pay their taxes they would be inflnencecl have to borrow a single dollar. We simply put it out of one pocket by the sanctity of the Young .Men's Christian Association and mn,ke and it returns to the other. We simply circulate it. We are rich to- honest returns. I am sorry to say that the experiment failed. Even day; but we seem to be poor because the money stands still in the t.hen the wants of the Government were not supplied, and they vaults of the Treasury. Let it circulate. Erect buildings, or rather had to make a new lease for three years for the post-office at a rent finish those buildings commenced. Give labor employment, and thus of $25,000 for that same back-building. The post-office ncey republicans Y appropriation of $20,000 to finish this building. I do not know upon Mr. CHITTENDEN. I was elected from the city of Brooklyn, where what estimates gentlemen think that the work can be done for $5,000. I have lived for thirty years, and in my jnilgment I had a few more It must be in harmony with the rule that seems to prevail here, that democratic votes than republican; but I wish to say that before the when $3,000 is asked for 1,000 is appropriated. I am surprised that election democrats came to me saying that they were going to vote they do not cut off the appropriation entirely; that would be re- for me, and warned me not to be anything else but a republican. I ·trenchment. Why do they not shut up the courts of justice, discon- shoult Trenton, New reductions are made up of litt le items. All human things are little, Jersey, e;M.923.37. considered comparatively. Why, my friend from Ohio [Mr. FosTER] I hold in my hand a letter from the Supervising Architect, in which is not 38 large as the Rocky Mountains; he could not touch the be states that the sum proposed in my amendment will be necessary HimalayaB, nor the Andes, nor the f..lps, and, compared to the moons to complete the building which is in course of erection in Trenton, of Jupiter, he is nowhere in creati. 1n. [Laughter.] New Jersey. I think it must be apparent to the mind of every busi- All things are comparative. Let us not despise small men or small ness man that as a matter of economy purely it would be well to make thin~s. Why, sir, Isaac Newton, who discovered the great law of this appropriat ion. In the event of its not being made, the money grnmtation, which holds by its unseen bauds all the stars together, already appropriated will be expended by the month of August next; was born a very little baby, that went into a quart cup. [Laughter.] the building will be left without a roof during tho coming winter, All things are littlA. Why, sir, the huma.n race fell because of some and the Government will necessru:ily be put to the expense of renting person- I think it was a female-eating a little apple. [Laughter.] for another year the buildings both for post-office and conrt-house The apple that William Tell shot at was little; and the apple that purposes. Tho sum paid annually for the rent of those two buildings fell on the head of Newton and taught him gravitation was little. is the larger part of the amount of money necessary to finish the The acorn is little compared with the oak. building already so nearly completed. I once had occasion here to speak about the moth, and to kill an These considerations, if there were no others, it strikes me, are suf- appropriation which I supposed was of little account. But when my ficient to induce every candid, honest-minded man who is disposed to distinguished friend from Pennsylvania, in a subsequent session, I · economy, who if he had a matter of business on hand of the same kind think, looked after it, he found . it running up to nearly half a mill- would be sure to pursue the course of finishing it under the circum- ion dollars which you had been voting. It was nothing but the little stances, to vote for this appropriation. I am of the opinion that Sol- moth eating out the very vitals of the country, and feeding on cloth- omon in his day knew almost as much as some of our modern financiers ing besides. [Laughter.] know to-day. You know that he uttered this proverb: "There is that You call these little things. Why, sir, I read the other day that which scattereth, and yet increaseth; and there is that withholdeth if all the power used in Illinois during a single summer to crush out more than is meet, but it"tendeth to poverty." I think t hat is good the flies-to say "shoo fly!" to those little creatures-were properly doctrine to-day. We farmers understand that.. When we become so collected and utilized, it would suffice to run the gigantic Corliss stingy that we will not properly feed our stock, they get poor. When engine at Philadelphia. we become so penurious that we will not feed our land, we fail to get Do not despise the day of small things. Sixty-three million dol- a cro:p. I think it evident that this proverb may be applied to the lars we have saved already in the appropriations! We would save case m hand. The application of about $34,000 is all that is needed more bnt for your :filibustering to-day. Do you remember how you to save that amount in rent in the short space of two years. did it f 0, I was mortified after all your profession of economy. Besides, the practical result will be good in giving employment to How good yon were at the beginning of the session! How you de- men who are willing and anxious to work. We are not asking the Jlared t·h at yon wanted to assist us I Yet to-day, when we were doing Government to issue ~old-bearing bonds to be sent into a foreign :ill we could to further the bill, the Senate being so much behinu, the country in order to fimsh this building. These men, perhaps, would end of the :fiscal year near at hand, and a. dead lock threatened, you be idle if this work were not done. This view of the subject seems filibustered to avert, if possible, some cata-strophe, I suppose, on the to me a powerful reaBon in favor of doing the work and doing it now. lst of July. - I undertake to say, without fear of successful contradiction, that no Mr. RANDALL. I now ask for a vote. intelligent business man within the sound of my voice would fail to Mr. COX. I withdraw my amendment. finish the building if his own personal interest s were involved and if T}le Clerk read as follows : the surrounding circumstances were snch as they are here. Post-office and court-house, Phila.delJ;~hia.1 • Penns,Ylvania.: For contuluation of [Here the hammer fell.] · building, $350,000; robe used in completing me foundation and setting the st;Qne of Mr. RANDALL. ·There is an unexpended balance of appropriation the first story. for this building of more than ·ts,ooo. The committee deemed that Mr. LORD. I move in line 487 to strike out "three" and insert sufficient for the present. "two;" so it will read $250,000, instead of $350,000. Mr. HAMILTON, of New Jersey. That is not sufficient to put a 1\h'. Chairman, I will say in regard to that 61Ilendment that I am roof on the building. Several hundred thousand dollars have been so much pleased with the work of the Committee on Appropriations expended on this building ; and it only needs the roof. I hope there that I think the Honse ou~ht to enconrago it. I do not think the will be no objection to this appropriation of $34,000. gentleman from Philadelplna willseriouslyoppose it. Two hundred Mr. RANDALL. I call for a vote. and fifty thousand dollars is sufficient for the object proposed, at least The amendment was not agreed to; there being ayes 49, noes no t at the present time. counted. Mr. RANDALL. The Honse must exercise its best judgment on Mr. COX. For the purpose of making a remark, I move to strike this amendment. ont the 1ast word. I know very well that a great many appropria- Mr. LORD. I want to st ate to the gentleman from Pennsylvania tions made in this bill and in other bills were rendered necessary by that I propose to deduct the same sum of $100,000 from the appropri- certain beginnings in the outgoing administration. Gentlemen know ationfor the post-office of the State of New York. to what administration I refer, without making ruyselfmore explicit. Mr. RANDALL. I hope yon will not do that. We have cnt New Mr. KELLEY. That of Andrew Johnson t York. Mr. COX. The gentleman will find out before I am through. Mr. LORD. Then I will confine myself at present to t.his amend- A great man y criticisms upon this side have been made because the ment. IV--25. 4050 CONGRESSIONAL RECORD-HOUSE. JuNE 22, M:r. LE MOYNE. 1 move to amend in line 487 by striking out the The CHAffiMAN. The Chair does not refer to the gentleman from words "300," so as to leave the appropriation $50,000 instead of $350,- Pennsylvania. 000. M:r. ATKINS. I ask ~y colleague on the committee what was the M:r. Chairman, n few dnys ago, while on a visit ·to Philadelphia, I estimate for this building at Philadelphia f was put in a room in the hotel where the window opened out upon Mr. RANDALL. The estimate was 750,000. the ground where these public buildillgs are to be erected. I saw the Mr. _ATKINS. Then the appropriation is less than half the esti- ground upon which it is proposed to erect this post-office and court- m~tteT house at Philadelphia, and I never saw a more promising field for Mr. RANDALL. It is less than half the estimate. I think after economy in my life. There is nothing on the lot except some derricks the statement of facts I have given the House will see that I have and a board-fence. There is nothing there which needs protection. been entirely consist.ent in all my acts in the Committee on Appro- There are no walls to be finished. Now it is proposed by this provis~ priations, whether in reg:ud to my own city or in regard to other ion which is recommended by the Committee on Appropri.n,tions, not to cities. fence in the lot, not to cover in any building which may be destroyed M:r. WHITE. Will the gentlemen allow me to ask him, is this one if not protected, but to put 350,000 in the foundation ·.vbich bus yet of the little things spoken of py the gentleman from New York' to be commenced. Mr. RANDALL. I had nothing to do with the starting of this I henxd the chairman of the Committee on Appropriations a moment building. When this building was shrted my voice wa.s very small ago say that it wa-s a sufficient reason for not making an appropri~ in this House. tion for some place out West that the building had not yet been begun. Mr. WIDTE. Is this one of the little drops of water or one of the Well, if the ~arne reason be applied in this case, why should 350,000 grains of sand spoken of by the gentleman from New York f be appropriated to put in a foundation for these public buildings in Mr. LORD. I wish to ask the gentleman from Pennsylvania what the city of Philadelphia which have not yet been begun t If the the estimate of 750,000 was intended to cover f stone has been contracted for, as I am told it is, it will keep. The Mr. RANDALL. I am told that it was to pay for more stone. That • stone will keep there just as it has done in the city of Chicago. They is the reason I am in a measure reconciled to the reduction. They have been kept in Chicago, and it is proposed by this committee to h:we got stone for the first, second, and third stories there, and they keep them a while longer. If they will keep in Chicago, they will want more money to buy more stone from the State of Maine. I do keep in Philadelphia just as well. not want any more stone bought or paid for until the stone they have Mr. Chairman, I have heard it stated on this floor that the people has been set. It is a plain business transaction. are demanding to have in all things economy; that the Treasury is :Mr. O'NEILL. I have been somewhat responsible to the extent of de~leted, and that economy is now compulsory. I therefore persist my vote and to the extent of my action in the last Congress in the in saying that Philadelphia, to which we have given one million and Committee on Appropriations for continuing the building of the post- a half a-s bounty, is a bad place to begin now to put in foundations. office and court-house at Philadelphia, and I have been responsible [Here the hammer fell.] in other Congresses in trying to get the Congress of the United States Mr. PAGE. I hope the appropriation for the post-office at Phila- to give Philadelphia a building worthy of that city. In former Con- delphia will not be cut down. The well-known liberality of the gresses I have voted for millions upon millions for the New York chairman of the Committee on Appropriations ought to satisfy this post-office, and I did it willingly and with pleasure. I also have House, in my judgment, that in his own city this appropriation oughb voted for millions upon millions for the post-office in the city of Bos- to be made at $.'350,000. The gentleman from Indiana had an appro- ton; the New York post-office, I think, costing some $12,000,000 and prin.tion for the Evansville post-office fully up to the estimate while the Boston post-office 8,000,000. all other appropriations have been cut down. I think it no more than I intend to propose before we get through with this paragraph to just this House should recognize the distinguished services of the strike out the $350,000 put in by the Committee on Appropriations gentleman from Pennsylvania just as well as those of the gentleman and to insert in its place $750,000, that being the amount for each of from Indiana, and it should give them for their respective cities and the past two years given by Congress toward the completion of tha.t States all they ask. I think it would be a gross act of injustice if building. There wa first expended about one and a half millions in this House should vote, after the magnanimity displayed by the the purchase of a lot in a situation very convenient to the business gen•lernan from Pennsylvania and the gentleman from Indiana, to of Philadelphia. I stand by the estimate made by the Supervising eul down a dollar on the approprin,tions asked for their respective Arcbit,ect of the Treasury, for I think he understands what he is about, States. and I think he is a gentleman upon whom we can rely. Mr. RANDALL. 1 take no favor from anybody in connection with I care not whether this money has been expended for cutting gran- any appropriation. If it is not in the public interest, vote it out. ite or not. You cannot put up a large building without having tho But I wish to say a word more. The committee has cut this appro- stone cut long in advance of the day when you are to use it. I think priation more severely than any other appropriation of the bill re- the chairman of the Committee on ApproprL1.tions ought to under- lating to public buildings. These are the facts: There has been stand, after gJl the attention he has given to these public buildings appropriated for that building $3,000,000. Nearly 1,500,000 went all over the United States, that you cannot put up a large building .. for the lot. Eight hundred and odd thousand was expended in the l' urchat;e of stone in the State of Maine for the first, second, and third stories. They pmchased improperly, as I think, for the first, second, unless you have the stqne cut and prepared days and weeks and months before it is to be used. And if the money heretofore appro- priated has gone principally for the purpose of getting out the gran- and t:..ird. stories under contract before they had made a contract for ite, it has gone well and properly. And now we want the appropria- supplying the foundation stone. I cannot condemn in too severe lan- tion to continue to build that post-office and court-house, and the guage suc.;h a contract. amount for the next fiscal year to be $750,000. If that building is to be gone on with at all, the foundation, in my Perhaps, Mr. Chairman, I am too fond of referring to the city of opinion, should be completed. That is all we ask, or aU that is asked, Philadelphia. But I will state it as a fact-I do not refer to it with so far a I know, by the committee-that the foundation stone shall be a ~ of bragging up the city of Philadelphia, but it is right that supplied and the stone for the first story shn.Il be set during the next the House should know it-that th..'l>t city is increasing at the rate uf year. The architect of that post-office has been knocking at the door one square mile of houses every two years, and that that increase hns of the Committee on Appropriations all this winter asking for that gone on for the last eight years. And, wonderful to rela.te, in spite deficiency in order that the work may be continued. of all the hard times, in spite of all the difficulties in the last six: But lest I should be charged-! say it here-with some sort of fa- years, that city has built within its borders over five thousand houses voritism because of the position I occupy, I have not urged a dollar in each of those years. of deficiency for that building to continue the work. The building I often bear my colleague [Mr. KELLEY] speak of the want of em- has stood idle in consequence, and I have received severe condemna- ployment for labor in the city of Philadelphia. I grant that he knows tion at home because of that fact, of my determination to be consist- a great deal about it, for be has given to that subject the study of ent upon these matters. years. But, in spite o.f that, in the last twelve months and in the Mr. HURLBUT. Will the gentleman allow me to a.sk him whether twelve months preceding that, eleven thousand houses have been any part of the foundation has yet been laid T built within its limits and thousands of mechanics and laboring-men, Mr. RANDALL. 0, yes. willing to take employment at such wages as offered, have had it Mr. HURLBUT. This says, "to be used in completing the found~ upon these buildings-- tion." [Here the hammer fell.] Mr. RANDALL. There has, I think, been three hundred thousand Mr. WHITE. If I understand this proposition, it is to appropriate dollars' worth of stone. placed in the foundation. There ha-s, how- for tho city of Philadelphia $350,000 to build a post-office that is not ever, been not more than $325,000 expended in the city of Philadelphia needed. If I am correctly informed, they have a post-office there that in connection with this building, omitting the money expended for is good .for a century. And not only is it proposed to appropriate the purchase of the lot. this $350,000 now, but it is intimated by the gentleman from Penn- Now, all I want is that the appropriation shall be sufficient to buy sylvania [M:r. O'NEILL] that he desires to ask in the futme, if not the balance of the foundation-stone necessary, and to set the stone just now, for as much more. of the first story, already paid for; and I want that this money shall Now, I desire to enter my protest here against this reckles~ ex- ' he expended in the manner in which every man who ha-s a house to penditure of the public money. The chairman of the Committee on build builds it-right from the foundation up. Appropriations ba-s told us all along that he is in favor of retrench- The CHAIRMAN. Gentlemen will remember that it is contrary to ment and reform. In evidence of that, the Committee on Appropria- the rules to smoke within the bar of the House. tions went into the Interior Department and propose to cut off one Mr. RANDALL. I am not smoking. ~Laughter.] hundred clerks in the Pension Burean, when I am informed by the 1876. CONGRESSIONAL RECORD-HOUSE. 4051 Commissioner of Pensions that that Bureau has been running behind Mr. FORT. The cha.1rman of the Committee on Commerce. I be- at the rate of one thousand cases per month for the last nine months, lieve, is from West Virginia. · and that it requires, instead of a reduction of one hundred clerks, one Mr. RANDALL. You said that the Committee on Appropriations hnndred additional clerks to enable them to catch up with the busi- made it. . ness by the 1st of January next. Is this the economy, retrenchment, Mr. FORT. The appropriations were made by this House. and reform that the gentleman from Pennsylvania proposes to give us t Mr. LUTTRELL. While the gentlema.n is speaking in favor of Chi- Three hundred and fifty thousand dollars to Philadelphia for a post- c::Lgo, :Ulow me to sst.y that in San Francisco we have no post-office office ! Three hundred and fifty thousand dollars more at the next building. opportunity! You cut off the clerks of the Pension Office, whose duty Mr. FORT. I submit that in all hirness if the Committee on Ap- it should be to see that the poor pensioners sco,ttered all over the coun- proprin.tions is going to turn its back on Chicago, a city which I think try are paid the pittance which the Government grants them. Sir, has claims here, you should not see that Philadelphia, because she I protest against it. - h!!,ppens to hn.ve the chairm:1>n of that committee representing her, Again, if you go to distant portions of the country, we have no gets an appropriation of $350,000 to be expended upon her post-office. post-office buildings for ns in the remote portions of the country. It has been said that the gentleman from Indiana [Mr. HoLMAN] has The Postmaster-General is compelled by the lack of funds not to put got every single cent for public buildings in his State that the esti- service on routes established by law, and yet the gentleman pro- mates call for. Why is itt It is reaJly wonderful how the Commit- poses to give $350,000 for a post-office in Philadelphia.. He is not tee on Appropriations will take care of their own cities and then turn satisfied with having a great centennial humbug there this year, but upon another city that has no representative upon that committee he must have a new post-office there. and strike out every dollar recommended for that city. A little while ago a post-office was burned down in a town in my Mr. SPARKS. Does not the gentleman from Illinois [Mr. FORT] district, and a li,ttle box worth $50 was destroyed. They applied to know that the city of Philadelphia is a.sking for $750,000, a.nd the the Post-Office Department to get a new box, and the Post-Office De- chiDrman of the Committee on Appropriations has cut it down to partment replied that there was no appropriation for that purpose; 350,000! . and yet the gentleman from Pennsylvn.nia proposes to give $350,000 Mr. FORT. Why should she have $3!>0,000 T for a post-office in his own city; and, sir, I protest against it. It is Mr. RANDALL. Why do yon not stick to facts T unjust. If you are in favor of economy and reform, I ask you to Mr. FORT. Keep cool. The spirit of economy ha.s come to the show it by your acts, and net by your preaching. gentleman very lately; since the last presidential election. He now Mr. O'NEILL. I do not want to consume the time unnecessarily. gets up here and lectures this side of the House almost every day for I want to go right along with the business before us; and hence I its want of economy. will not reply to anything that has been said by the gentleman from Mr. RANDALL. It does not have any effect. Kentucky or other gentlemen ahout the Centennial. But I want to Mr. FORT. Judging of the future by the past, we do not know say this: t.hat Congress granted a million :md a half of dollars to the what the next session of Congress may make onto£ the gentleman. exposition, which was well and good; it was in the interest of our [Here the hammer fell.] country in a national point of view and in an international point of The CHAIRMAN. The time of the gentleman baa expired. view. I will say nothing of the millions of dollars contributed by Mr. FORT. I have been interrupted. the city of Philadelphia and the State of Ponnsylvania and the mill- The CHAffiMAN. If the gentleman had declined to be interrupted, ion and -a half contributed by the Government to the centennial ex- it would not have been taken out of his time. position, excepting that all this money gave employment to hundreds The question was then taken upon the motion of Mr. LE MOYNE to and thousands of men, which was a great blessing in these hard reduce the appropriation for Philadelphia post-office to $50,000 ; and times. it was not agreed to. Now the policy of the democratic ruajority is to depress labor, to The question recurred upon the motion of Mr. LORD to reduce the depress the poor man. I have seen it during the whole of this session appropriation for Philadelphia to $250,000 ; and being taken by a of Congress, and in all the years I have had an opportunity of being viva voce vote, the Chairman announced that it was not agreed to. in public life I have never known anything else when the democratic Mr. O'NEILL. I desire to offer an amendment. · party was in power, either in the States or in the National Govern- Mr. RANDALL. I call for a division on the amendment to reduce ment, than that the laboring-man wa.s made poorer and the rich man the appropriation for the Philn.delphia post-office building, in order no richer by their legislation. to show that the republicans are voting to cut it down. But I desire to speak of the necessity of a large appropriation for The CHAIRMAN. The Chair is of opinion that the call for a this purpose, because the city of Philadelphia wants a post-office division is too late. commensurate with the business done there. . Mr. O'NEILL. I am a republican, and I did not vote to cut it Why, our foreign business ha.s vastly increased during the last year down. I intend to vote to put it up. or two. Philadelphia is the greatest manufacturing city almost in Mr. PAGE. I hope that by unanimous consent a division will be the world, and its business men have vast correspondence with people granted on that question. of foreign countries, as well as with our own citizens. We want a There wa.a no objection; and the question was again submitted to post-office that will meet the wants of the people. I desire to see the the committee; and upon a division there were none in the affirma- post-office there completed, and I want to see it done speedily. I do tive. not want to see it dragged along and the erection of this building Mr. RANDALL. Ah, ha! [Laughter.] continued for six or seven years. The CHAffiM.A.N. The noes evidently have it. I say let us make these appropriations in accordance with the esti- Mr. O'NEILL. I move to amend the paragraph now pending by mates made by the Supervising Architect; let us make the appropria- striking out "350,000" and inserting "750,000 ;" also by striking out tion for the Philadelphia post-office, for which I am now speaking, the words "to be used in completmg the foundation and setting the according to his estimate. That building, with $750,000 appropriated stone of the first story." I want a vote upon that proposition. I this year, can be built up to the top .of the first story; I do not think want to assert here again that I am a republican, and I believe I rep- there is any doubt of that; and then in a year or two more we can resent here not only the republicans of my city who sent me here, have the building completed. As we have made liberal appropria- but n.lso the democracts of my district, in aBking for this appropria- tions for post-offices in all the great cities of the country1 let us make tion. I have never seen or heard any man in Philadelphia who ap- the necessary appropriations to finish the post-offices m the cities proved the cutting down of appropriations as they are being cut where they are not yet finished. down by the Committee on Appropriations of this Congress. [Here the hammer fell.] I will let what I say on this subject go out to my constituents and 1\Ir. FORT. The city of Chicago does more mail business than the to the country; for I am responsible for it and I believe it to be the city of Philadelphia, considerably more. Gentlemen may wonder at truth. The people who sent me here to represent them (and I try to that statement, but it is nevertheless true. The city of Chicago has do it to the best of my n.bility) do not believe in such economy as bad a post-office building under construction for some time. Although does not permit appropriations to be made for new light-houses. The that city has suffered severely by a calamity which wa.a really appall- people who sent me here want the rivers and the bays of the country ing, and although the Supervising Architect · of the Treasury ha.a lighted in the interest of commerce. The republicans who sent me recommended that she should have an appropriation of 250,000 to here from the city of Philadelphia and the democrats, many of them complete the post-office building there, we find that this liberal Com- my personal friends, who live in that city, do not send me here to mittee on Appropriations have allowed her simply nothing at all, concur in cutting down estimates of three or four million dollars for not one cent. fortifications to three hundred or four hundred thousand dollars, or It is true that the city of Chicago ha.s no member upon the Com- for cutting down the consular and diplomatic bill from nearly a mill- mittee on Appropriations. But there are one or two districts away ion and a half to less than a million, or the Army and Navy bills so down in West Virginia that are well represent.ed upon this :floor, and much a.s to decrease in a marked degree the efficiency of those branches they get $450,000 from the Committee on Appropriations to improve of t-he service. Those people send me here to vote for appropriations a few dry creeks that have not wv.ter enough to :float a goose. which will give progress to every interest of this country. They send Mr. RANDALL. The gentleman certainly does not want to mis- me here to vote for river and harbor improvements; and that bill state facts. making an expenditure of five or six million dollars passed here with Mr. FORT. I refer to the river and harbor bill. scarcely a voice on the democratic side of the Honse daring to raise Mr. RANDALL. The Committee on Appropriations had nothing itself against it. The people who send me here send me to represent to do with that bill. The gentleman has made a statement which I them as citizens of a commercial city, a manufacturing city, a city wish him to correct. that has grown fast,er and greater than any other city on this conti- 4052 OONGRESSION AL RECORD-HOUSE. JUNE 22, nent. They send me here to vote for just propositions, such as will and the Government does not own in the city of San Francisco any promote the progress of the country; and I am not afraid to avow bonded warehouse at this time. my purpose to do so. There has been already expended on this building $508,000, less [Here the hammer fell.] . $43,000 of unexl:?ended ba1ance. The estimate for the completion of Mr. RANDALL. I do not knowwhether thiaamendmentisoffered tbis building is $300,000. The Architect estimated for $100,000, which to embarrass me in any degree. the Committee on Appropriations, in my judgment inadvertently, cut M1·. O'NEILL. No, sir; not at all. do.wn to $50,000. [Laughter.] Probably it isanti print in the bill, Mr. RANDALL. If it was, it fails of its object, because I stand [renewed laughter,] for I do not suppose for one moment that com- here equal to the emergency. I shall vote against the amendment. mittee, which is endued with such a desire for economy, could possi- Mr. O'NEILL. I have no doubt of that. bly have appropriated only $50,000 for continuing a building that bas Mr. RANDALL. Because I think that the bill appropriates for aheady had expended on it $508,000, a building that is a necessity for this post-office for the conting year sufficient to accomplish all thn.t that community. is possible to be done this year; that is, to reach the top of the first Certainly, Mr. Obairman, it is not in the line of economy, when the story. This appropriation is large enough for that; ·and I stand here Federal Goverument is paying for the nse of the courts alone which ready to do right even though it is in opposing an unnecessary appro- this building will accommodate when completed the sum of 12,000 priation for my own city. per annum. That is nearly the interest on the $300,000 requu·ed to Mr. O'NEILL. Well, Mr. Chairman, this is not an unnecessary ap- complete the building. propriation. It is an appropriation for the convenience of the busi- And in addition, as I have already stated, there are no appraisers' ness people of that city. My colleague knows that last April the ap- stores in the city of San .Francisco one-quarter large enough for the propriation made last year ran out, and there was not a dollar to carry business, and the appraisers are compelled to do the greater portion on that building. of their work on the sidewalks· and streets. The twenty thousand [Here the hammer fell.] tons of storage capacity of this building will net the Government a.t . Mr. CONGER. I move to strike out the last word. I yield my least $40,000 a year, thereby saving to the Treasury the sum of $52,000. time to my friend from Philadelphia, [Mr. O'NEILL.] Now at the rate this comntittee is making appropriations it will Mr. O'NEILL. I am much obliged to the gentleman. take six years to finish this building. During those six years the Gov- Mr. Chairman, I think I know as much about the post-office and ernment would be losing the interest on $508,000, which is $25,000 a custom-house building in Philadelphia as does my colleague. year, and that would be $150,000 of lot:~s in six years. By completin~ Mr. RANDALL. A great deal more. the building in two yeru·s, as ought to be done, the Government woula lli. O'NEIL.L. No, sir; no more. But if I had had the opportunities gain $52,000 a year net profit on the transaction. It would gain in of the chairman of the Committee on Appropriations I would have completing this building the interest of six years, netting 185,000. proposed to appropriate S750,000 for that building, so that it could I ask, therefore, in the interest of economy and reform this appro- have progressed toward completion. He may talk about the stone priation be increased to 100,000. It should be 150,000. I ask the that has been cut and not yet used. Why, sir, $350,000 will not set House to sustain the amendment. that stone five feet above the basement of the building. By January Mr. RANDALL. There are two buildings in San Francisco in the every dollar of this appropriation will be exhausted, and the work on course of erection, the appraisers~ stores and the subtreasury building. that building stopped again to it.s great detriment, and the people of The committee give enough to finish the subtreasury building and that city, now doing their post-office business in a building so crowded $50,000 to go on with these apprais~rs' stores. that it has been a wonder to me how they could get along with the Mr. PIPER. How much to finish the building f insufficient space, are to be put to continued inconvenience by the Mr. R.Al\J)ALL. All they ask, $27,000. loss in this building of many months in its completion. I am in earnest Mr. PAGE. That is not to erect a buildin~. in urging this appropriation of $750,000, because I believe it is de- Mr. RANDALL. It is to complete a buildmg. manded by the requirements of the public service. Mr. PAGE. It is to repair an old building now belonging to the Mr. FORT. Did not the gent.l eman vote against giving the city of Government. Chicago anything at all f Mr. RANDALL. We finish it so aa to make it useful. Mr. O'NEILL. No, sir; I voted for the appropriation for the city Mr. PAGE. I take the floor and yield to my colleague. of Chicago. - Mr. PIPER. I am glad to know that the chairman of the Commit- The question being taken on the amendment of Mr. O'NEILL, it tee on Appropriations did appropriate that $27,000, and I am surprised was not agreed to. that they did, because that appropriation saved $11,000 a year to the Mr. DOBBINS. I move to amend by inserting after the pending Government. The Government is paying for the subtreasury and the :~ppropriation the following : surveyor-general's office $11,000 a year now. Provided, That of the said sum of $350,000 the sum of 134,973.37 be used in com- Mr. LUT fRELL. Will my colleague state what rents we are now pleting the United States court-house at Trenton, New Jersey. paying there Y Mr. PIPER. I will come to that. There is now being paid by the MI·. RANDALL. It is not germane, and, in addition, we have voted Federal Government in the city of San Francisco for rents $76,000 it down practically. annually. There is not one public building in that city except the The CHAIRMAN. The amendment is not in order. mint that deserves the name of a public building. The gentleman The Clerk rea,a as follows: has talked a great deal about the large cities around here. I know Court-house and post-office, Raleigh, North Carolina: For completion of build- they are large cities, but every intelligent gentleman on this floor ing, f5(},000. . and every intelligent gent,leman in the United States knows that to- Mr. DAVIS. I move to strike out "50" and insert "100;" so it will day, outside of the city of New York, San Francisco is the next tnost read $100,000. · important city in the American Republic. The trade and commerce Mr. Chairman, on that amendment I desire to say a single word. of San Francisco this year will be greater than that of Boston, and The State of North Carolina has had but little in the way of appro- the revenue collected there for duties on merchandise alone is more priation from this House. She is one of the original thirteen States, than that of any other city except New York. And the driveling, and not one of the old States, or indeed one of the new States, but contemptible, p,arsimonious attempt at economy by this committee has been the recipient of more benefits at the hands of the Govern- toward the Pacific coast deserves the denunciation of every decent ment than that old State. There is not a Federal court-house in our man. borders. This appropriation is just $45,000 less than the estimate. Mr. RANDALL. Your language does not amount to anything. The building now being erected in Raleigh is one that is creditu,ble Mr. ATKINS. It iB quite unnecessary. to the Federal Government as well as just to that State. The Archi- The question being taken on Mr. PIPER'S amendment, there were- tect, in his report, said it will take $145,000 to complete it. It can ayes 31, noes 54. be completed in the next fiscal year. I ask the appropriation be Mr. PIPER. A quorum has not voted·. I call for tellers. increased as I have moved, as a matter of justice to that State. The CHAIRMAN. A quorum not having voted, the Chair will Mr RANDALL. There is $22,000 1mexpended balance, and we give order tellers; and will appoint the gentleman from California, Mr. $50,000, making in aU $72,000. And we thought that would be suffi- PIPER, and the gentleman from Tennessee, Mr. ATKINS. cient for Raleigh, to go slowly. · · . The committee again divided; and the tellers reported-ayes 51, The amendment was rejected. noes 59. The Clerk read as follows : Mr. PIPER. A quorum has not voted. Appraisers' stores, San Francisco, California: For continuation of building, $50,000. The CHAIRMAN. Does the gentleman from California make the point of order that no quorum ha.a voted f Mr. PIPER. I move, in line 493, to strike out " 50" and insert Mr. PIPER. I do. " 100,'' so it wi11 read '' $100,000." Mr. PAGE. I suggest that a quorum will not be insisted on if we Mr. Chairman, this is one of those small things which the gentle- are allowed to take a. vote on this in the House. man from New York [Mr. Cox] talked about. The building this ap- Mr. ATKINS. I object. . propriation is estimated for is intended for a court-house to accom- Mr. RANDALL. I move the committee rise. modate the Federal courts, the circuit and district courts of that The motion was agreed to. State. The building is 265 by 120 feet. It is also intended for ap- The committee accordingly rose; aud the Speaker pt·o tempore hav- praisers' stores, for the accommodat,ion of the appraisers of the city ing resumed the chair, Mr. BLACKBURN reported that the Committee of San Francisco, as well as to be used as a bonded warehouse. It of the Whole had had under consideration the bill (H. R. No. 3749) will have a capacity of 20,000 tons of stora.ge ali a bonded warehouse, making appropria.tions for sundry civil expenses of the Government 1876. CONGRESSIONAL RECORD-ROUSE. 4053 forthe :fiscal year ending June 30, 1877, and for other purposes, and been in his sea.t I should not have made the amendment, but would hacl come to no resolution thereon. have left the matter t-o be conducted by him, giving to him my hearty Mr. RANDALL. I move that the House ta.ke a recess until eleven support. For so doing my colleague, [Mr. PIPER,] in his arbitrary o'clock to-morrow morning. . manner and with intemperate language, would ta.ke me to t.'\Sk. I The motion was agreed to ; and accordingly (at ten o'clock and fifty did not offer the amendment with a view to interfere with matters minutes p.m.) the House took a recess until eleven o'clock to-morrow. within 11is district. I am not given to such practices. Can my col- AFTER RECESS. league say aER. My colleague one d.'\y on the floor of this House, in n. Reilly, Rice, William.M. :Robbms, :Roberta, Miles :Ross, Sobieaki.Ross, Sayler, Schu· very ungentlemanly manner-- maker, Sinniokson, Slemons, Southard, Spencer, Strait, Stenger, Stevenson, Stowell, Swann, Teese, Martin I. Townsend, Tucker, John L. Vance, Waddell, Gilbert C. The CHAIRMAN. Does the gentleman from California yield to his Walker, John W. Wallace, Walsh, Ward, G. Wiley Wells, Wheeler, WiggintQD, colleague f . Andrew Williams, Charles G. Williams, .James Williams, William B. Williams, Mr. LUTTRELL. No, sir. '!'he fact is that the House has voted Benjamin Wilson, Fernando Wood, Woodworth, and Yeates. down my colleague's proposition for $100,0(}0. I voted for the The committee then rose, and the Speaker pro tempore having re- $100,000 and aided my colleague in endeavoring to pn.ss that amend- sumed the chair, Mr. BLACKBURN reported that the Committee of ment, and desired it should pass. But the House saw fit to vote it the Whole o:a the state of the Union having, according to order, down, and now I have offered this amendment in good faith, believ- had under consideration the bill (H. R. No. 3749) making appropria- ing that if we can obtain $20,000 more it will aid us very much. I tions for sundry civil expenses of the Government for the fiscal year should have liked an appropriation of $100,000, because the necessi- ending June 30, 1877, and for other purposes, and finding itself with- ties of the case require it ; but if we cannot get $100,000 I am willing out a quorum, the chairman had, under the rules, caused the roll to be that we should take $70,000. This is a matter which concerns every called, and reported the names of the absentees to the Honse. inhabitant of the Pacific coast. We pay an enormous amount of The SPEAKER pro tempore. A quorum having appeared, tbe Com- Government taxes ; and I can corroborate .e verything my colleague mittee of the Whole on the state of the Union will resume its session. has stated as to the wants of that city. I hope the amendment will The Committee of the Whole on the state of the Union resumed its be adopted. session, Mr. BLACKBURN in the chair. . Mr. PIPER. I move to amend the amendment by striking out The CHAIRMAN. The question is npon the amendment of the $75,000 and inserting 99,000. . gentleman from California [Mr. PIPER] to the amendment of his col- The question was put upon the amendment to the amendment; and league, [Mr. LUTTRELL.] on a division there were-ayes 16, noes 35. Mr. LUTTRELL. As my colleague is opposed to my amendment, I No further count being demanded, the amendment waa declared to will withdraw it. I merely offered the amendment to allow my col- be rejected. league time to make a speech. Mr. PIPER. I move now to amend the amendment by inserting Mr. RANDALL. I object to the withdrawal $98,000. The CHAIRMAN. Then the tellers, Mr. PIPER and Mr. ATKINS, If this were not a necessity, if it were not in the line of economy: I will resume their places. would not be captions about this matter; but every gentl~man must The committee divided ; and the tellers reported-ayes 45, noes 68; know from the statement which I made, and which I defy any gen- no quorum having voted. tleman to refute, that this appropriation is in the line of economy Mr. FORT. I submit to the gentleman from Pennsylvania [Mr. and retrenchment. By the completion of this building within two RANDALL] that a vote be allowed in the Honse on this question. years the Government will save $50,000, and I will say further, that . Mr. HOLMAN. 0, no! . on a certain occa-sion when I offered an amendment in relation to the Mr. RANDALL. That will take another half hour. navy-yard at Mare Island my colleague was very offensive to me, Mr. PAGE. There is evidently no quorum voting here, and I would saying that I had _no right to offer an amendment in relation to it; ask that the gentleman from Pennsylvania consent that a vote be but yet be seems to think that he has the right to interfere with the taken on this amendment in the Honse. . loMl affairs of the city which I have the honor to represent. Mr. RANDALL. I have several times declined that proposition. I do not want 75,000; I want $100,000. If I cannot get that, let The CHAIRMAN. There is a quorum in the Hall, as appeared upon the appropriation go. the roll-call just made. Mr. LUTTRELL. I desire to say one word only, and then I am Mr. DUNNELL. There must be a quorum m the Hall. done. My colleague [Mr. PIP::&R] was out of his seat and I offered The CHAIRMAN. There is a quorum in the Hall, but if it is the the amendment in good faith, and held the :floor for the purpose of pleasure of members not to vote, the Chair will direct the roll to be giving him an opportunity to be heard should he appear. Had he again called. 4054 CONGRESSIONAL RECORD-HOUSE. JuNE 22, After a further count, the tellers reported-ayes 59, noes 83. ·States .Army. He gives as the estimate of the necessary amount Mr. PIPER1 ~one of the tellers.) That is not a qnornm. $1,9·10,428.44, from which he deducts (and this is the point to which Mr. RANDALL. How much does it lack of a quorum f I wish to · direct attention} " amount of appropriations available, The CHAIRMAN. It lacks four of a quornm. The Clerk will pro- $562,000." Now, this $562,000 added to the $250,000 which we pro- ceed to call the roll. pose to appropriate in this bill will make more than $800,000 to be Mr. RANDALL. 0, no ; we will make up a quorum. expended next year, while the appropriation last year was only After a still further count, the tellers reported-ayes 61, noes 85. $700,000. So the amendment was not agreed to. Mr. KE.LLEY. Mr. Chairman, I desire to call the attention of the The CHAIRMAN. The question recurs upon the amendment of- committee to the fact that while any question relating to my district fered by the gentleman from California, [Mr. LUTTRELL.] or city was pending I abstained from expressing any opinion. I de- Mr. LUTTRELL. I offered that amendment merely to gain time, sire now to offer some general reflectiQns. in order that my colleague [Mr. PIPER] might be present. I do not think the country will credit the majority of this Honse Mr. PIPE.R. I do not want it. • with the practice of sound economy or wise statesmanship. When Mr. LUTTRELL. Then I withdraw the amendment. the question of purchasing a site and constructing new buildings in The Clerk resumed the reading of the bill, and rea-d the following : Chicago was up and one of my colleagues proposed to make the State, War, and Navy Department building: For continuation of the building, amount $3,000,000 I insisted upon $4,000,000, that the money might f25(),000. be thrown into that stricken city to revive industries; and I hoped Mr. WELLS, of Missouri. I move to amend the paragraph just read that the purchase of land would be made immediately. When more by adding the following: recently the question of a building for Memphis was up I took ground To be expended under the direction of the Secretary of War. in favor of a liberal appropriation. In one of these cases my own party was respQnsible, and in the other the opposing political party; Mr. RANDALL. I have no objection ·to that. but in each case I followed the sa.me sound system. . The amendment was agreed to. Our officials report the public debt diminished so much each month ; Mr. HURLBUT. I move to further amend the paragraph by strik- but it is diminished by transferring the debt to another account. We ing out "$250,000" and inserting in lieu "$750,000 ; " and I desire to owe to the immediate future the improvement of the rivers and har- state to the Committee of the Whole my reasons for offering this bors. We owe to the immediate future the public buildings which amendment. Gentlemen are doubtless aware that the valuable rec! have been begun and which are needed. The debt is not reduced by ords of the War Department, of the Navy Department, and of the paying on one side and increasing on the other side of the account, Pension Bureau are scattered all over this city in insecure and unsafe as we are doing. buildings, for which the Government is paying, if I am correctly in- Sir, the majority in this Honse have determined that we are able formed, about $150,000 a year rent. The risk of loss is something to pay $2,000,000 annually for the purchase of an inconvenient and enormous. They are records which if burned or destroyed could not costly fractional currency to sul)stitute it for a convenient and cheap in any way be replaced; records that every member of this Honse is one ; yet we cannot apply 2,000,000 this one year to the completion interested in who has constituents,~ all of us have, who would be of our public buildings! We can buy with money that would redeem benefited by them. 5 or 6 per cent. bonds $40,000,000 of silver at the cost of $2,000,000 In addition to that fact, this is a great·public building, necessary annually, yet we cannot make appropriations for the completion of for the United States Government, not located in any small or distant our buildings I place, but a building in which every member of this House is inter- Sir, money put in circulation for those buildings would employ tens ested. It is import..'tnt to the best interests of the Government that of thousands of men. The barefoot, raggecl, famishing workinO'- a full and adequate sum of money should be supplied in order to people would thus be enabled to buy shoes and clothes and food. bring this building to a completion as early as possible. Two million dollars expended in that way would do 40,000,000 of I understand the sum estimated for by the .Architect for this pur- business. But once invested in silver, it is gone. .And let us look at pose is $1,300,000. · The sum of 750,000 can be well and properly used ihe economy of it. If I lose a ten-cent fractional note, I lose it, during this season to advance this building to such a point that we and the Government gains ten cents. If I lose a dime, I lose the will be able to preserve our records and save the rent the Government money as I did in the other case, and the Government loses the value is DOW paying. of the silver in it, and must replace it when the stock runs low. Mr. DUNNELL. I think the amendment offered by the gentleman Millions a year to the Bonanza mines; but let the laborers starve and from Illinois [Mr. HURLBUT] ought to be accepted by the Commit- the country go without public buildings! tee on .Appropriations and also by the Committee of the Whole House. The question being taken on the amendment of Mr. Hmu.:suT, it One million of dollars was appropriated last year for this building, if was not agreed to; tbere being ayes 35, noes not counted. I remember rightly. I speak upon this amendment now only for the Mr. GOODE. I offer the following amendment, to come in at the reason that no one can visit the War Department or the Navy De- end of line 499 : partment building without feeling that the time has come when those For necessary repairs upon the ordnance depot, ma~e, and wharves of the old buildings should ~ve way to something permanent in its charac- United States at the naval station at Norfolk, Virginia, the sum of $50,000, to be ter, something in which the important records of the Government expended by the Bureau of.Ordnance, under the direction of the Navy Department. may be safely preserved. The gentleman from Illinois has called at- Mr. HURLBUT. I make the point of order that this amendment is tention to that fact, and probably that is enough to be said upon it. not germane to this bill; it is a military appropriation. We appropriate by this bill $350,000 for the foundation of the post- Mr. GOODE. I suggest to the gentleman from illinois [Mr. HURL- office building at Philadelphia; we also appropriate $450,000 for a BUT] that there is an appropriation in this bill for magazines; and he courthouseandpost-officeinthe city of Saint Louis; butwhenwecome will see that one object of the amendment is the preservation andre- to the State, Navy, and War Department building, a building for the pair of ~\mffA~e at Norfolk station. It is entirely ~ermane. accommodation of those three great Departments of the Government The C . The Chair is not clearly of opiruon that the here in Washington, a portion of the building now uncovered, a build- amendment is germane; but being in doubt, he regards it as safest to ing for which we appropriated a million of dollars last year, it is now overrule the point of order, admit the amendment, and let the Com- proposed by the Committee on .Appropriations to give simply$250,000 mittee of the Whole pass upon·it. to this great work. Mr. RAND.ALL. I move that the committee rise. I think it is due to the Government, to the honor and dignity of the The motion was agreed to. Government, that this great work shall go on to completion. Gentle- The committee accordingly rose; and the Speaker pro tempore hav- men know that last year the Navy Department caught on fire, and the ing taken the chair, Mr. BLACKBURN reported that the Committee of keeping of it now from destruction is the result of great care. It is the Whole on the state of the Union, having had under consideration liable to take fire at any time. The records of that great Department the Union generally, and particularly the bill (H. R. No. 3749} making were put in peril last year by the fire that then occurred, and the build- appropriations for sundry civil expenses of the Government for the ing is now utterly unsafe. fiscal year ending J nne 30, 1877, and for other purposes, had come to Now, I do not believe that we are in a condition to stop that work. no resolution thereon. Those records absolutely demand preservation. When we go into the And then, on motion of Mr.RAND.ALLl (at eleven o'clock and fifty- State Department we realize the security which that building now eight minutes a. m.} the Honse adjonrnea. gives to the important records stored there. Two years ago they were in the building on Fourteenth street, and every body felt that the archives of this Government were in peril. By the transfer of those PETITIONS, ETC. records from that unsuitable building on Fourteenth street to the The following memorials, petitions, and other papers were presented present structure we now feel a sense of securitywith regard to them. at the Clerk's desk under the rule, and referred as stated: I think that this work ought to go on, and that the building for By Mr. GOODIN : Papers relating to the claim of Hon. M. W. Del- these three important Departments of the Government should be com- ahay, late United States district judge for the district of Kansas, to pleted and the proper preservation of our records secured. The sum the Committee on Appropriations. proposed in the bill is altogether too small. Before I sit down I would By Mr. MORRISON: The petition of citizens of Madison County, like to ask the chairman of the Committee on .Appropriations whether Illinois, for an appropriation for the protection of the levees and there is not some unexpended balance which may serve as an addi- dikes on the Mississippi River in said county, to the Committee on tion to this amountf Commerce. .Mr. RANDALL. The amount appropriated last year was 700,000; By Mr. O'BRIEN: The petition of Mary A. Miller, of Washington, the estimate for the next year will be found in the Book of Estimates, District of Columbia, for a pension, to the Committee on Invalid Pen- appendix G, signed 0. E. Raboock, Colonel of Engineers, United sions. .- 1876. CONGRESSIONAL RECORD-SENATE. 4.055 IN SENATE. Mr. SHERMAN. There was a special order, made dependent on the appropriation bills. FRIDAY, June 23, 1876. The PRESIDENT J.WO tempore. The Chair is not aware of any special order. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Mr. S~RMAN. There W'lB a special order, made by unanimous The Journal of yesterday's proceedings was read and approved. consent, by which the silver bill was to be taken up, subject to appro- EXECUTIVE ~OIDIUNICATION. priation bills. I do not wish to interfere with the .S enator from Ver- The PRESIDENT pro tempore laid before the Senate a communica- mont in taking up his proposition, but I wish the special order, as I tion from the Second Auditor of the Treasury, transmitting copies of understand it to be, to come up under the rule. By unanimous con- all accounts received at his office from persons charged or intrusted sent it was agreed that the silver bill should be postponed 111nd made with the disbursement or application of money, goods, or effects of a special order to come up after the appropriation bills. any kind for the benefit of the Indians, from the 1st of July, 1874, to Mr. EDMUNDS. I should like to hear the Journal entry read. If the 30th of June, 1875; which was ordered to lie on the t:~.ble. there is any such order, I did not know it. At any rate we ought to take up this bill. It ought to occupy but a littJe while. I do not DISTRICT OLDEST INHABITANTS' CELEBRATION. propose todebateitatanylength. It is perfectly understood. It is only The PRESIDENT pro tempore laid before the Senate the following amendatory of the old law, in order to bring it into h'U'monywith the communication; which was ordered to lie on the table 'lD.d be printed: opinion of the Supreme Court, bad as that opinion is; and I cannot SOCIETY OF THE OLDEST lNHABITANTS DISTRICT OF COLUMBIA, help supposing that everybody will agree to this bill at once. Oity of Washington, June-, 1876. The PRESIDENT p1·o tempore. The Secretary will road the order The President and members of the United States Senate: of the Senate. GENTLEMEN: The Sooiety of the "Oldest Inhabitants" respectfully invite you to The Chief Clerk read the followin~ minute: be present at their celebration of the centennial anniversary of American Inde- Bill (S. No. 263) relating to leg21 tenner of silver coin. M3de a special order for pendence, which will take pL'\06 at Ford's .Opera..House at twolve o'clock m. The Tuesday, Jnne 20, at one o'clock: Pf'O?Jided, There will be at that time no appro- Declaration of Independence will be read by Colonel Horatio N. ·Ea.aby, and an oration delivered by L. A. Gobright, esq. prmtion bill to be considerell. I have the honor to be, very respectfully, your obedient servant, Mr. SHERMAN. As I understand it, the silver bill continued a spe- JNO. B. BLAKE, Pf'esid.mt. cial order until the pending appropriation bills were disposed of. ADMISSION TO THE FLOOR OF THE SENATE. Mr. EDMUNDS. O, no. . Mr. SHERMAN. The commissioners of the District have constant Mr. SHERMAN. I will state to the Senator that the silver bill was . business here, and there is some doubt whether they are entitled to made a special order by unanimous consent. I presume the Senator admission to the :floor of the Senate under the rules. They ou~ht to was not present at the time or does not remember the circumstance. have admission to the :floor. I submit a. motion that the coiDIIll88ion- Mr. EDMUNDS. I was not here when any such thing was done. ers of the District have the privileges of the :floor. Mr. SHERMAN. I stated that I would be willing to give way to Mr. EDMUNDS. For this session. the appropriation bills. The Indian appropriation bill had then been Mr. SHERMAN. For this session, the Senator suggests. They have time reported. I have no desire, however, to have a controversy or waste really business here. . about the order of business, but I think it necessary to act upon Mr. EDMUNDS. It requires unanimous consent; but I have no the,silver bill definitely. We may have it understood that it shall be objection. taken up after this bill is over, for there must be some action upon it. The PRESIDENT J.WO ten~pore. Is there objection f The Chair hears Mr. EDMUNDS. I have no objection to that. none. Admission is granted. Mr. SPENCER. I shall object after the enforcement bill is con- cluded to taking up the silver bill, as I shall then ask the Senate to REPORTS OF COMMITTEES. proceed to the consideration of the District tax bill. Mr. CLAYTON, from the Committee on Indian Affairs, to whom was Mr. EDMUNDS. The special order wa-s a oonditional one, and the referred tbe bill (S. No. 741) for the relief of such members of the Me- condition bas never attached. • nomonee tribe of Indians as may desire to become citizens of the The PRESIDENT pro tempm·e. The Chair sent for the Journal in United States, reported it with an amendment, which was ordered order to see whn.t the record is. From the minute read by the Clerk to be printed; and the bill was, on motion of Mr. CLAYTON, recom- ·the special order has been lost. As appropriation bills had been taken mitted to the Committee on Indian Affairs. up nt that time the special order would not arise and did not, unless Mr. OGLESBY. The Committee on Indian Affairs have instructed something n10re special was agreed upon. me to report back the bill (S. No. 716) to authorize the execution of Mr. EDMUNDS. It was a conditional order. a resolution of the national council of the Osage Indians. This bill Mr. SHERMAN. The order was made in the broadest terms, I think was reported from the committee once before, with a recommenda- upon the motion of the Senator fi·om Missouri, [Mr. BoGY,] and was · tion that it be indefinitely postponed, after due consideration by tbe int.ended to continue until the appropriation bills were over. committee. It was again, on the motion of some Senator, referred Mr. EDMUNDS. That would not make any difference, because a back to the committee, and has been again considered hy the com- majority of the Senate, if it were taken up, could postpone it for this mittee. It relates to a claim for 180,000 for attorneys' fees of two bill, or postpone this bill for that one. There is no use in wasting Indian attorneys for the Great and Little Osage Nations for va.l uable time upon the subject. I hope the Senate will let me get this bill up. services that they claim to have rendered under a contract and under The PRESIDENT pro tempm·e. Is there objection to taking up the an order of the council of the Osage Nation . .They submitted their bill named by the Senator from Vermont f claims to the Government, which finally came to the Secreta;ry of the Mr. WHYTE. Would one objection carry it overf Interior, a.nd under his discretion 50,000 were paid as attorney fees. Th.e PRESIDENT pro tv>mpore. It would not. It is subject to a This bill now asks for 180,000 more. The committee again report majority of the Senate. The bill has been reported heretofore. adverselynpon the bill, believing that it hila no merits and ought not Mr. THURMAN. What is the question before the Senate f to pass this body now or at any time hereafter. The PRESIDENT J.WO tempore. The question is, will the Senate The report was agreed to; and the bill was postponed indefinitely. proceed to the consideration of the bill which the Secretary will now Mr. SHERMAN, from the Committee on Finance, to whom was re- report by title. ferred the bill (H. R. No. 3398) for the issue of coin, and for other pur- 'fhe Chief Clerk read the bill (S. No. 686) to amend the second, po868, reported it with an amendment. fourth, nnd fifth sections of the act entitled "An act to enforce the BILLS INTRODUCED. right of citizens of the United States to vote in the several Stat-es of Mr. WRIGHT asked, and by unanimous consent obtained, leave to substitute thiS Union, and for other purposes," approved May 31, 1870, and as a introduce a bill (S. No. 936) to provide for the expenses of district for sections 5506 and 5507 of the Revised Statutes by its judges when holding court out of their own district; which was read title. THURMAN. The motion, I understand, is to take up this bill twice by its title, referred to the Committee on the Judiciary, and in Mr. the morning hour f ordered to be printetl. Mr. MITCHELL asked, and by unanimous consent obtained, leave The PRESIDENT pro tempore. The motion is to take up the bill to introduce a bill (S. No. 937) establishing a mail-route in Oregon; now. Mr. THURMAN. That motion is amendable, I believe. which was read twice by its title, referred to the Committee on Post- Offices and Post-Roads, and ordered to be printed. The PRESIDENT pro tempore. The motion to take up is not amend- ~:lr. FRELINGHUYSEN asked, and by unanimous consent obtained, able. leave to introduce a bill (S. No. 938) for the relief of George T. Olm- Mr. THURMAN. Is it not amendable by substituting another bill f sted, jr.; which was read twice by its title, referred to the Commit- The PRESIDENT pro tempore. No; the question is on the motion tee on Military Affairs, and ordered to be printed. to take up the bill, and such a motion as the Senator indicates would not be in order. The Journal being here, the Secretary will now read ORDER OF BUSINESS. the order made in regard to the question which the Senator from Ohio Mr. EDMUNDS. I movetotakeup, according to the notice I gave [Mr. SHERMAN] called to the attention of the Senate. yesterday, Seuate bill No. 686, amending tbe statutes to conform to The Chief Clerk read as follows from the Journal: the opinion of the Supreme Court about the enforcement acts, so The PRESIDE:;!'J;:;o tempore a.nnonnced that the morning hour ha.d .exp.ired, and called. called np the "shed business of the Senate at its adjournment yesterday, to Mr. SHERMAN. I ask whether the special order does not come up wit, the bill (S. No. 263) to amend the laws relating to the legal tender of silver coin. The Senate resumed, as in Committee of t.he Whole, the consideration of said at one o'clock f bill, and the question being on the amendment proposed by Mr. BOGY, Mr. EDMUNDS. No, sir; there is none. After debate, 4056 CONGRESSIONAL RECORD-SENATE. JUNE 23, On motion of Mr. BOGY, two-thirds of the Sen11.tors present concurring, Mr. EDMUNDS. I will not spend much of the time of the Senate Ordered, That the bill be postponed to, :md made the special order for, Tuesday, on this matter; but there is one fact that I wish to call the attention the 20th instant, at one o'clock, Provided, That it will not interforo with tho con- sideration of any appropriation bill. of the Senate to and also the attention of my friend from Ohio. It is a.bont six or eight days ago-! do not remembex: the preci e day- The PRESIDENT pro tempo1·e. Th!tt order only applies to tho day when all the gentlemen on the other side of the Chamber were pre - named. ent, and when there was no excuse for not going on with this bill, Mr. SHERMAN. That wn.s not the undorstn,nding of tho Senator that I moved to take it up, and I found every one of my friends on from Missouri and myself. the other side voting to prevent it; and they did prevent it because Mr. EDMUNDS. It does not make any difference. Let us dispose our sido of the Ch:l.mber ha.ppened to be thin at that moment. There- of this bill and then of th~ silver bill. fore, Mr. President, I do not think there is any strong obligation out Mr. BOGY. My understanding was that the silver bill was to be of mero goneral courtesy to restrain us from going on with this bill taken up and was to give way only to an appropri~ttion bill. now, unless it would appear that some of the gentlemen on the other Mr. EDUUNDS. We must stand by the record. side have gone away not expecting that it would be taken up and with- Mr. BOGY. It wa,s to be taken up when the pending appropria- out pairs. I think when yon get at it it will be found otherwise; tion bills were disposed of if no other one was roady. but in the face of my attempt when the other side was full to get np Mr. EDMUNDS. Certainly one o'clock has not arrived, when the this bill, and their then defeating it, within a week or ten days, I do special order would come up if there were one. not think it comes with very good grace to ask that it shall be put The PRESIDENT JWO tempo-re. The Chair has no other way than off now. to be guided by the Journal, which met the approval of the Senate Mr. THURMA]f. One word about that. It is a novel idea to me upon the following day. that there was any want of courtesy in the members of the Senate on Mr. THURMAN. Is debate in order upon the motion to take up this side who voted against taking up the bill in so voting. Where the bill 7 was the want of courtesy in thoir voting against tn.king up a particular Mr. EDMUNDS. Not upon the merits; but on the propriety of measure is more than I can see, unless indeed there was some special taking up, certainly. reason that appealed to thoir courtesy and required tbom to exe-rci e Mr. THURMAN. I hope this motion will not prevail. I beg leave it in the taking up of the bill. I do not think there was anything of now to make a statement, :md then I think the Senator from Ver- that kind. mont will hardly press it. There are a number of Senators from this Mr. EDMUNDS. I did not say that there was; I only spoke of the · side of the Chamber who are now absent, and I do not think it would contest that seems to be going on to get rid of acting on this bill. be right in their absence to press this measure, which is a debatable Mr. MORTON rose. measure, to w hicb those absent Senna. convention was held no mensure of any considerable character was Mr. MORTON. I was simply going to say that I regard the bill pressed in the absence of Senators from the other side. which the Senator from Vermont proposes to tn.ke up as one of the I hope my friend from Vermont, in view of this fact, will not un- greatest po~qible importance. It is a bill which is likely to affect the dertake to press this bill until after next week. There is no necessity political and private rights of a great many people in this country in the that I can conceive for pressing it now. If the bill can become a law nf3xt few months. We all understand that, without going into the dis- at all, it may become a law just as well if passed week after next as cussion of that question this morning. It is a proposition simply to if it were passed now. No good reason can be given, it seems to me, amend a law so aa to bring it within the late decision of the Supreme for tal.:ing the bill up now; w bile to take it up in tho absence of Sena- Court of the United States. That decision has virtually destroyed it, tors who wish to be heard upon the bill, and vote upon it, would be and in doing that has left the rights of a great many people at the an act of injnstice to them. mercy of their enemies ; and I know of no more important measure Mr. EDMUNDS. Mr. President, nothing could be further from my that can come before the Senate at this session or any other than the intention or my wish than to incommode any Senator on the other question of amending this law. side, or to do anything in his absence that the public interest did Mr. WHYTE. I agree with the Senator from Indiana. that this is not imperatively require. I think it will be found on inquiring probably one of the most importn.n.t bills that can be brought a.t this around that the Senators of the other side who are absent are paired session before the Senate of the United States; and it is :f.or that rea- on all political questions; and my friend from Ohio can perceive, as son that I hope it will not be taken up at this time. There are bills he cannot fail to have perceived in the last few days, that quite as relating to the finances which are ready or will be ready to be a-cted large a proportion of Senators of this side of the Chamber are absent upon by the Senate. to-day, and have been yesterday and the d:1.y before and so on, a.a of More than that, if that were a bill merely to supply some defect in that side; so that there will be no relative disparity of votes or opin- the laws of Congress as they now exist, about which there was no ions if this bill be taken up and considered now. If Senll.tors of the dispute, it might, be important to take it up and hurriedly act upon other side of the Chamber have gone away without pairs and for the it; but there is a very wide difference of opinion whether this bill is purpose that my friend indicates, not expecting that a political motion such a law as is contemplated by the Supreme Court of the United would be taken up, and that being taken up the result would be some- States as " appropriate legislation" to carry out and perfect tho what different in some way from what it would be otherwise, I cer- amendments to the Constitution. This bill ought not to be passed in tainly should not press it; hut I feel quite confident-and I shall be a hurry; it cannot be passed in a hurry, because the duty of every glad to be corrected if I am in error-that every one of the gentlemen Senator is to examine carefully the provisions of this bill, nnd to dis- on the other side who would be by instinct opposed to this bill, who is cuss it, and to discuss it fully before it is put to a vote. It is there- a way, is paired; and if that be so, I submit to my friend of Ohio that there fore of very little importance how many Senators are paired upon can be no impropriety in taking up and having a vote upon it. The the question. It is not votes that are important ; but it is discussion general question involved in the bill bas been discnssed over and and intelligent discussion of this bill that is needed. over again; and all there is in this bill (because I do not intend to The bill a.s presented originally by the Senatot from Indiana [Mr. debate its merits, bnt only to state wha.t they are) is to bring the MORTON] is almost entirely altered by the report of the Committee statutes of the United States into harmony with what is the present on the Judiciary. There was such a diversity of opinion between opinion of a majority of the judges of the Supreme Court. the Senator from Indiana in the original bill as introduced by him Mr. THURMAN. Mr. President, I cannot say who of the Senators and the action of the Judiciary Committee as to make the bill pre- on this side of the Chamber are paired, if indeed any of them are. sent a most remarkable contradiction bAtween its features, showing I have no definite knowledge on that subject. I dare say some of that the Senator from Indiana and the majority of the Judiciary them are paired. I should think it very likely that out of abundant Committee were entirely at variance as to what was appropriate leg- caution and according to the usages of the Senate under such circum- islation in accordance with the views of the Supreme Conrt of the stances they have obtained pairs, though I do not know the fact to United States. be so in reference to any one of them, and therefore I cannot make There are Senators in this Chamber who were not here in 1870 when it now a predicate of my a-ction that they are paired; but I think the act was passed upon which the Supreme Conrt was called upon to there are some of them who desire, and as to one of them I know decide, who are unfamiliar with the discussions at that time ; and, that he desires to be heard upon this bill, ~d ho left laat night and while there are Senators here who participated in them, some of whom will not be back for some days. thought that that legislation was improper and stated their reasons If the Senator will propose to fix the hill for some time when these for that opinion, there are other Senators who were not here, who did Senators can be back, I shall not then oppose its being taken up and not hear that debate, and who al'e unfamiliar with the reasons given letting the Senate vote on the bill. I do not want to discnss it ex- by those Senators. For my own part, I do not think that any legis- cept one section of it. There is one section which is entirely novel lation which operates upon the individual is" appropriate legisL't- and which I do wi~:~h to discuss. Upon the other sections I have al- tion" under the recent amendments to the Constitution, but that ready expressed my opinion at previous sessions of the Senate so that legislation shall operate upon the States; and in looking at this fully that I have no desire to repeat it again. Upon one section I do act as presented by the Judiciary Committee it seems to me to be wish to be heard. But there are other Senators who have not hereto- faulty. But I am unprepared to-day to go into such a discussion. I fore expressed their opinions on this measure and who would like to am quite sure that scarcely any Senators upon this side of the Cham- speak both in regard to its constitutional aspects and in regard to its ber are prepared to enter into a general discussion of the subject to- policy. I hope, therefore, the Senator will let the bill lie over until, day. Under these circumstances, I think the Senator from Vermont say, Monday week or Tuesday week, and then I will do all I can to might give us some fixed time when we might direct our attention to help him take it up. thiS particular bill and be prepared to discuss it. 1876. CONGRESSIONAL RECORD-SENATE. 4057 Mr. EDMUNDS. Mr. President, I gave notice two weeks ago, and A bill (H. R. No. 2824) to change the name of the steamboat Para· in pursnanoe of this notice I moved to take up the bill, and nobody gon, of Pittsburgh, Pennsy1vania ; was ready then, and I lost the motion beoanse my friend and his asso- A bill (H. R. No. 2849) forthe relief of WilliamRule,postmasterat ciates resisted it until there was not a· quorum here and we went Knoxville, Tennessee ; away. Then yesterday I gave notice again. Now my friend from A bill (S. No. 558) making a further appropriation for the erection Ohio says it ought to be put off until Monday week. What day is of Government buildings in Dover, Delaware; and that, sir f The day before the Fourth of July; Fourth-of-July week A bill (S. No. 770) for the relief of J nelson S. Post, of Missouri, late in the centennial year I It might as well be put off until 1976 so far disbursing officer of the United States Navy. as anything we can do iu that week is concerned. After the Fourth INDIAN APPROPRIATION BILL. of July comes the impeachment tria.l, and it is in effect saying, as it The Senate proceeded to consider its amendments to the bill (H. looks to me at present, that this bill shall not be acted on this ses- R. No. 3478) making appropriations for the current and contingent sion unless it is acted on now. Gentlemen have had full notice over expenses of the Indian Department and for fulfilling treaty stipula- and over again, and if there be any fault it is not the fault of those tions with various Indian tribes for the year ending J nne 30, 18i7., having charge of the bill that it has not been disposed of before, but and for other purposes, disagreed to by the Honse of Representatives; the fault of those who resisted it by their votes and their speeches and getting it before the Senate. I hope we shall take it up. On motion of Mr. MORRILL, of Maine, it wa£ The PRESIDENT pro tempo1'e. The question is on the motion to proceed to the consideration of Senate bill No. 686. &solved, That the Senate insist on its amendments to the said bill disagreed to by the House of Representatives and agree to the conference asked by the Honse Mr. MERRIMON and Mr. WHYTE called for the yea.s and nays, and of Representatives on the disagreeing votes of the t:wo Houses thereon. they were ordered. The Chief Clerk proceeded to call the roll. By unanimous consent, it was Mr. COOPER, (when his name was called.) On this question I am Ordered, That the conferees on the part of the Senate be appointed by the Pres. ident pro tempore. paired with the Senator from Minnesota, [Mr. McMILLAN.] He would, if present, vote "yea," and I should vote "nay." Mr. WINDOM, Mr. LOGAN, and Mr. RANSOM were appointed the com- Mr. MITCHELL, (when his name was called.) I am paired on all mittee of conference on the part of the Senate. political questions with the Senator from Delaware, [Mr. SAULS- AMENDMENT OF ENFORCEMENT ACTS. BURY ;1 and, as this is considered one of that kind, I shall not vote. The Senate, as in Committee of the Whole, proceeded to consider If be were here he would vote "nay," and I should vote" yea." the bill (S. No. 686) to amend the second, fourth, and fifth sections Mr. WINDOM, (when his name was called.) I am paired with the of the act entitled" An act to enforce the right of.citizens of the Senator from West Virginia, [Mr. DAVIS.] If present, I presume he United States to vote in the several States of this Union, and for would vote "nay," and I should vote "yea." other purposes," approved May 31, 1870, and aB a substitute for sec- Mr. WRIGHT, (when his name was called.) I am paired with the tions 5506 and 5507 of tbe Revised Statutes. Senator from Maryland, [Mr. DENNIS.] If he were present he would The bill was reported from the Committee on the Judiciary with vote "nay,'' and I should vote "yea," on this motion. amendments. The call of the roll was concluded. The first amendment was in section 1, line 4, after the word "1 a ws," Mr. PATTERSON. On all political questions I am paired with the to insert the words "of the United States or;" in line 7, after the Senator from Pennsylvania, [Mr. WALLACE.] If he were present he word "laws," to insert "any;" in line 11, after the word ''give," to would vote "nay," and I should vote "yea," on this motion. insert the words "and every such person and officer respectively shall Mr. SPENCER. On this question I am pairecl with the Senator give;'' in line 16, after tlie word "to" where it occurs the first time, from Connecticut, [Mr. BARNUM.] If he were here he would vote insert the words "execute and;" in the same line, after the word "to" "nay," and I shonld vote "yea.,'' on this motion. where it occurs the second time, insert the words "the foregoing pro- Mr. MORTON. On this subject I am paired with my colleague, visions of;" so as to make the section read: [Mr. McDoNALD.] If he were here, he would vote "nay," and I That if, by or under the authority of the Constitution or laws of the United States, should vote "yea," on this motion. or of any State, or the laws of any Territory, any act is or shall be required to be Mr. CAMERON, of Pennsylvania. I believe I am paired with the done aa a prerequisite or qu:ilification for voting, and by such constitution or laws Senator from Delaware, [Mr. BAYARD.] I should vote "yea," if at any persons or officers shall be charged with the performance of duties in famish- ing to citizens an opportunity to perform such prerequisite or to become qualified liberty to do so. to vote, it sh:ill be the duty of every such person and officer to give, and every such Mr. CHRISTI.ANCY. Upon all political questions I am paired with person and officer respecth·ely shall give, to all citizens of the Unit.ed States the the Senator from New York, [Mr. KERNAN.] I suppose this may be same and equal opportunity to perform such prerequisite and to become qualified put upon that ground; and hence I decline to vote. to vote, without distinction of race, color, or previous condition of servituuo; and if any such person or officer shall refuse or knowingly omit to execute and give Mr. SHERMAN. Although this is not according to the understand- full effect to the foregoing provisions of this section on account of the race, color, ing I bad about the order of business, I vote "yea," but I give notice or previous condition of servitude of the applicant or person seeking to perform . that I shall feel at liberty to move to lay this bill aside after some such prerequisite or qualification for voting,lie shall, for every such offense, forfeit time, if it is not disposed of, to take up the silver bill. and pay th~ sum of i5()0 to the person aggrieved t.hereby, to be recovered by an action on the case, with full cost, and such allowance for counsel fees a.q the court Mr. ALCORN. Without committing myself to the bill, not having shall deem just ; and shall also, for every such offense, be deemed ,guilty of a mis- yet read it or had the opportunity to do so, I vote to take it up. demeanor, and shall, on conviction thereof, be fined not less than $500 or be impris- The result was announced-yeas 23, nays 14; as follows: oned not less than one month and not more than one year, or both, at the discretion of the court. YEAS-Messrs . .Alcorn, Allison, Anthony, Clayton, Conkling, Dawes, Edmunds, Ferry, Frelinghuysen, Hamilton, Hamlin, Harvey, Hitchcock, Howe, Logan, Mor- The amendment was agreed to. rill of Mainet..Morrill of Vermon~ Oglesby, Paddock, Robertson, Sargen~ Sher- The next amendment was to insert as section 2: man, and Warueigh-23. That if any person or officer of the United States, or officer of any State, or any NAYS-Messrs. Bogy, Caperton, Cockrell, Eaton, .Johnston, Kelly, Key, Mc- person exercising power or authority under the United States or any State, shall Creery, Maxey, Merriman, Ransom, Thurman, Whyte. and Withers-14. AESENT-Messrs. Barnum, Bayard, Booth, Boutwell, Bruce, Burnside, Cam- deny or abridge to any citizen of the United States, entitled by the laws of such State or by the Constitution or laws of the UnitP.d States to vote at any election, eron of Pennsylvania, Cameron of Wisconsin, Christiaucy, Conover, Cooper, Cra- the right and opportunity so to vote at such election by reason of his race, color, or gin, Davis, Dennis, Dorsey, Goldthwaite, Gordon, Ingalls, .Tones of Florida, Jones previous condition of servitude, or shall for said cause fail to allow and furnish to of Nevada, Kernan, McDonnJd, McMillan, :M:itchell, Morton, Norwood. Patterson, such citizen, so entitled to vote as aforesaid, a full, fair, impartial, and equal op- Randolph, Saulsbury, Sharon, Spencer, Stevenson, Wallace, West, Windom, and portunity, under the laws, with all other citizens entitled to vote at any such elec- Wright-36. tion, to exercise his right of voting, every person and officer so offending shall be ~o the motion of Mr. EDMUNDS wa:s agreed to. deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a. fine not exceeding $1,000, and be imprisoned not exceeding two years. MESSAGE FROM THE HOUSE. Mr. THURMAN. I move to strike out in tbe first line of the amend- A message from the House of Representatives, by Mr. G. M. ADAl\IS, ment the words "person or." The. section provides- its Clerk, announced that the Honse disae a vote when he would be entitled to vote f W onld that not be a denial statute, it shall meet a like fate. Such a course of action is, to Bay of his right f Would it not be an abridgment of his right Y What the least of it, unwise and ill-calculated to subserve any good pur- difficulty in the world would there be in indicting the registrar or in pose. indicting the tax-collector under this section for doing the very things For one, I am ready to do whatever is necessary to effectuate this which are denounced in the first section Y That is not all: provision of the Constitution. I recognize the fifteenth amendment Or shall for said cause fail to allow and furnish to such citizen, so entitled to as an article of the Constitution, one that has become a part of our vote as aforesaid, a. full, fair, impartial, and equal opportunity, under the laws, organic law, and one whose policy ought in good faith to be carried with all other citizens entitled to vote at any such election, to exercise his right of voting. · out by every American citizen. I hold myself ready, here and every- Tha.t is the next thing. Does not the registrar who refuses to reg- where, to see that it is faithfully executed; that everything that ister a lawful voter "fail to allow and furnish" him an opportunity ought t.o be done unde:r: it and in order to effectuate its purpose sb.all to vote f Does not the tax-collector who refuses to receive his tax, the .b e clone by every officer and everybody; but it is due to this section payment of which is a prerequisite to his right to vote, ''fail to al- of the Constitution, it is due to the Government, it is due to the low and. furnish" him afairandequal opportunity withotherstovotef American people, collectively and individually, and it is particularly Therefore, I say that there is not one offense described in the first due that class of our population whom it is specially intended to section of this bill that might not be punished under the second sec- benefit, that we should candidly, not from a partisan stand-point, en- tion of the bill. It is true a court might interpret t.hem in this way: deavor to pass a statute which will certainly effectuate the great pur- that inasmuch as the first section is specific in regard to registration pose contemplv.ted. This bill, if I understand it correctly, rests en- or these prerequisites the second section taken in pari materia must t irely, exclusively, and absolutely upon the fifteenth amendment. be construed not to relate to the same su l>ject as the first. I do not Mr. EDMUNDS. I do not know what authority the Senator has say a court might not so construe ·it; I do not say that would not be for sn.ying t.h at. . a proper construction; I am inclined to think it would be; I think if M.r. liERRIMON. I notice tha.t in this discussion, as carried on by I had the decision of it, or if my friend, the chairman of the Judiciary the honorable Senator himself and by other Senators, they refer only Committee, had the decision of it, or if any one else within my hear- to this article, and treat it as the foundation, the ground-work upon ing who ever sat on the bench had the decision of it, he would be which the bill rests. very apt to construe these sections, in pa1'i ntateria, in this way and say Mr. EDMUNDS. I do not agree with the Senator. that although the words of the second section would include words l\!r. MERRIMON. If any other ground-work has been indicated or in the first, still as the first is specific t,h e cases provided by it are a igned I have not beard it, and I should like to hear it. Let us excepted out of the general words contained in the second section. consider this article in a spirit of candor and fairness-legal fairness, But that is t.he obscurity of the thing. A court might so hold or a judicial birness; in that spirit which is calculated and intended to court might not so hold. A good judge I think would so hold; but elicit the truth and to arrive at the exact meaning of the article. what assurance have we that it will be so ruled in every court of the The fifteenth amendment of the Constitution is in these words: United States f Then comes the anomaly, if I am right in this view, The right of citizens of the United States to vote shall not be denied or abridged- that the one section denounces twice the penalty for the same offense Now, by whom t These are material words that I am now going to that is denounced by the other section. read- To come back to the point, it is perfectly clear, reading the first by the United States- section and then the second, and then the fourth and fifth, that the First; second- original ol>ject of the second section was to punish the persons de- or by any State. scribed in the first section of the bill, to wit: Persons who are per- forming official duties or are charged with some duties connected That right shall not be abridged, first, by the United States, eec- with elections eithf»r by the laws of the United States or by the_con- ondly, by any State- stitution anu laws of a State. That being the case, and tha.t being On acoount of- made more apparent by the fact that the penalty denounced in the What 7 .Any one of three things, to wit- second section is double the penalty provided for in the first, and race, color, or previous condition of servitude. double the penalty provided for in the fourth and fifth sections, it Would any lawyer, much less woulcl any judge, puttin~ aside all does not seem to me that there ought to be a moment's hesitation in political discussion and controversy, ever think of saymg or ad- sustaining the amendment which I h:.w e offered to strike out the judging that the words" abridged by the United States or by any words "person or," in the first line of the second ection, which ex- State on account Qf race, color, or previous condition of servitude," tend the provisions of that section to every individual in the land. embraced anybody or anything except the United States and the sev- The PRESIDENT 1n·o tempore. The question is on the motion of eral States that compose the Union t I take it not. How it is possi- the Senator from Ohio to strike out the words "person or." ble to construe the words-" the United States or any State" to im- Mr. CHRISTI.ANCY. I move to insert between the third and fourth ply any person or any collection or combination of persons is beyond lines of the section the words: my comprehension. If the purpose which the Senator in charge of Or pretending to be such officer, or assuming to exercise such authority. this bill has assigned to it had been intended, the fifteenth article of Mt. EDMlThTDS. That is not in order. which I am now speaking would have read in this way: . The PRESIDENT pro tempore. The amendment suggested by the The ~ht of citizens of the United States to vote shall not be denied or abridged Senator from Michigan is not now in order, being a separate amend- by the united Statal!, or by any State, OT by any person,- . ment, the pendin!tamendment being in the second de~ree already. That is the material word to give this section the effect which the Mr. MERRIMO~. Mr. President, I regret that the ~::Senator having Senator seeks to assign to it- this bill in charge has felt called upon to precipitate a hasty discus- or by any person on account of race, color, or previous condition of servitude. sion of it upon the Senate. Mr. EDMUNDS. I have not done that. Why were the words " any person" omitted 7 They are material, Mr. MERRDION. It is a subject of the utmost difficulty, one that necessary for the purpose contended for. Every one upon looking at involves a constitutional question which is likely to give trouble in that article, and then reading this bill in connection with it and see- the future, as it has done in the past. ing the purposes of the friends of the bill in connection with it, must Mr. EDMUNDS. This bill was reported on the 16th of May. I do see that the words " any person" are essential in order that they not think that is very precipitate. may give the bill the compass that they endeavor to give it. In no Mr. MERRIMON. That is very true; but I take it no one except conceivn.ble view can the words:' any State" be construed to imply the honorable Senator himself expected that we would debate this any person. The plain limitation is on the States, and not on persons. serious question to-day. The States are by the provision restrained from abridging the right Mr. EDMUNDS. I gave notice yesterday and a week ago. of persons to vote, for the three causes specified. 1\fr. MERRIMON. It seems to me, in point of justice-and I go fur- In order, Mr. President, to make this view of mine more manifest ther and say in point of common fairness-a time ought to be fixed for and add weight to it, I will suppose a case. Supp<>do that a. State taking up and discussing this bill, so that every Senator might have should provide in its constitution or by statute that no man of t,he an opportunity to inform himself upon it, to think about it, study it, African race or who had been a slave or who had been in a condition and express himself in a way that would be entirely satisfactory to of servitude should have the right to vote, what would be the condi- himself, to the Senate, and to the country, and elucidate a very dUn- tion of the African or the freedman or the man who had been in a condi- cult subject. If that were done it is more likely that we would suc- tion of servitude in that State Y Plainly he could not vote by virtue ceed in perfecting a law that would in all respects answer the pur- of the laws of the State. If it were a constitutional provision, he could poses of the Constitution. A sta.tntewhich was intended to embrace not vote because the constitution of the State forbade it. If it were by the very subject embraced hy this bill waa pa.saed some yean ago. vutne of a lita.tute of the State which the conatitution authorized the 4062 CONGRESSIONAL REOORD-SENATE. JUNE 23, Le~slature to pass, he could not vote because the statute forbade it. officers of the several States who control and manage the elections, Neither could any officer under the State government allow him to officers of the United States for that purpose f vote, although the statute ·of the United States should command it. Mr. EDl\fiJNDS. Does the Senator mean to say that if a Stato Wherefore T Because the constitution and the statute of the State should pass an act of that kind that would authorize Congress to set forbade him to do it. I nsk the Senator from Vermont how he would up machinery of its own f remedy an evil of that sort, and whether his bill n.s it now stands em- Mr. MERRIMON. I think it probable that was contemplated. braces a case of that kind f That that was the evil which the Con- Congress has passed an oot- stitution intended to cut off and to provide against I have not the Mr. EDMUNDS. Is that the Senator's opinion f slightest doubt. It was apprehended after negro slavery had been Mr. .MERRIMON. I do not say that I have a definite opinion on abolished in the Southern States and it had become the policy of the that subject; indeed1.J have not. nation that all men should have equal rights before the law that it Mr. EDMUNDS. Ah t was necessary to allow the negro race to exercise the right of suffrage Mr. MERRIMON. For you have forced this debate on me anu in order to their protection and to maintain the harmony of our sys- others, so that I am not prepared to point out and throw the light that I tem of government. It was apprehended that the Southern States ought and would be glad to do on the proper remedy. I would be or some of them miaht provide by law in their organic law, or in their glad to co-operate with the Senator and the Senate and the Con- statutes that the coiored race, the negroes, men who had been slaves, gress and the American people to effectuate this article of the Consti- men who had been in a condition of servitude, should not be allowed to tution. I am not prepared to say just now, without opportunity for exercise the elective franchise. It was deemed necessary, as the whole study and reflection, what appropriat.e legislation is, as suggested by history of this article shows, to provide in the article this restriction the Supreme Court, but I want to say to the honorable Senator, and upon the power of the State which forbids the State to pa.ss any law I believe he supported the law, there is a law upon the statute-book or to do any act as a State which abridges the right to vote on account of the United States to-day which regulates the subject of elections of race, color, or previous condition of servitude. For fear the States in the several States to a very considerable extent. It is competent miaht provide that the negro should not vote and thus protect his under that statute-I shall not say now whether it is valid or invalid- rig'hts, the fifteenth n,rticle provides thn,t his right to vote shall not be to appoint marshals and inspectors of election to go into the sev- abridged because of his race, thn,t he wn,s a slave, or in a condition of eral States to see that the laws of the United States upon the subject servitude. of suffrage are faithfully executed and that justice is done. If that There is another importn,nt fact in connection with the history of statute is valid, and if marshals and other officers of the United States this nrlicle which tends to strengthen the view that I am now pre- may be sent into the several States to supervise the elections, why senting. It was seriously debated by many friends of the freedmen may not the Congress provide officers and machinery for holding an whether it wns wise to confer upon the colored man the right to vote election even for State officers in the several States whe:~;e the right immediately upon his becoming a free m:m. It was doubted whether, shall be denied f I apprehend that no case of that sort ever will arise. on account of his previous condition of servitude, his lack of oppor- I do not believe the time will ever come when any State will make tunity and training, he was qualified in point of intelligence to vote. such distinction of race, but I think it possible that it is within the The debates upon this amendment to the Constitution show that that power of Congress to pass a law whereby, if a State should venture sentiment was entertained by many st..1.tesmen, and that it was a seri- to do that thing in violation of this article, the right should be se- ous question in the minds of the warmest friends of the colored man cured. It might be very difficult to frame snch a statute; it might as to whether it was wise to confer upon him suffrage. It was an be very impracticable in its operation, but that the exercise of some experiment, a dangerous experiment, and the warmest friends of the such power was contemplated this article and its whole history show. colored man were apprehensive of the result; but they finally came to At the same time it is just as manifest that it never waa intended the conclusion that, in order to his reasonable protection in his rights that the article should operate on natural persons. as a freeman, it was absolutely essential to confer suffrage upon him. Now let us take another view of this subject. Suppose, as is the They made the venture, aud the experiment is now going on. They case I believe in every southern State and in every State where the thought that if he had the right to vote it would be such protection, colored man resides, that his political right of suffrage iJ proVided and sufficient protection as to enable him to mn,intain his civil rights for and he stands upon the same footing with t.h e white citizen and under the Constitution. .And hence, when it was provided that he every other citizen; that the occasion for an election shaH come on; should not be denied the right to vote on account of race, color, or inspectors of election, judges of election, and all proper officers of the previous condition of servitude, it was not further provided that he election shall have been appointed; and a faithless officer shall violate shoulcl not be denied the right to hold office. I take it that it will the law of the State, shall refuse to allow a colored man t.o register not be denied that it is competent for any State in the Union this because he is a colored man, and afterward he shall refuse to allow day to provide by her organic law that no man of the African race him to vote because he is a colored man, avowing that his refusal is shall have the right to hold office because of his race, color, or previ- upon the ground that he is a colored man, under the laws of the several ous condition of servitude. More than that, you might go into a State States that officer would be subject to indictment, he would be sub- · like South Carolina, where the colored race predominates, and there ject to such penalties as have been provided by the statutes of the it would be competent for the colored race, if they saw fit to do it, to several States ; and yet, if those who advocate this bill are correct m3.k e a provision in their organic law that a man shall not hold office in their views, he is not only subject to the State tribunal, to be in- becanse he is a white man. You may exclude men from office be- dicted and convicted before them and fined and imprisoned, but after cause of moe, color, or previous condition of servitude, but under the he shall be so indicted, fined, and imprisoned under the State law he Constitution of the United States, under article 15, a State cannot is to be amenable also to this proposed law, and he is to be twice pun- abridge their ri~ht to vote. ished for the same offense. That is the practical result. And how Then this article of the Const'ltution operates upon two powers: absurd, how outrageous such a proposition! It contravenes every First upon the United States. It is a limitation upon the power of principle of justice and subverts one of our great principles of lib- the United States. Secondly it is a limitation upon the power of the erty, that no man shall be twice convicted and punished for the same sevemlStates,sothat noS tate can pass alawproviding that a man shall offense. not vote because of his race, his color, or his previous condition of This proposed statute is a mere effort to aid in the execution of servitude. Surely that uoes not imply the power to say that John State laws. I never heard before of such a statutory provision of Smith or William Jones shall not deny or abridge or interfere in any the United States. It is novel and striking. Every State in the way, however wrongful, with the bla,o k man's right to vote or_the Union, I believe, has made like provision for all races. .An officer of white man's right to vote. They for such offense must be punished a State willfully violates the law of his State by refusing to allow a. by the laws of the sev;eral States. Such a construction would make black man to register becanse he is a black man, or a black officer re- this provision of the Constitution operate upon individual persons. fuses to allow a white man to register because he is a white man, and There is no word in the clause that shows any such purpose ; no word the refusal is put upon the avowed fact that he is a white man or a that can be warped into such a meaning. Therefore this bill would black man; he is indicted under the State laws, punished under the be inoperative and void. State laws, and at the same moment, for the same offense, he is to be It may be asked, if this view is correct, if the limitation contained indicted and punished under this proposed act of the Congress of the in the fifteenth amendment clearly operates upon the United States United States. Why, sir, the Constitution never contemplated a and the several States, what is meant by section 2 of article 15, to thing that leads to such a practical absurdity as that. The Consti- witt tution operates on the States; it is a limitation on their power in this The Congress shall have power to onforce this article by appropriate legishtion. respect.. Where the States shall deny the right to vote on any one of the three grounds named, it is competent for Congress to pass somf:l It is easier to ask-this question than to answer it. It may be said law whereby the person so denied his right shall have the benefit of it.. that it means that where a State shall provide by its constitution or by What that law is, as I have said, I am not now prepared to say; but statute, either negatively or affirmatively, that any person shall not such a law I am prepared to support when we shall ascertai 11 what it is. ,, be allowed to vote because of his race, color, or previous condition of Mr. EDMUNDS. I suppose the Senator is aware that the Supreme servitude, in that case it shall be competent for Congress to pass a Court has already determined, and upon that point apparently unan- law whereby the right shall be secured to him as the laws of the State imously, that Congress has power now to provide by legislation of secure the like to other citizens. this character (which in one respect they have found fault with, bnt Mr. EDMUNDS. Would that be necessaryf Could he not defend which is cured in this bill) for this class of oases. under the Constitution without any act of Congressf Mr. WHYTE. May I ask the Senator from Vermont whether the Mr. MERRIMON. How could he vote f Where is the machinery opinion of the Supreme Court is such as that it indicates that legis- for his voting f Can Congress by a mere statute like this make the lation operating upon the individual is " appropriate legislation T" 1876. OONGRESSIONAL RECORD-SENATE. 4063 Mr. EDMUNDS. Most decidedly. white man, shall be indictable in the Federal courts f Why not 7 :Mr. WHITE. In what opinion! The force of the logic of this bill goes that length. If, sir, you can Mr. EDMUNDS. In the opinions delivered this very laat session: make the term "State" mean "persons" in this article of the Con- the United States vB. Reese. stitution, you may pro:vide that, if a white man and black man shall Mr. WHYTE. In which opinion does the Senator find it7 engage in a street fight, because one is black and t.he other is a white Mr. EDMUNDS. That is exactly what I am trying to tell the man, they shall be indictable in the circuit courts of the United State . Senator, if he can wait a minute. The United States vB. Reese and That is the logical effect of the doctrine that underlies and perme- Fooshee, and The United States VB. Cruikshank. ates this bill; and I believe that some of the statutes supported by Mr. WHYTE. Butinwhichofthosetwocasesf Ihavereadthem gentlemen whose zeal outruns their judgment looked to that end, both. went to that length, and it was only after the touch-stone of truth Mr. EDMUNDS. I will not waste time by rea.ding them. I will and judicial judgment was applied that it was found that such send them over to the Senator and he can read them for himself. statutes could not operate, being in contravention of the Constitu- Mr. WHYTE. I am mnch obliged to the Senator. I have asked tion. It is strange indeed, to me, that some gentlemen of ability and him to point out to me in the opinions where the Supreme Court so learning lose sight of reason and truth when the wish is father to say. I have read them both, and I cannot find it; it may be obtuse- the thought. We might as well apply the touch-stone of the law ness in me; and I should like the Senator to point out to me where now ; it must come to that in the end. the Supreme Conrt has said so in either of those opinions T There are many things I should like to say on this bill that I have Mr. MERRIMON. The truth is, Mr. President, that the Supreme not said. I should like to take it up section by section, and scruti- Court carefully abstained from suggesting what appropriate legisla- nize it in connection with this fifteenth article of amendment to the tion would be. They were sensible of the same difficulty that I am Constitution, but I am not prepared to do it. I had no idea. that this sensible of, and that every Senator here onght to be sensible of if we the most important bill which has been before the Senate at this mean to pass a law that is goinO'to be operative. They did not know session would pass aft.er two hours' desultory and hasty debate. I themselves, I venture to say, what appropriate legislation was, and had supposed that the honorable Senator from Vermont would desire they did not venture to suggest it, and I was peculiarly impressed and extend the largest opportunity for discussion, and would be glad with the absence of any such suggestion when I read those opinions. to have all the light possible thrown upon the bill; but with all his It is a very difficult task to determine what is appropriate legislation abilities, with all his opportunity to investigate this matter and and to devise an appropriate statute ; and, for one, I apprehend we manifest purpose to pass the bill at once, he does not deign in open- shall not be able to devise it in an hour's debate in the Senate. It ing the debate, a.s he ha.s a right to do under parliamentary usage, to will require the most serious and scrutinizing reflection and examina- give us an explanation, an exposition of this bill. I was anxious to tion on the part of learned lawyers a/ ter they have taken ample time hear him say and show that this bill rests firmly upon cert-ain pro- for the purpose, to devise a statute that will effectuate the purpose of visions of the Constitution, that it is essential, and to show with his the Constitution. The question is not how the article in the Consti- keen logical mind how it would fit the Constitution and rest there tution ought to have been made; the question is, what is it in the like a great structure set upon a rock; but he has not done it. I take organic lawT We must confine our action to it when we ascertain it he cannot. I believe he cannot. I know he cannot; be goes on what its meanin~ is. Our duty is not to make it, but to ascertain with his mind and eyes closed, leaving the Supreme Court to again what it is and ab1de by it, and do as it obliges us to do. declare the invalidity of this proposed legislation. This, it seems to Now, sir, I should like the Senator from Vermont, or any other me, is not right. I deprecate and deplore such a course of action Senator, to point out to me what provision there is in this bill as a about a matter of so much moment. remedy for the case where a State shall provide that a man shall not Mr. MAXEY. May I be allowed to make a suggestion to the Sen- have a right to vote because of his race, color, or previous condition atorT of servitude. Suppose that Vermont to-day had a statute upon her Mr. MERRIMON. Certainly. statute-book providing that colored men should not vote because of Mr. MAXEY. I understand the chairman of the Committee on the their race, color, or previous condition of servitude, how would this Judiciary to say, in response to a remark made by the Senator from bill afford any remedy in that case T I have read it; I have not had Maryland, that he did not rely exclusively on the fifteenth amend- the opportunity to study it very thoroughly, but, according to my ment for this power of Congress to legislate on individuals in respect reading, there is no provision for the very ca.se contemplated by the of the matters contained in the bil1. I should like to have the Sen- fifteenth article of the amendments. It is strange to me that that ator from North Carolina, while he is up, get out what provisions of :;enator, having the subject so much at heart, and having had such the Constitution it is that justifies this legislation. ample opportunity, should have failed to provide for and against Mr. MERRIMON. I waa going, before I took my seat, to ask the the very difficulty that the fifteenth article was intended to cure and honorable Senator from Vermont, for my own information and benefit, ouYiate. There is no provision, I repeat, in this bill of a remedy for if no one else desired it, to tell me the constitutional provisions upon the colored man if his right shall be abridged in Vermont or in any which this bill rests and upon which it can stand, if not upon the other State because of his race, color, or previous condition of servi- fifteenth amendment. I think it was due the Senate. I expected to tude-. That is the point to which this remedy ought to be directed, hear him go into a learned exposition of the constitutional provisions but it is absolutely and entirely omitted and ignored. that warranted this bill; bot it seemed as if he was in a hurry, and If the construction the Senator places upon this article of the Con- notwithstanding my protestation and the protestation of other Sena- stitution is the correct one; if by the term 11 State" this article can be tors of an honest desire to get a.t the trnth and to do right about this so construed as to operate upon every individual citizen of the sev- business, he would not heed us; he goes on in hot haate; and I tell ral States, it is very much as if we were living to-day in a great con- the honorable Senator now that I apprehend if he goes on in this hot - solidated, centralized form of government. That is a view which haste and this bill passes as it is the Supreme Court, in the exercise, contravenes t.he whole theory, history, and practice of the Constitu- not of partisan haste and feeling, but in the line of truth in the ap- tion, and it must be alarming to every citizen of the Union who takes plication of the touch-stone of the law, will go through the meshes of a. candid view of his rights under that system of Government which this bill again, just as they did through the other. That is what I was established by Washington and our fathers. expect. I do not believe this bill can stand, and therefore I am Sir, we are called upon to-day to pass this strange bill, this bill so against it. It is not going to effectuate the purpose that ought to be far-reaching in its provisions, this bill affecting most injuriously, if it effectuated; and then, besides, it goes to the country and to the world should pass, the very vital features of our Government, in two hours, aa a manifestation of a purpose on the part of Congress to wipe out those who question its constitutional propriety protesting t.hat they those limitations upon Federal power which are essential to the pres- have not had an opportunity to exn.mine it or to prepare anything ervation of free institutions in this country. I am against it;sir, upon as a substitute for it. If I had the opportunity I would be gln.d, if I all these grounds. should find I had the ability to do it, to submit something as a sub- The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The stitute that would meet the purpose contemplated by the fifteenth question is on the amendment of the Senator from Ohio [Mr. THuR- amendment; but that opportunity is denied me as the matter stands. MAN] to the amendment reported by the Committee on the Judiciary This bill is to pass to-day without proper scrutiny. I have great re- as section 2, to strike out the words "person or" in the :first line. spect for the Judiciary Committee, for all its members. They are Mr. WHYTE. I call for the yeas and nays. able lawyers and excellent gentlemen and citizens; but, upon a mat- The yeas and nays were ordered, and the Secretary proceeded to call ter that has for years engaged the attention of this country, of the the roll. Congress, the lawyers of the country, and the Supreme Court, the Mr. SPENCER, (when his name was called.) On this question and members of that committee might make a mistake as well as other n.ll other questions ~onnected with this bill, I am paired with the Sen- people, as they did before; for the former bill passed the scrutiny of ator from Connecticut, [Mr. BARNUM.] If he were here he would vote the Judiciary Committee of this body. They may err now a.s they "yea," and I should vote "nay." certainly ha.ve done in the past, and they ought to be willing to give Mr. HlfMILTON, (when Mr. WINDOM's name was called.) I am re- the largest opportunity for examination, reflection, and discUSBion. quested by the Senator from Minnesota [Mr. WINDOM] to say that he I repeat, I regret the course the Senator in charge of the bill has is paired with the Senator from West Virginia [Mr. DAVIS] on these taken. questions. If the Senator from Minnesota were here he would vote If the bill is to paas in this shape, if, by the term " State," this ar- "nay," and the Senator from West Virginia would vote "yea" on this ticle is to be construed so as to operate upon individuals, why not amendment. put in another clause which will provide that any man who shall com- The call c..f the roll was concluded. mit an assault upon another because he is a bla~k man, or a black Mr. MORTON, (who had at first voted in the negative.) As this ap- man who shall commit an assault upon a white man because he is a. pears to be a political question, I ask leave to withdraw my vote. I 4064 CONGRESSIONAL RECORD-SENATE. JUNE 23, a.rn paired on all political questions with my colleague, [Mr. McDoN- The yeas and nays were ordered, and the Secretary proceeded to call ALD,] who is now absent from the Senate. the roll. The PRESIDING OFFICER. The Senator's vote will be with- Mr. BOGY, (when his name was called.) On this and all other drawn. questions ~owing out of this bill I am paired with the Senator from Mr. PATTERSON. I am paired with the Senator from Pennsyl- Arkansas, [Mr. CLAYTON.] vania, [Mr. WALLACE.] If he were present he would voto for the Mr. CAMERON, of Pennsylvania, (when his name was called.) On amendment of the Senator from Ohio, and I should vote against it. this question I am paired with the SenJ.tor from Delaw:tro, [Mr. BAY- ~~~ PATTERSON, (when his name was called.) On this question Mr. CAMERON, of Pennsylv:tnia. I am paired with the Senator from Delaw:tre, [Mr. BAYARD.] Mr. BOGY. I am paired with the Senator from Arkansas, [l\Ir. I am paired with the Senator from Pennsylvania, [Mr. WALLACE.] If CLAYTON.] If he were here he would vote against this amemlment, present he would vote "yea," and I should vote '' nay. ' and I should vote for it. · Mr. SPENCER, (when his name was called.) On this question I Mr. CHRISTIANCY. I am paired with the Senator from New York, am paired with the Senator from Connecticut, [.Mr. BARNUl\:t:.] If he [Mr. KER...~AN.) If he were here he would vote "yea;" and if other were present he would vote "yea," and I shoulu vote ''nay." words were inserted in pln.ee of those proposed to be stricken out here, Mr. HAMILTON, ('when Mr. WTh"'DOM's name was called.) The en- or rather at the end of the third line, I should vote" nay." As it is at.or from Minnesota [Mr. Wll-I"DOM] is paired with the Senator from now, it is not nece s:1ry to state bow I should vote on this precise West Virginia, [Mr. DAVIS. I The Senator from Minnesota would amendment. vote "n:ty" and the Senator from West Virginia "yert," if they were The result was announced-yeas 14, nays 25; as follows: present. YEAS--Messrs. Caperton, Cockrell. Eaton, Goldthwaite, Johnston, Kelly, Mc- The roll-call having been concluded, the result was :tnnounced- Creery, Maxey, Mcrrimon, Norwood, Ransom, Thurman, Whyte, and Withera-14. yeas 15, nays 26; a.s follows: NAYS-Messrs. Alcorn, Allison, Anthony, Booth, Conkling, Dawes, Dorsey, YEA8-Messrs. Caperton, Cockrell, Eaton, Goldthwaite, Johnston, Kelly, Key, Edmunds, Ferry, Frelinghnysen, Hamilton, Hamlin, Harvey, Howe, Ingalls, Logan, McCreery, Maxey, Merrimon, Norwood, Ransom, Thurman, Whyte, and Withers- Mitchell, Morrill of Maine, Morrill of Vermont, Oglesby, Paddock, Robertson, 15. Sargent, Sherman, and Wadlei rrh-25. NAYS-Messrs. Alcorn, Anthony, Booth, Brnce, Conkling. Cragin, Dawes, Dor- ABSENT-Messrs. Barnum, Bayard, Bogy, Boutwell, Bruce, Burnside, Cameron sev Edmunds, Ferry Frelinghnysen, Hamilton, Hamlin, Hitchcock, Howe, In· of Pennsylvania, Cameron of Wisconsin, Christia.ncy, Clayton, Conover, Cooper, ~alb, Logan, Mitche'ii, Morrill of Maine, .Morrill of Vermont, Oglesby, Paddock, Cragin, Davis, Dennis, Gordon, Hitchcock, Jones of Florida, Jones of Nevada, Robertson, Sargent, Sherman, and Wa.dleigh-26. Kernan, Key, McDona.ld, McMillan, Morton, Patterson, Randolph, Saulsbury, ABS:ENT-Md:.srs. Allison, Barnum, Bayard, Bogy, Boutwell, Burnside, Cam- Sharon, Spencer, St~venson, Wallace, West, Windom, and Wright-3t eron of Pennsyl v:mia. Cameron of Wisconsin, Christiancy, Clayton, Conover, So the amendment to the amendment was rejected. Cooper, Davis, 'Dennis, Gordon, Harvey, Jones of Florida.. Jones of Nevada, Ker- The PRESIDING OFFICER. The question ~ecurs on the amend- nan, McDonald, McMillan, Morton, Patterson, Randolph, Saulsbll'y, Sharon, Spen- cer, Stevenson, Wa.llace, West, Windom, and Wright-3:l. ment of the Committee on the Judiciary proposed to be inserted as section 2. So the amendment to the amendment was rejected. Mr. WHYTE. I move to strike out the word "fail" in the ninth The PRESIDING OFFICER. The question recurs on the amend- line ; and insert in lieu thereof "refuse;" so as to 1·ead: ment proposed by the committee as n. second section. · Or shall for sa.id ca.u.se refuse to allow a.nd furnish to such citizen. Mr. CHRISTIANCY. I offer the following amendment to the amendment: Strike out in the first line the worda "person or" and Mr. EDMUNDS. That amendment is only calculated, I do not say insert at the end of the third line "or pretending to be such officer, or designed, to emasculate the force of the bill. That is all I wish to UBsuming to exe1·cise such authority." say. I hope it will not be adopted. The PRESIDING OFFICER. The Chair would suggest to the Sen- Mr. WHYTE. It is not intended for any such purpose, nor do I be- ator from Michigan that the first p:trt of the amendment is not in lieve the effect of it, if the change is made, would have any such pur- order, as the Senn,te has already voted on the question of striking out pose, if the law itself be worth a rush after it is passed; but it is the words "person or" on the motion of the Sen:ttor from Ohio. intended not to put such a word as "fail" in the law, which in the :Mr. CHRISTIANCY. But that was while it stood alone; and it is dictionary means to neglect to a-ssist a voter in voting or in getting very easy to see that the propositions are quite different and that to the pollB that he may vote. I do not think that Congress has any the effect of the two would be quite different. Striking out simply power, nor do I think that any State has power to compel any citizen and striking out and adding other words, it seems to me, are quite to assist anybody in executing or obtaining a right to which he is different proposi\ions. entitled, unless that person be officially charged with such a duty by The PRESIDING OFFICER. There are really two distinct amend- the law; and as the words" any person" h:tve been left in the sec- ments offered by the Senator·from Michigan. tion, the word " full" ought not to remain here, but a word ought to Mr. CHRISTIANCY. I think my proposition is in order. be put in which requires some a{}tive resistance, some active refusal on Mr. THURMAN. Is it not in order to move to strike out those the part of thA citizen to do some duty which he ought to perform. words in connection with a mopon to add other wordBY The PRESIDING OFFICER. The question is on the amendment Mr. EDMUNDS. It is not a motion to add words in the same place, of the Senator from Maryla.nd [Mr. WHYTE] to the amendment of but in another part. the committee, Mr. THUR~1AN. That can make no particle of difference in my :Mr. WHYTE called for the yeas and nays, and they were ordered. jud<1ment. The general effect is to modify the bill. You can move The Secretary proceeded to call the roll. to strike out and insert other words, though a motion to strike out Mr. BOGY (when his name was called.) As already stated on a alone has been refused. previous occa-sion, I am paired with the Senator from Arkansas, [:Mr. The PRESIDING OFFICER. If the words were to be added in CLAYTON.] the same place, the- Chair would have no doubt that it was in order; :Mr. CAMERON, of ·Pennsylvania, (when his name was called.) I but as it is, the Chair has doubts. am paired with the Senator from Delaware, [Mr. BAYillD.] Mr. EDMUNDS. It is not in order as proposed. . Mr. COOPER (when his name was called.) I am paired on this The PRESIDING OFFICER. The Cb:tir will hold- question with the Senn.tor from Minnesota, [Mr. Mc.Mn.LAN.] If he Mr. EATON. Let the :tmend.ment be reported again. were present he would vote "nay" and I should vote "yea." The CHIEF CLERK. It is proposed to strike out in the first line the Mr. PATTERSON, (when his name was called.) I am paired with words "person or" and to add at the end of the third line "or pre- the Senator from Pennsylvania, (Mr. WALLACE,] who, if present, t-ending to be such officer, or assuming to exercise such authority." would voto "yea" and I should vot-e "nay." Mr. SHERMAN. Is it in the same paragraph f Mr. SPENCER', (when his name waa called.) I am paired with Mr. CHRISTIANCY. The same paragraph and the same section, the Senator from Connecticut, [Mr. BARNUM.] If he were present bearing on the same proposition. he would vote" yen.," and I should vote "nay." · Mr..EDMUNDS. The motion to strike out and insert thRtt the rules The roll-call hn.ving been concluded, the result was announced- provide for, as I supposed everybody understood, is a motion to strike yeas 15, nays 26 ; as follows : out and insert in place of the words stricken out. That is what par- YEAS-Messrs. Caperton, Cockrell, Eaton, Goldthwaite, Johnst.on, Kelly, Key, liamentary la.w and the rule refer to; and you cannot evade that by McCreery, Maxey, .M.errimon, Norwood, Ransom. Thurma.n, Whyte, and With- moving to strike out words that have been ordered to stand and in- ers-15. NAYS-Messrs. Alcorn, Allison, Anthony, Booth, Br•1ce, Uonkling, Cragin, sert something else somewhere else in a different part of the section, Dawes, Dorsey, Edmunds, Ferry, Frelinglmysen, Hamilton, Hamlin, Harvey, The PRESIDING OFFICER. The Chair will hold that inasmuch Hitchcock, Howe, IngaJ.ls, Logan, Mitchell, Morrill of Maine, Morrill of Vermont, as t.h e proposition of the Senator from Michigan is m effect two Oglesby, Robertson, Sargent, a.nd Sherman-26. . .ABSENT-Me srs. Barnum, Bayard, Bo&J, Boutwell, Burnside, Cameron of amendments, moving to strike out certain words and then to insert Pennsylvania, Cameron of Wisconsin, ChristiancYt.~ Clayton, Conover, Cooper, others in another place, it is not in order, especially as the first por- Davis,' Dennis, Gordon, Jones of Florida., Jones of ~ eva.da., Kernan, McDonald, tion of it has been passed on by the Senate. McMil.J.an, Morton, Paddock, Patterson, Randolph, Saulsbury, Sharqp, Spenoer, Mr. THURMAN. Do I understand the Chair to rule that the mo- tevenson, WatUeigh, Wallace, West., Windom, and Wright-32. tion to strike out the words "person or" is out of order Y So the amendment to the amendment wa-a rejected. Mr. EDMUNDS. It has been voted that those words shall stand. The PRESIDING OFFICER. The question recurs on the amend- Mr. THURMAN. I did not ask the Senator from Vermont; I asked ment proposed by the Committee on the Judiciary as section 2. the Chair. Mr. NORWOOD. For the reasons that have been pointed out by Mr. EDMUNDS. That is true. the Senators from Ohio and Maryland, which I will not repeat, I move The PRESIDING OFFICER. The Chair rules that, inamnuch aa to strike out the words " and furnish" in line 9, and on that motion the words "person or" were moved to be stricken out by the Senator I ask for the yeas and nays. from Ohio and the Senate ba-s passed upon that question, it is not in 1876. CONGRESSIONAL RECORD-SENATE. 4065 order now to move to strike 1hem out again unless there is included do that. He proposes to strike out the words that the Senate has said in the same motion the insertion of other words in the same connec- shall stand there, and in another part of the section to intlert other tion, which is not done by tho amendment proposed by the Senator words. That does not fall within the mle, and nobody before ever f1·om Michi...,an. . contended that it did that ever I heard of. Mr. THURMAN. Then I beg leave to appeal from the decision of Mr. WHYTE. I hope the Senator from Ohio will withdraw the the Chair. appeal, for this reason: The Senator from Michigan can reach his The PRESIDING OFFICER. The Senator from Ohio appeals from point in a moment without any question as to the order of proceed- the decision of the Chair. ing by moving to strike out all after the word "any" in the first line Mr. THURMAN. Now, Mr. President, as I understand, the ruling down to the word " shall" in the fourth line, and to insert the words of the Chair is that, notwithstanding the Yote refusing to strike out just as he desires: those words, it would be in oruer to move to strike them out and in- Officer of the United States, or officer of any State, or any person exercising sert other words in lieu of them in precisely the same place that those power or authority under the United States or any State, or pretenuillg to be such words now occupy. While I pretend to no great know lodge of the officer, or Msuming to exercise such authority, &c. rules of parliamentary proceeding, it does strike me that that is a lim- By moving to strike out the whole of the clause as it stands and ited e1fect given to the right that surely cannot be the sound one. A inserting these WOl'ds I suggest to the Senator he would be strictly motion is made to st.rike out these same words which the Senate has in order. refused to do, to strike out; but, coupled with them, and bearing upon Mr. THURMAN. I have no doubt that that would accomplish the the very same subject, and relating to the same subject, and in the purpose of the Senator from Michigan; but, if I am able to judge of very same paragraph of the same section of the bill, to insert other anything, his motion is perfectly in order, with due respect to those words, the effect of the striking out and of inserting the other words who understand the subject better than I do. His right to move to being to qualify the section. Now the Senator from Michigan can strike out and insert, notwithstanding the refusal of the ·Senate to achieve his purpose by striking out these words and inserting other strike out those particular words, is not denied; but his right to '\"\"Ords in precisely that snme pla{le; but it might requil'e a phrase- move to strike those words oot and insert others in lieu of them, in ology that would be awkward; it might not leave the section so the way be has done, is questioned. Is not that within the object of symmetrical as it would be by inserting the words in another place ; the rule which authorizes him to make the motion f But the Sena- it might require more words, more provisions. But if he can do that tor from Vermont says that he must insert them in identically the by inserting the new words right in that v.ery place where the words same place where the words moved to be stricken out now stand. I are stricken out, why shall he not be allowed to do so by inserting say that that is too narrow a construction of the rule and might de- words in th~ same section, in the same paragraph of the section, the stroy its utility altogether. When he moves to strike out those eftect of which is precisely the same as if he had inserted them in the words and insert other words which are to take their place, which same place or if other words having the same effect were inserted in are to form a substitute for the words stricken out, which are to be the same place f in lieu of the words stricken out, he has the right to move to insert I always speak with great diffidence about any question of rules, the words in such part of the section as will be most appropriate for because I never have made them a study, and I do not suppose I the purpose, and he need not confine it to the particular hole that is should be very successful if I were to 1o so; but I do app,e al to those made in the section by striking those wordS out. If that is not the who are conversant with such rules in the Senate to say whether or case, the rule authorizing him to strike out and insert is emasculated, not this extremely narrow and limited interpretation of the right to or at least deprived of half its force. move to strike out and insert which is placed by the Chair in this However, I am perfectly willing to withdraw the appeal, because ca e is the correct role. I am afraid that if the question were taken on my appeal now, with The PRESIDING OFFICER. The question is, Shall the decision of this bill before us, the ruling of the Chair would be sustained, and a the Chair stand as the judgment of the Senatef The Chair desires to very bad precedent would be set. I want to raise the question on state before t.be question is put, that, regardless of the fact that a mo- some bill which has no party in it, if the question ever arises again, tion has already been made to strike out the words" person or" and the when I hope my views in regard to the rule will prevail. I withdraw Senate has passed upon that, the present occupant of the chair would the appeal. hold that it would not be in order for any Senator to move to strike The PRESIDING O:FFICER, (Mr. MITCHELL in the chair.) The out several words and insert other words in different places in this appeal is withdrawn. amendment of the committee. That is the propositiQil of the Senator Mr. CHRISTIANCY. I think perhaps it may not be out of order from Michigan. He moves to strike out and insert. His motion re- for me to say that unless the Senator from Ohio is right in what he fers .to two different parts of the section, and is not to sti·ike out a said as to striking out and inserting, the rule as it now stands is a definite, specific portion of the section. Therefore the Chair holds mere mechanical rule without sense or logic. But I do not rise for that upon that ground it would not be in order ; and for the further the purpose of going into tha.t question. I rise to move the amend- reason that the words "person or" have already been passed upon ment precisely a-s it was suggesteu by the Senator from Maryland, bv t.be Senate a.ncl retaineu in the section. [Mr. WHYTE,] which I undertook to do three or four time~:~ before, ·Mr. EDMUNDS. I do not mean to be betrayed into wasting the but could not get the floor. I propose to amend by striking out all time of the Senate on a collateral subject, when I do not feel at after the word "any" in the first line of the second sect.ion down to liberty to occupy its time on the main question, that has been gone the end of the third line, in these words: over so many times and is understood by everybody; but I will say Person or officer of the United States, or officer of any State, or any person ex- to the Senator from Ohio that his remarks now have reminded me of ercising power or authority under the United States or any State. what he said two ortru·ee days ago very positivelyf!"andhasintimated And in lieu of them to insert: again, and that is, that he is less familiar with tne rules of parlia- Officer of the United State.s, or officer of auy State, or auy person exercising nw'tary law and of this body f.ban almost anybody in it. I have power or authority under the United States or any State, or pretending to be sucli 11u doubt he said that in good faith ; and he has gone far to convince officer, or assuming to exercise such authority. me that he is correct iu the statement. Mr. EDMUNDS. I might make a point of order upon the amend- The twelfth rule says: ment in that form, but I will not waste the time to do it. On a motion to strike out and insert, it shall not be in order to move for a divis- The PRESIDING OFFICER. The question is on the amendment ion of t.he question; but '.b Jrejectiou of a motion t{) strike out and insert one prop- of the Senator from Michigan [Mr. CHRISTIANCY] to the amendment. o:,~itiou shall not prevent a motion to strike out and insert a different prop.os1tion, nor prevent a. subsequent motion simply to strike out; nor shall the rejection of a . Mr. CHRISTIANCY. I wish to say a few words at least to Bhow motiou simply to str1ke out prevent a. subsequent motion to strike out and insert. my idea of the propriety of this language. I look upon this section as it is now drawn as intended really to control officers or those who Now, I submit to my friend according to the little knowledge that assume to act or pretend to have the authority of officers. The whole I have-I do not pretend to have quite so little as myfrieud does, but sec~ion shows that that is really the design: I do not claim to have much more-according to the littleknowledgo Shallden:vor abrid"e t{) any citizen of the United States entitled by the laws of and experience I have, I never heard it claimed before that under such Srate or by the Constitution or laws of the·United States to vote at any e!ec- this provision a motion to strike out simply should not prevent a tiou, the right and opportunity so to vote at such election by reason of his race, color, motion to strike out and insert words, applied to any other proposi- or previous condition of servitude. tion than a motion to strike out certain words and insert in lieu of Thus far there is no inconsistency in leaving the word "person" to them certain others. stanu in its present context, without amendment; lJut when we go 1\ir. THURMAN. Now may I interrupt the Senatorf The Senator further and speak of allowing and furnishing to citizens "so en~itled from Michigan proposes to do that very thing, to strike out those to .vote as aforesaid, a full, fair, impartial, and equal opportunity words and insert in lieu of them other words. under the laws," that is an apparent discrepancy and au apparent Mr. EDMUNDS. No; he does not. inconsiste11cy, as suggested by tho Senator from Mary land. It seems Mr. THURMAN. But the Senator from Vermont thinks he must to me with tho amendment which I have proposed, the section will insert tbom in identically the same place. That is the point. cover all tha,tit could now cover by retaining the word" person" in its Mr. ED.\1UNDS. That is exactly what I am saying. I say that I present connection; and by inserting the words which I have proposed 11ever beard it contended before, and I do not believe I shall ever bear all apparent discrepancy and inconsistency will be removed. I will it contended again, that this rule which says that the rejection of a not say that the section will necessarily be inconsistent as it now motion simply to strike out shall not prevent a motion to strike out stands; but all .apparent inconsistency would be removed, and the and insert can mean anything else than striking out certain words remedy would be just as perfect if it be amended as I propose. It and inserting in lien of them-! emphasize the term as I diu uefore- would inclm1e all the cases that it could now include. For this reason certain other words. The Senator from Michigan does not propose to I hope the amendment I have offered may be adopted. IV-255 4066 CONGRESSIONAL RECORD- SENATE. JUNE 23, Mr. EDMUNDS. I merely wish to say one word, because I know Mr. WHYTE. Mr. President, apart from the broad invasion of the that the amendment proposed by my friend is proposed in good faith right of a State to regulate the mode of registration and the mode of and with the desire to relieve a difficulty which be thinks be sees. I conducting the exercise of the right of suffrage, I do say, with great merely wish to say to the Senate that the committee considered this respect to the intelligence of the distinguished chairman of the Com- subject with the utmost diligence and care, and we designed to make mittee on the Judiciary and his colleagues, that the ingenuity of man this section cover every act of the character named that could be per- could not devise a scheme for the perpetration of fraud upon the elec- formed by an officer or by anybody else, that nothing should stand be- tive franchise more perfect than this section. Scarcely any Senator tween the effort of a citizen having a right to vote and his exercise on this floor will undertake to deny that at this time such a provision of that right by putting his vote into the proper ballot-box, and not as this is unwise and impolitic, apart from the invasion of the consti- allow anybody by any technicality to escape by showing that when tutional rights of the States; a question which I do not choose to dis- he did that thing be was not a legal officer, or was exercising office cuss. Here is a provision of law intended to set at naught and to by wrong, or not pretending to exercise it at all, if he did the thing. nullify the registration acts of every State in this Union. Here is a Therefore I hope that the amendment of my friend will not be provision which tmdertakes to set up the affidavit of a party denied adopted, because the language he uses, "assuming to exercise official the right of registration as conclusive evidence of his right to vote, function," might be held to apply to a case which would require the and to inflict punishment upon the judges of election who do not Government to prove, in the instance of a great outrage, for example, accept his ballot upon his simple affidavit alone. that the persons who did it did it in the pretended exercise of official The reason stated by the party in his affidavit why he was denied authority when in point of fact they might have taken possession of registration is to be the conclusive evidence of his right to vote, and the ballot-boxes without any pretense at all and carried on an elec- on that affidavit he is to trample under foot the registrat.ion laws of tion which would be very good to count for one party and not good every State in this Union. No syste·m of registration in a State where to count for t.he other. colored men reside would be worth a ban bee under this section. A The PRESIDENT pro t.entpm·e. The question is on the amendment man himself, on his own affidavit, furnishes to the officer who receives of the Senator from Michigan to the amendment. the ballot the reason why he was denied the right of registration. Mr. WHYTE. I ask for the yeas and nays. There is to be no investigation before a court, no application to a court The yeas and nays were ordered; and the Secretary proceeded to to have him registere£1 where he was deniecl the right of re~istration, call the roll. bnt in a State where the law f)rohibits any ma.n from votmg unless Mr. BOGY, (when his name was called.) I am paired on this bill his name appears upon the registration list, a law ena-cted in the in- with the Sena.torfrom Arkansas, [Mr. CLAYTON.] I presume he would terest of purity of elections, so that a man can be identified before vote one way and I the other. the day of election, the party offering to be registered, no matter :Mr. CAMERON, of Pennsylvania, (when his name was called.) I upon what ground he was refused the right of registration, goes to am paired with the Senator from Delaware, [Mr. BAYARD.] i1he ballot-box and on his oath alone deposits his vote in the ballot- Mr. SPENCER, (when his name was called.) On this question I am box, and it may be nullifies and destroys the vote of the honest citi- paired with the Senator from Connecticut, [Mr. BARNilli.] He, if zen. No punishment is provided for him for perpetrating his fraud present, would vote "yea" and I should vote ''nay" on this proposi- and committing perjury in casting his ballot. 0, no; you let him go tion. scot-free; bnt the man who stands by the law of his State and re- Mr. WRIGHT, (when .his name was called.) I desire to say, as I quires the proof of the right of registration, and who denies regis- have already stated, that I am paired on this bill with the Senator tration when no proof can be produced, must be punished, although from Maryland, [Mr. DENNIS.] If he were here he would vote" yea" the party making the affidavit be steeped in perjury. There is no and I should vote ''nay" on this question. I make this statement State law to convict the man of the crime of perjury in making such now, and shall not again refer to the pair in the subsequent stages of an affidavit, because the State law does not recognize the right to the bill. vote upon such an affidavit, and there is no law of Congress to punish The roll-call was concluded and the result announced-yeas 16, nays the man who swears falsely to corrupt the ballot-box. 26; as follows : Wo are told that this is in the interest of purity of election aud to YEAS-Messrs. Caperton, Cbristiancy, Cockrell, Eaton, Goldthwaite, Johnston, protect the rights of the people. Look at the fraud that can be per- K elly. ~ey, .McCreery, Maxey, Merriman, Paddock, Ransom, Thurman, ·w byte, petrated under this section of the bill. Hundreds of men may be de- and W1thers-l6. nied the right of registration, because they do not come under tho NAYS-Mes rs. Alcorn, Allison, Anthony, Booth, Bruce, Conkling, Cragin, provisions of too State law, and not upon the ground of their color, Dawes, Dorsey, Edmunds, .Ferry, Frclingbuysen, Hamil ton, IIamlin, IIarvey, or their race, or tqeir previous condition of servitude. They may be Hitchcock, IIowe, Ingalls, Logan, Mitchell, Morrill of Maine, Morrill of Vermont, Oglesby, R~bcrtson, Sargent, and Sherman-26. denied for other grounds, and yet if they choose to swear that they ABSENT-Messrs. Barnum, Bayard, Bo~y, Boutwell, Burnside, Cameron of were donied upon those grounds they are entitled under the bill to Pennsylvania, Cameron of Wisconsin, Clayton, Conover, Cooper, Davis, Dennis, vote and enabled to go scot..-free, though steeped to their chin in per- Gordon, Jones of Florida,, Jones of Nevada, Kernan, McDonald, McMillan,Morton, Norwood, Patterson, Randolph, Saulsbury, Sharon, Spencer, Stevenson, Wadleigh, jury. Can that be the intelligent legislation of the fienate of the WaJ.la(le, West, Windom, and Wrigbt--31. United Statesf · Mr. EDMUNDS. May I a-5k the Senator a questionf So the amendment to the amendment was rejected. Mr. WHYTE. Certainly. The PRESIDENT pro ten~pore. The question recurs on the amend- Mr. ED11:UNDS. Will the Senator be kind enough to recur to tbe ment proposed by the Committee on the Judiciary. fourteenth and fifteenth lines on page 4 and tell me the meaning of Mr. THURMAN. The amendment proposed by the committee now the words" and being otherwise qualified," in connection with the under consideration is simply shall the second section be inserted, I criticism he is now making ! nnderst.and. 1\Ir. WHYTE. Who is to determine whether he is otherwise quali- The PRESIDENT pro tempore. That is the amendment. fied f You make his affidavit the conclusive evidence of his right to Mr. THURMAN. It does not touch the other section.o;;. vote and he determines it for himself. Ah ! the Senator from Ver- The PRESIDENT pro tempm·e. The question is on the amendment mont may laugh, but a laugh is no answer to an argument. of the committee inserting the second section. 1\fr.EDMUNDS. No; butitisananswertowhatisnotan ar~ent. The amendment was agreed to; there being on a division-ayes 25, Mr...WHYTE. Perhaps the Supreme Court of the Unitea States noes 16. will make th6 same answer to this bill if enacted into a law t.ha.t it The next amendment was to insert the following as section 3: made to your previous law, that it is not ''appropriate legislation." That whenever, by or under the authority of the constitution or laws of any State Mr. EDMUNDS. That is possible. or the laws of any Territory, or the laws of the United States, any act is or shail Mr. WHYTE. Then perchance the laugh will be on the ot.ber side. be required to be (!one by any citizen as a prerequisite to qualify or entitle him to I may not make any impres<5iou upon the mind of the Senator from vote, the offer of any such citizen to perform tho act required to be done as afore- Vermont, but it is my duty here to point out that which seems to me said shall, if it fail to be carried into execution by reason of t.be wrongful act or omission of the person or officer charged with the duty of receiving or permitting to be an imperfection in the bill. I uo not appeal to him as my judge such performance or offer to perform or acting thereon, proceeding from the race, whether it is argument or not argument. Nothing is ever argnment, color, or previous condition of servitude of such citizen, be deemed and held as a probably, in his view which is hostile to the views of the Senator performance in law of such act, and of the due performance lly such person or offi- from Vermont; but as a lawyer I state my opinion (which may not cer of his duty in the premises; al)d the person so offering and failing as aforesaid, and being otherwise qualified, shall be entit.led to vote in the same manner and to weigh in the scales with the opinion of the Senator from Vermont, the same extent as if be had in fact perlormecl such act., and as if such person or t.hough I am somewhat elevated in my belief, I must say, in view of officer bad done his duty in the premises; and any judgs, ins11ector, or other officer the action of the Supreme Court upon his former law) that this sec- of election whose duty it is or shall be to receive, count, certify, register, report, or tion is the grossest-! speak in parliamentary language and respect- give effect to the lawful vote of any citizen, who shall wrongfully refuse or o"tnit to receive, count, certify, register, report, or give effect to the vote of such citizen fully-the grossest perversion of the purity of the ballot-box that can so havin~ offered and failed to perlorm as aforesaid, upon the presentation by him possibly be devised. It puts in the hands of every dishonest negro of his afti(lavit stating that be had a. right to qualify as a. voter, and such offer, and man in a State power to cast his ballot upon his own say-so as to his the time and place thereof, and the name of tbe officer or person whose duty it was right to registration within the State and under the State laws. It is to act thereon, and that he was wrongfally prevented by such officer or person from performing such act by reason of his race, color, or previous condition of servitude not intended for that, of course. I trust I have too much respect for shall for everv such ofl:'ense forfeit and pay the sum of $500 to the person a~grieved myself and for the Senate of the United States to say anything that thereby, to be recovered by an action on t'ho case, with full costs and such allow- would be discourteous to any Senator or to the a-ction of any commit- ance for counsel fees as the court shall deem just; and shall also for overy snch tee; but I do say that practically this is providing the grandest en- offense be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than 500, or be imprisoned not less than one month and not more than one gine for fraud that could be conceived by man. It actually opens year, or both, in the discrot10n of the court. the door to all sorts of corruption. 1876. CONGRESSIONAL RECORD-SENATE. 4067 There are as many bad colored men almost-! shall probably be friend's imagination, or that of any other gentleman, has conceived allowed to say that-in proportion to number as white men who are about this bill. open to corruption; aud here i!S actually a cm·te blanche providetl for It is said this man may commit perjury-put it in its strongest di~bonest colored men to vote on their own affidavit. Let us a.pply sense, a real perjury, a willful, corrupt falsehood under oath-and it practically. A man presents himself to be registered under this bill. you do not provide any punishment for it. The committee had the He is denied the right on the ground that be does not reside in the impression- perhaps they were wrong; we shall gain information as county or that be has not resided there long enough, and he is turned we go on-that it was not necessary to re-enact all the laws of the away upon that ground. What does he do Y The day of the election United States every time we pass a statute. Here is section 5392 of comes on, and he walks up to the ballot-box with his affidavit nnd the Revised Statutes, which says: swears that he was not registered in the ninth district in such a Every person who, having taken an oath before a competent tribunal, officer, or county in such a St.a te, because of his race, his color, or his previous person, in any case in which a law of the United States authorizes an oath to bo condition of sArvitmle, and that he was otherwise qualified to vote. administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate- What is the judge of election bound to do under this proposed lawf H e is bound to take that vote or stand the pe11alty provided in this And "deposition" covers "affidavit," as everybody knows- law. He is not only bound to stand the penalty of indictment a1Jd by him subscribed is true. willfully and contrary to such oath states or snbscril1es trial in court.s of criminal jurisdiction, but is liable to a suit on the any material matter which he does not believe to be true, is guilty of pe•jnry, and civil side of the United States court for the amount which he is to shall be punished by a fine, &c. forfeit in case he refuses it. This is to be clone without the slightest The committee did not think it was necessary to re~enact the crimi- guard at all thrown around the ballot-box against the man who makes nal code every time we provided for an affidavit. As I say, I cannot the affidavit. There is no proYisiou in the bill punishing for false waste time, but the object-! beg pardon, not the object, but the swearing in a case of this kind. Can it be po sible that such crude effect--is to waste time upon subjects to be gone over and over again. legislation as this shall go forth from the Senate of the United States, I come to my friend from Maryland, [Mr. WHYTE.] He remarked composed of intelligent lawyers, distinguished in their profession at that perhaps what he said would produce no impression upon my home, that it shall go forward to be riddled again by the astute mind. My friend from .Maryland is greatly mistaken. 'Vhat he says judges who sit in the Supreme Court of the United States f alwavs produces an impression upon my mind. Preciselythe charac- I appeal to Senators not to let party feeling sway them in looking ter of the impression, of course, differs with the different occasions on at the principle involved in this case; but, if they want t-o protect which my friend speaks. When he gets out of the whirlwind of poli- t.he black man, to protect him with legislation that will do honor tics and of prejudice-and that is perfectly natural, I agree, because and credit to their intelligence a.s men and to their knowledge as a hundred years of particular institutions and particular views can- lawyers. not be expected to be gotten over in no time-when he gets out of Mr. MERRIMON. Mr. President, I join with the Senator from that whirlwind and fog and comes into regions where his mind is Maryland in expressing astonishment at the provisions of this section. perfectly level, the impressions he produces upon me are always of It opens the widest door to the grossest fraud. Not only that, but it the most favorable character; but he will give me leave to say that virtually offers a ·reward for it. Of course, no such purpose was upon these topics I think that he does not see with exactly his usual intended by the committee, but that is the effect of it. well- balanced considerat.ion. He objects to this section because we Every one who is experienced in the manner of elections in the interfere with the registration laws of the States. In that he is mis- Southern States, particularly for the last few years, has some knowl- taken. We do not undertake to do anything of the kind. We only edge of how easy it is to p~ocure affidavits, and any number of them. undertake to make the registration laws of States under the Consti- I need only call the attentiOn of the Senate now to the report of the tution of the United States effective and to protect every citizen of Committee on Privileges and Elections in the Louisiana case. It ap- every State, entitled to vote and to register under these laws, in the pears there that affidavits which were absolutely false, shown to be exercise of that highest right and privilege that belongs to him; so f:11se affidavits, were procured by thousands in order to chango the that when a citizen having the right to vote, like the Senator or my- 1·esnlt of the election there. A committee of this body reported the self, offers to register and i&. wrongfully refused on a.ccount of his fa.ct, and it stands now in a report made to the Senate. Not only race, color, or previous condition of servitude, be he white or black, that; but while such a door is opened wide for the perpetration of be he Scandinavian or Slavonic, Cauca-sian or Mon~olian,orwbatever, fraud there is no provision whatsoever made for the punishme"ftt of his offer to do what the law requires him to do snail be taken as a nnybody who shall participate in it after he shall have sworn falsely. performance, just as when I owe my friend money audit becomes due He is t.o go scot-free. Affidavits by the thousands may be made in and I offer to pay him and he refuses to take it, the law and justice Mississippi or Louisiana, or any other of the Gulf States, to carry an both agree in saying that I have in fact paid it, and the offer of per- election if men are allowed to vote upon making an affidavit; and formance, so far as my rights are concerned, is equivalent to perform- jf it should appear that every one of them was guilty of false swear- ance. ing, they are not to be punished at all, but to go scot-free. Mr. WHYTE. May I ask the Senator whether the tender of the I do not know, however, that I shall gain anything by discuasing money pays the debt¥ this matter. I rose simply to express my astonisllment at the pro- l\1r. F.DMUNDS. No, sir; it does not pay the debt. visions of this section and to offer an amendment to it. I move to add Mr. WHYTE. This bill does that. at the end of the section : Mr. EDMUNDS. But it secures me from a suit. And if any person so offering such affidavit shall swear falsely he shall be deemed Mr. WHYTE. No, it does not. . J!uilty of perJury, and, on conviction before any district or circuit court of t.he Mr. ED .MUNDS. I have done all that the law requires me to do by United States having jurisdiction, shall be punished as in other cases of perjury. the offer, and having made the offer, if I bring the money into court, Mr. MORTON. There is a statute now covering every case of per- as this man brings his vote to the ballot-box, I have a right to put jury. it into the com-t as he has a right to puthisvoteinto the ballot-box. In Mr. MERRDfON. The statute is not broad enough to cover this either case I have lost no right that the law gives me because my case, and does not cover it at all. honorable friend refuses to take that which the law entitles him to .Mr. EDMUNDS. My friend from North Carolina has expressed his take and me to offer. So, a thousand other illustrations, many of astoni hment. I will express mine. He proposes to make it perjury them a great deal better, might be given. if any person swears falsely, whether he does it corruptly or whether The simple question is whether there is any body of men or any it is au innocent mistake. Where does my honorable friend get his party in this country now who are willing to say that citizens of knowledge of human rights or criminal law, when he proposes to the United States and of the States, entitled under the Constitu- punish a man as a perjurer who happens to state an untruth under tion of the United States to vote, shall be deprived of their suffrage oatil, unless he does it knowingly f In addition to that, as my friend by the wrongful act of some registering-officer of a State, against the from Iowa [Mr. WRIGHT] suggests, he makes it. perjury if the man law of his own State, against the constitutional right of the citizen, offers an affidavit of that kind. Perjury, under the statutes oi the and against the general principles of public justice and republican United States, under the statutes of all States, and of all countries government. That is the proposition. that profess to have any civilization, does not consist in swearing When this offending officer comes to be indicted, my frien.d 1lgaiu is falsely alone. It consists in swearing falsely, knowing that the state- wrong in saying that he is to be convicted upon a false affidavit. ment made by the witness or the person making the affidavit is false There is nothing like it. The Government must prove, in the first and untrue, and for the pmpose of misleading and perverting the instance, that the party who had offered to vote and was refused had conrse of justice and of truth. a right to vote, and that when he offered to register be was wrong- My honorable friend from North Carolina says this is a hasty and fully and against the Jaw refused the right to register, and thus hav- precipitate discussion, after a month's notice. ing been refused, that ll.e furnished all the evidence that this bill re- Mr. MERIUMON. So it is. quires; that he had thu"B been wrongfully refused the right to put in Mr. EDl\:riJNDS. He seems a little sensitive about anything that his ballot. That being done, the law says that the officer who refused ca.n be proposed in regard to these amendments. Nothing suits him; to receive the vote shall be punished. somet hing will suit him, he says, to-morrow or next day, or some Bat I have taken more time, Mr. President, t.ban I intended to do in other day, or some other time, but never in this way and never at this explaining this section, which is perfectly plain. time. Great lawyer as he is, in tho haste and warmth of his enthu- Mr. MORTON. Mr. President, I should be glad if I were able to siasm he rises and tells us that if anybody offers an affidavit which agree to this amendment proposed by the committee; but I have very does not state the truth, however innocent the mistake may have great doubt myself about the constitutionality of this clause. It is been, he shall be deemed guilty of pe1jnry. That is a greater inno- intended to take the place of the third section in the original act. I vatjon upon the co~e of jmitlprutlence than anything that even ruy doubted the constitutionality of that section at the time of its pas- 4068 CONGRESSIONAL RECORD-.SENATE. JUNE 23, sage, and a recurrence to the Globe will show that I suggested the always does, with perfect clearness, so that we can see the exact point. doubt at that time. The fifteenth amendment provides that no per- It is a point which had originally great force, although it appeared son shall be deprived of the right to vote on account of his race, color, to me and to the committee and to the Senate, when we passed the or previous condition of servitude. The colored voters are entitled act of the 31st of May, 1870, that it was one which was not well to vote upon the same terms and conuitions with everybody else; founded. The ground upon which we pas~ed it t~en, in opposition but they are not exempt from the terms and conditions imposed ~m to the doubt sog(J'ested uy my frieml from Indiana and to the violent everybody else. The fifteenth amendment secures the right to every objurgation of all our friends on the other sille, was that the fifteenth colored ma.n to vote upon the same precise terms and conuitions with amendment of the Constitution, to say nothing about the fourteenth, every ot her person in any of the States, a.nd that is the right that we (and when I speak of the fifteenth I do not mean at any time to ex- are trying to enforce. clude all the benefits that can be got for human rights out of all tlle This amendment of the committee, which I did not include in the rest of the Constitution,) speaks of "the right to vote." All that pre- original bill that I introdu!!ed, provides that if a person has offered cedes the voting is merely a method of machinery to ascertain what to register, and has been wrongfully precluded on account of race, citizen is qualified acc01·ding to Jaw. It y beiug in the minority in your State, have no remedy; the Constit u- her Legislature, notwithstanding the law she has upon her statute- tion only enables us to punish somebody that the Constitut.ion does book for electing her electors by the people, may in defiance of that not name at all who prevented your payin? a tax that the State bad law choose the electors who shall vote for President and Vice-Presi- imposed on people before they could· vote.' dent. There is no power under the Constitut.ion to prevent it. So I Mr. Pre ident . it appears to me that, on further reflection, my friend think that, so far as that is concerned, it does not meet the point. from lll(liana.will be satisfied that, looking to thetrueeffectand mean- Mr. WRIGHT. The point I make is this: If the Senator's doubt ing of this provision of the Constitution bearing upon the ultimate is well founded, then the provision of the Constitution that prohibits right of voting, this difficulty disappears. When you go on fur ther any person being deprived of the right to vote by reason of race, color, in this opinion, speaking of this matter, you find that the court say: or previous condition of servitude, and gives to Congress t.he power The e-lector, under the prorisions of the statute, is only required to state in his to provide by law for the enforcement of the provision, would leave affi davit that he has been wrongfully prevented by t.he officer from qualifying. it in the power of the States to make distinctions that in the end There are no words of limitation in this part of the section. In acaselikethis,ifno would absolutely nullify this proviiion of the Constitution; would a.tlidavit i in the language of the statute, it ought to be sufficient both for ilio voter allow the States to make distinctions in their statutes in reference to and the im~pereventing discrimination The PRESIDENT pro tempm·e. The question is on the amendment on account ot race, color, or previous condition of servitude. proposed by the Senator from North Carolina to the amenuml}nt of Mr. President, I did propose to say something about some of the the committee proposed as section 3. 1876. CONGRESSIONAL RECORD-SENATE. 4073 Mr. l\1ERRIMON. I have been very much edified, sir, by this de- is entirely outside of the ordinary course of justice, one that does not bate. I am glad that the Senator from Indiana has expressed his happen at all before a court of justice or in any regularly instituted thou~hts on the subject, and that he thinks so well as he does. He legal proceeding. The words "or matter," or some words like them has thrown a flood of light on the subject. His points are well taken, of a comprehensive nature most have been used if this statute was .and be argues well, and I am not surprised that the other side have intended to embrace a case like that covered by this bill. so signally failed to answer the points that he made. Furthermore, the term'' affidavit" is not used in this section of the I wish that this morning before the hurried remarks that I m'lde I Revised Statutes at all. It might be that in civil proceedings a court had had an opportunity to look -into the case of Cruikshank and the would hold that the language is broad enough to embrace an affidavit; other case decided by the Supreme Court lately. I was endeavoring but in criminal proceedings, where statutes are construed strictly and to show that the :fifteenth amendment did not operate on individuals, always in favor of the prisoner, I think the strong probability is that but on the United States and on the States only. I beg now, although the court would hold that an affidavit of this sort was not embraced I am not going into a re-argument of that matter, to read a short para- by this statute. graph from the decision of the Supreme Court in the case of the So then I say, sir, this amendment is right and proper, and even in United States vs. Cruikshank which supports the view I have sub- the minds of those who have the impression of the Senator from Ver- mitted. The clause reads as follows: mont this amendment can do no harm; it can answer no evil pur- Every republican government is in duty bound to protect all its citizens in the pose. While the right created by the statute should exist, the pun- enjoyment of this principle, if within its power. '.rhat duty was originally assumed ishment for perjury committed in ascertaining it should be provirled by the States, and it still remains there. The only obligation resting upon the for. in the same aot, so that the offender shall have not only the ad- United Sta.tf>s is to see that the States do not deny the right. This the amendment guarantees, but no more. The power of theNational Government is limited to the vantage bot the penalty for perjury before his eyes at the same time enforcement of this guarantee. and in the same way. I insist that the amendment is pertinent and And yet, in the face of that express language and decision of the proper; and upon its adoption I ask for the yeas and nays. Supreme Court upon the very point at issue between us, it is insisted Mr. EDMUNDS. I do not want to waste the time of the Senate, that this bill is to have validity if it shall be passed into a statute. a.s I have said before; but I do not wish to leave my friend to sup- My principal purpose in rising now was to insist that I should not be pose that the word "case" that he refers to means "suit." Some- laughed out of court. I do not mean to be. The Senator from Ver- times it means "snit" and sometimes it means" instance." If my mont has a very happy way when argument fails him of resorting to friend will read the whole sectiOn through, I think he will be con- an unhandsome sneer at his adversary and getting rid of him in that vinced himself, if he bas not got too warm about it, that it means way. On another occasion he will deal in fulsome compliments, and "instance." This is the only section of the statutes of the United on another occasion he will indulge in handsome platitudes and take States that applies to affidavits anywhere, that applies to official his benefit by such a course as that. On this occasion he has endeav- oaths anywhere, and to the ten thousand instances-- ored to laugh me out of court. I mean to give him to understand Mr. MERRIMON. My friend is mistaken about that. · that I do not intend be shall do so. I maintain that the amendment Mr. EDMUNDS. Let us see where. I propose is rea8onable, just, and proper, and I in tend to stand by it Mr. MERRIMON. If you will turn to section 1750, page 311, you until the Senate votes it down. If it shall be the judgment of the will find that there is express provision made there for cases where Senate that it is not proper to be incorporated in this bill, all well, I affidavits and depositions may be taken before consuls, and so on. submit; but my friend cannot laugh me out of court. I know where Mr. EDMUNDS. Yes, taken before consuls in a foreign country. I stand. I see the right in this matter, and I intend to endeavor to That is another thing. I am referring to the administration of the pursue the right. I think it not improbable that in the haste of pre- laws of the United States in its own territory. The language is this: . paring this amendment I omitted a word that I ought to have in- Every person who, having hken an oath before a competent tribunal, officer, or serted, but I had to draw it in a burry, just as we have bad to debate person- this case in a hurry. This great question, that ought to engage the " Tribunal" refers to a snit that is before it; "officer or person" attention of the Senate for a week, is to be disposed of on a desultory applies to the ten thousand instances happening every day as to ens- debate of three hours. toms officers and others before whom you swear to an affidavit- Mr. EDMUNDS. I hope the Senator did not think I was laughing, In any C..'lse in which a. law of the UnitedStatesa.uthorizesa.n oath to be adminis- if I did laugh, at what be did not put into his amendment. I do not tered- . know that I laughed at all; but if I did, I was laughing at what he Take one simple illustration; that is enough, because I cannot dill have in it. spare time t.o go over the ten thousand; the laws of the United Mr. MERRIMON. I do not know whether the Senator laughed be- States require an invoice and entry in the custom-house to be sworn cause of the amendment or laughed because be did not have an argu- to, and that is done before an officer- ment to answer the place of tbat laugh. I think it very likely that In any case in which a law of the United States authorizes an oath to be admin. the latter was the reason; for generally when he has an argument he istered that he will testify, declare, depose, or certify truly, or th~t any written employs that. It is only when he ha.s not an argument at command teshmony, declaration, deposition, or certificate by him subscribed is t·rue, will· that he employs laughter or those platitudes that I talked about. The fully and contrary to such oath states or subscribes nny material matter which he does not believe to be true, is guilty of perjury. amendment as I offer it now is in these words: That is the statute which comes down from 1790, under which ina And if any person so offering such affidavit shall therein knowingly swear falsely- general way-although there may be some other special statutes in particular cases which I do not remember-the sanction of an oath 1\fr. EDMUNDS. Is that the amendment which was offered before f and the penalty of perjury apply to the ten thousand instances that Mr. 1\.IERRIMON. It is with the exception of the words "therein" happen every week in the United Smtes where an affidavit is sub- and "knowingly." I have amended it so ast.oinsert the word" know· scribed and sworn to out of court before some officer authorized to ingly," which I think myself is materia.], though I am not sure that administer an oath to some independent fact that bas not anything it would not have done without it. to do with a suit at law 'ltt all. I assure my friend that I have the he shall be ileemerl guilty of perjury, and on convictivn before any district or cir- best reason for so believing. Therefore I submit to him that his cuit court of the United States baving jurisdiction shall be punished as in other cases for peljury. proposition is qnite unnecessary. If, however, be thinks it is needed, That amendment is to come in at the end of line 38 of section 3. I if he will put his amendment into the same frame that this law is, offer the amendment because, if the bill is to pas8, it is essential to "swearing willfully falsely to a matter which he does not believe to make it perfect; to make those who would indulge in perjury-and be true," so as to make it exa{ltly the perjury that this section de- I endeavored to show a while ago that we might expect a great deal scribes, I shall not take up the time of the Senate in discussing of perjury if this bill passes-liable to be punished for it as ot·her whether it is necessary or not, because I do not care; but I ask yon persons who shall be guilty of perjury. not to adopt entirely different language, which does not even now, as The Senator then turns to the Revised Statutes, and tells me that my friend has corrected it after being laughed at, as he says, reach there is a general law which embraces this case. I deny it. I say anything like the true definition of perjury. that he cannot show any general law which, in my judgment, upon The PRESIDENT pro tempore. The Senator from North Carolina a fair construction of it, embraces this case. The statute to which has called for the yeas and nays on his amendment. he referred is in these words: The yeas and nays were ordered. Mr. l\1ERRil\10N. I have no objection to accepting the suggestion Every person who, having taken an oath before a competent tribunal, officer, or of the Senat-or from Vermont. All I want to do is to make the offense person, in any case in which a law of the United States authorizes an oath to be ~1.ent, hinder, control, or intimidate, or shall man to vote for John Smith; but how that bribing would be influ- attempt to prevent, binder, control, or intimidate, any person having f.ho right of 1876. CONGRESSIONAL RECORD-SENATE. 4075 suffrage from exercising, or in exercising, the right of suffrage, on account f!f the Mr. EDMUNDS. That is right. race, color, or previous condition of serntude> of such person, by means of bnbery, The amendment was agreed to. force, or intimidation, or by threats of depriving any such person of employment or occupation, or of ejecting such person from any house, land, or other property, The bill was ordered to be engrossed for a third rending, and read or bv threats of refusing to renew leases or contracts for labor, or by threats of the third time. violence to hlmselfor tamily, every such person so offending shall be deemed guilty The PRESIDENT pro temp~re. The question is, Shall the bill past 7 of a misdemeanor, and shall, on conviction thereof, be fined not less than $500, or be Mr. THURMAN. On that I ask for the yeas and nays. imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Mr. EDMUNDS. Let us have the yeas and nays by all means. The yeas and nays were ordered, and the Secretary proceeded to The amendment was agreed to. call the roll. The bill was reported to the ~enate aa amended. Mr. ALLISON. On this bill my colleague [Mr. WRIGHT] is paired The PRESIDENT pro tempore. The question is on concurring in with the Senator from Maryland, [Mr. DENNIS.] If my colleague the amendments made as in Committee of the Whole. were here he would vote "yea," and the Senator from Maryland Mr. THURMAN. I a.sk for a. separate vote on the am~dment in- would vole "nay." serting the third section. Mr. COOPER, (when his name was called.) On this question I am Mr. MERRIMON. I want at the vroper time to offer an amendment. paired with the Senator from Minnesota, [Mr. McMrr.LAN.] If he The PRESIDENT p1·o t(ffllp01·e. The Senator from North Carolina were here he would vote "yea," and I should vote "nay." . will have an opportunity to offer it. The Senator from Ohio reserves Mr. CAPERTON, (when Mr. DAVIS's name was called.) On th1s / the amendment known as the third section. The question will be question my colleague [Mr. DAVIS] is paired with the Senator from put on concurring ,in the other amendments in gross. Minnesota, [Mr. WLWOM.] My colleague would vote "nay," and the The amendments were concurred in. Senator from Minnesota would vote "yea." The PRESIDENT pro tempore. The question now is on concurring Mr. CHRISTIANCY, (when his name was called.) On all poHtical in the amendment inserting the third section. questions I am paired with the Senator from New York, [Mr. KER- Mr. THURMAN. On that I ask for the yeas and nays. NAN.] If present the Senator from New York would vote "nay," and The yeas and nays were ordered, and the Secretary proceeded to with some slight doubts and misgivings I might vote "yea." call the roll. Mr. CLAYTON, (when .Mr. DoRSEY's name was called.) I desire Mr. CAMERON, of Pennsylvania, (when his name was ca,Ued.) I to state that my colleague [:Mr. DORSEY] is necessarily compelled to am paired with the Senator from Delaware, [Mr. BAYARD.] be absent on a-ccount of sickness. He would vote for the passage of Mr. CLAYTON, (when Mr. MITCHELL's name was called.) I am re- the bill if here. quested by the Senator from Oregon [Ml:. MITCHELL] to st.ate that on Mr. SPENCER, (when Mr. HARVEY's name was called.) I desire to this question he is paired with the Senator from Delaware, [Mr. state that the Senator from Kansas [Mr. HARVEY J is paired on this SAULSBURY.] The Senatorfrom Oregon if present would vote ''yea," question with the Senator from Oregon, [Mr. KELLY.] If he were and the Senator from Delaware "nay." here he would vote "yea," and the Senator from Oregon would 'Vote Mr. PATTERSON, (when his name was called.) On this question "nay." I am paired with the Senator from Pennsylvania, [Mr. vVALLACE.] If Mr. CLAYTON, (when Mr. MITCHELL's name was called.) I desire he were present he would vote "nay," and I should vote" yea." to state that the Senator from Oregon [Mr. MITCHELL] is paired with Mr. SPENCER, (when his name was called.) On this question I am the Senator from Delaware, [Mr. SAULSBURY.] The Senator from paireit with the Senator from Connecticut, [Mr. BARNUM.] If be were Oregon, if he were here, would vote "yea," and the Senator from Del- here be would vote "nay," and I should vote "yea." I wish to state aware would vote "nay." further that the Senator from Kansas [Mr. HARVEY] is paired on this Mr. MORTON, (when his name was called.) On the passage of question with the Senator from Oregon, [Mr. KELLY.] The Senator the bill I am paired with my colleague, [Mr. McDoNALD.] If he were from Kansas if he were here would vote " yea," a.nd the Senator from here he would vote against it and I should vote for it. Oregon would vote" nay." Mr. PATTERSON, (when his name was called.) On this ques- Mr. CAPERTON, (when Mr. WINDOM'S name was called.) The Sen- tion I am paired with the Senator from Pennsylvania, [~fr. WAL- ator from Minnesota [Mr. WTh"DOM] is paired with my colleague, [Mr. LACE.] If present the Senator from Pennsylvania would vote" nay," DAVIS.] If present my colleague would vote "nay," and the Senator and I should vote " yea." from Minnesota "yea." Mr. SPENCER, (when his name was called.) On this question The roll-call having been concluded, the result was announced- I am paired with the Senator from Connecticut, [Mr. BARNUM.] If yeas 21, nays 16; as follows: he were here he would vote "nay," and I should vote "yea." YEAS-Messrs. Alcorn, Anthony, Bruce, Clayton, Conkling, Conover, Cra~in, The roll-call wa.s concluded; and the result was annonnced-yead Dawes. Edmunds, Ferry, Fr· linghuysen, Hamilton, Hitchcock, Howe, Ingalls, Mor. rill of Vermont, Oglesby, Paddock, Robertson, Sargent, and Wadleigh-21. 25, nays 13; as follows: NAYS-Messrs. Bot&, Booth, Caperton, Cockrell, Eat(·n, Goldthwaite, Johnston, YEAS-Messrs. .Alcorn, Allison, Anthony, Booth, Bru-ce, Clayton, Conklino-, Key, McCreery, MaxFy, Merrimon, Norwood, R-ansom, Thurman, Whyte, and Conover, Cragin, Dawes, Edmunds, Ferry, Frelinghuysen, Hamilton. Hitchcoc~, Withers-16. Howe, Ingalls, Logan, Morrill of Maine, Morrill of Vermont, Oglesby, :Paddock, .ABSENT-Messrs. Allison, Barnum. Bayard, BoutwPll, Burnside, Cameron of Robertson, Sargent., and Wa.dleigb-25. Pennsylvania, Camerou of Wisconsin, Christiancy, Cooper, Davis, Dennis, Dorsey, NAYS-Messrs. Caperton, Cockrell, Eaton, nta.tives of the Forty-fourth Congress as a. Delegate from the Territory of it very probable that the Senate will to-morrow be without a quorum, Idaho. and I therefore move that when the Senate anjourns to-day it be to Mr. ROYSE. I demand the previous question on the adoption of meet on Monday next. those resolutions. Mr. ALLBON. I hope the Senator will not press that motion, be- The previous question was seconded and the main question ordered; cause there is some business that ought to be done to-morrow. and under the operation thereof the resolutions were adopted. :Mr. ~~ORTON. There are so many importmtt measures outside of Mr. HOUSE moved t,o reconsider the vote by which the resolutions the appropria-tion bills that I think we ought to meet to-morrow. I were adopted; and also moved that the motion to reconsider be laid hope the motion will not be adopted. on the table. The PRESIDENT pro ttmpore. The question is on the motion of The motion was agreed to. the Senator from Maryland, [Mr. WHYTE.] Mr. HOUSE. .Mr~Fenn is now present, and I ask that he be sworn in. The motion was not agreed to. Mr. S. S. FE~ appeared at the bar of the House, and was dnly DISTRICT TAX-BILL. qualified by taking the oath prescribed by law. Mr. SPENCER. I move that the Senate procee.d to the considera- ADVERSE REPORTS. tion of the bill (H. R. No. 2676) to regulate the assessment and col- Mr. TERRY. I ask unanimous consent to submit the following lection of taxes for the support of ti:te government of the District of adverse reports from the Commit.tee on :M ilitary Affairs, and to move Columbia, and for other purposes. that they be laid on the table anu the reports ordered to be printed. The motion was agreed to. The memorial of Andrew Wescott and ot.hers, of Hillsdale County, The PRESIDENT pro temp&re. The bill is before the Senate. Michigan, in behalf of William Butcher, who asks an honorable dis- Mr. INGALLS. I move that the Senate adjourn. charge as a soldier in the late war; The motion was agreed to; and (at five o'clock and fifty-six min- The petition and papers of Captain James F. Blount, of Beatty- utes p. m.) the Senate adjourned. ville, Kentucky, for relief; and · The petition of Second Lieu~enant James T:Knox to be relieved from the responsibility for certain public funds alleged to have been stolen from him. The adverse reports were laid on the table and ordered to be printed. HOUSE OF REPRESENTATIVES. MINNESOTA CONTESTED-ELECTION CASE. FRIDAY, June 23, 1876. Mr. HARRIS, of Vir~inia. I rise to a question of privilege, and call up the contested-electwn case of E. Saint Julien Cox VB. Horace B. The Hoillle met at twelve o'clock m. Prayer by the Chaplain, Rev. Strait. It is a. unanimous report from the Committee on Elections, I. L. TOWNSEND. and will require only a moment's time. I ask for the reading of the The SPEAKER pro t.empore. The Chair will state that owing to resolution accompanying the report. the fact that the proceeilings of the House have not been fully jour- The Clerk read as follows: nalized, the reading of the Journal will be postponed for the present. ResolvP.d, That Horace B. Strait was duly elected, and is entitled, to ret-ain the That bas been customary heretofore in like circumstances. seat which he now holds from the second congressional district of Minnesota.. CARTER & CRARY. Mr. HARRIS, of Virginia. I call for the previous question. The SPEAKER pro ternpore, by unanimous consent, laid before the The previous question was seconded and the main qnestionordered, House a letter from the Secretary of W :u, asking for the return of and under the operation thereof the resolution was adopted. the papers in the claim of Carter & Crary, transmitted to the House Mr. HARRIS, of Virginia, moved to 1·econsider the vote by which January 19, 1874; which was referred to the Committee on Military the resolution was adopted; and also moved that the motion to re- Affairs. consider be laid on the table. SPRINGFIELD ARMORY. The latter motion was agreed to. The SPEAKER pro tempore also, by unanimous consent, laid before SOUTH CAROLrnA CONTESTED-ELECTION CASE. the House a letter from the Secretary of the Treasury, transmitting Mr. HARRIS, of Virginia. I call up the contested-election case of an itemized account of the expenditures for t.he present fiscal year for Lee VB. Rainey. There is a unanimous report also in this case, and I the Springfield armory, &c.; which was referred to the Committee a~k the Clerk to read the resolution accompanying the report. on .A.ppropria.tions. The Clerk read as follows: CHEROKEE LANDS. Resolved, That Joseph H. Rainey, t.he sitting m mber, was duly elected a. Repre- The SPEAKER pro tempore also, by unanimous consent, laid before sentative of the Forty-fourth Congress of the United States from the first congres- sional district in South Carolina., and is entitJed to his seat. the House a letter from the Secretary of the Interior, transmitting a communication from the Commissioner of Indian Affairs, relating to Mr. HARRIS, of Virginia. I demand the previous question. t,he subject of the appmisements of certain Cherokee lands in the In- 'fhe previous question was seconded and the main q nestion ordered; dian Territory; which was referred to the Committee on Appropria- and under the operation thereof the resolution was adopted. tions. Mr. HARRIS, of Virginia, moved to reconsider the vote by which LAND GRANTS, INDIAN TERRITORY. the rP-solution wa~ adopted; and also moved that the mot!on to recon- Mr. SCALES. I am directed by the Committee on Indian Affairs sider be laid on the table. The latter motion was agreed to. to report back the following resolution and move its reference to the Committee on the Judiciary. It involves some legal points, and the SUNDRY CIVIL APPROPRIATION BILL. committee thought it should go to that committee. Mr. RANDALL. I move that the Honse resolve itself into Com- The Clerk read as follows: . mittee of the Whole on the state of the Union on the sundry civil Resolved, b'IJ the House of Representativea, That the Committee on Indian Affairs appropriation bill. be, and they are hereby, instructed to ascertain whether or not the railroad corpo- The motion was agreed to. rations mentioned, or any of them, under oots entitled "An act granting lands to 'fhe House accordingly resolved itself into Committee of the Whole the State of Kansas to aid in the construction of the Kansas and Neosho Valley lli>ilroad and its extension to Red River," approved July 25, 1866; and "An act on the state oi the Union, (Mr. BLACKBU&.~ in the chair,) on the bill granting lands to tho State of Kansas to aid in the construction of a. southern (H. R. No. 3749) making appropriations for sundry civil expenses of branch of tho Union Pooifio Railway and Telegraph from Fort Riley Kansas, to the Government for the fiscal year ending J nne 30, 1~7, and for other Fort Smith, Arkansas," ap11roved Jrily 26, 186G; and "An act granting lancls toairl in the construction of a railroad ~nd telegraph line from tb.e St.'ttes· o£ Missouri purposes. aml AI·kansas to the Pooifio coast," approved July 27, 1866, h2.vo issued any bonds The penrung amendment waa that offered by Mr. GooDE, to insert or securities of any kind predicated upon the conditional grants of the lamis of the a.fter line 1491.1 the following : Indians of the Intlian TeiTitory claimed by ~aid companies under the said acts. .And if it be ascertained +.bat such bon1ls or securities have been issued, then it For necessary repairs npon the ordnance depots, magazines, wharves, and builJ • slmll be the duty of saiu committee to ascertain the amount of the same, in what ings of tho United States at the na.va.l station at Noifolk, Virginia., the sum of hands they are held, and whether or not tbe publio faith of the United States ha.s $50,000; to be expended by the Burea.n of Ordnance, under the direction ot the been pledged for their payment or redemption. Navy Department. Be ttjtc1·ther resolved, That tho said committee in the discharge of their duties Mr. GOODE. In order to show, Mr. Chairman, the propril:'ty and be authorized to call for persons and papers, and to report the result of their in- tbe nece.ssity for this appropriation, I send to the Clerk's desk a. com- vestigation to the House as early as practicable. munication from Commodore Jefters, the chief of tho Bureau of Ord- The resolution was referred to the Committee on the Judiciary. nance, which I ask the Clerk to read. 1876. CONGRESSIONAL RECORD-.HOUSE: 4077 The Clerk read as follows : the State should have existed down to this present time without BUREAU OF ORDNANCE, NAVY DEPARTMENT, anything 'whatever in the shape of a public building owned by the Wll8hington Oity, May 3, 187(}. people of the United States; that we, have in the city of Albany no Sm: H. R. No. 1869 providing for the repairs and preservation of the public prop- place for a court-house; no place for a custom-house ; no place for a ertv at Norfolk, Virginia, was introduced at my instance by Hon. Mr. GooDE. post-office; no place for a pension office; no place for the internal- The sum of $50 000 asked for is urgently required for the construction of shell- houses for loaded shell, a receiving-house for ammunition landed fl'om ships. in revenue department; nothing of this kind whatever; and that we commission, and a magazine at Craney Island ; repairs to shell-house at Samt are to-day paying a l:1rge amount of rent for every one of these of- Hel ena, and repairs of wharves at Fort :Norfolk and Saint Helena. . fices. In the present condition there is always danger of disastrous acCidents, as well There we are situated in the very center of tl}e State of New York, as present damage to valuable stores imperfectfy sheltered. I have to request that you will urge its importance upon the committee. with a popula.tion of from seventy-five to one hundred thousand, with I am, sir, yonr obedient servant, a very large amo!lnt of le~al business done tJ:lere, wit~ the finest law WILLIAM N. JEFFERS, library, perhaps, ill the Umon, and the favonte spot Wlth _all th~ law- Ohiej of Bureau. yers in the State to congregate together to transact therr busmess. Hon. JoHN RoBBINS, United States Hotl18e of RepTesentativell. At;~d yet we have nothing m the shape of a room for courts of the United States; uothing of the kind. Mr. GOODE. I do not want to occupy the time of the House. If Now, Mr. Chairman, we have a_ppropriations in this bill here before the statements contained in that paper do not convince the House, us for places which one-half of the members on this floor cannot nothing that I could say would. locate to-day. I submit how many men in this House there are who But there is one fact to which I Jesire to invito the special atten- can tell where Rockland, in :Maine, is located and what is the impor- tion of t.he Committee on Appropriations. Here is an opportunity tance of a public.building t~ere; an_d yet !t· is proposed that we ~ha!l to save $25,000 to the Treasury. At Ellis Island, near New Yo.rk and make appropriations for Rockland, m 1\Iame, and Port Huron, Michi- Jersey City, is a powder-magazine dangerous to the people ill t~at gan, and half a dozen o~h~r pla~es of equal unimporta~ce,_ and yet the vicinity. The Representative of the people _on th~ New Jerse~ s1~e capital of a State contmmng 4,t>OO,OOO people has nothmg m the shape in that neighborhood [Mr. HARDENDERGH] IS desuous of bavmg 1t of a public building and no apl?ropriation is made whatev:er for such removed and he is assured by the proper authorities that if this sum a building for tho accommodatwn of the offices of the Umted States. of $50 000 is appropriated to the naval station at Norfolk, the powder The gentleman from Georgia [.Mr. BLOUNT] yesterday, in enforcing may b~ removed from the magazine at EHis Island, ~bus relieving tile reasons why an appropriation ought to be made for a building at tho apprehensions of those people, and makmg a savmg of $25,000 Atlanta, urged that the_ ci!Y of Atlanta had giyen 60,000 to buy a to the Treasury. I invoke the attention of the gentlemen of the cite for the proposed buildmg. What ha-3 the City of Albany done f Committee on Appropriations to this fact, :hlld I am snre that acting She has paid $150 000 to buy a cite where the public building is to be in the interests of economy they will favor this appropriation. erected and mor~ than that she has thrown down a building which Mr. RANDALL. The gentleman does not make clear to my mind stood upon that cite and which cost $150, 000, and she did it on the that his proposition reaches that resnlt. I would like to hear it reau assurance that tllis building was to be erected. She is of course los- again. ing the interest upon the $150,000 and losing also wha.t she might Mr. GooDE's amendment was again read. have received in the renting of that building, and the Government Mr. RANDALL. If the gentleman will show that $25,000 will be is paying rent for a half dozen bnil(lings for the very purposes for saved by his amendment if coupled with the proposition to vacate which this-building ought to be .erected. the powder-magazine at Ellis Island and provide for the sale of the [Here the hammer fell.] property there, I will agree to his amendment. Mr. PAGE. I yield my time to the gentleman from New York, Mr. GOODE. I am assured by the gentleman from New Jersey, (Mr. LEAVENWORTH.] [Mr. HARDENBERGH,] who is not now in his se~t, that he has ~ co~­ Mr. LEAVENWORTH. I merely wish to call the attention of the munication from the Bureau of Ordnance, settmg forth that if th1s committee to some little coincidences in connection with this bill appropriation of $50,000 is made for the enlargement of the powder- which seem to me rather remarkable. It is very astonishing to me magazine at Norfolk, the magazine at Ellis IsL'llnd ran be dispensed that out of twenty-one appropriations made for public buildings in with. I call upon the gentleman's colleague, who is also a member this bill, eleven, a majority of the '!hole number, ar~ m~e for States to of the Committee on Appropriations, to say whether I correctly rep- which the Llembers of the Committee on Appropnat10ns belong. It resent his colleague in this matter. is rather remarkable that the other twenty-seven States of the Union Mr. HAMILTON, of New Jersey. I understood my colleague [Mr. should not one of them have an appropriation whatever for this pur- IIA.ru>ENBERGH] to say that if $50,000 w_ere approp!iated to the ?av~l pose and that the eleven States to which the members of the Com- station at Norfolk, the powder-magazme on EU1B Isbnd, whwh 1s mitt~e on Appropriatiol1S belong should get eleven of these appro- now considered dangerous to Jersey City and New York, might be priations. removed. It is another remarkable coincidence that those eleven States have Mr. RANDALL. I would suggest that an addition be made to the nearly two-thirds of the entire amount appropriated by the bill. I gentleman's amendment authorizing the powder-magazine at Ellis do not wish to make a~y ~rious charge against the ~embers of th_e Island to be vacated and the property there to be disposed of in such Committee on Approprmt10ns, I do not obJect to one smgle appropn- manner as the Secretary of War may direct. ation made, but I do insist that if the honorable chairman of the Mr. GOODE. I agree to that. Committ~e on Appropriations from Pennsylvania had represented the Mr. RANDALL. I offer the following as an amendment to the district represented by my friend from Albany, [Mr. ADAMS,] he amendment: would not have brought in the bill here with an appropriation of Add to the amendment these words: "And the Secreta~ of War is hereby au- $350,000 for the city of Philadelphia and not one dollar for the ol(l thorized and directed to vacate t.he magazine on Ellis Island, and the publiu prop- city of Albany. erty thereon is hereby directed to be sold, if the Secretary shall so order, in such manner as he may prescn"be." Mr. HOLMAN. This subject of public buildings is always a sub- ject of interest to the House; but I wish to call the attention of the Mr. COX. I would like to have that last proviso understood. I (Tentleman from New York to this fact, that, in consequence of hav- presume it is not intended to authorize the sale of the land, but only ~g so large a number of public buildings on our hands in progress of the sale of the public property there. construction, it was deemed proper at the last session of Congress as Mr. RANDALL. I have drawn it with great care. well as at the present session that those public buildings should be :Mr. COX. I desire to have it reported again. complo+ed, or substantially so, before new works were entered upon. The amendment to the amendment was aga.in read. That is the inevitable result of the policy adopted a few years ago of Mr. COX. I concur in that; but there should be no construction entering on the construction of a large number of building-s at the made that the land itself, which is necessary for the defense of New same time. A large amount of appropriations is necessary to prevent York Harbor, should be so,d. the actual decay of the materials with which these buildings are be- Mr. RANDALL. I have made a reservation that nothing shall be ing constructed. It seemed to the Committee on Public Buildings done except at the discretion of the Secretary of War. and Grounds, both of the House and of tbe Senate, highly impolitic Mr. COX. I would not have the authority go to the extent of sell- that new wol"ks should be entered on until those on our hands were ing the land. substantially completed, even though it involved a larger drain on Mr. RANDALL. We merely provide for selling the property on it. the Treasury than the country ought to bear at this time. . . The amendment to the amendment was agreed to; and the amend- One other word, Mr. Chairman. Although I reg:ud the bmlcling ment, as amended, was agreed to. at Albany as of the first importance, and feel certain that the ~on­ Mr. LEAVENWORTH. I offer the following amendment: struction of a building at Albany ought to be entered on, still I After the amendment just adopted insert the following: think that we should not undertake that work until the resources of Court-house and post-office at Albany, in the State of New York, f45,000. the country will admit of it. I ought perhaps to apologize to the committee for introducing this A word on another subject. In my own State there is a building amendment a second time to their consideration. But when it was of this kind in progress of construction. It is in the southwestern por- introduced last evening the committee was- very thin, and I am very tion of the State, while my district is in the southeastern portion of sure they did not give to it the consideration to which it was justly the State. I have never had the honor of living in Evansville, and I entitled. have never seen the rising structure. I thought that an appropria- It is a very remarkable bet that the old city of Alba.ny, one of the tion of $25.000 was all that should be asked for for that building und oldest cities in the Union, the capital of the State of New York, con- the committee fixed the amount at $25,000. I think that i.'3 as large taining 5,000,000 of people, the cent-er of the great legal business of an appropriation as should have been made. The Supervising Archi- 4078 CONGRESSIONAL RECORD-HOUSE. JUNE 23, teet of t.he Treasury Department came before the Committee on Ap-l WORTH; and upon a division, there were-ayes 64, noes 77; no quo- propriations and urged with great earnestness the importance of an rum voting. appropriation of $50,000 for the buildings at Parkers burgh and Evans- Mr. ADAMS. I call for tellers. ville upon the ground that those buildings are in such a condition as Tellers were ordered; and Mr. LEAVENWORTH and Mr. HoLMAN to require an appropriation of that amount. were appointed. It was upon his urgent representations that this appropriation was Mr. THORNBURGH. I rise to a parliamentary inquiry. increased to $50,000. He stated to the committee that when the con- The CHAIRMAN. The gentleman will state it. tracts now existing should be exhausted there would be but about Mr. THORNBURGH. As the gentleman from Indiana [Mr. HoL- $6,000 remaining of the fund, which, added to $25,000, would be com- MAN] has not withdrawn his formal amendment, are we now votiuc:r paratively nnavai\ab1e, and it. was therefore desirable that $50,000 on that amendment or upon the amendment of the gentleman fro~ should be appropriated. I will say this, having noticed the discus- New York, [Mr. LEAVENWORTH'] ~:;ion last evening-and I am very sorry that some gentleman did not The CHAIRMAN. The Chair understood the gentleman from In- mention the fact, for it was known to many on this floor-- diana [Mr. HoLMAN] to withdraw his merely formal amendment, ac- [Here the hammer fell.] corning to the universal practice of the Honse. Tl1e CHAIRMAN. The time of the gentleman has expired. Mr. HOLMAN. Of course I '!ithdrew my formal amendment. Mr. BLOUNT. I will take the floor, and yield my time to the gen- The CHAIRMAN. The questiOn is upon the amendment of the gen- tleman from Indiana, [Mr. Hou:LA.N.] tleman from New York, [Mr. LEAVENWORTH,] upon which tellers Mr. PAGE. Will the gentleman answ~r one question f have been o~dered. . . . Mr. HOLMAN. .Allow me to finish my sentence. I regret that The committee agam diVIded; and tl1e tellers reported that there some gentleman did not mention the fact, because it must ha,ve been were-ayes 75, noes 81. known to quite a number of gentlemen on this floor that I was absent So the amendment was not agreed to. last evening by order of the House as one of its conferees on one of Thd Clerk read as follows : the most important bills of the House, t.he post-office appropriation Court.houso and post-office, New York: For completion of building, $250,000. uill. It was for that reason, and for that only, that I was justifiable Mr. CHITTENDEN. It is not expected, Mr. Chairman, that a worn- in being absent from my seat. Had I been present, I would have S9id ont member of the hard-worked Committee on Coinage, Weights, and without a moment's hesitation that it was a question for the gentle- Measures should feel justified in speaking here two days in sucession; men upon this floor, having no personal interest in the subject-matter, and I do not rise to occupy the attention of members, but to ask a to determine whether the appropriation for this purpose should be great favor of the committee. It was generally untierstood on Satur- $25,000 or ;>0,000 or nothing at all; and I should have been entirely day last that the Committee on Banking and,;-Currency would demon- content wHh either disposition of the quest.ion. strate here on Monday morning, according to the newspapers, in order This is a subject in which my own constituents have the same in- to furnish a plank for the Saint Lollis convention. I got up a little terest exactly, and no more, that they have in t.h e erection of a build- earlier than usual on that day, in order to load a little gun, antici- ing in New York, or in Alb:my, or anywhere else. It is a matter of pating that I should have a fair shot at that committee during the total indifference to them and their Representative whether no sum day. I brought my gun here; I have carried it in my pocket ever at all be appr.opriated or the sum of $25,000 or $50,000. The sum of since; but I now learn to my regret that the committee have gi veu $.=)0,000 was :fixed at the suggestion and specL.'11 request of the Super- up the platform job. vising Architect of the Treasury. Now, I do not like to give it up; and I want to ask unanimous con- Mr. PAGE. Will the gentleman now allBwer a question f sent t.ha.t I may put my little "pla.nk" for Saint Louis in the pnb- :Mr. HOLMAN. Certmnly. lished proceedings of to-day. It is a very narrow one; it will not Mr. PAGE. Did not the Supervising Architect of the Treasury a.p- occupy more than a page, or a little more than that, and as I have pear before the Committee on Appropriations and make the same never asked any similar favor of the committee or the House before, urgent appeal for all the other public buildings that he did for the and as I do not intend to rise to my feet again during this se ion public building in Evansville, Indiana! unless absolutely compelled to, [laughter,] I hope there will be no Mr. HOLMAN. That would be stating it rather too str.onaly. objection. Mr. PAGE . • Did he not make the same urgent r&quest with regard Mr. RANDALL. I desire to mak~ an appeal that gentlemen who to other puhlic buildings! want to talk should t.alk directly upon the paragraph under considera- Mr. HOLMAN. He did with regard to the public building at Park- tion. If the gentleman from Hew York [Mr. UmTTENDEN] wants to ersburgh, and the committee accordingly macle an appropriatiou of make a platform for Saint Louis, let him come and go there along $50,000 for that building. I ought to say, in justice to the Super- with me. vising Architect, that he desired ample appropriations for these pub- Mr. YOUNG. I move that the gentleman from New York be allowed lie buildings. The committee suggested to him that the public serv- to print his "plank" in the RECORD, on the condition he names, that ice would notjustifyaheavier appropriation-than$2,000,000thisyear he shall not speak any more. [Laughter.] for this purpose and requested him to indicate the amount required Tllere being no objeci.ion, the leave asked by Mr. CHITI'ENDEN was for the smaller buildings; and of course it will be understood that granted. The remarks are as follows: we cannot act on our own judgment alone in this matter. We re- Mr. CHITTENDEN. Mr. Chairman, I call the attention of the com- quested him to indicate the lowest amount that he could get along mittee to a slip which I have cut from a newspaper, which I also ap- with on the smaller buildings, so that, after disposing of t.hat ques- propriate without hesitation, because its author showed me his manu- tion, we might determine what could be appropriated for the great script before it went to the printer: buildings at Philadelphia, Cincinnati, Saint Louis, and Chicago. There were in circulation on January 14, 1875: The Supervising Architect of the Treasury, as well as the Secretary Of national-bank notes .. ................. ·-···· ...................... $351,861,450 of the Treasury, thought it inadvisable to make a new estimate, and Of greenbacks....................................................... 382, ooo, 000 therefore none was made; and we acted upon the verbal statements of the Supervising Architect before the committee as to the more Making a. total circulation of . • • . . .. . • • .. . • . • • • • . .. .. • • .. . • . .. • • . 733, 861, 450 pressing cases. There were in circu.la.t.ion June 1, 1876 : I wish to saytothegentlemanfrom New York [Mr. LEAVENWORTH] Of national-bank notes............ . . • • . .. • .. . . • • . . . • . . • . . • . • . . . •• . • • . 33-1, 567, 440 Of greenbacks . .. • • • . .. .. .. • .. . .. . .. • .. .. . • . • .. • .. • .. • • .. .. . .. . . • • . . 370, 123, 668 • that he judges the Committee on Appropriaiions very wrongfully if he supposes that any member of that committee would allow local 1\fa.king a total of ........................ ·····-.................. 704,691, lOS considerations to influence his judgment in such a matter. I woulu This is a reduction of t.he volume of currency of only $29,170,342 durin~ a. period myself greatly prefer to reduce the amounts of these appropriations. of sixteen and a h:~.lf months, or at the rate of ~1,767,833per month. This 1s, in fact, I am as anxious as any one can be to see these buildings constructed when it is compared with the contraction iu business, a practical exp:msiou of the in such a manner as to secure the highest possiblede~eeof economy. fore currency, for we have more currencl' now for \he volnme of business done than be- the passage of the act. I would, therefore, be glad to make all the approp_nations that the Treasury will bear; and $'2,000,000 is ·the outside sum, I think, that It will be observed that the total a-ctual contraction of the currency we are justified in appropriating this year for this purpose. from the date of the passage of the resumption act until the 1st day I am heartily opposed to the great, colossal granite buildings thai of June, 1876, was, in round numbers, $29,200,000, or a fraction Jess the Government is now erecting at certain commercial points in this than 4 per cent. of the volume in circulation on the passage of t.he country at the expense of tho industry of the country. I think it act. Meanwhile the relative contraction in the volume of business is unjustifiable; I think the sum of money being expended is not has been enormously greater, the result being that we have to-day a. justifiable, and that these buildings should not have been entered more inflated and redundant currency than we have had at any pre- upon. None of them have been entered upon by my vote to the vious time. extent of the appropriations contemplated. I think that plain, solid Here 1\lr. Chairman, is a nut of solid truth1 which I would chal- buildings, suibble structures, such as are necessary for the wants lenge the stoutest champion of legal tender to crack on the spot if I of the present time and of thefm.ure, plain,simplestructures,adapted had a single moment of time to spare. in their style of architecture to the genius and character of our Gov- Our whole country is suffering from commercial paralysis, loss of ernment, are all that are required; not these great, massive struct- confidence. Darkness still covers great transactions of the pa t; thick ures, where the effort seems to have been to lavish money without darkness broods over the future; old industries languish an<..! die; new . ragard to the burdens already imposed upon the labor of the country. industries are rarely and but feebly organized; capital is timid and Lllere the hammer fell.] not easily conciliated; it will not budge. Mr. RANDALL. I now ask for a vote on the amendment. 1f you have in yom pocket, Mr. Speaker, a promise to pay made The question was taken upon the amendment of Mr. LEAVE~- by your nearest neighbor, who is known by the whole world to abound 1876. CONGRESSIONAL RECORD-HOUSE. 4079 in wealth, a :Mr. Belmont for example, but who nevertheless bas for there is no place in the city of Port Huron where the records of the ten years neglected his promise, you yourself have by this time lost custom-house are safe for a single day from damage by fire, I ask this confidence in him to this extent, that you do not know or pretend to Committee of the Whole not to make now the appropriation for fenc- know what he will do in the fnture. The significance of your loss of ing and grading, (which can be postponed till another year,) but to confidence depends upon the number of persons moving in the su.me make this appropriation for furnishing the building, so that the Gov- circle with yon, whose capital is also invested in the broken promises ernment offices may b_e removed into it this fall, and one year's rent of your unfaithful neighbor. If your next neighbor's n ighbor, and saved, to say nothing of the increased accommodation of the public your next neighbor's neighbor's neighbor, from one end of the land business. to the other, are full of the same broken promises, then your doubts In view of the present feeling of the House I would not have made and loss of confidence becomes chronic and unrversaJ, and can only this motion but for the fact that the small appropriation alreassels: For seamen's _wages,.rations, repairs, salari,es, s~pp_Iies, and mmdental expenses of twenty.three light-sh1ps and seven relief fiaht-vesaels Mr. CONGER. I tbmk there were some others I should like to see ~~ ~ 1 bu,ilt.. I wa:~ld ,1;1ot u;rg_e them at this time, and I only ask this appro- Mr. RANDALL. If my colleague will add to the amendment .a ' priation, which was granted almost unanimously three years ago, clause providing that the expenses of keeping up this light-ship shaH may be used this year in the construction of this building. It is not be paid for out of the appropriation to which he refers, I have no in that estimate, but in the one three years ago. objection. · · . . Mr, RANDALL. Those in the estimates are for Port Salinac, Mc- Mr. O'NEILL. I will add that, of course. .Mlow rna to read three Gnepin's Point, and Pere Marquette. lines from the report of the Light-House Board~ Mr. CONGER. There has been a recommendation of $40,000 for Port Salinac light-hon.se. I do not urge that now. When the harbor :J:t ;s suggested that when tbe li_ght is established at Cross Ledge, authority be of refuge is completed it will be near Port Salinac. I am willing that give:Q. tlle Light-House Board to place a light-ship near the lower end of ·Joe Flo a. gerSho~ · ~ should go over for another year. But I say to the gentleman and I ,&ayto this House, as it is a. point I am aa familiar with as any gentle- ..!s the \i.ght is already temporarily arranged at Cross Ledge, I think map on the floor, :18 my practice carries me by it every month during it would be- well to comply with this suggestion. ~h~ s~ason, an~ therefore~ make the statement advisedly when I say Mr. RANDALL. I have no objection to the amendment, if a clause It IS the most unportant light-house on the lake for the protection of be added that it .shall involve no additional expense. the n!}>tippal commerce. It has I).Q local importance. Mr. C)'NEILL. I modify my amendment by adding the following: Mr. RANDALL. The difficulty ~"Q my mind is that this is starting Any expe_nse i.ncnrred to come out of the appropriation in this bill under the a new lig4t-}1.o~e. · Juwlof Mpenses of light-vessels. . Mr. CONGER. No, sir; the approprj.a~ of $20,000 has been made Tile am~ndment of lJ1', O'NEILL, ns m~difie~l, was agreed to. for three years. Mr. CONGER, J move to amend by msertmg after the para.O'raph 0 Mr. RANDALL. For the light-house on tbb shore' last read the following; Mr. CONGER. The Lig~t-House Board did JJ.Ot commence the con- That the ~tppropri,fltion herctot~ made for alight-house at Port Austin Michi- struction there because of the protest of over one hundred of the ship- gan, may be eA'}>end.ed in commel).ci.og too construction of tho proposed light-house owners from Buffalo to Chicago on the Jake flSkipg that it be placed nut on t~e reef, inst-ead of on tb.o shoJ:e; Provided, That the total estimate for its ont in the la.ke upon a rocky reef. 1,J0mplet10n shall not exceed ~,000. Mr. RANDALL. Well, if it was t;Qree years ago, it }J.as lapsed and ).l.r. Chairman, I ask too attention of the committee to my state- gone into the Treasury. · ment. An appropitation two Dt three years JJ>pointed a committee to raise the necessary funrlA for the payment of the expenses of Mr. Price. heretofore made, both before the Committee on Appropriations and ".Resolved, That the secretary forward to Mr. Price a copy of these resolutions." the Committee of the Whole House, is that this is not in any just This is a vital question t-o the people of this section of country and of immediate sense a new work ; it is the carrying on and completing of a national consequence to the commercial prosperity of the citizens of the "three cities."- work which was begun some years ago. We are not building on Rock Da,venport Democrat. Island a large num her of arsenals ; we are building· but one arsenal; It is hnpeV of June, 1876, of the appropriation one hundred and ninety-three member in theiT seats for a while f of the salary of tho umpire, or so much thereof as ma.y be nece11sary for the pnr- The SPEAKER p1·o u:mpore. By a call of the House, perhaps. pose, may be expenderl under the direction of the Secretary of State in acknowledg- Mr. RANDALL. I appeal to ~entlemen to remain here for a short ment of the service of the umpire. time, and we can finish tho consideration of this bill. Mr. Cbnirma.n, the time of the Mexican and United States claims The SPEAKER pro tempore. Under the rule, a quorum hav~ng ap- commission will expire on the 30th of the present month. A. treaty peared upon the call of the roll, the Committee of the Whole will at between the two nations is, however, pendihg in the Senate, where once resume its session. every one expects that it will be ratified. That treaty provides for Mr. CONGER. I have very often asked the question-- extending the time of the commission for six months longer, until The SPEAKER pro tempore, [using his gavel.] The House is now Jan nary 1, 1877. The re~n for thus extending tho time is that the in Committee of the Whole. umpire, Sir Edward Thomton, although be has been very industrious, Mr. CONGER. I object to that mallet when I address the Chair. faithful, aud efficient in attending to hie duties, has not been able to [Laughter.] qnite complete all the work before him, and may require two or three The SPEAKER pro tempore. The rule says that the Committee of the months longer to finish it. This will make it necessary for him to Whole must re!:lnmeits session without further orders from the Honse. continue for some time the employment of clerks, translators, and The Committee of the Whole accordingly resumed its session, (Mr. messengers. This amendment simply re-appropriates unexpended BLACU:BURN in the chair.) halamces of former appropriations to pay the salaries of these (1lerks, The CHAIRMAN. The question is upon the amendment of the messengers, &c., so that this work may be completed. gentleman from Michigan, [Mr. CONGER,] toincrea.aetbe appropriation There is a considerable number of claims still unadjndicated by the for surveys of northern and northwestern lakes and Mississippi River umpire. I am icformed that American citizens are largely interested from $100,000 to $150,000. in having this work properly done. The question was taken; and upon a division there were-ayes 49, This is a very sm:\U matter. No new appropriation from the Treas- noes 99. ury is required. The amendment merely re-appropriates old bal- Before the result of the vote was announced, ances. The work will probably be completed in the month of No- Mr. CONGER called for tellers. vember. Tellers were not ordered; there being 23 in the affirmative; not one- I desire to add that the Secretary of St.ate ha.s earnestly recom- fifth of a quorum. mended the adoption of this provision. The matter wa.s referred to So the amendment of Mr. CONGER was not agreed to. the Committee on Foreign Affairs, who unanimously favored a.dding The Clerk resumed the reading of the bill, and rea(l the portion re- this amendment to the sundry civil bill, anrl I have this morning lating to public buildin~s a.nd grounds in and around Washington . . done myself the honor to speak with the gentleman from Pennsylva- Mr. HOLMAN. I desrre to move an amendment to the paragraph nia [Mr. RANDALL] and the gentleman from Indiana, [Mr. HOLMAN, 1 relating to fountains in the public grounds. as well as my colleague [Mr. FosTER] on this side of the House, all The para1,rraph referred to was as follows: members of the Committee on Appropria.tions, and they consent, as For care of and repairs to fountains in the public grounds, $5,000. I understand, to this amendment and will not offer any objection Mr. :HOLMAN. The amount in that paragraph should be $500, not to Mr. it. $5,000.' It is simply a typographical error, and I move that it be to the RANDALL. Mr. Chairman, this subject was originally brought attention of the Committee on Appropriations by reference to corrected. them of a communication from the Secretary of State on this subject. The motion of M:r. HOLMAN was agreed to. l\lr. HOLl\IAN. I desire also to move an amendment to the para- The committee did not deem it within their province to decide a-s to the propriety of the re-appropriation; they therefore brought this graph relating to the statue of General Thomas. subject back to the House and npon their motion it was referred to The paragraph referred to was as follows: the Committee on Foreign Affairs, who, I understand, have unani- For pedestal for the statue of General George H. Thomas, $25,000. mously reported in favor of the proposition, in accordance with the Mr. HOLMAN. I had intended to submit the question to some gen- recommendation of the Secretary of State. tleman more representative of this memoria.! than I am as to who While I do not consider that this is an appropriate place for such shall indicate the site in this city where the statue shall be located. legislation, yet I believe the recommendation of the Secretary of State l have thought that it would be proper to name the Secretary of War, to be a wise one, and therefore interpose no objection, so far as I am and perhaps the chairmen of the Committees on Public Buildings individually concerned, to the insertion of the proposition. I think, and Grounds of the Senate and House. I will offer that amendment. however, it might more appropriately have been adopted as an inde- Mr. CONGER. Has not the site already been designated f pendent proposition, especially as it relates to a presentation to a. Mr. HOLMAN. I am not aware that it has been; I think it ha-s not minister representing here a foreign count.ry. been. I move to amend the paragraph by adding the following: Mr. PHILIPS, of Missouri. l\Ir. Chairman, I trust that this prop· Provided, That the Secretary of War and the chairman of the Committee on Pub- position will not prevail. Aa I understand-and I have had occasion lic Builrtings and Grounds of the Senate and the chairman of the Committee on to investigate the matter, having constituents interested in this fund- Public Buildings and Grounds of the House of Representatives are hereby appoint- the work of this commission has been in fact concluded for some ed a committee to select and designate such place upon the public grounds in ·wash- ington City which in their judgment would be most appropriate, where said monu- time; and it does appear to me that the continuation of the services ment shall be erected. of this commission and providing a fund for the continued payment of clerks, &c., after the work of the commission has been in point of If any gentleman can suggest a better amendment I will cheerfully fact completed, is unnecessary. withdraw mine. The time of this commission has been extended time and again ; Mr. CONGER. I will only say that I had understood that the place and the payment of claimants who are deeply and vitally interested had been already selected. in this fund is deferred on account of these repeated extensions. It Mr. HOLMAN. The place has not been selected, and there is noth- is now proposed, by granting this fund for the payment of clerks and ing in this paragraph as it now stands to indicate where the mom~­ other employes connected with this commission, to extend the time ment is to be erected, whether in this cit.y or elsewhere. for six months longer. If that be done, it would be impossible for The amendment of Mr. HOLMAN was then agreecl to. parties interested in the work of this commission to get their money Mr. RANDALL. In the clause which provides for lighting the Cap- during the present Congress. The commission in that case will not itol anO, 000. Treasury, namely, from the item entitled "repairs of vessels, " to the item entitled Mr. WHITE. I move to amend so as to make the appropriation for "survey of the Atlantic and Gulf coast," in said appropriations, ft, 796.51. this purpose $75,000 instead of $50,000. The amendment was agreed to. The Committee on Appropriations seems to have beard every per- Mr. WALLING. 1 move the following amendment. son-very patiently, and then with (}eliberation to have cut right and The Clerk read as follows: left without using even ordinary discretion. The amount which I For photolithographing and printing the large connected lnnd map of the United propose is less than that recommended by the Superintendent of the States and Territories, $2,500. Coast Survey. The Superintendent of the Coast Survey recommends that Congress nppropriate $90,000 for the geodetic survey which is Mr. HOLMAN. That proposition is subject to the point of order, now in progress. A certain amount of work has already been done, bot I will not press it. I wish to ask the gentleman from Ohio but the efforts of the Superintendent are crippled. The appropriation whether this is to be the entire expense to the Government of this is too small, and he cannot accomplish the service expected of him work! with the money we propose to give him. Mr. WALLING. I wish to say to the gentleman from Indiana this Let me give an illustration of the importance of making ample is the entire expense proposed to be paid from the Treasury of the appropriation for the completion of the geodetic survey. Last year United St-ates. '!'his is a connected series of maps commenced by or- a branch of the Coast Survey was sent into my State; and, in der of Congress in 1848 which may be nsed in the common form or in triangulating that portion of the continent lying in Western Virginia the large form. The object is to photolithograph this map to be sent and Southeastern Kentucky, they found that Cumberland Gap, a very to the public institutions of the country, and that surveyors may use important fortification in the time of the war, was three miles out of it in making maps of various subdivisions of the United States. It its proper place. Now suppose that my resolution, to extend the slack- indicates the various surveys of public lands, geographical and geo- water navigatien of tho Kentucky River to the sea via.tbo south logical surveys, and is a. map that ought to be preserved in all our fork of Kentucky River, Richland Creek, Cumberland River, Cum- public libraries. The appropriation made by the committee is suffi- berland Gap, and the Hiawassee and Savannah Rivers, shall be cient to cover the pbotolitbographin~ of five hundred copies. We adopted, anc..l the canal-route shall be established, then, sir, all the first asked the Committee on Appropnations for $5,000, but the Com- lands lying alon~ this route will be three miles out of place. mittee on Public Lands have instructed me to say that we would be The result will be that foreigners who purchase those lands will satisfied with $2,500 for this purpose. I tmst the appropriation will be disapr:ointed when they tind them three miles removed from be made. It is a matter of great importance to us. where they should be. The geodetic survey, going hand-in-hand The amendment was agreed to. with the geological surveys qf the several State~, will cotTectly as- Mr. WILLIAMS, of Indiana. I offer the following amendment: certain aml satisfactorily establish the true topography of the interior Insert after the amendment just adopted the following : That the sum of $302.40 .be, and the P.ame is hereby, appropriated to llonry Cliff, country. Charles S. Reisinger, and Charles E. Diemar, for services rcmlored a.s folder$ for This work should be hastened to completion, not merely for the the month of February, 1874, to be divided equally between the throe named g;en- sake of Americans and foreigners who shall invest in lands lying t!emen. along this ca,nal, but it should go on in the interest of science. I have here n certificate from the gentlemen named sa.ying that The triangulation of our country is an absolute necessity. The cur- they served a full month in February, 1874, and asking their pay. I vature of the earth is recognized by scientific men in this country and also have the certificate of the aasistant clerk of the House of Repre- everywhere. The importance of this work cannot be overestimated sentatives saying that they received no pay, and also that of Mr. in order to determine, not only the geography of the country, but it Buxton, who was then Doorkeeper of the House, to the same ett'ect. is of vast assistance to the Coast Survey and to tho Signal Service. It I ask that these certificates be read. has not been very long since the geography of the head-waters of the The certificates were read, as follows : .Missouri River in a very elegant pamphlet kno-wn as "Appleton's We, the undersigned, certify- that we worked a full month in February, 1874, and Pictnresque Ametica" was incorrectly mapped out on the wrong side were not pairl ther~for by the House of Representatives. of the Rocky Mountains, the .Madisou, Gallatin, and Jefferson being IIENRY CLIFF. represented as flowing into the Columbia River, instead of into the CHARLES S. REISINGER. CHAS. E. DIE.M.AR. Missouri River. It was a. most egregious error. We laugh at En- p;lishmen when they pretend that Michigan is in· New England and Wyoming Territory in California, but when we come down to the Diem:u·, I certify that the above-named Henr.Y Cliff, Charles S. Reisinger. and Charles E. were not paid as folders durmg the month of :February, 1874, as will ap- facts we :find that we ourselves in this enlightened cotmtry do not pear by the Clerk's annual report, made to the Honse of Representatives Decem- know within three miles of wh~re Cumberland Gap is. It seems to ber 11, 1874. mo that. a sufficient appropriation should be made to determine the JOHN BAILEY, geography and the topography of the cotmtry. Nothing can bemore A1sistant Olerk, HOU&e of /lepresentatwes. 0. S. :BUXTON, necessary. I hope that my amendment will be adopted. Late Doorkeeper Home of .Represent4ttves. Mr. RANDALL. I wish to say to the gentleman that when I get The amendment was agreed to. through with these amendments perhaps some of his objections will Mr. RAINEY. I offer the following amendment: be obviated. lf not I can only say that with this amendment the Aftet' line 840, insert tho following : - head of t.be Coast Survey is satisfied. For the introduction of shad into the rivers Congaree and Wateree, in the State :Mr. WHITE. Of course the Coast Survey will be satisfied, as they of South Carolina, $10,000. are compelled t<> be satisfied with whatever they can get. Since the war the supply of shad in those rivers has been very Mr. WmTE's amendment wns rejected. much decreased. It has been a source of complaint among the people Mr. RANDALL. I move the following amendment, to come in after in my State, which baa been brought to the attention of the execu- line 824: tive of the State of South Carolina, ancl he wrote me a letter, not a For difference between the amount appropriated and the amount of rent for bui1d- long while since, in regard to this matter, asking that I should bring ings Nos. 211 New Jersey avenue, south, and 215 SouthCapitolstreet, for the fiscal it to the attention of Congress. We ask for very little in that State. year enuing June :w, 1876,$-1,600. I do not kilow that any occasion has presented itself when we have Mr. HOLMAN. The rent of this establishment is becoming very · asked anything at the hands of Congress in this particular. "\Ve have serious. It is becoming an immense department of itself, renting a voted very liberally money for the purpose of havinO' fish dissemi- large portion of the cit.y. The last Congress tried to impose some nated in our waters in different parts of the United Stat~s; but we. restraint upon them in reference to rent, limiting the amount to be have never asked at any time that an appropriation should be made paid. In defiance of that they now come and ask us to appropriate for the benefit of the people of my State m this regard. I hope that t be difference between the sum they wante(l and the sum the last this Congress will at this time see proper to make this appropriation. Congret!S appropriated. On that principle there is no use trying to that we may also in South Carolina have our waters well supplied limit establishments like tijis. with food fish. Mr. RANDALL. I onJy wish to say to this House this difference Mr. HOLMAN. I ask that the amondmont may be again read. embruces-- The amendment was again read. Mr. HOLMAN. We struck this ont of the bill. Mr. HOLMAN. We have appropriated very liberally for the propa- .Mr. RANDALL. I know we did in committee, but I am advised gati,:m of food fishes, fully up to the estimates. I hope the gentleman this is necessary under a contract by which the Government is bound. from South Carolina will not insist on this appropriation. The Corn- 1876. CONGRESSIONAL RECORD-HOUSE. 4093 missioner of Fish and Fisheries will have no difficulty in supplying Mr. HANCOCK. H that is satisfactory to the Committee on Ap· him wita any quantity of fish-eggs. propriations I do not desire to speak on it. Mr. RAINEY. I woulject. It a long time. is murder to bring up such thin~ and print them as testimony. Mr. RANDALL. There is an important election, I may as well The SPEAKER pro tempore. Tne gentleman from Iowa objects. state, to take place to-morrow. The present Speaker pro tempore will 1\fr. CAULFIELD. Let me say this to the gentleman from Iowa: ue ab ent, and it will be necessary to elect -a Speaker ]»'O tempore in I do not remember all the vast amount of testimony that has been his stead, and we must meet for that purpose. We may agree there taken before the committee. But A B comes before the committ.ee shall be no other business to-morrow except what I have stated. and says that C D knows a certain fact. C D is brought before the Mr. RUSK. Let us go on now. committe~, and he confirms that statement. Does the gentleman want Mr. RANDALL. I wish to say that there is a good deal of unob- A B's testimony stricken outf Certainly not. I would not consent jectionable business which can be disposed of during Monday, Tues- to anything of the kind. day, and Wednesday. And although a good many members will not 1\Ir. LUTTRELL. Let it be printed, and then it can be taken for be present, I think the public business is so pressing that there should what it is worth. not be an adjournment. There will be quite a number of enrolled The SPEAKER pro tempore. The gentleman from Iowa insists on bills. The conference committees are meeting and may be able to his objection, and the resolution is not before th~ Hou~e. report. If there are any points of dispute where a record or a quorum Mr. CAULFIELD. Let me understand the gentleman's position. is necessary, they can be postponed until later in the week. Does be intend to prevent testimony taken uefore the committee from being published on a mere technical objection f THOMAS L. HOWARD. :Mr. WILSON, of Iowa. If only such evidence is printed as would Mr. GLOVER, by unanimous consent, introduced a bill (H. R. No. be received in a court, I do not object to its being printed. / 3766) for the relief of Thomas L. Howard, of Lewis County, Missouri; Mr. CAULFIELD. How can I give that assurance with such a vast which was read a first and second time, referred to the Committee of amount of testimony taken t Claims, and ordered to be printed. Mr. 'VILSON, of Iowa. Then it is not fair to print it. 1\Ir. CAULFIELD. It is fair to print it; and if the gent.leman then NAVAL APPROPRIATION BILL. chooses to examine it and objects to any portion of it thereafter, he Mr. BLOUNT. I move that the House non-concur in the Senate may do Ro. amendments to the bill (H. R. No. 3375) making appropriations for The SPEAKER p1·o tempore. Is there objection to the consideration the naval service for the ye~r ending June :30, H:!77, and for other of this resolution at this time f purposes, and ask for a committee of conference thereon. Mr. WILSON, of Iowa. I object. The motion was agre.ed to. :1\.Ir. CAULFIELD. · I move to refer it to the CommitteE.\ on Print- The SPEAKER pro temzJore. The Chair appoints as conferees on ing. the part of the House Mr. BLOUNT, Mr. WmTTHOR.."m, and Mr. HALE. Mr. WILSON, of Iowa. Not to be brought back on a motion to reconsider. · LEAVE OF ABSENCE. The motion was agreed to. By unanimous consent, leave of absence waa given as follows: :Mr. RANDALL moved to reconsider the vote by which the resolu- To Mr. WILLIAMS, of Indiana, ind~finitely. tion was referred to the Committee on Printing; and also moved that To .Mr. LEVY for ten days. the motion to reconsider be laid on the table. To Mr. HosKINs for two weeks. · Tho latter motion was agreed to. To 'Mr. TOWNSEND, of Pennsylvania, until July 3. . The SPEAKER pro tempore. Is it the pleasure of the House that To Mr. HE..~DERSON for four days. the Journal of yesterday shall now be read t To Mr. GLOVER for fifteen days from Monday next. Mr. RANDALL. 'l'he Journal of yesterday ought to be read. 'l'o Mr. WooD, of New York, indefinitely, on aooount of illness in his The Journal of yesterday was read and approved. "family. POTTAWATOMIE INDIANS. To ~h·. STh~ICKSO~ for five days on account of death in his family. 'l'o Mr. HunnELL until Monday from six o'clock this evening. Mr. PHILLIPS, of Kansas, by unanimous consent, introduced a To Mr. WILLIS nntil July 6. bill (H. R. No. ~~767) to provide for paying certain moneys to tho Pot- To Mr. LE .MOYNE until July 6. tawatomie Indians; which was read a first anneral STEPHEN A. HuRLBuT, of Illinois, The recess having expired, the House re-assembled at eight o'clock in tho places of Hon. Lewis B. Gunckel, of Ohio· Major-Genera1 James p.m. S. Negley, of Pennsylvania, and Major-General JohnS. Cavender, of MESSAGE FROM THE SEJ..~A.TE. Missouri, whose terms expired on the 9th of June, 1876. A message from the Senate, by Mr. SYM:PSO~, one of their clerks, in- The joint resolution was ordered to be engrossed and read a third formed the House that the Senate insisted on its amendments to t.he time; and being engrossed, it was accordingly reacl the third time, bill (H. R. No. 3375) making appropriations for the naval service for and passed. Mr. TERRY moved to reconsider the vote by which the joint reso- the year ending June 30, 1877, and for other purposes, disagreed to lution was passed; and also moved that the motion to reconsider be by the House of Representatives, agreed to the conference asked by the House on the disagreeing vot.es of the two Houses thereon, and laid on the table. had appointecl Mr. SARGE~T, Mr. CRAGIN, and Mr. WITHERS aa con- The latter motion was agreed to. ferees OJ:l the part of the Senate. STEAM FOG-SIGNAL AT F.ARALLON7 CALIFOR~"'A. PRINTING OF EVIDENCE. 1\Ir. PIPER, by unanimous consent, introduced a bill (H. R. No. Mr. CAULFIELD. I offer the following resolution, and ask· its 3768) authorizing tho construction of a steam fog-signal at the South Farallon Island, California; which was road a first and second time, adoption: referred to the Committee on Commerce, and ordered to be printed. ~ RuolvtJd, That the Committee on Expenditures in the Department of J W!tice be and they are hereby, authorized to print all the testimony taken by said commi~ . SUNDRY CIVIL APPROPRIATION BILL. _ touching all matt~rs under im•esti~ation before said committee under the House resolution of January 14, 1876. Mr. RANDALL. I move the House resolve itself into Committee of tbe Whole on the state of the Union on the sundry civil appropria- 1\Ir. WILSON, of Iowa. I will not object if the committee will tion bill. agree to strike out all hearsay. Otherwise I do. I have sat for six The motion waa agreed to. weeks almost every day on an investigating committee, and we The House accordingly resolved itself into Committee of the "Who1e agreed, if it should take four days a week, that everything in the on the state of the Union (Mr. BLACKBURN in the chair) on the bill shape of hearsay shall be stricken out before we report it. (H. R. No. 3749) making appropria.tions for suudry civil exnenses of Mr. CAULFIELD. There is nothing I think in the shape of hear- the Government for the fiscal year ending June 30, 1877, and ·for other ·say evidence to be published under this resolution. purposes. 1876. CONGRESSIONAL RECORD-HOUSE. 4097 }.!r. RANDALL. I ask unanimous consent to have the amendment Mr. RANDALL. Before the gentleman begins I desire to reserve which ha.s been adopted which relates to the pay of George W. Green, any point of order upon it. contestant, put in its appropriate place in the bilL Mr. BAl.~NING. This amendment is intended to perpetuate the There was no objection, and it was ordered accordingly. survey of Lieutenant Wheeler, which has been conducted for several Mr. SCHLEICHER. I offer the following amendment as an addi- years, and which is one of the best, if not the best, that we have. I tional paragraph to come in after line 942 : see that $60,000 is given by the Committee on Appropriat.ions for -the For work necessary for the protection of the river bank at Fort Brown, in Texas, Hayden survey and $30,000 for the Powell survey, while for some rea- againRt the encroachment of t.he Rio Grande, $10,900, or so much thereof u.s may be son unknown to me the Wheeler survey is left out. Some members n e(l('.ssary, to be expended under the direction of the proper officer of the Engineer of the House know more what it is than I do myself; but I hope the D epartment.. appropriation may be ma.de. Mr. RANDALL. I wouMlike to have inserted in the RECORD the Mr. RANDALL. 'l'he Committee on Appropriations were in some reasons for this appropriation. doubt whether they would make any appropriation at this time for Mr. SCHLEICHER. I ask the Clerk to read a letter from the Sec- any of these surveys, in view of the present condition of the Treas- retary of the Interior which I send up. irry. But finally they concluded to allow appropriations for those The Clerk read us follows: surveys that would not interfere with the regular duties of the En- I woulll respectfully call attention to the river bank in front of this depot. gineer Corps of the Army. After some consideration it was deter- The danger from high wat.er is very great. The different officers of the Quarrer- mined .that the approprhtions should be confined to the surveys of master's Depa.r tmeut stationed here for the past five or six years have done all t_hat Messrs. Hayden :md Powell. lay in their power, by the use of fa.'3cines, piles, (such as they could get,) rnblnsh, stones, &c., to protect the bank from washing away. Last season the buildings Mr. BANNING. One word further. In keeping up this Wheeler were in great danger, and in case of very high water this season may again be placed survey we pay nothing to the officer more than he now receives; he in jeopardy. is now an officer of the Army and under pay. In re~ard to the other I think an appropriation should be a.sked for the special purpose of pilinO' and surveys, we will be compelled to pay, and therefore It would be more fillln~ in along the entire front of the depot lmildings. The piles should be'large and 10ng, t() reach the solid ground below the quicksand. Uuless some action 1s economical to keep up this survey rather than the others. taken for the protect.ion of tho bank, the public buildings and property will always Mr. RANDALL. I think thero are one hundred and sixty people be in danger during the season of freshets. The building occupiec:l by LieutRnant from civil life employed in the Engineer Corps, and we think they Eskridge was very uear being wo.shed in last s~.son during the, high water; ho had can very properly be dispensed with. , his furniture all packed rea.dy for a. move at any moment. The b:m.ks disappear very rapidly when they once begin to cut away. Mr. HURLBUT. I hope the amendment offered by the chairman 'l'hese public buildings at this depot are too valuable and hn.ve cost too large an of the Committee on Military Affairs [Mr. BANNING] will be favorably amount of money in theit· construction to risk their destruction, when a small ap- considered by the House, for the reason that this work is part of the propriation would render them perfectly safe. great system of topographical survey of our country. It bas been Mr. SCHLEICHER. I can explain this whole matter in a few elaborately prepared; nearly all of the cost and expenditure have been words. The Government buildings at Fort Brown are erected in a made to obtain the materials of the work, and it looks to be anything bend of the Rio Grande. The Rio Grande in many pla-ces changes but economical to break it up at this time and throw it over. its channel in times when the waters are high and cuts ·off bends Every dollar of the appropriations for this purpose that has been sometimes on one side, sometimes on the ot.her. . laid out on these three surveys has been more than repaid to this There is imminent danger t.hat this bend upon which these Govern- country long since. Discoveries have been made of valnable miner- ment buildings are situated will be cut off, unless some protective als, of lines of travel, of great commercial advantage to the entire works are placed along its banks which will arrest the wMhing of country, which have led to the filling up of our Territories by settle- · the river. General Humphreys sent an engineer officer there, and his ments. As a matter of fact, thro.u gh these surveys we are preparing report and estimate have beeu made; he recommends an appropria- the best possible guarantee against Indian hostilities em the frontier, tion of $10,000 for these necessary works. by introducing n. cordon of pioneer settlements, following in the wake I saw the Quartermaster-General yest.erday, Jtnd he told me that the of these surveys, to take up the good agricultural lands and the rich buildings at this point now in use could not be replaced for less than mining regions discovered so as to take that burden off the Govern- $150,000; they are solid brick buildings, including a hospita.J, a com- ment. I hope there will be no objection to sustaining not only this missary building, a building for the storage of quartermaster's stores, survey but the other surveys conducted under the War l)epartment. and solid barracks for the officers and soldiers at t.ho post. He also Mr. HAMILTON, of New Jersey. I hope this amendment will pre- stated that in all human probability that post would continue to be vail. I had occasion to examine this subject as a member of the necessary and indeed would be permanent, inasmuch as it is situated subcommittee of the Committee on Appropriations. This survey of on our national boundary; and he thinks that this small appropria- lfajor Wheeler is entirely different from the others; it is a geographical tion should be made to save the valuable property. The buildings are survey of the country, and useful as a guide to Army operations and erected about the neck of the bend and about where the new channel for other purposes. I w:u; not present when this bill was considered would form in case the river would cut through, so that they are in in full committee, o.nd do not know why this appropriation was left danger of being utterly destroyed. out. I think this amendment should be a.dopted. Mr. RANDALL. This amount would be enongh to secure these The CHAIRMAl.~. Debate upon the pending amendment has been buildings permanently f exhausted. Mr. SCHLEICHER. It would, according to the report. Mr. WARREN. I move a pro forma amendment to strike out the Mr. REAGAN. I desire to sa.y that there has been about$2,000,000 last word. The · gentlemen upon the Committee on Appropiations expended at Fort Brown and on tho buildings mentioned by my col- will bear me witness that I have supported their efforts to reduce ex- league and on the national cemetery near it, and the waters of the ri Vt}r penditures on almost every occasion. I feel constrained, however, now threaten to cut through the bend of the river and through these to vote for this amendment. I do it with reluctance, seeing that they buildings and cut off not only the fort, but also the national ceme- oppose it, and I wish they might withdraw their objection and allow tery located t.here. it to pass. My information is that $2,000,000 have been expended there. There I think it is known to every man who takes an interest in the is another m:1tter in relation to the position of the fort at this point. progress of the scientific survey of our western country that the By the treaty of Gnadaloupe Hidalgo the channel of the Rio maps of the .Wheeler expedition are the most valuable maps of this Grande is made the boundary line between the two Governments, country that have ever been produced. It so happened-and that is and in case it should be cut off the question might arise a.s to the my excuse for troubling the House for a moment-that a.s I came up ownership of this property, and whether the boundary should follow here to-night I fell in with an old friend of mine, who is well known the old channel or the new channel of the river. This appropriation to gentlemen from Chicago o.nd whose name is regarded with great is urged for the preservation of the fort and to save the proprietor- respect in the whole count.ry. We fell into conversation in reference ship of the land on which it is situated from being disputed. to this very matter. He communicated to me this fact, which I The amendment wa.s agreed to. deemed it important to state to the Honse; the most eminent geo- Mr. RANDALL. I offer the following amendment: grapher in the world-! think his name is Petermann, of Germany, To pay John Titus, late chief jnsticoof Arizona Territ()ry, $658.80, the balance though I may not have the name correctly-is now preparing an atlas of salary due him. covering all the countries of the world, one that will be the most John Titus, commissioned as chief justice of Arizona Territory, ex- elaborate and perfect of the kind that has ever been produced. This piredApril17, 1874. HissuccessorqualifiedJuly6, 1874. He (Titus) gentleman stated to me to-night that Pet-ermann uses Wheeler's maps was pa,id to expiration of commission, April 17, 1874, but not to the as his authority, and as the best maps of the portion of the United ond of the time he was acting, July 6, 1874, for which no appropria- States to which they apply that have ever been made. tion was made. He ought now to be paid at the rate of $3,000 per It seems to me that as a Congress we can do no better work for the annum from April17, 1~74, to July 6, 1874-eighty days. whole people of the country than to provide them with the most ac- The amendment was agreed to. curate knowledge of all tho facts connected with the western por- 1\lr. BANNING. I offer the following amendment to come in after tions of our country. If we ever return to a state of prosperity, as the last amendment adopted : we hope to do, we expect an immigration to this country greater than F or every p urpose necessary t() the continuation of the geographical surveys of ever before. Those who may come here ought to be able to find out th e Tenitories of t he United States west of the one-hundredth meridian, under the the positiv~ facts, the last bottom facts, in regard to the country, in • W ar Department, f or field and office work , and for tho preparation, engraving, and order that they may know where are the best lands for them to settle printing the plates and atlas-sheets, $50.000. upon, that they may avoid the sterile hills of New England and be I promised to offer this amendment, and I want to say just one able to find most readily the valuable agricultural and timber lands wonl to the committee concerning it. of the West. IV--257 • 4098 CONGRESSIONAL RECORD-HOUSE. JUNE 32, It seems to me that, conside1ing how very small this appropriation The work> of the surv~y has been thoroughly executed and ita necessity amply is, how vast the results that have been produced, we should make to demonstrated, but no fund exists applicabie the paym'ent. of the expen~es inci· dent thereto. I therefore respectfully present an estimate of appropriation for the greatest mistake in the world if we stopped the course 6f inves- $25,000, su~mitted by .the Commis ioner of Indian A:ffil.irs, for the purpo e named, tigation which has been pursued of late years and which has heen so tog_etber w1t.h the copres of correspondence noted in his report, before referred to very valuable, much more so, considering the amount of money ex- anu earnestly recommend the subject to the favorable consideration of Congre~. ' pended, than the results of any other expenditure in which we have I have the honor to be, very respectfully, your obe4ient servant, Z. CHANDLER, Secretary. engaged. The SPEAKER of the Houge of Rep-rese-ntatives. - Mr. WELLS, of Missouri. Mr. Chairman, I have had occasion to ex- amine the results of the work of Lieutenant Wheeler, and I am satitdied Mr. CALDWELL, of Tennessee. Mr. Chairman, under the author- that it should be continued. He has in his employ quite a number of ity of the President this survey was undertaken. The Secretary of scientific gentlemen whose services must of course be lost to the Gov- the Interior was of opinion that the beneficial object (t.he Indian fund) ernment if this work be abandoned. Besides that, he has many val- could be used to defray the expenses of the expedition. After as uable instruments which .have been constructed especially for this ~uch a~ 11,000 of that fund had been so expended, the Second Au- work under the direction of the Department here. From all my in- ditor refused longer to certify the accounts of the expedition to the format,ion upon this subject, I believe that the amount here proposed Second Comptroller, upon the ground that this work was in the should be appropriated. La~t year when 120,000 wa~ asked for, a nature of an inquiry or commission, and that there must be a special SJlbcommittee to whom the matter was referred reported to the main provision of law to pay for it. Since that time, the 3d of December committee in favor of appropriating $50,000. It seems to me this last, the expenses of the expediti?n have amounted to $14,000 more. amount ought now to be appropriated, as it will be large enough to The work has been completed, and this is a proposit.l on to appropri- continue the work and preserve the present corps of skilled men until ate 25,0001 11,000 for the purpose of making up the amount which such time as we can afiord to be more liberal. has been Withdrawn from the beneficial object, (the Indian fund,) The question being taken on the amendment of Mr. BANNING, and $14,000 to pay the balance of the expense incurred in the expedi- there were-ayes 69, noes 43. tion which has never been settled from any quarter. . .Mr. HOLMAN called for tell~. Mr. BLOUNT. Has there been any authority for the sUITey at all- Mr. RANDALL. Is it in order now to move to strike out $50,000 any le:rior, and at such rates as tho Secretary of the Interior shall prescribe, not exceeding the rate herein authorized: tee on Appropriations, I trust that as so amended it will receive the Provided, That no lands shall be surveyed under this appropriation except, fi~t, vote of the committee. thllse adapted oo agriculture without artificial irrigation; secou1l, irrigable lands Mr. CALDWELL, of Tennessee. I will accept the proposition of or t~uch as can be redeemed and for which there is sufficient accessible water for the the chairman of the Committee Qn Appropriations and modify my reclama.tion and cultivation of the same not otherwise utilized or claimed; third, timber lands bearing timber of commercial value; fourth, coal lands cootaining amendment so as to appropriate the snm of 14,000 to pay the balance coal of commercial value; fifth, exterior boundary of town sites; sixth, prh·ate land due on account of the tlxpedition. elaims. The cost of such surveys shall not exceed 10 per mile for sta.ndard lines, Mr. RANDALL. I do not like the word "balance" exactly; it $7 for township and $6 for section lines, except that t.he Commissioner of the Gen· shonJd· be to pa)T the amount in full. . eral Land Office may allow for t.he survey of standard lines in heavily timbered land a sum not exceeding 12 a mile. Mr. STEELE. I have an amendment to the amendment wh10h I think will reach the object in view. It is to add to the amendment Mr. PAGE. I move to amend the pamgra.ph just read by strikinO' the following : out the last sentence, commencing, "The cost of such surveys shafi None of said money thus appropriated sba.ll be nsed oo re-imburse the Indian fund not exceed," &c., and inserting in lieu thereof that which I send to heretofore used for the purpose of these surveys. the Clerk's desk. Mr. CALDWELL, of Tennessee. I accept that amemlment. The Clerk read as follows: The amendment, as modified, was then adopted. For surveying the public lands in California, at rates not exceeding $15 per linear . Mr. WALLING. I desire to offer an amendment changing the -timbered mile for standard lines, 14 for township, and ..12 for section lines, ancl for heavily phraseolagy of the cl:1use rela.ting to the survey of the Colorado of standard, mountain lands at augmented rates, not exceeding $l8 per linear mile for l6 for rownship, and $14 for sectional lines, 70,000. the West and its tributaries. That clause now reads as follows: Mr. \VALLING. I move to amend the paragraph by adding the For completing the survey of the Color!\do of the West and its tributaries, by Professor J. Yv. Powell, Ullder the direction of the Secret:ny of the Interior, $30,000. following: I move to change the phraseology of the first part of the clause so Provided, That the starting. point for such surveys may be established by trian- gnL'I.tion. that it will read: "For the continuance of the geographical and geo- logical survey of the Rocky Mountain region, by J. W. Powell," &c. The rea.son for that amendment .is that under the present law of Mr. RANDALL. Put in the word "completion" instead of "con- surveys the initial point is to be on the standard line. This paragraph tinuance." provides for surveying only that portion of the public lands that may Mr. REAGAN. What is the reason for this change of phraseology! be utilized to some advantage, and in order that only those lands may Mr. WALLING. In order t.hat the survey may be continued be- be properly surveyed this amendment is necessary. yond the Colorado region and embra.ce the whole Rocky Mountain Mr. PATTERSON. I hope that this amendment will not be adopted. region. It would destroy the.whole existing system of Government surveys in Mr. HOLMAN. I move to amend so ·that it will read: "For com- the United States-a comprehensive system which has been the es- pleting the survey," &c., which are the words used in the last ap- tablished law of the land for so many years. Instead of hn,ving a propriation of $25,000. I hope there will be no change. of the phrase- system of surveys under whlch a-s soon as the owner of the ]and or the ology of this paragraph. Let us some time or another bring these person desiring to find it reads the paper he may ~o upon it know· surveys to a close. ing that it is the l:1nd he seeks, you will have nothmg at all except Mr. W~LL;rNG. The amendment is one from the committee itself, a pile of rocks or something of that kind in the mountains or plains, handed to me by the chairman of the committee. without n.ny initial or starting point. I hope that no such princi ple Mr. HOLMAN. Wh:1t committee T as that proposed by the gentleman from Ohio.[Mr. ·WALLING] will Mr. WALLING. Committee on Appropriations. be tolerated for a single moment in connection with the survey of the Mr. HOLMAN. The gentleman is mistaken about that. public lands. Mr. WALLING. I n.m not ; it was handed to me by Mr. RANDALL, Mr. REAGAN. I desire to call attention for a moment to tbe pro- himself, within the last three minutea. vision of this paragraph. It is provided that the cost of these sur- 1876. CONGRESSIONAL RECORD-HOUSE. 4101 veys shall not exceed $10 a mile for standard lines. I wli!h to call Lands at least, and should be by the Committee on Appropriations, that at tention to the prices of surveying as fixed here and to ask members it costs almost a third more to survey these lands in the State of Cali- of tue committee to allow their minds to revert to the prices estab- fornia than it does in any other State, at ]east, and much more than lished by law in the several States from which they come. If they it does in many of the Territories. In the heavy-timber lands of Cal- will do this, they will remember t.hat the average cost for surveying ifornia the means of traveling are expensive and the cost is great in is about $3 a mile. What additional expense may be necessary in getting provisions there, and it is well understood that labor is at least surveying what are termed "standard lines" I am not able to say. 25 per cent. higher in California in gold than labor on the Atlantic Mr. PAGE. To what amendment is the gentleman from Texas coast in ~eenbacks. Therefore I say it would be an a~t of injustice, speaking f and would render invalid and of no account this appropriation pro- Mr. REAGAN. To the amendmellt of the gentleman from Califor- posed by this committee should this proviso stand. nia, [M:r. PAGE.] There are to-day, Mr. Chairman, in California some of the most Mr. PAGE. .As the introducer of that amendment I claim the right beautiful timber lands on the continent of America. They have not to be heard upon it. been surveyed, and year by year they are being despoiled of their 1\lr. REAGAN. My speaking will not prevent the gentleman's be- most valuable timber. Mil1ions and millions of feet of lumber are ing beard. cut off the public lands along the line of the Central Pacific Rail- It seems to me that the price allowed in this bill for surveying is road and other localities, and the Government does not receive one nearly twice what ought to be allowed. Then the amendment of the single dollar therefor. Every man, under the laws of the United gentleman from California greatly increases that amount. By his States, who trespasses upon those lands and cuts a stick of timber on amendment it would be $48 a section for the running of sections of land. the unsurveyed lands of the United States is liable to be indicted as It must he pretty fair land out in the plains or among the mountains a trespasser, and many of them are indicted in my own State and that is worth $48 a section, besides all the other expenses connected taken from the interior to San Francisco at heavy expense. I ask with surveying these lands and bringing them into market. · whether it is fair f I appeal to the judgment of the members of this As soon as the amendment offered by the gentleman from Califor- House and ask them, with these facts in view which caunot be con- nia is acted on, I shall, if it be not adopted, move to reduce the amount troverted, whether it isjust and whetherthisapproprin.tion of $200,000, of compensation provided in the bill for surveying. I think it is ex- to be divided between sixteen States and Territories, is sufficient to travagant and unreasonable, unsustained by our experience anywhere survey the public lands· and throw them open to homestead and pre- in this country. I speak from some personal knowledge, having been emption entry T · at one time for several years a practical surveyor. Why should the [Here the hammer fell.] cost of surveying in California be more than anywhere elsef Mr. WALLING. Mr. Chairman, the statements of the gentleman Mr. PAGE. The amount proposed in my amendment is the same from California would perhaps mislead the House unless they are con- that was appropriated last year. troverted. The Committee on Public Lands have agreed unanimously M:r. REAGA...~. The cost of labor and living is to-day no higher in to this amount as all that is necessary for the sQrvey of the public California thn.n in any other city in this Union, certainly not higher lands for the present year. It is $70,000 more than was expended in than in mauy of our western Territories. any one year prior to the war for four years, at a time when there 1\lr. PAGE. The amendment which I have offered proposes to ap- was a. rapid settlement of the public lands. The surveys in the last propriate $70,000 for surveying public lands in California, the same five or six years, sir, have gone on in inverse ratio to the amount of amount that was appropriated last year. The Committee on Appro- valuable land we have had left. As they approach the arid regions priations have this year made an entire change in the manner of ap- they have increased the surveys until, I have been told, millions of propriating for the survey of the public lands. Instead of dividing acres have been surveyed which can never be settled and· which are the amount among the several States and Territories where the pub- not desirable for settlement; that in the State of California. alone lic lands exist, the committee have grouped it all together and made there are over twenty-one millions of acres of surveyed lands unoccu- an appropriation of 200,000 where last year there was appropriated pied. $&!4,000 for this purpose. My amendment contains all the provisions Mr. PAGE. What class of lands T Will the gentleman please for the survey of township lines and town sites and for sectionizing state t that were contained in the ln.w of the last Congress. Mr. WALLING. Does the gentleman from California. wish to be One word in reference to the amount proposed to be appropriated understood before this House as desiring the survey of millions of this year by the Committee on Approprin.tions for the survey of the acres of the public lands which cannot be occupied t public lands. If it is the object that this money shall be distributed Mr. PAGE. Most assuredly not. pro 1•ata among the different States, I presume that California would Mr. WALLING. Has he not stated that California. has over probably get $12,000 or $15,000. The report of the Commissioner of 21,000,000 acres of surveyed lands, 50,000 a~res of which only are fit the General Land Office for 1875 gives the amount of ·unsurveyed for occupation f I public lands in California. as 79,000,000 acres. The amount paid into Mr. PAGE. I did not say th~re were 21,000,000 acres of surveyed the Treasury of the United States from ca-sh sales of the public L 0~ '+-I'd 04) O'tl'd 4) 4) .scil.gr-.'d I»

. b1~ 4l ~"' ~~PI cil 41 a"' a§ 'S;9 a a .~ ~§ 4) -.: ~8 ~ ] d ::s d ~ 1:::1 z z lZi lZi ~ ~ .Acres. Acres. .Alabama .... .......................................................... 32,462,080 32, 462,080 .............. 27, 462, 080 5, 000,000 47:l, 385 157, 7!l5 .Arkansa.J .............................................................. 33,406, 720 33, 406,720 4 .................. . 24. 379, 294 9, 027, 426 618, 651 206,217 Dakota* ............................................................... 96,595, 840 18, 112, 535 27, 460, 585 9, 208, 569 9, 382,660 946, 611 315, 537 Florida ............................................................... 37,931,520 29,979, 877 7, 951, 643 2l, 431, 125 8, 54~. 752 235, 347 78, 449 lllinois ................................................................ 35,462, 400 35,462,400 ................. 35,435, 984 26,416 3, 990 1,:330 Indiana................................................. , ... -.......... 21,637,760 21, 637,760 ......................... . 21, 54l, 900 95,860 5,140 1,113 Iowa .................................................................. 35,228,800 35, 228,800 ...................... 33, 315,292 1, !113, 508 201 ,852 67,284 Kansas* ............................................................... 51,769, 976 37,421, 816 ................... . .. . 21, 187,216 29, 982, 760 ~ 698,966 899, 655 Louisiana. ............................................................. 26, 461,440 24, 353, 272 2,108,168 21,013, 797 3, 33.lJ, 475 3311, 726 110,243 :Michigan ............................................................. 36, 128, 640 36, 128,640 ......... .. . ...... . 33, 932, 286 2, 196, 353 1,180, 098 393, 3ti6 ::::::::::::::::::::::::::::::::::::: ::::::::::::::::: ~~a:r:r~:::............................................................ Nebrask~~ :~: 53,459,840 30,179,840 41, 824, ()()() 48, 63ti, 800 37,873,110 30, 179,840 41, 824, ()()() 25, 881 , 450 15, 586,730 ······-··· · ·- · .................. ............... . . .................. . 26,154, 517 26, 179, 477 41,416,622 20, 641,357 11,718,593 4, 000, 363 407, 377 17,239, 987 1' 693, 9-2'.2 177, 399 297, 139 2,2U, 772 564, 641 59.133 99, 046 747,257 ~bf~d>~8j;,_' :::::::::::: :::~: ~ ::::::::::::::::::::::::::::::::::::::::: ~ 25,576,960 25, 576, 960 25, 567,275 9,685 3,395 I, 132 34,511,360 34,511,360 .................. 27,800,408 6, 710,952 1, 069,281 356, 427 " The total areas of Kansas Nebraska, and Dakota nre given in the first column. The areas, surveyed and unsurveyed, here noted refer only to those portions of said States and Territory east of the one hundredth meridian; but the disposals and amount-s remaining undisposed of are for the entire States, it being impracticable to separat-e the disposals eai!t. and west of the meridian. Tabular statement sh~wing the areas of the public-hznd States (Lnd Tm-ritories tcest of the one hundredth nt.eridian 1vest from Greenwich, the number of acres surveyed and unsurveyed, nuntbtr of acres diaposed of, and the ttumber of am·es su1"Veyed and undisposed of up to June 1, 1876; also the ag- gregate OCCttpation. for 3ettlement during th.ree years la~t past and the average annual occupation for three years. States and Territories. Acres. Acres. Arizona .............................................................. . "rn, 906, 30t 3, 791,379 69,114,925 2, 186, 124 1,615, 255 23,016 7, 672 California ................ : • ........................................... 120, 947, 840 42,610,146 78, 337,694 21, 553,899 21,056,247 1, 815, 149 605, 049 Colorado ............ ................................................ .. 66, 880,000 19, 351, 671 47,528, 329 5, 127,508 14,224, 163 562, 760 187,587 Dakota• ......... ~ .................................................... . 96,595,840 18,591 , 229 50,544,026 9, 20a, 569 9, 382, 660 946, 611 315.537 Idaho ................................................................ . 55,228, 160 5, 755, 849 49,472,311 840, 740 4, 915, 109 61, 301 20, 434 Kansas• ................................... . . : ........................ . 51, 769,976 51,769,976 21,787,216 Z-1, 98'2, 760 2, 698, 966 899, 655 Montana ............................................................. . 92,016,640 9, 102,608 82, 914,032 3, 292,434 5,810,174 61,988 20. 662 Nebraska* ........................................................... . 48,636, 800 10,755,456 11,999,994 20,641,357 17,239,987 2, 241, 772 747,257 New Mexico .................................. ~ ..................... .. 77,568,640 7, 082,786 70, 485, 854 3, 454, 798 3, 627, 988 9, 575 .3, ]()2 Nevada .............................................................. . 71,737,741 10 9J6 J55 60,801,586 3, 125, 482 7, 810, 673 55, 6.19 1!:!, 5~6 ~r :::::::::::::::::::: :~: ::::::::::::::::::::::::::::::::::::::::: Washington .......................................................... . 60,975,360 54, 065,075 44,796 160 18:803:893 7, 570,181 12,071, 523 42,171, 467 46, 494,894 32, 724, 637 10, 890, 194 2, 46 '993 6, 662, R83 7,913, 699 5, 101, 188 5, 408, 640 284, 331 182,181 264,492 94, 777 60,727 88,164 Wyoming ............................................................ . 62,645,120 7,371, 722 55,2TJ, 398 3, 101,680 4, 270,042 22,614 7,538 ~The total areas of Kansas, Neb:raBka, and Dakota are given in the first column. The areas surveyed and unsurveyed here noted refer only to those port.ions of said States and Territory west of the one hundredth meridia.i:a, but the disposals and amounts remaining undisposed of are for the entire States, it being impracticable o separate the disposals east and west of the meridian. :Mr. MAGINNIS rose. ries in places that are not occupied, but there are hundreds of places Mr. HOLMAN. I hope there will be no objection to closing debate where there are settlers calling for surveys of public lands in order on t.his paragraph, otherwise I must move that the committee rise for to obtain titles to their homes. And why should we be aBked to break that purpose. down our ancient system of surveys, so long and so well established, Mr. MAGINNIS. I desire to be heard on this question. and to introduce an nntried system, except it be to still further per- Mr. HOLMAN. Very well. After the gentleman from Montana petuate the doings of those gentlemen who successfully tickle tho has spoken, I shall ask that debate on this paragraph close. eu.r of the House, and who by judicious distribution of pictures and Mr. PATTERSON. I most assuredly object to debate closing on patronage manage to make many and enthusiastic friends. this paragraph. There are too ma-ny interests at stake. I have no reason to find fault with these geological surveys or these Mr. MAGINNIS. I want to say to this House that I am particularly gentlemen who go out there and take photographs of our beautiful wonder-struck at the power of humbug and successful log-rolling scenery. What I object to sometimes is the fact that they come back when ingeniously presented and industriously followed up. This apparently with the assumption that they own that scenery, and House has just voted 145,000-which the gentleman from Ohio made, or at least discovered the country in which we dwell. It ad- wished to increase-chiefly for the purpose of taking photographs and vertises the country, however, and that is all well enough. But, sticking pins through bugs. The House has voted that sum for the I say, when the interests of the a{}tual settlers of sixteen States geological survey, for gentlemen who roam all over the Territories and Territories are on the one hand, and this fanciful work of and make wonderful and startling new discoveries of interesting making photographs and handsomely-colored maps on the other, phwes discovered )eng before they went there; and whose chief busi- this House makes a mistake when it discriminates in favor of the ness seems to be to take up the names of the historic old romantic fanciful and throws the practical work to one side. I do not urge t he landmarks of the country and to bestow on those mountains and too rapid extension of surveys. When carried too far in advance of ranges the names of the parties belonging to t.heir expedition. This settlements the monuments perish and the surveys are lost. But there House has just now, on the recommendation of the gentleman from are in Montana, portions of the Yellowstone Valley, the Deer Lodge Ohio, voted $145,000 for this fanciful sort of work; and yet you only Valley, and the BeaYerhead Valley, quite thickly settled, where the propose to give only 200,000 for the benefit of the actual settlers of surveys need to be extended, and I certainly think that the needs of sixteen States and Territories. these settlers should appeal more loudly to Congress than ot her con- Of conrse, Mr. Chairman, there are surveys made in those Territo- siderations. With the restrictions placed on surveys in this bill, and 1876. CONGRESSIONAL RECORD-HOUSE. 4103 what I fear may prove to be the inadequate prices allowed for the The CHAIRMAN. It is not competent for the gentleman from Col- work, any appropriation you may make must certainly be well ex- orado to object; he was awarded the floor and declined to occupy it. pended. Mr. PATTERSON. Do I understand that objection cannot be made Mr. HOLMAN. I now a.sk unanimous consent that debate on this to the offering of this amendment f paragraph may cea.se. The CHAIRMAN. It is not a matter that requires unanimous con- ~·PATTERSON. On that I desire to say one word. I wish to sent. The amendment of the gentleman from Texas will be read. offer an amendment, and I wish to be heard a moment upon it. It The Clerk read as follows: goes to the very gh;t of the whole paragraph and is of the utmost Amend by striking out the word "ten" in line 968, and insert the word 11 six " in importance. ita plaoo. Mr. HOLMAN. · If the committee shall rise I will move that debate Strike out the word "seven" in line 969, and insert in its place the word "five." Strike out the word "six" in line 970, and insert in its place the word "four." be closed in five minutes, to allow the gentleman from Colorado to be .And strike out of line 973 the word " twelve," and insert in its place the word heard. I move that the committee rise. 'six." The motion waa agreed to. The question was taken on Mr. REAGAN'S amendment, and it was The committee accordingly rose; and ~fr. HooKER having taken not agreed t.o. the chair aa Speaker pro tempm·e, Mr. BLACKB~ reported th~t the Mr. PATTERSON. I offer the amendment which I send to the Committee of the Whole on the state of the Umon had, according to Clerk's desk. It is not properly an amendment to the amendment, order, had under consideration the bill (H. R. No. 3749) making ap- but rather a substitute for it. propriations for sundry civil expenses of the Government for the fiscal The Clerk read as follows: year ending June 30, 1877, and for other purposes, and had come to Strike out in lines 952 and 953 the following words : "For survey of the public no resolution thereon. lands and private land claims, $200,000," and msert in lien thereof the followml! : Mr. HOLMAN. I move that the Honse resolve itaelf into Commit- "For surveying the public lands in the States of Louisiana and Florida., $15,000; tee of the Whole on the state of the Union for the purpose of resum- in the State of Minnesota, $20,000; in the Territory of Dako~ t.20,000; in the Ter- ritory of Montana, $30,000; in the State of Nebraska, $45,000; in the Territory of ing the consideration of the sundry civil appropriation bill, and pend- Colorado, $40,000; in the Territory of Idaho. $20,000; in the Territory of New Mex. ing that motion I move that all debate on the pending paragraph be ico,$25,000; in the Territory of .Arizona., 12,000; in the State of California., $10,000; closed in five minutes. in the State of Ore~on, $301000 ; in the Territory of Washington, t20,000; in the Mr. DUNNELL. I hope the gentleman will make it ten minutes. Territory of Utah, $20,000; m the State of Nevada, $20,000; in the Territory of Wyoming, $25,000; in all $382,000." I desire to offer an amendment. ~fr. HOLMAN. I think five minutes will be sufficient. I will yield The CH.A.ffiMAN. Two and a half minutes remain of the time al- that time to the gentleman from Colorado. lowed by the Honse for debate. Mr. DUNNELL. I desire to offer an amendment to this paragraph. Mr. PATTERSON. I askunanimousconsenttooccupyfiveminutes. The motion to limit debate to five minutes was a~reed to. Objection was made. The motion that the House resolve itself into Committee of the Mr. PATTERSON. Mr. Chairman, the first pernicious legislation Whole was agreed to. · that the amendment seeks to remedy is that of voting a sum in The Honse accordingly resolved itself into Committee of the Whole, gross for the purpose of public surveys. As the clause now reads it (Mr. BLACKBURN in the chair,) and resumed the consideration of the provides the sum of 200,000 for public surveys in sixteen States and bill (H. R. No. 3749) making appropriations for sundry civil expenses Territories, and this amount is to be distributed at the wiH and option of the Government for the fiscal year ending June 30, 1877, and for of the Commissioner of the General Land Office and of the Secretary other purposes. of the Interior. Mr. LANE. I desire to offer an amendment, to which I believe I desire to ask the question what State or Territory will get its due there will be no objection. proportion, and how it is to be determined how much shall be given The CHAIRMAN. It is not in order now. An amendment to an to Dakota, to California, to Wyoming, or any other State or Territory amendment is now pending. But, if there be no objection, the Clerk upon which public surveys are carried on' It will be the smoothest- will read the amendment which thegentlemanfrom Oregondesiresto talking member from a State or Territory, the one who can bring the offer. strongest influence to bear on the Commissioner or on the Secretary The Clerk read a.s follows: of the Interior. These men have no means of knowing the wants or necessities of the States or Territories so far as the public surveys In line 973 strike out 11 $12" and insert 11 $14 ;" so that it will read: 11 ma.y allow for the survey of standard lines in heavily-timbered land a sum not exceeding $14 are concerned. They cannot determine them either from maps or per mile." from the reports of the surveyors-~eneral of the land districts; and so far aa future disbursements of money for surveys are concerned it The CHAffiM.A.N. The Clerk will report the amendment offered depends upon the influence, whether by voice, by money, or by friends, by the gentleman from Ohio, [Mr. WALLING.] or by any other of the numerous ways by which influence is brought The Clerk read as follows: to bear, where this money shall be distributed. Perhaps my Territory Add to line 973 the following : may not receive a. dollar; perhaps the State of California may not Provided, That the starting-point for such surveys may be established by tri· receive a dolJar; perhaps the whole amount will be expended where angulation. it is not at all needed; and this is in direct opposition to the rule :Mr. PATTERSON. I do no~ desire to occupy the time of the com- which has prevailed in the Department for many years in reference mittee now, but I trust the question on the amendment of the gen- to the distribution of money for public surveys. Congress ha.s always tleman from Ohio will be postponed till the debate is through. I stated in what particular States and Territories the money shall be desire to speak t.o an amendment of my own. expended. . Mr. HOLMAN. I think the amendment offered by the gentleman Now a word in reference to the amount of the appropriation. The from Oregon [Mr. LANE] is proper. The Committee on Appropria- amount of the appropriation proposed by the bill is 200,000. If that tions make no objections to it. amount be distribut.ed equally, it will give 12,000 to each land dld- Mr. PAGE. I have an amendment pending. trict, a mere bagatelle, just about sufficient to put a survey party on The CHAIRMAN. It is in order first to take a vote on an amend- its feet. One year a~o the amount appropriated for this purpose was ment to perfect the paragraph which it is proposed to strike out. $800,000 and the estliDates of the Department this year amount, I The question is on the amendment of the gentleman from Ohio, [Mr. believe, to $820,000 for public surveys. Last year the appropriation WALLING.) was distributed in accordance with the recommendations made by The question wa.s taken, and there were-ayes 26, noes 41. the Department among the different States and Tenitories. So (further count not being demanded) the amendment was not Now, it is absolutely necessary that this should be done. Gentle- agreed to. men from the older States, gentlemen from Florida, gentlemen from Mr. PATTERSON. I understood that debate was to close in fi~ Louisiana, which contains thousands of acres of swamp land, can- minutes, and those five minutes were to be given to myself. not stand up, and I presume will not, and say that with millions and The CHAIRMAN. Such was the order of the House, that debate millions of acres in the Western States and Territories that are st.ill un- should close in five minutea. surveyed we shall have no more than the paltry sum of $12,000 for each Mr. PATTERSON. If that is so, I desire to occupy five minutes, land district for the purpose of prosecuting our surveys. The gen- but I do not desire to take the time of other gentlemen. tleman from Ohio well sa1d that in some of the Territories the surveys The CHAIRMAN. The Chair cannot control that. The gentleman heretofore have been on barren lands. This is not the fault of the from Colorado was recognized, and could have proceeded if he had settler. In my Territory, in the Territory of Wyoming, in the State desired to do so. of California, and in other Statea and Territories, in the bea.nt.iful Mr. BUCKNER. The chairman of the Committee on Appropria- valleys, the parks, the river bottoms, where the settlers desire t.o go, tions agrees to the amendment offered by the gentleman from Oregon. many thousand acres of land are yet unsurveyed, and they are obliged Mr. LANE. I want to say one word, and it is that, from my knowl- to pass them by, simply because they could not make entry of them edge of the chara.cter of the timber conn try on the Pacific slope, these or purchase them, for want of surveys. And when Congress says that surveys cannot be run for less than $14 per mile, and, in my opinion, they shall not be allowed to obtain a home in these Western States not less than 16 per mile; but, on conferring with the Committee and Territories because Congress refuses to appropriate the money to on Appropriations, I have consented to make my amendment $14 survey the lands and bring them into market, it seems to me it is n per mile instead of $16; but I doubted whether it would be accepted direct blow against the settler whoever he may be. by the committee at $14. Mr. HOLMAN. There are 160,000,000 acres of surveyed landB not Mr. REAGAN. I wish to offer an amendment to the amendment. yet sold. Mr. PATTERSON. I object. Mr. RANDALL. Let us have a vote. 41.04 CONGRESSIONAL RECORD- . HOUSE. JUNE 23, The question was then taken on the substitute offered by Mr. PATTER- Again, if there is any necessity for discontinuing or abolishing this SON for the amendment of Mr. LANE; n.nd upon n. division .there office, the Secretary of the Interior now has ample power, under sec- were-ayes 35, noes 63. / tion 2249 of the Revised Statutes, to discontinue it, because that sec- No further count being called for, the amendment was declared to tion authorizes him to discontinue this office or any similar office be rejected. whenever in his opinion the public convenience requires that it shall The question was next taken on the amendment of Mr. LA...'l\ffi ; and be discontinued. And, on the contrary, it empowers and authorizes on a division there were-ayes 41, noes 52. him to keep up and continue any of these offices when, in his opin- No further count being called for, the amendment was declared to ion, the public interest requires that they shall be continued. be rejected. I hope, then, that the members of this Committee of the ·whole The question then recurred on the amendment of Mr. PAGE, which will agree to my amendment, which does not impa-ir or affect this bill was to strike out the following : in any of it provision,s, but simply strikes out t.he two words I have in- The cost of such surveys shall not exceed $10 per mile for standard lines e1 for dicated and le~wes this particular land office in existence as it now is. township and $6 for section lines, except that the Commis11ioner of the General [Here the hammer fell.] Land Olli~e ma.y allow for the survey of standard lines in heavily timbered land a The CHAIRMAN. The time of the gentleman ha-s expired. sum not exceeding $12 per mile. Mr. HOLMAN. I trust that no discrimination will be made; that And insert in lieu thereof the following : these useless offices will be abolished, and the records turned over to For surveying the public lands in California, at rates not exceeding $15 per linear the States. mile for standard lines, $14 for township, :md $12 for section lines, and for heavily .Mr. CONGER. In view of the action of the gentleman from Indi- timbered mountain lands at augmented rates, not exceeding 18 per linear mile for standard, $16 fort.ownship, and $14 for section lines, $70,000. ana [Mr. HOLMAN] and other gentlemen upon the democratic side of The question was taken, and the amendment was not agreed to. this House, and their profe sions for long years here in favor of the l\1r. DUNNELL. I move to amend the pending paragraph by strik- settlers and of keeping the public landtJ of the United States devoted ing out the words " third, timber lands bearing timber of commercial solely for the benefit of the settlers, I desire to contrast those profes- value." sions with the policy now inaugurated of cuttin~ off surveys, discon- Mr. RANDALL. Let us have a vote. tinuing land offices, and len.ving unsurveyed the oetterportionsof the :Mr. DUNNELL. I ask unanimous consent to make a single state- country where settlers migh·t go and select homl3steads. Were it not ment. thatthe action of this House bearsso heavilynpon immigrantstothis Mr. RANDALL. I object. country and our own citizens removing from the East to the West in The amendment of Mr. DumTELL was not agreed to. search of homes; were it not that the natural effect of this measure Mr. MAGI~TNIS. I desire to move an amendment which will not is to shut out from homesteads for years to come many citizens now increnae t.he a.mount of appropriations a single dollar. desiring to go from portions of the Union where they can find no labor, Mr. R.ANDALL. I object to any debate. nnthing upon which to procure a living, and to seek a home in the Mr. MAGINNIS. I move to amend by inserting after "$200,000" far West where at least they can live, I should feel rejoiced at the these words: action of the democrats in tbis House, for if any party ever commit~ ted political hm·ikari, if ever any party took the most direct steps to- And this sum shall be equally distrib'lted between the different St..'\tes and Ter- ward suicide as a political org:mizn.tion, this is a measure of that kind; ritories. for in my judgment it will meet the condemnation of all people who The amendment was not agreed to. desire to settle in the West. I ask the gentlemen who have been loud- l\1r. PATTERSON. I desire to offer an amendment to which I think est heretofore in their professions of friendship for the landless and the Committee on Appropriations will have no o~iection. It is to in- the homeless to compare their professions with this simple bill. Sim- sert after the words "sixth, private land claims," these words: ple f Ay, simple to the utmost degree of simplicity. Seventh, mineral lands containing gold or silver veins or lodes, and claims usutilly Sir, I have desired to enter my protest against this cutting down called pla~ers. of the surveys, against th:is attempt to circumscribe within the nar- This simply permits such mineral lands to be surveyed. rowest possible limits the places where immigrants may go and find Mr. PAGE. Is that amendment open to debate! homes. Having said this much and having I think called up the The CHAIRMAN. It is not; by order of the House aU debate on record of the gentleman from Indiana and contrasted it with hi~:J pro- the pending paragraph ha-s been closed. fessions on every occasion heretofore, I leave the subject for his con- Mr. PAGE. Then I hope the amendment will be voted down. templation and that of the Honse. Mr. RANDALL. We will do that. Mr. HOLMAN. Mr. Chairman, truth is a very valuable commodity The amendment was not agreed to. in all the relations of life, and especially valuable where words are Mr. PATTERSON. I move to amend by inserting in the last part uttered in this Congress and go to the whole people of the c9untry. · of the paragraph, after t.he words "standll>rd lines in heavily timbered No man has proposed in this bill any measure or policy unfriendly to land," the words, " and mountain districts." the actual settler. Every provision in this bill is designed to protect The amendment was not agreed to. the rights of theactualsettler. One hundredandsixtymillionsof acres The Clerk resumed the reading of the bill, and read the following: of land have been surveyed and are still undisposed of ; an area six That the land offices at Chillicothe, Ohio; Indianapolis, Indiana i Springfield, llli- times as large as the great State in which I live. By these surveys nois; and the office of the recorder of land titles of the State of Missouri are hereby there has been opeued for speculators an opportunity of seizing the abolished; and the Secretary of the Interior is hereby authorized to transfer to the States respectively aforesaid such of the transcripts, documents, and records of valuable lands of this Government ; a movement in the interests of the offices aforesaid as may not be required for use of the United States, and as the cupidity and speculation at the expense of the actual settler. States respectively in which said offices are situated may desire to preserve; and A gent.l eman wl1o has aided in voting away 200,000,000 acres of the the office of the surveyor-general of Kansas is hereby abolished. most valuable lands of this Government to a body of corporat.i ons Mr. NEAL. I move to amend the pn.ragraph just read by striking cannot well undertake to lecture any member on this floor as to his out the words" Chillicothe, Ohio." No part of the district that I repre- duty toward the a-ctual settler. sent ha.s ever asked or received any favors at the hands of the Gen- My friend from Ohio [1\lr. NEAL] moves to strike out "Chillicothe." eral Government. All that we now ask is that we shall be permitted Gentlemen must, I presume, understand that the land offices at Chil· to retain this, the last remaining land office in the State of Ohio. licothe, Indianapolis, and Springfield cost from 2,500 to $3,000 a year; Mr. W. B. WILLIAMI:S. How did you get this land office! . that the public lands in those States are exhausted; that the records Mr. NEAL. We had it in the early history of our State, when we there are simply copies from those of the General Land Office, and had thousands and tens of thousands of acres of the public lands at that this bill proposes for convenience to turn over those records to the disposal of the General Government. Every other land office the State authorities and to save the salaries of register and receiver, within the limits of our St..'l:te has been abolished, until all have been office rent, and contingencies. consolidated, and t.his is the sole remaining land office in Ohio. The question being taken on the amendment of Mr. NEAL, it was Had it not been that points of order were not reserved ·upon this not agreed to; there being ayes 44, noes not counted. bill, I think I could demonstrate clearly and conclusively to the :Mr. CONGER. I move to amend by striking out the last word. Honse that this proviaion of the bill does not come within the rule Mr. Chairman, the remark of the gentleman from Indiana [Mr. HoL- providing for a change in existing law under the pretense of econ- MAN) makes it proper for me to say that in 1852, in 1854, and in 1856 omy or of reducing the expenditures of the Government. The sole almost the entire appropriations to which the gentleman bas referred cost of continuing and perpetuating this land office consists, I believe, as having been voted to corporations were voted by the democracy, of the little sum of 1,000 per annum, 500 of which is paid to there- in a democratic Congress, of which I believe the gentleman from In- ceiver, and 500 to the register of the land office. According to the diana was himself a member. last annual report of the Commissioner of the General Land Office, this Mr. HOLMAN. I was not a member then. office at Chillicothe was more than self-sustaining, the receipts of the Mr. CONGER. Perhaps not as long ago as that. The gentleman office during the year ending June 30, 1875, beiitg about $360 more refers to me as one who has aasisted in voting away these millions of than the outlay. acres. Sir, I never voted an acre of land for railroads, whatever may Besides, I have here a. commtmication from the Commissioner of the be my judgment about the propriety of it. But, sir, the gentleman General Land Office, in response to an inquiry submitted to him a in his sixteen years' service was a member of this House when a con- few weeks ago bythe chairman of the Committee on Appropriations, siderable portion of these lands was voted to raill'Oads. Does his rec- and a copy of which was furnished me on yesterday in response to a ord show that he ever opposed it until late years T similar inquiry, in which he states that it is not best for the public l\1r. HOLMAN. Yes, sir; from the beginning, from the first bill. interest to discontinue this office; on the contrary, he insists that the 1\Ir. CONGER. I will not venture to dispute the gentleman's sta~­ office ought to be continued. ment, for his conduct has been so uniform in opposing all measures 1876. CONGRESSIONAL RECORD-HOUSE. 4105 before- Congress that I venture to assume he is right in his asser- Mr. RANDALL. Question. tion. But, sir, those great appropriations to which be bas referred Mr. PAGE. Not yet; do not be in a hnrry. were made by a democratic Congress; yes, and his idol, Stephen A. Now, Mr. Chairman, the I'eduction of the surveyor-general's salary Dous are situated may desire to preserve; and the office of the sur- ests. Before the prospector can o.btain a title to Iriining property he veyor-general of Kansas is hereby abolished from and after the 30th day of Sep- must see that his mine is surveyed, and under the express provisions tember next. of the statute law that survey must be connected with the public sur- The amendment was agreed to. veys of the country. The CHAIRMAN. If there be no objection, the various paragraphs We have just brought into market the most valuable mining prop- under the heading "surveyors-general and their clerks" will be read erty in the southwestern part of our Territory. There are no public through with the understanding that each one of the paragraphs will surveys within perhaps fifty miles of many of the most valuable mines be open to amendment. · in that section of country. Under the law the miner is compelled to There was no objection. pay out of his own pocket for the survey of his mines, and under the Mt·. PAGE. I move, in line 10301 to strike out " $2,500'' and insert provisions of this bill he will be compelled not only to procure the " ~,700," which is a reduction of 10 per cent., the amount of reduct.ion lines of his mine to be rnn, but will also be compelled to have the applied t.o all others; and to strike out" $8,000" for clerks and to insert lines run by a surveyor from ten to forty or fifty miles, that he may " $10,000;" so the paragraph will read: connect his mine with the public surveys. It will cost him instead For surveyor-general of Caliiornia, ~2,700; anll for the clerks in his office, ~20,000. of $25 or $30, as it ought to cost, perhaps $1,000, $1,500, or $2,000. In I 4106 CONGRESSIONAL RECORD-HOUSE. JuNE 23, other words, as the law stands it is an absolute prohibition upon the salary of the surveyor-general of Minnesota shall be put on a par mine-owner from obtaining a patent or title to his mine or any inter- with the salaries of the surveyors-general of the other States and est in it whatever. TelTitories. This bill gives to the surveyor-general of Minnesota Now, all this amendment asks is, that under the directions of the $1,800 a year, and it gives to the surveyor-general of Idaho 2,500, Commis ioner of the General Land Office, if he should deem it fitting and to that of Nevada 2,500. Now, experience will show that the and proper, some of the money appropriated for the public surveys surveyor-general of Minnesota during the next year must have more may be used for the purpo e of running standard lines to the neigh- work to do than either of these other officers. I think, therefore, that borhood of the mining region of the Territory. Is that asking too my amendment should be adopted. much Y I do not know whether the Committee on Appropriation!'! Mr. JACOBS. Allow me to say that the gentleman from Minnesota will agree to that. The member of the committee from Indi:tnn. [Mr. is incorrect in his statement in regard to Washington Territory. In HOLMAN] said the truth was valuable. I desire to speak some words Washington Territory the surveys have never extended into the tim- of truth in order that it may go upon the record, not expecting that ber lands at all. Thereareabouttwelveorthirteen thousand people liv- the committee will agree to any change whatever or to any moro ing in Eastern Washington, and t.bose people are compelled totrespa s tender policy toward the Territories than they have practiced here- on the timber lands in that section of the country in order to live. tofore. There are eigbt members of the Committee on Appropria- The surveys have never been extended into the timber lands in that tions in whose States t.here were public buildings for which estimates section of the country. Two or three years ago an enterpri ·e was were made. In those eight States represented upon the committee the started to build a railroad from the city of Walla Walla to the Co- estimates for public lmililings were $2,160,000. They allowed to those lumbia River, a distance of thirty-three miles. An application was eight States represented on the committee $1,141,000, or a little over made to the Government of the United States to allow the company · one-half of the estimates. to go upon the public lands to get timber for the purpose of build- The estimates for public buildings in the States not represented ing that railroad. That request was denied nml the timber could upon the committee were 4,fi02,000. The committee allowed to those not, be taken without costing 26 in gold coin a ton to convey it from St.ates uecanse they were not represented on the committee $1,218,000, th~ city of Walla Walla to the Columbia River. What was the con- or about one-fourth of the estimates of the Department. sequence! The proprietors of that railroad went into the mountains Now that may ue justice; there may not have been, and I know and cut the timber on the public lands and rafted it down to the Co- there was not, a caucus of the democra.t.ic members of the House in lumbia River. As soon as that timber wa.s in the Colnmbia River the reference to these appropriations, but it looks as if there might have agents of the Government seized it and delayed the completion of that been a caucus of the members of the committee in reference to them. railroad for two years, while the people of that section of the coun- Mr. ATKINS. That is untrue. try were paying for the transportation of their grain and other agri- Mr. PATTERSON. Here are the facts and the figures. cultural products $12 in gold per ton in order to have it carried a Mr. ATKINS. I say it is false. distance of thirty-three miles to the Colnmbia River. Yet this Con- [Here the hammer fell.] gress refuses to make an appropriat.ion for the pmpose of extending Mr. WHITE. I desire to know whether it is in order that one mem- the surveys into the timbered lands of Washington Territory, and the ber shall say to another that his remarks are untrue f I a.sk that the agents of tho Government are prosecuting the citizens of that Terri- words be taken down. • tory for trespassing upon those timber lam1s when it is impossible for Th{l CHAIRMAN. The Chair will state to the gentleman from Ken- them to exist in that section without so tre passing. tucky that that cannot be done in Committee of the Whole. · The amendment of Mr. DUNNELL was not agreed to. Mr. WHITE. I move that the committee rise for the purpose of Mr. CANNON, of Utah. I desire to Qffer an amendment. having the words taken down. Mr. RANDALL. I desire to make a motion to this effect, to strike The question was taken, and the committee refused to rise. out in all these paragraphs the words relating to the offices of sur- .Mr. HOLMAN. I now ask that all debate upon the pending para- veyors-general and the salaries respectively attached thereto, and to graph be closed. insert a provision to the efl'ect that their duties shall be performed There was no objection; and it was so ordered. hereafter by the Secretary of the Interior through surveyors sent out The question was taken on Mr. PATTERSON's amendment; and on a by him to make such surveys in the several States and Territories as division there were ayes 28, noes not counted. may be deemed necessary. So the amendment was not agreed to. Mr. KASSON. Does the gentleman offer that as an amendment f l\!r. DUNNELL. I offer the followin~ amendment: In line 1009, Mr. RANDALL. I do. I move to strike out the words " $1,800 ' and to insert in lieu thereof Mr. KASSON. Then I make the point of order upon it. the words "$2,500 ; " so that it will read : Mr. RANDALL. It is in the line of retrenchment. For surveyor-general of Minnooota., $2,500; and for the clerks in his office, $3,000. Mr. KASSON. Howf Mr. RANDALL. It abolishes various offices. I believe there are There are many things in this appropriation bill referring to the pub- no duties which the surveyors-general perform in the States and Ter- lic lands which meet my approval. I believe that we have appropri- ritories that cannot be performed under the direction of the Secre- ated a much larger sum of money in years past for the survey of the tary of the Interior at the central Land Office in this city. public lands than was needed, and I have said to members of the Mr. KASSON. But you propose by your amendment to send out Committee on Appropriations that I believed there could be retrench- other officers. I think the gentleman bad better not make this change. ment and a saving of money in this direction at the present time, and In view of the great many changes of existing law contained in this while I represent a western land State, I am very free to say that we bill, I would suggest that it is not worth while to attempt to mak~ may appropriate no more th..1.n is in this bill with a very good rea.son such a change as this. for the present year. Mr. HOLMAN. The question presented by this amendment is I do not believe that a single State or a single Territory will suffer exactly the same as that which was presented in the proposition to practically by this reduction. I am free to say that we have agricult- transfer the Indian Bureau from the Interior Department to the War ural surveyed lands in all the Territories and all the States at the Department. It is impossible to tell what system must be by legis- present time more than will bo taken up during the year to come, lation substituted in place of the old one, and you cannot tE-ll with and I had desired to offer an amendment striking out that subdi- any certainty which system would be the most expensive. The case vision of the lands which might be surveyed as pertains to the tim- pre ented is exactly the same ; and therefore I hold that the Chair ber lands. I desired to say at that time that for the last three or four would have to rule, as was ruled then, that this amendment is not .in years a most terrible plunder of the timber lands of the country has order. . been going on and the money which we appropriated last year and · I do not think that this attempt should be made, after this subject which ought to have been expended almost wholly in the survey of ha.s been studied during this whole se sion, although most of tbe agricultural and mineral lands was almost entirely used in the sur- gentlemen who have examined it think that these surveyors-general vey of timber lands. can be dispensed with. The trouble is in adopting a system to take These timber lands were covered over by land-warrants and agricult- the place of the present one which will be more economical and as ural-college scrip, so that it sent out of our possession a vast area of efficient. That has not been secured after all this time of considera- the timber lands of the country. I was told by a gentleman the other tion. day, from the Territory of Washington, that two men in California I therefore submit that the proposition to transfer these duties from owned 175,000 acres of timber lands in the Territories on the Pacific the local offices to the Interior Department of this Government may con.st. They got those lands by scrip. The Government never got a or may not entail expenses as great as those now incurred. dollar for those lands. Mr. RANDALL. As the gentleman from Indiana, [Mr. HOUIAN,] Now, there is a bill pending before the Committee on Public Lands on the point of order has spoken to the merits of the proposition, I upon this subject, and the committ.ee have agreed to report some bill merely want to say in reply what induced me to offer this amendment. to protect our remaining timber lands and make them a. source of Since this bill bas been printed I have lea.rned that the Committee revenue to the Government. The fact is, as the gent.lem:m from Cali- on Appropriat.ions, or a majority of the members of that committee, fornia will admit, that a very small fraction of the money that has favor the vaeation or abolition of these offices of surveyors-general. come into the Treasury from CaJ.ifomia ha.s come in from timber I have learned in addition, after conference with various gentlemen · lands; ancl representing as I do a. western State, I am willing that whose business and position would enable them to know exactly this bill shall go tbrougb. I think that no State and no Territory whether these officers.are nec(>.S ary or not, that they are of opinion: will lose by it. almost without any di sent, that there is no oct'asion for these offices. One word more in relation to my amendment, which I had for- Nor is there any occa.sion whatever for the clerks in these offices. gotten, nnd gentlemen will excuse me. My amendment is that the All the duties which are performed by the surveyors-general can be 1876. CONGRESSIONAL RECORD-HOUSE. 4107 performed by the central office here in the Interior Department; and amendment itself that it will retrench expenditures, for the Secretary officers can be sent out as occasion requires within the limit which of the Interior may -expend under the arrangement proposed as much we provide here, that is of $200 of expenditure. or more money than is now appropriated. Mr. KASSON. Where did the gentleman get that information f Mr. HOLMAN. I hope that debate will close on this proposition. Mr. RANDALL. From various members of Congress. The CHAIRMAN. The Chair desires to say that it is not clear, Mr. PAGE. It was not the result of any caucus! under the modified rule now existing, whether this amendment is Mr. KASSON. I desire to say one word in reply to the gentleman liable to the point of order or not. The rule does not stop with the from Pennsylvania, if he is through. requirement that the amendment shall appear to retrench. The rule .Mr. RANDALL. One word on the point of order. This amend- reads: ment abolishes various offices which are now kept up at great ex- Nor shall any provision in any such bill or amendment thereto chan gin~ existinf." pense, and the sa1ary attached to each office. I propose in my amend- law be in order, except such as, being germane 1o the subject-matter ot the bil, mentfi.rst to abolish the office and then strike out the salaries attached shall retrench expenditures. respectively thereto in this bill. And upon the face of my amend- In the jndgment of the Chair the probabilities are that the amend- ment it is a retrenchment, which brings it within the prescribed letter ment offered by the gentleman from Pennsylvania would have the ef- and spirit of the rule. fect of retrenchment in the abolition of fixed and determined salaries, .Mr. KASSON. I should not have spoken on the merits of the prop- and the substitution of such temporary employment as in the judg- osition in tliscussing the point of order, except for what gentlemen on ment of the Secretary of the Interior might be found necessary. But the other side have said, and which renders it proper that I should say in view of the doubt resting upon the question of order and in defer- a word or two in the same direction. I beg the attention of the gentle- ence to the ruling of the permanent Speaker of this House upon a man from Pennsylva.n ia [Mr. RANDALL] to this point; he is not per- proposition that wa-s certainly, to say the least, as little liable to the sonally famiUar as we western men are with the conduct of business point of order now raised a-s the one under consideration, the Chair in the pn blic land office. feels impelled to sustain the point of order made by the gentleman Mr. RANDALL. I do not pretend to speak except upon full con- from Iowa. ference with those familiar with the subject. Mr. SPRINGER. With the permission of the gentleman from Penn- Mr. KASSON. I regret the gentleman has quoted the opinions of sylvania, I now move to strike out from line 99d down to and includ- individual members of the Committee on Public Lan&, which opin- ing line 1085, being all the clauses in relation to surveyors-general, ions have never had official expression in this House during this long their clerks, &c. session. I venture t.o say the gentleman will find few western men 1\Ir. HOLMAN. I trust my friend from Illinois [Mr. SPRINGER] who will accept this proposition as su.fe for the public interests; and will not propose so radical a measure at so late an hour as this. for the plain reason that for years, I might almost say from the Mr. CONGER. I submit that this is liable to the same point of or- foundation of the Government, certainly from the foundation of the der, no matter in what form the legislation may be proposed. present system of surveying the public lands, -all our land laws have Mr. SPRINGER. I insist on my 'amendment. • been interwoven with the system of local surveyor-generals' offices. 1\ir. CONGER. I make the point of order on that amendment. The laws require numerous papers to be filed, numerous certificates to .Mr. KASSON. Let the amendment be reduced to writing so we be made thsre, and an attempt to change the law by a simple pro- may know precisely what it is, and that the point of order may be vision of this sort abolishing the offices, without going through the clearly made. Revised Statutes and modifying the duties imposed upon other per- 1\Ir. HOLMAN. I do trust the gentleman from Illinois will not in- sons, which duties are interwoven with the existence of these sur- sist on that amendment. veyors-generals' offices, must· produce inextricable confusion in the The CHAIRMAN. ~he gentleman from Illinois will reduce his administration of your land laws. amendment to writing. I say this much upon the merits of the proposition, because the gen- 1\ir. CONGER. I make the point of order that an amendment, tleman from Pennsylvania has raised that questiont and not because whether by striking out or inserting, by adding or diminishing, which I suppose it in order to discuss the merits. But wnat I have said I changes existing law is equally liable to the point of order. The know as a western man with experience in western lands; and all Chair has already ruled that a direct change by striking out and in~ gentlemen about me know it also. If this proposition be adopted, serting is liable to the point of order. Now here is a proposition by we introduce a confusion of duties which are now syRtematized in striking out a. portion of this bill to change existing law, and I claim connection with these offices; confusion which we cu.nuot afterward it is equally lia.ble to tho point of order, that you cannot reach by correct except by a great deal of troublesome legislation. evll!)ion, by subterfuge, a change of law which you cannot reach di- As to the point of order, it does not appear that the sending out of rectly. special officers by the Secretary of the Interior will not be equally ex- The CHAIRMAN. The Chair is prepared to rule on the point of pensive with the present system, or more expensive. order, and he doubts not the gentleman from Michi~an will see the Mr. McDILL. I want to sav one word in reference to a remark made dilference when his attention is called to the rule. Tue Chair cannot by the chairman of the Cominittee on Appropriations. If I under- sustain the point of order rai ed by the gentleman from Michigan. stood him aright, he said that the Committee on Public Lauds had Mr. MAGINNIS. I rise to a point of order on that amendment. had under consideration-- The CHAIRMAN. Two points of order cannot be pending at the Mr. RANDALL. I said I had conferred with members of the Com- same time. The Chair will first rnle on the point of order presented mittee on Public Lands; and believed that they favored this proposi- by the gentleman from Michigan. The rule does not say no amend- tion. ment shall be in order which changes existing law; :t>ut the rule says: .Mr. LANE. As oue member of that committee, I believe that the majority of the committee do favor it. No provision in such-appropriation bill nor amendment thereto changing- existing lll.w, shall be in order except such as, being germane to the subject-matter of the bill, Mr. McDILL. What may be the individual views of the members shall retreJlCh expenditures. of the Committee on Public Lands I do not know. There may be a majority in favor of this measure. The amemlment offered by the gentleman from Dlinois is certainly Mr. RANDALL. That is all I undertook to say. germane to the subject-matter of the bill. It certainly does retrench :Mr. McDILL. That is all I wanted to bring out. I wish to say, expenditures, though it is liable to the criticism of changing existing however, for myself that I think there has never been any formal law. Tbe Chair overrnles the point of order raised, and rules the action in the committee upon this matter. I believe there has been amendment in order. an informal discussion ; but I felt, for one, that it was too grave a 1\fr. MAGINNIS. I rise to the point of order that this proposes to matter to propose to abolish the office of surveyor-general without a go back and includes paragraphs which have been already passed. great deal more investigation than I had any opportunity of making. The CHAIRMAN. The understanding was by unanimoll8 consent I simply wanted to know whether there had been any action in the that there should be no prejudice to amendments by the Clerk read- Committee on Public Lands on this subject, and I am glad to know ing continuously to the close under the heading of "surveyors-gen- from the chairman of the Committee on Appropriations that there eral and their clerk~:~." ha.s been none. .Mr. SPRINGER. I hope I may be allowed to say one word on that Mr. WALLING. That statement is correct. There was informal amendment. [Cries of "Vote I" "Vote!"] talk in the committee, but no action. 'fhe amendment was rejected. Mr. RANDALL. It seems there was a little more action in the 1\Ir. CANNON, of ptah. I move, in line 1071, to strike out $3,000 Committee on Public Lands than I represented. There has been an and insert $3,600; so it will read: informal discussion, which I did not allege. For surveyor-general for the Territory of Utah, $2,500, and for the clerks in his Mr. McDILL. An informal discussion, but no vote and no resolu- office, $3,600. tion. The effect of that amendment will be to equalize their pay with Mr. SPRINGER. A word on this point of order. I think that the the other Territories. The amendment ha.s been submitted to the object of this amendment may be accompliqhed without establishing committee, and they are not opposed to it. a dangerous precedent on the point of order, by striking out all of The amendment was agreed to. the bill from line 998 to 1085, embracing the various clauses in rela- Mr. STEELE. I move to add the following : tion to surveyors-general, their clerks, and the expense of their offi- That thA Rums of money appropriated by this bill for surveys of public lands shall ces. When these c1auses have been struck out, then a proposition be distributed equally between the different western States and Territories for would be in order to make some other provision for this object. But, the surveying of the public Ian~ in which estimates have been submitted to.Con· as the proposition now stands, it seems to me the point of order is well gress. taken, because it does not affirmatively appear upon the face of the I should like to say a single ward in reference to this amendment. 4108 CONGRESSIONAL RECORD-HOUSE. JUNE 23, Mr. HAMILTON, of New Jersey. I rai e the point of order to that The pro fomta amendment was withdrawn. amendment as already having been once voted down. The question being taken on Mr. STEELE's amendment, there were- Mr. STEELE. No; it is a different amendment, in different lan- ayes 54, noes 69. guage. I will say, for the information of the Chair, that I placed it So (further count not being demanded) the amendment wa..s not in different language to avoid the point of order. agreed to. Now, l\f.r. Chairman, I wish to say this, that this will not increase Mr. PATTERSON. I offer the following amendment: the amount of exptnditures at all. It is very evident to every gen- Add to the paragraph these words : . tleman here that the 200,000 which by this bill are to be expended .And the s:ud money appropriated for surveys may also be used to sw'Vey lands in surveys of the public lands cannot succeed in surveying any large containing gold and silver veins, and lodes and placer claims. qnantity of lands. The only surveys which can be made with snch Mr. HOLMAN. The law provides that now. a.n a.rnount of money in the fifteen or sixteen States and Territories Mr. P ATTEUSON. I desire to sn.y that the gentleman from Indiana needing surveys will be the small amount of land occupie.d by act- is mistaken about that being the la.w. The difticul ty is that the money ual settlers who demand surveys, in order that they may be able to that is appropriatell in this bill is required specifically to be appro- separate and segregate their claims. I appeal to the House to pro- priated for six different purposes, auu is not permitted to be useu for vide some way in which these settlers, who have no influence in these the purpose of surveying gold· or silver mining lands, not one dollar Departments, may be enabled to have the necessary surveys made. I of it. And consequently no matter what I may have said to hurt the want to know what hopo I will have, representing a Territory, to get feelings of any member of the committee-- an acre of land surveyed in my Territory, if I ha.vo to go to the Gen- .Mr. FORT. 0, it does not hurt them. eml Laud Office and fight fourteen Senators and Representatives be- Mr. PATTERSON. My people and the people of the other mining hind them for a division of this appropriation and the share of this States and Territories should not suffer on that account. money which ought to go to the credit of Wyoming to make necessary I say now that by the language used in the bill not one dollar of surveys. I do not want any more than tho fJir share of this appro- this money that is appropriated can be use opinion of the Chair the ''noes" had it. There were surveyed in 1875 in New Mexico 723,906 acres, and there Mr. PATTERSON. I have done the best I could. I do not ask a were two hundred and six acres sold. further count. · :Mr. STEELE. If the gentleman will allow me-- Mr. RANDALL. I ask that debate on this paragraph close. Many MEMBERS. ''Vote!" "Vote!" There was no objection. The CHAIRi\1AN. Debateon thependingamendmentisexhausted. The Clerk resumed the reading of the bill, and read the last section, Mr. STEELE. I move to strike out the last word in order to say as follows: a wortl in answer to the gentleman from Pennt:~ylvania. It is that in EXPENSES OF THE COLLECTION OF REVE~lTE FROM S.lLES OF PUBLIC J,ANDS. the Territory of New Mexico all the old settlements are situated npon For salaries and commissions of registers of land offices and receivers of publio Mexican land grants, the title to which does not come from the United monoy, at ninety four land offices, $365,483.21. States. For incidental expenses of the land offices, 40,175. Mr. RANDALL. Then you certainly justify us in cutting off this For expenses of depositing money rece1 ved from the sale of public lands, $l3,000. appropria.tion. To meet expenses of suppressing depredations upon timber on the public lands, Mr. STEELE. No, sir; I do not justify the Committee on Appro- $5,000. priations in denying to actual sett.lers upon the public lauds the right Mr. PAGE. I move to strike out the last two lines, namely: that the policy of the Government and the public land laws guaran- To meet expenses of suppressing depredations upon timber on the public lands, tee to them, the right to have their homesteads surveyed, in order ss,ooo. that they may be secure in their homes and improvements. There is no law for the sale of these timber lands, and·I think it Mr. RANDALL. As I have stated, last year there were over seven unjust to make appropriations for this purpose. hund.red thousand acres surveyed in New Mexico, and there were only .Mr. RUSK. This is to protect them. two b undred acres sold. Mr. PAGE. Yes; it is to bring men before United States courts l'rlr. MAGINNIS. I rise to oppose the amenument. and to convict them for cutting upon land which the Government re- Mr. HAMILTON, of New Jersey. I object. Debate on the amend- fuses to sell, or makes no provision for selling. . ment has been exhausted. Mr. DE BOLT. .Mr. Chairman, I bad occasion to refer to this mat- The CHAIRMAN. The gentleman from Montana rises to oppose ter when the naval appropriation bill was under consideration. The the p1·o jonna amendment offered by the gentleman from Wyoming. evidence taken before one of the committees of this House shows Mr. MAGINNIS. I rise to say a word m favor of the committee. clearly that the amounts of money heretofore appropriated to pre- Certainly the Committee on Appropriations bas not been and cannot vent depredations on the Government timber lands have been used be charged \lith being guided by any political considerations in pre- alone for political purposes, the encouragement of idleness, and the paring their bills, for the blows they have struck in these appropria- corruption of elections. . . tion bills have as often been directed at their own political friends The evidence further shows that none of the agents appomted t.o as at their opponents. As my friend from Wyoming has stated, the guard the timber live within fifty miles of it, and some as far a;s .one Congress heretofore bas divided the amount appropriated for surveys hundred and fifty miles distant; that none of them have everv1s1ted between tbe uifferent States n.nd Territories, and we wish the same said lands, nor even know where they are situated ; that not one of course may be followed. We do not ask the committee again to add them has ever performed a?y service under ~heir appo~ntmen~ except a single dollar to the amount they propo~:~e to appropriate by the bill. draw their pay. Thev are mformed at the t1me of therr appomtment But we do ask the friends of the Territories to g1ve us some protec- that they will have nothing to do. Sir, if it is necessary to guard the tion against the intluonce of powerful State delegations, and I want Government timber, it ought to be done under ~iffe~nt regulatio~ to know what chance four or five Delega,tes will have when they go than exjst at present in order to prevent the application of the public to the Commissioner of the General Land Office, recently appointed moneys to such purposes. Let us stop these leaks and apply jibe money through political influence, and have to contend against fourteen re- properly. publican Senators, who will want this money expended where it will The question was taken on :Mr. PAGE's amendment, and it wa..s do most good for themselves Y agreed to. Now, whether we are to have little or mucnfor our surveys, I pre- Mr. A. S. WILLIAMS. I offer the following amendment to come fer that the amount shall be sett.led right here, so that we will know in after line 1097, "for surveying, appraising, advartising, and other what is coming to each of us. I have no fear for my Territory if it expenses preliminary to the sale of the United States arsenal prop- ?an stand on its merits, but I had rather not be compelled to struggle erty at Dearbonville, .Michigan, under the act of March 3, 1875, m the Departmunts for our portion. Let us have a division of the $1 000." - appropriation right here: i believe that the Committee on Appropriations will assent to tha.t .Mr. HOLMAN. Until recently all the appropriations were made in amendment. [Cries of " Vote!" "Vote I"] gross, as provided in this bill, so that they might be expended where Mr. RANDALL. Do not make a speech upon it. the true interests of the country require. The question was taken on the amendment, and it was agreed to. 1876. CONGRESSIONAL RECORD-HOUSE. 4109 Mr. HOLMAN. I offer the following amendment to come in as an agree in the House to all that was agreed to in Committee of the auditional section: Whole. From :~.nd after the 1st of July, 1876, the sala,ry and compensation of a.U officers Mr. KASSON. I know that; but as a matter of form I must make :mtl employes provided for in this act s.ha.ll bo the same, respectively fixed for said the motion before the previous question is seconded. officers and employes herein, and no more, and ::tll :wts or parts of acts in conflict :Mr. RANDALL. The gentleman is right. with the provisions of this act are hereby repe..'tled. :Mr. KASSON. Then I move to strike out the following proviso on The amendlllent was agreed to. page 15 of the bill : Mr.-HURLBUT. I offer an amendment in relation to Ellis Island. Provided That all of the provisions of title 26 of the Revised Statutes of the There was an amendment adopted by the committee, which is defec- United St~tes in relation to the registration of voters and the appointment of SD· tive in form, and I desire that it be amended. I send it to the Clerk's pervisors of elections, and deputy and special deputy marshals, and touching the supervision of elections, are hereby repaaled. desk. The Clerk read ·as follows : The SPEAKER pro ternpore. That amendment will be regarded as At the end of the amendment in reference to Norfolk, after line 499, strike out pending. all after the words "Navy Department," and substitute the following: Mr. PAGE. I now insist upon my motion to adjourn. And the Soor·etary of the Navy, in case the public service may warrant it-, may, The motion to adjourn was not agreecl to. and be is hereby authorized to, remove the magazine on Ellis Island, nnd in case of such removal is authorized to sell or remove all the public property on said h;land. The previous question was then seconded and the main question ordered upon the bill and amendments as reported from the Com- Mr. RANDALL. That is right. mittee of the Whole. The ame-ndment was agreed to. :Mr. RANDALL. I now ask that the amendments be read, and those Mr. HAMILTON, of New Jersey. I desire to offer an amendment upon which no separate vote is asked shall be considered as adopted. in line 476 to correct a typographical error. The word "remodelling" Mr. THORNBURGH, (at. eleven o'clock and forty minutes p.m.) is inserted instead of "removing," and I move to strike out the word I move that the House now adjourn. "remodelling" and insert ''removing." The motion was not agreed to. The amendment was a.greed to. Mr. RANDALL. I nnderstnnd the gentlemen mi the other sido 1.1r. SPARKS. In line 969 I desire to offer an amendment, as fol- are prepared to indicate the amendments upon which they desire to lows: have separate votes. Insert after the word "lines " the following: Mr. CONGER. There are three amendments in regard to which I And the starting point for said surveys may be est:J.blished by triangulation. gave notice that I should a k separate votes. . / Something very Rimi1ar to this amendment has been introduced by The SPEAKER pro tempO're. The Clerk will report the amend- the gentleman from Ohio, [:Mr. WALLING.] The committee will per- ments in their order. ceive in a moment that the surveys in the Territories where perhaps Mr. RANDALL. I understand from the Clerk that he has a mem- there is only one acre out of ten thousand that is cultivable or arable orandum of the several amendments in their or(ler in regard to which lands or sulJject to cultivation by irrigation, that it will be very ex· notice was given in Committee of the Whole that a separate vote pensive to get starting-points by establishing standard lines. But if would be asked in the House. If there is no objection, I would ask these starting-points may be est..'tblished by the scientific means of that all the other amendments be considered as agreed to. triaugulation, the fruitful valleys may be easily got at and the snr- Mr. HURLBUT. I cannot consent to that. There is one amend- veys of such lands as the settlers desire for cultivation and the estab- ment made by the Committee of the Whole at the bottom of page 15 . lisllment of homes may be made readily and inexpensively. I do not upon which under the rules of the House we have a right to ask a propose to detain the committee further, but hope that the amendment separate vote. The amendment was offered in Committee of the may be adopted. Whole by the gentleman from Georgia, [Mr. Cil"DL~R.] Mr. PATTERSON. I make the point of order that that amendment Mr. RANDALL. That amendment was voted down in Committee is uot in order, as it relates to a clause of the bill which has been of the Whole. passed, and it is not in order to go back. Mr. CONGER. I have it here marked as having been adopted. l\ir. KASSON. I ask that the amendment be a.gain reported. If The SPEAKER pro ternp&re. The Clerk informs the Ohair that there the amendment is right, I hope there will be no objection to it. is no record of such an amendment having been adopted in Commit- The amendment was again read. tee of the Whole. l Ml'. KASSO.l\. It is simply a permission, and I think it is right. Mr. HOOKER. I insist that the amendments be read in order under' l\ir. PATTERSON. I object to the amendment. the rule, and a separate vote if desired can be taken upon any one as The CHAIRMAN. Under the rule the amendment is not in order, it is read. being objected to on account of its referring to a paragraph which The Clerk proceded to read the amendments reported from the Com- has already been passed in the bill, and, under the rule, the Chair mitt-ee of the Whole; which, without a division were adopted by the holds that it is not in order. Honse, except as follows: Mr. RANDALL. I move that the committee rise and report the The amendment moved by 1\ir. KASSON, upon which he asked for a bill with the amendments to the House, with the recommendation separate vote, was to strike out of the bill the following: that it do pass. Provided, That all of the provisions of title 26 of the Revised Statutes of the The motion was agreed to. United States in relation to the registration of voters and the appointment of sn· The committee accordingly rose; and .Mr. JONES, of Kentucky, 'll-Qv- pervisors of elections, and deputy and special deputy marshals, and touching the su· ing taken the Chair as Speaker pro tempore, Mr. BLACKBURN reported pervision of elections, are hereby repealed. that the Committee of the Whole on the state of the Union, pursuant Mr. KASSON. Upon agreeing to that amendment I call for the to the order of the Honse, had had under consideration the bill (H. yea.a and nays. R. No. 3749) making appropriations for sundry civil expenses of the Mr. RANDALL. Very well; let us have the yeas and nays. Government for the fiscal year ending June 30, 1877, and for other The yeas and nays were ordered. purposes, and had directed him to report the same to the House with The question was then taken; and there were-yeas 57, nays 93, not sundry amendments, and with a recommendation that it do pass. voting 140 ; as follows: .Mr. RANDALL. I demand the previons question on the bill and YEAS-Messrs. Adams, John H. Baker, Ballou, Banks, Blair, William R. Brown, amendments. Cannon, Caswell, Conger, Crounse, Davy, Denison, Dobbins, Dunnell, Eames, Fort, Mr. PAGE. Pending that motion I move that the House do now Foster, Frost, Goodiri, Hendee, HendP.rson, Hunter, Hurlbut, Hyman, Kasson, adjourn. Kehr, Kimb:~.ll, Leavenworth, Lynch, McCrary, McDill, Miller, Norton, Oliver, 1\ir. KASSON. Pending the demand for the previous question I Seelye, O'Neill, Packer, Page, Pierce, Plaismd, Potter, Rainey, Robinson, RnHk, Sampson, Smalls, Strait, Thornburgh, Washington Townsend, Tufts, White, Whit;. desire, accoruing to agreement, to enter a motion to strike out the ing, Willard, Andrew Williams, William B. Wi.lliams, James Wilson. and Wood- proviso on page 15 of the bill, to which unanimous consent was given burn-57. • in the committee. NAYS-Messrs. Ainsworth, Anderson, Atkins, Banning Blackburn, Bland, Blount, Boone, Bradford, Bright, Buckner, Cabell, John H. Caldwell, William P. 1\ir. RANDALL. I do not intend, if the previous question be sus- Caldwell, Uandler, Caulfield, John B. Clarke of Kentucky, John B. Cla , jr., of tained, to vary from anything which was agreed upon in the com- Missouri, Cook, Uowan, Culberson, Cotler, Davis, De Bolt, Dibrell, Durham, Ellis, mittee, that a. vote should be taken in the House. Forney, Franklin, Fuller, G1>ode, Gunter, Andrew H. Hamilt{)n, Robert Hamilton, Mr. KASSON. But as a matter of form it is necessary that I should Hancock, Harrison, Hartridgo, H:J.rtzell, Goldsmith W. Hewitt. Holman, Hooker, enter my motion to strike out that proviso before the previous ques- Hopkins, House, Hunton, Jenks, Frank Jones, Thomas L. Jones, Lewis, Lord, Luttrell, Lynde, Maish, McFarland, Meade, Metcalfe, Milliken, Mills, Neal, PaynE\, tion be sustained. Jolm F. Philips, R..'tlldall, Rea, Reagan, John Reilly, Rice, Riddle, William M. Rob· Mr. CONGER. I gave notice in Committee of the Whole on the bins, s~va§"e, Sayler, Scales, Schleichet·, Schumaker, Sheakley, Sin~rleton, William state of the Union that on three amendments I should call for asep- E. Smith, parks, Spri.ngdr, Stevenson, Tarbox, Terry, Thomas, Thompson, Tbrock· morton, Tumey, Robert B. Vance, Charles C. B. Walker, Walling, Walsh, Emstus ara.te vote n.nd call the yeas and nays upon them. Wells, Wike, .A.lphens S. Willi'l.ms, Jeremiah N. Williams, and Wilshire-03. The CHAIRMAN. When those amendments are reached the gen- NOT VOTING-Messrs. Ashe, Bagby, George A. Bao-ley, John H. Bagley, jr., tleman will have that right. William H. B:~.ker, Ba~s. Beebe, Bell, Blaine, Bliss, Bradley, John Young Brown, 1\lr. RANDALL. I ask that the previous question be sustained, Chittenden, Horatio C. Burchard, Samuel D. Burchard, Burleigh, Campbell.J...Cason, Cate, Chapin, Clymer, Uochrane, Collins, Cox, Crapo, Danford, varrall, DongLta; Du- and then gentlemen can, as the amendments come up in their order, rand, Eden, Egbert, Ely, Evans, Faulkner, Felton, Finley, Freeman, l!'rye, Gar· ask for separat.e votes upon them. · field, Gause, Gibson, Glover, llile, Haralson, Hardenbergh, Benjamin W. Harris, Mr. KASSON. Before that is done I wi!!h simply to enter the mo- Henrv R. Harris, John T. Harris, H..t.tcher, Hathorn, Haymond, Hays, Henkle, tion to strike ont the proviso on pnge 15, for which consent was given Kelley, Hereford, Abram S. Hewitt, Hill, Hoar, Ho_ge, Hoskins, Hubbel~ Hurd, Joyce, Ketcham, King, Knott, Lamar, Franklin Landers, George M. Landers, L:me, in Committee of the ·whole. Lapham, Law.t·ence, Le Moyne, Levy, Edmund W. M. Mackey, L. A. M!lckey, Ma. Mr. RANDALL. The gentleman need not do that; of course I will goon, MacDongal1, McMahon, Money, Monroe, Morgan, Morrison, Mutchler, Nash, 4110 CONGRESSIONAL RECORD-HOUSE. JuNE 23, New. O'Brien, Odell, PaTSOns, Phelps, William A. Phillips, Pjper, Platt. Popple- Mr. SP.ARKS. I ask unanimous consent to amend the provision in ton, Powell, Pratt, Purman, James B. Reilly, John Robbins, Roberts, Miles Ross, regard to surveys of the public lands by inserting in line 969, after Sobieski Ross Sinnickson, Slemons, A.. H err Smjth, Southard, Spencer, Srenger, Stone Stowell, Swann, Teese, Martin I. Townsend, Tucker, Van Vorhes, John L. the words '' the cost of such surveys shall not exceed 10 per mile for Vance, Waddell, Wait, Waldron, Gilbert C. Walker, Alexander S. Wallace, John standard lines," the following: W. Wallace, Ward, Warren, G. Wiley W ells, Wheeler, Whitehouse, Wb_it!'horne, And the starting-point for said surveys may be established by triangulation. Wi:rginton, Charles G. Williams, James Williams, James D. Williams, Willis, Ben· jamin Wilson, Alan Wood, jr., Fernando Wood, Woodwo-rth, Yeates, and Young- '!'here being no objectJon, the amendment was agreed t.o. 140. The following amendment, upon which a separate vote was asked · So the amendment was not agreed to. by Mr. REAGA..J.."'i and Mr. HOLMAN, wn,s read: During the call of the roll the following announcements were made: Add to the provision in re8ard to payment of interest on 3.65 bonds of the Dis- Mr. DAVIS. I desire to state that my colleague, Mr. YF..A.TES, is con- trict of Columbia the followmg; fined to hls room to-day by sickness; if here be would vote "no." And in case there shall not be a sufficient sum of said revenues in the Treasury Mr. BOONE. My colleague, Mr. BROWN, of Kentucky, is absent by of of the United States at Ruch time as said interest may be (lue, then the Secretary the Treasury is authorized and direct-ed to ad vance from any money in the Treas· leave of the House on account of sickness. ury not otherwise appropriated a sum sufficient to pay said interest, and the same Mr. VANCE, of Ohio. I am paired upon all political matters, and shall be re-imbursed to the Treasury of the United States from time to time as said this appears to be one, with my colleague, Mr. V A..J..~ VORHES, who is revenues may be paid into said Treasury until the whole amount shall have been absent by leave of the House. If present Mr. VAN VoRHES would refunded. vote "ay," and I would vote ''no." I desire also to state that my Mr. REAGAN. I ask for the yeas and nays on this amendment. colleague, Mr. HURD, is absent by leave of the House, and if present The question being taken on ordering the yeas and nays, there would vote " no." were ayes 11, noes not counted. Mr. CLARKE, of Kentucky. Mycolleague,:Mr. PARSONS, is n,bsont The SPEAKER pro tempore. In the opinion of tho Chair a sufficient on account of sickness in his famHy. number has not voted for ordering the yeas and nays. Mr. WARREN. On this question I am paired with my colleague, Mr. ?t1r. BLAND. I call for tellers on ordering the yeas and nays. CRAPO, who if present woultl vote " ay," and I would vote "no." Tellers were not ordered. Mr. CALDWELL, of Tennessee. I was requested by Mr. HATCHER, The question being t.aken on agreeing to the amendment, there were- of Missouri, to state that be was too unwell to attend the session of ayes 103, noes 27. the House to-night. Mr. BLACKBURN. Has a quorum voted f Mr. DOUGLAS. I am paired with Mr. MAcDouGALL, of New York, The SPEAKER p1·o tempore. No quorum has voted. The Chair will who if here, I presume, would vote" ay," and I would vote" no." order tellers. :Mr. HAYMOND. I am paired with Mr. HoGE, of North Carolina, Mr. RE.AGAN. · In accordance with notice n,lready given and in who, if he were here, would vote "ay," and I would vote "no." pursuance of the agreement, I am entitled, as I understand, to hn,ye Mr. CUTLER. My colle~ues, Mr. HARDENBERGH and Mr. Ross, a vote of the House by yeas and nays. There are some of us who are absent bv leave of the ..tlouse. wish to recor(l our protest against this proposition. Mr. BURdHARD, of Illinois. I am paired on all political ques- Mr. HURLBUT. I understand that the gent.leman from Texas, tions with Mr. TUCKER, of Virginia, who, if here, would vot,e ''no," having the right under the consent given to demand th! yen,s and and I would vote" ay." nays, does so. Mr. KASSON. I desire to state that Mr. GARFIELD is absent in Mr. REAGAN. . I do. Ohio; if here he would vot,e " ay." Mr. HURLBUT. In that case I move that the Honse adjourn. .Mr. FOSTER. My colleagues, Mr. LAWRENCE and Mr. MONROE, The motion was not agreed to; there being-ayes 40, noes 100. are absent by leave of the House; if present they would vote "ay." Mr. REAGAN. There seems to be somo apprehension thn,t a quorum Mr. WILLARD. My collen,gue, Mr. BRADLEY, is absent by len,ve may not be present. All I desire is that members who are here shall of the House. If here he would vote "ay." record themselves on the question. I will raise no objection upon Mr. O'NEILL. My colleagues, Mr. KELLEY and Mr. WooD, are ab- the absence of a quorum. sent by leave of the House. Mr. RANDALL. But if it appear on a call of the yeas and nays Mr. PLAISTED. My colleagues, Mr. BLAI~ and Mr. FRYE, are that there is no quorum present, the House might not be ab]e to pro- ab ent, sick. If present they would vote" ay." ceed wit.h business. Mr. MORGU. On all political questions-n,nd this appears to be Mr. RE.AGAN. I will be satisfied with the announcement of the considererl. such-! am paired with the gentleman from New York, vote, though a quorum may not be present. I demand the yeas and Mr. PLATT. If he were present he would vote "ay," and I should nays. If gentlemen choose to deprive me of my rights in this matter vote" no." Imnst submit. Mr. WILSON, of Iowa. My collen,gue, Mr. PRATT, is absent on a The SPEAKER pro tempore. Is there objection to taking a vote by committee of the House. If here he would vote " ay." yeas and nays on this question f Mr. DANFORD. On all political questions (and this seems to be Objection was made. one) I am paired wit.h the gentleman from Delaware, 1r1r. WILLIAMS. Mr. SPARKS. Let us have a vote. If he were present he would vote" no," and I should vote" ay." l\Ir. RANDALL. The gentleman perhaps is entitled to the yeas and Mr. OLIVER. The gentleman from Virginia, Mr. WALKER, and the nays by tl:!e agreement made in Commi.ttee of the Whole. _gentleman from New York, :Mr. HosKINs, are absent by leave of the Mr. C.ANNON, of Illinois. I rise to a point of order. House, and are paired on political questions. The gentleman from The SPEAKER p1·o tempore, (Mr. BLACKBURN in the chair.) The New York if here would vote "ay," and I presume the gentleman gentieman from IJlinois will state his point of order. from Virginia would vote "no." l\fr. CANNON, of Illinois. My point of order is this: The gentle- Mr. SMITH, of Pennsylvania. I am paired with my colleague, Mr. man from Pennsylvania., in calling for the yeas and nays, is out of CLY~IER. If here he would vote " no,'' and I should vote " ay ." order for the reason that the yeas and nn,ys have been refused, and :Mr. DOBBINS. My colleague, Mr. SINNICKSON, who is absent, tellers have been refused, and on the vote the amendment was very would, if here, vote " ay." largelv adopted. Mr. LYNCH. My colleague from Mississippi., ?th'. WELLS, is un- Mr. 'RANDALL. By agreement in Committee of the Whole, the avoidably absent. If present he would vote in the affirmative. yeas and nays were to be allowed in the House ; and I ask, by unan· ?t1r. WIGGINTON. I am paired with the gentleman from South imous consent, the yeas and nays be allowed. Carolina, 111r. W ALLAOE, who is necessarily absent. If here he would l\1r. C.ANNON, of Illinois. No, I object. vote " ay," and 1 should vote "no." Mr. RANDALL. It was agreed there should be a yea and nay vote Mr. MACKEY, of Pennsylvania. I am pJired with my colleague, in the House. Mr. FREEM~, on all political questions, and I am advised that this 1\Ir. CANNON, of lllinois. There was no such agreement. is a political questi.on. If 1\ir. FREEMAN were present he would The SPEAKER pro tempore. The Chair is ready to rule on the vote " ay," and I should vote ''no." I desire also to state that the point of order. The Chair does not understand it is competent for gentleman from Indiana, Mr. EvANS, is paired with the gentleman the committee by any action it may take to bind the House. When from New York, Mr. J. H. BAGLEY. the point was reserved in the committee to demand a vote by yen,s Mr. GUNTER. My colleague, Mr. GAUSE, who is absent on account and nays in the House it could not bind the Honse in the event of the of sickness would, if present, vote "no." refusal by less than one-fifth of a quorum to vote for the yeas and Mr. O'NEILL. My colleagues, 111r. KELLEY and Mr. FREEMAN, are nays. ab ent on important business. If here they wonl(l vote" ay." Mr. RANDALL. I submit in good faith, as unanimous consent The result of t.he vote was announced as above stated. seemed to have been given in Committee of the Whole to have the The Clerk resUIDed the reading of the n,mendments. yeas and nays, that they will not be refused in the House. M.J.·. CONGER. I ask unanimous consent that the amendment The SPEAKER p1'o tempo1'e. The Chair appreciates the suggestion adopted on motion of the gentleman from Texas, [Mr. SCHLEICHER,] of the gentleman from Pennsylvania, and if there be no objection, appropriating 10,000 for the protection of the banks of the Rio the yeas and nays will be considered as having been ordered. . Grande a,gainst overflow, be modified so that the money shall be ex- l\1r. RANDALL. I ask t he yeas and nays be called. There I S a pended under t he direction of the Secretary of War, in accorJn,nce quorum here. I offered the proposition, and should like to put myself with all other a.pproprin.t ions, instead of under t he direction of the on record in favor of it. Engineer of the Department. Mr. BURCHARD, of illinois. Unless the record of the debates M..r. HOLMAN. There is no objection to that. show that such was the agreement in committee, I do not think tho There being no objection, the amendment was modified accordingly. yeas and nays should be ordered. When it is agreed in committee 1876. CONGRESSIONAL RECORD-HOUSE. 4111 that gentlemen shall have a vote in the House, that simply means morton, Turney, Robert R Vance, Charles C. B. Walker, Walling, WalBh, War· that they shall have a right to take the yeas and nays if they can ren, Wike, Alphens S. Williams, and J eremiah N. Williams-74. NAY~Messrs. Adams, Ainsworth, John H. Baker, Ballou, Banks, Blair, Will· get them by one-fifth of those present voting in favor of the yeas and iam R. Brown, Horatio C. Burchard. Cannon, Caswell, Conger, Crounse, Cutler, nays. Davy, Denison, Dobbins, Dunnell. Durand, Foster, Frost, ~er, Goodin, Andrew Mr. RANDALL. The same arrangement was made as to !.he other H. Hamilton, Hancock, Hendee, Henderson, Holman, Hopkins, Hubbell, Hunter, amflndmcnts on which your side desire a vote. Hurlbut, Hyman, Jenks, Kasson, Kehr, Kimball, Franklin Landers, Lane, Leaven- worth. Lord, Lynch, Lynde, McCrary, McDill, Miller, Morgan, Norton, Oliver, The SPEAKER pro tempore. This debate is not in order. The O'N em, Packer, Page, Payne, Pierce, Plaisted, Potter, Rainey, Rea, John Reilly, point of order has been rnled on by the Chair. Robinson, Rusk, Sampson, Seelye, Smalls, A. HeiT Smith, Strait, Stevenson, Tar- Mr. BLAND. I rise to a point of order, and it is this: There was a box, Thompson, Thornburgh, Wasbingf,on Townsend, Tufts, Waldron, Erastus vote taken on this proposition and no quorum voted, and therefore I Wells, White, Whiting, Wigginton, Willard,Andrew Williams, WilliamB. Will- iams, .Tames Wilson, and Woodburn-St. am entitled to tellers under the rnle. NOT VOTING-Messrs. Ashe, Bagby, George A. Bagley, John H. Baglf\y, jr., A MEMBER. The vote was largely in the affirmative. William H. Ba.ker, Buss, Beebe, Bell, Blackburn, Blaine, Bliss, Bradlay, John Young The SPEAKER pro tempore. The present occupant of the Chair Brown, Buckner, Burleigh, Campbell, Cason, Cate, Chapin, Chittenldsmith W. Hewitt, Holman, Hooker, Hou e, Hunton, Jenks, Frauk Jones, B. Williams, James Wilson, and Woodburn-72. 'rbomas L. Jones, Lane, Lewis, Lord, Luttrell, Lynde, L.A.. Mackey, McFarlanrl, NAYS-Messrs. Anderson, Atkms, Blair, Blount, Boone, Bradford, Bri~ht, leade, Metcalfe, Milliken, Packer, John F- Philips, Plaisted, Rainey, Randall, Samuel D. Burchard, Cabell, William P. Caldwell, Candler, John B. Clarke of Ken- John Rejlly. Rice, Riddle, William M. Robbins, Scales, Singleton, Smalls, A. Herr tucky, John B. Clark, jr., of Missouri, Cowan, Cutler, Davis, De Bolt, Dibrell, Smith, William E. Sruith, Sp:uks, Springer, Terry, Thomas, Thompson. Turney, Don~las, Durand, Durham, Forney, Foster, Fuller, Goode, Gunter, .Andrew H. Robert B. Vance. Waldron, Charles 0. B. Walker, Walsh, Wigginton, and Jere- Hamilton, Harrison, Ha.rtzell, Gold mith W. Hewitt~ Holman, Hooker, Hopkins, miah N. Williams-70. Honse, Hunter, Hunton, Jenks, Frank Jones, Thomas L. Jones, Lewis, Lord, Lut- NOT VOTING-Messrs. Ashe, Bagby, George A. Bagley, John IL Baaley,jr, Will- trell, Lynch, Lymle, L. A. Mackey, Maish, McFarland, Meade, Metcalfe, Milliken, iam H. Baker, Bass, Beebe, Bell, BJ.ackburn, Blaine, Bliss, Bradley, :fohn Young Neal, Payne, John F. Philip . Randall, Rea, Rice, Riddle, William M. Robbin.'!, Sav- Brown, Buckner, Burlei~?h, Campbell, Cason, Ca.te, Chapin, Chittenden, Clymer, a_ge, Scales, Singleton, William E. Smith, Sparks, Springer, Stevenson, Terry, Cochrane, Collins, Cox, Crapo, Danford, DruTall, Dobbins, Eames, Eden, Ej;bert, Thoma, Thompson, Turney, Robert B. Vance, Waldron, Charles C. B. Walker, Ely, Evans, Faulkner, Felton, Finley, Fmt, Freeman, .Fro_st, Frye, Ga_rfielll, u-ause, Walling, Walsh, Wigginh>n, Wike, and Jeremiah N. Williams-77. Gibson, Glover, Hale, Haralson, Hardenbergh, BenJamm W. HarriS, Henry R. NOT VOTING-Messrs. Ashe, Baaby, George A. Bagley, John H. Bagley, jr., Harris, John T. Hal'ris, Hatcher, Hathom, Hays, Henkle, Hereford, Abram S. William H. Baker, Bass, Beebe, Bell, Blacklmrn, Blaine, Bli , Bradley, John Hewitt, Hill Hoar, Hoge.lloskins, Hurd, Hurli>ut, Joyce, Kelley, Ketr.ham,King, Young Brown, William R. Brown, Buckner, Burleigh, Campbell, Cason, Cate, Knot.t, Lamar, George M. Landers, I.apham, Lawrence, Leavenworth, LeMoyne, Caulfield, Chapin, Chittenden, Olymer, Cochrane, Collins, Cox, Crapo, Danford, Levy, Edmund W. M. Mackey, Mag-oon, Maish, MacDougall, McMahon, MoMy, Darrall, Dobbins, Eames, Eden Egbert, Ely, Evans Faulkner, Felton Finley, Fort, Monroe, Morrisun Mutchler, Nash, Now, O'Brien, Orlell, Parsons, Phelps, William Freeman, Frost, Frye, Garfield, Gause, Gibson, Glover~.-Hale, Haralson, Rardon- A. Phillips, Platt, Poppleton, Powell, Pratt, Purman, James B. Reilly, John Robbins, bergh, Benjamin W. Harris, Henry R. Harris, John T . .H.arris Hatcher, Hathorn, Miles Ross, Sobieski Ross, Schumaker, Seelye, Sbeakley, Sinnickson. Slemons, Haymond , Hays, Henkle, Hereford, Abram S. Hewitt, Hill, Hoar, Hog~, Hoskins, Southarrl, Spencer, Sten~ r. Stone, Stowell, Swann, 'reese, Martin I. Townsend, Hurd, Hurlbut, Joyce, Kelley, Ketcham, King, Knott. Lamar, Geor~e .M.. Landers, Tucker, Van Vorhcs, Waddell, Wait, Gilbert 0. Walker, Alexander S. Walla.ce, Lapham, Lawrence, Leavenworth, LeMoyne, Levy, Edmund W. M. Mackey, Ma- John W. Wallace, Ward, G. Wiley Wells, Wheeler, Whitebonse, Whitthorne, goon MacDougall, McMahon, Mills, Money, Monroe, Morrison, Mutchler, 1\ash, Charles G. Williams, James Willialllil, James D. Williams, Willis, Wilshire, Ben- New' O'llrien, Odell, Parsons, Phelps. William A.. Phillips, Platt, Poppleton, jamin Wilson, .Alan Wood, jr., Fern;mdo Wood, Woodworth, Yeates, and Young- Pow~ll, Pr:ttt, Purman, James B. Reilly, Jo?.n ~ol>bins, Robert , Miles Ros , Sobi- 135. eski Ross, Schumaker, Seelye, Sheakleyt..§w~ckson, Slemon~~ont~ard, Spencer, Stenger Stone, Stowell, Swann, Teese, Martin I. Townsend, washington Town- So the amendment W38 agreed to. semi T{lcker Van Vorhes, Waddell, Wait., Gilbert C. Walker, Alexander S. Wal- Durin,.,. the roll-call, lace 'John w'. Wallace, Ward, G. Wiley Wells, Wheeler, Whitehouse, Whitthorne, Mr. SCALES said: I desire to say that my colleague, Mr. YEATES, is Cha~les G. Williams, James Williams, James D. Williams. Willis, Wilshire, Benja- min Wilson, Alan Wood, jr., Fernando Wood, Woodworth, Yeates, and Young-140. absent on account of sickness. Mr. MAISH. I desil·e to say that upon this question I am paired wit,h So the amendment was not agreed to. the gentleman from Illinois, [Mr. LEMoYNE.] If he were present he The bill, as amended, was then ordered to be engrossed and read woulcl vot.e "ay ," and I would vote " no." a third time ; and being en~pssed, it wa.s accordingly read tho third :Mr. ROBBINS, of North C:J.rolina. I desire to say that my col- time. league, .Mr. WADDELL, is absent on account of the death of his wife. The question being upon the passage of the bill, upon a division The resnlt of the vote was then announced as above recorded. there were-ayes 105, noes 44. Mr. NEAL. I move that the House do now adjourn. So tho bill was passed. Tho SPEAKER pro tempore. Tbo Chair will state that there is but Mr. RANDALL moved to reconsider the vote by which the bill was one amenument remaining undisposed of. passed ; and also moved that the motion to reconsider be laid on the l\Ir. NEAL. Then I withdraw my motion. table. The last amendment upon which a separate vote was asked was The latter motion was agreed to. then read, as follows: Mr. RANDALL. I move that the House now adjourn. After line ~142 insert as follo,vs: Mr. PAGE. Pending that motion I move that when the Hoh.se ad- For every purpo e nec.ei!Bary to the continuation of the geographical survey of journs it be to meet on Monday next. the territory of the United Staws west of the one hundredth meridian under the · Mr. RANDALL. We must have a session to-morrow. .War Departnwnt., for fielll and office work, and for the preparation, engraving, and Mr. CONGER. Allow me to make a proposition. If the session printing of plates and atl:ls sheets, $50,000. for to-morrow is for the purpose of electing a Speaker pro tempo1'e-- Mr. HOLMAN. I ask tha.t by unanimous consent the amount' of Mr. RANDALL. It is necessary to meet to-morrow for other pur- this appropriation be made the same as the sum appropriated for Pro- poses. 1876. CONGRESSIONAL RECORD-SENATE. 4113 LEAVE OF ABSENCE. Mr. CHRISTIANGYpresented the petition of Eli.as B. Bell, of Hills- dale County, Michigan, praying for the C?rrection of his rec?rd as a Mr. MORRISON was granted leave of absence for one week. soldier by removing the charge of desertiOn therefrom; whiCh was Mr. PLAISTJm was granted leave of absence for ten days from referred to the Committee on Military Affairs. Moud:t:V next on account of important business. Mr. BOOTH presented the mem.orial of a co~mittee appoinf:ed a~ a Mr. HARRISON wa granted indefinite leave of absence on account public meetincr held at San Bemto, San Bemto County, Califor01a, of important business. . on the ·27th of May, 1tl76, in f~vor of an amendment t.o the .act of The q nestion was then taken upon the motiOn of Mr. PAG~, that Congress granting a land substdy to the S~uthern PaCl~c Rmlroad when the Honse adjourn it be to meet on Monday next; and It was Company· which was referred to the Committee on Pubhc Lands. not agreed to. . 1\Ir. CONKLING. · I have a petition to present, which I have been The motion of Mr. RANDALL was then agreed to; and accordingly withholding for the appearance in his seat of the ~hairman of the (a.t two o'clock and thirty minutes a.m., Saturday, June 24,) the Committee on Naval Affairs; but as I see a very emment member of House adjourned. that committee the Senator from Rhode Island [Mr. ANTHONY] be- fore me I shouid like to have his attention. I beg to present this PETITIONS, ETC. petitio~ iu his heari~g and to as_k his attention. to it. I present the petitiOn of Admual Charles Wilkes, who as the Sen- The following memorials, petitions, and other papers were presented ator and other Senn.tors know is very ill in this city now. It is a at the Clerk's desk under the rule, and referred as stated: . sworn petition, in which he says .that thirteen years ago, when he By Mr. HUNTON: The pet~tion of Eliz~beth Barrett, for a. pensiOn, was in command of the West Indian squadron, a paymaster, whom to the Committee on Revolutionary PensiOns. he names and who is now dead, paid for him a mess-bill amounting By Mr. McFARLAND: The petition of Peter Meek~, late a. private to $350; that ten days afterward he r~paid it to him, which he .re- in Company 1, Eighth Tennessee Infantry, for a pensiOn, to the Com- members distinctly. The Fourth Auditor of the Treasur~, haviDg mittee on Invalid Pensions. no power to dispense with the formal voucher, and findmg none, ~ By Mr. REAGAN: The petition of citizens of Eastern .and North- charges that $350 to him, Admiral Wilkes, in the phrase of th~ D~­ eastern Texas a...,ainst the removal of the place of holdmg Federal partment "checks his account" to that amount. The admirals courts from Tyle~ to Dallas, in said Stnte, to the Committee on the means ar~ too slender to enable him, without great inconvenience, to Jnfliciary. . submit to that check. This petition, if it ·is to be believed, est.ab- By Mr. SEELYE: Memorial of the Semii;wle Nation of I';ldia!ls, lishes the injustice of the check; and I present it, moving its refer- against any legislation .looking to the establishment of a terntonal ence to the Committee on Naval Affairs-I suppose it should go there-- government for the Indian country. in the hope that that committee may offer an amendme~t to. an ap- propriation bill, or report a bill in the customary form, dtrectmg the proper accounting officers of the Treasury Department to allow Ad- miral Wilkes this sum. Mr. SARGENT. I suggest to t~e Senator f~om New. York that the IN SENATE. petition ought to go to the Commtt~ee on Clmms. It _IS n.ot ~ ~at~er that the Committee on N:tval Affaus have any special JUflsdictwn SATURDAY, June 24:, 1876. over. The fact that these were naval officers does not put this claim Prayer by the Chaplnin, Rev. BYRON SuNDERLAND, D. D. on a different footing. It does not de~end upon ~1:!-Y construction of The Journal of yesterday's proceedings was read and approved. the laws in relation to the Navy. I thmk the pet1t10n ought to go to the Committee on Cbims. EXECUTIVE COMMUNICATIONS. .Mr. CONKLING. It is of course a matter of no consequence to me The PRESIDENT pro tempore laid before the Senate a. communica- to which committee it goes. I think, however, my friend from Cali- tion from the Secretary of War, transmitting, for the information of fornia on reflection will find that, according to the usage of the Sen- the Committee on Appropriations, a letter of the Quartermaster-Gen- ate and indeed according to reasoning too, this be in~ not a claim but eral stating the effect of the amen~ent adopted by th~ ~ouse ?f a ~ere matter of accounting in re~pect of. the affaus of two ~ava.l Representatives to the paragraph m the Army .appropriation ~1ll officers, it ought rather to go ~the Committee on ~av~l A~airs. I "for transportation of the Army," and recommending the rest_oration make no resistance, however, If the Sen~tor from C!11Jf~ru1a h~ ~~ of the original phraseology; which was referred to the Committee on choice, except that we all know the Commtt.tee on Clatms 1s a h~~yil.Y Appropriations. . . burdened committee. This re1ief ought to be granted at once if It lB He also laid before the Senate a commumcatwn from the Secretary to be done at all, and perhaps for convenience the petition had better of War transmittinl7' a letter from the Quartermaster-General rec- go to the Committee on Naval Affairs. ommending that the appropriation ''for incidental e~penses" for the 0 Mr. SARGENT. Very well. year ending J nne 30, 1877, be so amended as to provide that the rea- The PRES1DENT pro tempore. The petition will be referred to the sonable funeral expenses of an officer of the Army dying in the serv- Committee on Naval Affairs, if there be no objection. It is so referred. ice may be paid by the Treasury Department on the .approval ?~ the AGRICULTURAL .REPORTS FOR 1874 AND 1875. Secretary of War ; which was referred to the ComiDittee on .Military Mr. ANTHONY, from the Committee on Printing, to whom was re- Afl'airs. ferred the following concurrent resolution from the House of Repre- PETITIONS AND MEMORIALS. sentatives, reported it without amendment: 1\fr. INGALLS presented the petition of Mrs. :Mary Walsh, pray- Resol'Ued, (the Senate concurring,) That there be printed 100,000 copi~ of the Re- iDlY to be allowed a pension on account of services rendered by her port of the Commissioner of Agriculture for the year 1874; 20,000 cop1es f!>r the htfsband Redmond Walsh, late of Company H, Fourth Massachusetts use of the Senate, and 80,000 copies for the use of t.he House of Representatives. CaYalry,' during the late war; which was referred to the Committee He also from the same committee, to whom wa-s referred the fol- on Pensions. lowing co'ncurrent resolution from the House of Representatives, re- He also presented the petition of Gardiner G. Hubbard, on behalf ported it without amendment: of the Union Pacific RailroadCompany,southern bra.nch,nowknown Resolved by the Hottse of Representatives, (the ~te c~trring,) That.the Con- as the Missouri, Kansas ancl Texas Railroad Company, praying dam- J!ressional Printer be, and he is hereby, authonzed to prmt 200,000' C?PWS of ~e ages by rb.son of the failure of title to certain lands in Kansas Report of the Commissioner of Agriculture fo1· the year 1875; 43,750 cop1es of which patented to the company by the United States; which was referred shill be for the use of the Senate, 131.~0 copies for the use of the House o.f Repre- sentatives, and 25,000 copies for distribution by the Commissioner of Agr1culture. to the Committee on the Judiciary. Mr. ALCORN. I present the petition of John Kethley, of Scott Mr. ANTHONY. We report these resolutions without recommenda- County, :Mississippi, who was a soldier in the war of 1812, now v~ry tion and refer their consideration to the Senate. The committee were old and indigent. He prays that he rna~ be allowed co~pensatwn not ~ble to agree and as unquestionably their ruport upon either reso- for certain property taken and appropnated by the Umte~ ~tates lution in any fo~m would meet with opposition in the Senate, it was troops dming the late war. I move the reference of the petition to thoul7'ht best to refer the whole subject to the Senate and let the reso- the Committee on Claims. lutio~s go upon the Calendar. The motion was agreed to. The pRESIDENT p1:o tempore. The resolutions will be placed upon Mr. ALCORN. I also presentthepetitionof Jesse McKay, of Scott the Calendar. County, Mississippi~ who likewise seryed as a soldier in the war of ABERT'S REPORT. 1tl12. He states that he is very old, blmd, and poor, and that he lost .Mr. ANTHONY. The Committee on Printing, to whom was re- a lar...,e amount of property, which was taken and appropriated by ferred a resolution to print 10,000 copies of the report of J. T. Abert, UnitZd States troops during the late war, by General Sherman. He have instructed me to report back the same with an amendment, sub- prays compensation. I move the reference of the petition to the Com- stituting " 1,500" for "10,000 ;" and I ask for its present considera- mittee on Claims. tion. . The motion was agreed to. There beinl7' no objection, the resolution was considered. Mr. WRIGHT presented the memorial of the New York committee The amendment wa-s agreed to; and the resolution, as amended, for the prevention of licensed prostitution, signed by ~Irs. Ab?y Hop- was adopted, as follows : per Gibbons, president, and other officers and members, praymg that Resolved, That 1,500 extra copies of the report of J. T. Abert, en~neer, on the Congress may enact no law to authorize the b~ard of health to license surrey of a. line to connect the waters of the Cape Fear ~nd Nens~ Rtvex·s aud for prostitution in the Dist.r ict of Columbia; wh10h wa-s r~f.erred to the a connection by water between Norfolk and Cape Fear R1ver, be print-ed for the us~ Committee on the District of Columbia. of the Senate. IV-258 4114 CONGRESSIONAL RECORD-SENATE. JUNE 24, AR:!\!Y APPROPRIATION BILL. only way in which the differences between the t'Yo Houses c11n be ·Mr. ALLISON. I am instructed by the Committee on Appropria- harmonized is by a conference. tions, to whom was referred the bill (H. R. No. 3717) making appro- Mr. MERRlMON. I do not feel at liberty to object now, as my priations for the support of the Army for the .fiscal year ending June attention was not attracted when unanimous cousent was asked to ~0, 1~77, and for other purposes, to report it back with sundry runend- consider the bill. ments. I give notice that I shall ask the Senate to take np the bill .Mr. SPENCER. I will say that this bill was considered by the for consideration on Monday next. committee at the last meeting. The Senator from North Carolina was not present. The object is to substitute the Senate bill for REPAVEMENT OF PENNSYLVANIA AVENUE. the Honse bill, so as to throw the matter into a conference com- Mr. DORSEY. I am instructed by the Committee on the District mittee. of Columbia, to whom was referred the bill (H. R. No. 3411) author- Mr. l\IERRIMON. The matter I referred to was brought to my izing the repavement of Pennsylvania avenue; to report it with an attention just before the Senate met-to-day. I thought the objection amcn•lment, striking out all after the enacting clause and inserting raised was a serious one, and I promised the gentleman that I would the bill on the same subject passed by the Senate, and which I be- bring it to the attention of t-he committee when the bill should be lieve is familiar to all Senators. I ask for the present consideration considered. I do not feel at liberty now to move to reconsider in of t.be hill. order to present my suggestion. The ma.tter may be settled in the By unanimous consent, the Senate, as in Committee of the Whole, committee of conference. proceeded to consider the bill Mr. WEST. Do I understand tbe Senator from North Carolina to The PRESIDENT pro t~pore. The Secretary will read the amend- object now to the passage of the bill as amended by the Senate f ment of the committee. Mr. MERRIMON. I take it, it is notcompetent to interpose an ob- Mr. WEST. Is it necessary to read itt jection now when the bill is on its passage. Mr. SHERMAN. I take it if that is the identical bill which we Mr. SARGENT. The Senator says he does not object, but that a passed in the Senate it is hardly worth while to read it. I should conference can probably settle it. like to ask the Senator who has charge of the measure what is the The PRESIDENT pro tempm·e. The question is on the passage of difference between the two bills, so that we may understand it. the bill. M.r. DORSEY. The differences are so great that I c11n h11rdly an- The bill was passed. swer the Senator in a short time. They are dift'erent bills entirely. TIME FOR FILING BOUNTY CLAIMS. Mr. SHERMAN. I understand the Senator desires to have the sub- stitute agreed to in order to send the whole matter to a committee of Mr. LOGAN. I desire to call up House bill No. 525. If i.t produces couference! . any discussion whatever, I shall not pres~:~ it now. I have been mged . Mr. DORSEY. Yes, sir. very frequently to call it up. It was reported from the Committee on Mr. SHERMAN. I think it is hardly worth while, then, to read the Military Affairs, and, after a slight discussion, withdrawn at that whole bill that passed the Senate. If anything is to be read, it ought time. . to he the Honse bill. · The bill (H. R. No. 525) to extend the time for ..filing claims for ad-. Mr. INGALLS. I ask unanimous consent that the reading of the ditional bounty under the act of July 28, 1808, which expired by lim- amendment of the committee be dispensed with. itation on January 30, 1875, until Jnly 1, 18d0, was, by unanimous Mr. HAMLIN. I should like to hea,r the bill. It will go to a com- consent, considered as in Committ.ee of the Whole. mittee of conference and the Senate will never have heard the bill The bill was reported to the Senate without amendment, ordered 1·ead. to a third reacting, read the third time, and passecl. Mr. WEST. Th,e amendment is the bill which passed the Senate. LANDS L."i KL.iliATH L.~DI.AJ.~ RESERVATION. Mr. HA~1LIN. I make no objection in that case. I thought it was a new bill. :Mr. KELLY. I move that the Senate proceed to the consideration : Mr. SHERMAN. If anything is to be read it ought to be the House of House bill No. 1316. bill, and not the Senate amendment. . The motion was agreed to ; and the bill (H. R. No. 1316) to adjust ThA PRESIDENT -pro tempore. By unanimous consent the read- the claims of the owners of bnds within the limits of the Klamatll ing of t.he amendment is dispensed with. The question is on the Indian reservation, in the St11te of Oregon, was considered as in Com- amendment reported by t.he Committee on the District of Columbia mittee of the Whole. as a substitute for the House bill. The Committee on Public Lands reported the bill with an amend- The amendment was agreed to. ment in line 5, aftel' tlie word "scrip," to insert "for quantities of The bill was reportefl to the Senate aa amended, and the amend- land not less than one section ;" and, in line 12, to strike ont the ment was concurred in. worus "the subdivision" and irrsert "one section, as;" so as to m11ke The amendment was ordered to be engrossed and the bill to be the bill read: r,e ad a. third time. That the Commissioner of the General Land Office be, and he is hereby, author- The bill was read the third time. ized, under the yed when taken. then ate bill already passed. to conform when surveyed to tho general system of the United tate la ttl surveys, Mr. MERRIMON. The reason I mention it is that a very respect- a quantity of land eqnal in amount to the lands within tho limits of said graut, em- able citizen of this city came to see me about the sul>ject this morn- braced in the Klamath Inrlian reservation, uesignated and set apart by the Uom. ing. He manifestly thought the bill would go to the Committee on l:mds missioner of the General Land Office as lands in place, and likewise any indemnity within the limits of said reservation that have been selected anfl appt~•vorl. the District of Columbia, and he made two or three important sug- to the State of Oregon under the provisions of said act; the quantity of satcllantls gestions, as I thought. to be ascertained by the Commissioner of the General Lantl Office.· And tile said The PRESIDENT p1·o tempore. The bill was reported this morning Commissioner shatl issue patents for the lands so selected: Provided, Tllat no scrip from the Committee on the District of Columbia, antl considered by nor patents shall issue M hereinbefore provided until the owners of the lands em. braced in said reservation shall execute and deliver to tho Commis,ioner of the unanimous consent, and the amendment agreed to. General Land Office a deed conveying to the United States all tltei» right, titl , Mr. SHERMAN. It strikes me that the course pursued now is a and interest to the same: Providedjurther, That no scrip issued in pursuance of very common one. The Senate passed a bill on the same subject, and the provisions of this act shall be located upon other than the public lands lying sent it to the House. The House, instead of taking up that bill and within the suid St.'l.te of Oregon. amending it, send to us a bill of their own. It is manifest that unless 1\fr. KELLY. Jrlr. President, the House of Representatives passed the two Houses are brought together by a conference, or in some this bill some months ago, and before its passage the Committee on other mode, they cannot pass a bill upon the suhject. Therefore the Public Lands thoroughly examined the case and made a report npon course now suggested, that we pass our bill as an amendment to the. it; it is Report No.1lj3 of the House of Repre entat.ives of the present House bill so as to bring the two Houses to a conference, is the only session of (;ongress. After passing that body tho bill came to the way to reach a result. Senate, was referred to om Committee on Public Lands andthoronO'hly Mr. MERRlMON. My only object was to have an opportunity to examined there, but no written report was made to accompanyo the present to the committee the suggestions which were made to me by biJ..l, inasmuch as the House report fully set forth all the facts. Briefly tbe highly respectable citizen to whom I have referred, which I stated they are these: On the 2d day of July, 1864 1 the Congress of thought well entitled to consideration. I should certainly ·have ob- the United States granted to the State of Oregon certain lanrls; that jected to the consideration of the bill this morning, but my attention is, three sections on each side of a road from Eugene City, in Western was diverted. Oregon, to the eastern borrndary of the State. The road was con- Mr. SHERMAN. I understand that the Senator himself is a mem- structed by the comp11ny to whom the lands were granted by the ber of the Committee on the District of Columbia. St.ate of Oregon at an expense of between $200,000 and "300,000. Mr. MERRIMON. I am a member of the committee, but was not After the road was constructed and approved, the United States, present when the bill was considered by them. tl.lrourrh its superintendent of Indian affair ·, located upon the lanus :Mr. SHERMAN. The Senator being a member of that committee the Klamath Indian reservation. The road had been constructed, t.he be would naturally be appointed a ma.mb.e r .o f the committee of con- governor had -approveu it in accordance with the law of Congre , ference, although that is a matter for the Chair. He will therefore and the lands had been patented to the State or to the company that have an opportunity in conference to present h!s suggest}.on and the cont5tructed the road, or at least the greater portion of them, amount- 1 1876. CONGRESSIONAL RECORD-SENATE. 4115 ing to 103,000 acres. As soon as the company was about to take pos- the property of snid wag-on-road company. Theentirewagon-road grant has been transferrttl hy sale to a number of prominent capitalists, chiefly of the State of session of its lands the Indians threatened disturbance, the same In- Cnlifor,. i!l., as I understand. without notice th!lt the Klamath In.dians claimed to dians with whom we had trouble at the time of the .Modoc war. These hold the Iantis of the grant listed to the State within saidreservation as belonginu la11ds lie near the houndary between California aud Oregon. The to them by virtue of the treat.y. ' " Indians, as I said, threatened to drive off the owners of the lands if :rhe wagon. road company and !heir successors in interest have paid taxes upon sa1d reservation lands from the tune when they were seiVegated to sairl company. they should assert their rights. The State was about to protect its The present ownPrs now clesire to dispose of these lanus to settlers; and persons citizens in their rights, when the superiutenuent of Indian affairs are ready to become purchasers. But the Klamath Indians. lately disco•erinrr that askele period unad- missioner Burdett, a.nd tlie request of L. S. Dyar, United States In- justed the most serious Indian hostilities will occur, disastrous to the settlements di:m agent-two letters of :Mr. Dyar, aakiug that this be done-the in Southern Oregon and Northern California. as well as expense to the General Gov- recommendation ofE. P. Smith, Commissioner of Indian Affairs, dated ernment in an amount far exceeding any cost of present settlement of the matter. Could the reservation be acated and the Klamath Indians be removed to other February 8, 1875, aaking the same thing, and another from .Mr. Smith lands, I presume it would be the most satisfactory solution of the question, as far dated Jan nary 7, 1875, bef.lides letters from a number of other citizens as the owners of these lands axe concerned; but if this cannot be done it would asking that it be done. Indeed this is the only way it seems to me appear but common justjce and fair de..'l.lin~ that other lands of equal valu~ be given by which this conflict or cont1·oversy with the Klamath Indians can in release of these or that a fair money compensation be made for the same. I have the honor to be, sir, very respectfully, your obedient servant, be settled. It simply is to allow the men who conatructed t.he road L. F GROVER, to take other lands in lien of those which bad been patented to the Governor of Oregon. company, they tr:tnsferring to the United States for the benefit of The SECRETARY OF THE INTERIOR, this reservation the lands which have been patented to them, and the Wa.shington, D. a. other lands bein~ transferred only upon the patented buds being re- ceded to the Umted States. STATE OF C.ALIFORYIA, EXECUT"VE DEPARTMEXT, Mr. EDMUNDS. I should like to hear the report re3d, Mr. Presi- Sacratttento, Vatijornia, Janua1y 28, 1876. dent. SIR: I am informed that by ·an act of ConiVes~ approved J nly 2, 1864, certain lands were granted to the Stato of Oregon to atd in the construction of a military Mr. KELLY. I will send the report to the desk. road fro~ Eugene City to the eastern houndar.y of the State, and that by an aet of The PRESIDENT pro ten~pore. The report will be read. the Legislature of Oregon approved October 24, Jt-64, this grant was conferred on The Chief Clerk read the following report m:ule by 1\Ir. LA...VE, from tho Oreg?1~ Central Milit-ary Roall Company. I am further informed tliat the prO- pose~l military road was. COIJ?plcted according t;o the terms of the act of Congress tbe Committee on Public Lands in the House of Representatives, on makin~ a ~rant of land m atd of the constructiOn thereof, and the lands granted the 25th of February: were listeu to the State; also, that at a date subsequent to the tramfer of these The Committee on Public Lands, to whom was referred the bill (H. R. No. 1316) lands to the State of Oregon, a treaty was ratified with the Klamath and other In- to adjust the claims of the owners of lands within the limits of the Klamath Indian dians, by which a portion of the lands already donated for the purpose above named resermtion, in the State of Oregon, report as follows : w:1s set apart for an Indian reservation. . The Congress of the United States, by an act approved July 2, 1864, granted to The Oregon Central Military Road Company, on which the grant was confened the State of Oregon certain lands to aid in the construction of a military wagon- by the State of Oregon, ha.'l since sold t. h e land to other parties, and it is now owned road from EugeneCitytothe eastern boundary of said State. Said grantembraced by a company of capitalists, mo t of whom, a.s I am informed, are citizens of this the orld sections withm the limits of three miles on each side of sa:id road. Sub- State. Th~ portion of it embraced within the Klamath l:::dian reso1Tation, about sequently, October 24, 1864. the Legislative Assembly of the State of Oregon des- 130,.000 acrPs, they are ~able to make use of for purposes of settlemont and uulti- ig?ated the Oregon Central Military 'Yagon-Road Company as the company tore- vatwn, though, as I am mformerl, they pay taxes on it annually under tho laws of ceive the grant and construct the sa1d road. In January, I iO, the road, being Oregon, for State and .county purposes. Holt ling title to this land from the Feder-al wholly completecl, was accepted by the governor of Oregon, Ron. George L. Woods Government and paymg t:1xes on it Ullder the hl>WS of the State, they naturally do- and rlnl.v certified a.s constructed throughout its entire 1ength. ' sire to obtain possession of it, so that they may usc it, or, failing in this that "they In Fel>ruary, 1 70, a treaty with the Klamath Indians was ratified, which treaty may receive the value of t.be land, either inca h or in other lamls elsewhere a.ud I set apart alat·tre tract oi hma as the Kla.matb Indian reservation. Said re~;ervation think in this respect their tlPsires are only just anti reasonable, and are entii:J.ed to erubraeoo within its limits 130 377 acres of land which, under the act of July 2 1864 consideration from the Govenunent. legally inured to the ~;aid. road company. The particular section of road ~hicl.~ There a1·e other con.·iderations, g-rowing out of the relation of tJJe reservation runs through the reservation was accepted according to law by the gove1·nor of the l?dians to these lan~s, which make .i t a matter of ver:;.' great importance that the State as eat1y as 1866, four years prior to the ratification of the treat\· r eferred to. l"lgbt.s of these parties should be adJusted on some satisfactory basis at as early a Until rec.outly the lndi:'lns seem not to have been a~~e of the ex"istence of any day as possible. adverse cla1m to any portion of the lands emt·raced Withm the reservation. They The Indians on the reserv-ation are jealous and warlike, a.nd if the:v come to ba>e however, como to realize this fact. and are growin!! somewhat r estive in the understand that citizens have a title t{) a portiou of the land embraceil iu their con. itle~tion thereof. The proprietors of the grant, in onler to avoid trouble with reservation, and which they have berotoforo re.,.ardele tl:t.'ttthey ~ to forei!O tbeir.claim t?lands within the limits of said r~,ervation , provided the contemplate the situation with complacency. Ou the contrary, it is to be fca.rell Go,•ernment will perm1t them to locate an equal number of acres elsewhere in said that.t~~~ discovery o~ s~ch fact by tbcm would be tho signal for t.bem to commence State of Oregon. hoshhties. .And while It cannot be doni.> ted wbat theultirnM~ result of l:luuh action The Spragne River Valley, in which these disputed lands are situat-e is one of ou their par~ would be, the l~ss le adjustment in the premises, this measure is urgefl to a favorable consi(l· lilnd.s by givin." them an eq~table considerat!on therefor. To place them in pos- 'n-ation. It will be obsorv~ that there is a prov~sion ~n tl.1is hill that no scrip or sesswu of thmr lands would mvolve the breaking up of the reservation ami there- patents to lands elsewhere 1n the State shall be g1ven m hen of the lands within moval of the Indians to some other locality; that this ought t{) be done I am not the reservation until the proprietors of said grant shall execute and deliver to the prepared to say. But If it is thought best to retain the reservation where it is- Vorum issioner of the General Land Office a deed conveying to the United States all and ~e que~tion of i~s re~oval deserv~s very-: serious ~o?side~ations before ~1.8 •le· their rig~t a?d titl~ to th~ ~aitllands. The accom pan"yin:r exhibit.'!, pet.itions, and termmation m the affirmative-I certa.mly think the mti.zens lD quegtiou are enti- commumc.'l.tions of an otfimal character fully sustain the view of tho·matter taken tled to relief in the other manner suggested. by the committee. 'Trusting that this ruatt~r will receive your early attention, I have the honor to 'rhe committee report the following amendment, t{) wit: .A.d(l to said bill the fol· be, sir, very respectfully, your obedient servant, lo~g: "Prwidedfurtht:r, That no scrip issuell in punmance of the provisions of WILLIAM IRWIN, th1s net shall be located upon ot.ber than the public lands lying within the said Governor of State of California. State of Oregon." The committee recommend the adoption of said amendment and Ron. Z. Ca.u."DLER, the passage of said bill. SecretanJ oj the I1,terio1', Wa.shington, D. a. STATE OF OREGON, EXECUTIVE OFFICE, DEPARTMENT OF THE D'TERIOR, GENERAL L.U."D OFFICE Sal.ew, October 22, 1875. Washington, D. a., November 4, is74. SIR: By act of Congress approved July 2, 1864, certain public l!l.Drls were g-ranted Sm: I have the honor to acknowledge the receipt of a communication from your t~ the State of Oreuon •• to aid in .the construction of a military road from Eugene 9flice, d~tecl the 17th ultimo, respectin~ the action _of this Oflicotouching the11.mls C1t.v to tho eastern boundaxyof s:ud State." By an actoftbeLegislative .Assembly m what lS known as the Klamath Indmn reservation, in Oreuon embraced in the of t-he State of Oregon, approved October 24, 1864, this grunt was conferred by the limits of the grant of July 2. 1tl6-l, for the Oregon central military wa.aon.road. Stnte. upon- ~e Oregon Central Military Road Company. The road contemplated In reply, I have to state that the odd sections fallin~ within said reser>ation have by sa1d ~tof Congress bas been completed, and, by my predeces or, was examined been approved to the State for the benefit of the roaJ, within the three and six mile and certrfied as con. tructed and completed throughout its entire length. according limits, as follows: to the terms of the grant, on January 12 1870. 'Ibe treaty with tho Klamath In· Acres. ~~~t~~1t~:~~~~-:_:_~_:_:_~::.:.:.:.:.:_:_:.:_:_: : _:_:_:.: ~::: :::::::: ~::::: :::::~: ~: ~: ~~i: !!t ~ d\ans, of 1864, was mtHied February 17.'1870. (16 Statutes, page 707.) The line of tho w~gon-road passes through Klamath Lake Basin and the Klamath Indian roservatwn, as established subsequent to the li ting of the wagon-road lands t{) the State f?r the use of said wagon-road company, emliraces 130,377·acl'es of said lands b elo n~rng to t.h e wagon-road co~pany. · Total . ........•........•........ ... ........................•. .• •• ~~ 150. 4 L The ~amath Indian reservatiOn was finally confirmed as snell without notifying The treaty crea,tiog tho reservation not having been ratified until 1870 and not the Indians for whose use 1t was set apart tbat any portion of it was at tbat time ha.viug been brought to the attention of this Oftice until after the approYal of the 4116 CONGRESSIONAL RECORD-SENATE. JUNE 24, lands, no formal decision upon the rig~ts of the State has been :promnlgated, ~he DEPARTMENT OF THE INTERIOR, OFFICE OF l.NDIAN AFFAIRS, question not havina been examined w1th reference to the force of the reservatiOn Pebruary, 8, 1875. made subsequent t~ the tlate of the grant, to take the lands out of its operation. SIR: In reply to the inquiry contained in your lett:Rr of the 6th instant relative Very respectfnlly, to Senate bill it64, entitled "A bill to adjust the claim of the owners of land w.ithin S. S. BURDETT, Commissioner. the limits of the Klamath Indian reservation in the State of Oregon," what, if any, HoD. E. P. SMITH, action may have been had by me, or under my sanction, relative to the subject-mat- Oomm~siomr of Indian Affairs. ter of the 'bill, and requesting an expression of Office views respecting tbu same, I wonld respectfully state that the bill referred to has not been submitted for the views of this Office. XLAMATH AGENCY, OREGON, October 16, 1873. A. report was made t{) the honorable Secretary of the Interior on the 7th ultimo, SIR: Having returned to the reservation and thought further relative to the sub- (copy herewith,) which contained the views of this Office on the subject-matter of ject-matter of your communication of September 17, in ~eganl to ~e lands of t~e the bill. I wonld further state that. it is deemed very important and desirable that Oregon Central Military Road Company, located on this reservation, I deem It the Klamath Indiun reservation ill Oregon should remain intact, as contuml_)lated proper to express more fully my views. by the treaty of October 14, 1864, (16 Statute at Large, 707,) and that such act10n be By the treaty of October i4, 1864, the ~vernment of the. United Sta~ p~edaed taken as will best enable the accomplishment of this end. itself in tho most solemn way to secure th1s land to the Indmns and therr ~e1rs for- Very respectfully, your obedient servant, ever. This wa~ thoroughly explaine1l to them, an~ baa ~een. ~epeatedly smce, and E.P. SMITH, their good feelings toward the Government and Its wh1te c1tJzens to-day rests on Oommiiisioner. the conviction that this pledge will be conscientiously fulfilled. Hon. ComossiONER GENERAL LAND-OFFICE Say to them, the Government baa deeded this land~ t,he roa~ ~ompany, ~nd they will reply, "The Govt;rnment ~ade a solemn treaty mth ';18· gtV-';Ilg us.a title to all this land, only reservmg the nght of way for roans, n~thing bemg R&ld about the DEPARTMENT OF THB. INTERIOR, OFFICE INDIA AFFAIRS. location of lands, and we cannot understand that this 1s not a scheme to take our January 7, 1~5. country from us." Sm: I have the honor to call your attention to the claim asserted for lands within They will loo~ upon this as a. violation of ~e treaty by which t~e Gove!ll~ent the Klamath Indian reserve in Oregon by said State, onder act of Congress Jn'3llt- does positively g~.ve them an assnr.mce of thetr permanent ownership of this Iden- iDg alternate sections of the public lands to aid in the conRtruction of wagon-roads. tical land, aml they will say, "If the Govenm1ent violates one pledge, there is no The att~ntion of the Department was called to thi!! subject by eommonirotion from certaint.y that it will fnl:fill any." this Ollice on the 11th of November last. A. brief statement is as follows: I do not thus express myself without having as folly eonsidere~ the subj~ct .~I By an act of Congress approved July 2, 1864, (Unitoo States gtatntes at Large, am capable of doing. I have also counseled w1th persons of sagamty and rehabihty volume 13, page 355,) there was granted to the l:itate of Oregon, to aid in the con- who are folly eon versant with the feelings of the Klamath, Modoc, and Snake bands struction of a milit:\ry wagon-roa1l from Eugene City, by way of Middle Fork of located on this reservation, and I will say that it is my honest co~viction th3:t, if a Willamette River, and the most feasiiJle pass in the Cascade range of m~tnntains public announcement were made to-day to the three thout~and whit{) and red mhab- near Diamond Peak, t{) the eastern boundary of the State, alternate sections of Itants of thit~ section of the country, that we would st~nd upon the verge of a. war public L'lnds designated by odd numbers for three sections in width on each side of by tho side of which the late difficnlty with the renegade band of Modocs would be said road. dwarfed into insignificance. A combination of Klilmaths, Modocs, Snakes, and Subsequently on the 14th of October, 1864, a treaty waa concluded (ratified Feb· l'i-Utes could at a single stroke destroy the sparse settlements of Southeastern Ore- rnary 17, 1870) (United States Statot~s at Large, volume 16, page 707) between the gon, and, taking refnge in the volcani~ :fields of this country, with the supplies. of United St..'\t.es and the Klamath and Modoc tribes, and Yabooskin band of Snake arms and subsistence secured by their success, would cost the Government mill- Indians, by the terms of which tbe United States recognized the existence of the ions of money and a thousand lives before they eonld be sub.iugated. • Indian title or claim to the region of country therein de11cribed , by having the In~ Why will not the Government, in order to make its promises good to secure peace diana <'.Ode and relinquish their right, title, and claim thereto to the United States, for both Indians and whites and the civilization of tho red men, procure a title to with the pro\iso, "that the following uescribed tract within the country ceded by the lauds for the Indians 7 The outlay wonld be insignificant as compared with the treaty shall, until otherwise directed by the President of the Unite1l States, be the expenses of a war, which, without the greatest care and caution, will result set apart as an Indian reservation." Then follows a description of the tract of from this most unfortunate affair. country reserved. During the Modoc war there were always irresponsible par~es ready t:o.talk to This Office being in receipt of information that the State of Oregon claimed the these Indians and make them distrustful of both the reservation authont•e~ and lands, granted in the act first above named, along the entire route of the wagon- their Government. Among other things, they were told that as soon as the Modocs road, (which passes thro~~h the tract of country reserved, as aforesaid, for Indian were subdued and taken from tho country. t,he Government would steal away the purpot~es.) under date of me 17th of October last, addressed a. letter to the General reservation L'\ntls and take them away. Although the Indians knew these parties Land Otlk.e requesting to be advised what action, if any, bad been taken by that were not much entitled to credit, there was at one time a great in m1·n- and joint resolution; in which the concurrence of the Senate was re- tioJl cd: Provided further, That deficiencies in am· of said fu .•ds enumerateu in sttid quested: apportionment ma.v be suppliod from an.v surplus in either of said funds l:lO 1) · t' f th N of said tax shall br,como duo and pa~·able on the 1st day of January, 1877; aml m JOID reso ntion · · • •) appom mg managers 0 e a- ~Vt'I'Y case where the tax 1 'iried by tlris act shall he paid in inHtallments a hon1in tional Home for Disabled Volunteer Soldiers. authorized, each of such payments Rhall be deemed to ha'e beon mad on acr·mmt .AMENDMENT TO APPROPRIATION BILL. of tbe several funds and for the different purposes indicated in t !le second sc tinn of this act; and the vro rata. proportion of payment so made shall be can-ied to t!Jo Mr. FERRY submitted an amendment intended to be proposed by crerlit of the respective funds according to such apportionment. him to the bill (H. R. No. 3i49) makin~ appropriations for sundry civil SEC. 4. That if one-half of the tax herein levied upon the real property taxed hv expenses of the Government for the fiscal year ending June 30, 1877, this act shall not be prud on or before the 1st day of September, 1876, Rahl inl'lt.flll- and for other purposes·, which was referred to the Committee on Ap- ment shall thereupon be in arrears and delinquent; and there. hull bl· :.ullletl, to he collected with such taxes, a penalty of 2 per cent. upon t!Je amnuut the1·eof Oil t Ito pro~riations, and ordered to be printed. first day of each succeeding month until payment of said installment and p enult~·. And if said installment Rhall not be paid on or before the 1st day of January, to71 HOUSE BILL REFERRED, together with one-half of ~id original tax dueou or uefore Rairllst day of January: The bill (H. R. No. 3749) making appropriations for sundry civil a like penalty shall be added on said last one-half of saill tax, and the whole to- expenses 0 f th G t f th fis e overnmen or e ca year enc mg one ' 1 r J 30 1877 getber shall constitute the delinquent tax, to be dealt with and collected in the ' manner prescribed by law. All the taxes hen•in le\ierl or which may bereafrer be a net for other purpo es wa~ read twice by its title and referred to the levied upon the real property within the said District of Columbia shall be col- Committee on ~ppropriations. lected within four years from the levying of the same; and tl:l6 collection of taxe.~ w A GRAH M shall not be enforced by law after tho lapse of said four years. It shall be the • • A • duty of the collector to promptly advertise and sell all delinquent property on Mr. SPENCER. I a.sk the Senate to proceed to the consideration which taxes shall accrue or shall be in arrears during his term of office; anrl if any 0 f t'ne un fi ms · h d b · f t d b · H bill N 0 2676 such taxes shall be lost to said Distrlct by reason of the neglect of the collector to e usmess 0 yes er ay' emg ouse • • collect the same, each and every collector whose neglect may have contributeil to .Mr. SARGENT. There are bot two minntes left of the morning said loss shall be responsible to the said Disti·ict for the amount thereof, awl slwJl hour. We might by common consent consider the morning hour as be sued therefor on his official bond by the commissioners of saicl District or their over. · successors in office. - The PRESIDENT pro fcmpm·e., The morning hour has so nearly Mr. SHERMAN. I desire to offer an amendment to the fourth sec- expired that, if there l>e no objection, it will be considered as having tion, and might as wen do it as the reading proceeds. I propo ·e to expired. strike out the word "September" whereYer it occurs and also the :Mr. JOHNSTON. I should like to have the Senate consider a bill word" .January," and insert in lieu thereof-- that will onlytakeaminnte, being the bill (H. R. No. 4:U)forthe relief Mr. CONKLiNG. I think this proposed substitute had better be of the heirs of William A. Graham. It will not take longer than the read through regularly before we stop for amendments. It is asub- reailing of it, I am sure. stitute which for one I do not mean to vote for unless I can find orne 1\lr. SPENCER. There are only two minutes of the morning hour reason that I have not yet heard, and I hope it will be the pleasure left. of the Senator having it in charge to let the Senate understand why Mr. JOHNSTON. This bill can be passefl. in two _minutes. the whole House bill is stricken out and all the e matters propo ed. Mr. SPENCER. I do not like to object, but I will call up the regu- When we come to details we can adjust the needed amendments, if lar order of business at one o'clock. the sub titnte is to prevail. .1\fr. EDMUNDS. Let us hear the report read, if there is one. Mr. SHERMAN. I have no objection to that course, but the Sen- MI·. JOHNSTON. There is a printed report. ator having charge of the bill has shown to me t.hat tho amendment The Secretary proceeded to read the 1·eport submitted by Mr. JoHN- that I suggested is not uecessary. BTON, from the Committee on Patents, on the 19th instant. The Chief Clerk continue complete list for publication of Mr. SPENCER. There are several Senators who will object to the all the real property in said District which shall bo then in arrears for taxe ; anrl, bill. as soon as possible after completing the sail! list, be shall publish the arne, with the notice that if the taxes due, to"'etht'r with the pcnalt.y aml co~ts that may ba\'e Mr. HITCHCOCK. I object to it. accrued thereon, shall not be paid prior to the day named for sale, the propert.y Mr. EDMUNDS. It is qnite obvious that the bill will have to be will be sold at the south front of the city ball, in the city of Washin,!!ton, ou th'o discussed, revivin!.! a patent forty years old and givin!.! an exclusive second Mondav of Octobet·, 1817. and on the same day in each succeedinu:, year ~ ~ thereafter; snell publicil.tion to bo mrulo in the form of a pamphlet for tho' use of right by act of Congress, and opening a good many questions of law the tax-payers, to be is ued not le s than three weeks next prior to aid day of between the people who are making these machines and this prr sent salu; ap.rl the printing of the same shall be done at the Government Printing Oifice pa.tentee that it would be 'ery difficult to decide. Therefore it will at the net cost thereof; the number of opiea shall not excood 10,000; and said take some time to see whether the bill is in proper shape, if it is to pamphlot.s shall be kept at the office of the collector of said District for distribu- tion among the !n any propt>rty 1. ·u ·u t b 1 · d' · 11 . 1 f is not sufficient to meet the taxes, penalty, and costs thereon, saul property shall an d t h e H ouse ul . WI no e, un ess 1ts rea mg lS ca eu or. be bid off for the amount thereof by the said co•nmissioners or their succeRsors in The Secretary read the first section of the substitute, as follows: officl:',inthenameofandfortbeDistrictofColumbiaa purchaser: Andpro1Jidedal~>o, That for the support of the ~ovt"rnment of the District of Columbia for the fiscal That miuors or other persons 1mder legal disability shalt .be allowed. one yt'.ar after year emling June 30, 1877, au1l for the purpose of imposing a just measure of the removal of such disability to redeem any of their property so sold, from the taxation on the property of said District, there shall be, and is hereby, levied upon · purchaser or purchasers, his, her, or their heirs or a. sign , or from the District of all real property in said District, at the rare of 1.50 on each 100 of the assessed Columbia. by the payment of the amount of purchase-money paid thl:'refor, to- value of the same; tllil>t for such purpose, until otherwise provided, the general gather with 10 por cen t. per annum interest thereon as aforesaid, and all taxes an1l assessment of real property made in the fiscal year enuing June 30, 1876, shall re- assessments tllat have been pairl thereon by the purchaser or his as i~us, or whiuh main, subject ouly to the revisions for special causes hereinafter proviued for. may have accrued to tho Di8trict of Colnrubia, between the clay of salH and the pe- riod of such redemption, with 10 per ceut. pt>r annum interest on tho amount of 1\lr. INGALLS. That clause is imperfect from the fact that it does such taxes and a set:~sment , and also the value of the improvement whir.h may not specify that a tax shall be levied upon real property. It says: have been made by or erected on such property by the purchaser while the same was in bis, her, their, or its posse sion, There shall be, and is hereby, levied upon all real property in said Disb:ict at the SEc. 7. That the collector of taxes immediate-ly after sale of any property as rate of $1.50 on each 100 of the assessed value of the same. aforesaid shall file with tho comptroller a written report, in whioh he ball gh·e a The words "a tax" should be inserted after the word "District," statement of the llroperty advertised and the property sold, to whom it "~as as- sessed, the taxes tlno, to whom sold, th~ amount paitl, tho llat of sale, the co>~t in the eighth line. I move that those words be inserted. thereof, aml the surplu , if any, and the la.n rlt:~ as afore ahl solU to tho District. The amendment to the amendment was agreed t.o. Auy surplus remaining a.fte1: the collection of taxes, pcnallies, ~ll costs, on au.v •; d th 1· f th b t•t t f 1 real estate, shall be depo ited oy the collect.or of taxes to tho cretbt of the ~;urplns Th e Chie f Cl ' er k conw.nue e rea( mg 0 · e su 8 1 u e, as 0 - fund. to b" paiU to the owner or owners, or th eir legal ropresenat:lti\·es, in the t;arue lows: manuer a;'l other payments made by the District of Columbia. SEC. 2. That the amount collected under the provisions of this act shall be dis- SEc. 8. Tbn.t the commissioners of tbc District. or tbei.t· uccessor in offic , shall trilmtcd for the purposes required unue1· the va1··ms acts in force in the District appoint 6.\·ecompeteut persons to be a.<;,;es. ors, who shall b<' citi;wns :mtl tax-paycr:t of Columbia, upon a. just :tllll fair apportionment tu bu made by tho commL'lsiouers of said District. anu to ltolu otlico fur the term of one year, tho salary of eaclt nsse:;Ror of tho District of Columbia, t~r their successors in office: P1·ovide.d, Tltat before to be $750; tha.t it shall be the duty of thelJoard of assessors tu inJonu themselves 1876. CONGRESSIONAL RECORD- SENATE. 4119 by all proper ann lawful means, at all times, of all taxable property in the District from any substitute therefor, shall be deemed a brewer: Provid~d, That a tax as of Columbia which may have escaped valuation at previous assessments, and for brewer shall not authorize the sale of fermented liquors in quantity less than one this purpuse all buildin_gs in process of erection, enlar_gement.. or improvemfmt, the pint. work whereon, either by contrac t or by good m:map:emrnt. should be completed on Tenth. Brokers shall pay annually 100. E\·ery person whose business it is to or before the 1st day of July then next ensuing. s u:Lll bP. asse~sed or re-assessed negotiate purohas11s or sales of stocks, bonds, exchan~e, bullion, coin, money, as thoup:b such work was :\h·eady completed. It shall be their duty t~ assess and bank-notes, promissory notes, or other secUl'ities, for himself or others, shall be value and make returns on or before the 1st day of June of each and every year regarded a.'! a broker. of all and every species of property bs til is act made taxable and not before assessed :Eleventh. Cattle-brokers shall pay 50 anuually. Every person whose business and valued; to reduce the asscs'!ment and valuation of any property before assessed it ts to buy and sell, for himsr:lf or. another, cattle, sheep, bogs, or horses shall be and valued which may have been lesseued in value by mean~ of fire or other casu- regarded as a cattle-broker; but livery -stable keepers who have taken ont a license alty ; to incrense the assessment and valuation of any propert.y which may have as such may buy and sell horses on their own account without a-dditional license. been enhanced in value by reason of any addition thereto or improvement thereof; Twelfth. Pawnbrokers shall pay annually $250. Every person whose business and to make such corrections and alterations in previous assessment.'! and valua- it is to take or rereive, by way of pledge, pawn, or exchange, any merchandi.Re, or tions as may, according to their jnd,!!mentand best information. be just and proper, any kind of personal property wbatevflr, as security for the repayment of money having in view the actual ca:;h value of the propert.y. Said asse sora sbaU. be- lent thereon shall be regarded as a pawnbroker. tween I he 1st and 20th da.v of June, 18";6, of which notice shall be {!iven by said as- Thirteenth. Butchers shall pay annually a tax of $50 for each place in the Dis- sessors. holtlll aily sessions for tile purpose of equalizing the asse menta thereto- trict of Columbia iu which they shall do buRiness. Every person whose business fore made by thrm, and for the purpose of bearing and dt·termining any and all it is to sell fresh meats shall be regarded as a butcher. . appeals from 1he valuation theretofore madtJ by tllem. Each assessor shall, at Fourteenth. Carts, wa,!!ons, and drays shall pay annually as follows: Wagons, their meetings aR aforesaid. make full and detailed reports of his acts as such as- $5; carts, $2.!l0; drays, $2.50; band-cart.'!. $2: Provided, That no tax shall be re- s es:-~or. And during this period th··y shall havo lJower to revise assessments there- quired for cart.'! and wagons used exclusively on a farm or garden, or for bringing t~fore made by them , or any of them, by either justly increasin~ or d~inishing frum OJ' garden produce, and not kept for hire. any particular assesRment. Upon the assessment so made and finally re'\"Jsed, the Fifteenth. Tb~ mii.Ila.gers of concerttl, exhibitions, and balls, for gain, not other- tax herein provided for shall b o levied, and tho collector of ta.xe~ shall be in r eadi- wise enumeratetl, or games of any kind, where an admission fee is charged, shall ne88 to receive payment of tho same on and after the lst day of Kovember, 1876. pay for each day M. Said asses orR before entering upon their duties shall respectively talce or subscribe Shteenth. Circuses shkets or stands, whose ~'verage capital does trades. callings, occupations, business, and personal property in the District of Co- not exceed $:l0, shall not be liable for tax. lumbia, in full of alllicPnses and personal taxes, the following, to wit: Twenty-first. The proprietot·s of backs, cabs, omnibuses, and street-cars, and First. Apothecaries shall pay annually $10 on each ~1.000, or fractional part there- other vehicles for transporting paaseu_gers for hire sllall 11ay annually a.~ follows: of, of capital invested. Every person whose business it is to manufacture, com- Hacks anrl c:miages, $10; one-horse cabs, $6; omnibuses, $tO; stre('t,.cars drawu pound, and dispense medicines shall be regarded as an apothecary; but apothe- by oue horse, $6; street-cars drawn by two horses. $10; or other vehicles, capable caries shall not be liabl for an additional tax for selling ot ht'r merchandise, or for of can-ying ten pas~engers or more at one time, $10. the sale of alcohol in any quantity, or for the sale of distilled or fermented liquor Twenty-second. The prop1ietors of hotels shall pay wnually as follows: Hot!' Is or wines for medicinal purposes, in quantities not less than one pint at one time to containing twenty rooms or less, suitable for the accommodation of guests, $25; the same purchaser, and not to be rb·ank on the premises where sold. tile samt', containing more than twenty room8 suitable for accommod_ation of ~nests, Commission merchants shall pay 40 annually. Every person, except commercial $1 for each room over tweuty. Each place where food and lodging are provider! for agents, whose business it is as a_gent for others to negotiate sales or purchases of and furnished tn travelm·s and sojourners for pay shall be re~ardtJd as a hotel: Pro- goods, wares, or merchandise of any kiurl ~hatever, or to ne_gotiat.e frei~llts, shall vided, That a hOtel tax shall not authorize the sale of distilleli. or fermented liquors, be re_garded as commission merchants: Provi!Vd, however, That a permit as com- wines, or cordials. mil'l sion merchant shall not be c~nstrue il to grant the ri!!ht to buy and sell goods as Twenty-third. Proprietors of intelligence offices who charge for services shall a dealer, nor to• allow said merchant, his agent, or employe to offer for sale mer- pay annually $10. chaudise of any kind whatever by sample, exceptin_g articles consigned for sale and Twenty-fom'th. Fire-insurance companies shall pay annually $2on each thousand in pos. e sion of the comlignee in the District of Columbia.. dollar~:~ of capital invested. Every company. tirm, or c01·poration whose business Second. Auctioneers sliall pay 100 annually and a semi-annual tax ou gross re- it is to want policies of insumnce for buildings of any kind, IJoats, vessels, and ceipts oft of 1 per cent., except sales made by order or decree of any court; and the ships fumiture, or merchandise, against loss by fire, shall be regar·ded as a fire-in - rates of char_ges on the sales of real e 'tate at public auction sllall be 5 per cent. surance company. on the first ·200, 2 per cent. on the next $1,000, and~ of 1 per cent. on all amounts Twenty-fifth. Life-insurance comp~tnies shall pay annually $'2 on ooch tllousanrl in excPS~ of that sum. flollars _of capital invested. Every company, firm, or corporation who e business it Auctioneers or others hanng permits to conduct their particular business, who is to insure t.he life of any person, or who may agree t~ pt~y to the person insurccl may be guilty of farming out their privileges theretmd,...r, whether for pay or favor, any sum of money in case of accident to such pen10n, or who ruay agreo. on conlli- to any other person or persons who lla.ve no legal p ermit. for such business, Rball, tions, to pay to the persou insured an annuity, shall be regarded ag a life-insm-auce upon conviction thereof before tho police court, be tl ued for eaeh sucl1 offense in a compan.r. snm not less than the taK herein levied on tbe business tllus almsod. 11. portton of Twenty-sixth. Insurance agents shall pay anuuull.\r $15. and in addition, semi- such fine to be awarded by the court to the informer ; amlin adtlition thereto, such annually, a tax of I per cent. on tho gross r eceipts of s n1'h agency, whether sncl;. guilty prrson shall forfeit hi'! permit and th o tax paid therefor. receipt.'! are cash or notes for the part paymPnt of premiums. Every per on Thirolicitors of in- shall pay a semi-annual tax of 1-10 of I. per cent. on th e averag., amount of depo itK surance for any company they may be authorized to act for without paying addi- helrl during the previous six months. Every incorporaled or other bank, every tional therefor. p er on havm~r a place of business wh ...re credits are opened for the deposit or col- Twenty-se,·enth . The proprietors of junk·shops shall pay $~0 annually. Every lection of money or currency, subject to be paid or remitted upon draft, check, or person whose business it is to keep a store for buying and sell in{! old iron, ra_!!s order, or where money is advancetl or loaned on stocks, bonrls, bullion, bills of ex- paper, srcond-hand clotbin~. or like old material, slinll be deemed a keeper of ~ cban)!'e, or pru mi~sory notes, or where stocks, bonds, bullion, bills of exchan rre, or jnnk-shop. Dealers in old barrels shall pay a tax: of 10. promi sory notes are r eceived for disconut or for sale, shall be reJ!arded as a tank Twenty-ei)! hth. The proprietors of li\-ory stables Phall pay M follows: Not ex- or banker: Provioed, That. sadngs-banks wllose business is continetl to receiving ceeuiu~r ten stalls, 25, and ' 2 fo1· each arltlitional stall more than ten, and $3 for deposHs and loaning Ot' investing tho same shall pay semi-annually a tax of l-20 of each vehicle in service. Any person whose business it 1s to keep horses or backs 1 per cent. on tile average amount of deposits r uceived t.luring the pre\'ious six and ca.rria(J'es for llire, or to k eep or feed horse~, shalt be r egartl ed as a livery-stable- mon: hs ; bu t a,'l~ociatious or companies known a~ p1·oddent institutions, savings- keeper: Provided, That nothing contained in this clause shall be so construed as banks, sanng-fnnrl , or savin~ - institnti t •ns, and doin~ no other business than re- to exempt livery-stab1e-keepers from an additiGnal tax for keeping calls back s or ceidug deposits to be loanrd or invested for the solo benefit of tho party makin~ carria_ges for hir·e at public stands. ' ' such fl epoRit.q, witllout profit to the association or companv, Rball pav annually $50. Twenty-ninth. Proprietors of gr·ounds used for horse-racing or tournaments shall :Fifth. The propriet01s of banooms, sample-rooms, and bppling-llouscs shall pay be r e9u!J·ed to pay a weekly tax of $25, or "5dollars per day, when so liSed. 250 annually. Every place, excPpt an apothecary store1 where fermented bquor.;, Thutieth. PbotOI!I'aphers shall pay annually $20 Any person who makes for wines, or conlials are soltl in less quantities than one prnt at a time to the same sale photographs, amurotypes, daguerreotypes, or pictures by agency of light, shall purchaser. shall I e r egarded a~ a bar-room, sample-room, or tippling-house. bo regardeil as a. photographer. Sixlb. Tho propr ietors of beer·gaJ·dens shall pay $3 per day. Even· place known Tllir ty-flrst. Peddlers shall pa.v $25 annually. Any person who ma.v offer for sale as a pleasure garden or park, where an admission fee IS charged, slla11 bo known as from honse to bouse, or from a wa&on, any kind of merchandise, deli\eretl a t the a IJeer-g:mlnn. But no tax shall be required. for Urpose. business. Anr person Tiolating the provisions of this clause shall, upon convic- Forty-third. La.wyers, physicians, and dentists shall pay annually $25: Provided, tion I hereof before the police court., be .fined, for each such off11nse, not less than That when any lawyer practicing in this District shall have obtained a license un- five nor more than fifty dollars, and a share of every such fine may be awarded by der this act. he shall not be required to obta.in another to enable him to act as a such court to tho informer not a policeman. claim agent or patent a,:tent. SEc. 21. That every undertaker bavin,g: coffins, caskets, or burial-cases not of his Forty-fourth. Architects and notnries public and civil engineers slmll pay annu- own manufa-cture shall be liable as a dealer. ally a. tax of $20. SEC. 2-2. That no person whatsoever shall sell or expose for sale at auction any Forty-fifth. Private carriages for one horse shall pay annually tti, anit for two prop~rty, real or. personal,_within the District of Columbia without having lirsli horses an annual tax of 12. obtamed a. pernnt as auctioneer. Every person who may offer to sell at auction Forty-sixth. Costumers shall pay annually $25. any property or merchandise wi ' bout permit shall bo fined not less than $100 for each Fort,\·-se-renth. Palterers shall pay annually $25. Every person wbo shall buy oftcnse. Every authorized auctioneer and every real-estate agent shall givo bomls and sell pelts, hides, skins, of any kind or descript-ion, shall be regarded as a pal- to the commissioners of the District of Columbia in the sum of $5,000, with good terer. and snflicicnt sureties, to be approved by the commi& ioners, for the honest and Forty-eighth . Owners of goldw11.t-cbes in u.se shall pay a yearly tax on each of $1. duo performance of all unties required by law. Every auctioneer and real-est-ate Forty-ninth. Owners of male dogs shall pay a yearly tax on each of two and a. agent failing to comply with the provi sions of this section and other opernti ve laws half dollars; and of female dogs a like tax on each of $5. Permits to keep dous governing such sale shall, on conviction, forfeit his permit, and be lined nnt l1ss shall be taken out on or before the 1st day of August, 1876, or tlwreaftor immedi- than $100. An v person injured by the action of such auctioneer or agent shall have ately upon acquisition of such property. the right to sue on such bond. Fiftieth. Honsihol d furniture, in use, above the value of $300, upon such excess of SEC. 23. That wherever in this act a tax is imposed semi-annually on sales, receipts, value, and all wharf improvements, sl1:ill pay a yearly tax of 1! per cent. The value or deposits, returns for the same shall be made to the collector, under oath or atlir- of such property shall be :fixed hy tho assessors, ami their returns thereof shall be m:ltion, on or before the lOth of Janu~ryand July of each year, and the same shall made on or b('fore the 1st day of October, 1b76. Such tax shall be paid on or before be due and payable to t.be collector on or before the 30th of said months; and ou the days, in tho manner, and subject to the same penalties for non-payment as here- all such taxes remaining unpaid after the 30th of said months a penalty of 5 per inbefore provided for in cn.se of taxes on property; but no propertysball be exempt cent. shall be added, and it shall be tho duty of the collcet~r to mako tlemand for from seizure for non-p11.yment of tax. the payment of the same. For this purpose, the collector is hereby authorized to SEc. 11. Tbat should not either such half-yearly installment of snoh tax, anrl any employ some suitablopm:son, who shall be entitled to a commi sion of 10 per cent. a-c~;rued penal interest thereon, be paid within thirty eing so due, on the amount t•olleotcu;, and if unpahl for three months after· t-he same bas become the collector may distrain snllioient goods and chattelS bclon_ging to the person due and payable, the coueotor shall transmit the account for tho same to the attor- charged with such tax to pay si:tch tax and penalty, together with the costs of such ney for tho District of Columbia for collection by due process of law. If, in the enforced collection ; that no person shall engage in any trade, business, or profes- opmion of the collector, the returus required by law are underestimated, be shall sion hereinbefore mentioned until be shall have obtained a permit therefor as next have powet· to examine, either in person or by de-puty, the books and. accounts of hereinafter provided. the person making such re turns: and if be shall find that the returns mauo are SEC. 12. That any person engaged or engaging in any trade, occupation, or pro- le s in amount than shown by said books and accounts, he shall mnko an assess- fession whereon an annual or otbe1· tax isliereby imposed shall, before continuing ment for aconect sum, to which he shall add the penalty of 25 per cent. on amount or commencing in business, apply to the collector for a permit, stating, under oath of tax due. or alfu·mation, all the requisite facts in relation thereto, and shall pay tho amount SEc. 24. That all carts, wagons, and drays taxed by tho District of Columbia of money r equired by law in surh case. The collector, if satisfied m the premise , sball, at tho time of receiving the permit) be furnished wilh a. number, legibly shall thereupon issue t-o the applicant the required permit. stating therein the name painted on tin or some other suitable ma.Lm·ial, with the letters D. C. and the year, or stvle of the person, firm, or company to whom , and the term of time for which, which the owner 01· agent shall attach to said cart, warron. or dray, in some con- the same is ~nted j tho nature of the business thereby authorized j and the pre- spicuous place; and in like manner a number shall be grnished, painted on tin or cise place (city, town, district, number of bouse, Rtreet, or roadway) wherein or some other material, in the form of a badgo, which shall bo wom conspJCuously wherever the business thus permitted is to be prosecuted. Each such p ermit shall on the person of the dl'i \'Or of each back, ~;arriat'"'e, cab, or other ta.xed vchide for be ~>igned by the collector and impressed with the seal of his office. .Any such per- the transportation of pnssengers for hire, excep street-cars, wheu in service; and mit may be assigned pursuant to the law and police regulations; and in lil;:e man- any person oilending a~rainst this section shall be find not less than :; for each often. e. ner the location or place of business therein speci.Oetl may be changed; ·but the na- ~EC. 25. That it shall be the <.luty of the collector to keep, iu books prepared for ture of the business shall not be altered without a new permit. Such assignment the purpose, a list or the names of all persons olJtaining permit for carts, wa~ons, and change shall be approved and certified to by tho collector bdoro becoming and drays, and for hacks, carl'iages, and cabs. and other vehicles for transporting operative; and any person found transacting any business not authorized by his passengers. numbered to coiTespond with the number of the permit. p ermit.'!, or transacting any hu~iness in a place not named in his permit, shall be SEC. 26. That for the purpose of this act the word person shall include firms. cor- considered and dealt with as thus acting without a permit. porations, and companies Wortls of one number shall si~nify and include words SEc. 13. That all permits of produce dealers, peddlers, and commercial a~ents of both numbers respectively. The word agent shall signify and include overy shall date from Lho 1st day of .April of each yearaud expire on the 31st day of March person acting for another. The word merchandise shall signify and include every following. 'Ihose for carts, wagons, drays, hacks, cabs, private carriarres. omni- article of commerce, whether sold in bulk, by- sample, catalogue, or otherwise. butles, street-cars. lawyers, physicians, dentists, architects, notaries publlo, engin- SEc. 27. That all laws, acts, ordinances, and regulation now of force in the Dis- eers, costumers, and palterers shall date from the 1st day of July of each year and trict of Coinmbia., toucbing:__JJOlice regulations for the several occupations and expire on the 30th da.v of June following; and all other· annual permits silall date places of business in said lJistrict, not inconsistent with anything herein, are from the 1st day of NoYeruber of each year and expire on the 31st day of October hereby continued in force. following. And the permit of e,·ery person liable to tax after the 1st day of .April, SEC. 23. That all penalties or fines imposed or in any manner created by this act, July, or November atoreRaid shall date from the first day of tbe mODtb in which the or the :lOt of the Legislative .A sembly entitled "An act imposing a license on trades, liabilities began. and payment shall be made for a proportional amount. business, and professions practiced or earned on iu the Distri~;t of Columbia," ap- SEc. H. 'Ibat ever·y person liable for a tax who ma.y fail to pay the same before proved Au... entitled " An act to establish a. police court for tho District of ances, exliibitions, and conc01·ts for gaill, {not in()lm.ling exhibitions and concerts Volumbia, " appro\'ed Junel7. uno, fo1· the recovery of fines and penalties for the given by, or for the benefit of, religious institutions or societies, ) beer-~ardens, cir- violation of ordinances of the late corporation of Washington, Georgetown, and cuses, and race-courses, one-half the penalty shall inure to the use of tne informt.'r. the levy court: l'rmrided, That when any penalty shall be allowed in part to tba SEC. 15. Th::~t in every case where more than one of the pursuits or occupations informer, the judgment anu finding Of tile COUl't shall I:>Ot fort.b that it is for tho hereinbefore descrilletl shall be pursued or caiTied on in the same place by the same District, and sh:dlindicate the amount or proportion thereof for the inforruor. 1876. CONGRESSIONAL RECORD-SENATE. 4121 SEC. 29. That the commissioners of the District of Columbia, or their sucoossors The contrast in the amounts to be contributed by the several sections of the Dis· in office, are hereby authol"ized to aiTan«e the laws relating to t.be taxes imposed tri<'t, it will be seen, are very marked. . by this act in t'he form of circular, and have one thousand copies printed for dis- Should a uniform rate be established the results would be as follows, the rate tribut.ion. tu be printed at the Gi>vernment Printing Office, at the nflt cost thereof. being 1! per cent.: SEC. 30. That the period of redemption be, and is hereby, extended for one year w h" !!to $1 182 ~4 01 coT:~~i~t.~c~~~r~?:~Kr~~:~~~~i~~rt~~;I!~~dt~~~~~~~f ~~~g;~t~~~-~!~X gili~;~~~:::::::::::::::::::: ~:::::::::::::::::::::::::::::::::::: Jgt ~~~ ~~ June ~0, 1874, t'ntitlefl "An act for the _government of the District of Columbia, and for other purposes," as amended by section 13 of an a.ct of Congress, approved . ____ 1 401 790 25 Marcl.t 3, lrl75, entitlecl "An act making appropriations to supply deliciencies in the • • appropriations for the fiscal year ending June 30, 1875, and prior years, and for From which it appears tbatwitb alikerateoftaxation, Georgetown and the county other purpoaes." combined will contribute less than one-sixth of the entire amount. SEC. 31. That t.his act shall continue in force from year to year, unless repealed The injustice arisin~ from rlilferent rates for different sections in the case of per· by n.ct of Congress; and the successors in office to the commissioners of the Dis· sonal taxation, if such tax be sustained, will be readily perceived. A share of stock trict of Columbia. shall have the same powers as are given to said commissioners or a bond, or money is as valuable to the holder in one part as another, and yet it ·by tbi act: Provided. That the tax on real property for each fiscal year after the is proposed to tax such property 1! per cent. in Washington and i per cent. m tho one eJHling June 30, 1877, shall become due a.nd payable on the 1st day of June county. The owner of a horse on one side of Boundary street is to be taxed 1! per precefling -the commencement of each and every fiscal year; and t.he other half on cent., and on the othe.r i per cent. the following 1st day of December in each. a.nd every such year; and said install- Secondly. It is proposed to tax the bonds of the Distl"ict, the effect of which will ments shall be in aJTears and delinquent if not paid on or before said respective be to drive such securities entirely out of the District. days; antl upon their becoming so in arrears and delinquent penalty shall accrue Thirdly. That tbe assessmeht o.f all proferty in the District within the time AA in this act p1-ovidetl. specified in the fourteenth section of the btl is impracticable. SKc. 32. That all laws, acts, ordinanoos, and regulations, or parts thereof, incon- Fourthly. That the sixteenth section of the bill, we apJJrebend1 may defeat the. sistent l.terewitl.t, be, and tl.te same are hereby, repealed. entire proposed taxation. as it is thought men of character suitea to the positions '· PRE "'I DING OFFICER (M D T ue · th h · ) Th · of assessors will refuae the office in view of the penalties imposed. 8 , r. AWESm ec a1r. eques- Objectionsoftechnicalcharactercouldbemadetonumbersoftheprovisionsofthe tion is on the a.~opt.ion of the substitute reported by the Committee bill, butthesewilldoubtlessoccurtoyourcommitteeintheirreviewofitsp•-ovisions. on the District of Columbia. Haviug presented such objections as appear most patent, we have in general .Mr. CONKL lNG. - This amendment which ha,s been read is designed terms to state that the taxation of porsonal property in the manner proposed ap- t o ~SUpersede a House bill seventeen pages and ::t. fraction long. I do people pears to be repugnant to the views and foreign to the customs and usages of the of the District. not wish to call for the reading of the House bill, if we can get in- Itisvervgenerally heldthatsuchatax-exceptperhapsina.verymodifiedform- forma.tion of it-s contents in :t briefer way. Therefore I ask the Sen- would be ID.Jm'ious to the best interests of the Disti'ict. E ] h h h f th'18 One result illustrative of the result of such a tax is already experienced in the a t or f rom AI a b am a, [ Mr· SPENC R, w 0 as c arge 0 measure, advance of from 1 per cent. to 2 per cent. in the rate of interest dem;mded for to state, if he will, the differences, at least the marked differences, loans smce the passage by the House of the bill nuder discussion. Forei~n capital bet.ween the House bill and this proposed substitute which is to take bas been withdrawn, and we are·informed increased difficulty is experienced in its place bodily, and what the objections are to the scheme as pro- obtaining money upon real-estate security. The borrower is already made to pay posed IJy the Honse, which seems in general terms to follow the theory the tax in anticipation of its becoming the law. to lJe found already on the statute-book touching taxation in thl"s The District is very limited in extent. Many of the wealthy citizens have prop- erty just beyond ita limits, where residence can be established to hst per::~onal District. Tho original House bill has not been read at all. I do not property for a. very light taxation. mean to insist upon its being read, provided we can hear from the We deem it proper to invittJ the attention of your committee to the oriuinal tax S en a t or w h at t h e reason IS · f 1· · · h t' b'll f h H bill as reported to the House of Representatives by the majority of the Committee or ( tsmtssmg t e en ue 1 0 t e ouse of the House on the District of Col urn bia. Inclosed rewith is a. copy of that bill anrl snlJstitnting bodily this amendment for it. with a few verbal amendments, and inclndin_g one for a uniform rate of taxation: :Mr. SPENCER. I desire to state for the information of the Sen- Certain changes in so'D.e of the license rates mh:.ht be suggested; but in view of the ator from New York and other Senators that the bill as it came from importance of prompt aet.ion we refrain fi-om making them. the House was a substitute for this bill which we now report. The In our judgment the net amount to be realized fi-om the license system proposed in the committee's bill will be as large as could be anticipated from the other· the bill wllich has jtlst been read to the Senate was reported by the Com- license system can be ,enforced without addi!Jonal. officers or incr~ased exp~nse, mit tee on the District of Columbia of the House of Representatives; wherE-as the personal tax would be both expens1ve, difficult of collection, and odious I think it was almost a unanimous report. With the exception of to the people. :Mr. NEAL, of Ohio, the House committee were united upon the bi 11 It is held, and with apparent justice, that Congress bav:in~ fixed upon the amount to be raised by taxation, the people should be granted any preference in respect to which ha.s just been read. The hill which ha.s just been read meets - the manner of paying it. The license system is one now in force, only more lim- the approval of the commissioners a,nd, as I understand the commis- -ited in its amount; is one to which the community is accustomed; and the bill re- sioner , it was draughted at a meetin!! of citizens, tax-pavers, of Wash- ported by tl.te committee, as we are advised, was apppoved by iniluential citi:tiens ~ J well kno·wn to all cJasses of people in the District. ' ington. That I understand to be the history of it. · The receipt-8 from the bill, as amenued by us, may be estimated as follows :• ?tir. CONKLING. Will mv friend allow me to understand him t Tax on $92,000,000, at l~per cen~. ... .. ...... ... .. .. .. .. ... .. ....... ..... 1,380, ooo Mr. SPENCER. Certainly. Deduct tOper cent. delmquenCies..... ......... ...... ...... ...... ...... 138,000 Mr. CONKLING. Shall I understand that in the House a report -- was obtained also in favor of the bill now proposed as an "mend- Netresultfromrealest.ate ...... ................................. 1,242,000 01 Add ~or licenses _proper, ~ estimated by collector, percentages on de- ment t poSits and l'ecelpts not mcluded...... .... .. ...... .... . ... ....... ..•.. 275,000 Mr. SPENCER. Such is the case. Mr. CONKLING. And when the Senator says the present House 1, 517,000 bill is a substitute, shall I understand him to mean that in the House, The liceuse-tax on furniture aud percentages on deposits of banks and receipts of agents may be estimated at from i125,000 to $200,000, although no data exi11t on this present House bill being offered as a substitute, it prevailed which to found estimates in any sense reliable as to receipts from these sources. against. the bill to which the assent of the Committee on the District Adding to the above amount of $1,517,000 for these items, it appears that the net in the Honse had been obtained t revenue to be realized from all sources will be between $1,640,000 and $1,700,000. Mr. SPENCER. Such is the case. Very respectfully, W. DENNISON, lli. CONKLING. So that the Senator means that the House bill J. H. KETCHAM, comes here as an amendment adopted by the House to another bill S. L. PHELPS, which found its way through its committee; and now our committee Commissioners of the District of Uolumbia.. has reported the bill rejected by the House as a substitute for the _bill Hon. GEORGE E. SPENCER, Ohai1·man OommiUee on the Distnct of (Tolumbia, adopted by the I;Ionse f · U?&ited States Senate. Mr. SPENCER. That is the case. Mr. CONKLING. Now, if the honorable Senator will be kind enough Mr. SPENCER. I think that the letter of the commissioners which to state what the leading differences are bet-ween these two bills, has just been, rea{! fully explains the difference between these two what it was that the House voted down after its committee had rec- bills. The bill as reported by the Committee on the District of Co- ommended it, and what it was that the House adopted in place of lumbia of the Senate is the same bill that was reported by the Com- that recommendation, we shall know something about it. mittee for the District of Columbia of the House of Representatives Mr. SPENCER. For the information of the Senator I will send to and adopted by that committee, I understand, by a vote of. ten to the Clerk's desk to have read a letter from the commissioners on the one. ?tfr. NEAL offeTed a substitute, which was adopted by the House subject, which will explain it fully to his satisfaction. and the substitute was never read in the House. It does not, as I un~ The Chief Clerk read as follows: derstand, meet the wishes of the tax-payers, nor does it meet the OFFICE OF TRE CO.MMISSIO:I'I"'ERS OF THE DISTRICT OF COLUMBIA, wishes of the commissioners. The commissioners inform me that Washington, May 8, 1876. they could not carry out theNeal bill; that it wonldnot be practica- Sm: In reply to the letter of your committee, inclosing to us a copy of a. bill (H. ble; that they could not collect the revenue. They say that one sec- R. 2676) to regulate the assessments and collection of taxes f01· the support of tion, section 14, is totally impracticable. the government of the District of Columbia, and for other purposes, and mviting I do not know, at present, that I desire to say anything further on our attention thereto, we have the honor to present the following views: First, in our judgment the rate of taxation should be uniform in the District. the subject. The present assessment. was made under a law levying the mte of I! per cent. Mr. HITCHCOCK. Mr. President, as a member of the Committee throughout tl.te District, giving, we believe, general satisfaction· and we 'think on the District of Columbia, that reported this bill, I feel bound to that no injustice can arise now should one tax-rate for city and county be ao-ain sa,y a word in regard to it. I do not agree with the majority of the adopted by Congre s. "' 'f_o illustrate the results to be ~htained f~om taxation of real property with the committee in reporting the substitute now pending before the Sen- ;:~~!li%t~:': as proposed, we g~ve the estimated amounts derivablo under it for ate. I do not agree to it, because I believe the mea..,ure on general principles is wrong. I know no reason why all property alike should Wa hington, 78,819,934, at H per cent .... ................. : ........ $1, 182, 23'4 01 not be taxed to support and maintain government. This bill pro- Georgetown, 5,A49,317, at 1 per cent. ..... ............ . .. . .. . . .. .. .. 58,493 17 County, "d, 7d.J,433, at i per cent.................. ................. .. 65,883 25 poses to exempt absolutely the personal property of this Dist.rict-- Mr. SPENCER. The Senator will allow me to interrupt him. He Total ...... .. ............. -·..... . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . 1, 306, 610 43 is certainly mistaken in that. • 4122 CONGRESSIONAL RECORD-SENATE. JlTNE 24, Mr. IDTCHCOCK. This bill proposes, Mr. President, to strike out Mr. HAMLIN. Yes, sir. tbe tax upon aU "moneys, creuits, investments in bonds, stocks. joint- Mr. SPEKCER. The commissioners inform me that it is uttedy stock companies, and otherwise, of persons residing" in the District impcssible to collect a personal tax. of Columbia, and to put in a very extmordinary tax upon the v-ery Mr. HAMLIN. Then let us appoin;, another board of com.rrussioners sma1lest character of business that a can man enter into. I do not who will not tell us that. believe the Congress of the United States can affonl to exempt the l\Ir. SARGENT. There is no difficulty in collecting a personal tax millions of dollars that may be held in bank or loaned here by capital- in my State. ists, idle money comparatively, and tax a man on a hand-cart $2 for Mr. HAMLIN. There is no difficulty in it whatever; none at all. the privilege of earning his living with that hand-~art. I do not be- Mr. SARGE:NT. Wo have had it for twenty-five year . lieve that is in accorda,nce with the genius and spirit of this country Mr. SPENCER. The commissioners say tbat in the instance in and its institutions. At any rate, 1 propose that this Senate shall go which they have tried it they have utterly failed. The people who upon the record upon t.hat question. That is all that I care to say own bonds that they want to get at immediately move out of the and all that I am able to say upon this subject in the present condi- city to their suburban residences in Maryland and Virginia. tion of my health. I simply want the Senate to understand that this :Mr. HAJ.\ILI.N. And if they do go you are just as well off with a substitute does exempt the money of the capitalist, does exempt per- law that would tax them if they were here, and you will hold as much sonal property, while it taxes a man with It hand-cart$2 for the privi- as you can find if you do not, hold it all. · lege of earning his living with that hand-cart, taxes a butcher, taxes Mr. SHERMAN. If my friend will allow me, I desire to say that a ruan with a wagon $5 for the privilege of earning his living with the great body of the personal property of this District, especially that wagon; taxes every kind of business in the most minute and the bonds, are held by corporations and parties who cannot move out careful way. of the District; and therefore there is no difficulty in collecting the Mr. CONKLING. Taxes the man who sells a coffin. tax here just as we do in Ohio; and the failnre to collect this tax Mr. HITCHCOCK. It taxes the man who sells a coffin; it taxes one year ago was a palpable and shameMss repudiation of a law of any man who enters into business in :tny way; it taxes the huckster. the United States. I do not believe the Senate of the United States can afford to put Mr. HAMLIN. I have only this to say: In a conversation wit.h one themselves on the reconl in favor of this. If they can I am entirely of the commissioners I learned from him the main difficulty to ha.ve willing t.hat they shall do so; but I want the privilege of calling been a want of sufficient time between the period when the tax law for the yeas and nays on this substitute. of last year went into effect and the period when the tax mu t ue Mr. HAMLIN. Mr. President, I am very glad that there was at assessed. I have here by me the tax bill of last year, which did em- least one member of the committee from which this bill ca.me to us brace real and personal ·property. Why depart from it this year Y who did not agree to it. I have had a little experience in legislation It is said t.o be found impracticable to collect a personal tax. I deoy here, and of all things that ever came into this body asking for a favor- it, and I say that I get from the commissioners them el vcs this infor- able consideration I think this exceeds everything I ever saw. [Hold- mation: that it was not applied last yearfor the reason that the time ing np the amendment of the Committee on the District of Colum- between the passage of the law and the period when the assessment bia..] I have no command of langua.ge to characterize the thing as was made was not s~fficient, with the force they had, to collect the I think it deserves. Governments, it is said, are instit.uted and laws information necessary to enable them to asses a tax on personal are pa sed for the protection of a man in his person and in his prop- property. Such I understand to have been the reason why it was erty ; and somehow or other there has grown up along with me an not collected last year. idea that that property which seeks a shelter nnuer the regis of the :Mr. LOGAN. I wish to suggest to the Senator from 1\Iaine, in an- GovQrnment should contribut,e its proportion for that protection, an(l swer to the remark of the Senator from Alabama, that there is noth- I confess I am not casuist enough to draw a line of distinction which ing in that remark that people move out to other districts to escape will enable me as a legislator here to say that tlie landholder within the tax. If they escape the tax here, they do not escape H where the District of Columbia shall be the only tax-paye.r. The reading they move to, for the law in those States does levy a tax: on personal should be then "that governments are instituted and laws are passecl property. Hence it is not an escape from taxation by any means. for the protection of a man's person, and a part of his property shall Mr. SPENCER. What I intended to say was, that 1n L871 they pay for that f!Overnment and the execution of that law.'' What is attempted to collect a personal tax in this District and utterly failed the resnlt. T The law affords an equal protection to the personal as to do so; and last year they failed to do so for want of time. woU as to the real estate; and why, I ask, should not that personal Mr. HAMLIN. But let me come back to this amendment. To break property contribute its proportion! the force of abandoning a tax upon personal property-and I suppo ·e Now, I am told-and I have no doubt such is the fact-that this bill I am justified in assuming that there may be, that there are men is agreed upon by the principal men in this city, incluclin~ the mer- within this District who hold taxable assets to the extent of millions chants and the bankers, for those were the words in whiCh it was of dollars, and who will run away to avoid taxation or to get a lighter communicated to me by one of the citizens-men whom I esteem and taxation under another municipality-and to avoi(l the as essment of respect. I am told tha.t the bill was prepared by them, that it is ac- a tax upon personal property that will meet such cases most just1v, ceptable to the District, and that they believe it can be more easily the committee have sought to incorporate and have incorporated enforced than one which imposes a tax upon personal property. That within the bill submitted to us a long series of special taxes, by which, is the theory upon which this bill now offered as a substitute has got as the Senator from New York has well said, while you do not tax hrre. Suppose they bad drawn a bill and sent it to us which in terms specialties, you doillllirectly tax the coffin the poor man is buried in. should have imposed a tax upon a single class of individuals witllin Thoy have sought to replenish the District treasury, not from a tax on this District, would we or could we give to that bill our assent if it personal property, but by a special system of licen es, objectionable met the approbation of ninety-nine persons out of every hundred in tho in almost any point of view. There are but a very few ca ·es which I Districti We are here to vote for a mea-sure which our judgments think may justify licenses. I think they extend only to that cla of shall tell us is just, right, and eqoitable; and we cannot take a prop- cases where no person should be permitted to engage in the business osition from any quarter which does not contain those propert ies, unless he bas the authority of a license from a proper board, which is however acceptable it may be to the gentlemen from whom it comes. a certificate tha,t be is a proper man to transact that kinu of uusiu ss. But I assume that, while it is the wish of a very worthy and a very When you step beyond that, and undertake to impo e a special tax large proportion of the people of this District, t.hero aro thousands by way of license upon your butcher, upon your mechanic, npon every of men in the District., who toil, who have as much interest as others branch of industry, you make it a very objectionable system; becau e who have been consulted ih framing and preparing this bill, who do there is added by that butcher, by that mechanic, by the pawn- earnestly protest against it; ancl I say that every Senator stands here broker, who is a known extortioner everywhere, the amount which he in his ofticial capacity to-day as the protect.orofthe minority, oveuifit pa,ys for the license, which is to go back into his pocket from those consist of only one man, and that we may impose no ·i njustice upon with whom he deals and to whom he sells. Is not that vastly more a minority even in this Di trict ; and this measure does impose a gross objectionable than that we shall place a tax on the actual va.lue of and outrageous injustice upon the people of this District. the property in this District' It seems so to me. · The chaliman of the committee tells us that this bill was reported But p;o oue step further and look into this sy tern of special tax:n.- to the House, and that it was so obnoxious to the body-he does not tion. You impo ·e upon the lanuholder-yea, and who is the land- say that, but I do-that the~T' believing they coulr- actly what "watered stock" means. When a stock is of a give.J;l sonal tax, because there are serious difficulties in levying a personal amount, and they issue certificates to twice that amount, and still tax in this city; but because these men have undertaken to disregard tha~ stock will command in any market more than pa.r value, tha.t is a law which is considered just by the wealthlest communities in this a kmd of watered stock that does not hurt much, and I do not call country. I believe they have such a one in New York and Massa- that very much of a watered stock. I think watered stock is very chusetts; they have laws which tax: personal property aud corporate much like where a man gets more in his whisky than he wants. property in all the States. That these assessors should disregard it [Laughter.] seemed to me aprett.y high-handed proceeding; and the-r efore I think 1\lr. President, these are very briefly some of the views which have we ought now to try these assessors again; we ought to make it tlle pre~ented themselves to my mind. I could illust-rat-e them by going express aml bounden duty of the commissioners to see that this law tllrough with almost every specific license which this bill proposes to is executed; and if an as e sor fails for a single day to perform his grant. But I hold that the whole system of licen ing is thoroughly duty, W«" should require t-h e cornmisHioners on their responsibility to and raflically wrong, and should be kept strictly within the limit remove him promptly and see that the law is enforced. Even if the which I have named. No licenses of any kind or Q.escription should law was wrong, they bad no business to ignore it and nullify it. be required except in those particular species of business which re- The difficult.y tLbout taxing personal property in th1s District has quire a peculiar kind of man to t.ran act them, and theu the license been exaggemterl in a gl'ea.t memmre. I do not think that ordinary should be given him only upon examination aml from a board who furnitm·o ought to l>o taxeu, the furniture of an ordinary household, 4124 CONGRESSIONAL RECORD-SENATE. JUNE 24, because that is generally pretty fairly distributed. There ought to all the trouble in this case. They have handled it very gingerly, aTI(l be a. certain exemption made, so as not to be guilty of espionage. intend to do so hereafter. My friend from Ohio has (lenounced tho But the stock and property of corporations, banks, railroad compa- commissioners, who are three excellent gentlemen. I do not think nies, and gas companies, certainly ought to be taxed. The property much better commissioners could be had if we are to have this kind of the Washington Gas-light Company, a wealthy corporation, per- of goverr ment. My friend bas denounced them as having nullified sonal and real, ought to be taxed. So of all the railroad companies; the law of Congress. tbrir cars and all their property ought to be taxed, and the stock of :Mr. SHERMAN. Not at all. I say the assessors nullified the law. the corporations ought to be taxed. Tbn.t would gren,tly tend to Mr. MORTON. Well, the assessors were under the commi sioners, swell the list of property; and, besides, it ought to be taxed at the and the responsibility comes right hom~ to them. I understood my same rate as real property. For instance, $100,000 invested in a bank friend to apply it to the commissioners, to say that they had nullified ough t. to be taxed not at the rate of $1 a. thousand, but ought to be the law of Congress; and the commissioners have presented to Cou- tax< d at the rate of a dollar and a hS\.lf a hundred, just like real ~ress this bill which my friend from Maine finds so execrable and so esta.te. A house, the homestead of a poor man, although it-may cost mfamolls that he cannot even give it a name. bn t a thousand dollars, will be taxed $15 under this bill; but the same What is all this trouble f Here is blundering on blundering. It is thousand dollars invested in a corporation would only be taxed $1 in- the effort of Congress to control the domestic concerns of 150,000 peo- stead of $15. That is grossly unjust. ple in this District without knowing anything about them; without I am inclined to think also that there ought to be blended with consulting them ; without giving them a representative or a dele~ate this form of taxation a system of licenses, because I believe the sys- in any shape or form. It is ''taxation without represent.ation,' in tem of license taxes proposed by the Senate Committee on t.he Dis- violation of every principle of our Government, in violation of the trict of Colnmbia is a wise one and would tend to give a very good principles especially of the republican part.y, and of the democratic revenue without much burden. Perhaps they have carried it too fa.r; party also, or that part of it which is entitled to be called democratic. but I think many of these license taxes ought to be imposed. For Here is a bill now to tax 150,000 people for their local and domestic instance, the tax on pawnbrokers, the tax on various articles of per· concerns, to provide for those things which belong to them exclu- sonal property like pianos, gold and silver watches, private carriages, sively, and which do not pertain to the property or to the bllsiness of and the tax on certain employments. I do not know how it is in the nation. None of them are consulted except a few gentlemen who other States, but in Ohio we tax certain employments, and that is a get together and n·ame a bill and get these commissioners to bring fruitful and proper source of taxation. I see no objection to it. At it in, the effect of which is to relieve them from the payment of tax- the same time I think this bill ought to contain a tax on personal ation, leaving out their paying stocks, leaving out the capital of the property within proper limits. District. The capit:tl ie not taxed at all. I am told that there is I call the attention of Senators who propose to take the House bill one man in this District who has 1,000,000 at interest and will not to t-he fact that the House bill has no machinery to carry into effect pay one cent under this bill. I have no doubt be would be very much the personal tax. I call the attention of the Senator from Nebraska in favor of this bill and of having Congress perpetuate this system who proposes to take the House bill to the fact that it is entirely de- of government. The fault is a radical one, and we have ourselves to fective. Section 7 is the only section that provides a ma-chinery for blame for it. levying taxes. I suggest to my friend that there is no use of having any feeling on Mr. CONKLING. I should like to ask the Senator a question be- this subject. I think my friend from Ohio is in part responsible for fore be proceeds further. Here is an act standing in the statutes, it that Consress has undertaken to govern this people in their local passed on the 3d of March, 1875, which does tax real and personal and domest1c affairs, withholding from them all representation. property. The defect in the act now is obvious on its face: it was an Mr. SHERMAN. Does the Senator refer to my colleague, [Mr. act for a single year. What is the objection, by a simple provision- THURMAN f) a very brief one would do it-to perpetuating or continuing this act; Mr. MORTON. I refer to my friend from Ohio right here, [Mr. and, if there be any defects in this act amending those defects f SHERMAN-] I understood he was opposed to the restoring of sufffrage. What is the need of re-enacting all the machinery and all the sub- 1\ir. SHERMAN. 0, suffrage. stance of a tax hill for this District, when here stands an act good, Mr. MORTON. My friend says "0, suffrage." Certainly; that is except that like an appropriat.i on bill it is annual, but it can be ex- the very thing. He was opposed to that. tended, and if there be defects about it those defects can be pointed Mr. SHERMAN. The reason why I expressed myself in that way out and cured. wa-s that I thought the Senator wru~ charging me with the responsi- Mr. SHERMAN. There is a defect in the House bill to which I will bility of my colleague, who framed the law under which the present call attention. It is the only section in the bill which -provides for District government was organized. I had nothing to do with it. I the mode of assessing personal property. How far it is like the act therefore throw off that responsibility, as my colleague is perfectly of last year the Senator can see by looking at that act. The eleventh able to take care of himself. section of the bill before us from the House provides: In regard to the government of the District by commissioners, I That the commissioners of said District, or their successors in office, shall cause think myself it is the wisest mode. I am willing to say that I believe to be prepared a printed blank schedule or form, for sta.tem('ont of personal prop- commissioners are the best to govern a municipal corporation. If erty, mcluding moneys, credits, investments in bonds. stocks, joint-stock compa- there were an election of officers to represent the District in Congress nies, or otherwise, subject to taxation under this act, together with deductions au- or elsewhere, I should think differently; but for the management of thorized to be allowed, to which shall be appended an affidavit settin..,. forth that the foregoing presents a full and true statement of all the person~ property, the internal affairs of a municipal corporation I believe a board of moneys, credits, investments in bonds, stocks, joint-stock companies, or otherwise, commissioners is the best. I will state also to my friend that in Ohio subject to taxation, t~getherwith the amount of indebtednf'ss on arcountof which they have adopted -this system for Cincinnati, and in New York they deductions are claimed; and the assesso~ provided for by this act shall deliver t~ have adopted It for that great metropolis, and they have adopted it each person. in almost every city with a hundred thousand inh:tbitants. When The words " corporations, banks, banking companies, or partner- Indianapolis gets large enough, they will have to adopt it there. ships" are omitt.ed, although in the first section the tax must be Mr. MORTON. It has not been adopted in any way like the sys- levied upon these as well. The Senator will therefore see that no tem of having these commissioners here. In Cincinnati the people notice is required to be given to anybody but a'' person," while the electamayor and they elect a common council. Itissoin New York, first section of the act provides that "all corporations, bank~: or and so in other cities which control their local and dome tic affair . banking companies," &c., shall be subject to a tax on real and per- No such system as this prevails anywhere; but the argument inbvor sonal property. There is no provision in the eleventh section for of it here is equally good everywhere else. I should Jike to see the serving notice on banking corporations and companies. gentlemen who argue for it here go home aud argue for it in their Mr. ALLISON. Section 17 of the House bill, I think, covers that own States. The argument against suffrage here is an argument question. - against suffrage everywhe1·e, if it amounts to anything. 1\fy uemo- Mr. SHERMAN. I think it does. I think very probably the de- cratic friends are opposed to suffrage in this District because the finition of the word ''person," as given in the seventeenth section, negroes vote, and they do not want them to vote; and we have some might include and does include firms, corporations, and banking other gentlemen who are opposed to suffrage because they can control companies. the affairs themselves without suffrage, as they have sn bstant.ially done. I do not see then but that with these modifications and some more I can see no reason why the capital of this District should be ex- stringent provision as to the duties of assessors, _Qlncing those high empted from taxation. There is a man in this District, I am told, contractin.-r parties who override and overrule our law under some who has $1,000,000 at interest and by this bill he will not pay one proper authority, it would be better to follow the suggestion of the cent of tax upon it, whilo the laboring-man who has managed by ac- Senator from New York. I think we ought to do so; that these peo- cumulations from year to year to get a little piece of property worth ple who are appointed under the act ought to be willing to recognize $500 is taxed upon it. His little homestead is taxed. Hero is a bank our power to a.p point t.hem. They evident-ly drew their pay, and if with a capital of a quarter of a million of dollars and it pays no tax they drew their pay they certainly ought to perform the duties jm- upon it under this lJill. There is a little ta.x npon deposit , but no posed upon them by law. tax upon the capital of the bank. Every bank in my State pays a Mr. MORTON. I agree with the most that has been said about the St.ate and a county and a city tax, if it js located in a city. cbaracter of this bill, and yet I think there is no occasion for sm'prise Mr. CONKLING. So it is in every other State. or for any exhibition of feeling on the subject. I observe that both Mr ..MORTON. I presume it is that way in every other State in my friend from Maine, [Mr. H..urr.m,J who ruadc a very able and this Uniou; but gent.leman arrogate to themselves the privileg of somewhatimpetuousspeech,and myfriendfromOhio. [Mr. SUERMAN,] dictating the l)olicy of this District and provide :1 bill to exempt a1l who followed him, have very carefully kept away from the cause of capital from taxation. 1876. CONGRESSIONAL RECORD-SENATE. 4125 0, no, Mr. President, when we come right back to it, the difficulty in order. That is objectionable to the Senate and objectionable to is radical, it is fundamental, and there is no escape from it. As re- me. I could not vote for it, because it exempts from taxation all kinds - publicans we ought to be-l wa-s going to say ashamed of it; I be- of personal property, e.x cept only the furniture that may be in t.he lieve I will say it; because in doing so we violate a fundamental houses. Therefore I think it would not be a wise law. On the other principle of this Government. One hundred years ago our fathers hand, the House bill does not contain, in my judgment, the necessary decla.red f.heir indepf'ndence from England because of taxation with- machinery to carry it into execution. The time bas run along so far out representation, and here are 150,000 people who are to be taxed that it will have to be changed iu all its material provisions. That wit bout being consulted, who are to be outraged without having even would be required to be done within ·so short a time, that it cannot a chance to remonstrate. probably be done at all. Therefore, if it is to be considered, it must I have called attention to this fact before and I shall do so again. be revised. Neither of these bills is the bill proposed by j;he com- So far as I am concerned I do not intend to vote for any bill taxing missioners who are charged with the government of this J)istrict. this people without their consent. As a matter of principle, I will Early in the session they did prepare a bill which they felt would en- not do it. I will not vote either for the bill reported by the commit- able them to carry on the government of this District without trouble. tee, or for the House bill, or for any other bill of the kind. I know What was thaU Here is the bill; I hold it in my band. It was referrecl the time will come when you will be driven to give this people a local to a committee of the House, and seems not to have been acted upon domestic government. ·I have no fear about that. It ma.y not come by th~ House. At any rate, it is not either of the bills before us. this year; it may not come next year; but the time will come when That bill provided (and it is the main feature of the bill) for a tax of you will be driven to give to them a government in harmony with $2 on each $100 of all property, real and personal. The bill presented the general character of our institutions. Yon cannot govern them to Congress by the commissioners did provide for a tax of 2 on each wisely; you cannot govern them intelligently and well. I do notre- $100 of real and personal property, without the complicated system flect upon these commissioners, and there is no occasion to reflect of license taxes contained in the bill now proposed by the Senate upon them. They are doing as well as they can; but they are mere committee. These propositions are before us, and also the additional proconsuls; they are not of this people; they are not responsible to proposition offered by the Senator from New York, [Mr. CoNKLnm,] this people; they are not dependent upon them. They have none of tlutt we take the law of the last session and continue it in its vitality tho obligations that make officeFS wise and faithful to those for whom for next year, instead. of leaving it an annual law. I do not care they are to provide. which is adopted. Of course~ so far as this bill is concerned, I could not vote for it, Now, Mr. President, I desire to say as a matter of justice to these even if I were willing to vote for a tax bill. I believe there is prin- commissioners, whom I certainly do not wish to arraign and whom I ciple still in government. I believe that our Government is based do not know that anybody arraigns, that they are not here in favor upon certain great principles. It may be unfashionable now to refer of either of these tax bills. It is a matter for Congress; they have to them. We may have come to the time when we are so practical no power over it; they have no interest in it. The question is for us and so at'bitrary that all principles are obsolete. We are told that to decide, and they must execute the law that we pass. At the time under the Constitution Congress canJ.overn this District and must the matter last year occurred I watched the proceedings to see whether do so. That is a poor, miserable, pitif , contemvtibleevasion. From or not these commissioners, who are our agent.s, were guilty of any tho very first year that this District was ceded to the United States, laches, and I feel it due to them to ask the Secretary to read as part Con~ress provided for it a local government, and they got along with- of the record, and to be placed upon the files, what actually occurred out trouble, having a local government until three years ago. It was between the commissioners and the board of assessors, who seemed to abolished temporarily on the 23d day of June, 1874, to be restored, it be a kind of imperium in imperio and to have the control of the matter was uuderstood, in December following; but it never has been re- to suit themselves. I ask in justice to the commissioners that certain stored, and now the purpose is avowed not to restore it. Those who correspondence that occurred between them and the assessors shall doul>t suffrage, who doubt the people, have grown so conservative now be read. I send it to the desk. th:tt they want the people to be governed by commissioners, and The Chief Clerk read as follows: avow their purpose never to restore the government to this people. [No.1.] I tell them they will change their mind. I have no hesitation in say- OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA. ing that. This people will hn.ve their government given back to Wll8hington, April 5, 1875. them; but it may not be for two or three years. This thing goes on Sm: We send herewith schedule of the listing by the tax-payers of the District blunderingly now, getting worse and worse every year, untii when it of personal property for taxation pursuant to law, and will hold ourselves in readi- can be no longer endured, Congress will allow them to have a gov- 1deliver.vness to furnish the assessors whatever assistance they may need for the prompt of the same and for the discharge of all their other duties. If yourself ernment.. and colleagues apprehend any serious difficulty in the way of making personal de- Mr. SHERMAN. I do not wish to follow my honorable friend from livery of the s.che(lules, you will please so advise us, and we will appoint such as· Indiana in the discussion of his favorite dogma of popular suffrage sistants as your board may deem necessary. as applied to the people of this District, because perhaps on general Very respectfully, W. DENNISON, principles I would not differ with him that popular self-government J. H. KETCH.d.M, is the only proper mode of governing men. But experience has shown S. L. PHELPS, that in the government of cities tile power of popular government Commissioners. must be somewhat restrained in order to accomplish the purposes of WILLLOI CLAGE'l"l', Esq., (]hairman Board of Assusora. municipal government. In the management of a State government or in the exercise of political ri~hts all men are equal, and must be [No.2.] equally considered in the admimstration of the gov~rnment; but ex- OFFICE OF THE BoARD OF ASSESSORS, April6, 1875. perience ha.s proven not only in this country but in all countries that GEllTLEMEN: I have the honor to acknowled,!!e the receipt of your letter of the municipal corporations are somewhat different in some of their pow- 5th instant and the schedule for listing personal pro\)erty for taxation. ers, and must be governed by boards or commissioners. It is the The boarcl of assessors is now engaged in assessing the real estate of tho Dis- practice in every large city in the Union that I know of. to adopt a trict, and they find the present a!'sessment so unsatisfactory and that it presents government by boards and commissioners in the most important func- so many instances of inequality that their labor will be much heavier than was anticifated. They will, however, proceed with all possible ilillgence in the execu- tions of city government. It is so iu the city of New York. During tion o the law. the last winter, after lonrrr discussion in the State of Ohio, for the city If this board should conclude that any assistance can be afforded them in the of Cincinnati we adopte( two boards, one a board of police commis- performance of their duties under the law which will facilitate their labors, they sioners, and another board, the name of which I have forgotten, which will avail themseh·es of tho proposal contained in your letwr and duly notify you. Yours, very respectfully, practically has power over the public pnrse, so that no money can WM. H. CLaGETT. be disbursed or appropriated except by the consent of that board. Ohairm{J.n of the Board. That has been the custom; but that is neither here nor there. These The Hon. COMMISSIONERS OF THE DISTRICT OF COLUMBIA. commissioners were a provisional government organized under a law not long since to bridge over a difficulty. As to whether the people {No.3.] here in the District of Columbia should be governed by their own OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLtThffiiA, common council or something in that way, I do not wish to contest Washington, April1, 1875. with my honorable friend. It is sufficient to say that the govern- SIR: Referring to your note of :xesterday relative to the delivery of schedules, I ment now existing in this District is a ~overnment of commissioners, am directed to ask that your boal'd will not be embarrassed by any suggestions of the commissioners limiting the delivery of the schedules to the members of your and the on1y question now is whether tnis year the amount that these board personally. The commissioners advise your board to have such assistants as people ought to pay to carry on and support their own government, it may deem necessary to aid in the delivery of the schedules, and this was the necessary to carrry on their schools, their police, &c., shall be raised meaning they intended to give in their communication to you, t.o which your note by one kind of tax or another. of yesterday is a reply. It will not do to put the delivery of the schedules in jeop- ardy from any cause. · The Senator from Indiana proclaims his purpose to vote against all Very respectfully, taxes until this question, which he considers of prime importance, WM. TINDALL, Secretary. ja settled. Would he stop all the public schools f Would he stop the WILLIAM H. CLAGEIT, Esq., police f \Vould he dissolve all the functions of government here f Cer- President Board of Assessors, &Jc. tainly not. We must therefore provide a reasonable tax law, so that the people of this District shall contribute in some degree their share [No. 4.1 As8RBSOR18 OFFICE, of the expenses of their own ~overnment. Wa-shington, Ap1'il 12, 1875. There are three bills here, each of which I have glanced over, but GENTI-EMX~: It will be utterly impo. sible for ~ltis board to comply with the L'lw not read carefully. The Senate committee's amemlment is the first nn(ler an act of Congt"ess, March :l, h !'i5, in making personal dell ~ery of the schcd· 4126 CONGRESSIONAL RECORD-SEN.A.TE. JUNE 24, ules as required by that act. We find unforeseen difficulties in the a. sessment of sum. Taxes are levied on the people throughout the District for the the real estate, anc\ all om: time will be required in order to complete the equaliza- purpose of , upporting a government for the protection of the people tion of the same within the time allowed by law. Very respectfully, in their property and their liberty, and each man ought to pay·in W. H. CLAGETT, proportion to the amount of protection which be receives. We all Chairman Board of Assessors. know tllat the people in the city of Washington have privileges that The Hon. COIDnSSIONERS OF THE DISTRICT OF COLUMBIA. the people in the city of Georgetown do not have, and that the people !.11·. SHERMAN. Now, Mr. President, it. is apparent that the dif- in the city of Georgetown have privileges that the people of the Dis- ficulty last year waa that these assessors were called upon to assess trict outside the two cities have not. The people of W a.c:;hington have both real and personal property ; and they said they could. not do a higher degree of protection; they have better streets, they havo both. They could have done both by employing assist.a nts, and the better sewerage, they have a more thoroughly organized and more commisltiflners offered to give them assistance ; but they doubted thP-i r numerous police; they have a thousand advantages that the people power to do this business by deputies. There is no trouble about it. in the city of Georgetown do not have. So in the city of Georgetown A deputy, any boy, any lad, might have left the notice around at t.he the.people have many advantages that those outsiue of the two cities different huu.c:>ea for personal property; but they felt that they had to do not have. They llave the advantage of police, gas arrangements, do it, and tlley :finally depointed by the President, and I t hink the governed. It 1s a w1se and proper regulatiOn and a regulation essential to our s~stem of g~ver.nme~t. If, sir, we were to blot out these provisions That was true one h.nndred y~ars ag:o, and it is trne to-day. And of the Constitutwn, 1f we were to break down these limitations and the government of thts people m therr local and domestic aff:1irs ~urn the whole Unio!l into a mob, we might expect t.he fate of Mex- should derive its powers and its administration from the conseDt of Ico and other countnes t~t have attempted republican re a local and domestic government of their own. I do not see fit to go into. Mr. MERRIMON. May I a-sk the honorable Senator a question T The general idea of the House bill is that all property whether Mr. MORTON. Certainly. . real or personal, should pay a contribution to the support of the crov- Mr. ME~R~MON. They h~d suffrage; and who took it away.from ernment of ~he District. It goes upon the theory that the rev~nue them' "as 1t tile democratic party or the republican party f should. be ra1sed by a tax on property. It provides for no poll-tax· Mr: MORTON. I believe I must confess to my Rorrow that there- it eschews. all poll-tax. It goes upon the theory that the revenh~ publican ~arty had something to do with taking it away. but they must be rmsed by a tax on property, and that raising it by a tax on were unammously sup~orted . u~ the d~mocrat.ic party in that effort, property you m~y ~~ properly tax personal property as yon may tax and now the democratic party IS unammously opposed to givinsult of full of all licenses and perROnal taxes, the followinf!, to wit: their doctrines on this floor. First. .Apotbooa1ie~ shall pay annually $10 on ea~h thousand dollars or fractional part thereof, of capHal invested. ' Mr. MER}UMON. Will my friend allow me just a momentT Mr. MORTON. Yes, sir. Now let us go on: !Jr. :MER~U.MON. He does not want to do me injustice. What I Dealt-rs in m~rchamlise, of any kinll whatever, n?t otherwise provided for, shall sa1~ was t~1s: That I s~ood by suffrage, t.he suffrage of every body pay an1:1ually. -> on each thousand dollars, or fractional part thereof, of capital in- vested m busmess. entitled to It; but that, m order to preserve suffrage and liberty it was necessary that suffrage should he regulated by law. And 'we Will somebody tell me some g~od reason why an apothecary should must stand by the law as well as by the suffrage. . pay double as much tax as a dry-goods merchant f Mr. MORTON. What does that mean," regulated by lawf" My Mr. RPENCER. Because his profits are ~o much larger. friend means that it shall be so regulated that a great many men Mr. THURMAN. How do we know that t :who vote now should not vote. It is regulated by law everywhere· Mr. SPENCE~. It is generally un~erstood that an apothecary 1t bas always be.en. That means nothing in itself. But the whol~ makes a profit of 100 or 200 per cent., while a merchant makes a profit ?-rgumcnt is th~t ~uffrage is too general, that it is too universal, that of from 15 t.o 25 per cent. 1t ought to be hm.Ited; and I ask my friend from Ohio, an<\ my friend Mr. THUR~JAN. I do not think any man would make the ]are, executive, and ,judicial expenses of the Government for the year ending June 30, 1877, and for other purposes, having met, after full and free con· Mr. CONKLING. In order that the suggestion may be before the ference have been unable to a,~YI"ee. Senate, I offer a,s a substitute for the bill and the pending amend- LOT M. MORRiLL, ment this : WM. WINDOM, That the act of Congrees entitled "An act for the support of the government of ROBERT E. WITHERS, Managers on the part of the Se-nate. t11e District of Columbia. for the fiscal year ending June 3fl, 1876, and for other pur· poses," approved March 3, 1875, is hereby re-enacted for and during the fiscal year SAMUEL J. RANDALL, ending June 30, 1877. WM. S. HOLMAN, CHARLES FOSTER, Mr. SHERMAN. The Senator will observe that the act waa passed Managers on the part of the House. in March, and has expired. Mr. EDMUNDS. I should like to inquire which House asked for Mr. CONKLING. It is dead. the conference on this bill f Mr. SHERMAN. That act requires certain acts to be done in the Mr. MORRILL, of Maine. The Senate. m'lnths of April, ,May, and June, and they cannot be done now. Mr. EDMUNDS. Should the report be made here in the first in· Mr. CONKLING. Those things have all passed away. stance, then f Mr. SHERMAN. But they must be done before the tax cau be 1\Ir. MORRILL, of Maine. The Senate was the party asking the levied. conference. Mr. CONKLING. Let the Senator look at the act and suggest an Mr. EDMUNDS. It is a good deal like the old lady's indigo, but I amendment. had the impression that the rule was exactly the other way. The Mr. SHERMAN. I submit to the Senator whether it is not neces- Chair can inform me. sary to have something like this: Mr. MORRILL, of Maine. We had the papers and asked for the That said tax: shall be levied and collected in the mode and manner, and with like conference. exceptions and qualifications, as provided by the act approved March 3, 1875, enti- Mr. ED~fUNDS. In asking the conference you had the papers; tled "An act for the support of the government of the District of Columbia for the fi::~cal year endin~ June 30, 1876, and for other purposes; " and where by the pro- but then they went back to the House and the Honse agreed to the visions of the srud act the time or times for the performance of any act or duty conference. cannot be complied with, the commissioners of said. Distric~ s~all prescribe tha Mr. MORRILL, of Maine. Yes. - time for the 9erformance of such a{lt or a~ts, and satd com1D18s1oners are here~y Mr. EDMUNDS. And so, the House having the papers, the report authorized to make such rules and regulations as may be necessary to carry sa.1d act into effect and collect the tax on personal property provided for in said act. should go to the House in the first instance. Mr. SARGENT. I hope the Senator from Vermont will not inter· The act, which is before me, provides for certain things being done pose any point upon the conference report. . in .A.priJ, Mf\,Y, and June. Mr. EDMUNDS. I submit that point of order. It is of no account Mr. CONKLING. Are those the dates of assessment f in this particular instance that I know of; but it is quite proper in Mr. SHERMAN. The assessment of personal estate. this state of things that we should observe the utmost decorum to- Mr. EDMUNDS. That act as to personal estate was not put into ward the House of Representatives. .A.s I underst.and it, the body execution. ask'ing for the conference never acts first upon the report. l'l1T. SHERMAN. Not as to personal property. It is therefore Mr. MORRILL, of Maine. It Aeemed to lJe understood in the com- necessary to have a time fixed. mittee of conference that the report should be made here first. Mr. MORTON. I inqrure whether or not, at this session, we did 1\Ir. EDMUNDS. I remember that question waa up on the bounty not pass an act which to some extent modified it Y bill a year or two ago when we fell into exactly such a difficulty. :Mr. EATON. I was about to make very nearly the same proposi- Let us look at t.hat. tion whi0h was offered by the Senator from New York, differing in Mr. MORRILL, of Maine. The usage perhaps has been as the Sena- one particular. I propose that the bill of last session, the present tor supposes; bnt it may be done either way, doubtless. la.w on the statute-book, together with these bills, be referred to the 1\lr. SARGENT. I hope the Senator f!om Vermo~t '!ill not rai~e .a. Committee on the District of Columbia; so that if any alteration be point of order on this reporli. Unque~twna~ly he .Is nght; but It IS necessary in the law such alteration can be made. I have no idea not pertinent here. The other House IS not m sess10n, and we do not Hm.t at this late davin the session a satisfactory tax bill can be per- want to recall the committee of conference. fected. I do not kllow that there is a tax bill in any State, or in any Mr. EDMUNDS. The propriety of procedure, ~onsidering the state community in the United States, that is entirely satisfactory to that of the thing, is probably of considerable more rmportance than the community. Therefore my honorable friend from Kansas is entirely mere form. right in the opinion he has expressed. Mr. SARGENT. Sometimes, however, it can be waived. There is Mr. CONKLING. If the Senator will allow me, I will withdraw nothing vital in the question. my amendment. I am satisfied that his suggestion is the true one. Mr. EDMUNDS. First let me ascertain whether I am right. L~t this bill go to the committee and they can consult with the com- Mr. SARGENT. The Senator is right, tmqnestionably. · missioners and change such dates as are necessary, in their judgment, 1\Ir. EDMUNDS. I submit the point to the ruling of the Chair. and they can report it back in a day or two. I think that the ,better The PRESIDING OFFICER. The Chair understands that to the wav. House granting the conference the report is to be made first. l'llr. SPENCER. It _is very necessary that we shall have this bill Mr. EDMUNDS. That is as I understand it exa{}tly. · acted upon immediately, and I will consent to the course proposed, Mr. MORRILL, of Maine. That is undoubtedly the usual prac~ice, provided we can have the privilege of taking up the bill on Tuesday, but not invariably, and in this instance, the House of Representatives when we shall be able to report to the Senate. not being in session, the form may be waived. Mr. CONKLING. I do not think there will be any objection to that Mr. EDMUNDS. It will not help the matter because the House is understanding. not in session. If we are to ask for a new conference, the House not Mr. INGALLS. Why not before Tuesday f Say on Monday. being in session will not help it a bit. Mr. SARGENT. I have no objection to any arrangement that is Mr. 1\!0RRILL, of 1\!aine. It will, insomuch that we can act upon subject to the appropriation bills. The Army bill comes up on Mon- it now and send it to the House for action at their meeting on Mon- day. day. Mr. SPENCER. If by general consent it be understood that when itfr. EDMUNDS. It is a mere matt-er of form. The House will act we report this bill back it shall be acted upon immediately, I have no on it on Monday and send it to us, because of course both Houses will objection. acrree to a new conference. I should like to have the rule read. 0 Mr. CONKLING. I suggest that the Senator needs no general con- The PRESIDING OFFICER. The Secretary will read the rule. sent, and especially if the judgment of his committee should be in fa- The Chief Clerk read as follows: vor of such a suggestion as that now made by the Senator from Con- And in all cases of conference asked after a vote of disagreement, &c., the con· necticut reporting a mere continuation of the law of last year, mutatis f~rees of the House agking it are to leave the papera with the conferees of the mutandis, making such variation of dates as will be necessary, it will other; and in one case where they refused to receive them, they were left on the lead to very little debate after what has occurred. I suggest to the table in the conference chamber. Senator that he can take it up in the morning hour and have it con· The PRESIDING OFFICER. It follows,, therefore, that the con- sidered in the morning hour. ferees on the part of the Senate had no right to the papers. The PRESIDING OFl,ICER, (Mr. DAWES in the chair.) -The Sen- Mr. EDMUNDS. I suggest to my friend, while I am sure be will ator from Connecticut moves that the bill and the pending amend- not misunderstand my motive in making this point of order, that he ments be recommitted to the Committee on the District of Columbia. treat the papers as not presented, because they are not, I believe, in The motion waa agreed to. a strict sense in the possession of our conferees. LEGISLATIVE, ETC., APPROPRIATION BILL, lrlr. MORRILL, of 1\laine. I withdraw the report. The PRESIDING OFFICER. The report is withdrawn. Mr. MORRILL, of Maine. The committee of conference on the dis- agreeing votes of the two Houses on the legislative, executive, and ORDER OF BUSL.~SS. judicial bill have had the same nuder consideration, and submit are- Mr. WRIGHT. I do not know what may be the temper of the port. Senate this afternoon as to a disposition to attend to any other busi- IV-259 4130 CONGRESSIONAL RECORD-SENATE . JUNE 24, ... ness. There were reported from the Committee on Claims_ a few order for Monday, I shall insist on a division on his motion. If h& mornings since two bills, both of them in the nature of appropriation will wit.h draw his motion for five minutes, I have no doubt the Sen, bills. One is a bill providing for the payment of allowances that ate will decide this matter. I am not going to debate it at all. have been made by the accounting officers of the Treasury. The Mr. WRIGHT. I ask the Senator to defer his motion. Of coors& bill covers several pages, it is true, hut these claims have been very Senators will be influenced by the importance of the Senator's bill; carefully examined by the Committee on Claims, and there are only but I think that action ought to be had at once upon the bill to which one or two amendments, which are not verbal, reported to the House I refer. bill. It occurred to me that perhaps the Senate might be willing to The PRESIDING OFFICER. The question is on the motion of th& take up that bill this afternoon. I am sure it will take but a very Senator from Iowa [Mr. WRIGHT] to proceed to the consideration of few moments, unless there is a disposition to have it read. the bill which he has named. :Mr. EDMUNDS. It will ha'f"e to be read. Mr. SHERMAN. I hope the Senator will postpone its considera- Mr. WRIGHT. It is made up merely of names and amounts. tion for five or ten minutes in order that I may make my motion. Mr. EDMUNDS. I do not think we ever ought to pass any bill The PRESIDING OFFICER. The question is on the motion to without having it read. take up the claims bill. Mr. WRIGHT. I do not want to insist upon keeping the Senate Mr. SHERMAN. I call for a division. I am notgoingtotakecare here this afternoon if there is a teiD:per to adjourn, but at some time of a bill of this kind for eo long without an effort to get it before the or other this bill must be read and considered. It ought to be acted Senate. upon at this session of Congress. I hope the Senate will be content 'fhere were, on a. division-ayes 19, noes 14; no quorum voting. to remain here and let us pass the bill this afternoon. It has passed Mr. SHERMAN. I ask for the yeas and nays. the House and has been carefully considered by the Claims Commit- Mr. WRIGHT. Let us have the yeas and nays. I am sure there is tee of the Senate. There is but one change of importance, and that a quorum here. . was made upon the recommendation of the accounting officers of the The yeas and nays were ordered; and being taken, resulted-yeas Treasury. 26, nays 12-as follows : Mr. INGALLS. What iR the whole amount in the bill f YEAS-Messrs. Allison, Booth, Capef'U)n, Cockrell, Conkling, Cooper, Dawes, Mr. WRIGHT. About $100,000. The bill has been pa-ssed upon by Goldthwaite, Hamlint..!farvey, Howe, Johnston. Key, Logan, McCreery, Maxey, the Quartermaster's Department and also by the Third Auditor1 and Morrill of Vermont, .Morton, Norwood, Oglesby, Robertson, Spencer, Wadleigh, West, Withers, and Wright-26. has been carefully examined. Some time it must be passed upon by NAYS-Messrs. Bogy, Cragin, Eaton, Edmunds, Frelinghnysen, Hamilton, In. us. I therefore move to proceed to the consideration of House bHl galls, Morrill of Maine, Paddock, Sargent, Sherman, and Windom-12. No. 2691. ABSENT-Messrs. Alcorn , Anthony, Barnum, Bayard, Boutwell, Bruce, Burn- Mr. SHERMAN. I do not want to interfere with the disposition of side, Cameron of Pennsylvania, Cameron of Wisconsm, Christiancy, Clayton, Con- over, Davis, Dennis, Dorsey, FeiTY, Gordon, Hirohcock, Jones of Florida, J :mea of t he Senate this afternoon to pass this bill or anything else, but it is Nevada, Kelly, Kernan, McDonald, McMillan, Merrimon, Mirohell, Patterson, Ran- known very well that what was considered as a special order lost its dolph, Ransom, Saulsbury, Sharon, Stevenson, Th1ll'Jllall, Wallace, and Whyte-35. place by some fault either of mine, or of the Senator from Missouri, So the motion was agreed to. [Mr. BOGY,] or of the Secretary of the Senate. The Senator from Missouri thought he made a motion which would secure it a-s a special CLAIMS FOR ARMY STORES AND SUPPLIES. order, but it lost its place. I refer to the silver bill. It is -indispen- The Senate, as in Committee of the Whole, proceeded to consider sably necessary to have that bill considered at some time. We can- the bill (H. R. No. 2691) for the allowance of certain claims reported not adjourn this Congress without making some provision more than by the accounting officers of the Treasury Department. is yet made by law for issuing silver change. I therefore move, pend- The PRESIDING OFFICER. The Secretary will read the bill. ing the motion of the Senator from Iowa, not to interfere with it at Mr. PADDOCK, (at four o'clock and ten minutes p.m.) I move all, that Hoose bill No. 3398, for the issue of coin and for other pur- that the Senate adjourn. poses, be made a special order to take the place of the unfinished Several SENATORS. 0, no; let us go on. business on next Monday morning. I have no doubt that we can then The Senate refused to adjourn. get through with it in a very short time. Mr. SHERMAN. I ask the Senator from Iowa to give way to me The PRESIDING OFFICER. Is there objection to entertaining informally for a motio~ that House bill No. 3398, for which I reported the motion of the Senator from Ohio 7 a substitute yest-erday, be made the special order at one o'clock on Mr. WRIGHT. I make the point of order that that is not ill order Monday. Then I will not interfere with him. pending the motion I have made to take up this bill. Mr. WRIGHT. I trust the Senator will allow this bill to take its The PRESIDL.~G OFFICER. The Chair sustains the point of regular course. order. It is not in order to make that motion pending the motion Mr. SHERMAN. My motion will not take a moment. made by the Senator from Iowa. Mr. WRIGHT. I think there will be discussion on that very prop- ~h. SHERMAN. I appeal, then, to the unanimous sense of the Sen- osition, especially if it is to antagonize the Army appropriation bill ate. I do not want to struggle to get the bill up, for it is no more to on Monday. me than to any other Senator; bot I ask, a.s this bill was displaced The PRESIDING OFFICER. The Senator from Iowa declines to l'ly a misunderstanding, whether it ought not to be the sense of the yield. The Secretary will read the bill. Senate to take it up? The Chief Clerk proceeded to read the bill. Mr. EDMUNDS. The Senate can refuse to take up the bill pro- The.hill was reported from the Committee on Clai1Ds with amend- posed by the Senator from Iowa, and then the Senator from Ohio can ments. make his motion. The first amendment of the committee was in line 58, to change Mr. SHERMAN. I ask the Senator from Iowa to withdraw his mo- the name of "Somuel E. Cottrell" to "Samuel E. Cottrell." tion for a moment to allow me to get the bill up. Jth. WRIGHT. I wish to suggest in this connection that as there Mr. WRIGHT. I am sure my bill will take no time except that are several amendments which are a inere change of names, unless occupied in its reading. there be something said they may be passed as a. matter of course, Mr. SHERMAN. I lmow that, but as soon as I can get the silver without stopping to take any question upon them. The bill has been bill made the special order for Monday the Senator from Iowa can very carefully compared with the rolls, and these changes have been proceed with his bill. made by the committee. Mr. WRIGHT. I can very well see, as an appropriation bill is to The amendment was agreed to. · be taken up on Monday, the Army appropriation bill, which has been The Chief Clerk continued the reading of the bill. reported, that the motion of the Senator from Ohio will be antago- The next amendment wa-s to strike out under the heading "State nized. of Tennessee," lines 116 and 117, as follows: Mr. SHERMAN. I will run the risk of that. We have got to pass To George G. King, Washington County,$912.50. this silver bill some time, as it is important that it should be sent back to the Hoose of Representatives. Mr. WRIGHT. I will state with reference to this amendment that Mr. WRIGHT. I think I must insist on my motion, and take the on information derived from the accounting officers since the bill sense of the Senate at all events as to whether they will take up the passed the House we find that they recommend that t.his claim be claims bill this afternoon. Of course if my motion is voted down, I withdrawn, as it was passed by them by mistake. Therefore we shall have to surrender. I IPake the effort because I feel it my duty, have omitted it. in view of the importance of the bill and the numerous claims in- The amendment was agreed to. volved, mostly small claims, from $5 up, that some action should be The next amendment was in line 136, to change the name of "T. had; and it should be got out of the way a.s soon aa possible. P. McNew" to "F. P. McNew." Mr. SHERMAN. After his bill is taken up, will the Senator from The amendment was agreed to. · Iowa give me a chance to test the sense of the Senate as to whether The next amendment wa-s in line 149, after the wo1:_d " seventy- they will make the ail ver bill the special order for Monday? five" to strike out "cents" and insert "dollars; " so that the para- Mr. WRIGHT. If the Senate will take up my bill, I am sure it will graph will read : lead to no discussion, and will only take the time necessary to read it. To James G. Moore, executor of Statira Moore, deceased, Shelby County, (Ten· Mr. SHERMAN. I have been here laboring diligently to get a spe- nessee, ) $7,i75. cial order on a bill which I regard of importance, and the Senate all The amendment was agreed to. feel that we must act on the question before we adjourn. Therefore, The next amendment was in line 225, to change the name of "Dar- if the Senator from Iowa will not give me an opportunity to submit win I. Adkins" to "Darwin J. Adkins." the motion to take the sense of the Senate to make the bill a special The amendment was agreed to. 1876. CONGRESSIONAL RECORD-SENATE. 4131 The next amendment was in line 232, to change the name of "B. T. DOROTHEA IRONS. Roberts" to "R. T. Roberts." Mr. LOGAN. I ask that the bill (H. R. No. 2017) for the relief of The amendment was agreed to. Dorothea Irons, sister of Lieutenant Joseph F. Irons, late of the First The next amendment was to insert after line 280, under the head- Uruted States Artillery, be recommitted to the Committee on Mili- ing" State of Missouri:" tary .Affairs. It was reported by mistake, and I move that it be re- To .Abner and Montney Thurman, Warren County, $375.50. committed. Mr. WRIGHT. I will state in reference to the amendment that it The motion was agreed to. is only a transposition of the same names and the same amounts. ~"DIAN APPROPRIATION BILL. The amendment was agreed to. • . Mr. MERRlliON. Yesterday my colleague [Mr. RANSOM] was ap- The next amendment was in line 291, to change the name of" Ira pointed a member of tile committee of conference on the bill (H. R. D. Wood" to "Ira L. Wood/' No. 3478) making appropriations for the current and contingent ex- The amendment was agreed to. The next amendment was to strike out lines 293 and 294, as fol- penses of the Indian Department and for fulfilling treaty stipula- tions with various Indian tribes for the year ending June 30, 1877, lows: and for other purposes. He is absent to-day, and will be absent some To .Abner and Montney Thurman, Warren County, $375.50. da.ys. I move that be be excnsed from further service upon that com- The amendment was agreed to. mittee and that his place be supplied. The next amendment was in line 313, to change the name of "Will- Mr. RANSOM was excused; and by unanimous consent the Chair ing Boling'' to "William Boling." was authorized to fill the vacancy. The amendment was agreed to. The PRESIDENT pro tentpore. The Chair appoints upon the com- The next amendment was in line 317, to change the name of "G. L. mittee of conference upon the Indian appropriation bill the Senator Bowland" to "G. L. Bourland." · from Virginia [Mr. JOHNSTON] in place. of the Senator from North The amendment was agreed to. Carolina, [Mr. RANsoM,] who has just been excused from further The next amendment was to insert after line 355, under the head- service. ing" State of Kentucky:" Mr. WITHERS. I will state that my colleague has just been called To Robert Floyd and George .Anderson, partners, trading under the name of. away by a telegram on account of sickness in his family, and proba- So as to read : bly he will not be here for several days. I therefore suggest the ap- pointment of another Senator. To Robert Floyd and George A11.derson, partners, trading under the name of .Floyd & .Anderson, Jefferson County, $52. The PRESIDENT pm tempore. The Chair will appoint the Senator from West Virginia, Mr. CAPERTOY, to fill the vacancy. The amendment was agreed to. The next amendment was in line 363, to change the name "I. H. ORDER OF BUSINESS. Gardner" to'' J. H. Gardner." Mr. P .A.DDOCk. :i have in my hand a bill- The amendment was agreed to. Mr. SPENCER. I a.tlk unanimous consent to proceed to the con- The next amendment was in line 476, to change the name " Harmon sideration of a bill. I do not think it will take three minutes. There R. Wilson" to " Harmon K. Wilson.'' cannot possibly be any objection to it, and it is important that it The amendment was agreed to. should pass. The next amen~ent was in line 518, to change the name "Isaac The PRESIDENT p1·o tempore. Does the Senator from Nebraaka. Vanasdall" to" Isaac Vanosdall." · yield f The amendment was a~eed to. Mr. P .A.DDOCK. I yield for a moment only. The next amendment waa in line 578, to insert before the name ".A.. The PRESIDENT p1·o tempore. The bill will be read for informa· H. Hager" the word" to." tion. The amendment was agreed to. .Mr. SPENCER. I ask the Senate to take up the bill (S. No. 873) to The next amendment was in line 580, to change the name ".A.. Arm- provide for the A per cent. certificates of indebtedness issued for work strong" to "S. Armstrong." done under the direction of the board of public works and chargea- The amendment was agreed to. ble to the private property benefited thereby. The next amendment was in line 590, after the word "William," to Mr. HITCHCOCK. Is that hill reported from our committee f strike out the letter " H" and insert " :M ; " and in the same line, after Mr. SPENCER. From the Committee on the District of Columbia, the word "administrator," to strike out the word " of" and insert unanimously reported. The Senator was present, I think, when we " and;" so as to read : agreed to report this bill. To William M . Hill, administrator, and Henrietta Hill, administratrix of David Mr. HITCHCOCK. I was not. Spong, d~ed. Mr. SPENCER. Let the bill be read at any rate. The amendment was agreed to. The Chief C~erk read the bill. The next amendment was in line 636, to change the name " Chris- The PRESIDENT pro tempore. Is there objection to the present tian Slotler" to "Christian Stotler." consideration of this bill f The amendment was agreed to. Mr. CONKLING. I want to make an inquiry about it to see The next amendment was in line 672, to change the name "Joseph whether I object or not. Does this act, if act it shall be, confirm and .A.. Ritchie" to" Joshua .A.. Ritchie." validate all the assessments made upon private property in this Dis- The amendment was agreed to. trict ! · · The next amendment waa in line 686, to change the name" L. Cur- Mr. MORRILL, of Maine. I understand the object of the bill is to tis" to '' S. Curtis." waive any techrucal difficulties in the assessment of the tax. The The amendment was agreed to. bill was introduced by myself, and that is the only way I happen to The next amendment was in line 692, to change the name "S. J. know anything about it. H was accompanied by a communication Feltz" to" S. J. Weltz." from the commissioners, whose statement I do not remember thor- The amendment was agreed to. oughly, but I believe, in substance, it was this: That by authority of The next amendment was after line 697, under the heading "State the territ.orial Legislature a certain amount of what were caJled of Kansas," to insert: · "green ba-cks'' were issued, bearing 8 per cent. interest, to be paid out o{ the levy of a tax which was to be levied upon the property-holders To WilliamR. Chitwood, Jefferson County, $26.84. whose property was to be improved by this money. .A.nn to strike out the same words in lines 702 and 703. Mr. PADDOCK. :My friend from Maine will allow me to suggest The amendment was agreed to. that I yielded the floor upon the representation of the Senator from The bill was reported to the Senate as amended, and the amend- Alabama that the bill which be proposed to have considered would ments were concurred in. not consume the time of the Senate and would give rise to no rl.e- The amendments were ordered to be engrossed, and the bill to be bate. I find that it will be impossible to pa-ss the bill without talk. read a third time. Mr. EDMUNDS. It cannot be passed to-night, certainly. The bill was read the third time and passed. Mr. PADDOCK. Therefore I mnst insist on the floor. AMENDMENTS TO AN APPROPRIATION BILL. The PRESIDENT pro tempol'e. The Senator from Nebraska is en- titled to the floor. :Mr. MORRILL, of Vermont, from the Committee on Public Build- .Mr. HOWE. I move that the Senate proceed to the consideration ings and Grounds, reported certain amendments intended to be pro- of executive business. , po:;eu to the bill (H. R. No. 3749) making appropriations for sundry Mr. PADDOCK. I hope the Senator from Wisconsin will yield civil expenses -of the Government for the fiscal year ending June 30, while I move to take up a. bill for consideration. . 1877, and for other purposes; which were referred to the Committee Mr. HOWE. Very well. on Appropriations, and ordered to be printed. :Mr. CONKLING. What is the bill f Mr. P .A.DDOCK. It is a bill relating to the postage on official mail BILL L'ITRODUCED. matter. Mr. MORTON asked, and by unanimous consent obtained, leave to Mr. CONKLING. The Senator only wants to take it up and does introduce a bill (S. No. 939) for the relief of JohnS. Bishop; which not want action, I understand Y · was read twice by its title, referred to the Committee on .Military Mr.P.A.DDOCK. That is all I desire to do. I will state as a. rea . on Affairs, and ordered to be printed. for this request that if the bill should pass it will require a modifioa,. 4132 CONGRESSIONAL RECORD-HOUSE. JUNE 24, tion of the post-office appropriation bill. That bill is now in the The yeas and nays were ordered; there l)eing 33 in the affirmative, hands of a conference committee and there ought to be some action more than one-fifth of the last vote. taken in reference to this matter immediately. The question was taken; and there were-yeas 30, nays 116, not Mr. INGALLS. Is it a bill restoring the franking privilege f voting 143; as follows: Mr. PADDOCK. It restores the franking privilege so far as relates YEAS-Messrs. Adams, Banning, Boone, Bradford, Cabell, John H. Cahlwell, to official communications. Cook, Cowan, i}~ij{j!as, Ellis, Forney, Goode, Robert Hamilton, Kimball, Lamar, Mr. MORRILL, of Maine. Does the Senator desire to go on with Lane, McDill, · en, Pierce, Pipe:, Potter , Reagan, T erry, Thompson, Waldron, it to-night f Wallin.,., Warren, Wike, Jeremia.h ~.Williams, and Young-30. Mr. PADDOCK. I do not desire to go on with it to-day. I sim- NAYS-:Mesars. Ainsworth, Ashe, John H. Baker William H. Baker, Ballou, Banks, Bland, Bradley, Buckner, Horatio C. Burchard, William P. Caldwell, Cand- ply wish the Senate by unanimous consent to take it up and let it lie ler, CannoD~~Cate, Caulfield, Chittenden, John B. Clarke of K entucky, Jolm B. over until Monday morning. Clark, jr., of Missouri, Conger~, Crounse, Culberson, Outler, Davia, De Bolt, Deui- Mr. BOGY. I object. aon, Dibrell, Dobbins, Dunneu, Durand, Durham, Eames, Felton, Finley, Foster, Mr. MORRILL, of Maine. I suggest to my honorable friend from Franklin, Frye, Fuller, Gause, Glover, .Andrew H. Hamilton, Hancock, Haral on, Hen:r:;r.~. Rania, John T. Hanis, Harrison, Hartridge, Hartzell, Haymond, Hen- Nebraska that it be taken up subject to appropriation bills. dee, Hill, Holman, Hopkins, House, Hunter, Joyce, Kasson, K ehr, Ketcham, Knott, Mr. PAD DOCK. Certainly; that is what I desire. Leavenworth, Lewis, Lord, Luttrell Lynch, Lynde, Maish, McCrary, McMahon, Mr. EDMUNDS. Of course it will have to take its chances against Metcalfe, Miller, Monroe, Morgan, N eal, New, Norton, Oliver, O'Neill, Pae ker , Payne, Phelps, Randall, John Reilly, Rice, Riddle, John Robbins, Robin on, Samp- ran appropriation bill. son, Savage, Scales, Schumaker, Seelye, Sheak.ley, A. HerrSmith, Springer, Steven- Mr. SPENCER. The Senator wants it to remain as unfinished busi- son, Tarbox, Thomas, Throckmorton, Turney, John L. Vance, Robert B. Vance, ness; that is all, I understand. Charles C. B. Walker, .Alexander S. Wallace, John W. Wallace, Walsh, Erastus Mr. PADDOCK. Yea, sir. Wells, White, Whitehouse, Whiting, Willard, .Andrew Williams, Alpheus S. Wil- liams, William B. Williams, Wilshire, James Wilson, and Woodworth-116. The PRESIDENT pro tempore. It will be considered the unfinished NOT VOTING-Messrs . .Anderson, Atkins, Bagb:y, George A. Bagley, John· H . business, in the absence of appropriation bills. Is that understood f Bagley, jr., Bass, Beebe, Bell, Blackburn, Blaine, BlaJ.r, Bliss, Blount, Brit!ht;_Jolm Mr. BOGY. I object. The Senator from Ohio [Mr. SHERMAN] YoungJ3rown, William R. Brown, Samuel D. Burchard, Burleigh, Campbell, tiason. made a motion a while ago to take up the silver bill, so as to make Caswell, Chapin, Clymer, Cochrane, Collins, Cox, Crapo, Danford, DarraH, Davy. Eden, EJ!bert, Ely, Evans, Faulkner, Fort, Freeman, Frost, Garfield, Gibson, Good ill. that the special order for Monday. That is a bill which has been be- Gllllter, Hale, Hardenbergh, Benjamin W. Harris, Hatcher, Hathorn, Ha.vs, Heml er~ fore the Senate for a long time and is of very great importance. sou, Henkle, Hereford, Abram S. Hewitt, Goldsmith W. H ewitt, Hoar, Ho"'e. , Mr. P .AD DOCK. If my friend will give way a moment I will state Hooker, Hoskins, Hubbell, Hunton, Hurd, Hurlbut, Hyman, Jenks, Frank Jones. Thomas L. Jones, Kelley, King, Franklin Landers, George M. Lanllers, Lapham. that I spoke to the Senator from Ohio about takin~ up this bill and Lawrence, Le Moyna, Levy, Edmund W. M. Mackey , L. A. Mackey, Magoon. making it the unfinished business for Monday mormng, and I under- MacDougall, McFarland, Meade, Mills, Money, Moni. on, Mutchler Nash, O'Brien,. stood him to consent thereto. Odell, Pag~, Parsons, John F. Philips, William A. Phillir,s, Plaisted; Platt, Popple- Mr. BOGY. How long- will it occupy the Senate t ton, Powell, Pratt, Pnrruan, R.ainey, Rea, James B. Reilly, William M. RobbmR, Mr. PADDOCK. I think not more than twenty minutes. It ought Roberts, Miles Ross, Sobieski Ross, Rusk, Sayler, Schleicher, Singleton, Sinnick- son, Slemons, Smalls, William E. Smith, Southard, Sparks, Spencer, Strait, Stenger. not to do so, at any rate. Stone, Stowell. Swann, Teese, Thornburgh, Martin L Townsend, Waahin.~ton LEGAL TENDER OF SILVER COIN. Townsend, Tucker, Tufts, Van Vorhes, Waddell, Wait, Gilbert C. Walker, W ard, G. Wiley Wells, Wheeler, Wbitthorne, Wigginton, Charles G. Williams, James Mr. BOGY. I should like to make a proper motion, I do not know Williams, James D. Williams, Willis, Benjannn Wilson, .Alan Wood, jr., Fernando exactly what motion to make, so as to have the silver bill taken up on Wood, Woodburn, and Yeates-143. Monday at one o'clock and made the special order for that time. It is So the motion to adjourn was not agreed to. a bill of very great importance. During the roll-call the following announcements were made : Mr. PAD DOCK. Say two o'clock. . Mr. DAVIS. My colleague, Mr. YEATES, is confined to his bouse Mr. BOGY. We all must be aware of the fact that there will be a by sickness. great deficiency of small change. It is being felt throughout the Mr. CLARK, of :Missouri. My colleague, Mr. PHILIPs, is detained country now, and this bill ought to be disposed of one way or the other. at home on account of sickuess. Mr. PADDOCK. I suggest to the Senator from Missouri that he Mr. VANCE, of Ohio. My colleague, Mr. VAN VORHEs, is ab- name two o'clock. That will a~commodate us all, I think. sent by leave of the Honse. Mr. BOGY. I have no objection to making it two o'clock. The result of the vote was announced as above stated. The PRESIDENT p1·o tempo1'e. The Senator from Missouri asks that the bill (H. R. No. 3398) for the issue of coin, and for other purposes, ELECTION OF SPEAKER PRO TEMPORE. be made the special order at two o'clock on Monday. Ia there objec- Mr. HOLMAN. Mr. Clerk, I offer the following resolution: tion! The Chair hears none, and it is so ordered. .Resolved, That Hon. MILTON SAYLER, a Representa.tive from th~ State of Ohio, OFFICIAL MAIL MATTER. be, and he is hereby, appointed Speaker pro tempore during the present absence of Mr. PADDOCK. I now renew my motion that the Senate proceed the Speaker. t o the consideration of the bill (S. No. 552) to restore the franking The resolution was adopted. privilege. Mr. HOLMAN. I move that the House now adjourn. The PRESIDENT pro tempore. Is there objection to taking up the Mr. CONGER. I rise to a point of order. I submit that the gen- bill named by the Senator from Nebraska f The Chair hears none, tleman elected Speaker pro tempo·re should take the Chair before the and it is before the Senate. House adjourns; before any business is done. • Mr..HAMLIN. I move that the Senate proceed to the considera- A MEMBER. He is not here. tiOJ1 of executive business. Mr. FOSTER. The functions of the Clerk cease when the Speaker The motion was agreed to; and the Senate proceeded to the consid- pro tempnAp" The PRESIDENT pro tempo're. The unfinished business is before propriations, in pursuance of a rule adopted by them, have not consiCla the Senate. The Senator from Alabama moves to postpone it and ered that subject, and they would not have had the necessary time to all prior orders for the purpose of continuing the consideration of the consider it, even if it had been proper for them to do so. Therefore bill pending during the morning hour. in reporting this bill we have recommended as the first amendment Mr. PADDOCK. It is very patent, I think, to every Senator h~re the striking out of the first eight sections, which comprise propo i· that the bill which my friend ft·om Alabama wishes to have consid- tiona for the re-organization of the Arnly. ered cannot be passed to-day, or perhaps to-morrow. I hope th~t The original House bill appropriates in all $24,183,259.06, to which his motion will not prevail; it seems to me that it is proper that It the Senate Committee on Appropriations have added $3,378,102.34, so ' should not, under the circumstances. · that the total of the bill as now recommended by the Committee on Mr. ALLISON. I hope it will not prevail for another reason. The Appropriations is $27,561,361.40, or $1,037,468.60 less than the amo_unt Army appropriation bill was to come up to-day at one ~'clock by ge.n- appropriates for the support of the Army for the present fiscal year. eral assent, I believe, and I think we ought to take It up and dis- The House in this bill reduced the Army 3,000 men, and also reduced pose of it now. the Army ten regiments, and reduced the pay of the Army. Those Mr. SPENCER. I hope this motion of mine will prevail. I think matters the Committee on Appropriations have not gone into at all, and one hour more will dispose of the District tax bill. I hope the Sen- they have added the necessary appropriations ou the basis of exist- ate will not persist in this general debate. ing laws. Mr. HAMILTON. I hope the Senator from Alabama will let his I ask that the amendments may be reported in the usual way, bill go over and be printed. according to custom. Mr. SPENCER. There are plenty of printed copies of the bill, with The PRESIDENT pro tempore. The first amendment will be I'e- the exception of the verbal amendments. ported. The PRESIDENT pro tempore. The question is on the motion of Mr. ALLISON. Unless some gentleman desires to debate i.h e bill, the Senator from Alabama. I ask that the five-minute rule be applied to it. . Mr. ALLISON. I demand the yeas and nays. The PRESIDENT pro tempore. Is there objection to applying the Mr. SPENCER. I think one hour will be sufficient to dispose of five-minute rule to this bill. The Chair hears nooe. The Senate so the bill. orders. 'l'he first amendment will be read. Mr. WITHERS. Are we not ready to go on with appropriation The first amendment of the Committee on Appropriations was read, bills f I ask the Senator from Iowa if he is not ready to proceed with being to strike out the following sections: the Army bill f . . . . Mr. ALLISON. I desire to proceed with the Army appropnat10n That the officers of the Army shall be entitled to the pay herein stated after their bill, and it is now proposed to lay aside the Army bill for th.e purpose respective designations: The General, $12,000 a year. of considering a bill which was reported this morning and IS not yet The Lieutenant-General, $9,000 a year. printed. A m~jor-~eneral, $7,000 a. year. Mr. SPENCER. The end of the fiscal year is the 30th of June, and A brigadler.general, $5,500 a year. A colonel, 3,500 a. year. then there is no tax bill for the District of Columbia. I am satisfied A lieutenant-colonel, $3,000 a year. that if the Senate would devote one hour to the consideration of this A major, 2,500 a year. · bill it could dispose of it. I hope the Senate will approve of IJ!Y A captain, (mounted,) $2,000 a year. motion to proceed with this bill now. We devoted all Saturday to 1t, A captain, (not mounted,) 1,800 a. year. An adjutant, $1,800 a year. and I am satisfied that one hour now will finish it. A regmtental quartermaster, 1.800 a year. Mr. SARGENT. I think it is perfectly obv:ious that the S~n~te ~11 A firSt lieutenant, (mounted,) $L,600 a year. not in the last week of the fiscal year lay a-tnde an appropnat10n bill A first lieutenant, (not mounted,) $1,500 a. year. even to take up a tax bill for the District of Columbia. I suggest to A second lieutenant, (mounted,) $1,500 a year. A second lieutenant, (not mounted,) $1,400 a year: ProviOn issue to the holder an equal amount of bonds of the United States, coupon or registered, as such holder may desire: Pro- Mr. WAIT. I ask unanimous consent to introduce a joint resolu- vided, That the bonds so to be is ned or exchanged Rhall not exceed the sum of tion donating two cannon and carriages to the warden and burgesses $2,000,000 in a.n_y month, and the United States notes so deposited and redeemed of Stonington, Connecticut, and ask that it be put on its passage at shall be retired a.nd canceled. SEc. 2. That the bonds authorized to be issued by the preceding section shall be this time. redeemable in coin of the present standard valne at the pleasure of the United States The SPEAKER pro tempore. That cannot be done. The gentleman fortyyearsafter the date of their issue, and shall bear interest payable semi-annually perhaps can get an opportunity to put it upon its passage after the insnchcoin at therateof 4 I:'er cent. per annum; and theyshallhavethelikeqnali- morning hour. · ties, privileges, and exemptions that are accorded by law to the several <'.laaSes of bondS authorized to be issued by an act to authorize the refunding of the national Mr. WAIT. Then I will withdraw the joint resolution for the debt, approved July 14, 1870. present. The bill was referred to the Committee of Ways and Means, and SA,MUEL CRAPIN. ordered to be printed. Mr. BALLOU introduced a bill (H. R. No. 3769) for the relief of HEIRS OF WILLIAM H. ARNOLD. Samuel Crapin, a soldier of the Whl' of 1812; which was read a first and second time, referred to the Committee on Revolutionary Pen- Mr. BUCKNER introduced a bill (H. R. No. 3780) for the relief of sions, and ordered to be printed. the heirs of William H. Arnold; which was read a first and second time, referred to the Committee on W a.r Claims, and ordered to be MARY TATHAM. printed. Mr. VANCE, of North Carolina, introduced a bill (H. R. No. 3770) SAMUEL KER. for the relief of Mary Tatham, widow of Thomas Tatham, deceased ; Mr. BUCKNER also introduced a bill (H. R. No. 3781) for the relief which was read a first and second time, referred to the Committee on of Samuel Ker, guardian, of Washington, Distriotof Columbia; which Indian Affairs, and ordered to be printed. was read a first and eecond time, referred to the Committee for the CENTENNIAL MUTUAL FIRE-INSURANCE COMPANY. District of Columbia, and ordered to be printed. Mr. VANCE, of North Carolina,alsointroducedabill(H.R.No.3771) T. W. RILEY. to incorporate the Centennial Mutual Fire-Insurance Company of Mr. BUCKNER also introduced a bill (.H. R. No. 3782) for the relief Washington, District of Columbia; which was read a first and second ofT. W. Riley, of Wa-shington, District of Columbia; which was read time, referred to the Committee for the District of Columbia, and a first and second time, referred to the Committee for the District of ordered to be printed. Columbia., and ordered to be printed. · M. R. ARCHER. M. V. B. BOGAN. Mr. HILL introduced a bill (H. R. No. 3772) for the relief of M. R. Mr. BUCKNER also introduced a bill (H. R. No. 3783) for the relief Archer, postmaster at Gainesville, Georgia; which was read a first of M. V. B. Bogan, of Washington, District of Columbia; which was and second time, referred to the Committee of Claims, and ordered read a first and second time, referred to the Committee for the District to be printed. of Columbia, and ordered to be printed. LACON R. TILLMAN. DAMAGE TO REAL ESTATE IN THE DISTRICT. Mr. SMALLS introduced a bill (H. R. No. 3773) for the relief of Lacon R. Tillman ; which was read a first ahd scond time, and Mr. WILLARD introduced a joint resolution (H. R. No. 132) to pro- ordered to be printed. vide for a commission to ascertain the amount of damage to real Mr. SMALLS. I move the reference of that bill to the Committee estate in the District of Columbia, caused by change of street grade, on the Post-Office and Post-Roads. and for other purposes; which was read a first and second time, re- Mr. LUTTRELL. If it is a claim, it had better go to the Commit- ferred to the Committee for the District of Columbia, and ordered to tee of Claims. be printed. Mr. SMALLS. I should prefer it to go to the Committee of Claims, MEETING OF CONGRESS ON CENTENNIAL DAY. but I thought the proper reference was the Committee on the Post- Mr. KASSON introduced a joint resolution (H. R. No. 133) provid- Office a.nd Post-Roads. ing for the fitting observance by Congress of the Centennial Anniver- Mr. LUTTRELL. I will inform the gentleman that the Committee sary of National Independence; which was read a first and second on the Post-Office and Post-Roa.ds have determined to send all such time. caset~ to the Committee of Claims, and this had better go there in the The Clerk read the joint resolution, as follows: first instance. Be it resolved, clc., That when the two Houses of Congrsss adjourn on Saturday, Mr. SMALLS. Very well ; I move its reference to the Committee the 1st day of July, they shall respectively stand adjourned until ten o'clock a. m. of Claims. of Tuesday, July 4, 1876, at which hour they shall assemble separately a.t Inde- pendenoo Hall. in' the city of Philadelphia, at which time and place the two Honses The motion was agreed to. shall conwde:r a joint resolution commemorative of the Centennial Anniversary of BENJAMIN P. RUNKLE. the Declar..tion of Am.ericanlnde~endence, no other business to be transacted, and nponad.,iourningsaid session at Philadelphia, the two Houses shall stand adjourned Mr. RICE introduced a bill(H. R. No. 3774) forthe relief of Benja- respectively to meet at their reepective Halls in the city of Washington, at the min P. Runkle, late major of the Thirteenth Volunteer Infantry; which usual hour, on the- day of July, 1876. was read a first and second time, referred to the Committee on In- Mr. KASSON. I ask that the joint resolution may be referred to valid Pensions, and ordered to be printed. the Committee on the Centennial Celebrat.ion. COMPENSATION OF UNITED STATES MARSHALS. Mr. RANDALL. I would suggest that the resolution be sent to the Mr. DURHAM introduced a bill (H. R. No. 3775) fixing the compen- Committee on Appropriations as the committee most likely to know sation of United States marshals and deputies; which was read a whether the time ean be spared in the state of the public business. first and second time, referred to the Committee on Expenditures in Mr. KASSON. It may go to the Committee on the Centennial Cele- the Department of Justice, and ordered to be printed. bration, with the understanding that that committee will consult with the Committee on Appropriations. · FEES OF CLERKS OF UNITED STATES COURTS. Mr. RANDALL. Very well. Mr. DURHAM also introduced a bill (H. R. No. 3776) fixing the The resolution was referred to the Committee on the Centennial fees of clerks of United States district and circuit courts; which was Celebration, and ordered to be printed. read a first and second time, referred to the Committee on Expend- FOG-SIGNAL ON POINT WILSON, WASHINGTON TERRITORY. itures in the Department of Justice, and ordered to be printed. !;lr· JACOBS intr?duced a bill (H. R. No. 3784) for the purchase of MRS'". B. E. THOMPSON. a s1te and fue erection of a fog-Bignal on Point Wilson, in Washing- · Mr. McFARLAND introduced a bill (H. R. No. 3777) for the relief ton Territory; which was read a first and second time, referred to of Mrs. S. E. Thompson, of Green County, Kentucky; which was read the Committee on Commerce, and ·ordered to be printed. 1876. CONGRESSIONAL RECORD-HOUSE. 4157 ORDER OF JtUSlNESS. Mr. KASSON. I make the further point on the question raised by The SPEAKER pro tempore. The call of States and Territories for the gentleman from Indiana that it is not in order to move to suspend billa on leave and joint resolutions has now been completed. If any the rules at this stage of the proceedings. gentleman absent when his State or Territory was coJ.led desires to Mr. HOLMAN. This is not a motion to suspend the rules a t all. present a. bill or joint resolution . for reference, the Chair will rec- Mr. KASSON. I insist that when a gentleman rises to debate a bill ognize him for that but for no other purpose. introduced under this call it must go over, and it cannot go a step further at this stage. EDWIN J. NUTALL• . Mr. HOLMAN. Does the gent.l eman mean to say that when the pre- Mr. SCALES introduced a bill (H. R. No. 3785) granting a pension vious question has been called and a gentleman rises to debate the to Edwin J. Nutall; which was read a first and second time, referred bill it must go over although the House has not decided on t he call to the Committee on Invalid Pensions, and ordered to be printed. for the previous question 7 J.A.M.ES CALER. Mr. KASSON. At any time before the reading of the bill I can rise Mr. PHELPS introduced a bill (H. R. No. 3786) for the relief of to debate it. . James Caler, of Stamford, Connecticut; which waa read a first and Mr. HOLMAN. It is for the House to refuse to second the previous second time, referred to the Committee on Commerce, and ordered to question on the bill. be printed. Mr. KASSON. You cannot evade the force of the mle in that par- THOMAS BUTLER. ticular. You do not propose to suspend the rules, and the rule is ex- plicit that when a motion to introduce a bill on leave is made if any Mr. PHELPS also introduced a bill (H. R. No. 3787) for the relief one rises to debate the bill it goes over and there is no previous ques- of Thomas Butler, late private in Company M, Third United States tion that can take precedence of that. . Cavalry; which was read a first and second time, referred to the Com- Mr. HOLMAN. But the previous question has been called. If it mittee on Invalid Pensions, and ordered to be printed. be not sustained, then if a gentleman rises to debate it the bill goes JOHN ~J:CHTMAN. over; but, if the previous question be seconded, the bill is before the Mr. MAISH introduced a bill (H. R.No. 3788) granting a pension to House for a~tion. John Nichtman; which was read a first and second time, referred to Mr. KASSON. I refer to a decision on this subject as far back as the Committee on Invalid Pensions, and ordered to be printed. 1840. SECTION 5~ OF THE REVISED STATUTES. Mr. HOLMAN. 0, there is no such decision. Mr. KASSON. Let 1.he rule be read. Unless my construction be Mr. MAISH also (by request of Mr. LEMOYNE) introduced a bill right, the reservation for debate would have no effect whatever. (H. R. No. 3789) to !lmend section 5200, chapter 3, tit!e 62 of the Re- Mr. HOLMAN. You can only rise to debate the bill in case the vised Statutes; which was read a first and second time, referred to previous question is not seconded; that is the rule. the Committee on Banking and CUITency, and ordered, to be printed. Mr. KASSON. That is the very point in dispute. I rise to debate B. W. JONES AND E. S. MARSH. it now. Mr. DAVY introduced a bill (H. R. No. 3790) for the relief of Bev- Mr. HOLMAN. I do not think the gentleman is really fair about erly W. Jones and Edwin S. Marsh, of Rochester, New York; which this matter. There can be no doubt about the parliamentary law. was read a first and second time, referred to the Committee on the If the previous question is not sustained and any gentleman rises to Judiciary, and ordered to be printed. • debate the subject, it goes over; but if the previous question be sus- tained, the bill is before the House. There is not a shadow of doubt MESSAGE FROM THE SENATE. about the question of parliament;rry law. A message from the Senate, by Mr. SYMPSON, one of their clerks, in- Mr. SPRINGER. I desire to speak to the point of order raised by the formed the House that the Senate had passed with amendments, in gentleman from Indiana. I desire to state to the Chair that the uni- which the concurrence of the House was requested, bills of the fol- form practice of the House has been- lowing titles : The SPEAKER pro tempore. The Chair will direct the Clerk t o read The bill (H. R. No. 3411) authorizing the repavement of Pennsyl- the line of decisions which seems to the Chair to settle the question. vania avenue; and If the previous question be not sustained, of course a proposition to The bill (H. R. No. 2691) for the allowance of certain claims re- debate the bill would require it to lie over; but, if the previous ques- ported by the accounting officers of the Treasury Department. tion be sustained, then it is before the House. The message also informed the House that the Senate had passed The Clerk read as follows : without amendment the bill (H. R. No. 525)'-to extend the time for The previous question may be moved on a resolution submitted under a call of filing claims for additional bounty under the act of July 28, 1866, the States, and thus prevent the debate which, under the rules, requires it to lie which expired by ,limitation on January 30, 1875, until July 1, 1880. over. The message further announced that the Senate had passed a bill The SPEAKER pro tempore. The question, therefore, is on second- (S. No. 686) supplementary to the present statutes in aid and defense ing the demand for the previous question. of the rights of citizens, in which the concurrence of the House was Mr. KASSON. The question is now upon seconding the previous requested. question on the motion for leave to introduce the bill, and not on the ORDER OF BUSINESS. bill itself. Mr. HOLMAN. I call for the regular order. Several MEMBERS. 0, no! The SPEAKER pro tempore. The regular order is the second call The question was taken on seconding the demand for the previona in the morning hour of Monday: the call of States and Territories question; and on a division there were-ayes 62, noes 87. for re8olutions, at which time billa on leave may be introduced. The Mr. HOLMAN. I call for tellers. call rests with the State of Ohio. Tellers were ordered; and Mr. KAssoN and Mr. NEAL were ap- RESUMPTION OF SPECIE PAYMENTS. pointed. . Mr. NEAL. I introduce the bill which I send to the Clerk's desk, Mr. KASSON. I submit that this is not upon considering the bill, and demand the previous question on its passage. but upon a motion for leave to introduce it. Mr. KASSON. I reserve all pointd of order on that bill. Mr. ·HUBBELL. I ask that the bill be again read. The Clerk again read the bill. The Clerk read the bill, as follows : Mr. FOSTER. What is the precise question before the House 7- [A bill to repeal the act entitled ".An act t.o provide for the resumption of specie The SPEAKER p1·o tentpo-re. The question is upon seconding the de- . · payments," approved.January14, 1875.1 Be it enacted, de., That the act entitled ".An act to provide for the resumption of mand for the previous question made by the gentleman from Ohio spooie payments," approved J a.nnary 14, 1875, be, :md the same is hereby, repealed. [Mr. NEAL] upon the passage of the bill. Mr. FOSTER. Upon the bill itself or upon its consideration 7 Mr. KASSON. I make the point of order that no notice has been The SPEAKER pro tempo-re. On the bill. given. H I am not correct in that there iB another point which I Mr. RANDALL. Then the question now is on seconding the de- wish to make. mand for the previous question t Mr. NEAL. Notice has been grren. A notice was filed with the "The SPEAKER pro tempore. Yes. . Clerk on the seventh or eighth of this month. Mr. RANDALL. Then if the previous question is not seconded, The SPEAKER pro tempore. The Chair is informed that the proper the bill will go over if any member rises to debate it 7 notice has been given by the gentleman from Ohio, [Mr. NEAL.] The Honse divided; and the tellers reported-ayes 77, noes 100. Mr. KASSON. In that ca.se, I rise to debate the bill, and it goes So the previous question was not seconded. over under the rule. Mr. KASSON. I ·r ise to debate the bill if it is before the House; ·Mr. HOLMAN. Not at all; the previous question has been called but I would like to have that question settled. on the bill. • The SPEAKER pt·o tentpore. The g-entleman from Iowa rises to dis- Mr. SPRINGER. And we are entitled to a vote on the question of cuss the bill, and it goes over under the rule. sustaining the call for the previous question. Mr. KASSON. As I understand the question, it was upon introduc- The SPEAKER pro tempore. The Chair is of the opinion that the ing the bill on leave. That is what under the rules I understood was bill must go over under the rule when a gentleman rises to debate it. what we were voting on. · Mr. HOLMAN. I rise to a question of order. When the gentleman from Ohio [Mr. NEAL] offered the bill he called the previous question LEGISLATIVE, ETC., APPROPRIATION BILL. on it. The rule of the House is that if the previoll.S question be not Mr. RANDALL. The committee of conference on the disagreeing sustained, then when a gentleman rises to debate the bill it ioeB over. votes of the two Houses on the legislative, executive, and judicial bill I call for a -vote on thQ demand for the previous question, · have had the same under coDiideration, and submit a report. 4158 CONGRESSIONAL RECORD-HOUSE. JUNE 26, The report was read, as follows : Mr. BANKS. In addition all~w me to say that a resolution to in- The committee of conference on the disagreeing votes of the two Houses on the struct a committee to report at a given time cannot be adopted ex- amendments of the Senate to the bill (H. R. No. 2571) making appropriations for cept by a suspension of the rules or by unanimous consent. The the legislative, executive, and judicial expenses of the Govllrnment for the year rules require that the several committees of the House shall report ending June 30, 1877, and for other purposes, having met, after full and free con- ference have been unable to agree. in their turn when called. This resolution instructs the Committee SAMUEL J. RANDALL, on Banking and Currency to report at a given time whether called WM. S. HOLMAN, in its turn or not. CHARLES FOSTER. Mr. SPRINGER. The Committee on Banking and Currency are MaflagCTs on the pan of the HI)'U8e. LOT M. MORRILL, now authorized to report at any time. WM. WINDOM, Mr. HOLMAN. The proposition of the gentleman from Massachu- ROBERT E. WITHERS, setta [Mr. BANKS] is undoubtedly correct, except aa to a committee Mcrmagers on the part of the Servzte. authorized to report at any time. Mr. RANDALL. I move that the Honse insist upon its disagree- Mr. SPRINGER. I will modify my resolution so as to avoid the ment to the amendments of the Senate and ask a further conference point of order. on the disagreeing votes of the two Houses thereon. Mr. RANDALL. Let us hear the resolution read as modified. The motion was agreed to. Mr. DENISON. I move that the House now adjourn. The SPEAKER p)'O tempore appointed Mr. RANDALL, Mr. SPRINGER, Mr. EAMES. And on that motion I call for the yeas and nays. and Mr. KAssoN managers of the conference on the part of the House. The yea~ and nays were ordered. The question was then taken; and there were-yea.s 8, nays 180, ORDER OF BUSINESS. not voting 101 ; as follows: Mr. RANDALL. I now move that the House resolve itself into YEAS-Messrs. Hardenbergh. Hurlbnt, Lewis, Luttrell, MMn Townsend, Tucker, Van Vorhes, Wad- order. dell, Charles C. R. Walk~r. Gilbert C. Walker, Wallin,, Ward, G. Wiley Wells, Wheeler, Whitehouse, Whitthorne, Charles G. Williams, James Williams, James Mr. KASSON. My point of order is that this resolution proposes a D. Willia.ms, Willis, Benjamin Wilson, .Alan Wood, jr., Fernando Wood, and change of the rules of the House, which cannot be done without one Young-101. day's previous notice. So the House refused to adjourn. Mr. HOLMAN. The rules of the House require that notice shall be During the vote, given of the introduction of a bill, but not of a simple resolution of Mr. BOONE stated that his colleague, Mr. BROWN, was absent by the Honse. The only possible strength in the point of order raised leave of the House. by the gentleman from Iowa [Mr. KAssoN] is that the proposed reso- Mr. VANCE, of Ohio, stated that his colleague, Mr. VAN VoRHEs, lution involves a change of the existing rules of the Honse. I am not was absent by leave of the House. aware that any rule of the Honse will be changed by the resolution. Mr. ATKINS stated that his colleague, Mr. YoUNG, was absent on Mr. KASSON. It proposes to make a special order, to the exclusion account of sickness. of all other business of the Honse, which cannot be done in this manner. Mr. HUNTER stated that his colleague, Mr. CASON, was absent on Mr. WILSON, of Iowa. The rules of the Honse provide for an order account of sickness in his family. of business of the Hom;e, and this resolution will interfere with that Mr. McMAHON stated that his colleagues, Mr. WALLING and Mr. order of business. POPPLETON, were both absent by leave of the Honse, and that if Mr. SPRINGER. It does not involve any change of the rules of present they would vote in the negative. the Honse, but merely a question of priority of business, and instruc- Mr. WIKE stated that his colleague, Mr. BAGBY, was absent by tions to a committee of this House to make a report at a particular order of the Honse in attendance on committee service. time. All questions of priority of business are uniformly settled by The vote was then announced as above recorded. a vote of the majority of the House. Mr. KASSON. You cannot make a special order, to the exclusion DISTRICT AFFAIRS. of other business, except by a suspension of the rules or by unani- Mr. LORD. If the morning hour has expired I move to proceed to mous consent. · the conMideration of the Geneva award bill, which has precedence. Mr. BANKS. In reply to what the gentleman from Illinois [Mr. Mr. BUCKNER. I rise to make a privileged report. SPRINGER] has said about determining the question of priorityof The SPEAKER pro tempore. The gentleman will state it. business, allow me to say that no question of priority of business can Mr. BUCKNER. I am directed by the Committee for the District arise except when two propositions are immedilltely before the House. of Columbia to submit a report on District affairs, and to move that When there is but one proposition before the House no question of it be printed and recommitted. I also ask that the minority of the priority of business can be raised between .that and any other ques- committee have leave to submit theirviews, and to have them ordered tion not before the Honse; by no possibility under the rules of the to be printed. House can a question of priority be raised between the two proposi- The motion was agreed to. tions. Mr. BUCKNER. I now enter a motion to reconsider. the vote by Mr. KASSON. This is a proposition to make a certain subject a which the report of the committee was recommitted. special order for to-morrow to the exclusion of all other business, The SPEAKER pro tempore. That motion will be entered. which, under the rules of the Honse, cannot be done except by a sus- pension of the rules or by unanimous consent. PRINTING OF TESTIMONY. The SPEAKER pro te.mpore. The Chair sustains the point of order Mr. VANCE, of Ohio. I am directed by the Committee on--Printing raised by the gentleman from Iowa, [Mr. KAssoN,] that the proposed to report back the following resolution with the recommendation that ret~olution involves a change of the rules of the House. it do pass. 1876. CONGRESSIONAL RECORD-HOUSE. _4159 The Clerk read a,a follows: The House divided ; and there were ayes 20. Mr. SAMPSON demanded tellers on the yeas and nays. Resolved,, T.hat the Committee on Expenditures in the Department of Justice be, and they are hereby, authorized to prmt the testimony taken by said committee Tellers were ordered; and Mr. SAMPSON, and Mr. HARRIS of Vir- touching all matters under investigation before said committee. ginia, were appointed. The resolution was adopted. The Honse again divided; and tellers reported ayes 43. Mr. VANCE, of Ohio, moved to reconsider the vote by which the So (the affirmative being more than one-fifth of the last vote) the resolution was adopted ; and also moved that the motion to reconsider yeas and nays were ordered. be laid on the table. Mr. FOSTER. I ask that the resolution may be again reported. The latter motion was agreed to. The resolution waa again read. LOUISIANA AFFAIRS. The question was taken; and there were-yeas 58, nays 113, not voting 118; as follows : Mr. GIBSON, by unanimous consent, submitted a resolution author- YEAS-Messrs. Adams, George A.. Bagley, John H. Baker, William H. Baker, izing the Committee on Federal Offices in New Orleans, Louisiana, to Ballou, Bradley, Caswell, Conger, Crounse Danford, Davy, Denison, Dobbins, Dun- have testimony printed; which was referred to the Committee on nell, Eames, Ev:ms. Fort, Fr:ve, Haralson, Hays, Hendee, Hubbell, Hunt.er, B:vman, Printing. Joyce, Ketcham, Kimball, Leavenworth, Lynch, McDill, Miller, Norton, Oliver, O'Neill, Packer, William A.. Phillips, Potter, Rainey, Robinson, Rusk. Sampson, IMPROVEMENT OF MISSISSIPPI RIVER. St>elye, Sinnickson, Smalls. Strait, Thornburgh, Martin I. Townsend, Tufts, Wait, Mr. GIBSON also, by unanimous consent, introduced a joint reso- Alexander S. W::ill.ace, White, Whitmg, Willard, Andrew Williruns, William B. lution (H. R. No.134) authorizing and directing the President to ap- Williams, James Wilson, Woodburn, and Woodworth-58. N.A. YS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Bland, Boone, Bright, Buck· point lJ. commission to provide for the improYement of the navigation ner, Samuel D. Burchard, Cabell, John H. Caldwell, Willhm P. Caldwell, Camp- and commerce of the Mississippi River; which waa read a first and bell, Candler, Cate, Caulfield, John B. Clarke of Kentucky, .John B. Clark, jr., of second time, referred to the Committee on Commerce, and ordered to Missouri, Cook, Cowan, Culberson, Cutler, Davis, De Bolt, Dibrell, Durand, Dur- be printed. ham, Ellis, Faulkner, Felton, Finley, Fol'lley, Franklin, Fuller. Gause, Goodin, Gunter, Andrew H. Hamilton, Robert Hamilton. H:udenber~h, Henry R. Harris, ORDER OF BUSINESS. John T. Harris. Hartridge, Hartzell, Hatcher, Haymond, Goldsmith W. Hewitt, Mr. FAULKNER. I ask unanimous consent to make a report from Hill, H.)lman, Hooker, Hopkins, Honse, Jenks, Thomas L . Jones, K ehr, Knott, Franklin Landers, Lane, Lewis, Lord, Luttrell, Lynde, Maish, McFarlancl, McMa- the Committee on Forei~ Affairs. hon, Meade, Metcalfe, Milliken, Mills Morgan. Neal, New, Odell, Parsons, Phelps, Mr. SAMPSON. Is it m order to move to suspend the rules f John F. Philips, Piper, Powell. Randall, Rea, Reagan, John Reilly, James B. R.eilly, The SPEAKER pro tempore. It is. The Chair was recognizing a Rice. Riddle, John Robbins,William M. Robbins, Roberts, Savage, Scales, Sheakley, few introductions by unanimous consent. If the gentleman from Singleton, William E. Smith, Sparks, Spencer, Springer, Stevenson, Tarbox, Terry. Thomas, Thompson, Turney, Robert B. Vance, Charles C. B. Walker, Walsh, War- Iowa insists on his motion to suspend the rules, the Chair will recog- rel?l Erastus Wells, Wigginton, Wike, Alpheus S. Wi.l.l.iams, Jeremiah N. Williams, nize him. Wushire, and Yeates-ll3. Mr. SAMPSON. I will yield to the gentleman from West Virginia NOT VOTING-Messrs. Bagby, John H. Hagley, jr., Banks, B:m.ning, Bass, if it gives rise to no debate. Beebe, Bell, Blackburn, Blaine, Btair, Bliss, Blount, Bradford, John Young Brown, William R. Brown. Horatio C. Burchard, Burleigh, Cannon, Cason, Chapin, Chit- EDWARD O'M. CONDON. tenden. Clymer, Cochrane, Collins, Cox, Crapo, Darrall, Douglas, Eden, Egbert, Ely, Foster. Freeman, Frost, Garfield, Gibson, Glover~Goode, Hale, Hancock, Ben- Mr. FAULKNER. I rise to make a report from the Committee on j~min W. Harris, Harrison, Hathorn, Henderson, 11.enkle, Hereford, Abram S. Foreign Affairs in regard to a matter which will not occupy the atten- Hewitt, Hoar, Hoge, Hoskins, Hunton, Hurd, Hurlbut, Frank Jones, Kasson, Kel- tion of the Honse bnt a few minutes. ley, King, Lamar, George M. Landers, Lapham, Lawrence, Le Moy.ne, Levy, Ed- The SPEAKER pro temp01·e. The gentleman will submit his report, mund W.M.Mackey, L.A. Mackey, Magoon, MacDougall, McCrary, Money, Mon- roe, Morrison, Mutchler, Nash, O'Brien, Pa~e, Payne, Pierce, Plaisted, Platt, Pop- there being no objection. . pleton, Pratt, Purman, Miles Ross, Sobieski Ross, Sayler, Schleicher, Schumaker, Mr. FAULKNER. I am directed by the Committee on Foreign Slemons, A. Herr Smith, Southard, Stenger, Stone, Stowell, Swann, Teese, Throck. Affairs to report back a joint resolution (H. R. No. 104) for the relief morton, Washington Townsend, Tucker, Van Vorhf'S, John L. Vance, "\Vaddell, of Edward O'M. Condon, and to move concurrence in the amendment Waldron, Gilbert C. Walker, John W. Wallace, Walling, Ward, G. Wiley Wells, Wheeler, Whitehouse, Whitthorne, Charles G. Williams, James Williams, James D. of the Senate. Williams, Willis, Benjamin Wilson, Alan Wood,jr., Fernando Wood, IUld Young-118. The amendment of the Senate was read, as follows : So ftwo-thirds not having voted in favor thereof) the rules were In line 4 strike ont the word "early," and insert in lien thereof the words "pa.r· not 1:mspended. don or; " so the resolution will read: Resolved, &c., That the President of the United States be, and he is hereby, re- During the roll-call the following announcements were mzde: quested to take such steps as in his judgment may tend to obtain the pardon or Mr. VANCE, of Ohio. I am pn.ired with my colleague, Mr. VAN release of such Edward O'M. Condon from imprisonment. VORHES, who is absent by leave of the House. If he were here I The amendment was concurred in. would vote "no," and he would probably vote "ay." Mr. BANK~ moved to reconsider the vote by which the amendment Mr. PHILIPS, of Missouri. I desire to announce that my colleague, of the Senate was concurred in; and also moved that the motion to Mr. GLOVER, is absent by leave of the Honse. reconsider be laid on the table. Mr. DOUGLAS. I am paired with Mr. MAcDouGALL, of New York. The latter motion waa agreed to. If he were here he would vote "ay," and I would vote "no." EXPENSES OF PUBLIC SERVICE. Mr. CUTLER. My colleague, Mr. Ross, is absent by leave of tlto House. Mr. SAMPSON. I move to suspend the rules and put the follow- Mr. O'NEILL. My colleague, Mr. FREEMAN, who is absent by leave ing joint resolution on its passage. of the Honse, is paired with my other colleague, Mr. MACKEY. If The Clerk read as follows : they were here :Mr. FREEMAN would vote "ay," and Mr. MAcKE:: A. joint resolution to provide for defraying temporarily the ordinary and necessary would vote "no." expenses of the public service. Mr. SMITH, of Pennsylvania. I am paired with my colleague, Mr. Whereas the ordinary and necessary expenses of the public service in the various CLYMER. I would vote "ay," and he would vote "no." branches, comprising among others the expenses which especially pertain to the Mr. McCRARY. I am paired with Mr. HUNTON, of Virginia. If legislative, executive, and judicial departments of the Government, to the con- sular and diplomatic service, to the postal service, to the support of the Army and present he would vote "no," and I would vote "ay." to the maintenance of the Navy, are generally met by annual appropriations which The result of the vote was then announced as above recorded. expire at the end of the current fiscal year; and whereas no public funds will be WILLIAM A. WEBB. aviillable to defray these expenses a.s the same shall accrue after that period unless appropriations shall have been previously made therefor by law: and whereas to Mr. HARRIS, of Virginia. I move that the rules be suspended, avoid the greatembarrassment of the public service that IDight otherwise ensue it and that the bill which I send to the desk to remove the legal and is expedient to make provision for defraying temporarily such of these expenses as would be unprovided for in case some one of the usual annual appropriation bills political disabilities of William A. Webb, of Virginia, be passed. designed to provide therefor should fail to be matured by the end of the fi.scal year The bill was read. It removes from William A. Webb, of Virginia, now current: Therefore, all legal and political disabilities imposed by the fourteenth article Beitrcsolved bytheSenateandHouse of Representatives of the UnitedStatesoj A mer· of amendment to the Constitution of the United States. ica in OongressiJlisembled, That in case any ofthe followin~ appropriation bills for the fiscal year ending J nne 30, 1877, shall not have passed by the commencement of such The rules were suspended (two-thirds voting in favor thereof) and year, so that the funds to be appropriated thereby may then be available for ex- the bill (H. R. No. 3791) was passed. penditure, that is to say, the bill providing for the legislative, executive, and judi- PONTON BRIDGE ACROSS THE MISSISSIPPI. cial ex~enses ; the bill providing for the consular and diplomatic expenses ; the bill providlng for the service of the Post-Office Department; the bill providing for the Mr. DUNNELL. I move that the rules be suspended and that the support of the Army; and the bill providing for the naval service, the appropria- Committee on Commerce be discharged from the further considera- tion act for the current fiscal year corresponding in its general description and ob- tion of the bill (S. No. 336) to authorize the construction of a ponton ject to snch appropriation bill shall extend to the fi.scaJ. year next ensuing until bridge across the Mississippi River from some feasible point in La such appropriation bill is enacted and t.'\kes effect, to the end that the provisions of Crosse County, in the State of Wisconsin, to some feasible point in such appropriation act which apply to the ord~ and necessary expenses of the v.ublio service for the current fiscal year shall in like manner be applicable to sim- Houston County; in the State of Minnesota, and that the bill be passed. ilar expenses which may accl'lle dunng the period intervening between the end of The bill was read. the current fiscal year and thfl time when such appropriation bill for the next en· suing fiscal year shall be enacted and take effeet. Mr. DUNNELL. I desire to say that this bill has the unanimous Mr. HOLMAN. I hope that will not be acted on at this time; approval of the Committee on Commerce. The rules were s~spended (two thirds voting in favor thereof) and there is no necessity for it. Mr. HURLBUT. I hope that the joint resolution will be referred the bill was passed. to the Committee on Appropriations. RELICS OF WAR OF 1812, STONINGTON, CONNECTICUT. The Honse divided; and there were-ayes 23, noes 103. Mr. WAlT. I move that the rnles be suspended and that the joint Hr. SAMPSON demanded the yeas and nay•. reaolutio.n which I aend to the delik be pasaed. 4160 CONGRESSIONAL RECORD-HOUSE. JUNE 26, The Clerk read as follows: The Clerk read as follows : Whereas there are now at the town of Stonin£t;on, in the State of Connecticut, Be it resolved, That the Secretary of the Interior be, and he is hereby, authorized two eighteen-pounder iron cannon and two eigliteen·pounder traveling-carriages and directed to increase the present clerical force of the Pension Bureau by the belongmg to the same which were used for the defense of . said town against the appointment of 80 many clerks, not exceeding one hundred in number, of classes attack of British men-of-war in the war of 1812, and which cannon are highly prized two and three as be may deem necessary to complete at the earliest practicable day by the inhabitants of said town as memorable relics of the bombardnient of the the arrearage of work .in the Pension Bureau, and that the sum of $75,000 is hereby town on the 18th day of August, 1814: Therefore, appropriated for that purpose. R.e~Jolved by the Senate and HOUlie of Repre8entatives of the United Stata in C011r gre8s assembled, That said guns and gun-carriages be, and they hereby are, ~onated Mr. WHITE. I do not desire to debate this question, but I ask that by the United States to the warden and burgesses of the borough of Stonmgton, the correspondence which I send to the Clerk's desk may be read. to be owned and held by them and their successors in office; and permi.ssion is Mr. RANDALL. I object. hereby given to said warden and burgesses to place the same on unoccup1ed land belonging to the United States at the end of the point, 80 called, in said town and Mr. WHITE. I ask that it may be printed as ·part of my remarks. borough of Stonington. Mr. RANDALL. I object. Mr. WAlT. I send to the desk, and desire to have read a letter The SPEAKER pro tempore. The gentleman from Kentucky knows and petition explanatory of. the resolution. that no debate can be had under a motion to suspend the rules. Several MEMBERS. Let them be printed. 1'p.e question being taken, there were-ayes 36, noes 77; no quorum Mr. WAlT. Very well; I ask unanimous consent that they be votrng. printed in the RECORD. So (further connt not being demanded) the rnles were not sus- There was no objection, and it was so ordered. pended, two-thirds not having voted in favor thereof. The letter and petition are as follows : BRANNIN, SUMMERS & CO. . STONINGTON, CONNECTICUT, June 24, 1876. Mr. HILL. I move that the rules be suspended and that the Com- DEAR Sm: I have the honor to forward you herewith a petition from over one mittee of the Whole House be discharged from the further considera- hundred of our citizens irrespective of party or color, praying Congress to donate to this borough the two old guns that were used in the gallant fight for the defense tion of the bill (H. R. No. 3508) for the relief of Brannin, Summers & of Stonington on the H:th of August, 1814. Co., of Louisville, Kentucky, and that it be put upon its passage. An net of Congress was passed during the present session authorizing the sale of This is a bill which baa been reported by two Committees of Ways the old arsenal here, which order has been exoouted. low, unless the Govern- and Means nnanimously, and there ·can be no objection to it. ment will donate us the guns, they will be removed to the Watertown arsenal, greatly to the regret of every man, woman, and child in Stonington. To show The bill waa read. It is as follows: how strong has been the attachment of our citizens for those historical relics, I will That the Secretary of the Treasury be authorized and directed to pay Brannin, mention that the Government ordered them to be removed from here in 1826. Not Summers & Co., of Loni~>ville, Kentucky, the sum of f8,593.62, in gold, "in full for a team could be secured in town to remove them. One, however, from out of town duties paid b.y them in certain proceedi.rigs in rem, brought by the United States was secured and attached to the guns, and they were started from the arsenal against certain sugars in the United States court for the district of Kentucky, toward the dock. But the whole populace were turned out under the command of alleged to have been fraudulently imported through the custom-house at New ·Captain Jabez Holmes, the old gunner who trailed them on the enemy during the Orleans. bomba1-dment and who nailed the· colors to the mast. The driver with his team were sent out of the town, and the assembled citizens, assisted by the women and Mr. HILL. At the instance of the committee I a.sk to modify the children, applied themselves to the dr~·ropes and tooks the guns back to· the arse. bill by correcting a mistake accidentally made. I propose to strike nal, old Captain Holmes riding astride the foremost gun. We still bold the old flag that Captain Holmes nailed to the mast, and which was out $8,593.62 and insert in lien thereof $9,588.62. riddled by the enemy's shot, and we mean to keep it and nail it to the mast a~in There was 11.0 objection, and the bill was modified as stated. if occasion requires it; and with your help we will try to stick to the old guns that Mr. KASSON. I ask unanimous consent that the gentleman from returned the enemy's compliments. Georgia [Mr. HILL] be permitted to make the report of the commit- We will feel under great obligations to yon if yon will draw the necessary reso- tee on the facts of this case. lutions donating the guns to the borough of Stonmgton and granting us permission to place them on the unoccupied Government land at the end. of tlie point, where Mr. HILL. The report is in writing. they may stand in honor of the brave men who used them with such t ;-lling effect Mr. KASSON. I ask nnanimous consent that the report may be in their f!allant fight, and some of whom are still living and who will be thrice read before we are called upon tQ vote on this bill. happy to have Congress grant our petition. With very great respect, your most obedient servant, Mr. FORT. I think the bill ought to go to the Calendar. I object. · GEO. D. STANTON, M. D. Mr. HILL, It is on the Calendar. It was reported last session Ron. JoHN T. WAIT. _, nnanimously by the Committee of Ways and Means and was not To the honorable th~ House of .Representatives of the United States: passed. It has been reported again this year and has been placed on Your petitioners, inhabitants of the borouf!h of Stonington, in the State of Con- the Calendar. necticut, would respectfully represent that there are in this borough two old eight- The rnles were suspended, (two-thirds voting in favor thereof,) and een-pounder iron cannon and two eighteen-pounder traveling carriages which were used for the defense of this town during the war of 1812, and which are aboutto be the bill was passed. . removed in consequence of the recent sale of the United States arsenal; and"that said guns, by rea,son of past service, have ceased to be of value to the Government RECEIVER AT HOT SPRINGS, ARKANSAS. for purposes of defense, and that they are highly prized by our citi.zeus as mem- Mr. GAUSE. I offer the joint resolution which I send to the desk, orable relics of the bombardment of this town on the lOth of August, 1814. Wherefore your petitioners respectfully request that the said guns and carriages and move that the rules be suspended and that the joint resolution be donated to the bOrough of Stonington, and your petitioners, as in duty bound, be passed. will ever pray. The joint resolution was read, as follows: The rnles were suspended (two-thirds voting in favor thereof) and Joint resolution to modify the order appointing a receiver at Hot Springs, Ar- the joint resolution (H. R. No. 135) waa passed. kansas. CHINESE IMMIGRATION. Resolved by the Senate and HOU!ie of Representatives of the United Statu of .A. merica in Oongresa a&sembled, That the order of the Court of Claims in the matter of ap- Mr. LUTTRELL. I move that the rules be suspended and that pointing a receiver of the Hot Springs reservation, in the State of Arkansas, under the preamble and resolution which I send to the desk be adopted. section 5 of the act of June 11, 1870, be, and the same is, 80 far modified as to sus· The Clerk read as follows: pend the collection of rents by said receiver until Congress shall direct by law what disposition shall be made of said reservation. Whereas there are now in California and the adjacent Pacific States about one hundred thousand Chinese and other persons of the Mongolian race; and whereas Mr. KASSON. That should go to a committee. the said population is being increased at the rate of from eight hundred to one Mr. HOLMAN. I object to this measnre being urged under a sus- thousand a week; and whereas it is estimated that 90 per cent. of said immigra- pension of the rules. tion consists of coolies, peons, or persons held in similar conditions of obligation or bondage, having no sympathy and seeking no assimilation with the political, The question being taken, the rules were not suspended, two-thirds social, or religious elementa of the people of said States; and whereas the above- not voting in favor thereof. recited facts are becoming the occasion of great complaint, uneasiness, and dissat- Mr. GAUSE. I ask unanimous consent that the joint resolution be isfaction in the communities more immeiliately affected thereby; and whereas the referred to the Committee on Pnblic Lands. aforesaid character of immigration is not contemplated by the spirit of the Consti- tution or by the laws of t.he people of the United States : Therefore, There was no objection, and the joint resolution (H. R. No. 136) to Be it re8olved, That a committee of five members of this House be appointed to modify the order appointing a receiver at Hot Springs, Arkansas, was examine int-o this subject, with full powers in the premises, and that the same are read, a first and second time, referred to the Committee on Public hereby instructed to report to this House at its ne:x~ session. Lands, ·and ordered to be printed. Resolved. That said committee shall have authority to employ a stenographer, and to send for persons and_papers. CLAIMS FOR HORSES, ETC. Mr. LUTTRELL. We simply desire that the people of the United Mr. TERRY. I move to suspend the rules and pass the bill (H. R. States may know the condition of affairs in relation to the Chinese No. 2569) to revive the law and extend the time for filing claims for question on the Pacific coast. · horses and eqnipments lost by officers and enlisted men in the service The question being taken on suspending the rules and adopting of the United States. the preamble and resolution, there were-ayes 37, noes 31; no quo- I will state that the bill is unanimously reported by the Committee rum voting. on Military Affairs. The SPEAKER pro tempore. Is further count demanded f The bill was read, as follows : M.r . LUTTRELL. I see an indisposition on the part of gentlemen That the time for filing claims for horses and eqnipments lost by officers and to deal with this issue. I ask that the preamble and resolution ·be enliated men in the military service of the United States under an act entitled referred to the Committee on Foreign Affairs. "An act to amend an act entitled 'An act to provide for the payment of horses and other propert61ost or destroyed in the miltary service of the United States,' There wa.s no objection, and it wa.s so ordered. approved March :J;1849," and which exptred by limitation on the 1st day of Janu- CLERICAL FORCE OF THE PENSION BUREAU, ary, 1876, be, and the same is hereby, revived; and that all claims for horses or other property so lost or destroved, filed in the proper Department after the 1st day of Mr. WHITE. I move that the rules be suspended and that the res- J a.nuary, 1876, and before "the passage of this act, shall be deemed to have been filed olution which I send to the Clerk's desk be adopted. in due time, and shall be considered aDd decided without refiling. 1876. CONGRESSIONAL RECORD-HOUSE. 4161 Mr. CONGER. The words "other property" in that bill ought to Mr. GOODIN. General Sherman strongly ur~es it. defeat it. The question was t.aken ; and (two-thirds votmg in favor thereof) Mr. DE BOLT. It is a revival of the old Jaw which ha-s been in the ru1es were suspended and the joint resolution was passed. force since 1849; in the very same words. BEJ.~JAMIN F. REYNOLDS. The question was taken, and (two-thirds voting in favor thereof) the ru1es were suspended, and the bill was passed. Mr. SPARKS. I move that the rules be suspended and that the Committee of the Whole on the Private Calendar be discharged from CITADEL AT CHARLESTON, SOUTH CAROLINA. the fnrtber consideration of the bill (H. R. No. 1237) for the relief of Mr. SMALLS. I move that the ru1es be suspended, and that the Benjamin F. Reynolds, and that the same be passed. following preamble and resolution be adopted: . I would state that the bill only gives this soldier two and two- Whereas the Government of the United State!! has had possession and use for thirds of a months' pay. military purposes since March, 1865, of the bnildin.r and grountls in the city of The bill was 1·ead. It authorizes and directs the Secretarv of War Charleston, South Carolina, h.JJown as the "Citadel, .'i' a valuable property belong· to pay to Benjamin F. Reynolds, late captain of Company K, Fortv- in~rto the cit;y of Charleston, South Carolina; and whereas no rent or compensa- tion of any kmd bas been allowed the city of Charleston, South CRrolina, for the eighth Regiment of Illinois Volunteers, out of any money appropriat- use of said propetty; anrt whereas the city of Charleston, South Carolina, desires ed or which may hereafter be appropriated for the pay of the Al.·my, to recover possession of said property or to obtain o. fair corn pensation for the use of a sum equal to the pay and emoluments of a captain of infantry from thfl same: Therefore. Resolved, That the Secretary of War be, and he is hereby, direeted to inform the the 1st day of March, 1!::!64, to the 22d day of May, 1864. House of all the fact-s connected with the possession and use of said property by Mr. SPARKS. I would state that this bill was unanimously re the United States, what amount is justly due as rent therefor, and whether the in- ported by the Committee on War Claims and the report is at th6 turcst of the United States requires the continued use of and possession of said Clerk's desk. property, and, if so, upon what terms the property can be rented or purchased. 'l'he question was taken; and (two-thirds voting in favor thereof) The question was taken, and (two-thirds voting in favor thereof) the rules were suspended and the bill was passed. the rules were suspended, and the resolution agreed to. ALLEN EDDY. CLAOI OF CHOCTAW NATION. Mr. BRADLEY. I move that the rnle.s be suspended and that the Mr. WILSHIRE. I move to suspend the rnJes and that the snbsti_. bill (H. R. No. 968) granting a pension to Allen Eddy, a soldier of the tute for the bill (H. R. No. 346~) for the relief of the Choctaw Nation war of 1812, be passed with au amendment. of Iue passed. The bill was read, as follows : The Clerk ren.d the substitute, as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby di- A bill for the relief of the Choctn.w Nation of Indians. rected to place on the pension-roll the name of Allen Eddy, a soldier of the war of Be it enacted by ·the Senate and House of Representatives of the United States of 1812, with the same pension to which he wonld be entitled could he furnish the proof .A.ml'rica in Oonqress a.<~sembled, That the Choctaw Nation of Indians be, and now required by law of his service for the full term of sixty days, to date from Jan- hereby is, authorized to commence an aetion in the United States Court of Claims uary 1, 1872. to recover what~ver is duE', if anything, w said nation from the United State::~ under the eleventh and twe~fth articles of tne treaty between tho Unitecl States and the The amendment was to add after the words" sixty days" the words ChoctawandChlckasaw Indians, of the22ddav of .Tune, A.D. 1855; and said court is "such pension." bm-eby clothed with jurisdiction t-o hear and determine said action, anrl shall ren- Mr. HOLMAN. A biB for the relief of this party has already passed der judgment for the amount which may be found due, if anyt.bin.~, with interest the House, and if it should pass the Senate of course this bill is un- thereon at the rate of 5 per cent. per annum from the 9th da:v of March, 1859; and necessary. said court shall be anthoiized, in the det-ermination of such action, to ~o behind the treaty of 1855, and inquire into the merits of the Choctaw claim so far as tho same Mr. BKADLEY. He received his land warrant and served forty may be afft;cted by fraud in the making of any u·eaty with said tribe or r:J.tifying days. the same, or in any negotiation or official co~espondence relating to the same; or Mr. RAINEY. I objec 11 to debate unless we can all be beard. by any act of Congress or repo1ts of Departments touching ImHan affairs, or any previous settlements with or receipts execut-etl by the duly-constituted authorities The question was taken; and (two-thirds not voting in favor there- of said tribe; anu either party may prosecure an appeal to the Supreme Court of of) t.be rules were not suspended. the United States from such judgment, if such appeal l>e prayed within thirty days RETRENCHMENT AND REFORl\1. from the renilition thereof; and in the bearing and determination of said suit the said courts, or either of them, shall give saitl action precedence over other cases. Mr. CALDWELL, of Tennessee. I move to suspend the ru1es and SEC.!!. The said action shall be eommenced by a petition stating tho facts on which pass the resolution which I send to the Clerk's desk. said uation claims to recover and the amount of its clain1; anu ::~aid petition may be verifietl. by either of the authorized dele~tes of said nation as to the existence The Clerk read as follows: of such facts; and no other statements neea. be contained in s:4d petition or verifi- Resolved, That in the opinion of this House retrenchm~nt and reform are now cation. · · matters of imperative necessity. It is not the mere cry of demagogues, but a SEc. 3. That, if final j ndgment be rendered in .f avor of said nation, the Secretary problem demanding the attention and worthy the highest ability of the Represent- of the Treasury, upon the same being eortified to him under the seal of the court atives of the people. No party is fit to govern this country that cannot solve it. rendering the same, shall pay, out of any money in tho Treasury not otherwise ap- It is vain to look to executive officers for reform; their power and infi nence de- propriated, to the proper authorities of said nation, upon their rt!quil;ition, so much pend upon executive patronage, and while we grant they will squander. The of said judgment as tliey shall ascertain :tnd det.cnrune to ·be necessary for the pay- Senate is neither by the theory of our system nor by its composition fitted for tho ment of ·the just liabilitie!! of the tribe to its mdividual members rclerretl to in task. 'l'his House alone has the constitutional power to t>erfect a radical reform. said treaty, such costs of suit and attorneys as may be allowed bv the court, and The Constitution provides that no money shall be drawn from the Treasury buc.in shall retaln the balance, if any, in truflt for said nation, as provided in the thir- consequence of appropriations made by law, and that all bills for raising revenue teenth article of said treaty; or said Secretary of the Treasury may, in his discre- shall originate in the House of Representativ~. These provisions were designed tion, make such payment aforesaid, to the proper authorities aforesaid, by deliver- to mvest in this House the entire control over t.he public purse, the power of supply. ing to them any bonds of the Unitetl. States which have been or may be authorized This is investetl. in tho House of Commons, and baA been zealously gu.ardecl by it; by law,_ bearing inter·est at the rate o.f 5 per cent. per annum. And the payment it is a pearl beyond price, without which constitutional.liberty in England would of the JUdgment re.covered under tbts act shall be hel, Ward, Warren, Erastus Wells, G. Wiley Wells, Wheeler, Wbite- llonse, Whiting, Whitthorne, .Anurew Williams, Charles G. Williams, James Will· GENTLEMEN: The Society of the Oldest Inhabitants respectfully invite yon to iams, James D. Williams, Willis, Wilshire, Benjamin Wilson, Alan Wood.jr., Fer- be present at their celebration of the Centennial .Anniversary of .American Inde- nando Wood, and Young-160. pendence, which will take place at Ford's Opera House, at twelvo o'clock m. The Declaration of Independence will he read by Colonel Horatio N. Easl>y and an During the call of the roll the following announcements were made: oration d.eliveret.l by JJ. A. Gobright, Esq. Mr. VANCE, of Ohio. I am paired with my colleague, Mr. VAN I have the honor to be, very respectfully, your obedient servant~ JNO. B. BLAKE, President. VonBEs. I do not know how he would vote if present, but I would The SPEA.KBR AND MEMBERS of the House of Representatives of the United States. vote'' ay." Mr. DOUGLAS. I am paired with Mr. MAcDouGALL, of New Mr. KASSON. I move that communication be referred to the Com- York; if he were present I would vote" ay." mittee on the Centennial Celebration. Mr. SMITH, of Pennsylvania. I am paired with my colle~y Fed- on the bill (H. R. No. 2'234) for the relief of Henry Simons; which eral forces at Brashear City, Louisiana, during the late war, to the was referred to the Committee on Military .Affairs. ' Committee on War Claims. FUNERAL EXPENSES OF ARMY OFFICERS] By Mr. CUTLER: The petitions of insurance companies in the cities The SPEAKER pro tempore nlso laid before the House a letter from of New York, New York; Philadelphia, Pennsylvania; Springtield, the Secretary of War, transmitting a copy of a communication from Massachusetts; Hartford, Connecticut; Saint Louis, Missouri; Chi- the Quartermaster-General, relative to providing for funeral expenses cago, Illinois; Boston, Massachusetts; Galveston, Texa~; San Fran- of .Army officers; which was referred to the Committee on Appro- cisco, California; Bangor, Maine; Newport, Kentucky, and Detroit, priations. Michigan, for the re-adjustment of postage ratesnpou policies and all TRANSPOnTA.TWN OF THE ARMY. the various documents used by insurance companies, so as to conform The SPEAKER JJro tempore also laid before the House a letter from to the rates charged upon mailable matter of the third class, to the the Secretary of War, transmitting a communication from the Quar- Committee on the Post-Office and Post-Roads. termaster-General, relative to a paragraph in the Army appropriation By Mr. DAVY~ The petition of citizens of New York, that the law bill providing for the tran~ortation of the Army; which was re- regulating the manner of packing tobacco remain unchanged, to the ferred to the Committee on Appropriations. Committee of W a~-s and Means. By Mr. LANDERS, of Connecticut: The petition of Georg6 W. WAll C4Ul\18. Hubbell and W. E. Conant, for an extension of a patent on double- The SPEAKER p1'0 tempo1'e also, by Qnanimous consent, laid before acting steam-pump, to the Committee on Patents. the House a letter from the chief clerk of tbe Treasnry Department, By Mr. RICE: Memorial of Benjamin P. Runkle, late major Thir- 1876. CONGRESSIONAL RECORD-SENATE .. 4163 t.eenth Ohio Volunteer Infantry, for a change of the time from which ?.Ir. CONKLING. 1\fay I inquire from whom this cmmnunication he should receive a pension, from November, 1875, to January, 1873, to cowes 1 the Committee on Invalid Pensions. The PRESIDENT pro tempe»·e. From the mayor of tl1e city of By Mr. SAMPSON: Memorial of the Scott County (Iowa) Medical Philadelphia. Society, against the passage of the bill to incorporate the National 1\fr. SHERMAN. I inquire if it speaks of a committee composed of Surgical Institute of the District of Columbia, to the Committee for both Houses f the District of Columbia. Mr. ED.MID\TDS. Let it be read again; let us see just what it is. By Mr. STEELE: The petition of Michael E. Urell, for pay as The communication was I'ead again. second lieutenant, United States .Army, from the date of issue of his Mr. EDMUNDS. I move that the communication be referred to commission to date when mustered into service as such, to the Com- the Committee on Privileges and Elections. mittee on Military Affairs. The PRESIDENT pro tempQre. The Senator from Indiana had By Mr. VANCE, of North Carolina: The petition of Mary Tatham, moved a reference to the Committee on the Library. The Senator widow of Thomas C. Tatham, for compensation for surveying pre- from Vermont moves an am~ndment to refer the communication to emption rights allowed to the eastern band of Cherokee Indians of the Committoo on Privileges and Elections. North Carolina by her late husband, to the Committee on Indian The amendment wa-s agreed to. A.ffa.irs. The motion to refer, as amended, was agreed to. By Mr. WILLIAMS, of .Alabama: .A paper relating to the estab- l'tiESSAGE FROM THE HOUSE. lishment of n. post-route from Louisville, Barbour County, to Troy, Pike Connty, .Alabama, by way of Joiner's Bridge, to the Committee .A message from the Honse of Representa.tives, by Mr. G. M. ADAMS, on the Post-Office and Post-Roads. its Clerk, announced thaf the Honse had passed the following bills and joint resolutions; in which the concurrence of the Senate was requested: · . The following petitions were presented at the Clerk's desk under .A bill (H. R. No. 1237) for the relief of Benja.min F. Reynolds; the rule, without ha.ving indorsed thereon the name of any member, A bill (H. R. No. 2569) .to revive the law and extend the time for and referred as stated: filing claims for horses and equipments lost by officers and enlisted The petition of John J. RUch, of Scott County, Mississippi, to be men in the service of the United States; re-imbursed for property taken by the United States .Armyduringthe .A bill (H. R. No. 3508) for the relief of Bmnnin, Summers & Co., late war, to the Committee on War Claims. of Louisville, Kentucky; The petition of Paschal D. Hammack, of Scott Co1mty, Mississippi, .A joint resolution (H. R. No. 129) authorizing the Secretary of War of similar import, to the same committee. to issue arms; and . The petition Latham & Lawhorn, of Scott County, Mississippi, to .A joint resolution (H. R. No. 134) donating two cannon and car- be re-imbursed for the balance due for property taken by the United riages to the warden and burgesses of Stonington, Connecticut: · States .Army during the late war, to the same committee. The message also announced that the House had concurred in the The petition of John L. Smith, of Scott County, Mississippi, to be amendment of the Senate to the joint resolution (H. R. No. 104) for re-imbursed for property taken by the United States Army in Febru- the relief of Edward O'M. Condon. ary, 1864, to the same committee. PETITIONS AND MEMORIALS. Mr. INGALLS. I present the petition of certain of the old defend- ers of the District of Columbia, praying an amendment of the pen- sion law. I move that this petition lie on the table, as a bill has been reported on that subject. IN SENATE. The motion was agreed to. . TUESDAY, June 27,1876. Mr. SHERMAN presented the petition of Mrs. Ennice Tripier, widow of Surgeon C. S. Tripier, praying for an increase of pension; Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. which was referred to the Committee on Pensions. The Journal of yesterday's proceedings was read and approved. Mr. CONKLING. I present a petition signed by a large number of merchants and others, of Philadelphia, Pennsylvania, praying for EXECUTIVE COMMUNICATION. the passage of the bill (8. No. 846) to punish the counterfeiting of The PRESIDENT pro tempore laid before the Senate a communi- trade-mark goods and the sale of or dealing in counterfeit trade-mark cation from the Secretary of \Var in the nature of a report, stating goods. That bill having been reported, I move that the petition lie that rules and regulations for the care and management of the public on the table. · park set apart by the provisions of an act of Congress approved The motion was agreed to. March 3, 1875, entitled ''.An act to sot apart a certain portion of the REPORTS OF COMMITTEES. island of Mackinac, in the Straits of Mackinac, within the State of Mr. ROBERTSON, from the Committee on the District of Colum- Michigan, as a national park," have been prepared and ready for pub- bia, to whom was referred the bill (H. R. No. 2881) to authorize the 1ication, and recommending the passage of a special act for the pun- establishment of a certain free public highwa,y in the District of Co- ishment by the courts of transgressors against the rules established lumbta, and for other purposes, reported it with an amendment. for the care and management of the park; which was referred to the Mr. HOWE, from the Committee on Foreign Relations, to whom Cozmnittee on Military .Affairs, and ordered to be printed. wa-s referrecl the bill (S. No. 892) to encourage and promote tele- INVITATION TO PHILADELPHIA FOR JULY 4. graphic communication between Ame.r ica and .Asia, reported it with amendments. The PRESIDENT pro tempore laid before the Senate the following TREASURY ACCOUNTS. communication: . MAYOR'S OFFICE, Mr. ANTHONY. The Committee on Printing, to whom was referred Philadelphia, Pennsylvania, June 26, 1876. a motion to print a letter from the Secretary of the Treasury, trans- DEA.B Sm: On behalf of the committee on celebration, I have the honor to request mitting, in answer to a Senate resolution of February 9, 1876, a state- that the document titled "The Administrators of the United States Government ment of balances doe to the United States from public officers and at the Beginning of its Second Century" be brought to Philadelphia by a committee from other parties no longer in the public service which have accrued composed-of both Houses of Congress, for the purpose of having it unveiled as a pn.rt of the anniversary exercises, July 4, 1876, and that a member of the committee since January, 1830, have instructed mo to report back the same ad- officiate as the orator on the occasion. versely, except so far as refers to a condensed statement which con- I have the honor to be, very respectfully, your most obedient servant tains a good deal of valuable information and which the committee WM. S. STOKELEY, Mayor. think may well be printed. I will not ask a vote upon the adverse Hon. THOMAS W. FERRY, President of Umted State~~ &natt, Washington, D. 0. report in the absence of the Senator from West Virginia, [Mr. DAVIS,] on whose motion the information was called for. I am quite confi- Mr. MORTON. I suggest that that be referred to the Committee dent that when he comes to examine this vo'luminous and expensive on the Library. and utterly useless document, he will not desire that the Government Mr. CONKLING. I ask the Secretary to read again enough of that shall go to the additional expense of $2,262 to print it. to show what it refers to. We did not understand from the reading It contains a list of all persons, including those not now in the pub- of it. lic service, against whom there appears to be a balance on the books The communication was again read. of the Treasury. In very many instances the balance is nominal, not Mr. SHE~MAN. They invite the whole Congress to go over and real, sometimes so designated ; in very many cases it arises out of mis- deliver this document. understanding between the disbursing officer and t.he accounting offi- Mr. CONKLING. What is the document, may I inquire ".Admiu- cers of the Treasury, which, when they come to be explained and istrators of the Unit-ed States GovernmenU" ' adjusted, may be decided iu favor of one party or the other. In very The PRESIDE.NT pm tempore. The Chair understands it is a doc- many instances it arises from balances doe fi·om -officers of the Navy ument that has been here in the Senate Chamber as well as in the who have gone down with their ships with their papers upon them; Honse of Representatives for the signatures of members of both officers of the .Army who hM·e fallen in battle or died in hospital and Houses t{) be appended to it. Of the literal purport of the document whose vouchers have been lost; while it is apparent from the sup- the Chair is not now informed, but thinks it ·b ears the names of all plies which they had purchased and from the men whon-. they had brar:ches, the Executive and Cabiuet, the legislative and judicial de- paid that the money intrusted to them had been expended for the partments of the Government. · purposes for which it was appropriated. According to the law tllese 4164 CONGRESSIONAL RECORD-SENATE. JUNE 27, all appear upon the books of the Treasury as indebted for the unset- average of twenty-three cents on the thousand dollars or only about tled balances; for, while the Treasury charges an officer with every- one-sixtieth as much under the present Administration. This is ex- thing paid to him, it does not credit him with what he has paid out clusive of the Post-Office, which administers its own revenue. In the nntil it is ascertained and adjusted acconling to regulations of t.he Post-Office the loss has gone down from $11.18 on the 1,000 in Jack- Department. Many of these are charges for overpayments; that is, son's administration, and 26.19 in Van Buren's, to $1.59 for the first where an officer has erroneously paid to some creditor of the Govern- term of Grant and $1.01 for the second; with an average of 3.51 for ment more than he was legally a.u thorized to receive; and of course the whole period. I move that this statement, which I think is cred- th~ disbursing officer must suffer the .consequence of his error. That itable to the Government and to all parties, be printed; and that the is a blunder, but it is not a crime. .He has not embezzled the money ; adverse report of the Committee on Printing on the rest of the docu- - be has not. defrauded the Government; he has made a mistake and ment lie over until the return of the Senator from West Virginia. paid a man a. thousand dollars, for example, when it appears from all Mr. WITHERS. In justice to the Senator from West Virgina, un- , the information yet ·in the· possession of the Treasury that he only der whose resolution the report wa~ made which the Committee on . ought to have paid him $WO; and therefore he stands as a defaulter Printing have reported against the printing of, I think it proper to for $10 on the books of the Treasury. This rua.y in many cases re- state that he certainly never intended his resolution to parade before main yot open for adjustment. I am sure that noboily wants to pub- the country the names of such parties as have been read by the Sen- lish the names of such men, living and dead, as embezzlers and de- ator from Rhode Island, his idea and ohject bein~ to elicit illforma- faulters in any criminal sense. tion with regard to the number of bo'na fide defaulters to the Govern- The great defalcations, the criminal defalcations, are all known ; ment; and the 1·eductio ad absurdum, which has been reached this they are all made public; they cannot be concealed·without criminal morning through the remarks of the Senator fTom Rhode Island I do complicity of the accountin(J' officers. They are put in suit against not think is fairly applicable to the resolution which was preseuted the defaulters and against their bondsmen; and other cases are put by the Senator from West Virginia or to the information which was in suit the results of which do not always show that the officer is a elicited thereby, his object being, as I say, to secure information as to defaulter. There may be cases of honest differences of opinion be- the number and amount of bona fide defalcations which had occurred tweel\ the officer and the Department as to the Jaw, which are to be in the GoYernment, and those and ·those only he desired to have settlea by·the courts. A gre~tmany cases grew up before the present printed. I say this in justice to him. improved system of keeping the accounts, when disbursing officers Mr. SHERMAN. All I desire to say is that the resolution of the who were also receiving officers, received the revenues of the Govern- Senator from West Virginia as originally offered would have called ment, disbur ed the expenses of· their Departments, and turned over only for those defalcations that occurred under a republican allmin- the balance to the Treasury. That system prevaile(l until it was re- istration, or was limited in point of time from 1865 to tbis period, and formed in our day, and under that system the result of every differ- wonlil have included the names of hundreds and thousands of soMiers ence of opinion between a disbursing officer and the Department who died on the iield of battle with the very arms used in defense of would stand as a defalcation against him. Some of these cases are so their country charged to them, and which charges are yet on these triflin(J' that I have collated a few of them. Although I should not books. So with officers of the Navy. The injustice of the resolution read the names of any persons who would suffer by it, I suppose the of my :friend from West Virginia was that it confined itself to a pat·- illustrious name of Washington Irving will not suffer if I say that he ticular period, during which a particular party wa~ in powf:'r; atHl, stands here as a defaulter to the amount of three cent~ I Here is an- therefore, it was extended back so as to embrace many administra- other officer in the list whom I was instrumental, among others, in tions of many parties, different phases of our political life from 1834 commending to the public service, in which be greatly distinguished to this time. himself. I shall hold myself respom~ible for his defalcation, principal Now, when it comes before us I do not think that the Senat.orfrom and interest in gold. It amounts to one cent. I do not suppose any- West Virginia, or any Senator who looks over this list, would do the body will think that Robert Walsh was an embezzler or defaulter to injustice to publish this list either .from 1865 down or from 1834 down ; the Government, and yet he is put down for a small amount. Here but I did not object to this paper being prepart>d, because, if there is I find an old colonel whom I knew well, who died in 1854, who is any defaulter, any man who rea.Uy has appropriated with bad intent marked as a defaulter for $3.60. money of the Government of the United States which he has not paid Mr. President, I do not wish to impair the credit of the great bank- over, he should be exposed. Here is a formidable list, and from that ing house of this city, but. I am bouud to say that Corcoran & Riggs list those cases may be expurgated and published if necessary. As I stand down here as defaulters under this call for information. said the other day, I should be willing to publish on the barn-uoors Mr. HAMLIN. What is the amount of thatf all over this broad land the name of every man who has robbed the Mr. ANTHONY. Seventy-two dollars. Government or betrayed the trust reposed in him by the Government Mr. SHERMAN. I ask if the English bankers, Baring Brothers & of the United States; but it is manifest that in doing that we ought Co., are there f not to do injustice to the most virtuous, the most patriotic, and the Mr. ANTHONY. Baring Brothers are down, and, worse than that, best men in our land. the Eng1ish governmeuti itself is put down as a defaulter. As we Mr. WITHERS. That is all that the Senator desired to accomplish, ~ave just settled nearly all _our old difficulties with England and got I have no doubt. I t.hink he does not do it by printing such cases as mto a new one, I do not wish to see the credit of that government are described. impaired, and for its relief I must state that a marginal note reads: Mr. SHERMAN. The difficulties will then be in making the "The Secretary of State says he has no doubt this was settled lon(J' expurgation. ago." It occurred in 1813, but it stands on the books as over $1,200 .Mr. MORRILL, of Vermont. When this subject wasupinthefirst of defanlt by the Brit,ish government. instance, on the motion of the Senator from West Virginia, I thought Mr. President, I might go over a ~reat many illustrations of the it a matter of sufficient importance to go to the Treasury Department same kind, bnt I have made quite sufficient to show that, while there and ascertain precisely what had been the amount of the defuJca- are of course in the great operations of the Treasury many defaulters tions there and at the Internal-Revenue Bm·eau, and I obtained sim- and many embezzlers, nothing could be more unjust than to mix them ilar results to those which have been read by the Senator from Rhode up with these persons who are marked in default in the Treasury, Island, but based on different dates and presented in a litt,]e differ- but who are not defaulters iu any sense whatever, and probably do ent manner, but still in a manner of sufficient interest, I think, to not owe the Government anything. Certainly it is not likely that warrant me in rending the two communications t.hat I received at Corcoran & Riggs, Baring Brothers, and the British government owe that time. First, I read from the Assistant Secretary of the Treasury: the Treasury anything. TREASURY DEPARTMENT, . The aggregate statement of the disbursements of the Treasury Washinaton, March 22, 1876. under the list is a paper exceedingly creditable to the American Gov- DEAR SIR: Referring to your verbal request, made on Saturday last, to be fnr- ernment. I do not mean to any particular party, but to the financial nisbeu with a statement showing the defalcations of cust.oms officers, I ha.~e the history of the United States. There have been disbursed since 1834- honor to inform you that the total amount of collections of revenue from customs I can hardly read such big figures- 13,936,870,072.05, of which is from April 1, 1861, to June 30, 1875, amounted to 2,1:36,395,642.42. Total defalca· tiona from March 4, 1861, to June 30, 1~75, $:>5.1,!i34.27. The deft~ lcation is 1·60 marked upon these books $~2,266,000, being about half a million of of 1 per cent. of the amount collected. or $1.60 in every 10,000. dollars a year, and a great part of this is nominal, not real. I promised to senrl these figures to you on Saturuay hst, but founcl it impossible The losses on the 1,000 of disbursements were, in the administra-· until the p1-esent moment to get them ready. tion of Jackson,$10.55; Van Buren, $21.15; Harrison and Tyler,$10.37· Very truly, CHAS. F. CONANT. Polk, $3.34; Taylor and Fillmore, $7.64; Pierce, $5.86; Buchanan: Ron. JusTIN S. MORRILL, $6.9o; Lincoln, 1.41; Johnson, 48 cents; Grant, the first four :vears, United States Senator, Washington, D. 0. 40 cents; the second four years, 26 cents-showin(J' a constant decline which is owing in a lar~e degree to the improved manne~ of keeping I also have a communication from the Commissioner of Internal the accounts; and t.hat IS due very largely to the Committees on Fi- Revenue, which is as follows: nance aud .Appropriations, who have iutrodnced legislation here which TREASURY DEP.ARTMEXT, OFFICE OF lNTEUNAL REVF.YUE, has compelled mu?h greater :;tccur~y and respo~sibility. The aver- Washington, D. 0., Ma1·ch 18, 1876. age percentage of losses durrng t·hiB whole penou on the disburse- following Srn: In compliance with your request. I ha-ve the honor to submit herewith the statement taken from the books and recorus of th1s Offi ce: rueuts is $1.5!l on the thousand. I do not believe that the aggregate The total of internal.revenne tax r et1uned by the various collectors of internal of any class of corporate or private lmsiuess, banking, commercial, revenuo during the period from September 1, 1862, to M3rch :n. 18G5, being from or any other kind, can show so small a percenta(J'e of loss as thi~ and the organization of the internal s~· stem to the close of the month p1-ecediug the it is gratifying t.hat the percentage of loss is. co;rtinnally decrea'sin(J' end of Mr. Lincoln's administration is 283,111, 131; the ascertained "cash defi- ciencies " of collectors appointed during that period are i-414,50!3.10. o ~ about 13-100 coming down from 21.55 in 1he administration of Van Buren to a~ of 1 per cent. of the amount collected. In the period from April!, 1€65, to Feb- 1876. CONGRESSIONAL RECORD-SENATE. 4165 r uary 2R, 1869. being th e: period in even months co• ered by Mr. Johnson's adminis- with my friend's measure; but I think it better to adhere to this as tration, tho collections were $8 L7,068,305 ; ascertained cash deficiencies of collectors a matter of principle and rule. appointed in t bat periotl, $ L,6:W,:J0.!.5~, or about •no of 1 per ct>nt. of the amount collected. In the r eriod from March 1, l e69, to 'F ebruary 28, 1876, ~ing from the :Mr. CHRISTIANCY. I have not the slightest objection to that. bugmnin_g of the pr•·sent admiuistration to t he close of the last month, the collec- The PRESIDENT pro tempore. The Senator from Iowa moves that tions aro $854,808,2:17: ascertained cash dt>ticiencies of collectors appointed in this the bill be recommitted to the Committee on the Revision of the period, e;i92, 75Ul6, or about 69-1000 of l per cent. of 1he amount collectt·d. Laws. As the balances for the last pu iod mentioned arii of comparatively recent occur- r ence and are now in p1ocess of collect ion, it is believt!d that. a. large proportion of The motion was agreed to. it will ultimately be recovered, so that the actual ultimate loss will bo very much BILLS INTRODUCED. less than herein sbJwn. Respectfully, Mr. SHERMAN asked, and by unanimous consent obtained, leave D. D. PRATT, to in troduce a bill (S. No. 945) granting a pension to Ennice Tripier; Commissioner. wllich was read twice by its title, referred to the Commatee on Pen- Hon. J. S. MORRILL, United Statu Senate. sions, and ordered to be printed. Mr. WAD LEIGH asked, and by unanimous consent obtained, leave I think under the circumstances the present and past republican to introduce a bill (S. No. 946) for the relief of Gibbes & Co., of administrations since 1861 have nv reason to feel ashamed of the ex- Charlest.on, South Carolina; which was read twice by its title, re- hibit. ferred to the Committee on Claims, and ordered to be printed. Mr. ANTHONY. :Mr. President, I desire, in justice to the Secretary of the Treasury, who made this report, and in reply to the remarks HOUSE BILLS REFERRED. of my friend from Vrrginia who seemed to think that the report had The joint resolution (H. R. No. 129) antiJorizing the Secretary of eru bodied information uo~ called for by the Senate, to re the reso- War to issue arms was read twice by its t itle. lution, which is: Mr. INGALLS. There is very urgent necessity that the action npou That the Secretary of the Treasury be, and hereby is, directed to furnish the that resolution should be immediate. Senators are familiar with the Senate, as soon as practicable, a. statement of all balances due to the United States condition of affairs upon the western and northwestern frontier; that from public officers, and all such balances due from other parties, (no longer in the an Indian warfare is in progress, and that large ext-ents of territory are public service,) dist-i ngubhing those whose accounts with the United States have been tinally passed upon and adjudicated and those whose accounts are yet unsettled already threatened. The mi1itary force is insufficient to protect the a.nd subject to additional credits, stating the nature of such accounts and the credits people in that locality. The Secretary of War is without authority in question; the statement to embrace the accounts of all such officers or parties in to issue arms to the settl@I'S for their defense and protection. There wh1ch such balances have respectively accrued since the 1st day of January, 1830, is in the various arsenals of the country a very large amount of arms and to set forth respectively, and a.s near asjra.cticable, the period over which the accounts extended and the amount.s involve therein. · and ammunition that have been superseded by subsequent manufact- ures and improvements, and it is necessary that this resolution should I do not see how, under that resolution, the Secretary of the Treas- pass, in order to authorize the Secretary of War to issue cert~in num- ury could have done less than to send the communication which is bers of these arms and certain amounts of this ammunit.ion to the before us; and, if it is iuformation that is not needed, it is our fault settlers o~the frontier. I ask, therefore, that the Senate may con- in calling for it, not his in sending it. cur in this resolution without the formality of a reference to a com- The PRESIDENT pro tentpore. The chairman of the Committee on mittee. · Printing a-sks that the report which he has submitted lie on the table The PRESIDENT pto ~lp&re. The resolution will be read at and that the summary statement which he submits be printed. Is length. there objection to that 7 The Chair hears none, and the Senate so The Chief Clerk read as follows: orders. Be it resolved, &c., That the Secretary of War is hereby authorized to cause to PAY OF RETIR~D NAVAL OFFICERS. be issued to the Territories and the States bordering thereon snob arms as he may deem necessary for their protection: P'f'ovided, That such issues shall be from arms Mr. CHRISTIANCY. I am directed by the Commit tee on the Re- owned by the Government which have been supersedecland no longer issued to the vision of the Laws, to whom was referred the bill (S. No. 909) to cor- Army. rect an error in section 1588 of the Revised Statutes, to report it back Mr. LOGAN. I do not know anything about this mea-sure, but it without amendment; and I ask unanimous consent for its immediate seems to me there are no sa.feguards placed around it at all. It is consideration. just to issue arms without any limit as to price or number, and with- There being no objection, the Senate, as in Committee of the Whole, out any responsibility. I do not ~hink that kind of a measure ought proceetled to consider the bill, which amends section 1~ of the Re- to pass. vi ed Statutes by striking out, in the eleventh line, the word ''sea," Mr. PADDOCK. It seems to me that there can be no difficulty and restoring in place thereof the word "highest." a bon t that. Of course, if the arms are issued they will be issued in :Mr. CHRISTIANCY. I wiRh to make this explanation: it relates accordance with the present law, which is that they shall go to the to the pay of retired Navy officers. As the revision now stands- governors of the States and Territories. It is only an additional The pay of all other offiaera on the retired list shall, when not on active duty, be amount to the quotas already allowed the different States and Terri- equal to one-half the sea-pay provided by this chapter for the grade or rank held tories under the present law. by them, respectively, at tbtl time of their retirement. Mr. LOGAN. This would apply to all the Territories. The act from which the reviser undertook to copy this used the :Mr. PADDOCK. All the Territories have quotas now. term" highest pay," and this is simply to restore that omission. Mr. LOGAN. That is true; but they may have the fnll number of Mr. WRIGHT. I wish to suggest to my friend the Senator from arms to which they are entitled. . l\Iichigan that I flou bt whether this is a proper way to amend a sec- Mr. PADDOCK. Their quota is a mere bagatelle. It amounts to tion of the Revised Statutes. I do not believe we ever ought to do nothing. it. Ho proposes to amend that section by striking out a certain word Mr. LOGAN. I do notthinka billsocarelesslydrawnasthisought and inserting another. I think the only true way to amend a section to pa88, and I a-sk that it be referred ~o the committee. If it is proper of the statutes is to ro euact it so a~ to have it to read as you propose that it should be passed, it can there be put in proper form, but it it shall read now. Take this bill as be reports it, and it will be ut- certainly is not now in a proper shape to pass. · terly impossible to tell what the _law is without going back to the Mr. PADDOCK. I do not object to a reference. Revised Statutes and comparing the two and thus arriving at the Mr. LOGAN. I do not know that I am opposed to it, but the bill meaning. I think the practice has been since the adoption of the is certainly so carelessly drawn that it ought not to Pl:lSS as it is. Revised Statutes, and I think it is a practice we ought to adhere to, There ought to be some safeguards thrown around it. I do not know to re-enact the amenued section precisely as we propose to have it, and that I shall have any objection to it, but I desire that it shall be in not propose to amend a section by striking out one word and insert- proper form if the arms are to be issued. I hope it will be referred ing another. I suggest that to him, and I think it would be better to to the Committee on Milit:try Affair.s. adopt t.hat course in this instance ad well as in all others. Mr. INGALLS. The issuance of these arms and of this ammuni- Mr. CHRISTIANCY. The only alteration maill Mr. LOGAN. If the General of t-be .Army had so said to the Mili- as it $tands in the particulars suggested instead o{ introducing a tary Committee or to the Senate, then there would be something to dangerous precedent, or else to recall the report and have tllo mat. base it on; but be has not so said. If either the General of the .Army ter amended in a proper form. I suggest that the matter be recom- or the Secret~J>ry of War thinks this a proper proposition, let him com- mitted with that understanding. I do not want to interfere at all municate that opinion to the proper aut hority and not iu pri vate-con- 4166 CONGRESSIONAL RECORD-·SENATE. versations. I do not know but that it is perfect.l yproperbut it is not The Chief Clerk read as follows: proper in that light; and therefore I ask that the measure be referred lN HOUSE OF REPRESE:NTATIVES, JU'M 26, 1876. to the Committee ou Military Affairs. If there is any great urgency The committee of conference on the part of the House on the disaJrreeing votes about it, the committee can report a proper bill promptly; but this is of the two Houses on the bill (H. R. No. 25TI) malring appropriations for the legis- not a proper bill, not such a one as I can vote for. lative, executive, and judicial expenses of the Government for the year ending Juno Mr. INGALLS. As far as the question of etiquette is concerned, of 3U, 1877, and for other purposes, having reported that they were unable to agree, Resolved, That the House further insist on their disa~reement to the Rmcml- course it is important that a matter of politeness should stand be- ments of the Senate, insisted on by the Senate, to the said bill, and ask a further twt>en the lives of settlers on the frontier and immediate action. Of conference with the Senate on the disaj!l'eeing votes of tho two IIouses thereon. course, I have no objection to make jf it is a mere matter of etiquette. Ordered, That Mr. Samuel J. RANDALL of Prnnsylvania, Mr. William M. Mr. LOGAN. It is not necessary for Senators to get their knives SPRINGER of lllinois, and Mr. John A. KAssoN of Iowa, be managers at the fur. ther conference on the part of the Honse. sharpened on every occasion. Mr. INGALLS. The Indians have their knives sharpened. Mr. MORRILL, of Maine. Mr. President, on the motion that the Mr. LOGAN. It is not at a.Il a matter of etiquette; there is no eti- Senate insist, and agree to the further conference asked by the Honse, quette about it. I only said that which is perfectly proper. If the I had better perhaps make an observation or two, so that the Senate General of the Army or the Secretary of War has any communication may understand the predicament in which Congress stands upon this to make he should make it to Congress, and not in private conversa- question. tions to individuals. That is what I said, and I repeat it. 1 ask that It will be remembered, perhaps, that the chief disagreement be- the joint resolution be referred to the committee. tween the two Houses on this bill resolves itself into two proposi- The joint resolution was referred to the Committee on Military Af- tions, and the whole action on the bill in both branches ranges under fairs. those twe distinct propositions. Outside of those therA is very little The following bills and joint resolution from the House of Repre- difference of opinion between the two branches, as I understand. sentatives were severally read twice by their titles and referred to Therefore, if we comprehend precisely the two propositions, we shall the Committee on Milit!try Affairs: see the difficulty and embarraasments under which the two branches A bill (H. R. No. 1237) for the relief of Benjamin F. Reynolds; are laboring. The two propositions are these: first, the general re- A bill (H. R. No. 2569) to revive the'" law and extend the time for duction of salaries on a scale of a certain percentage. filing claims for horses and equipments lost by o~cers and enlisted Mr. EDMUNDS. A universal application of one scale t men in the service of the United States; Mr. MORRILL, of Maine. A pretty universal application as to .A joint resolution (H. R. No. 134) donating cannon and carriages this particular bill, which embraces all the civil service applicable to to the warden and burgesses of Stonington, Connecticut. the several Executive Departments of the Government. Of course, The bill (H. R. No. 3508) for the relief of Brannin, Summers & Co., that does not embrace those salaries which are beyond the reach of of Louisville, Kentucky, was read twice by its title and referred to legislation. That was the first proposition in the bill, because the the CoiOIIlittee on Finance. firSt amendment in the bill touches the question of salaries. The SENAT.E 1\UNUAL. • action of the Senate was to non-concur with the House in that re- spect. Mr. HAMLIN submitted the following resolution ; which was re- The other distinct proposition was a general reduction of force, or ferred to tlie Committee on Rules: a reduction touching the numerical force of the Departments appli- Resolved, That the Chief Clerk be directed to prepare a new edition of the Man- cable to the clerks and to the chiefs of divisions in some respects and ual, and that one thousand copies of the same be pnnted for the use of the Senate. to various employes. On that question the action of the Senate was ORDER OF BUSINESS. to concur with the House to a certain extent, to concur in part, and Mr. WRIGHT. I move to proceed to t.h e consideration of the bill non-concur in part. (S. No. 784) for the r~lief of Enoch Totten, administrator of the estate So, then, the distinct propositions before the conference represent- of ·william .A. Lloyd; deceased. ing the two Houses were first the salaries, and second the reduction · Mr. SPENCER. I desire to call up the unfinished business of yes- of the numerical force ; and of course the committee of conference on terday's morning hour. I think that is in order. the part of the Senate, representing the Senate, would insist upon The PRESIDENT pro tempore. The question is on the motion of non-concurring with the House on the question of salaries) while the Senator from Iowa. · upon the question of the reduction of the civil list the Senate com- Mr. INGALLS. I think that I am not mistaken in sayin_g that it mittee must meet the House upon the ground of concessions. was the understanding of the Senate yesterday when the bill-reported That there might be no misapprehension about it, the respective by the Committee on the District of Columbia was recommitted that committees reduced their propositions to writing, so that the differ- it was to be reported this morning, after printing, ancl considered in ences between them should be distinctly understood; and t.his is the the morning hour. The matter is one of very great importance, and proposition submitted by the committee of conference on the part of I think that the Sonator from .Alabama, th~hairman of the comtllit- the Senate: tee, is right in asking that it be considered now, and I shall certainly The committee of conference on the part. of the Senate will recommend concur- further him with my best efforts and trust the Senate will do the rence with the House in the exerCise of its discretion in the reduction of salaries which are matters of ap~ropriation aim ply, and to insist on the amendments of the same. I have no objection to the bill offered by the Senator from Senate as a legal obligation aa to those salaries which have been established by acts Iowa; but he is aware that this is very pressing. This is the 27th of Congress. day of June; the fiscal year expires on the 30th. We ought to have .And as to the reduction of the civil list proposed by the Hoose, they will care- immediate action. fullY- re-examine the bill with a view to concurrence in the utmost reduction that can be made consistent with the absolute demands of the public service. Mr. WRIGHT. I was not present yesterday morning. If there was any such understanding, I will not interfere with it. To that the House conference committee replied with this prop~- Mr. WEST. There was. sition: · The PRESIDENT pro tempore. The Chair thinks that was the un- That in reviewing any of the salaries of the clerks and employ~s of the Depart- derstanding. ments we should review all, and such a general adjustment of the same, having in Mr. WRIGHT. I have no wish to interfere with any understanding view the work respectively performed, giving preference of exception from re- duction all salaries of f1,200 and under. of the Senate. I knew it would not stand over, as a matter of course; but if that was the understanding, I shall not interfere. I withdraw And then a further statement in the way of exception as follows: my motion. On the matter of the pay of clerks of the different grades, the Honse submits LEGISLATIVE, ETC., A.PPROPRIA.TJON BILL. as follows: That the pay of clerks of class one shall be $1,200. Mr. MORRILL, of Maine. I rise to present the report of the com- That remains. mittee of conference on the legislative, executive, and judicial ap- Of class two, et,350; of class three, 1,550; of class four, $1,700. And the pay of propriation bill. all chiefs of divisions in all the Andioors' Offices, in the Register's Office, and other The PRESIDENT pro tempore. The Chair will receive it. chiefs of like grade, .$1,800. Mr. MORRILL, of Maine, submitted the following report; which That reduces them from $2,400 to $1,800. wasread: . Pay of chiefs of division in tbe Comptrollers' Offices, and like grades, $2,000. The O, and the fourth class from $1,800 to $1,700. that are co-ordinate and that they have equal powers, and that neither So the ten-per-cent. rule does not apply with entire accuracy to the has a right to insist upon a condition against the other that the other clerks, but it does to all other salaries. ~ has not a right in like manner to insist upon a~ainst the first. So, Mr. CONKLING. All the higher salaries f then, if it be constitutionally correct that the House of Represent- · Mr. MORRILL, of Maine. To all the higher salaries the rule of 10 atives may say that it will not appropriate any money at all to pay per cent. does apply. · the officers of the Government the salaries that the law entitles them The PRESIDENT pro tempore. The Senator from Maine moves to have unless the Senate will make a new law for a different salary, that the Senate insist on its amendments and agree to the further then the Senate by the same rule may say tbat it will not pass an ap- conference. propriation bill at all unless the House of Representatives will agree . Mr. CHRISTIANCY. I wish to say one word in regard to some of to some fresh legislation that it proposes; as if we were to say upon · these salaries of clerks, and my observations will apply also to those this bill that we would not pass it at all unless the House of Repre- of some other officers. So far aa the clerks are concerned, it is a mat- sentat.i ves would agree to increase salaries or pass the bill that passed ter into which I have looked somewhat, and! am satisfied that there the Senate the other day independently, as an amendment to this that is no class of public servants who are more poorly paid for the amount the laws enforcing the fourteenth and fifteenth amendments to the of labor done than the clerks in our various Departments, When we Constitution in accordance with the judgment of the Supreme Court consider that their salaries in most cases were fixed by the law of 1854, should also be pllt on and paBSed by the House. Now the question is long before the war, and in 18130 :when payments were made in gold whether either House can stand upon such a doctrine as that. or what was equivalent to gold, and that the expenses of living are It seems io me, if that be the doctrine, that the mere statement of much greater now and that these salaries are paid in ~reenbacks, at it shows how utterly untenable it is, and how entirely destructive it least 1~ per cent. below the value of gold, the proposition strikes me ja of the principles upon which this Government is founded and of as exceedingly unjust to cut down those salaries, fixed prior to the warl the Constitution itself. Of coJirse, it is perfectly plain that the Senate payable in gold, when it cost less to liv~ than it does now; and the in- cannot compel, and has no right to insist in the legal sense that the justice of it is so apparent to my own mind that as one Senator Hou~e of R~presentatives shall appropriate a dollar for any object of here I will say to t.he committee of conference that I hope they never publw servtee. If the House of Representatives does not choose to will agree to these reductions. appropriate any money at all for the salaries of the civil officers of the Is there any sincerity in these reductions f Consider where they 4168 CONGRESSIONAL RECORD-SENATE. JUNE 27, come from; conRider who was in power in 1854 and in 1860. If it is to be collected with such taxes, a penalty of 2 per cent. upon the amount thereof right now to reduce, then it was wrong to have fued the salaries at on the first day of each succe.eding month until payment of said installment and pPnalty. And if said installment shall not be paid befol'e the 1st day of June, the sum they were fixed at at that tim~; they should have been much 1877, top:etht:r with the one-half of said ori~inal tax due before said 1st day of lower tbeu. And yet who fued them t Those who seek now to lower June, a like penalty shall be added ou 8aid last one-half of such tax; anrl thewlJOle the::n when every consideration would require their being raised if together shall constitute the delinquent tax on such part or parcel of land, to be tl1ey were properly fixed at the time they wero fixed. The proposi- derut with and collected in the manner pre cribed by law. SEc. 5. That it shall be the duty of the collector of taxes in said District to pre- tion is simply absurd; it is all wrong. pare a complete list of all taxes, on real propt'rty upon wluch tho same are ru~sessed, Now if any party or any body of men think they can make aq.y m aiTears on the 1st da.y of July,l877 ;'and he shall, within ten dars thereafter, cheap popularity by taking a course of that kind, I am for allowing publish the same, with a notice of sale, in the reJ!Ular issue of a daily newspaper them an open field. For m~·self I seek none of that kind of popular- published in said District, to be de.signated by the commis -ioners of' the District or their successors in office as hereinafter provitletl, once a we •k for t.hreo ucccs- ity which comes from attempts of this kind. I hope therefore the sive weeks, giving notice that if said taxes due, togE:thor with the penalt.ies and committee will never yield that principle. costs that may have accrued thereon, shall not. be paill pl'ior to tho day name1l for The PRESIDENT pro tempore. The Senator from Maine moves that sale, the property will be sold by the said collector at public auction, at the soutll front of the court. house in the city of Wasl1mgton, on the second Tuestlay of Au- the Senate insist on its amendments :md agree- to the request of the ~st following, between the hours of ten o'clock in thA forenoon and four o'clock iu House of Representatives for a further conference. the afternoon of said day to the highest bidder or bidders. Upon the day specificcl The motion was agreed to; and the President pro tempore was au- aforesaid, t~e colle.ctor shall p_roceed to sell any and all property upon which such thorized to appoint the committee. taxes remam nnpru.d, and continue to s~U the same every day until all tho roal prop- erty as aforesaid shall have been brought to auction. Immediately after the clo e of Messl'S. MORRILL of Maine, ALLISON, and NORWOOD were appointed the sale, upon payment of the purchase-money be shall issue to the purchaser a cer- the conferees on the part of the Senate. tificate of sale; and if the property shall not be redeemed h.v the owner thereof withln two years from the day of sale, by payment to the collector of said District, DISTRIQT TAX BILL. for the n&e of the legal holder of the certificate of the amonnt for which it was ~;old at such sale, and 15 per cent. per annum thereon, a deed thereof shall be gh·en The Senate, as in Committee of the Whole, resumed the considera- by the commissioners of the DistJ.ict., or their successors in office, to the purchaser tion of the bill (H. R. No. 2676) to regulate the assessment ·and col- at the tax sale, or the assignee of such certificate, which deed shall be admitted and lection of taxes for the support of the government of the District of held to be a good and perfect title in fee-simple to any property bought at any sale Columbia, and for other purposes, the pending question being on the herein authorized: Provi!Ud, That no property advertised as aforesaid sball be sold upon any bids not sufficient to meet the amounts of tax, penalty, and costs; amendment of the Committee on the District of Columbia to strike but in case the highest bi1l upon any property is not sufficient to meet the taxe-<, out all after the enacting clause and insert a substitute. penalty, and costs thereon, 11aid property shall thereupon be bill off by the said The PRESIDENT pro tempore. The amendment will be read. commissioners, or their succell80rs in office, in the name of the District of Colum- Mr. SPENCER. I hardly think there is any necessity for reading bia; and if within two years thereafter such property is not redeemed IJ:y the owner or owners thereof, by the payment of the taXgal representatives, in the same Mr. EDMUNDS. I think the Secretary had better read the amend- manner as other payments made by the District of Columbia. SEense which shall have accrued thereon, shall not be paid before the day fixed for such sale, which that the morning hour had expired; but on the suggestion of the shall be not less than ten days after the taking of such property, the collector shall Senator from Missouri, if there be no objection on the part of the Sen- proceed to sell, at public auction, in front of the court-house, to the highest bidder, ate, the consideration of this bill will be continued. such propert.y, or so much thereof as may be sufficient to pay said taxes, penalty, and accrued costs and ex.Pense of such distraint and sale. The collector of taxes Mr. SHERMAN. . Subject to objection at any time. shall be allowed, for makmg such distress and sale, the same fees as are now by Mr. EDMUNDS. Subject to a call for the regular order. law allowed to the marshal of said Disbict for making levy and sale of property The PRESIDENT pro tempore. It will be according to the sug- under execution. Said collector shall report in detail every such distress and sale, gestion of the Senator from Vermont. in writing, to the commissioners of the DiRtrict, or their successors in office; and his accounts, in respect of every such distre.ss or sale, shall forth with be submitted The Chief Clerk read the substitute, as follows: by lnm to the accountin.,. officers of the District and audited by them. Any sur- That for the support of the government of the District of Columbia for the fiscal plus resulting from su~ sale shall be paid into the treasury of the District, and, year ending June 30, 1877, thore shall be levied upon all real and personal property npon being claimed by the owner or owners of the goods and chattels, shall he paid m said District, excepting only the real and personal property of the Unitt:d States to him. and that hf'reinafter stated, a tax of $1.50 on each flOO. SEC. 8. That the property exempt from taxation under this act shall be the fol- SEc. 2. That the amount collected under the provisions of this act shall be dis- lowing and no other, namely : First, buildings devoted to art, free public liiJrary tributed for the purposes required Wlder tho various acki in force in the District of buildfugs, and chmch~ and ~-,rrounds actually oooupied by such buildinJZS; sec- Columuia, upon ajnst and faira.Pportionment, to be made by the commissioners of ondly, houses for t-he reformation of offenders, alms.bouses, buildings belonging to the District of Columbia, or the1r succeRsors in office: Provided, That before any institutions of purely puiJlic charit.v, houses to improve the contlition of seamen of said fund shall be expended said apportionment shall be established and pub· or llOldiers, r.emeteries dedicated and used solely for burial purposes anti without lished by said commissioners at least six times consecuti,·ely in a daily newspaper private income or profit; but if any portion of any said building, bouse, gron.nds, of the District of Columbia; and said published apportionment shallstaml as the or cemetery so in terms excepted isJarger than is reasonably ncedetl and actually law for the distribution of the funds herein mentioned: Protridedjurther, That de- used for its legitimate purpose and none othel', or is 1186d to secure a rent or in- ficiencies in any of saifl funds enumerated in saitl apportionment may be supplied come, or for any businesR J>Urpose, such portion of the same, or a. som equal in from auy surplus in either of said funds RO apportioned; but, unless a. surplus ex· value to such port.ion, shall be taxed against the owner of said buildin,~r or grounds; ists, tile revenues belonging to one fund shall not be applied to the purposes of any thirdly, such property as is now exempt ft'Om taxation by the laws of tile United other fuud. States ; fourthly, goods, chattels, and other personal property owned by pm·sons SEC. 3. That one-balf of the tax levied by this act upon real and personal prop- domicilecl in said District, but whose legal residence is out of said Distnct. anll e).·ty shall become due anti payable on the 1st day of December, 1876, and the other which property is taxed elsewhere; fifthly, the stock (so far as the imlivitlual o.ne-half of such tax shall become due and payn.ble on the 1st day of June, 1877; owner 1s concerned) of any corporotion which is taxed on its capic.al in s:~ld Dis- and in every case where the tax levied by this act shall be paid in installments as trict; sixthly, all property exempt by law from execution, including an libraries herein authorized, each of said payments shall be deemed to have been made on the or books in use and not held for sale, not over the value of $500, and all bouschold, several funds and for the different purposes indicated in the second section of this store, shop, or office furniture, or tools, not held for sale, not over the value of net$ and an equal pro rata proportion of the payments so made shall be carried to 15()0. the credit of the respective funds. SEC. 9. That from the assessed value of the credit..s only of any person there SEc. 4. That if one-half of the tax herein levied upon the real and personal proP: shall be deducted the amount of any valid and bona fide debt or debts, whicll any erty taxed by this act shall not be paid before the 1st day of December, 1876, satd such person shall individually and absolurely owe, upon the same being established installment s)laU thereupon be in arrears and delinquent; and there sh::ill be a.Uded, by the affidavit of such person claiming deduction as hereinafter provided. 1876. CONGRESSIONAL RECORD-SENATE. 4169 SEC. 10. That the commissioneTS of said District, or their sncceal!ors in office, tion 8, after the word "profit" I move to insert the words " and the shall cause to be prepared a printed blank schedule of personal property, includ- grounds appurtenant thereto." ing bonds, deeds of trl?-st, mortgages, cr~:ROrs, who is hereby authorized to administer such do not say they should go in at all; but I suggest that if the Senator oath without charJ!e, or before any person authorized by Jaw t,.\ administer oaths· and thereupon said assessor shall assess such property at its fair ca-h value, and wants them for the purpose he suggests, he bad better pnt them be- enter the same in a column upon sairl blank to be provided for that purpose. and the fore ''cemeteries" than after, because really it would be very odd if amount thus a.~certained, after making the deductions provided for in thit! act, not only cemeteries should be exempt from ta.xation, bot lands a.p- shall be entered upon the books for taxation: Pn>Vided, That if any person, firm, purtenant thereto. I do not know but that it might be my land. or corporation shall fail t<1 make the list of his or its said property as in this section prodded for, thA assessor shall from the best information he can procure make (Ill The land" a.ppurtenant thereto" most belong to somebouy. There assessment :tJrSiust. such person. firm, or corporation, to which he t~ha.ll add 50 per will be nothing here to show that it should belong to the cemetery cent. th~:reof, and the person so refusing shall be deemed AUilt.y of a. misdemeanor, association, if there be one. Moreover, as a matter of fa.ct, I suggest and upon conviction thereof shall beflned in any sum not exceeding $5GO, to which to the Senator that no matter to whom the laud belongs, if it is a may be added imprisonmentnot.exceedingthirty days: And provided further, That if any person shall make a false affidavit toucb:ng the matters herein provided for part of the cemetery, it is covered by the ~ords here now. If it is be shall be deemt-d guilty of perjury, and upon conviction tl?-ereof shall be suqiect not covered by the words here now, it is not a part of the cemetery, to the pt~nalties for that offense now provided by law; and if the return provtderl and therefore really I cannot see why it shonld be exempt. for in this act shall not be made by any firm, eac'h member thereof, resident of said Mr. SPENCER. The object I bad in moving the a~tendment was District. shall be liable to the penalties of this act. SKc. 11. Tl1at-the capital stock of all corporations in said District (not herein ex- to make the Jangnage conform to the old law. empted) shall be appraised in bulk by the assessors, and the corporation issuing Mr. SHERMAN. The old law was defective in that particular, and the same shall be liable for the tax thereon according to such value; but from the to my knowledge a corporation in this town owning about one hun- appraised value of the stock shall be first dedncted the value of any real estate of dred acres, thirty acres of which were dedicated to cemetery pm- said corporation in said District, which shall be separately taxed against said cor- poration. poses, claimed exemption for the whole tract. They ought to pay SEC. 12. That the assessment of real property made under the provisions of the taxes. act of Congres , entitled "An act forth.., support of the government of the Uistrict Mr. SPENCER. I withdraw my amendment to the amendment. of Columbia for the fiscal year ending June 30, 1876, an« for other purposes," ap- Mr. CONKLING. It is an error to suppose that the old law is so pro,·ed March 3., 1875, is hereby ratitied and approved as the assellsment, except as ]JCr•t'inaft-er moaified, for the tiseal year ending Junf\ 30, 1877, and the commission- defective. I will read to the Senator from Ohio what he refers to in e1s of the District, or their snccesROrs in otl1ce, shall appoint fi•e comp(:\tent per- tbe old law. It is nothing to compare with this: soils lo be assessors, and to hold oftice for tho term of one year, the salary of each Houses to improve the condition of seamen or soldiers; free public library build- of said assessors to be $750 pet annum. Said asses.~ors shall, bf'Jore the 1st day of inl!s and cemeteries, secomlly, the lands or grounds appurtenant to any said house or October. 18i6, under the !lirectiou of the superintendent of assessments and taxes building. · of said Dishict, asse1 s the value of all the rral property not embraced in the as- se>~t!JOent for tbe fiscal year ending June 30, 1876, inclush"e of all buildings erecterl, Not lands appu,rtenant to cemeteries; that is not in the present impr. ved, or cnla.r~ed, and not heretofore taxecl, anu all personal property iu said law. Dishict liaLie to taxation tht-reunder, and shall state the same separately in books to be kPpt m a sysr~matic manner: and sul!h vah1e for taxation shall be the true Mr. MORRILL, of Vermont. If the Senator would propose his value, iu thfllawful money of the United Stat<>s, of the propeJty so assessed. T~e amendment after the word "soldiers," it woultl be right. assess't:d value shall l:Jave reference to the date of the 1st day of TunE>, 1876, or, m Mr. SPENCER. I have withdrawn the amendment. the case of stock in t1·ade, shall be the aye.rap:e value of the 11took of merchandise Mr. MORRILL, of Vermont. But it is a very appropriate amend- or other articles kept on haurl 1lurin~ t.he year ending June30, lf!76. Said assessors shall. hetwet'n the lst day of Sepkmber, 18i6, and the 201h day of September, 1876, ment in the right place, because of the language of the text," ground bold daily eessions for tl1e purpose of equalizing the a,.qsessments theret<~fore made actually occupied by such buildings." Of course there must be some- by tht'm, and for the purrose of ht·a•ing and determining any aml a.!l appea~s from thing more than the actual occupancy. the nluations theretofore made by tht'm. Each assCJ sor shall. at the meetin~s of Mr. SPENCER. The Senator can offer the amendment. the ass.-ssors as afuresaid, make full and dctailellreport.s of his acts a.'! such ast~essor. Autl rturin~ said period they shall have power to re,·ise asst'ssments theretofore Mr. MORRILL, of Vermont. I do not offer it, but I s11ggest to the made b.~ t.hem, or any of them. or by their· predecessors in ottice, appointe1l under Renator that it would be appropriate after the word "soldier," in the act of .March 3, 1875, by either· justly increasing or justly dimini.'!hinp: any par- line 7. I • ticular a. l'SSment Upon the a. sessment so as aforesard made and finally re\'ised, th e tax hereinbefore provided for shall be levied, and th.., collector of taxes sh:~ll Mr. SPENCER. In line 30 of section 12 I move to strike out "Sep- be in readiue,..s to recehepayment nf the same on aud after the 1st day of Novem- tember" and insert" October." That is to conform to the rest of the ber, 1 ~6. Said assessors, before enterin!! upon their dutjes, shaH respectivel.ytake bill. or subscribe an oath or aftilmalion, befor· any officer authorized to administer Mr. INGALLS. There 'ought to be the same change rn~e in line oaths or affirmations in said District. to faithfu11y discharge the duties of their said office; which oaths. when. taken, shall be certified bs the persons hefore whom a2. the eam'j shall ha•e been taken, and shall be filed with the commissioners of the Mr. SPENCER. Yes, the same change in line 32. I include that Dh;trict. · in my motion. SEc. 13. That the treatmr~r of the District, upon receiving any moneys, shall Mr. EDMUNDS. How much time does that gi "-e these assessors forthwith deposit the same in the Treasury of t.h.., United States; and said moneys thus deposited shall be drawn from the Treasury of the United States only in such for the purposes of equalization before the tax is to be levied Y sums aud at such times as thfl same shall be actually required, and only for the ex- Mr. INGALLS. Twenty days. p~:uc.litures anthorized by law, and only upon wanant.s of the aecountin~ officers of Mr. ED .MUNDS. Then will it not torn out just as it did before that the District, isRued umlerthe (lire.ction of the commissioners of the District or their as to personal property; there is not time enough to get it a.djnsted, SUCCti:!SOI'S in office. SEC. 14. That the commissioners of the Distrkt or their successors in office are and the rich p_.e.ople in this district (like all the Senators, as we are herehy autholized to reduce, adjust., and equalize the pay or salaries of all officers all rich here) will go free. I hope this bill will not be so adjusted as or cmJ•Ioyes payable from the funds of the District government in whole orin part: to make it practically impossible to carry out the intent of the first Provided, houever, That the aggregate sum of pay and salaries shall not be in- and second sections, which is to tax all the property belonging in this crcMed beyond the present a~l!fegate amount of pay and salaries. S&c. 15. • That the third section of the act of the legislath·e assembly of the Dis- District, both real and personal, equally for the payment of the ex- trict of Columbia entitled "An act prescribinl! the mode of assessment for special penses of its government. improvements, and providing for the collection thereof," approved August 10, 1871, Mr. SHERMAN. I ask that the paragraph be read and the Sena- shall be, and is hereby, amended so that the sales under ~id law shall be adver- tor will ste that it does need some amendment, commencing in line til'ed twice a week for three suecesl!i'l'"e weeks, instead of as heretofore required. 8Ec. 16. That the commissioners of the District of Columbia and the commis- 30. sioners of the sinking fund of said Distl'ict shall destroy by burning all bonds, The PRESIDING OFFICER, (Mr. .ANTHONY in the Chair.) The sewer certilicates, ancl other obligations of every kind of the city of Washinl!ton, Secretary will report the paragraph. the city of Georp:etown, or the District o~ Columbia whatsoever heretofore paid or redeemed by either of said boards under the direction of the Secretary of the The Chief Clerk read a.s follows: Treasury, and shall prese-rve the evidence thereof as shall be pre.,cribed hy said The asse sed value shall ba.ve reference to the date of the 1st day of Juno, 1876, Secretary. or, in tho case of stock in trade, shall be,the average value of the stock of merchau- SEC. 17. That the period of redemption be, and is herehy, extended for one year as diso or other articles kept on hand during the year onding June :JO, 1~i6. Said as- respects the property of which, for the want.of sufficil'nt bic1s, theDistrictof Uolum- sessors shall, between the 1st day of September, 1876, anrl the !'lOth day of September, bia became theJmrchaser at the tax-sale under the act of Congress approved June 1876, hold daily sessions for the purpose of equalizing the assessments theretofore 20, 18i4, entitle "An act for t.he go,·ernment of the District of Columbia, and for made by them, and for the purpose of bearing and determining any and all appeals other purposes," as amended by section -of an act of CouJ!ress approved March from the valuations theretofore made by them. · 3. 1875, entitled "An act making appropriations to supply deticiencies in the appro- priations for the fiscal year ending June 30, 1875, and pt:ioryears, and for other pur- Mr. SHERMAN. As it now reads in the bill it is between the 1st poses." day of September of one year and the 1st day of September of the SEc. 18. That all laws and ordinances now in force in the city of WashinJ.,rton re- same year; it wonld leavt) no time at all. The amt)nument proposes lating to the paymt-nt and collection of water-taxes, water.rents, and taxation for to strike out the word" September" and insert "October" in both water-mains be, anrl they are hereby, extended to ana made operative over all parts of the District of Columhia where water taken from the United States Aqueduct is plMes ; so as to read : used, and said taxes and rents shall be :payable anrl collectil.Jle therein in the same Said assessors shall, between the 1st dny of October, 1Et76, and the 20th day of Oc- manner and at the same rate as in the mty of Washington for the year b.:ginning tober, U!76. January 1, 1876, and for each subsequent year. That only gives twenty days. Mr. SPENCER. There are three or four mistakes in the printed Mr. EDMUNDS. The same time in either case. copy which I should like to have corrected. On page 8, lioe 9, of sec- Mr. SHERMAN. I have uo objection if it i8 enough. 4170 CONGRESSIONAL RECORD-SENATE. JUNE 27, Mr. CONKLING. Another thing strikes me, which I venture to Mr. ROBERTSON. I call for the yeas and nays. suggest. If the change is made, leaving twenty days to transpire The yea-s and nays were onlflred. from the 1st of October to the 20th of October, then the lat.ter part Mr. ALLISON. I should like to understand more oefinitely the of the section will proviis· I understand, but to take the average quantit.y of stock in trade. It ions of any law or ordinance now in force in said District and relating to the pay- seems to me that the true way is to tax the money, the property of ment and collection of license taxes. citizens engaged in merchandising just like other citizem~; and that ,I do not think there ;,ill be any objection to this section, and I is what t.his bill (loes: and that is what the Senator from South Car- shall make no remarks about it. olina proposes this biil shall not d by the cities of Washington aud Georgetown and the levy comii shall continue in force for the period nameu in the mented liquors or cordials. I have exammed with some mmuteness same. the statute~ in force iu regard to tho District of Columbia., and am ~EC. 4• .A11d be it further enactl'd, That every person liable for license tax who unable to find anything upon that subject; and if there is anything, fails to pay the same within thirty days after the same has become due ao'l pay- it must be in the territorial or District laws that I have always un- able. for such neglect shall, iu adllltion to the license tax imposed, pay a fine ur penalty of not less than five nor more than fifty dollars, and a. like tine or penalty derstood were now inoperative and ineffectual. I am not able, there- for every subse9.uent offense: Provided, That every non.resident tra.uer, managers fore, to see, without further explanation, why this amendment should of every theatrical performance, exhibition, ball, and concert for gain, not includ- be adopted. ing exhibitions and concerts by or for religious or charitable inRtitutions, shall pro. Mr. EDMUNDS. I call the attention of the Senator from Kansas cure a license before Ulldertaking those several objects; and failure to tlo so shall subject the person &o oifendin~ to a fine or penalty of 250 for each offcuse, to be im- in respect to the criticism he bas made on what I suggested to the posed and collected as other fines are imposed and collected, one-half to the use of Senator from South Carolina, to the last t.wo lines of the amendment the informer. of the Senator from South Carolina, which provides for excusing the SEc. 5. .A.nd be it further enacted, That in every case where more than one of the people before described from paying" any percentage u"'P~n the cap- pursuits or occupations hereinafter described shall be pursued or carried on io the eame place by the same person, at the same timo, except as hereinaftct: provided, ital invested in their said business required under the prov1s1onsof any the tax shah be paid for each accorar and expire on the 30th of J nne follo.wing; and all other trict and relating to the payment and collection of license taxes." A annual licenses shall date from the 1st of November of each year and expire on the 3 lst of Octoberfollowing. And the license of every person liable for license tax after license ta.x is one thing and a tax upon capital is quite another thing. tha l stof .April, July, and November aforesaid shall date from the 1st ofthe month I suppose it is not intended to exempt these pers.ons from the license CONGRESSIONAL RECORD-SENATE. 4173 tax as it stands now, but only to exetnpt them from a double assess- Mr. MORTON. We are having a very fine illustration to-da.y of the ment upon capital. futility of Congress attempting to legislate for this District without Mr. ROBERTSON. Upon personal property. understanding anything about it; where there is no one member of Mr. WRIGHT. Therefore I suggest, in harmony with the Senator's the Senate or House who has time to understand tt or cares enough amendment, that he st1·ike out all the words after the word" Dis- about it to try to understn.nd it. trict" iu the eighth line, omitting the words: Mr. SPENCER. I withdraw my proposition and accept the amend- .And reL'lting to the payment and collection of license taxes. ment ofi'ered hy the Seu:.~.tor from Sout,h Carolina.. . .As that stands it migbu be construed to mean tllat they are exempt Mr. ROBERTSON. I think the amendment is now unobjection- from license taxes as well as a tax upon capital. able. · Air. EDMUNDS. It wonld be better to add a proviso that it shall Mr. CONKLING. What is the amendment! not be consr,mecl to affect license taxes. The PRESIDING OFFICER. It will be reported. ~h'. WRIGHT. The same thing woulu be accomplished, as the Sen- The Chief Clerk read the amendment of Mr. ROBERTSON as mod- ator suggests, by inserting a proviso that jt shall not be construed to Hied. . exerupt them from their liability to pay a license tax. I suggest to Mr. WRIGHT. .Allowmeto snggestto my friend from South Caro- the Senator also that his amendment might be helped by making it lina whether, if the amendment was in this form, it would not meet rea.d: all that he contemplates: .A tax upon all their real and personal prop(lrty, including their capital, shall be Tile tax: imposed and to be collected under tbe operation of this act upon thecap- exempt from the payment of any percentage upon capital under the law as it now ital of bankers, merchants, and other traders, except those dealing in spirituous or stands. fermented liquors, or cordials, shall be in lieu of any percentage upon such capital Mr. INGALLS. I profess that I have learned something in the under the provisions of any law or ordinance now in force in said District. course of this debate that I (lid not know before. I supposed that I suggest whether that does not cover the whole thing. The object this Dllitrict was under the control, at the present time, of the Con- of it is that they shall not pay a double tax. gress of the United States; but I learn that its nnfOl'tunate inhab- Mr. ROBERTSON. The ollject is not to pay a double tax on per- itants are not only governed by the laws of the United States, but that sonal property. they are also subject to the provisions of acts of a legislative assem- · Mr. WRIGHT. If you say that the payment of this tax shall be in bly, to the common la.w of England, to the statute and common law lieu of taxes under any law or ordinance now obtaining in this Dis- of ¥aryland, and to a vast number of tmditiona.l ordinances which trict, do you not rea.ch the whole object! have descended from the remotest antiquity. I am advised by one of Mr. ROBERTSON. I think so. the commissioners that the only statute or a.ct. under which licenses Mr. WRIGHT. U uless there be some objection raised to it, I clo not are now imposed upon the business of this District is the one which see why the snbsti;:;ute which I propose does not cover the whole has been referred to and partially read by the Senator from V crmont. gronnd. I propose to ~ubstitute the words: I would therefore suggest to him that the object he desires to accom- The tax to be imposed and ~be collected under the operation of this act upon plish can be best olltainecl, in my judgment, by providing that when the capital of bankers, merchants, and other traders, except those dealing in spir· this property has paid its tax under the Lill that we are now consid- itnous or fermented liquors, or cordials- ering it shall be exempt from the payment of any percentage npon Following the language of the a-mendment- the capital invested, required unfler the provisions of the act of the shall be in lien of any percentage upon such capital under the provisions of any Legislative Assembly passed upon such a elate. Inasmuch as that is law or ordinance now in force in said District. the ou.l y actunderwhich licenses are now imposed or a ta.x upon cap- Mr. EDMUNDS. The only difficulty that I have with the sugges- ital demanded, as I am inforrne(l by the comruis ·ioner, the exemption tion of the Senator from Iowa, and that difficulty occurs iu the pend- of that one act will meet the object that the Senator from VeTmont ing proposition in exactly the same way, is as to the meaning of the desires to attain. wor1l "traders." I see on looking into these District actR, if I can Mr. ED~1UNDS. There are two acts. call them such, of the Legislative .Assembly, that all apothecaries pay Mr. SPENCER. If the Senator will allow me, I will offer to insert what under the general bead is called a license tax; but they pay it as a substitute for the amendment proposed by the Senn.tor from South just as the merchant does upon the capital invested, upon tbe prop- Carolina- erty they have in the business. If it is not right in respect of the That the firllt, fourth, and twentieth paragraphs of section 21 of the act of the merchant to make him pay a license tax mea.surecl in addition upon Lej!i lative Assf\mbly, entitled "An act impm;ing a license on trades, business, and professions practiced or carried on in the Di trict of Columbia," approved .August the capital, why it~ it right as to the apothecary Y .And whether an 23, 1871, be, and the same aro hereby, repeal ell. apothecary would fall under the bead of "traders" in the exemption Mr. SHERMAN. Suppose they have pai to the fifth section of the bill, which provides- lina is tho best, with the proviso to be atlded t.o the end of it. That it shall be the duty of the collector of taxes in said District to prepare a Mr. ROBERTSON. I ruove to strike out in the first line of the complete list of all t:ues on real property, upon which the same are assessed, tn arren,rs on the Jst clay of July, 1877, and lle shall, within ten days thereafter, pub amentlment t,he word 11 agents." lish the same with a notice of sale, in the regular issue of a daily newspaper pub The PRESIDING OFFICER, (Mr. ~~THONY in the chair.) The lisheu in said District, to be designated by the commissioner!! of tbe District or Senator from Sout.h Carolina modifies his amendment. The amend- their successors in office, as hereinafter providel~ once a week for three successivu ment will be reported as now modified. weeks. The Chief Clerk read as follows: I move to strike out in line 6 the words "a daily," and insert "somQ That bankers. merchants, and other traders, except t.hose ·dealing in spirituous weekly;" and then in line 7 to strike out all after the word "Dis· or fermented liquors or cordials. engaged in business in the District of Columbia trict" down to the word "proviueu" in line 9, in the following words: and who pay on1ler t.he operation of· this act a. tax upon all their real and personai propert.,·, shall bo exempt from the payment of any pcrcenta_ge upon the capital To be designated by the commissioners of the District or their successors in o1- (not including deposits \\ith bank ) invested in their said busine s required under fice, as ht-reinafter provided. the provisions of any law or ordinance now in force in said District aml relatinu to the payment and collection of license taxes; but this provision shall not exe~pt And insert: any person from _the payment of any license ta.x. Or tbe city of Baltimore, being the lowest bidder for the work. 4174 CONGRESSIONAL RECORD-SENATE. JUNE 27, So as to read : The CHIEF CLERK. It is proposed to amend that portion of the With a. notice of sale in the regular issue of some weekly newspaper published substitute so a.s to read: in the said District or in the city of Baltimore, being the lowest bidder for the .A.nd he shall within ten days thereafter publish the same, with 1\ notice of Aale, work. in the regular issue of a daily or weekly newspaper published in said District, be- None of us have forgotten, I suppose, t."Qe bill that was sent in last ing the lowest bidder for the work, once a week for three consecutive weeks. year or at the beginning of the current year, for publishing the list The amendment to the amendment was agreed to. of delinquent tax-payers, preparatory to the sale of property for de- Mr. EDMUNDS. At the end of section 4, page 3, there is this linquent taxes. It amounted to a very large percentage of the money clause: collected. It was so enormous as to strike everybody with surprise. .And the whole together- I have looked carefnlly through this measure to see if thel'e is anything That is to say, certain taxes that have not been pa.id- in it to prevent the recurrence of a like bill coming up this year. I shall constitute the delinquent tax on such part or parcel of land, to be dealt with can see nothing. It is left to the discretion of the commissioners to and collected in the manner prescribed by law. sel<>ct a newspaper for the advertisin~ of the list of delinquent tax- I do not know what is meant by "such part or parcel of ]and." payers, audit is absolutely at their d1scretion. There does not seem to be any antecedent to which it refers. I notice Mr. SPENCER. If the Senator will allow me to interrupt him, I that it is in the old law in exactly the same way, but that does not wHl state that he must speak of the tax-list of two years ago, and not make it any better sense than before. I suppose it is intended to this year. moan "all such part or parcel to which the tax relates," that that is .Mr. HAMILTON. I said of the current year, or the last year. the particu]ar part out of which the tax grows. Mr. SPENCER. I will state to the Senator that the publication of Mr. SPENCER. That is what is meant. tho last tax-list cost the Government 8,250, and it covered twenty- Mr. EDMUNDS. If that is what it means, I move to insert on page se,·en closely printed pages. That was not considered as an un- 3, line 14, section 4, "as such tax relates;" so that it will read: reasonable price. The list two years ago cost $40,000 or $50,000. .A.nd the whole together shall constitute the delinquent taxon such partor parcel Mr. Hil1ILTON. Ninety-six thousand dollars. of land as such tax relates, to be dealt with and collected in the manner prescribed Mr. SPENCER. Ninety-six thousand dollars was the bill, but the bylaw. amount paid was $50,000. The whole difficulty has been obvi- Mr. SPENCER. I accept that amendment. at.ed. Mr. EDMUNDS. Yon cannot accept it. We have to put the ques- Mr. HAMILTON. I do not see that it can be obviated under this tion, because it is out of your committee now. . bill at all. It depends upon the discretion of the commissioners alto- The amendment to the amendment was agreed to. gether. There is no objection to giving the thing out to the lowest Mr. CAPERTON. The House bill in the first section makes dis- bidder, and if the papers of the Dist.rict of Columbia combine to- criminations between property in the city of Washington and in gether in order to bid more than the work is worth it should go to Georgetown and in the country outside of the two cities. The House the city of Baltimore. The Baltimore papers circulate as freely and bill provides for imposing- as numerously here as the Washington City papers, and if the list A tax of $1.50 on each $l00 of the assessed value of the same within the city of were published in a weekly paper instea.d of a daily I believe it would Wa~~hlngton; of $1 on each SIOOof the assessed value of the same within the city of be sufficient. It might be put in a Sunday paper, and there are more Georgetown; and of seventy-five cents on each $100of the assessed value of the same people who read the Sunday papers, three to one, than read the daily in th:tt part of said District outside of said cities of Washington :md Georgetown. papers. This was the principle upon which the Senate acted when the ]a.st Mr. SPENCER. I hope that the amendment of the Senator from tax bill wa.s passed. Why it is not incorporated into this bill I know Texas will not be adopted. The price of this printing is not exorbi- not . . It is so obviously just and proper that I think it should become tant. a part of this bill. I therefore offer this am~ndment to come in at the Mr. HAMILTON. What objection has the Senator to my amend- end of the first section of the bill as now proposed by the committee: ment f . Of the a.ssessed value of the same within the city of Washington; of $1 on each Mr. SPENCER. I object to this printing being done in Baltimore $100 of the a8sessed value of the same within the city of Georgetown; and of seventy- papers. The Senator says the Baltimore papers circulate as largely five cents on each $100 of the asssessed value of the same in that part of the srud District outside of the cities of Washington and Georgetown. here a.~ the Wa-shington papers do. He is certainly mistaken. The Baltimore dailies circulate very freely, but we seldom see the Balti- Mr. SPENCER. I hope that amendment will not be adopted. I more weekly papers. I do not even know the name of a Baltimore cannot conceive of any reason why the city of Georgetown should weekly paper that is in existence. pay a tax of $1 on the hundred dol1ars and the city of Wa-shington Mr. HAMILTON. It could be given to a daily paper and published pay a tax of $1.50 on the hundred dollars. Georgetown certainly has once a week. all the privileges and all the protection that the city of Washington :Mr. SPENCER. I suggest to the .S enator that the New York City has. If this amendment were adopted, the result would be that the papers circulate in New Jersey fully as much as t.heNew Jersey papers city of Georgetown upon its real estate would only pay $58,000 tax do, but that is not the case with Baltimore and the District. next year, while the city of Washington would pay about a million Mr. HAMILTON. The bill only provides for a publication once a and a quarter of dollars. I cannot conceive any reason for this week if put into a daily. I have no objection to striking out the word amendment, and I hope it will not be adopted. "weekly," so as to publish it in a daily newspaper once a week, but .Mr. CAPERTON. I do not know what would be the practical op- undoubtedly it ought to be given to the lowest bidder. eration of the amendment, but certainly the figures of the Senator Mr. SPENCER. I have no objection to giving it to the lowest bid- from Alabama ~eem to me to be very extravagant. I understand that der, and to a paper in the city of Washington. this has always been the principle upon which those assessments were Mr. HAMILTON. For one I find it is necessary to specify what impvsed up to 1876. It never bas been allowed in the history of this shall be done in this District very carefully. Otherwise we are likely country that the country adjacent to a town should be a-ssessed with to have some things done which we do1:wt expect. It has been so all a view to pay the expenses of the city or municipality. A city im- the time, and if it is to be differently hereafter there will have to be poses a tax for its own special benefit, a special ta.x which does not a new beginning. cover the adjacent country. It is well known, and the Senator from Mr. SPENCER. I think the government of the District of Colum- Alabama I presume, who bas had experience on this subject, knows bia for the last year was the cheapest and most economical that they that Georgetown participates very slightly in proportion to the amount have ever had in the District. assessed upon her in the improvements that are made under the direc- .Mr. WRIGHT. Let me suggest to my friend from Texas that he tion of the commissioners omit from his amendment reference to the Baltimore papers. Mr. SPENCER. I should like to correct that mistake. That is a . :Mr. HAMILTON. I have no objection to aoing that. common error and a great many people have fallen into it. It is not Mr. WRIGHT. I think it is unusual to have such a publication the case. The streets of Georgetown are paved more in proportion outRide of the city concerned. to the population, size, and area of the city than the streets of the Mr. SPENCER. If the Senator will strike out Baltimore, I will city of 'Va.shington are. have no objection to his amendment. 1\Ir. CAPERTON. ·I have been informed from a very creditabl~ Mr. HAMILTON. Very well; I will modify it in that respect. source that while the law contemplates that Georgetown shall par- Mr. SPENCER. The amendment is accepted, provided it is con- ticipate in the improvements in proportion to the amount of her as- fined to papers in the District of Columbia. sessment, she has not received one-tenth of the amount to which she Mr. HAMILTON. I accept the modification. is entitled. That is my information. The Senator from Alabama The PRESIDING OFFICER, (Mr. PATIERSON in the chair.) 'fhe may ba.ve different information. When was it ever proposed in leg- amendment, as modified, will be reported. islation of this sort that you should impose upon tho country outside . The CHIEF CLERK. On page 3, section 5, line 6, it is proposed to of the limits of the city the same tax that is imposed within the lim- strike out the words "a daily" and insert "some weekly" before its of the cityf There is generally a State and county organization "newspaper." and there is a tax imposed for general purposes, but if there is an y- Mr. SPENCER. I suggest to the Senator that he had better say thin~ to be raised .for special corporation purposes there is a special "a daily or weekly newspaper." Some of the daily papers do not t.ax Jaid by the corporation. The country outside of the cities of publish any weekly editions, and they might be the lowest bidder. Washington and Georgetown bears the same relation to those cities Mr. HAMILTON. I accept that modification. that a county does to an incorporated town, and it never has been The PRESIDING OFFICER. The Clerk will report the amendment contended that a tax should be imposed 11pon the whole county as modified. which was to go to supply a particular corporation, town, or city for ' 1876.· CONGRESSIONAl~ RECORD-SENATE. · 4L75 municipoJ. expenditures. I think the amendment I have offered is mont manifestly it is a very different condition of things; bot I un- entirely just and proper and I hopei twill be incorporated in the bill. derstand that the Senator from West Virginia insists that subse- Mr. SPENCER. If the amendment of the Senator from West Vir- quently to that this diserimination ha.s been observed. ginia were to prevail, why not put that part of Washington around Mr. SPENCER. It has not been. the navy-yard and east of the Capitol upon the same equality with Mr. EDMUNDS. I do not so understand it. If so, it was wrong. the city of Georgetown f '1 do not see any reason why it should The PRESIDING OFFICER. The question is on the amendment not be so. I cannot conceive whv a horse on one sicle of Bound- of the Senator from West Virginia rMr. CAPERTON] to the amend- ary street should not pay the same rate of taxation as on the other ment. side of the street. The city of Georgetown and the county combined The amendment to the amendment was rejected. pay only one-sixth of the amount of taxes under a uniform rate. Mr. OGLESBY. I do not know that I understand the first clause Mr. RANDOLPH. May I ask the Senator from .Alabama what of the first section of the bill: relation the assessment of property in Georgetown bears to the as- That for the support of the government of the District of Columbia for the fiscal sessment of property in the city of Washington f · year ending June 30, 1877, there shall be levied, upon all real and persona-l property m said District * * * a. tax of $1.50 on each $100. ' Mr. SPENCER. It is about $5,800,000 in Georgetown. Mr. RANDOLPH. What is the value of the property in the city of Each $100 of whatY Washington f Mr. ROBERTSON. Of real and personal property. Mr. SPENCER. Seventy-eight millions of dollars. Mr. OGLESBY. "A tax shal.l be levied on the real estate of $1.50 Mr. RANDOLPH. The Senator will see, therefore, himself that it on each $100." I move to add " of the value thereof." would not be a greater proportion. Mr. SPENCER. I accept that amendment. Mr. SPENCER. I will try to explain. If the amendment of the The PRESIDING OFFICER. That amendment to the amendment Senator from West Virginia shonlcl prevail, the total amount of taxes will he regarded as agreed to, if there be no objection. paid by the city of Washington would be $1,18'2,000; Georgetown Mr. OGLESBY. Then section 5 provides: would pay $58,000 only, and the county would pay $65,000. If the That it shall be the duty of the collector of taxes in said District to prepare a amendment should not prevail, the city of Washington would pay complete list of all taxes on real property upon which the same are assessed. $1,18'~,000, the city of Georgetown would pay $87,000, and the county Taxes are never assessed on real property. Taxes are levied on would pay $131,000. real property. The assessor assesses the value and the law levies the Mr. EDMUNDS. I do not want to take up time, but I wish to say tax. That word, it seems to me, ought to be changed to "levied." one word on the amendment of the Senator from West Virginia. It Mr. SPENCER. I have no objection to that modification. That does appear to me, situated as this District is, while some things can was the law of the last session. be said iu its favor, to be one that practically will do more harm than :Mr. OGLESBY. When the collector proceeds to adve::tise this for good. In a mere point of justice, of course it is impossible to adjust sale, it seems to me it ought to be in the language of statute law. taxes in such a way that in every respect they are uniform, because If the gentleman accepts it, that is the end of it. It is a mere verbal one man has a piece of property out of which he is getting a great amcnclment. income, and another has a piece of property right by the side of it on The PRESIDING OFFICER, ('Mr. LOGAN in the chair.) That which he gets nothing, but bot.h have to pay alike. You cannot, in ame41dment to the amendment will be considered as. agreed to, if adjusting taxes, keep everything absolutely equal. In this city the there be no objection. legal limit of th~ city, I believe, is what is called Boundary street on Mr. MORTON. I do not propose to offer an amendment, because I the north and Rock Creek, near Georgetown. It is built up in a want this bill disposed of; but I wish to make one suggestion. I am greater or less degree, gradually crossing that street, which is a mere told that there are about twelve thousand people in this District who ideal line, buildings of various kinds on one sicle and the other, just live outside of either Washington or Georgetown, who live in the alike, only like all suburbs of a town, it gradually grows thinner and country. The water is not carried to them, nor is the gas. To tax thinner until you get to the boundary of the District and then to the those people at the same rate as the people in the cit.y is manifestly country. · unjust. People who live in the city have benefits which the people The bill, as it stands, proposes, first, to make an assessment accord- in the country do not have, and it is right that they should pay for ing to value upon all the property in the District, personal as well them; but to make those who live in the country and do not get the aR reaL The great mass of th~ personal property is in the city benefit of these expenses contribute is manifestly unjust, which will ruone, accumulated personal propert.v. The capitalists and all that not stand argument for a moment. To tax the people who live in sort of people who have accumulated large sums reside within the the coontrv and who get no protection from police, when st.reets are limits of the city. There are very few outside of it. When you take not made for them, and who are deprived of the very benefits to be it all together and make this assessment according to valne, the man derived from the city expenses, and make them pay at the same rate, who lives at the uttermost part of the District and has his little farm is so manifestly unjust that it reqnires no argument. I am told the there, has his farm asse.ssed according to its value and th.e man who bill of the Hoose made a difference in thatrespect, and in that respect owns his block of stores in town has his stores assessed according to it was just and proper. I have no amendment to offer. their value. Of course the value of the stores and the land here, al- 1\fr. EDMUNDS. I think there ought to be what is in substance a though not the tenth p:ut of what the farmer owns in point of area, verbal amendment in part on page 4, line 15 of section 5, relating to is a hundred times greater than the property on the remote sides of the advertisement of property: the District. Therefore the man in the city upon the same kind of The property will be sold by the said collector at public auction, at the south property has an assessment which is infinitely greater than the as- front of the court-house in the city of Washington, on the second Tuesllay of Au- sessment upon the man outside. That regulates it practically. I do gust following, between the hours of ten o'clock in the forenoon and four o'clock not say it reJ!U}ates it in every case. Then when you come to the in the afternoon of said day. . payment of the tax on valuation, the man who has paid but little, There are siX hours of open space, and an honest bidder may go being in a remote part of the District, gets comparatively little ben- there, and if there is anybody playing games about the sales of real efit it is true, because he only has one road, about once in a mile, and estate, he may be obliged to wait for the whole six hours. I think in the administration of justice, or anything, he does not get so much the advertisement ought to state a definite hour to be named in the benefit; but he does not cont.ribote so much money. That comes as ad vertiscment at which the sale will take place. So I move to amend near to justice, in my opinion, as practically you can come. On the by inserting after the word'' following,'' in line 15, "at a fixed hour," other hand, if you fix this arbitrary geographical line through Wash- so as to read "at a fixed hour between the hours of ten o'clock in the ington and Georgetown, and assess Washington and the county, as forenoon and four o'clock in the afternoon." the rest of the District is called, you make a cordon on every side that Mr. SHERMAN. There are a great number of pieces to he offered to the man who lives on the opposite side is excessively offensive and for sale. excessively unjust. On one side of a street property may be worth Mr. EDMUNDS. Certainly. just as much as on the other, but it is worth more generally, for the l\lr. SHERMAN. It may take the whole day to sell them. reason that the site happens to be better, it is higher ground, is more Mr. EDMUNDS. If yon want to put the hour of four over to six, healthy, commanding a better prospect. They woulcl only pay half very well; bot he need not advertise any more for one boor than he as much tax as those who lived on tho lower sicleof the street. That likes, and others for another hour; but as it stands, it strikes me that makes a just complaint, because everybody who lives on that whole it is an invitation to fraud. line sees that it is not fair and it is not honest between them. On Mr. SHERMA.J..~. If you change it, the only embarrassment will the other hand, if you put it on value, then each man's value, wher- be that you have one hundred or two hundred pieces, and there are ever it is, is graduated by the nearness to the center of operations, and in this list many hundred items of property to be offered for sale, and he contributes a little in proportion to distance. it will take the whole day. The PRESIDING OF~..,IOER. The question is on the amendment :Mr. EDMUNDS. l "cs; buteach individual parcel hasgotof course of the Senator from West Virginia to the amendment of the commit- to bo offered by itself, because it. relates to each tax-payer that owns tee. it; and as to each tax-payer he has a right himself to know, and his . .Mr. WITHERS. Do I understand the Senator from West Virginia friends have a right to know, and the buyer bas a right to know that to say that this discrimination had existed for many years! that property is going to be sold, and going to be sold at some definite Mr. CAPERTON. It did exist up to last fall. hour. Now, when you have opened a sale at a definite hour, that Mr. EDMUNDS. But that was when theywere separat-e and inde- hour exists until the sale is over, a-s everybody knows. A. justice's pendent organizations, where eaeh one raised its own money and ap- court is to be opened at a ·particular hour, but t.he justice goes on and plied its own money. performs his duty, and if it takes two days that hour last.sdoring all Mr. WITHERS. By the distinction made by the Senator from Ver- that time. , 4176 . . ·coNGRESSIONAL RECORD-SENATE. JUNE 27, '!'be PRESIDING OFFICER. The question is on the amendment ahead and show what is intended. After speaking of the certificat e proposed by the Senator from Vermont to the amendment. on which the deed is to be executed, the section proceeds: The amendment to the amendment was agreed to. A deed thereof shall be given by the commissioners of the District, or their suc- Mr. EDMUNDS. On line 15 of section 7, on page 7, the word cessors in office, to the purchaser at the tax sale, or the a siJ!llee of such certificate, "court-bouse" is used without stating what court-honse. I do not which deed shall be admitted and held to be a. good and perfect title in foe-simple know that there is more than one, but in a previous part it is de- to any property bought at any sale herein authorized. scribed as" the court-house in the city of Washington." Therefore, As that section stands I think it would be entirely void. It takes for safety it is better to say "conrt-honse in the city of Washington." away from the judiciary and undertakes to disposo by le:fislation of Tbey did have a court-house in Georgetown once, and they may have a title without trial, and leaves nothing open to a trial. 1t doe~ not it yet. It is only a mere verbal matter of description. leave the question of the regularity of proceedings, or the legality of The PRESIDING OF1nCER. The question is on the amendment the tax, or anything else open to investi~ation in a court. A provis- of the Senator from Vermont to the amendment of the committee. ion of that kind, it seems to me, is entirely a.nd totally void. The ut- The amendment to the amendment was agreed to. most limit to which we can go in cases of that kind as to make the Mr. EDMUNDS. Now I should like to call attention to section 9 deed p1·ima facie evidence of a good and perfect title in fee-simple, about exemptions : and then to provide that all proceedings prior to said deed shall he That from the Msessed value of the credits only of any person there shall bo de- presumed re~ular until the contrary be proved. This throws upon ducted the amount of any vaHd and bona fide debt or debts, which any such person the parties claiming against a tax title the burden of proving irreg- shall individually and ahsolutely owe, upon the same being established by the a.ffi- ularities or illegalities affecting the proceedings and sales. It seems davit pf such peri!On claiming deduction as hereinafter provided. to me, therefore, this section needs the amendment which I propose. Is that intended to include a debt which the person owes as a I have written out the amendment in the printed bill before me, but fiuretyf had not yet fully perfect.ed it. Mr. SPENCER. I suppose not. There is anotlier matter to which I will call attention while I am Mr. EDMUNDS. I suppose not; and yet a surety does individu- up. I refer to the proviso at the end of this section. ally and absolutely owe the debt upon which he is a surety. A11d provided aJJJo, That minors or other persons uncler legnl disability be allowed Mr. SPENCER. He ma.y owe it. We cannot tell. one year aftflr such minors comiug t.o or being of full age or after the removal of Mr. EDMUNDS. I wish to move some amendment which shall not such legal disability to redeem the property so soltl, or of which the title has, as aforesaid, become vested in the District of Columbia, from the purchRAer or pur- enable people who havf\ plenty of riches and who are sureties or chasers, his, her, or their heirs or assigns, or from the District of Columbia. guarantors, the indorsers for somebody, where the principal is good, This is a provision authorizing the District to bid off property which to get their heads out from paying taxes for the reason that their is not bid for by other parties, and it gives the same lengt.h of time name is on another man's paper, because on that theory my friend for redemption, of course, under the previous portion of the section and I, if we were rich, might exchange notes just before assessing clay as if it had been bid by individuals, and then it- brings in this saving for $100,000, indorsing each other's notes, and neither of us would clause in reference to minors and persons under disability. That is have any taxes to pay because we should be individually and abso- a fatal objection to purchasers at a tax sale. Unless t.hey have ex- lutely liable for all the debt. Of course the committee do not mean amined into all the titles and see that the property is not held by that, and I s})onld like to propose some words to obviate that. With minors or persons nuder disability they never would bid it off. Tbe a view to getting at it, I move after the word "owe,'' in line 4, to in- consequence is that no sale would take place, and the property would sort ''in respect of which he has no remedy over against any other go to the District just in that way. In almost all the State laws with person." which I am acquainted which provide for the sale of property for· So that it makes it his own debt for him to pay. That is of course taxes no such saving clause is inserted. That is a saving clause which what is intendefl. is very proper to be inserted in a statute of limitations in all ordinary Mr. WRIGHT. I can very well see the object my friend has in caaes, but not on a sale for taxes, because it prevents purchasers at view; but it seems to me that his amendment will be going quite too the sale. The object should be to encourage the sale of these lands far. Suppose it occurs that the liability is no longer as mere surety, when they are offered for sale as delinquent for taxes, and no such but a judgment has been recovered against both the principal and saviug clause as this ought to accompany the provision. the surety, and it now becomes a judgment against both, and they I move to ameRd section 5, line 31, by inserting after the word" be" are both treated as principals so far as the judgment is concerned for the words "prima facie evidence of;" and in line 33, after the word most purposes, though not for all purposes. You have that judgment, "authorize," inserting "and all proceedings prior to said deed shall and he becomes absolutely liable. It may be true that he has a tech- be presumed to have been regular until the contrary be proved;" so nical remedy over against the principal, but the principal may be as to make the clause read: entirely worthless. Now his liability is fixed by judgment upon the A deed thereof shall be given by the commissioners of the District, or their suc- debt. He may have a technical remedy over against the principal cessors in office, to the purchaser at the tax snJe or the assignee of such certificate, notwithstanding the judgment, and yet the principal may be entirely which deed shall be admitted and held to be primajacie e\'idence of a good and per- worthless, and it may be as absolutely and entirely a debt against fect title in fee-simple to any Jlropert.v bought at any sale herein authorized ; and him a-s if he was owing it a-s principal. I suggest, therefore, that all proceedings prior to said deed shall be presmped w have been regular until the contrary be proved. • there may be difficulty in the amendment as the Senator proposes it. I do not know what language ought to be employed. I agree with The amendment to the amendment was agreed to. him that if it is a mere conditional liability as a surety, it ought not Mr. CHRISTIANCY. I also move an amendment to strike out the to be included in his liabilitiel:i; but if you say "in respect of which proviso at the end of the section saving the rights of minors and he has no remedy over," it would apply to the ca-se I have supposed other persons onder disabilities. . and many others that I t.bink might be supposed where his liability The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The would be just as absolute as if he were the principal in the first Clerk will report the words proposed to be stricken out. instance. The Chief Clerk read as follows: .Mr. EDMUNDS. But where the principal is responsible, the fact And provide~$ also, That minors or other persoM under legal disability be allowed that his liability is fixed by a judgment ought not to make any differ- one year after such minors coming to or being of full age, or after the removal of such le~al disability, to redeem the property so sold, or of which the title has, as ence. But where the principal has failed-- aforesaid, become vested in the Dllitrict of Columbia, from the purchaser or pur- Mr. WRIGHT. That is what I suggested; that in case the princi- chasers, his, her, or their heirs or assigns, or from the District of Columbia, on pay- pal is worthless the man's liability is as absolutely fixed as if he were ment of the amount of purchase-money so paid therefor, with 10 per cent. per · the principal himself. annum interest thereon as aforesaid, and all taxes and assessment's that have been paid thereon by the purchaser, or his assigns, between the day of sale and the pe- The amendment to the amendment was agreed to. riod of such redemption, 10 per cent. per annum interest on the amount of such Mr. EDMUNDS. On page 10, section 10, on the subject of perjury, taxes and assessments, and also the value of improvements which may have been I think there would be the same difficulty that has been pointed out made or erected on such property by the purchaser or by the District of Columbia., while the same was in his, her, or their, or its possession. several times in our discussions in referring generally to the penal- ties for the offense of pe.tjury, as there are several in the existing Mr. CHRISTIANCY. It all relates to that saving clause. statutes. On page 10, iuline 40 of section 10, the language is that upon Mr. WRIGHT. Do I understand the Senator from Alabama to ac- conviction of perjury for a fa.lse affidavit, the party shall be" subject cept this amendment f to the penalties for that offense now provided by law." The law is Mr. SPENCER. I have no objection to it. various, and it would be difficult to know what penalty you are to Mr. WRIGHT. It seems to me this would be most extraordinary. apply. To correct that, I move to amend by striking out the word I do not know of such a. statute in any State of this Union that does " law" and inserting '' by section 5392 of the Revised Statutes of the not have what is in the nature of a statute of limitations in reference United Statest which is the general statute. to tax sales and to save the rights of minors and persons under legal Mr. SPENCER. There is no objection to that. disability. To say that they are to be precluded and held to the same The amendment to t.he amendment was agreed to. rule a-s persons of full age and laboring under no disability, it seems The PRESIDING OFFICER. The (tnestion is on agreeing to the to me, would be most extraordinary. 1 never have known a tax law amendment reported by the Committee on the District of Columbia in any State of this Union, so far as I can now remember, that did as a substitute for the House bill as it has been amended. not save the rights of minors or persons under legal disabilities. If Mr. CHRISTIANCY. There are some amendments which I wish the Senator from Alaba.ruaJ consents to this amendment I do not want to propose. I was in the act of writing them out. I will simply call to interfere with the bill, but it seems to mo that to strike out the the attention of the Senate to the points. There seems to be a neces- proviso would leave the rule so ha.i-sh and so uujust, and so much in Rity for one amendment here and I think two. Section 5, on page 4, the face of our legislation in the States, that I cannot consent to it. in lines 31, 32, 33, need amending, as I think. I will begin a little Mr. CHRISTIANCY.· The Senator from Iowa says he is not a.ware 1876. CONGRESSIONAL RECORD-SENATE. 4177 of any State in the Union that does not make a similar saving clause The PRESIDING OFFICER. Is there objection to the amendment in behalf of minors and other persons nnder disabilities. I will say, suggested by the Senator from Ohio f on the other hand, that I have not now a knowledge of any one which Mr. ROBERTSON. There is no objection. does make snch a provision in such a connection as t,his, although Tho PRESIDING OFFICER. '!'he Chair hears no objection, and there may be, and I will not deny that there are. I have no doubt the amendment of the committee will be so modified. that the Senator is conect as to the State of Iowa, l>ecause he is fa- The amendment made as in Committee of the Whole, as amended, miliar with her laws; l>ut I will say that tho statute of Michigan has was concurred in. not had for the last twenty years, certainly, any provision of that The amendment was ordered to beengrossed, and the bill t.oberea~a lind. It was found that w bile any such provision as that remained third time. in the statute the people would not bid at the tax sales, because they The bill was read the third time, and passed. got no right. Here is a child, for instance, that is l>ut. a year old; On motion of Mr. SPENCER the title of the bill was amended so you must wait for twenty-one yea.rs l>efore you can tell whether you as to read: "A bill for tho support of lihe government of the District have got anything by your purchase or not. Two years are allowed of Columbia for the fiscal year ending June 30, 1877, and for other 1'or redemption. But this is not a statute of limitations, as designated purposes." · l>y the S.mator from Iowa. Two years' redemption is allowcfl, and PRESIDENTIAL APPROVALS. tbat in my opinion is sufficient. We have neYor found any difficulty A message from tho President of the United States, by Mr. U. S. arit:;iuCT out of it in our State, nor do I l>eliovo it will ~reate any diffi- GRANT, jr., his Secretary, announced that the President had on the culty bere; but I believe by strildng out the proviso that persons 26th instant approved a.nd signed the following acts : would be induced to bid at the sale who otherwise would not bid at An act (S. No. 320) to reduce the number and increase the efficiency all. of tho Medical Corps of the United States Army; The PRESIDING OFFICER. The question is on the amendment An act (S. No. 54()) to further the administration of justice in the of the Senator from Michigan to the amendment of the Comruittee on State of Colorado ; the District of Columbia. An act (S. No. 773) to remove the political disabilities of W. H. The amendment to the amendment was rejected. Jenifer, late first lieutenant Second Cava.lry, United States Army; and Tho PRESIDING OFFICER. The question is on tho amendment An act (S. No. 863) to change the name of the steamship City of reported by the Committee on the District of Columbia a:s a substi- Brashear to Lone Star. tute for the House bill as it has been amendeu. The amendment, as amended, was agreed to. AMENDMENTS TO APPROPRIATION BILLS. '!'be l>ill was reported t.o the Senate as amended. Mr. INGALLS, Mr. PADDOCK, and Mr. MORRILL of Vermont, sub- lli. ROBERTSON. In section 8, line 3, I move to strike out the mitted amendments intended to bo proposed by them to the bill (H. words " buildings devoted to art." I do not see why they should be R. No. 3749) making appropriations for sundq civil expenses of the exempt. \ Government for the fiscal year ending June 30, 1b77, and for other Mr. MORRILL, of Vermont. I know of but one building here purposes; which were referred to the Committee on Appropriations, that is devoted to art, and that is the building donated for tha.t pur- and ordered to be printed. . pose by Mr. Corcoran. I think it would be very ungracious on the Mr. FRELINGHUYSEN, from the Committee on Foreign Relations, part of the Senate to sul>ject that building to taxation. It is solely reportEd an amendment intended to be proposed to the bill (H. R. for tbe benefit of the nation, and I should hope that there wonltl be No. 3749) making appropriations for sundry civil expenses of the no dispusit.ion to strike out that when there are so many 6ther build- Government for the fiscal ye'l.r ending June 30, 1877, and for other ings ox:empterl. purposes; which was referred to the Committee on Appropriations, Mr. ROBERTSON. I will say to my honorable friend from Ver- and ordered to be printed. mont that there are several buildings here used as art galleries, and SILVER AS LEGAL TENDER. whole buildings may be exempt ou that ground. If the Corcoran gallery was tlle only one, I should not move to strike it out. Mr. WEST. I move to take up the bill (8. No. 809) referring the .Mr. SHERMAN. I will ask as a matter of fact-perhaps some Sen- claim of George E. Payne to the Court of Claims. ator can. inform me-whether there is any but one building ''devoted Mr. SHER~fAN and Mr. BOGY. I call for the regular order. to art," m the language of the act. I am abont as strict in my con- The PRESIDING OFFICER. The Chair now lays before the Senate strnction of the principle of exemption from taxation as any one· the special order, which is the bill (H. R. No. 339 ) for the issue of lmt certainly I would not desire to vote to levy a tax upon a build~ coin, and for otl1er purposes, on which the Senator from Missouri [Mr. ing given to the public at large, dedicated to public art, owned by BoGY] is entitled to the floor. trustees who have no persoru1l interest in it., no one of whom derives Mr. WEST. I did not know that there wa~ any reCTnlar order. a. profit from it, whero no money is levied even for entrance fees ex- The Senate, as in Committee of the Whole, proceeded to consider the cept to pay tho light and to compensate the person in char~e of bill (H. R. No. 3393) for the issue of coin, ancl for other pm·poses, the the building. It is like the British Museum or any other buihliuO' pending question being ou the amendment reported by the Commit- devoted to public uses. It is like the Library of Congress. It seem~ tee on Finauce, which was to strike ont all after the enacting clause to me that if that is the only building of t.he kind-I refer to what is of the bill, amlin lieu thereof to insert : called the Corcoran Art Gallery-it ought not to be subject to taxa- That there shall be coined at the mints of tho United States a silver dollar of the weight of 412.8 grains troy of standard silver, the emblems, devices, and inscrip- tion. tions of which shall conform to those prescribed by law for the gohl and silvet· coins Mr. CONKLING. Will the Senator define to me the words "build- of tho Unitecl States, with such modifications thereof a,s. may be necessary to render • ings devoted to a.rt!" What do t.hey mean f the said dollar readily distinguishable from the trade-dollar; and in the coinage . . 1\1~. SHERMAN. . I w.ould say they mean~ a. building devoted by ·and deliveT"y thereof the same deviations from standard weight and flne ::ess slillll be allowed as are prescribed by law for thetrade-dolla.r; and theRaid doll.'lr hei'Cin 1ts t.ltle to the cnlt1vat10n of art, from whwh no one can derive a authorized sha,ll be a. legal tcmler.at its nominal value fo ~· any an..ount not exceed- profit, which imposes no tax, no admission fees, but is devoted to art ing $20 in any one payment, except for customs duties and interest on the public not to private profit. An art gallery may be for privme profit l>ut debt. and shall be receivable in payment of all .dues to the United States except that is uot a building devoted to art. But to avoid anv contro~ersy duties on imports. SEc. 2. That the Secretary of the Treasury is hereby authorized to exchange the about it, I think it ought to made clear. Would the Sena.tor from silver dollars her ein authorized, and also the subsidiaT"y coins of the United l:itates, New York suggest any language that would confine it to this single for an equal amount of United States notes, which sha.ll be r etired aml canceled and building iu tho city of Washington i There is only one that I know not bo again replaced by other notes. And all United St.ates notes redeemed under of which I should ltko· to see exempt. this act shall be held to LJe a part of the sinkng fund provided for by existing law, the interest. to be computed thereon as in the case of bonds redeemed under tho acts . Mr. CONKLING. Take libraries. relating to the sinking fund. · . Free public library buildings. SEc. 3. That tho silver bullion required for this purpose shall be purchased from time to time at market rate by tho Secretary of the Treasury with any money in That is one way of stating it. the Treasury not otherwise appropriated; but no purchase of bullion shall be made Mr. SHERMAN. Suppose we say: under this act when tho market rate fol'tho same shall be such as will not admit of tho coip.age and issue as herein provided without loss to the 'l'reasnry; and any gain Buildings devo~.ed to art and from which no private profit is derived. or seigniorage arisinrr from this coinage shall be accounted for and paid into the How would tha.t dof TI'Casury, as provide'a under existing laws relative to the subsidiary coinage: Pro- vided, That the amo'llllt of money at any ono time invested in such silver bullion, · Mr. CONKLING. That would cover the ca-se, I suppose. exclusive of snch resulting coin, shall not exceed l ,OOO.OilO. Mr. SHERMAN. Probably tha.t would answer the purpose of the SEC. 4. That the tra.de.tlollar shall not h ereafter be a legal tender. and the Secre· Sen:ttor from South Carolina. tary of tho Tre'l~nry is hereby authorized to limit., from time to time, the co~age thm'Cof to such an amount as 'he may deom sufficient to meet the export demand fo~ Mr. ROBERTSON. That would answer t.he purpose I have in view. the same. Tho PRESIDING OFFICER. The Senator from South Carolina accepts the modification of the Senator from Ohio. The Clerk will Mr. BOGY. Mr. President, whatever may be the fate of the amend.,. r eport the amendment. ments to the bill of the Sena.te Finance Committee offered by me, l Mr. SHERMAN. I would rather myself name the Corcoran Art shall rejoice t.hat this discussion has taken place ~this l!o(~y auq froiQ Gallery, because that is descriptive. here has gone to the country. The subject is one of the rqost intel'- Several Sl~NATORS. That would be better. esting in the whole range of political scieuce, and is as important as Mr. SHERMAN. I would then just say: it is interesting. It cannot be denied tQ.at, for some reason difficult First, the Corcoran Art Gallery. to be explained at "this day, the true position of silver as one of the coins of the Constitution bad been entirely overlooked, aml iq; Then go on- deed I may say that it was forgotten by the public min to the knowledge of the the bottom to the top. This period also witnessed the ~reatcst dif- people, and a spirit of inquiry has thereby been cren.ted. Wby the ference in the production of the two metals. Yet dunng all these act of Ul73, which forbids the coinage of the silver dollar, was passed disturbing causes this relation bas remained stationary. no one n,t this day can give a good reason. Up to near the close of 1874 the price had been remarkably steady, As we see this question at this time no possible harm could have aB may be seen from the following statement taken from the annual resulted in permitting silver to occupy the position it had held before. circular of Pixley & Abell, London. The prices are for standard bar The amount coined from 1870 to 1873 was $3,336,348. This could silver, and are the average n,nnual price for each year named: have done harm to nobody. Therefore the quantity of silver then on band or being coined was not large enough to justify the legisl:1- .Aterage .Average price ·price tion of that day. ·we must look for the reason for this legislation else- Years. per oz. Years. per oz. where. We will :find this to be part of the idea, starting in England 1845 .•••••••••••.••••••••••.••.. d. 59! 1860 ...•••••••••••••.••••••••••• d.61 11 1, in 1816, and which has spread to the countries of Eur01)e and also to this COuntry: that gold 'iV:l8 the only true standard, and silver, after }~:~ ::: : :: : :: ::::::: :::::: :::::: ~~~l~6 1862 •••• ·•••••• - •• - •.• - ••••••• -.. 61116 1861 •••••.• - •• - ••.•••..••••• -. • • 60 1316 a glorious reign of thousands of years, beginning in the very twilight H~48 •.•••••.••. .• : .. .• •••• •••• ••. 59i 1863 ••••••.•••.•••••.••••••••••• 6li of ci vilizat.ion and continuing down the ages to the period of its merid- 1849 ~~~~: ::: :::::::::::::::::::::::: ~~fiG - ••••••••. - - • : . - ..• - •• - -... 59i 1850 .••• - •••••••• - ••••••• - ••••• - 60 116 ian splendor, bad to be dethroned. The visionary theorists of Eu- 1!'51 .••••••••.••••.••..•....•••• 61 ghmd, these men of new ideas as to the origin of man as well as his 1852 . •.••.•• - - . - . - - - ••. - •.•• - . - • 60t }~~~: : : : : : : : : : : : : : : : : : : : : : : : : : : : ~~16 tinal destiny, have by noise and clap-trap inoculated the one-idea 1853 ....•••.•.••.••• - .••• •••••• • 61! ~~~t::::::::::: :::::::::::::::: ~t men of the cont.inent, aml therefore one standard has at this day ~~~ :::::::::::::::::::::::::::: ~~tiG 1870.-- ...•.. -.•••••• -- .. - •. . • •• 609 16 many advocates oveT all Europe, :md, strange as it may appear, the 1856 .. •......•...............•.. 61 5,6 practical mind of this country was for a time, and until this discus- }~:::::::::::::::::::::::::::: g~t ~~~~: :::::::::::::::: :::::::::: ~ ~~t sion took place, under the complete sway of this class of men. The practical mind of the Senator from Vermont [Mr. MORRILL] is 1859 ••••••... - .•. -.-... •. • • • • • • • 62 16 1 l~t:::: ::::::::::::::::::::::: ~~t .yet uncler this influence. I am happy to say, juclging from his last From the latter p:trt of 1874 the price has continued to dec.line, speech, that the Senator from {)bio [.Mr. SHERMAN] is fast abandoning until now the quotation is :tbout 53td., against about 60d. during the tl1is school of theorists. I regret I cannot say as much for the Sen- thirty years given :1bove. The truth is, that in 1837 we placed too ator from California, [Mr. BoOTH.] Judging from the speech be made high n. value on silver compared with gold; that is, we made the on this subject I think that he belongs to this class of theorists. difference 16 to 1, and, as a consequence, our silver dollars 'Nere My object on this occasion will be to place before the conntry the more valuable than gold, and passed out of the country or out necessity for us to return as soon as possible tow hat is generally known of existence rapidly. Hence since 1853 we have coinecl no silver as the double standard; tha,t is, a st.andard composed of the coins of dollars onder this old law, although the authority to do so hn.s re- goJd and silver. mained in force until the act of 18n, when it was taken away by the The Senator from Ohio in his last speech has admitted many following provision: "That no coins, either of gold, silver, or minor of the positions assumed by me in my former speech-that is, that coinage, sh:tll hereafter be issued from the Mint other than those of our obligations, in the shape of bonds and otherwise, issued before the denominations, standards, and weights herein set forth." But tho act of 1873, being payable in coin, could legally be paid in silver, even a.fter 1873, and until the Revised Statutes of 1874, the old silver as t.his metal was a recognized coin up to that time ; and so with the dollar rem!l.ined a legal tender to any amount. duties on imports. He now admits th:tt these could be paid in silver. From this table, taken from an authentic publication issued in Lon- That is all I advanced at the time I made my speech, and for which I don, it will be seen how steady and regular has been the value of this was held up before the country as a sort of repudiationist, having metal until very recently. The cause of this depression is easily un- no reuard for the public credit. derstood, and it is only surprising that it has not been greater. This At !he time I proposed an amendment to the committee's bill that metal is now demonetized in England, Germany, and the United duties should be payable in silver equally as in gold, I was well aware States, besides several other countries. The demand for it, therefore, that we had no silver in the country; that, it having been unwisely for coinage is very limited; not only is this so, but the large amount demonetized some years before, none had lately been coined, and of old coin in the different German kino-doms and principaJities, consequently there was none here. My object was to have silver amounting to the large sum of three hunfued and :fifty millions, was rccoguized; a.n d, as I understand the Senator from Ohio who is thTown on the market to be exchanged for gold. France and the chairman of the Committte on Finance, this fact is now admitted. I other Latin nations were compelled, as a measure of protection against have accomplished one of the objects I h:tcl in view at the outset of this foreign silver invasion, which would have drained them of their this discussion, which was to have silver recognized as ono of tho gold, to pass laws limiting the amount of silver coinage. constitutional metals, and with which we coulcl pay our obligations, The Senator from Ohio stated in his last speech that this limit to :mu that it was also receivable in payment of duties. It is said by the !'lilver coinage in France and other southern countries was owing to Senator from Vermont, and others who oppose my amendment, that the fact th:tt silver was gradually becoming less valuable th:tn gol,l, to pay the interest on our public debt or our bonds in silver would hence the necessity of limiting the quantity. This is not the fact. be au act of bad faith. It is virtually admitted by this Senator that This limit was runde necessary to prevent the German silver from • accorcling to strict law this could be done, as the bonds and coupons flooding the country and taking away the gold in it.s place. Indeed, UTe paya,ble in coin: and at the time they were made silver was a all these laws limiting the amount of silver annually coined is owing legal coin, but that outside of the letter of the law it was under-· to the fact that England and Germany and other countries using noth- stood that gold alone was contemplated. If silver can be made as ing but gold would in time absorb all tho gold from the other coun- valuable as gold-that is, if a silver dollar of a gh·en weight. can be tries, and these would retain nothing but the silver. It is a measure made as good as a gold dollar of a given but lesser weight-where of protectiorf as against foreign countries. But if n,ll these countries would the bad faith beY now h:tving but one standard had t~e two, these protecti.vemeasnres The answer to t.his question presents the only solution of the prob- would not be necessary. lem. If it be true that silver can be made to be as valuable as gold, If silver was made a legal tender in this country for n,ll nmonnts then there would be no bad faith, for the c.reditor would receive as :md for everything, including the payment ~f the public debt and much in one way as the other. The arguments of both the ~enators duties on import.s, there can be no doubt that it would at once be as from Vermont and California in opposition to making silver a legal valuablo as gold, provided the relative value between the two was tender are based on the fact that silver is of much less value tha.n correctly fb-ed by law. Iu Europe this is 15t to 1, and my :first gold, and is subject to great variations in value. Whileitistru~ that amendment fixed it at this rate. I did so at the time not with the silver is intrinsically of less value than gold, and has been so rn all view of adhering to it, but because this was the relation in Europe, and ages, nevertheless until recently it was used by all nations with per- my object was to discuss the qu~stiou on the European basis. T~is was fect suc.cess, by establishing a certain ratio or relative value be\ween evident from the fact that I thd not propose to change the we1ght of the two metals. the silver doll:u·. I believ~ that the relation should remain at what The relative value of silver to gold in the days of the patriarch Abraham it was when we had the double standard; that is, 16for 1. The silver wa.~. ••• •• . . .•• • . . . . . .••••. .• . ..•••• .••••• .••• •• .••• .• . • •.... ••• . . . .. • •. . 8 to 1 dollar proposed to be coined is 412.8 grains troy. The gold dollar is Ouo thousand years before Christ ....•••..••••.....•.•••••.•••••..••••..•. 12 to 1 25.8 grains. Now,· sixteen times 25.8 is 412.8. By adhering to this Fiv-e Jmndred years before Uhrist . . . . . . . . . . . • . • . • • • . . • . . . • • • • . . . • • . • . • . • • 18 to 1 relation no change is niade. At the commencement of the Christianera....... ..••••• ...•.... ... .•..... 9 to l A.ll. 500 .....•..•.••.........•.•.......•....•.••••••••.•••••••••••...•.••. 18 to 1 Much has been said about the faith of the nation a.n d the national 1100 ••••••••••••••••••••••••••••••••••••••••••••••••••.•••.••••••••••• 8 w 1 honor. The Senator from California gave wings to his imagination 1500 .•.•.•...........••...••....•.......•.........•.•.•....••.•.•.••. 11 to 1 when speaking of this. This would be all very well if any one here 15::i1 ••••••.••.. ----- ••••••••••••.••• • ••••• -- •••••• ••••••.•••• ••• •. • • • . 2 w 1 or elsewhere propo!:ied to do anything to tarnish it or to place on it a 1600 ..•• ••........ .•.•.•..•• . ..•.•...•..••.•••..•..••..•.•••......••.. 11 to 1 Hil3 .••••••.....••.••. : ....•.••. ..... •...••. ........ ...•.....•....•..• 13 to 1 speck the size of the dot of a pin. I am formaintainingtbe national honor, a.nd am ready to make as many sacrifices to do this as any t!~t::: :::: ~;:::::: ~::: ::~ ~:: :::::: ~::::: ::::::::::: ~:: :·: : :::::::::: !~ E! man. This is not done by mere declamation. Tropes and figures of speech or hyperboles are not coinable. In war this honor is main- It ~ill be obS6rved from this table that the relative value has been tained on the field of battle, and in peace by a strict compli:tnce with pretty uniform, and it i~ now thel!ame that it wa.s i:a the year 1700, all enga.gements, public ~nd private, for they go together; .for _the which is one hundt'ed and seventy~six: years ago. Thns for this Ion~ individual who has no pr1va.te honesty cares not for the pubhc fa1th, period of time tbis relation nas not cl.Janged 1 ~ij.d it will be observeu however much be wa.y pra.te about it. 1876. CONGRESSIONAL RECORD-SENATE. 4179 To pay in silver is said· to be bad faith. And why f Because it is was turned out by the Mint of Philadelphia. From 1792 to the pres said not to be of equal value to gold. But if made of equal value to ent time $178,324,745.90 of silver money has been turned out by the gold will it not a,uswer t he sa,me purpose f If a silver dollar can be mints of this country, as per t.he following table, furnished by Dr made as good as a gold dollar, certainly the home bondholder Linderman, the Direct or of the Mint: would losenothingby ta,kiug silver; ::tudas totheforeign bondholuer, the facts are entirely different. No one, I presume, is so ignorant as Statem.ent exhibiting the amount ofStales. silz:er coinage at the 11L{nts of the United to believe that we send goJU in kegs to Europe to pay onr semi -annual in~rest. This is effected by buying of exchange on London, Paris, or Berlin, as may be required. If silYer is n.s good as gold in this Period. Dollars. Trade-dol- Fractional sil- Snbsidiary country, this exchange wouJs in the market the debtor will pay, in the r.hcapcst of the two metals, at a rat., less hemisphares; and tbi s not for one day, but for a generation or more. than tho standaru a"reed on at. the time of making the contract." Poverty, squalid poverty, will be the lot of the laboring population Upon this Mr. Gafutin observes that it will not be true that tho debtor pays less of t.he globe, while the already rich will uecome richer by increasing than was arrrecd, unless "the change in the market flrice is due to a fall in tbat of tbe metal: in whioh he pays his debts. " and that "if the change is due to the the purchasing power of the gold dollar. In time this woulcl lead rise" of the other metal, he pays all that was agreed. But, answering further, he again to the restorat.ion of the double standard. All nations would say a: bo compelled to restore it as the only way and the only means to ''But the true answer is that the fluctuations in the relative value of the gold and maintain social order and preserve the autonomy of the difi'erent silver coins, arising from the demand exceeding or falling short of the supply of either, are less in amount than the fluctuations, either in thevaluo of the precious stat~ now composing the family of nations. The laboring-man, he metals as compared \vith that of all other commodities, or in tho relative '\"alue of who earns his living by tbe sweat of his brow day hy day, has an in- bullion to coin, and even than the differences between coins, particularly gold coins, terest in thi~ question which true wisdo-m should teach us not to over- issued from the same mint; and therefore that those fluctuations in tho relati,•e look. · · · ' · value of the two species of coins are a. quantity which may be neglected, and is, in fact, never taken into consideration at the time of making the contract. ~· jo~p r~solqtion hn~ l?e~n tqtr[lduc~~ by tb_e Senato~ f~om Ohio [Mr. S~RM~l pledgmg our re:-ihness at any time to jom m a con- "The simultanerms rise and fall of the true metals, in relation to all other com- ference of the European powers on the subject pf the relation of gold modities, though not suscep~ble of being precitlely valued, does often take place 1876.. CONGRESSIONAL RECORD-HOUSE. 4181 I to a greater amount than any of the other fluctuations. It is evident that when- paid with silver, and also the interest upon the public debt. I will eYer such rise docs take place, whether generally or on the spot, it is an advantage not detain the Senate by giving the reason a.t tbi.s late hour; but I to be able to resort to both the metals, and that if the rise is only on one of the metals, for which there happens to be a ~ater demand, and that slion1d be the sole am willing to concede that it would be better for the time being that legal tender, it will be exported, and d1minish in a most inconvenient way the the dutjes and the interest should be paid with gold. Indeed, I may whole amount of Rpecie ; a diminution which, in that case, cannot be remedied by say briefly that it is better for us at this time that silver should not r esorting to the other metal which is not a legal tender. That inconvenience is be too valuable. I believe that we have a right to pay in silver, but still greater when gold is the metal selected for currency to the exclusion of sil"t"er, the annual supply of this last metal being much larger m value than that of gold.,. silver will be very scarce for at least one year to come, and we shall Commenting upon the English policy of demonetizing silver, Mr. Gallatin sa.ys: have ample time. It will be much more desirable that silver may "But not only ba~ England by that experiment, in tlie face of the universal ex- not be too valuable. If you make it too valuable you at once make perience of mankinrl, gratuitously subjected herself to actnal inconvenience for the sake of adhering to an abstract principle, but in so doing abe has departed more a merchandise of it, and it will cease to be in circulation. I will con- widely from known principles and from those which regulate a sound metallic fine all my amendments to one· point, to strike out the words ''not curreney. While pretending to exclude silver, she admits it, ancl makes it a legal exceeding $20," so that silver shall be a legal tender for all sums, ex- ten!ler for all that multitude of daily purchases and contracts under forty shillings cept for duties on imports and interest on the public debt. at an overrated price. Mr. MORTON. I desire to submit some remarks on this bill, but it "Even if the precedent were good, it could not be conveniently adopted in the United States. To the exclusion of sUver there are great objections. The Ameri- is getting late, and it is evident it cannot be completed to-night. I can dollar of 3711 grains of pure silver is the unit of money and standard of value will therefore move that the Senate proceed to the consideration of on which all public and private contracts are founded." executive business. Wbat would have been the amazement of Albert Gallatin if he had lived until 1873, when public, corporate, and individual debts had attained a magnitude ne"t"er Mr. LOGAN. Before that motion is put, if the Senator will allow dreamed of in his day, the national debt two thousand millions, State and muni- me, I should like to make a report from the Committee on Military cipal debts as much more, and other debts perhaps ten times as much, but all Affairs. founded on "th€' American dollar, or 371~ grains of pure silver." as "tbestand:ml of ~· MORTON. I will withdraw the motion for that purpose. value," and all payable in that standard; to have witne!!sed the spectade of a Con- gress of the United States, enacting: in carelessness that.all debtors, including the na- ISSUE OF ARM:S TO WESTERN STATES AND TERRITORIES. tion, should be deprived of their plain and essential rights and condf'mned to pay in the sinj!lemetal of gold, ct~rtain to be carried by thenniversal scramble for it to Mr. LOGAN. The joint resolution (H. R. No. 129) authorizing the an unheard-of price as measured in all property, real and personal i Secretary of War to issue arms was referred to the Military Commit- tee this morning. I have consulted with enough members of t.be Extracts from minutes of evidence taken from the committee for coinage at the committee to authorize me to report it back with amendments; and, board of trade April ·26, 18'28. inasmuch as the parties interested in the question are very desirous ALEXANDER BARING, esq., M. P., exalnined: that the mea~ure should pass, if satisfactory to"the Senate, I ask that Question. Is it your impression that it is possible and desirable to maint.ain in it may be put on its passage now. tl1is country a silver currency as a legal tender founded on the proportion of silver By unanimous consent, the t::lenate, as in Committee of the ·whole, to gold established in the currency of France, or something very near it, at the proceeded to consider the joint resolution. same time that we maintain our present silver currency, which is obviously not in that proportion, and that there would be an advantage" in that system 1 The joint resolution was reported from the Committee on Military Auswer. I have always thought so, and certainly think so still. •I have no doubt Affairs, with amendments. about it. · The first amendment was to insert after the word "protection," in Q. The circulation of the country would then consist of a silver coinage of tok- ens being a legal tender onl.Y to a limited amount, and a silver coinage beinrr a line 4: legal t<'nder to an unlimited amount, and a golcl coinage. "' Not to exceed one thousand to said States, each, and not more than five hundred A. E xactly so. to each of said TeiTitories. Q. What are the advantages which you contemplate from the addition to our The amendment was agreed to. present CUI"rency of a silver currency consistent with the token silver issued in tho manner yon have described ~ The next amendment was in line 4, after the word "only," to insert A. Tb e value of a medium of circulation in a country where it is necessarily the words " shall be." combined with much paper, and especially when the paper forms the larger portion, The amendment was agreed to. dopendK on ita :fl.exihility, on its power of contracti.on and expansion t{) meet the The next amendment was to add : Yat·ying circumstances of the times. * * * A sudden change from peaee to war, a. bad harvest~ or a panic year, arising from overtrading ancl other causes. immedi- Pro,lided, h01oeuer, That said arms shall be isstled in the following manner and at ely imposes upon the Bank of England, which is the heart of all our circula-tion. for upon thefollowin~conditions, namely: Upon the requisition of tho governors of said tho purpose of protecting itself, to etop the egress of specie; sometunes even to States or 'lerrttmies, showing the ab olute necessity of a110s for the protection of bring large quantities into the country. These indispensable remedies are always tho citizens and th6ir property against Indian raids into sa.td States 01· Territ~ries; applfed with more or less of restriction of the currency and conser;uent distress. also, thatmiut.ia companies are regularly organized and under the control of saiu * * * No care or prudence can enable the great bank to avoid occasional resort States or Ten-1tories to which such arms are to be i~?sued, and that such governor to tho~e m~asures of defense; and that system of currenc.v is the best which. admits or governors shall give a good and sufficient bond for the return of said arms, or of thetr bern~ made the least frequently, and with tho leasteffortacd deraugement. payment for the same, at such time as the Secretary of War may designate. Now, it is evillent that the bank, wishing to re-enforce the supply of specie, can do The amendment was agreed to. so with infinitely increased facility, witli the power of drawing gold or silver·, tban if it were confined to one of the metals. * * * That medium of legal tender is The joint resolution was reported to the Senate as amended, and b t which affords Lbe best security aJrainst these forced operations. The greater the amendments were concurred in. the facility of the bank to right itself in these constantly recurring ebbs and floods The amendments were ordered to be engrossed, and the joint reso- in its specio, the greater will be the facilities of those who depend upon it, and the lution to be read a third time. less freque-nt will be those sudden jerks and changes so fatal to credit and com- merce. * " * That the efforts of the bank in 1825 for self-preservation made The joint resolution wa-s read the third time, and pa-ssed. great havoc among its dependents throughout the country is well known: and I !Je- Mr. LOGAN. I desire to amend the title so as to make it read" an ll eve it is equally so that, while it was rumaging every corner for gold, which could act" instt)ad of" a joint resolution." alone answer ita purpose, it was sending Ia.rge sums of silver from its coft'ers, which Mr. SHERMAN. That has to go through a different form. were perfectly useless. To the question whe-ther it was possible to fix a legal ratio of the two metals to The PRE~IDING OFFICER, (Mr. INGALLS in the chair.) It came which the market ra.tio would always correspond, he replied that it wa~ not. He from the House as a joint resolution and could hardly be amended in said that the market ratio" will vary with the variations in the relative value of that respect without confusing their records. the metals, howeTer wisely you may adjust the difference," an£1 that, as a conse- quence, under the double standard, "the practical currency may change from one Mr. LOGAN. Very well. to the other." nut there was nothing in this which seemed to alarm him or shake LEGAL TENDER OF SILVER COIN. his conviction that the double standard was the best. He said: "In these matters practical experience is worth all the theories of mere specula- Mr. SHERMAN. I will ask the Senator from Indiana to with- tion. The Yariation rn France is seldom above 1-10 per cent.; it sometimes ruus hold his motion to go into executive session to enable me to give a up to a quarter per cent. It has been, I am told , something higher on particular notice. I do not think it reasonable to ask the Senator from Indi- occasions. When the Ba.nk of England was running all over the continent for ana to speak to-night at this late hour ; we are all quite tired gold, thiR was the case." and fatigued; but I shall ask the Senate to- morrow to close and. The country is at this moment in a terrible crisis. We hear every finish this bill, so that we may get it out of the way. I give notice da.y of new failures. The largest manufacturing establishments, the that at one o'clock to-morrow, according to order, I shall insist that heaviest mercantile firms, the most enterprising men-those men who this bill shall go on, against any bill that may be pending, at the have done the most to employ labor and to create wealth-are going expiration of the morning hour. I appeal to the Senate to let us down before this terrific storm. Those large establishments and finish this bill and get it out of the way to-morrow. beavy firms are like the tall trees of the forest-, around whose beads EXECUTIVE SESSION. the ligbtninO's have played for a century and whose majestic branches and thick follage have given shade and shelter to the animals of the Mr. MORTON. I renew my motion that the Senate proceed to the woods for many long years; but their great height also invites the consideration of executive busin'ess. · lightning's stroke and their thick foliage and wide-spreading branches The motion was agreed to; and the Senate proceeded to the consid- expose them to the winds and storms -t hat sweep around the eart.h. eration of executive business. After ten minutes spent in execut-ive These tall trees go down, torn by the roots, when the small and deli- session thedoorswere re-opened, and (atfiveo'clockandten minutes cate shrub remains unharmed. p. m.) the Senate adjourned. Mr. President, some time ago I offered three amendment& to the Sen- ate bill. I will take them in the inverse order. The first one was fixing the rate or rat io between silver and gold at lSi to 1. As I stated in my HOUSE OF REPRESENTATIVES. speech, this was not correct, and I knew it was not at the time. It is not necessary to fix any rate at all, because the rate fixes itself. The rela- TUESDAY, June 27, 1876. tion of 16 to 1 would remain, because the silver dollar is 412.8 grains, the gold. dollar being 25.8, and 25.8 multiplied by 1G makes 412.8. That The House met at twelve o'clock m. Pmyer by the Chaplain, Re--r. am endment 1 desire to wit.hdraw. Another amendment which I desire l . L. TOWNSEND. to withw'a·N is that which provided that duties on imports might be The Journal of yesterday was read and approved. 4182 CONGRESSIONAL RECORD-HOUSE. JUNE 27, UNITED STATES ATTORNEYS. Forty-one <'.•aRes of amputation of both le~s. One caso of amputation of both hands. Mr. DURHAM, by nnanimons consent, introduced a bill (H. R.. No. Seventeen ca.ses of amputation of both feet. 3792) fixing the compensation, &c., of United State attorneys; which Seventeen cases of amputation of both arm and leg. was read a first and second time, referred to the Committee ou Ex- On~ ca~e of amputation of both hand antlleg. penditures in the Department of Justice, and ordered to be printed. J<'olll' ca es of amputation of le~ and foot. Thirty-two ca es of other t the motion to reconsider second time, referred to the Committee on Military Affairs, and or- be laid on the table. dered to be printed. The latt~r motion was agreed to. CATTARAUGUS AND ALLEGANY RESERVATI()N L."i NEW YORK. Mr. RUSK. I ask unanimous coLsent to have printed in the REC- ORD of to-day's proceedings a copy of the present law in regard to lli. GOODIN. The Committee on Public Lands, to whom was re- artificial limbs and a statement upon the subject. ferred the communication from the Interior Department relating to lli. RANDALL. I have no objection to having printed in the the survey of the Ca,ttara.ugus and Allegany reservation in the Sta.te RECORD anything the gentleman may want to present as an argu- of New York, have directed me to report the same back to the House ment, but to print a law that is already on t.he statute-books-- and to move that the committee be discharged from its further con- 1\!r•.RUSK. It is very short; it is only two sections. I desire to sideration, and that it be referred to the Committee on Appropria- prJnt. it in this connection to show the necessity for the passage of this tions, with the recommendation that the sum of 15,500 be appropri- bill. ated to pa,y for the surveys, as estimated by the Commissioner of the Mr. RANDALL. If it is short, I have no objection. General Land Office. There being no objection, it was so ordered. There being no objection, the motion was agreed to. The following are the papers referred to by Mr. RUSK: ORDER OF BUSINESS. SEC. 4787. Every officer, soldier, seaman, and marine, who was disabled, during M.I. WILSON, of Iowa. I now call :&or the regular order. I think the war for the suppres ion of the rebellion, in the military or na.val service, and it is better to have business proceed regularly. in the line of duty, or in consequence of wounds received or disease contracted The SPEAKER pro tempore. The 1·egular order being called for, the therein. and who was furnished by the War Department, since the 17th day of morning hour will now belPn at twenty-nine minutes past twelve .rnne, 1870, with an artificial limb or apparatus for resection, who wns entitled to o'clock. The first business m order is the call of committees for ro- receive such limb or apparatus since said date, shall be entitled to receive a new limb or apparatus at the expiration of every five years thereafter, under such regu- port.s of a public nature. The unfinished business from the 1ast morn- lations as have been or may be prescribed by the Surgeon-General of tM Army. ing honr is tho bill (H. R. No. 3370) to amend the statutes in relation SEc. 4788. Every person entitled to the benefits of the preceding section may, if to damages for infringement of pa,tent.s, ancl for other purposes, re- he so elects, receive, instead of such Jimb 01' apparatus, the money value thereof, at the following rates, namely: For artificial legs, 75 ; for arms, e;>o; for feet~ $50; ported from the Committee on the Judiciary. for apparatus for resection, S!)O. (ReYised Statutes.) Mr. HURLBUT. The Committee on the Judiciary has already An act to increase pensions in certain cases. occupied t.heir two morning hours. Be it enacted by the Senate and Ho'USe of Repu.sent'Ltives of tM United States of The SPEAKER pro temp01·e. That is true, but this is pending un- America in Congress a.ssembled, That all persons who are now entitled to pensions finished business in the morning hour, and must be disposed of. under existing laws, and who have lost either an arm at or above the elbow, or a Mr. HURLBUT. I understand that it was postponed nntilMonda.y leg at or above the knee, shall be rated in the second class, and shall receive 24 per month: Provided, Tl~at no artificial limbs, or commutation therefor, shall be next. furnished to such persons as shall bo entitled to pensions under this act. Mr. SA!IIPSON. This bill was in charge of the gentleman from 'Vis- SEc. 2. That this act shall take effect from and after the 4th day of .Tune, 1874. cousin, [Mr. LYNDE.] Approved June lR, 1874. The SPEAKER pro tempore. The Chair will state the exact posi- The first issue of artificial limbs was for 3,021 arms, 4,646 legs, 48 feet, 214 appa- ratus, making 7 .929, all in kind. The cost, oxclusi ve of transportation, which is un- tion of the bUl as shown by the J onrna1. .The bill was ordered to known, was ~51,500. be engrossed and read a third time, and the gentleman from Wiscon- The second issue is for arms in kind 124, commuted, 4,613 i legs in kind 1,23!l, sin [Mr. LYNDE] moved to reconsider the vote by which the bill was commuted 3,915; hands in kind 2, commuted, 47; feet in kina 11, commuted, 115; ordered to be engrossed. Sub eqnently the gentleman withdrew that apparatus in kind 3L, commutecl, 2,189. Of those losing legs one-fourth took limbs in kind. motion, and it was renewed by the gentleman from Iowa, [Mr. SAl\IP- For loss of arms one-thirty-eighth took limbs jn kind. SON,] who i~ entitled to the floor upon the bill. For apparatus one in seventy and one-half took limbs in kind. . 1\fr. HURLBUT. And then the postponement wM made. Of arms furnished in kind a little more than one-half were for amputations above Mr. SAMPSON. By an arrangement with Judge LYNDE, who has the elbow. Of legs a little more than one-third were at or above the knee. charge of this bill, it was agreed that it might be passed over until Cost of limbs and commutation ................ _......•...•.•• _.... : __•• _ $704, 825 next Monday, and would not l.le called up before that time. Transportation, (approximated) ... ~· .. _.••.. _.......•....... _............ 26, 104 1\fr. HURLBUT. That is the fact. Advertising .. ·-·-·--··.·-·· .• ····--···-···-·· ....... --· •• ···-··.......... 2, 588 The SPEAKER p1·o tempore. The bill is now before the House. ,, 733, 5l7 Does the gentleman move that ita further consideration he postponed until Monday next f The disabilities were amputation of 4,737 arms, of which 25 were at the elbow, 3,386 above the elbow; 4,643legs, of which :!9 were at tho knee, and 1,966 above; 49 :Mr. SAMPSON. I do. bands and 1:26 feet, and 1,589 arms, 615 le~s, 4 hantls, and 12 feet more or less dis· Mr. SPRINGER. It is not certain that the House will be in ses- abled, but not amputated. sion on Monday next. umber of persons, 11,618; number of limbs, 11,775. Mr. REAGAN. The Committee on the Judicia,ry have but one or The double di.~abilities are: One case of amputation of both arms and both legs. two bil1s more to report, and I ask consent that they be allowed to Thirty-three cases of amputation of both anna. report them now. · 1876. CONGRESSIONAL RECOR.D-HOUSE. 4183 The SPEAKER pro tempo1·e. That would require unanimous con- and therefore it is not necessary that it should have its first consid- sent, the Committee on the Judiciary having occupied the two morn- eration in Committee of the Whole. inrr hours to whioh they are entitled under the rule. The SPEAKER pro tempore. The bill evidently makes provision Mr. LYNDE. I wish to say that there was an arrangement made for an appropria.tion of money, and the Chair is constrained to hold between the crentleman from Iowa [Mr. SAMPSON] and myself, so far that under Rule 112 it must be fu·st considered in Committee of as we had po~er to make an arrangement. Anticipa.ting that there the Whole. would be a. thin House, that many members would be absent attend- Mr. RUSK. I think the bill belongs to the Committee on Com- ing the Saint Louis convention, I agreed with the gentleman from merce, and shonld go there and be considered by them. Iowa [Mr. SAMPSO~] that so far as he and I were concerned his mo- The. SPEAKER pro tempo1·e. The point of order has been m::tde and tion to reconsider should not be called up until Monday next. I am the bill is referred to the Committee of the Whole on the state of the disposed to keep that anangement; if ratified by the House, well and Union, under the rules of the House. good. I do not pret-end to make any arrangement that would control CENTENNIAL EXPOSITION. the action of the House. Mr. HOPKINS, from the Committee on Manufactures, reported The SPEAKER J>"ro tempm·c. The Chair will state to the gentleman back, with a favorable recommendation, the bill (H. R. No. 3202) pro- from Wisconsin [Mr. LYNDE] thn.t the motion now pending is that of viding for a commission of skilled mechanics to attend the cent.en- the gentleman from Iowa [ltlr. SA...m>SON] to postpone the further con- nia.l exhibition. sideration of this bill until Monuay next. The bill was read. The motion of Mr. SAMPSON was agreed to. :Mr. HAMILTON, of New Jersey. I make the point of order on HEIRS OF GERARD WOOD. that bill that it must have its :first considemtion in Committee of the Mr. CALDWELL, of Alabama, from the Committee on War Claims1 Whole. reported a bill for the relief of the heir and legal representatives of The SPEAKER pro te?npore. The Chair sustains the point of order, Gerard Wood, deceased. and the reference will be made. 1\lr. HURLBUT. I make the point of order that that is not a pub- SPIRITUOUS LIQUORS IN THE INDIAN TERRITORY. lic bill. Mr. SEELYE, from the Committee on Indian A.fi'airs, reported a bill The SPEAKER pro tempore. The point of order is well taken. (H. R. No. 3797) to amend section 2139 of the Revised Statutes. Mr. CALDWELL, of Alabama. I ask unanimous consent that the The bill was read. bill be referred to the Committee of the Whole. It provides that section 2139 of the Revised Statutes be amended by Mr. HURLBUT. If the House chooses I do not wish to stand in striking out the phrase" except :m.Indian." the way. :Mr. SEELYE. The reason of this bill is that the exception which No objection being made, the bill (H. R. No. 3796) was read a first it proposes to abolish permits the introduction of spirituous liquors and second time, referred to the Com.mitt.ee of the Whole on the Pri- by Indians into any part of the India,n Territory. vate Calendar, and, with the accompanying report, ordered to be This results in very great mischief. The Committee on Indian Ai- print-ed. fairs, to whom the subject was 1·eferred by the House, have unani- ORDER OF BUSINESS. mously reported this bill excluding that exception, and I ask its pas- sage. Mr. REAGAN. I ask unanimous consent that the Committee on Mr. LUTTRELL. How will the section of the Revised Statutes the Judiciary be allowed to make an additional report at this time read with this amendment Y Will it provide that there shall be no in- of a joint resolution (H. R. No. 24) authorizing the Secreta.ry of the troduction of spirituous liquors Y Treasury to pa.y over to the State of Texas the balal!ce remaining of Mr. SEELYE. The section now provides that no one shall intro- the fund appropriated by the acts of September 9, 18;)0, and February duce spirituous liquor in the Indian Territory except Indians, and 28, 18fl5, for the payment of the creditors of the late republic of Texas. the bill strikes out that exception. The SP.EA.KERpro tempore. The Committee on the Judiciary had Mr. KASSON. As I understood the la.w when it was first framed, already had two morning hours, and the gentleman from 'l'exas now I got the impression which the gentleman from Massachusetts seems asks unanimous consent tha.t they be allowed to report furt.her at this to entertain, that an Indian could introduce liquor into the Indian time. country. But, on the contrary, the first section provides tha.t .no a.r- Mr. SEELYE. How long ·will that bill occupy! dent spirits shall be introduced under any pretense into the Indian The SPEAKER pTO tempore. The Chair is not informed. country. The section then goes on to provide that "every person, 1\lr. SEELYE. There are other committees with very important except an Indian, in the Indian country who sells, exchanges, gives, business requiring the attention of the House. . barters, &c., shall be punishable by imprisonment for not more than Mr. REAGAN. I do not think it will occupy more than ten minutes. two years and by :fine not more tha.n $300; " so that the e:fi'ect of the Mr. OLIVER. 1 t.hink the gentleman can get unanimous consent provision (and I mention it for the purpose of seeing whether I have to introduce that bill' at some other time. There are other commit- the same understanding as the gentleman from Massachusetts) is to tees with pressing business at this time, and I think they ought not ma.ke this identical punishment apply to an Indian as well as to a to be set aside. white man. Am I right in that construction f Mr. REAGAN. I will not insist if any objection is made. Mr. SEELYE. Mr. Speaker, this section of the Revised Statutes The SPEAKER pt·o temp01·e. Is objection made f was intend~d to prohibit the introduction of ardent spirits among Mr. OLIVER. Yes. I object a.t this time. the Indians. The prohibition was universal except as to Indians; Mr. REAGAN. I suggest, then, that t,h e report be allowed to be but this exception has opened the door by which all the evils tha.t made to-monow morning. [Cries of ''Regular order."] the statute was designed to guard against have been permitted. The COLLECTION OF CUSTOMS. Committee on Indian .Affa.irs unanimously recommend that tho Indian Mr. DIBRELL, from the Committee on Public Expenditures, re- in this matter be placed upon precisely the sa.me foo~ing as the white ported back, with a favorable recommendation, the bill (H. R. No. man. · 2816) to reduce the expenses of collecting customs. · Mr. GUNTER. Does not the statute to which the gentleman refers The bill was read. prohibit absolutely a,ll persons, both white and India.n, from intro- Mr. KASSON. I make the point of order on that bill that it must ducing liquor into that country, while the exception is as to the pun- have its first consideration in Committee of the Whole. It provides ishment for traffickin{? in liquors in that country! As I understanve not r esumed work for if a miner could locate a claim and hold it for years without doing u pon the claim after failure and before such location. Upon the failure o ~'tn y one of several co-owners to contribute his proportion of the expenditures required any work upon it , the mining resources of the country would not be llcrelly, t he co-owners who have performed the labor or mauc the improvements developed. In that law t he Government of the United St ates required may, at the expiration of the year, give such delinquent co-owner personal notice, that every person who 11nder the act of Congress or under the local in writing, or notice by publication m the newspaper published mmr est the chtim, for at least once a week for ninety days, and if, at the expiration of uinety days mining laws of the district should take np a claim should show his after such notice in writiug or by publication, such delinquent should fail or refuse good faith by doing at least one hundred dollars' worth of work every to contribute his pr oportion of tho e~"]) enditure required by this section his inter- year upon the claim. This requirement in my judgment is right. But est in the claim shall become the property of his co-own~:>rs who hM·e made there- for such a provision of law a man who has located a valuable claim quired expenditures." might wait until another miner has prospected or developed an adja- Mr. DURHAM. If I can have a little order here in the House I cent mine, of which development he gets the advantage; or in order will state the scope and purpose of this bill. to evade the law he might induce some man to file a counter-claim, The SPEAKER pro tempm·e. The gentleman will suspend until and during all the years in which the conte-st might be before the local order is· restored. The Chair desires to state that a {?reat many diffi- land office might not do a single dollar's worth of work, the mine re- culties of understanding that arise between the Chair and the House maining meanwhile undeveloped. result from the great confusion in the House; such difficulties have Mr. LANE. I have filed many applications in good faith which occurred twice to-day. The Chair expresses the hope tha.t gentle- have rested in the Office here year after year without a patent issuing. men who are interested in tho progress of the busines& of the House The delay is not the fault of the applicant, but of the Office here. I and a speedy retum to their homes will ai(l the Chair in maintaining insist that during t}le time occupied by such delay the miner should order in tho House. If members will refrain from loud conversation not. ue compelled to expend $100 a year upon hi~:J claim, as required there will be no difficulty in every member of the House understand- by the existing law. ing precisely what the action of the House has been and what have Mr. PAGE. One word in reply to the gentleman from Oregon, [Mr. been the rulings of the Chair. LANE.] The very object of the mining act of 1812, which virtually Mr. DURHAM. Under the present mining law, whenever a man gnve to every miner in the country his mine without requiring him to desires to locate a mining claim he must get the surveyor to run the pay the Government one dollar, was that the miner should prospect boundary and have it specifica1ly defined by metes and bounds. Under and work his mine, bestowing at least one hundred dollars' worth of the section which it is proposed to amend by this bill, he is reqnired work upon it every year. That was the very object of the mining to file that description in the General Land Office, and where pay is a-ct. If the law required the miner to make application within six required by the law he is then to pay whatever may be the price of months or one year and to pay the Government a certain sum for the the mining land contained within the boundary so filed. Thatisthe mine, the case would be different. But there is nolawreqniringsuch presen t law. In addition to that he is required to do one hundTed application to be made. AB the law now stands the miner may, under dollars' worth of work besides paying the pecuni:u·y consideration for the local mining laws or unuer the act of Congress, hold his mine for the mining land. Under the ·ection which it is proposed to amend, years, as long as he pleases; and all the Government demands i1:1 simply while his claim is in litigation, if contested, or while the General that be do a certain amount of work every year to ~how that he is Land Office is investigating the matter, and before his patent is iss ned, acting in good faith in preventing others from coming upon this he is required to do one hundred dol1ars' worth of work every year. mine and developing the resources of the country. 'fhat sometimes operates as a hardship upon the claimant, because, I believe, therefore, that this bill would be a species of unwise leg- in case of a conflict of title nrising in the courts, if he is oust.ed be islation. I do not think that onr mining laws should be interfered loses the benetit of all the work he has done. with in the slightest degree. I represent a State whose mining wealth 'l'he object of this bill is simply this: :l.Dd this alone: After he shall is perhaps as extensive as that of any other in the Union; and it ba.ve made his survey Rnd filed his plat and boundary in the land seems to me that the mining laws as they now stand should not be office and paid the amount required by law, when the Goverument is interfered with at all. In my judgment the only tendency of legis- in default and does not ia&ue the patent for his claim, or where he is lation of t.hat kind is to disturb the title of mining claims through- held in court in consequence of a controversy in relation to tho title, out the country. I believe it is best that the law in this respect bo shall not be required to do the one hundred dollars' worth of work should remain without change. each year during that time. That is the whole sum and substance of Mr. DURHAM. I yield to the gentlema• from Montana, [Mr. MA- this bill. GIN~·ns.] This bill wa,s introduced by a gentleman from one of the Territories, l\lr. MAGINNIS. Mr. Speaker, I agree so thoroughly with the gen- by Mr. PATTERSON, of Colorado, I think. When it came to be consid- tleman from California [Mr. PAGE] in all the general principles that ered iu the Committee on Mines and 1\Iining, sundry amendments he has laid down, that there is no room for any issue between us. So wore offered to it by t.wo or three members of that committee. A con- far as the principles of representation are concerned, I have been one ference was had with all the Delegates and :Members from the mining of those who are entirely opposed to any extended interference uy Territories and districts, with the exception of California, and it was Congress with the territorial and local laws of the mining districts. agreed unanimously by all those Delegates that this bill was exnctly I am not in favor of much legislation, and would prefer that all the what they desired. I underst:md now that perhaps one of the mem- mines of the count-ry should be held as far as possible under miner's bers of the Committee on l\lines and Mining, who is not present, has law; and I may say that a large majority of the Committee on Mines some objection to this bHl. I have never heard of any objection be- ancl Mining, including the chairman, [Mr. BLAND,] himself a practical ing urged to it by that gentleman, the gentleman from Nevada, [Mr. miucr in the early days of California and Washoe, agree on those gen- WOODBURN.] era 1 principles. Mr. MAGINNIS. The gentleman from Nevada [Mr. WooDBURX] But, Mr. Speaker, this is not so mnch a proposition to amend the was in the conference with the Delegates, and stated that this bill miniug law as to clear up and make explicit some of its provisions was just what he wanted. · under which injustice occurs. A13 the gentleman from Kentucky [Mr. Mr. DURHAM. It is proper that the gentlemen from these mining DURHAM] b:ls said, there are but two propositions in this bill. One localities should be consulted in matters of this kind, because they is that when the miner bas fairly represented his ground, expended are t~ be presumed to know what is the desire of the people of that his thousand dollars, and made his final proof and payment at t.he region more than we who do not live in the mining districts. But local land office, the duplicate or certificate that he then receives shall it does seem to me that it will strike the sense of every gentleman be as good to him as ~ the farmer who makes entry of agricultural on this floor that the ob,iect of this bill is right and proper; in other land, and that be shall not be required to further work his ground on worus, that where the claimant of the property bas performed every account of clelays in the General Land Office in issuing the patent to part and parcel of his duty toward the Government in locating his which be is at once entitled. claim and where the Government is in default in not issuing to him The law now requires that on each claim the miner shall annually his patent., he ought not to be required to do the one hunclred dollars' do one hundred dollars' worth of work until the "patent is issued." worth of work during the int-erim; or where he is int ercepted by a We propose simply to change those words so that the law will read counter-claim and where that cl::tim is in litigation in the courts, he ''until he bas made final proof and pa.yment at the local land office.'~ certainly ought not to be required to go on ancl improve th9.t claim Certainly this is just. The miner has complied with all the require- until the title is made perfect by judgment of the court or by the is- ments of the law, and under its provisions be is immediately eutitled suing of a patent, by the Government. That is the sum and substance to a patent. He has a certificate to this effect. But through a la-ck of the whole bil1. of proper clerical force in the Genera.! Land Office, or other reasons, Mr. PAGE. I would like to say one word on this bill. his patent is delayed two, three, or five years; and by reason of that Mr. DURHAM. I yield to the gentleman, but I do not surrender fault on the part of the Government, he is required to keep up his the floor, for I want to call the previous quest-ion. representation as if he had not fulfilled his part of the law. He is Mr. PAGE. The gentleman misapprehends the law in reference to put to expense and trouble because the Government fails to issue the - what is called the quartz claim or rock in place. The act of 1872 does proper patent. Now, just as in the cas*} of the location of agricultu- not require the miner to purchase or make application to purchase his ralla.nds, the certificate should be as good as the patent, so far as it - mining claim. He may hold it for years and years and mine it with- is evidence that the locator has complied with all the requirements out paying the Government one dollar, if he chooses to do so, under of the Government. the local mining laws. That is t he law; that is the act of 18i2. But t.be The next point referred to by the gentleman from Kentucky [Mr. act of 1872 provides that a person wbo locates a mine under the local min- DURHA:\1] is that the right of the miner ought to be preserved while ing Jaw or 11nder the act of Congress, if you please, shall year after y~ar his case is in litigation. No man will go into a sham lawsuit to em- do oue bunured dollars' worth of work on such mining claim. The barrass himself when he is in a fair way to get his title. It would object of that provision-and in my judgment it is a very wise one- be cheaper for him to wgrk his claim than go into the courts. 4190 CONGRESSIONAL RECORD-HOUSE. JuNE 27, Mr. LUTTRELL. Does not the present bill reserve the right to Whitehouse, Whitthorne, Andrew Williams, Charles G. Williams, James Williams, each minin (J' district to make its own regulat ions f James D. William , William B. Williams, Willis, Benjamin W.ilson, Alan Wood, jr., Fe~do Wood, ·w oodburn, Woodworth, and Young-140. Mr. MAGINNIS. Certainly; that is the mining law. · Mr. LUTTRELL. It st ill reserves to each mining district that So the motion to reconsider waa not agreed to. ri~ht. Durin(}' the roll-call, the following announcements were made: Mr. MAGINNIS. .Aa a matter of course. It interferes in no way Mr. VANCE, of Ohio. My colleague, Mr. VAN VORHES, is absent wit.h the mining law. I believe myself that the prov~sions of this bill by leave of the House. are er.nlmtccd in the mining law, but tho purpose IS to make these 1\lr. ATKINS. My colleague, Mr. YoUNG, is detained at his room by provi ions plainer and avoid litigation. I have no etts; which was referred to the Committee of the Whole on Mr. LOGAN presented the petition of H. Eickholt, president., and C. the Private Calendar, and the accompanying report ordered to be Draeger, secretary, of the Germa.n Vetemn Union, praying for an printed. amendment to the bill (S. No. 875) to re-adjust the rates of pension SAMUEL U. ABBOTT. for specific and other serious disabilities, so as to make no distinction Mr. BRADLEY also, from the same committee, reported back, with between soldiers who lost two legs and those who lost two arms a recommendation that it pass, the hill (H. R. No. 1509) for the relief during the late war; which was referred to the Committee on Pensions, of Samuel U. Aubott, postmaster at Menomonee, Michigan; which a.ml ordered to be printed. was refen-ed to the Committee of the Whole ou the Private Calendar, Mr. CONKLING presented the petition of 124 mercantile, banking, and the accompanying report ordered to be printed. manufacturing, and trading firms of the city of Boston, praying for the passarro of the bill (S. No. 846) to punish tho counterfeiting of ANNE W. OSBORXE. trade-mark goods and the sale of or dealing in counterfeit ti·ade-mark Mr. BRADLEY also, from the same committee, reported back, with goods; which wa~ ordered to lie on the table. a recommendation that it pass, t.he hill (H. R. No. 1003) for the relief REPORTS OF COMMITTEES. of .Anne W. Osborne; which was refened to the Committee of the Whole on the Private Calendar, and the accompanying report ordered Mr. MORRILL, of Vermont, from the Committee on Public Build- to he printed. ings and Grounds, to whom was referred the bill (S. No. 297) appro- JAMES H. VEAZm. priating money to erect a building at Little Rock, Arkansas, reported 1\:Ir. BRADLEY also 1 from the same committee, reported back ad- it with an amendment. vernely the bill (H. R. No. 2Gl5) for the relief of James II. Veazie; Mr. WRIGHT, from the Committee on Claims, to whom was re- · which wuslaid on the table, and the accompanying report ordered to ferred tbe memorial of Gallus Kirchner, of North Vernon, In(liana, be printed. praying compensation for 2,:380i yards of blue limestone delivered ORDER OF BUSINESS. to the United States, submitted an ad verse report thereon; which was agreed to, and ordered to be printed. The SPEAKER pro tempm·e. Pending the motion of the gentleman He also, from the same committee, to whom was referred the bill from New York [Mr. LORD] that the House proceed to the considera- (H. R. No. 3273) for the relief of Mrs. Ellen J. Brosnan, submitted tion of the hill known as the Geneva-award bill, the gentleman from an adverse report. thereon; which wa~ ordered to be printed, and the California [Mr. PAGE] moves that the House adjourn. bill was postponed indefinitely. Mr. LORD. The gentleman from California consents to withdraw M:r. CAPERTON, from the Committee on Claims, to whom wa-s re- that motion for a moment, in order that the question may be taken on ferred the petition of Jackson Tibbetts and others, employes of L. my motion. The motion of Mr. LoRD was agreed to ; and the House accord- the l<"'oxDay J. & J. and T. W. Call, late contractors on the improvement of River, Wisconsin, praying that 1oh e amount forfeited to the ingly proceeded to the consideration of the hill for the distrilmtion United States by the contmctors by the annulment of their contracts of the Geneva award. he applied to the payment of wages due said employes, submitted an Mr. JENKS obtained toh e floor. adverse report thereon; which was agreed to, and ordered to be printed. Mr. PAGE, I now renew my motion that the House adjourn. He also, from the same committee, to whom was referred the peti- The motion was agreed t-o; and accordingly (at three o'clock and tion of Frank G. Senseny and others, heirs of Jacob Senseny, deceased, thirty minutes p.m.) the House adjourned. praying compensation for the use ana occupancy of certain buildings in Winchester, Virginia, by United States troops in 1864 and 1865, sub- mitted a. report thereon, accompanied by a bill (S. No. 947) for there- PETITIONS, ETC. lief of the estate of Jacob Seuseny, of Winchester, Virginia. The following memorials, petitions, and other papers were presented The bill was read and passed to the second reading, and the report at the Clerk's desk under the rule, and referred as stated : was ordered to be printed. By Mr. FAULKNER: Papers relating to the claims of Dr. Francis Mr. CONKLING, from the Committee on the Judiciary, to whom 'I'nmblety, growing out of and caused by the several wrongful arrests were referred sundry petoitions of mercha.nts, traders, bankers, and and incru·cerations of himself in the year 1~5 by and on the part of other citizens of New York, praying the passage of a law to punish tile United States and certain military officers thereof, to the Com- the counterfeiting of trade-mark goods and the sale in or dealing of mittee on Foreign Affairs. counterfeit trade-mark goods, asked ·to be discharged from their fur- By Mr. FRANKLIN: The petition of Marth1t N. Davis, for compen- ther consideration; which was agreed to, the committee having re- sation for property taken by the United States Army, to the Commit- ported a bill on the subject. tee on War Claim~. - Mr. COCKRELL, from the Committee on Claims, to whom was ro- "4192 CONGRESSIONAL RECORD--SENATE. JUNE 28-, £erred the petition of Thomas M. Simmons, praying compensation ate as a contingent fund will be covered into the Treasury after the for property taken and appropriated by the United States authorities :~Oth of this month, and therefore it is necessary to pass the resolu- during the late war, submitted a report thereon, accompn,nied by a tion now, if at all. bill (S. No. 948) for the relief of Thomas M. Simmons. counties of Morris and Lyon, in the State of Kansas. A similar hill The bill was read ancl passed to the second reading, and the report was approved on the 8th of May, 1872, providing for the sale of these was ordered to be printed. lands at an appraised price and for their sale to settlers within a year Mr. CHRISTIANCY, from the Committee on Claims, to whom was Mr. SARGENT. I conld not hear the Senator from Vermont dis- referred the petition of A. M. Garoutte, late captain and assistant tinctly. Has he considered the question whether a resolution of the quarterma~ter United States Army, praying to be re-imbursed for the Senate can justify the Secretary of the Senate in paying from the amount of money refunded by him to certain parties for property contingent fund for an exceptional expense f It seems to me the taken and sold by him by order of the military authorities, sub- only way would be by an amendment to the sundry civil bill or some mitted a report thereon, accompanied by a bill (S. No. 949) for the other appropriation bill. If the Senator has considered and satisfied relief of A. M. Garoutte, late captain and assistant quartermaster himself on that point, I shall make no further objection. United States Army. Mr. MORRILL, of Vermont. I think there is no doubt that we can The bill was read and passed to the second reading, and the report pay it out of the contingent fund of the Senate. was ordered to be printed. Mr. SARGENT. There is some doubt about it. The Senator may Mr. WADLEIGH, from the Committee on Claims, to whom was re- have solved the doubt. If the Senator has not considered it, I think ferred the bill (H. R. No. 1668) to supply an omission in the enroll- he had better withdraw the resolution until he is satisfied. ment of the deficiency bill approved March 3, 1875, reported it with- :Mr. MORRILL, of Vermont. I have not paid particular attention on t n.mendment, and submitted a report thereon; which was ordered to the point recently. If the Senator is clear on the point, I will to be printed. refer the resolution to the Committee on Appropriations as an amend- PRINTING INVESTIGATION. ment to the sundry civil bill. Mr. MORTON. The Committee on Privileges and Elections, to The PRESIDENT pro tempore. It will be referred to the Commit- whom was referred the memorial of A. M. Clapp, Congressional tee on Appropriations. Printer, have had the sn,me under consideration, and submit a report CORRECTION OF NEWSPAPER REPORTS. accompanied by a resolution. I ask to have the report and resolu- tion printed, and I give notice that to-morrow morning I will ask for Mr. ANTHONY. I see in the reports of the city papers this morn- the adoption of the resolution. ing-! am not able to say whether the same mistake was made in the The resolution wn.s read, as follows: Associated Press-! am reported as saying that all the Presidents of the United States from Jackson down were upon the list of default- Resplved, That the Committee on Printing be instructed to investigate tbe official conduct of Hon. A.. M. Clapp as Congressional Printer, and for that purpose have ers. I suppose this mistake arose from my stating the percenta()"e of power to send for persons and papers, and to make report at the present session of losses to disbursements in each of the administrations, naming the head Congress. of the administration; and as I did not speak very loudly probably the .Mr. ANTHONY. "~ve power to make report." I do not under- reporters mistook me as stating the amount as charged against the stand that the committee is to be instructed to make report at this Presidents. I did not find in the exa-mination of that voluminous re- session. port the n~mes .of any of the Presi.dents, though I should hardly have Mr. MORTON. That is the language of the resolution. Whether been snrpr1sed 1f I had found Clmstopher Columbus or Julius Cresar. there is time enough I do not know. I did find one name that surprised me almost as much as either of .Mr. ANTHONY. It is not to be considered now. those would, and that was the name of our old friend General Apin- Mr. MORTON. I will en.ll it up to-morrow. ner. That incarnation of incorruptible, aggressive, vindictive intea- The PRESIDENT pro tempore. The report will be printed n,ndla.id rity, whom all the gold in the TreaBury could not buy, is put do;n over. there as a defaulter. PAPERS WITHDRAWN AND REFERRED. Several SENATORS. For how mnch f On motion of :Mr. STEVENSON, it was .Mr. ANTHONY. I have forgotten the amount, but something about Ordered, Tbat the petition and papers relating to the claim of the children of $20. Harriet de ill Pa1m Baker be ta"ken from the files of the Senate and referred to the MAIL CONTRACTORS IN TENNESSEE. Conunittee on Revolutionary Claims. Mr. KEY. I move to take up for consideration House bill No. 3495. GLENWOOD CEMETERY. The motion was agreed to ; and the hill (H. R. No. 3495) for there- Mr. SHERMAN. I present an amenament in the nature of a sub- lief of the mail contractors on route No. 19319, in Tennessee, was stitute for the bill (H. R. No. 3741) amending an act incorporating considered as in Committee of the Whole. It is an authority to the the proprietors of Glenwood Cemetery, and ask that it be printed, so Postmaster-General to put mail service on the ?ticMinnville and Man- that I can offer it when the matter comes up. chest.er Railron,d from Tullahoma to McMinnville, Tennessee, in the The amendment was ordered to be printed. same manner 'lS now provided by law for railroad mail transporta- tion; and provides that the earnings for that service shall not be REPORT OF COMMISSIO~'ER OF EDUCATION. withheld on account of any claim due or alleged to be due from the Mr. PATTERSON. I offer the following resolution, and ask that old corporation of the McMinnville and Manchester Railroad Com- it be referred to the Committee on Printing: pany to the Unit,e d States. Resolved by the &na.te, (the House of Representatives concurring.) That there shall Mr. SARGENT. Is that reported from a committeef be printed 30,000 copies of the report of the Commissioner of Education for thelear The PRESIDENT pro ternpm·e. From the Committee on Post-Offices 1875; 10,000 copies for the use of the Commissioner, 5,000 copies for the use o the and Post-Roads. The amendment reported by the committee will be Senaoo, and 15,000 copies for the use of the House of Representatives. rea-d. The PRESIDENT p1·o tempore. The resolution will be referred to The CHIEF CLERK. The amendment is to a-dd to the bill the fol- the Committee ou Printing. lowing: Mr. ANTHO~""Y. I think it is hardly necessary to refer that to the But the provisions of this act shall in no mse interfere with, impair, or destroy Committee on Printing; all the Committee on Printing could do or affeot any claim, lien, or right, le~al or equitable, the United States may have would be to give an estimate. against said McMinn ville and Mancnester Railroad or its property, or the property Mr. EDMUNDS. Does not the law require it to be referred f purchased·by the Memphis and Charleston Railroad Company; nor shall it in any wise affect, embarrass, or interfere with any suit the United "states may have com- Mr. ANTHONY. Yes; the law requires a reference. menced, or may hereafter commence, to enforce any contract, right, or lien they The resolution was referred to the Committee on Prlliting. bav~ against said raih·oad companies, or either of them, or their property, or that of e1ther. PAYMENTS OUT OF CONTINGENT FUND. Mr. MORRILL, of Vermont. I offer the following resolution: The amendment was agreed to. Resolved, That the Seoretary of tbe Senate be, and he hereby is, authorized to The bill was reported to the Senate as amended, and the amend- pay, out of the contingent funa of the Senate, the medical and· funeral expenses of ment was concurred in. Fruderick Peok, deceased, late page in the Senate, and medical and other expenses Mr. SARGENT. If I can understand this bill from the reading of incurred by L. B. Cutler an employe of the Senate, on account of the injuries re- it, the theory of it is that the successors in interest of these com- ceived by the recent expi-:.sion of gas in the Capitol: Provided, '!'hat all bills ren- panies are now doing or propose to do the service, and the desire is dered shall be approved by the Commit,t ee to Audit and Control the Contingent Expenses of the Senate before they are paid. that they shall do it unembarrassed by some arrangements of their predecessors. Is that the theory of the bill f I desire to say that the bill passed by the Senate in relation to the Mr. KEY. Yes, sir. two men,.one of whom was killed and the other badly injured by the The amendment waa ordered to be engrossed and the bill to be read explosion, has not pa ed the other House, and the bills for medical a third time. and surgical attendance are pending and there is no means to pay The bill was read tbe third time, and passed. them. The other portion of the resolution embraces a little page, who SALE OF KANS.AB INDIAN L.ANDS. was a.n orphan boy who died in the service. He went home one Mr. INGALLS. I move that the Senate proceed to the considera- morning bleeding at the lnngs and died immediately after, without tion of House bill No. 1797. any fund to be buried with or to pay for medical attendance. The The motion was agreed to; and the bill (H. R. No. 1797) providing whole cost of the proposition will be about $100. I think it is proper for the sale of the Kansas Indian lands in Kansas to actual settlers, that it should be passed by the Senate. It will come out of the con- and for the disposition of the proceeds of. the sale, was considered aa tingent fuud. The balance in the hands of the Secretary of the Sen- in Committee af the Whole. 1876. CONGRESSIONAL RECORD-SENATE. 4193 Mr. EDMUNDS. I should like to have that bill explained. It is in the same manner as the other lands to be so disposed of, and the proceeds thereof evidently a v'ery important bill. to be expended for their benefit in suchma.nneras the Secretary of the Interior may deem proper. Mr. INGALLS. This is a bill to provide for the appraisement and sale of the lands belonging to the Kansas tribe of Indians in the That, I am told, is the article under which this duty of disposing after the appraisement was approved. Owing to a variety of circum- of these lands arises; and if it be that, as I have no donbt it is, then stances that it is not necessary here to enumerate, the time expired, and of course this stipulation by treaty is clearly that these lands must that act became inoperative. The lands have since remained unsold, be sold for cash to the highest bidder upon sealed proposals. This :md there is no authority in the Secretary of the Interior for selling bill provides a different method of disposition. It provides that each these lands unless this act is passed. The Indians have long since bona fide settler on these lands shall be entitled to have them at the been removed to the Indian country, where they are now located appraised value. There has been one appraisal, and they did not upon a reservation. These lands are useless to them unless they are choose to take them at that value. It was supposed to be more than sold; they cannot be improved or occupied unless title can be ob- they could afford to pay; and one section of this bill provides that tained. the Secretary of the Interior may cause a re-appraisement if he thinks This measure has passed the House of Representatives; it receives it desirable, and then let them have them at the price of the re-ap- the sanction of the Secretary of the Interior, is approved by the Com- praisal, the re-appraisal to come out of the fund. That of course is missioner of Indian Affairs, and is a inatter of justice both to the In- not in conformity with the treaty, and it would give, to my mind, to dians and to the ettlers. It has been guarded strictly in every par- these Indians the right to come back to us and say, if a fair cash ticular, and the money is to be paid into the Trerumry, to be disposed price was not obtained," You have perverted this trust by, for the of by the Secretary of the Interior for the benefit of the Indians. benefit of your own settlers and pre-emptors, or whatever they are Mr. EDMUNDS. ·There is one clanse here -that strikes me at first called, giving them this land at the appraisal of three persons, selected sight as perhaps open to some question. It is at the top of page 2: not by us but by the Government, and you have not followed the And the re~ected claimants as bone~ fide settlers, who were recommended as such trust in having an open competition, to get the most money for us for by Andrew U. Williams, acting under instructions to Superin~ndent Hoa~. from these lands that you could/' That, it seems to me, is plain on the the Indian Office, dated October 24, 1872, be permitted to make payment of the ap. face of the treaty and on the face of this bill; and the question that praised value of their lands to the local land office at Topeka, Kansas, under such occurs to my mind is whether it is just in the first place to do that rules as the Commissioner of the General Land Office may adopt, &c. and, in the second place, whether it is safe for the United States to What is the ground upon which, inasmuch as thls act generally is do it without the assent of this tribe of Indians, lest they might re- for the benefit of each bona fide settler apparently, these rejected claim- turn to us and say, "You have been guilty of a breach of trust, and ants are to be brought in ; and how many of them are there t have disposed of these lands in a different manner from that provided Mr. INGALLS. There were but very few of those, and they were in the treaty; and you must now make good the difference to us." upon purely technical grounds. I am advised by the Department That will raise a difficulty and a dispute and a complaint. that it is a matter of justice and equity that these persons tJhould be It does not appear to me, with great respect to the Committ.ee on allowed to enter like other parties. There was some technical defect Indian Affairs, that that is quite the right thin~ to do. I think there in their filing. ought to be added t.o this bill, assuming it•to oe right intrinsically, Mr. EDMUNDS. May I ask- if we had the power to do this thing, !1 provision that no proceeding 1\ir. BOGY. I would inform the Senator from Vermont that the shall be taken under the bill until this tribe of Indians shall file its only object of this bill is to provide a way of disposing of the lands assent to the provisions of the act with the Secretary of the Interior. belonging to these Indians, for the benefit of the Indians, and to pro- Then, if the Indians are satisfied, as I understand from my friend tect also the actual settlers. The law authorizing the sale hereto- from Kansa-s that in fact they are, they will file this assent and there fore required that the actual settlers should give notice of their set- will be no claim made hereafter upon us for any breach of trust or tlement within a given time. Many of the people there not knowing wrong done to them in viola 'on of the treaty. I move to add a sec- the fact made settlements and did not give the mere technical notice, tion at the end of the bill i these words : and their claims were not recognized. .A.n investigation took place, No proceeding shall betaken under this act until the said Kansas tribe of IndiaJlS a-s is stated in the bill, by a person recommended by the Indian Bu- shall file their assent to its provisions with the Secretary of the Interior. reau by the name of Williams, acting under the instructions of the With that security to bring it into conformity with the treaty by superintendent, Mr. Hoag, and the whole settlement of these persons assent-that is, to have the Indians waive the departure from the appeared to have been correct, honest, and fair, and they are willing treaty-I do not see why the United States would not be safe. In re- to pay the amount. They do not get the lands for any less. They spect of the intrinsic propriety of this method I do not wish to say could renew their settlements now, but unless their settlements were anything, because I am not competent to judge; I do not know any- respected as of the time that they were made, other parties might thing about it. come in and third parties might claim new right. The object was to Mr. INGALLS. In response to what the Senator from Vermont respect them in their rights from the time they took possession. No- has said, I will not detain the Senate further than to remark that the body is injured by it. The Indian is not injmed; the Government is assent of the Indians was specifically obtained after the passage of not affected by it, and it is only a mode adopted to protect the set- the act of May 8, 1872. They bad previously made an ~greement by tlers who first went upon these lands. They do not get their lands which they were to abandon this reservation and proceed to the In- for a less amount. The only object of the clause referred to is to rec- dian Territory, there to live upon a reservation set apart for them in ognize their settlement from the time it was made. The whole ob- the northern portion of the Indian country. It appears to me, there- ject of this bill, which was examined in the Committee on Indian fore, that their assent having been already formally obtained to their Affairs, is a mode provided for the disposition of this Indian reserva- removal from this reservation, and they having in the most formal tion, and the money is to go for the benefit of the Indians. I see method expressed their desire that their lands should be sold, it would nothing wrong in the bill. I think it is pretty well guarded. be unnecessary to burden the bj.ll with a provision t.hat their assent Mr. BDMUNDS. Mr. President, I have merely risen on this bill for shall be obtained again. the purpose of getting information. We all know that the Indian Mr. EDMUNDS. I should like to have the Senator have that as- tribes, or people who }lrofess to represent them, often come to us with sent read-the old one. complaints as to the manner in which t heir lands have been disposed Mr. INGALLS. It is in the Interior Department, and of course I of, and making demands upon Congress for restitution orre-imburse- cannot obtain that now; but the fourth section of the law of 1872 ment or damages or consideration of some kind, saying that we have commences as follows : departed from their treaty-rights, and so on and so on. We all re- That if said Kansas tribe of Indians shall signify to the President of the Unit-ed member a great many cases of that kind, some of which appear to be States their desire to sell their d.i.Qrinished reserve- just, and some not, and a great many are not acted on. What I want Which is the tract referred to in this bill- to get at about this bill is to see that it is in such a condition that we shall not have any claim made against us on the part of these In- as indicated in said treaty, including lands held in severalty and in common. and to remove from the State of Kansa-s anf technicality the Senator himself refutes a little Lately Germany, now also a leading commercial nation, prepared further on by saying that "this election has determined the market to do just what England did in 1816, namely, change an unqualified value or price of our bonds at home and abroad." If thlli be true, double standard for a qualified one (Englancl had an unqualified this determination could only have been of interest to our Govern- double standard from 1783 to 1798) and the qualified double standard ment at the time of the sale of the bonds, for after a thing is sold the to a single gold standard. · seller can have no further interest in it, unless it be to buy it back The consequences in this case have been similat to those which oc- cheaply. If the option determined the price at that time, it must curred in the case of England. The elimination of some two hundred have been something more than a mere technicality. and fifty or three hnndredmillionsof dollars of silverfromthe currency It is doubtful to me whether anything but the consideration that of Germany and the substitution therefor of an equal sum of gold- an annual interest equal to about 12 per cent. on the then market most of which she had to go into the markets and purchase-has value of the bonds was promjsed to be paid in coin out of the customs caused such a temporary rise in the relative value of gold and silver revenues bad any weight with the foreign money-lender; but this is that instead of fifteen and one-half it now requires over eighteen of little consequence at the present time. pounds of silver to purchase one of gold. The Senator regards this option as a. mere technicality; and yet, If all the rest of the commercial nations had been on a specie basis according to his own figures, it is now worth to us $300,000,000 in when Germany resolved, unwisely as I think, on this change, her sur- solid cash. He regards it as a mere technicality, and yet argues that plus silver would have been readily absorbed, without making scarcely we shall fail to acquire the good opinion of the world unless we give any change in the relation between the metals. But this was not the it up for nothing. case. Specie payments were, and are now, suspendec.l in the coun- An opinion which is ready to lenc.l itself for a valuable considera- tries representing the larger portion of the population of Europe as tion can hardly be deemed a,n honest one, and when the price demanded well as in the United Btates. Consequently there was not and is not is so extravagant as it is in this case, it may be well worth a careful now but a limited demand for silver in the Occidental world, and the consideration whether, as a nation, we might not be able to survive sluggishness of commercial movements iu the Orient prevents the without it. ready absorption of a large amount of their money metal suddenly But, as I said on a previous occasion, I do not propose in the dis- thrown upon them. .And it is worthy of special notice and remark, cussion of the bill under consi<.lerationtoconsiderthequestion whether concerning the passage of the la.w of 1834, changing the relation of the public debt is payable in silver dollars or not. silver to gold from 15 for 1 to about 16 for 1 that, at the former rela- It is a trivial question compared with the one whether our State, mu- tion~ gold stood at about 6t per cent. premium over silver. Both were nicipal, corporative, and private indebtedness, which was contracted a. legal t~nder for·all amounts, the same as currency and gold are to- in depreciated paper money, shall be forced to be paid in gold dollars, day. Silver was then the currency of the country, because it was the which even now, when gold has not been incren.sed in value by the cheaper money, and, as a consequence, drove gold from the circula- demands for it for purposes of resumption, is fully 15 per cent. more tion; just as our present currency, which is 13 per cent. less valuable valuable than the paper units in which these debts were contracted t'han gold, has driven gold out of the circulation. 1876. CONGRESSIONAL RECORD-SENATE. 4197 In 1 34 it was deemed desirable by leading financiers of the coun- silver dollar to legal tender and free coinage, would involve the pur- try to bring gold in as an element of the currency with silver, just chase by the Government of from one hundred millions to two hun- as it is now proposed to bring gold in by equalizing the paper legn:l- dred millions of dollars of silver wherewith t.o resume specie payments. tender and gold dollars. But a very different and more equitable This purcha-se would, as I believe-and in this I am backed by all plan was adopted to effect that object then than is proposed for the experience-hnve the e.ffect of restoring t.he market relation of 16 for 1, same end now. Mr. Campbell White, the chairman of the committee and thus the market and the legal relation would become the same. on coins; Mr. Albert Gallatin, one of t.he most distinguished finan- The one hundred or two hundred millions thus purchased would take ciers of this or any other country, and a former Senator of the United all or nearly all the silver that Germany ha-s left, and would fully States; and Mr. Ingham, the Secretary of the Treasury, in discussing countemct the effect upon the market ratio which her attempted the question, agreed, as did also the Congress of the United States, change of standard hns thus far been chiefly instrumental in produc- that, as all time contracts and obligations were based on the cheaper ing. silver unit, it would be an outrage and an injust.ice not to be thought Thus we should start substantially as the Senator from Ca1ifornia of nor tolerated, to change the relation of silver to gold by increasing contends we ought to, at such n. legal relation between silver and gold the value of the silver dollar. Aside from the weighty material in- as corresponded, or as would soon correspond, with the market rela- terests involved in the changing of the very essence of aU existing con- tion; and therefore it will not be necessary, even from his point of tracts it was contended that such a course would severely shock the view, to change the relation from the old one of 16 for 1 to an. ·other. keen moral sensibilities of the nation; it would be a, lesson in fraud As for any apprehension that the product of the silver mines of this and dishonesty which it could not afford to inculcate, and that we country would tend to keep the relation at above 1{).! or 16, this is a should not permit the creditor by a trick of legislation to exact, from mere chimera. I showed on a previous occasion that concurrently the debtor 6t per cent. more than his just due. A sensible and honest with the increa.'led product of the Comstock lode there has been a coursf' was resolved upon 'l.nd pursued; ~sufficient number of grains diminished product of less prolific mines, and now I unhesitatingly of pure gold was taken from the gold unit to equa.lize its value with q.jfum that in all the United States there are not ten silver mines that the silver unit, which was that upon which business and contracts are paying expenses, and that in no district outside of the Comstock, rested. · which is now being worked at a depth of nineteen hundred feet, is A similar equitable course is what should be pursued now. Con- there any profit in silver mining. tmcts and obligations are now based upon tho paper dollar just na For this reason the world's total annun.l product of silver is actually tlH'Y were then based upon the silver dollar. To raise the paper to a trifle less now than it was three years a-go IUld but twice as great as the gold dollar of to-day would work do11ble the injustice that could it wM a century ago. Tho total silver product of the world is now have been worked by raising the silver to the gold dollar in 1834; but seventy-two millions. It was seventy-six millions in 1H73, and for the difference is now 13 per cent., wherea-s then it was but st. The over thirty-five millions in 1790. fraud would be double, the trick of legislation twice as atrocious. While silver has been produced in tolerably close correspondence - Now, as then, the sensible and honest course would be to reduce the with the world's population and with food and the other principal gold dollar rather than mise the paper one; for the pa.p er dollar and articles of subsistence, the production of gold ba-s flnctuated enor- not the gold one is the dollar upon which all our business affn,irs, mously. Silver and other commodities have preserved an even rela- mortgages, and other contracts are based. tion, a-nd a given quantity of one will exchange for about t.he same But there are always well-founded objections to the reduction of quantity of the other as it wcmld do twenty-five years ago, while coins. Exceptional contracts a,re sometimes in existence based upon gold is becoming dearer in relation to other commodities from day to the especial coin to be changed; and the uRe of two kinds of coin of day. one metal and both with the same name might le.. State :tt the time of the passage of this act, :tnd it wa-s desirable to re- financial troubles of that period. Gold is too valuable a, metal to b(> tain them in circulation for some time after, (they were in fact so re- coined int.o pieces smaller than half or quarter eagles, therefore the tained until1853,) it was necessary to weight the American silver dollar adoption of a ratio at which silver wa,s undervalued was tantamount exactly even with the Spanish dollars in circulation. Had the Ameri- to a premium on the issue of small and fractional b:tnk-notes. Such can silver dollar been made of full weight with newly-coined Span- was the importance of obtaining small monetary units that people no ish silver dollars, to wit, 374! grains pure, they would have been longer looked carefully to the resources of the individuals and banks melted up and Spanish dollars, slightly abraded, would have usurped which furnished them, and the wild-cat system :flourished through- tlteir place. Ha~ they been made of less weight than the circulating out the land. In England the emission of small notes is put down Spanish dollar the latter would have been driven out of the country, with a strong hand, but there never was, and probably will never a catastrophe which at that time we could not afford to sustain. They be, a hand strong enough to put it. down in this country. Hence in were therefore made to conform to the a~tu:tl dollar in circulation, 1834 commenced that va-st issue of notes by private banks, atld the tlte dollar in which all contracts had been made. It was the dollar of united power of these institutions soon bec:t.me so great that they at- Charles V; it was the dollar of the Conquest; it was the dollar tempted to monopolize the entire circulation of the country, and with of the early colonial establishments; it was the dollar of the Rev- that view conspired to overthrow the National Bank, n.nd succeeded. olution; it was the dollar of t.he Confederation; it became the dollar Upon the removal of this last restraint upon the recklessness of their of the Union, and it is the dollar of to-day's Centennial, except th:tt operations their emissions were rapidly increased, until from ninety by the act of 1873 no new coins of this denomination can be m:tnu- millions in 1834 they rose to one hundred and forty-nine millions in factnred :.>,t the mint and that, through an outrageous blunder of the 1837. The country was :flooded with irredeamable ptl>perand involved revisers of the statutes in 1874, it cannot be legally tendered for more in the wildest speculations. Its stock of silver having been banished than $5. It is these two pernicious restrictions upon the use of the throu~h underva-luation, and the meager stock of gold which had silver dollar that we are attempting to remove; and yet this is the come m to take its place being insufficient to keep intact the banks dollar which the Senator stigmatizes as ''degraded," and this the at- of th:tt mighty channel through whieh the circulation swept, the tempt which he characterizes as ''revolutionary." It is difficult to streamoverflowedandsubmerged the country in universal bankruptcy. imagine a more violent misapplication of terms. The effects of the tremendous convulsion of 18371as~d until the What is there about 371t grains of pure silver which is" degraded'" fortunn.te discovery of gold in California relieved the dearth of metal, What is there degraded or degrading in the employment of this quan- and are not entirely effaced even at this distant day. Th:tt in no tity of metal to disch:trge a debt of one dollar, or a million times this small degree this convulsion ha{} its origin in that mistaken legisla- quantity to discharge a debt of a million dollars if it equitably and fairly tion which undervalued and banished silver from the country, there measures the debt due f What is there revolutionary in restoring to can be no doubt whatever. our laws provisions of which they were deprived by indirection and And yet if . we pass the bill before us without ltD amendment re- witbout public discussion Y Is it believed that, were these provis- storing the silver dollar as an unlimit6d legal tender at 15t or 16 ions of law restored, a man who owed, for example, a thousand dollars to 1 and with free coinage at cost of manuf~tcture, our legislation in greenhacks would get the better of his creditor by offering to pay will be as mistaken as, nay, far more mistaken than, that of 1834. him with a thousand silver dolla,rs or a Government certificate of de- We shall commit a similar error if we pass the amendment pro- posit for that amount f Is it supposed that any creditor would object posed by my friend from Vermont, namely, one requiring the silver to being paid in silver dollars instead of currency dollars a debt con- dollar to consist of 467.8 grains of standard or 421 grains of pure tracted on the currency basis f Of course he would not ; for the one silver. This would be at the rate of more than lH of silver for 1 of is to-day the equivalent of the other. The Senator urges a country gold. A silver dollar so heavy and valuable as this would not circu- now groaning under a heavy burden of debt (aside from the national late even now, and the Senator from Vermont well knows it. It debt) which is counted in dollars, to choose the scarcest and most would go into the melting-pot. Much less will it circubte when, as costly dollar, a dollar which would give the creditor 15 per cent. more an experience of nearly three hundred years fully assures us, gold than his just due and punish the debtor in the same proportion, in- shall have subsided to its normal market reln.tion to silver. stead of the cheaper silver dollar, which would to-day accurately The object of the Senator's proposed amendment is, therefore, to measure and serve as the equivalent of ea~h dollar of indebtedness in force the resumption of specie payment in gold dollars and to defeat this land. What have the debtors of this country been guilty of, that the effort now being made to resume in silver. all the inconveiliences and burdens of a return to specie payments I trust that the Senate will vote down the amendment, or any other shouleing 10 or 12 per ceut. below gold tho laborer would suffer-uy bemg p::ld m 1876. CONGRESSIONAL RECORD-SENATE. ·. 4201 silver-to that extent. If be still owed a mortgage on his honseorfarm it would have tiable paper, in order that exchanges may be made and such prices to be paid in gold, but his 20 of waaes would be paid in silver. * * * The maintained a..s will permit an equitable settlement between debtor evils of inflation would remain in full force and to the same extent. * * * By starting a legal tender of silver dollars at 10 or 12 per cent. below the standard of and creditor. gold, gold must either be debased or be hu tied out of the country. The survival The Senator avers that Hamilton made a mistake of fact in putting not or the fittest but of the poorest only is possible under the laws of trade. but 371! grains of pure silver in the doUar instea-d of 37it grains. If Silver may answer for the currency of countries having little home trade and the Senator will consult our official documents upon this subject he less foreign commerce, but will not answer for the large trade of enterprising peo- ples, nor of nations competing for high positions in all the markets of the world. will find that Hamilton made no mistake at all. His vory proper ob- Silver is insufficient and inappropriate for the American people or for the United ject, as he himself expressed it, was to coin a dollar of the same weight States. of pure silver as the Spanish dollar then circulating in this country, These extracts are all from the Senator's speech. They can be because it was in this dollar that all our contra-cts had been made. answered in a few words. If European nations are shaking off their To ascertain this weight he caused a number of Spanish dollars, then heavy load of silver, they are also shaking off prosperity with it, current, to be assayed, and found them to contain on the average aud will eventually have to buy it back, but can never do so at the about 371! grains pure. It was for this reason that he recommended price they are selling it for. In fact, t.here is not nearly enough sil- the American dollar to be coined of this weight. Had he put any ver in Europe to redeem the inconvertible paper afloat. Nor is India more silver into it he would have committed precisely the same error gorged with it, for labor commands there but a few pence per day. which the distinguished Senator from Vermont now advises. The A small rise in general prices in that country, which is inevitable, country was in debt then a..s it is now. Hamilton desired that this will absorb all the surplus silver. As soon as this is accomplished debt should be paid to the fuJI and honorably. To accomplish this India bills will again comma.nd a premium in gold in Loudon. purpose be did not deem it necessvry to pay it iu dollars containing The laboring-rna n instead of losing will profit by a resumption in each of them any more silver than could bepurchased by the current silver, in that be would receive a stable value-money instead of dollar of the day. He thought it sn.ffi.cient if the new dollar con- credit-money for his services. The value of his labor and the silver tained exactly as much metal as the current dollar could purchase; dolla-r would readily adjust themselves to each other. He could pay and this wati the course pursued. And mark the result. Instead of the mortgage on his house in silver dollars, which would accurately earning for the country the violent reproaches of dishonor, repudia- and equitably measure the value of the dollar the mortgage called tion, violatjou of contracts, &c., which the Senator would heap upon for; but in case of resumption in gold everything else but the mort- a similar measure at the present time, it strengthened its credit and gage on his house would shrink in value and it would become too gave it a high place among borrowing nations. heavy for him to raise, and the mortgage would be canceled by a The Sen:ttor next alludes to the fact that the American gold eagle, ~:~beriff's deed. which was established in 1792 at 270 grains standard, was reduced in With a double stanldthwaite, Hamilton, Ham- Mr. WILSON, of Iowa. 0, if the gentleman from Pennsylvania lin, Howe, Logan, Maxey, Mitchell, Morrill of Vermont, 0[!lesby, and Sherman-14. resorts to the previous question, of course he has a majority there, .ABSENT-Messrs. Alcorn, .Allison, Anthony, Barnum, Bayard, Boutwell, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsill, Conkling, Cooper, and can gag this side. Davis, Dawes. Dennis, Dorsey, Edmunds, Frelinghuysen, Gordon, lL'\rvey, .John· Mr. RANDALL. I do not desire to gag or do anything that is un- ston, .Jones of Florida, Kelly, Kernan, McDonald, Mo.Millan, Merrimon, Morrill of fair to the other side; and the gentleman must not say that. I am Maine, Morton, Randolph, Ransom, Robertson, Sargent, Saulsbury, Sharon, Steven- for expedition now. son, Thurman, Wadleigh, Wallace, West, and Wright-41. Mr. WILSON, of Iowa. I would be glad to see some expedition Mr. MORRILL, of Vermont. .A.s there is not n. quorum I move that now. · the Senate adjourn. Mr. HALE. I suppose·that the desire of the gentleman from Penn- The motion wa-s agreed to; and (at five o'clock :tnd two minutes p . sylvania is that the bill and Senate amendments be sent to a commit- • m.) the Senate adjourned. tee of conference as speedily as· possible in order that the points of difference may be sifted there and t.h e scrutiny of the House brought upon them when that committee reports. Mr. RANDALL. Of course. Mr. HALE. It seems to me tha.t this proposition is rather in the HOUSE OF REPRESENTATIVES. interest of speed. Mr. WILSON, of Iowa. The gentleman from Maine must see that WEDNESDAY, June 28, 1876. when the committee of conference reports we must adopt its report as a whole or not at all. Now, if these amendments of the Senate The House met at twelve o'clock m. Prayer by the Chaplain, Rev. were considered by the House in Committee-of the Whole we might I. L. TOWNSEND. adopt some of them. The Journal of yesterda.y was read and approved. Mr. RANDALL. When the report of the committee of conference ORDER OF BUSINESS. is made gentlemen have the privilege of discussing it, and if they Mr. LORD. I call for the regular order. do not like it they can vote it down. Mr. McCRARY. I ask the gentleman from New York [Mr. LoRD] Mr. WILSON, of Iowa. We cannot amend it. to allow me to make a report from the Committee on the Judiciary. Mr. RANDALL. But it can be voted down and a new committee The SPEAKER pro tempore. The gentleman from New York calls of conference can be appointed who will conform to the wishes of the for the regular order, whlch is the consideration of the unfinished House. • business pending at the adjournment yesterday, being the bill rela- Mr. WILSON, of Iowa. The only way in which a conference com- tive to the distribution of the Geneva award, on which the gentleman mittee can be instructed is by the House considering now in Commit- from Pennsylvania [Mr. JENKS] is entitled to the floor. tee of the Whole the various amendments and voting upon them separately, as in the last Congress. Tho committee of conference ARMY APPROPRIATION BILL. should have some indica.tion in regard to the points about which the Mr. ATKINS. I rise to a privileged question. The Committee on House is strenuous. Appropriations having had under consideration the amendments of Mr. RANDALL. When we are endeavoring to expedite the pas- the Senate to the bill (H. R. No. 3717) making appropriations for the sa~e of the appropriation bills, it seems strange that a proposition for support of the Army for the fiscal year ep.ding June 30, 1877, and ina.e:finite delay should come from tha.t side of the House. for other purposes, have instructed me to report back the same and Mr. WILSON, of Iowa.. How long~ it take to consider the to move that the House non-concur in the amendments and ask for a amendments separately f committee of conference, upon which motion I call the previous ques- Mr. RAi'IDALL. A great while. tion. Mr. ATKINS. It will take a day or two. I desire to. state to my frien~ from Michigan [Mr. CoNGER] that he Mr. HALE. I would submit as a practical suggestion to the gen- was utter1y mistaken in his apprehension that a motion was not tleman from Iowa [Mr. WILSON] that the same majority that put made by me yesterday to reconsider the reference to the Committee through the bill as it passed the House would on separate votes vote on Appropriations and to lay that motion on the table. That was against the Senate amendments increasing the appropriations; so done. that we would only be traveling the same road that the House has Mr. CONGER. I was informed tha~ such was the fact, although it already passed over. It would only take up additional time, with was not announced to the Honse. I ask that the amendments be a result the same as the House has already reached. I do not un- read. derstand that the amendments of the Senate are of much siguificanco The SPEAKER pro tempO're. The gentleman has a right to callfor except in the increase of appropriations; and it may be assumed that the reading of the amendments. If he insists on that call, the Clerk the majority of the House would adhere to its action in passing tho will read them. bill originally. Therefore I apprehend there is not much to be gaiued Mr. SPRINGER. The gentlema,n has the right to have them read by the delay of reading the amendments and passing upon them sep- before they are voted on, but not before the previous question has arately. been ordered. That must be first put, after which of course there The SPEAKER pro tempore. The Chair is prep:11~d to rule on the can be no discussion; but the amendments may then be read in the point of order. · order in which they are to be voted upon. Mr. WILSO:-f, of Iowa. Let me say just one word more. .A. major- Mr. WILSON, of Iowa. I rise to a point of order. I submit that ity carries these t.hings through; but I hate publicly to acknowledge the amendments of the Senate to an appprop1iation bill should first that in the Congress of the United Sta.tes a party controls the appro- be considered in Committee of the Whole. Let me state my point. priation bills and that a minority large as this is has no influence in It has been strenuously ur~ed that the Senate has no right whatever, perfecting those bills. I hate to acknowledge that publicly. and should no~ exercise tne power, to amend an appropriation bill. The SPEAKER p1'o tmnpo1·e. The Chair will follow the line of Now it is a fundamental principle governing this House that every- precedents adopted this session, and will put the question on the thing in the shape of a tax on the people should be first considered demand of the gentleman from ·rennessee for the p:revious question. in Committee of the Whole. The Senate under the Constitution Is it seconded Y have the right to make amendments; ~nd they have in~eaaed the The previous question was seconded and the main question or- 1876.· CONGRESSIONAL RECORD-HOUSE. 4211 dered ; and under the operation thereof the amendments of the Sen- Mr. PAYNE. I had not proposed to discuss the matter. ate were non -concurred in, and the House agreed to ask for another Mr. LANDERS, of Indiana. I withdraw my motion to reconsider. committee of conference. Mr, RANDALL. This joint resolution ought to be explained by M..r. ATKINS moved to reconsider the vote just taken; and also the gentleman who has charge of it; the House is entitled to some moved that the motion to recoll.8ider be laid on the table. explanation upon so important a question as this. The latter motion was agreed to. Mr. PAYNE. I will explain the joint resolution an(l. amendments The SPEAKER pro tempm'e. The Chair appoints as the managers if gentlemen desire it. of the conference on the part of the House Mr. ATKINS of Tennessee, Mr. RANDALL. Other gentlemen may desire to be heard. Mr. Rru~ALL of Pennsylvania, and Mr. HuRLBUT of Illinois. Mr. LANDERS, of Indiana. Will the gentleman from Ohio yield · to me for a question 7 NEW ORLEANS INVESTIGATING COMMI'ITEE. Mr. PAYNE. I cannot yield now. I am under obligations to the Mr. SINGLETON. I rise to a privileged question. I report back ~entleman from New York [Mr. LoRD] not to take up more time than from the Committee on Printing, wjth tlie recommendation that it 1s absolutely necessary in the consideration of this subject. be adopted, the resolution referred to that committee for printing Mr. CONGER. Does the gentleman call for a separate vote on the the testimony before the investigating committee at New Orleans. amendments of the Senate f The SPEAKER pro tempore. The report made by the gentleman Mr. PAYNE. I propose to withdraw my call for a separate vote. from Mississippi is privileged. The Clerk will read the resolution. Mr. CONGER. Then I renew it. The Clerk read as follows: Mr. PAYNE. When this joint resolution was originally drawn up Raolved, That the select committee appointed to investigate the conduct of Fed· there was a. propriety in inserting the word'' now," for at that time eral officers at New Orleans be, and they are hereby, authorized to J;lrint the t~ti­ there was more than $10,000,000 of subsidiary silver coin in the Trea,s- mony taken by said committee touching all matters under investigation before said committee. ury, and it was supp~sed that the issue of $10,000,000 would be fully met by the surplus coin then in the Treasury. When the joint reso· The resolution was adopted. lution reached the Senate the amount in the Treasury had been re- Mr. SINGLETON moved to reconsider the vote by which the resolu- duced below $10,000,000; hence the propriety of striking o'.l.t the word tion was adopted; and also moved that the motion to reconsider be "now." That is all there is in the first amendment. Theseccnd amend- laid on the table. ment has relation to the trade-dollar. I suppose it is generally under- The latter motion was agreed to. stood by the House that the trade-dollar is local in its importance. SILVER COIN. It is made a legal tender all through the co1mtry to the amount of . $5. The trade-dollar, although containing more silver than two half M.r. PAYNE. I am instructed by the Committee on Banking and dollars of the subsidiary silver coi~tage, is worth less in the market Currency to report back the joint resolution (H. R. No. 109) for the than two half dol1ars. The complaint comes from the Pacific coast, issue of silver coin, with Senate amendments, and to recommend con- and they ask that the legal-tender property of the trade-dollar shall cmTence in the amendments; and upon that I move the previous be taken from that coin. question. I ask the Clerk to read a comm1mication from the Director-General The SPEAKER pro tempo-re. ·The Clerk will report the Senate of the Mint to the chairman of the Committee of Finance of the Sen- amendments. ate, which led to the adoption of this additional section by the Senate. The plerk read as follows : The Clerk read as follows: Amend the bill in line 4 by striking out the word "now" after the word "coin;" TREASURY DEPARTMENT, so that it will read: "the silver coin in the Treasury." Washington, D. 0., June 21, 1876. Add the following section : Hon. JoHN SHERMAN, SEC. 2. That the trade-dolln.r shall not hereafter be a legal tender, and the Secre- Unitea Statu Sena,w. tary of the Treasury is hereby authorized to limit from time to time the coinage I recommend that the last section of tho twent:v-million silver Honse bill, which thereof to such an amount as he may doom sufficient to meet the export demand for the same. provides for the repeal of the legal tender of tra.iie of dollars and places tho issue of that ooin under the control of the Secretary of the Treasury, be made an amend- The previous question was seconded and the main question ordered; ment to the ten-million silver-coin House bi.lL to be considered in the Senate t{)-uay. which was on concurring in the Senate amendments. It is important that the status of the. trade-dollar should be altered as proposed be- fore July 1, otherwise we shall be embarrassed in getting out the necessary amount Mr. PAYNE. I ask for separate votes on the amendments. of subsidiary coin. Mr. FORT. I ask that the joint resolution be read in full, as pro- H. R. LINDERM.A.N. posed to be amended by the Senate. .Director of the Mint. The Clm·k read as follows: Mr. PAYNE. I wish merely to add that this additional section, in That the Secretary of the Treasury, under such li.mitSJ and regulations as will the precise words employed here, has already passed this House as best secure a just and fair distribution of the same through the country, may issue the third section of what is known as the Randall bill, the first two the silver coin in the Treasury t{) an amount not exceeding $lli,OOO,OOO, in exchange sections of that bill providing for an increase of the subsidi~ry silver for an equal amount of legal-tender notes; and the notes so received in exchange shall be kept as a s:pecial fund, separate and apart from all other money in the coinage to the amount of $20,000,000. This section, word for word, is Treasury, and be re-ISsued only upon the retirement and destruction of a like sum the third section of that bill, and has already been adopted by the of fractional currency received at the Trea.snry in payment of dues to the United House. I think there can be no further explanation needed, and States; and said fractional currency, when so substituted, shall be destroyed and therefore I ask a vote on the Senate amendment. held as part of the sinking fund, as provided in the act approved Aprill7, 1876. SEc. 2. That the trade-dollar sha.ll not hereafter be a le~al tender, and the Secre- Mr. RANDALL. I would like a little time on this bill. tary of the TreASury is hereby authorized to limit from time to time the ooinage Mr. PAYNE. If I was not ~espassing already upon the courtesy thereof to such an amount a.s he may deem sufficient to meet the export demand of the gentleman who gave way to me, I would be glad to yield. for the same. 1\Ir. RANDALL. .A.s the gentleman obtained the floor by courtesy, Mr. LANDERS, of Indiana. I move to reconsider the vote by I hope he will exercise courtesy toward others. which the previous question was ordered on this joint resolution. 1\Ir. PAYNE. How long does the gentleman desire t Mr. KASSON. If the Chair will recognize me for the purpose, I Mr. RANDALL. Not many minutes. will move to lay the motion to reconsider on the table. Mr. PAYNE. I will yield to the gentleman, without giving up my Mr. RANDALL. I think we ought to have an hour's discussion on right to the floor. this joint resolution, if members desire to be heard upon it. Notwith- Mr. RANDALL. I regret th:1t the Committee on Banking and standing the previous question ha-s been ordered, the gentleman from Currency have not seen fit to incorporate into this bill the three sec- Ohio [Mr. PAYNE] reporting it is entitled to an hour. tioll.8 of the bill originally introduced by me and passed by the House. The SPEAKER pro tempore. There can be no debate on the motion They have taken the third section; and that is well enough in its to reconsider the vote by which the previous q nestion was ordered. way. In fact this bill, so far as it goes, is in my judgment all right; The previous question itself is undebatable, and a motion to recon- but the committee ought to have taken action as to the whole subject sider a vote upon an unuebatable question is not debatable. Aft,er of subsidiary silver coin 1 so that we shall be enabled when we leave that question shall have been disposed of, the gentleman from Ohio here at the close of this session to feel an assurance that those who [Mr. PAYNE) will be entitled to an hour for debate upon the original administer the mint laws will be able under our legislation to pro- joint resolutwn, if he claims it . . vide the people with sufficient subsidiary coin to answer the purposes Mr. LANDERS, of Indiana. My object is merely to offer an amend- of business, without increasing the permanent debt by the purchase ment. of more silver. Mr. THORNBURGH. I raise the point of order that the first ques- If this bill is passed and no other measure on the subject be adopted, tion must be upon the motion to reconsider the action of the House the Government will have to supply the subsidiary coin by the pur- sustaining the call for the previous question, and that there can be chase of silver under the original resumption act, which authorized no debate pending that motion. the increase of the public debt for that purpose; or else we must The SPEAKER pro ternpm'e. By unanimous consent the motion to have legislation such as is embraced in the first two sections of the reconsider may be considered pending while the debate·goes on. bill tow hich I have alluded, so that the Government may with money Mr. KASSON. If the Speaker entert-ains at this stage a motion to in the Treasury purchase bullion and issue it as resulting coin to the reconsider the previous question, then I ask the gentleman from Ohio people. [.Mr. PAYNE] to move to lay that motion on the tablet Now, there ought to be in this country as much as $50,000,000 of sub- Mr. RANDALL. If the gentleman from Ohio [Mr. PAYNE] moves sidia,ry coin to take the place of the fractional currency. Unless the to lay the motion to reconsider on the table and that motion is car- gentleman from Ohio and his committee-the Committee on Banking ried, will he allow any discussion during the hour to which he is en- and Currency-will adopt some m~asnre to insure an adequate sup- titled, having reported this joint resolution. ply, we shall encounter great difficulty. This bill provides tem- 4212 CONGRESSIONAL RECORD-HOUSE. JUNE 28, porary relief, so that silver may be gotten into circulation, and as The SPEAKER pro tempore. That was withdrawn. The question I said before, so far as it goes it is well. But the Committee on Bank- is on concurring in the Senate amendments. ing and Currency, before we leave here, must do something whereby Mr. RANDALL. Is not a motion to reconsider the vote by which the public from this time forward will have fumished to them grad- the main question was ordered in order f ually a sufficient amount of silver coin for all business purposes in Mr. KASSON. Not while the gentlemen from Ohio is on the floor. substitution of the fractional currency, which is now being rapidly Mr. RANDALL. We must have that motion some time. worn out. Mr. PAYNE. We will take it in time. · Mr. WIKE. I would remind the gentleman that this House has Mr. KASSON. The gentleman from Missouri wishes to aak me a already passed such a bill, and it is now under consideration in the question. Senate. Mr. BUCKNER. The Committee on Banking and Currency has Mr. RANDALL. I know it; but the Senate halts there, and I will accepted one amendment to what is known as the Randall currency tell you why, for we may a~ well look this thing right in the face. bill. That is the third section. I ask why they do not insist, inas- This bill is a meMure somewhat in the interest of contraction; at much aa the House passed two other sections, they also shall be added. least that is the comfort drawn from it by the "hard-money" men. Mr. KASSON. There are two reasons, both of which are good : one The other-the bill which I introduced-was regarded as looking in is that it delays the relief which is most pressing, and to which the the other direction. Now, for one I desire that the question of re- Senate does agree ; the other is that it is useless (and I think gentle- sumption of specie payments shall not be connected at all with t.heques- men must admit it) for us to force a twenty-million bill, to which the ion of substitution of silver subsidiary coin for fractional currency; Senate may not agree, upon this bill, to which they do agree; and and, with due respect, I think the Senate ought to allo \V us to settle the consequently we run the risk of getting nothing unless we get this. question of such substitution without reference to any effort on their Mr. BUCKNER. I think the House ought to insist on its own bill. part to force greenbacks out of circulation. If the Committee on Mr. KASSON. I yield the floor to the gentleman from Ohio, not Banking and Currency ha.d incorporared in this bill the two sections wishing t() detain the House longer. to whjch I have referred: we should have kept the subjects distinct. Mr. PAYNE. I do not propose to yield further. We should have supplied an a.dequate amount of subsidiary coin for Mr. RANDALL. Whenever you get through I will enter a motion all the purposes of trade, for retail business of every description; to reconsider. and we should have reserved the resumption question as a distinct The SPEAKER pro tempm·e. The gentleman from Pennsylvania matter. That question ought not to be mixed at a.ll with this legis- cannot enter a motion to reconsider while the gentleman from Ohio lation; it is not the same character of question. is holding the floor. I hope, therefore, that the gentleman's committee will adopt some Mr. RANDALL. The motion to reconsider is a privileged motion. measure to meet the exigencies of the case, so that we shall not go Mr. PAYNE. I wish to say in further reply to the gentleman from away from here until this question-of supplying the adequate amount Missouri-- of subsidiary coin shall have been settled. This section has to me Mr. CONGER. I withdraw my demand for a separate vote. the appearance of yielding on the part of the House-and yielding en- Mr. KASSON. The question is on concurrence in the Senate amend- tirely and exclusively to the caprice or the judgment perlL'tps of the ments. Senate-upon that question of an increase of subsidiary coin. The Mr. BURCHARD, of Illinois. I ask for a separate vote. Senate, so far as I C:l.n drn.w conclusions from the speeches of mem- Mr. RANDALL. Whenever the gentleman from Ohio yields the bers of that body, is not disposed to give any additional subsidiary floor, I have the right to move to reconsider the vote by which the coin unless it t.akes out of circulation an equal amount of greenbacks. main question was ordered. That is the conclusion to which the remarks of Senators, in my judg- The SPEAKER pro ten~pore. The gentleman h38 not the floor for ment, clearly point. I desire, therefore, that we shall speedily have that purpose . reported from the Committee on Ban king and Currency some measure .Mr. BANKS. The motion to reconsider a vote is a privileged ques- which will not leave the country, after we have gone away from here, tion within certain limits of time, and that is when the subject to without any fractional currency or subsidiary coin. which it relates is not before the House; but when the matter is be- Mr. PAYNE. I yield three minutes to the gentleman from Iowa, fore the House it must be deferred till the proper time. (J\.1r. KASSON.) Mr. RANDALL. I move to reconsider the vote by which the main Mr. KASSON. Mr. Speaker, I will detain the House but a moment question was ordered. upon this question; a.nd I am very glad that the gentleman from Mr. PAYNE. I do not yield for that purpose. I wish to say that Pennsylvania has relieved us from the necessity of occupying much the Committee on Banking and Currency werA unanimously in favor time, as. he really does not oppose this bill. The acting chairman of of the bill, which proposes an increase of 20,000,000 of subsidiary the Committee on Banking and Currency [Mr. PAYNE] has stated in coin, and, I have no reason to doubt,everymemherof thatcommittee a few words the whole purport of the bill. There is but a single word adheres to that opinion as expressed when that bill was first before the left out that the House has not already acted upon, and the omission House. No doubt that matter will be attended to if our bill is re- of that word is in the very direction that the gentleman from Penn- turned from the Senate. I now ask for the vote on the Senate amend- sylvania desires. Dlents. . For myself and other members of the committee, I can only say Mr. BURCHARD, of Illinois. I a.sk for a separate vote on each that this prompt action on its part is designed for the express pur- amendm~nt. pose of assisting in reaching the result which the gentleman from Mr. RANDALL. The gentleman from Ohio now yields the floor Pennsylvania desires and which I desire; that is, to provide the when he demands the vote. Does the Chair decide that the motion requisite amount of "change" for the people who so much need it. to reconsider the vote by which the Dlain question was ordered is not Letters come to us from all the Northwest imploring us to hasten this in order, and th'lt he c:m debar a member by non-recognition from matter of supplying the people with ''change." We have stopped makincr such a motion t issuing fractional currency, and there is not "change" enough. I The ~PEA.KER pro tempore. The Chair recognizes that the motion differ from some others, I suppose, on my si(i~ of the House in the to reconsider is of high privilege, but while the gentleman from Ohio opinion that the country can easily absorb $50,600,000 of subsidiary is on the floor on a subject-matter before the House, fl.ncl refuses to coinage and a deficit still remain, owing to the disposition to save yield to the motion to reconsider, it cannot be recognized. · more carefully this solid money than to do the same with paper which Mr. RANDALL. He cannot be on the floor after he has demanded merely represents it. a vote on the amendments, and, having left the floor, my motion is in But, sir, all this will connect itself with other bills. I rise to say order, a~ it is a privileged motion. When the gentleman from Ohio that the committee bas recommended c011currence in these Senate takes his seat the House of course proceeds to the vote under the op- amendments because the principal one has alrea-dy passed the House eration of the previous question. and the second helps us to a prompter disbursement of this subsidiary Mr. PAYNE. The gentleman has not taken his seat. coin which we have in the Treasury. That is the only effect of this J\.1r. SPRINGER. 1 understand, under the rule, a member can move bill. to reconsider even while the gentleman from Ohio is upon the floor, Mr. RANDALL. Will the gentleman allow me to ask him this but the vote on the motion to reconsider cannot be taken until he has question: Unless some such mea~ure as I have suggested bo adopted, taken his seat. how will you reach $50,000,000 of subsidiary coin without adding to The SPEAKER pro tempore. The difficulty here is that there must the public debt as provided for in the resumption act 7 be immediate action on the motion to reconsider, and the gentleman Mr. KASSON. Mr. Speaker, the gentleman ~rom Pennsylvania un- from Pennsylvania has not the floor for the purpose of obta.iniog that fortunately for~ets it is useless for us to discuss what is not before action. The first question is on concurring in the Senate amendment, the House. This is before the House, and this bill was passed for the which will be read. · purpose of a-ccomplishing an immediate relief. Another bill ha.s been .Mr. RANDALL. I demand to be heard on the motion to reconsider passed by the House to furnish additional relief, which is under con- the vote by whlch the previous question was seconded. sideration by the Senate. If necessary we will pass a third bill to The SPEAKER p,.o tempore. The Chair has already ruled that the relieve the wants of the country, but this bill now reported by the gentleman bas not the floor for that purpose. The gentleman can acting chairman of the committee is the first by which we can reach take an appeal from the decision of the Chair. that result. The gentleman from Missouri wishes to ask a question. Mr. RA.NlJALL. How can the gentleman from Ohio be on the floor Mr. RANDALL. I ask what conditionisthisbillinf Wasthemo- if the Chair is proposing to put the question on the Senate n,mend- ti?n to reconsider the vote by which the main question was ordered ment7 Withdrawn f Mr. SPRINGER. If the gentleman from Pennsylvania cannot moye . , 1876. ,· CONGRESSIONAL RECORD-HOUSE. 4213 to reconsider tho vote by which the main question is ordered now, Mr. SPARKS. My colleague from lllinois, Mr. HARTZF...LL, is de- when in the proceedings of the Honse can he move it' tained at home by Rickness in his family. The SPEAKER pro ternp01·e. When the gentleman from Ohio yields Mr. YEATES. My colleague from North Carolina, General VANCE, the floor. is detained in his room by sickness. Mr. SPRINGER. The gentleman from Ohio yields the floor when Mr. HAYMOND. My colleague from Indiana, Mr. FULLER, is un- be calls for a vote. avoidably absent on account of sickness. The SPEAKER pro tem.pore. The question is on concurring in the Mr. VANCE, of Ohio. I am paired with my colleague, Mr. VAN first amendment of the Senate. VoRHES. If he were present I would vote "no." I am not sure how The question being taken, there were-ayes 69, noes 68. he would vote. I therefore decline to vote. Mr. RANDALL. I call for tellers. The result of the vote was then announced as above recorded. 'fhe SPEAKER pro ternpore. A quorum not having voted, tellers Mr. EAMES. I move to reconsider the last vote. are ordered; and the Chair appoints the·-gentleman from Pennsyl- The SPEAKER pro tentpm·e. The gentleman can move to recon- vania, Mr. RANDALL, and the gentleman from Ohio, Mr. PAYNE. sider the last vote, but the question on that motion will have to be The House again divided; and the tellers reported-ayes 75, noes 78. put at once. It will not carry him back to the vote ordering the Mr. KASSON. I call for the yeas and nays on concurring in the mn.in question. The previous question while operating mnst go Senate amendment. through, and while it is operating the order of the House cannot be Mr. RANDALL. I ask now that my motion shall be entertained. interfered with by any other motion except a motion to adjourn. I move to reconsider the vote by which the main question was ordered. 1\fr. RANDALL. I ask the gentleman from Ohio to allow me to The SPEAKER pro tempore. The main question is still operating. offer an amendment to insert the other two sections. The gentleman can enter a motion to reconsider after the adoption Mr. PAYNE. I have no aut.hority to admit such an amendment. of each particular amendment, and n.t the close may make a motion Mr. RANDALL. Idesiretomakeaparliamenta.ryinquiry, whether to reconsider all. if the next amendment is voted down I could then be recognized to Mr. KASSON. I have called for the yeas and nays on concurring enter a motion to reconsider each vote f in the Senate amendment. The SPEAKER pro tempore. The gentleman can theu be recog- The yeas and nays were ordered. nized to make a motion to reconsider each one of the steps taken by Mr. KASSON. Now I ask that the question be st.1.ted, that it may the House under the operation of the previous question. be distinctly understood by the Honse. Mr. RANDALL. The operation of the previous question being The SPEAKER pro tempore. The Clerk will report the amend- then exhausted T ment upon which the House is now dividing. The SPEAKER pro tempore. Yes ; the previous question is then The Clerk read as follows: exhausted. Amend the bill in line 4 by striking out the word "now " after the ·-vord "coin ;" Mr. RANDALL. My object is to get in the other two sections to so that it will read: which I have alluded. That the Secretary of the Treasury, under snob limits and regulations as will Mr. HALE. Does the gentleman need any motion whatever to re- best secure a. j ustand fair distribution of the same through the country, ma.y issue the silver coin in the Treasury, &c. consider provided these amendments are voted down f Will not his amendment then be in order f Mr. RANDALL. My object is to get a vote upon the insertion of Mr. RANDALL. That is what I am asking the Chair. the two other sections of the House bill. If we could have entered 1\fr. BANKS. The 1·ule is certainly clear and just that where the the motion to reconsider the vote by which the main question was previous question is ordered on a matter it must be executed. When ordered, then we could have tested the sense of the House upon in- every. vote has been taken that the previous question requires, then serting those two sections. Now, I do not want to retard this bill, in order to get back to the original question the motion to reconsider but I desire to have the opportunity of testing the sense of the Honse each vote must be made and carried. on the insertion of those other two sections. Mr. RANDALL. The previous question is called upon the motion Mr. CONGER. I objoot to debate. to concur in the two amendments of the Senate. If they are not con- Mr. KASSON. In answer to the remark of the gentleman from curred in, is it not then competent for the House to insert my amend- Pennsy1vania I want to say that the Committee on Banking and Cur- mentf rency have reported both bills recommended by the gentleman from 1\fr. BANKS. The bill would then go back to the Senate with a non- PennRylvania, and now he endeavors to defeat the unanimous wish concurrence. ,. of thn.t committee by defeating his own bill. Mr. RANDALL. Can I riot then move to recommit the bill to the Mr. RANDALL. No, sir; I do no such thing. Committee on Banking and Currency, with instructions to insert the The question was taken ; and there were-yeas 8'2, nays 98, not vot- two sections I have indicated T ing 109 ; as follows : Mr. BANKS. The motion to recommit cannot be made while the YEAS-Messrs. Adams, George A. Bagley, William H. Baker, Banks, Bradley, previous question is pending and Iiot fully executed. William R. Brown, Horatio C. Burchard, Candler, Cannon, Caswell, Conger, Mr. RANDALL. Then I will make the motion after this am~d­ Crounse, Cutler, Danford, D:~.vy, Denison, Dunnell, Durand, Eames, Foster, Frost, Frye, Hale, Robert Hamilton, Hancock, Hardenbergh, Benjamin W. Harris, Bay. ment has been disposed of. moiHl, Hendee, Henderson, Hoge, Hubbell, Hurlbut, Joyce, Kasson, Kimball, Leav- The question recurred upon the second amendment of the Senate, enworth, Lynch, Magoon, MacDougall, McCrary, McDill, Miller, Norton, Oliver, to add the following: · Pa~ker, Page, Payne, Pierce, Piper, Platt, Potter, Powell, R..'l.iney, John Robbins, Rusk, Sampson, Schleicher, Seelye, Sinnickson, .A.. Herr Smith, Strait, Tarbox, SEC. 2. That the trade-dollar shall not hereafter be a legal tender; and the Sec- Tease, Thompson, Thornburgh, Martin I. Townsend, Tnfts, Wait, Waldron, Alex. retary of the Treasury is hereby authorized to limit, from time to time, the coin· anderS. Wallace, John W. Wallace, Warren, Erastus Wells, White, Wike, Willard~ a~e tliereof to snob an amount a-s he may d-eem.su1fi.cient to meet the export demand Andrew Williams, Alpheus S. Williams, William B. Williams, James Wilson, ana or the same. Wood worth-82. The question was taken upon concurring in the amendment; and NAYS-Messra. Ainsworth, Anderson, Ashe, Atkins, John H. Baker, Blackburn, upon a division there were-ayes 37, noes 74; no quorum voting. Blount, Boone, Bright, Buckner, Cabell, John H. Caldwell, William P. Caldwell, Tellers were ordered; and Mr. PAYNE and Mr. RANDALL were ap- Campbell, Ca.te, John B. Clarke of Kentucky, John B. Clark, jr, of Missouri, Cook, Cowan, Culberson, Davia, De Bolt, Dibrell, Dobbins, Douglas, Durham, Ellis, pointed. Evans. Faulkner, Felton, Finley, Forney, Fort, Franklin, Gause, Goodin, Gunter, The House again divided; and the tellers reported that there were- Andrew H. Hamilton, John T. Harris, Kartrid~e, Hatcher, Hereford, Goldsmith W. ayes 40, noes S3. Hewitt, Holman, Hooker, House, Hunwr, HuntonJ Jenks, Frank Jones, ThomasL. · Mr. EAMES. I make the point of order that no quorum ha-s voted. Jones, Franklin Landers, La.ne, "Lewis, Lord, Lynne, L.A. Mackey, Maish, McFar- la.nu, McMahon, Metca.lfe, Milliken, Mills, Morgan, Neal, New, Odell, Phelps, Mr. FORT. Is it in order now to postpone the further considera.:. John F. Philips, William A. Phillips, Randall, Rea., Reagan, James B. Reilly, Rice, tion of this matter for the present f Riddle, William M. Robbins, Robmson, Savage, Scales, Shea.kley, Singleton, Will· 'fhe SPEAKER pro tempore. No quorum having voted, and that iam E. Smith, Southard, Sparks. Spencer, Springer, Stevenson, Terry, Thomas, Tumey, Waddell, Cha.rleaC.B. Walker, Walsh, Wigginton,JeremiahN. Williams, point of order having been made, nothing is now in order except a Y ea.tes, and Young-98. motion to adjourn or a motion for a call of the House. NOT VOTING-Messrs. Bagby, John H. Bagley, jr., Ballou, Banning, Bass, Beebe, Mr. EAMES. I move that the House now adjourn. Bell, Blaine, Blair, Bland, Bliss, Bradford, John Youn_g Brown, Samuel D. Bur- Mr. FORT. By unanimous consent the House can postpone this chard, Burleigh, Cason Caulfield, Chapin, Chittenden, Clvmer, Cochrane, Collins, Cox, Crapo, Da.rra.ll, Eden, Egbert, Ely, Freeman, Fuller, Garfield, Gibson, Glover, matter. Goode, Haralson, Henry R. Harris, Harrison, Hartzell, Hathorn, Hays, Henkle, Mr. RANDALL. It will go back to the Senate with a non-concur- Abram S. Hewitt, Hill, Hoar, Hopkins, Hoskins, Hurd, Hyman, Kehr, Kelley, rence. Ketcham, King, Knott, Lamar, GeorgeM. Landers, Lapham, Lawrence, LeMoyne, The SPEAKER pro tempore. That can be ·agreed to by unanimous Levy, Luttrell, Edmund W. M. Mackey, Meade, Money, Monroe, Morrison, Mutch- ler, Nash, O'.Brien, O'Neill, Parsons, ·Plaisted, Poppleton, Pratt, Purman, John consent. Reilly, Roberts, Miles R{)SS, Sobieski Ross, Sayler, Schumaker, Slemons, Smalls, Mr. RANDALL. Is it in order for me now to move to recommit the Stenger, Stone. Stowell, Swann, Throckmorton, Washington Townsend, Tucker, bill with. instructions! Van Vorhes, John L. Vance, Robert B. Vance, Gilbert C. Walker, Walling, Ward, G. Wiley Wells, Wheeler, Whitehouse, Whitin~, Whitthorne, Charles G. The SPEAKER pro tempore. That motion would not now be in Williams, James Williams, James D. Williams, Willis, Wilshire, Benjamin Wilson, order. · Alan Wood, jr., Fernando Wood, and Woodburn-109. Mr. RANDALL. Where is the bill f Is it on the table f So the amendment was not concurred in. Mr. PAYNE. I move that the House ask a committee of confer- During the roll-call the following announcements were made: ence on the disagreeing votes of the two Houses on the amendments Mr. JENKS. I desire to state that my colleague from Pennsyl- of the Senate. vania, Mr. SHEAKLEY, is absent on account of sickness. Mr. RANDALL. The Senate may recede from their amendments. Mr. BOONE. My colleague from Kentucky, Mr. BROWN, is absent It is not usnal to anticipate a committee of conference in this way. by leave of the House. The SPEAKER pro tempore. If no further count is asked on the 4214 CONGRESSIONAL RECOR.D-HOUSE. JUNE 2R, amendmAnt of the Senate, the House will refuse to concur with the Van Vorbes, .John L. Vance, Robert B. Vllllce, Gilbert C. Walker, Walling, Warfl, Senate in that amendment. G. Wiley Wells, Wheeler, Whitehouse, Whiting, Whitthorn e, Wigginton. Andrew Williams, Charles G. Williams. .James Williams, .James D. Williams, Willis. Wil- Mr. RANDALL. Does the Chair mean to say that I cannot move shire, Benjnmin Wilson,AL1n Wood, jr., Fernando Woo(l, and Woodburn-12'2. to recommit the bill with instructions T The SPEAKER pro t~tpore. That is what the Chair means to say. So the amendment was not concurred iu. The point of order ha.s been raised that no quorum voted on the last During the roU-call the following announcements were made: vote. But two motions are now in order, one for a call of the House Mr. VANCE, of Ohio. I am paired with my colleague, 1\fr. VAN and the other thu.t the House adjourn. VORHES. If be were present I would vote "no." Mr. E.A.MES. I have already moved that the House now adjourn. Mr. HUNTON. My colleague, Mr. TucKER, is detained from the Mr. SPRINGER. We cau test the question whether there is a quo- Honse by Rickness. rum present or not by calling the yea.s and nays on concurring in the Mr. WIKE. My colleague, Mr. BAGBY, is absent on committee last amendment of the Senate to this joint resolution. service. If present he woUld vote'' ay." · The SPEAKER pro ternpore. So far as the presence of a quorum is Mr. SPARKS. My colleague, Mr. HARTZELL, is n,bsent on account concerned the yeas and nays on the motion to adjourn would deter- of sickness in his family. If here he would vote "no." mine it just as well. Mr. HUNTER. My colleage, 1\fr. CASON, is absent from the House The question was taken upon the motion to adjourn, and it was on account of sickness in his family. not agreed to. The result of the vote waa announced as above stated. .Mr. RANDALL. I now call for the regular order. Mr. R.A.ND.A.LL. I move to reconsider the vote by which the Hou ·e The SPEAKER pro tempore. The motion to adjourn having been refused to concur in the illat ;Lmendment. My purpose is to movo voted down, the only other motion now in order is a motion for a ca,ll that the House concur, with an amendment. of the House, unless the gentleman from Rhode Island [Mr. EAMES] The SPEAKER pro tempol'e. The House baa now reached a stago withdraws his point of order tba,t no quorum voted upon the Sena,te where the motion to reconsider is in order. If it be adopted, the ques- amendment. tion will then be divested of the operation of the previous question, Mr. RANDALL. I move to 1·econsider the vote by which the last :md will ~e open to debn,te and a,mendment. amendment of the Senate was rejected. Mr. P.A.YNE. IS' the pending motion debatable t Mt. FORT. There was no vote announced rejecting that amend- The SPEAKER pro tempore. It is. ment, and the action of the House upon the amendment cannot now Mr. RANDALL. I have the floor, and move the previous question. be reconsidered, because that question :i.s not yet determined ; no quo- The previous question was seconded and the main question ordered; rum voted and the House is still dividing on that amendment. and under the oper:J.tion thereof the motion to reconsider was agreed Mr. RANDALL. That point is made too late, I think. to. The SPEAKER pro tempore. If there be no demand for a further The question then recurred upon concurring in tbe second amend- count, the amendment of the Senate can be considered as non-con- ment of t-he Senate. cuned in. Mr. RANDALL. I move to concur in the amendment of the Son- 1\fr. WHITE. I move a call of the Honse. ate with an amendment which I ask the Clerk to read. Mr. P.A.YNE. I rise to a parliamentary inquiry. The Clerk read as follows: The SPEAKER p1·o tempore. The gentleman will sta,te it. Add t<> the amendment of the Senate the following: Mr. P.A.YNE. Is it competent for me to move, at this stage of the SEc. 2. That, in addition to the amount of subsidiary coin authorized by 1'\w to be issued in redemption of the fractional cmTency, it shall be lawful to manufacture proceedings, for a. committee of conference on the dis..,greeing votes at the several mints, and issue through the Treasury and its several offices, such of the two Houses ! coin to the amount of $20,000,000. : The SPEAKER pro tempore. That motion is not now in order a.t SEC. 3. That the ail ver bullion required for this purpose shall be purchMed, from this stage of the proceedings. .A.ud the Senate may recede from its time to time, at market rate, by the Secretary of the Trensury with anv money in the ~ury ~ot otherwise appropriated; ancl the resulting coin may b"e is ned in amendments; if the House fail to concur in the Senate amendments the ordinary disbursement of the Treasury; but no purcha e of bullion shall be the joint resolution will go back to the Senate. made under this act when the marlret rate for the sarne shall be such as will not . Mr. BURCHARD, of lllinois. .A. committee of conference was asked admit of the c.oina.ge :md issue as herein provided without loss w the Treasury J and any gain or seigniorage arising from this coinage shall be accotmted fot· ana. a short time ago upon the amendments of the Senate to the .A.rmy paid into the Treasury, as provided nnder existing laws rclati vo to the sub idiary appropriation bill, which the House had just non-concurred in. coinage: Provided, That the amount of money at any one time invested in Ruch · The SPEAKER pro tempore. The only question now before the silver bullion, exclusive of such resulting coin, shall not exceed 1,000,000. Honse and in order is the motion of the gentleman from Kentucky Mr. RANDALL. I yield to the gentleman from Indiana, [1\!r. LAN- [Mr. WHITE] that there be a call of the House. DERS,] that he may offer an amendment upon which he desires to tc t The question was taken upon the motion of Mr. WmTE, and it was the sense of the House. .A.fter that amendment is offered I shall ask not agreed to. the previous question. ,Mr. ODELL. I renew the motion that the Honse now adjourn. Mr. LANDERS of Indiana. I move to amend the proposed amend- 'The question was taken, and the motion was not agreed to upon ment by adding the following: 3 division, ayes 36, noes not counted. And it is further provided that the Secretary of the Treasury is directed to au- Mr. B.A.NKS. In order to find out whether there is a. quorum pres- thorize the ooinage of the standard silver dollar of the same weight and ftneno s ent, I call for the yeas and nays upon concurring in the second amend- in use .January 11 1861; and said dollar shall be a legal tender in payment of all ment of the Senate, which was pending at the time the House found debts, public ana. private. · itself without a quorum. Mr. R.A.ND.A.LL. I now demand the previous question. The yea,s and nays were ordered. The previous question was seconded and the main question or- The question was taken; and there were-yeas 59, nays 108, not dered; which was first upon the amendment of 1\fr. LANDER , of voting 122; as follows: Indiana. ' YEAS-Messrs. Geor~e A. Bagley, William H. Baker, Banks, Bradley, Cand- Mr. KASSON, and Mr. LANDERS of Indiana, called for the yeas ler, Cutler, Davy, Demson, Dunnell, Durand, Eames Frye, Robert Hamilton, and nays. Hancock, Hardenbergh, Benjamin W. Harris, Haymond, E."endee, Hubbell, Hurl· bnt, .Joyce1'Kasson, ltimball, Leavenworth, Lynch, Magoon, MacDoutrall, McCrary, The yeas and nays were ordered. McDill, Miller, Norton, Oliver, Payne, Pierce, Piper, Pla.tt, Potter,'"'Rainey, .John The question w:J.s taken; and it was decided in the affirmative-yeas Robbins, Sampson, Seelye, Smalls, A. Herr Smith, Strait, Ta.rbox, Teese, Thomp· 111, nays 55, not voting 123; as follows : . son, 'rhoruburgh, Tufts, Wait, Wnldron, .Alexander S. Wallace, .John W. Walla{le, Warren, Erastus Wells, White, Wike, Willard, and .Alpheus S. Williams-59. YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, .John H. Baker, William H. ! NAYS-Messrs. Adams, Aiosworth. Anderson, Ashe, At.k ins, .John H. Baker, Baker, Blackburn, Bland, Boone, Bradley, Bri€;ht. William R. Brown, Buckner·, no. jr., Bla{lkburn, Bland, Blount, Boone, Bri~ht, Bucknerl.. Horatio C. Burchard, Cab· ratio C. Burchard, Cabell, .John H. Caldwell, William P. Caldwell, Campbell. Cannon, ell, John H. Caldwell, William P. Caldwell, Campbell, .John B. Clarke of Kentucky, J obn B. Clarko of Kentucky, John B. Clark, jr.. of Missouri. Conger, Cowan, Cr1Jnnse, .John B. Clark, jr.~.....of Missouri, Conger, Cook, Cowan, Culberson, Davis, De Bolt, Culberson, Cutler, Davis, lle Bolt. Dibrell, Dobbins, Douglas, Dunnell, Durham, Dibrell1 Douglas, lJurham, Ellis, .Evans, Faulkner, Felt()n, Finley, Forney, Fort, Ellis, Evans, Faulkner, Felton, Finley, Forney, .l!'ort, Franklin, Gause. Goodin, Franklin, Gause, Goodin, Gunter, Andrew H. Hamilton, .John T. Harris, Hart;. Gunter, Andrew H. Hamilton Robert Hannlton. Hardenbergh, Henry R. Han'is, ridge, Hatcher, Hays, Henderson, Herefo.rtl, Goldsmith W. Hewitt, Hill, Hol- .John T. Harris, Hartridge, Hatcher, Haymontl, Henderson, Hereford , Golclsmi1h man, Hooker, Houset Hunter, Hunton . .Jenks, Frank .Jones, Thomas L . .Jones, W. Hewitt., Hill, Holman, House, Hubbell, Hunter, Ilnnton, Thomas L. Jones, Knott, Franklin Lanaers, Lord, Lutt.rcll, Lynde, L. A. Mackey, McFarla~~d, Me· Franklin Landers. Lane, Lewis, Luttrell. L:vnde, L.A. Ma.ckoy, Ma•>'oon, McDill, Mabon, M~de, ~et_calfe, ~li!>en, Mills, 'Morgan, Neal, Odell, Packer, Ph~lps, McFarland, Milliken, Morgan, Neal, Odell, Phelp~. John F . Philips, ~ndall, Rea, John F . Philips,WilliamA.Philli,Ps. Powell, Randall, Rea, ReaganJ...JamesB.Reilly, Rea~, .James B Reilly, Rice, Riddle. .John Rol1hins. William M. Robbins, Rob- Rice, Ridille, William M. Robbms, Robinson, Savage, Saylor, ;:;cales, Sheakley, inson, Savag~ Scales, Sheakley. Sinnickson, William E. Smith, Southard, Sparlis, Singleton, William B. Smith, Southard, Sparks, Spencer, Springer, Stevenson, Spencer, Spnnger, Stevenson, Teese, TeiTv, Thomas, Tufts, Turney, Waclll ll, Terry, Thomas, Mn, motion to adjourn. John Reilly, Roberta, Miles Ross, Sobieski lWss, Rusk, Sayler, Schumaker, Single- The question being taken, there were ayes 16, noes not counted. ton, Slemons, Stenger, Stone, Stowell, Swann, Throckmorton, Martin I. Townsend, So the House refused to a-djourn. Washin:rton Townsend, Tucker, Van Vorhes, John L. Vance, lWbert B. Vance, Charles C. B. Walker, Gilbert C. Walker, Walling, Walsh, Ward, G. Wiley Wells, Mr. HARRIS, of Virginia. I desire now to bring to the attention of Wheeler, Whit.ehouse, Whitthorne, Charla.~ G. Williams, James Williams, James the House, and especially to the attention of the Speaker, the a-ction D. Williams, Willis, Wilshire, Benjamin Wilson, .AlanWood,jr., Fernando Wood, of the House yesterday on House bill No. 2798. A motion wa..s made and Woodburn-123. • by a gentleman on my left [Mr. SAVAGE] to commit the bill to the Mr. LANDERs's amendment to the amendment was agreed to. Committee of the Whole on the state of the Union. Upon that During the vote, motion no quorum voted. The gentleman from Kentucky [Mr. JONES] Mr. ATKINS stated that his colleague, Mr. WHI'ITHORNE, was ab- who had charge of the bill was understood to withdraw the objec- sent by leave of the House. .t ion on the ground that no quorum had voted. On his withdrawal Mr. VANCE, of Ohio, said: I am paired with my colleague, Mr. of the objection I renewed it, but the Chair did not hear me. .After- Y AN VoRHEs. I do not know how he would vote, but if he were ward, when I raised the question with the Chair, the Chair stated present I would vote in the affirmative. that it came too late ; and the Chair stated that he had not heard . Mr. BOONE stated that his colleague, Mr. BROWN, was absent by the objection which I made. I desire to call the attention of the leave of the House, but if present he would vote in the affirmative. Chair both to the Journal and to the REcoRD, which show that I Mr. CLARKE, of Kentucky, stated that his colleague, Mr. PARSONs, ma.de the objection in time. I hope, therefore, as the Chair failed to · was absent on account of sickness. hear mo in consequence of the noise and confusion prevailing in the Mr. HAYMOND stated that his colleague, Mr. FULLER, was absent on House, it will be the pleasure of the House unanimously to reconsider account of sickness, and th'at if present he would probably vote "ay." the vote by which the bill was committed to the Committee of the · The vote was then announced as above recorded. Whole on the state of the Union, so as to place the bill back where The SPEAKER p1·o tempore. The question now recurs on the adop- it was yesterday. I call the attention of the Chair to the proceed- tion of the amendment of the gentleman from Pennsylvania [Mr. ings of yesterday. RANDALL] as amended by the amendment of the gentleman from In- Mr. HAMILTON, of New Jersey. The bill is now in Committee diana, [Mr. LANDERS.) . of the Whole, subject to due consideration of it, and to the intro- The House divided; and there were-ayes 64, noes 7. duction of proper amendments, so as to get a well-guarded, proper bill. Mr. RANDALL demanded the yeas ap.d nays. The SPEAKER pro tmnpore. Does the gentleman from Virginia The yeas and nays were ordered. [Mr.IIABru:s] desire to call up his motion to reconsider at this time f The question wa.s taken; and it was decided in the affirmative-yeas Mr. HARRIS, of Virginia. Yes, sir; I think no debate is necessary 110, nays 45, not voting 134; as follows: if the Speaker will state the facts. YEAS-Messrs. Anderson1 Ashe, Atkins, John H. Baker, Banks, Bland Blount, The SPEAKER p1·o tentpore. The Chair will say to the gentleman l3oone, Bradley, Brijrht, William R. Brown, Buckner, Horatio C. Burch;:d. Cabell, from Virginia that the bill had numerous amendments appended to John H. Caldwell, Willi'\m P. Caldwell, Campbell, Cannon, John B. Clarke of Ken- it yesterday, and has not yet been returned from the Printing Office, tucky, John B. Clark, jr., of Missouri, Conger, Cowan, Crounse, Culbe.rson, Cut- and is not yet at the Clerk's desk. The Chair would sugge..st that the lP.r, Davis, De Bolt, Denison, Dibrell, Douglaa, Dunnell, Durham, Ellis, Evans, Faulkner, Felton, Forney, Franklin, Goodin, Gunter, Andrew H. Hamilton, lWbert gentleman defer his application till to-morrow morning. Hamilton, Henry R. Harris, John T. Harris, Hatcher, Haymond, Henderson, Here- Mr. HARRIS, of Virginia. I have no objection, if the Chair will ford. Goldsmith W. Hewitt, Holman, Hooker, House, Hunter, Hlmton, Jenks, then recognize me. . Thomaa L. Jones, Kimball, Knott Lamar, Franklin Landers. Leavenworth, Lewis, The SPEAKER pro tempore. The Chair will recognize the gentle- Lord, Luttrell, I.ynde, L. A. Mackey, M:a:.~oon, Maish, McDill, McFarland, McMa- hon, Metcalfe, M.illiken, Mills, Neal, Odell, Randnll, Rea, Reagan, James B. Reilly, man from Virginia to-morrow when the bill is before the House. Rice, Riddle, William M. Robbins, Robinson, Sampson. Savage, Scales, Sheakley, Mr. JONES, of Kentucky. If that is understood, the n,rrangement William E. Smith, Southard, Sparks. Spencer, Spnnger, Stevenson, Teese, Terry, is satisfactory. Tufts, Waddell, Walsh, Erastus Wells, Whiting, Wigginton, Willard, Alpheus S. MESSAGE FROM THE SENATE. Williams, Jeremiah N. Williams, William B. Williams, James Wilson, Woodworth, 'Yeates and Young-110. A message from the Senate, by Mr. SYMPSON, one of their clerks, NAYS-Messrs. Adams, Ainsworth, William H. Baker, Blackburn, Candler, Ca-s- announced that the Senate had passed bills and a joint resolution of ~ell, Davy, Eames, Foster, Frost, Frye, Hancock, Hardenbergh, Benjamin W. Harris, Hendee, Hubbell, Frank Jones, Joyce, Lynch, Morgan, Norton, Oliver, the House of the following titles, with amendments; in which the Packer, Payne, William A. Phillips, Pierce, Piper, Platt, Potter~ Rainey, John concurrence of tho House was requested: Robbins, Schleicher, Seelye, Smalls, A. Herr Smith, Strait~ Tarbox, .Thompson, A bill (H. R. No. 2676) to regulate the assessment and collection of Waldront Alexander S. Wall~tce, John W. Wallace, Warren, White, Andrew Will- taxes for the support of the government of the District of Columbia, iams, ana Wilshire-45. NOT VOTING-Messrs. Bagby, George A. Bagley, John H. Bagley, jr., Ballou, :tnd for other purposes; l3anning, Bass, Beebe, Bell, Blaine, Blair, Bliss, Bradford, John' Young Brown, Joint resolution (H. R. No. 129) authorizing the Secretary of War SamuelD. Burchard, Burleigh, Cason, Cate, Caulfield. Chapin, Chittenden, Clymer, to issue arms ; Cochrane, Collins, Cook, Cox, Crapo, Danford, Darrall, Dobbins, Durand, Eden, A bill (H. R. No. 1797) providing for the sale of the Kansas Indian EgbiD'1i.Ely, Finley, Fort, Freeman, Fuller, Garfield. Gause, Gibson, Glover, Goode, Hale1 .Haralson, Harrison, Rnrtridge, Hartzell, Hathorn, Hays, Henkle, Abram S. land in Kansas to actual settlers, and for the disposition of the pro- HeWitt, Hill, Hoar Hoge, Hopkiris, Hoskins, Hurd. Hurlliut, Hyman, Kasson, ceeds of the sale ; Kehr, Kelley, Ketcham, King, George M. Landers, Lane, Lapham, Lawrel!~l Le A bill (H. R. No. 2017) for the relief of Lizzie Irons, sister of Lieu- Moyne, Levy, Edmund W. M. Mackey, MacDougall, McCrary, Meade, .M..iller, tenant Joseph F. Irons, late of the First United States Artillery ; and Money, Monroe, Morrison, Mutchler, Nash, New, O'Brien, O'Neill, Page, Parsons, Phelps, John F. Philips, Plaisted, Poppleton, Powell, Pratt. Purman, .John Reilly, A bill (H. R. No. 3495) for the relief of mail contractors on route Roberts, Miles lWss, Sobieski P..oss, Rusk, Sayler, Schumaker, Singleton, Sinnick- No. 19319, in Tennessee. son, Slemons, Stenger, Stone, Stowell, Swann, Thomas, Thornburgh, Throckmorton. GENEVA AWABD. Martin I. Townsend, Washington Townsend, Tucker, Turney, Van Vorhes, John L. Vance, lWbert B. Vance, Wait, Charles C. B. Walker, Gilllert C. Walker, Wal- The SPEAKER pro tempore. The regular order is the considera- ling, Ward, G. Wiley Wells, Wheeler, Whitehouse, Whitthorne, Wike, Charles G. tion of the bill (H. R. No. 2685) reported by the Committee on the Williams, James Williams, James D. Williams, Willis, Benjamin Wilson, Alan Judiciary for the distribution of the unappropriated moneys of the Wood, jr., Fema.ndo Wood, and Woodburn-:134. Geneva award, on which the gentleman from Pennsylvania [Mr. So Mr. RANDALL's amendment, as amended, was agreed to. JENKS] is entitled to the floor. During the vote, Mr. JENKS. Mr. Speaker, I regret to consume the time of the Mr. VANCE, of Ohio, stated that he was paired with his colleague, House at this late day of the session. But in examinin~ the several Mr. VAN VoRHES; that he did not know how he would vote, but if reports from the Judiciary Committee in regard to the distribution of he were here, he himself would vote in the affirmative. the fund arising from the Geneva award I was unable fully to concur The vote was then announced as above recorded. in any of those reports. It seemed to me that none of them fully did Mr. RANDALL moved to reconsider the votes by which the amend- justice-in its distribution. Therefore feeling it to be my duty to in- ments were agreed to ; and also moved that the motion to reconsider troduce an amendment to the bill reported by the committee, I have be laid on the table. thought it proper and right to state some of the grounds on which I The latter motion was agreed to. base my opinion. I propose as a part of my remarks at this time to The question next recurred on the amendment of the Senate as read an amendment which I expect in the future to offer as an amend- ameuded, and it was concurred in. ment to the majority report, a.s follows: Mr. RANDALL moved to reconsider the vote by which the Senate First. To amend the bill as proposed by the majority of the committee by strik· amendment, aa amended, was concurred in; and also moved that the stead ing out of the second section all after the words "the third class " and inRert in· thereof the followino-: "The residue of the fund, if any, shall remain in the motion to reconsider be laid on the table. United States Tre.'l.sury to be appropriated as Congress shall hereafter determine." The latter motion was agreed to. Second. By striking out of section 3, after the words "insurance company," the following words: "Reoovering in the third class." WAsHINGTON, CINCINNATI AND SAINT LOIDS RAILROAD COMP.U..'Y, Third. By striking out of section 5, after the words "second classes," "And judgments of the second class shall be paid before judgments of the third claas are Mr. ODELL. I move that the House do now adjourn. paid." Mr. HARRIS, of Virginia. I hope that will not be agreed to. I Also, by striking out of the same sectio11 all after the words " residue of such wish to bring to the attention of the Chair what took place yester- unappropriated sum." day in reference to the bill (H. R. No. 2798) to authorize the Wash- The effect of this amendment will be to leave tho distrilmtion in ington, Cincinnati and Saint Louis Railroad Company to construct a this way: That those who actually lost vessols by the confederate 4216 CONGRESSIONAL RECORD-HOUSE. JUNE 28, cruisers shall be paid first; second, those who paid war premiums gate wealth of a nation the paramount title of the nation and the shall be paid; and the balance shall remain in the United States municipal title of the individual. They are not necessarily con- Treasury for future disposition. nected ::tt all. The destruction of the one does not nece sarily de- The reason why this balance should remain is, in the first place, stroy the other at all. The transfer of one does not necessarily that there is a class of claims highly merit.orious which have not been transfer the other at all. They are distinct and for distinct anu dif- considered at all. Certain persons in defense of the property of their ferent purposes. The title which pertains to the nation, which is a. principals, for instance, lost their limbs; others lost their health in sovereign as to foreign nations and to the individual, are as distinct consequence of imprisonment and for causes similar to that. Many q,s if the two titles existed in distinct indi vidual.s, each for its own other meritorious cases exist where remuneration should be made for appropriate purpose. losst!s which occurred directly from the act of the confederate cruis- We may illustrate this by the fact that a nation may sell its para- ers. And this balance it seems to me just should remain in the Treasury mount title to another in such•case. Those who hold a municip::tl to be disposed of by Congress to re-imburse these direct personal title are not thereby divested of their individual rights or titles, be- losses or any other direct losses of similar character which m!ty ap- cause the municipal title was not destroyed by the sale. But there pear hereafter to have occurred. may be a money consideration paid for the title of a nation. And it Then another reason why I think the majority report should be may bo tra.nsferred as fully as an individual can tmnsfer his own. amended in this respect is that, if these insurance companies are We h!tve illustrations of this in the history of our own country, in entitled to anything more than what shall really re-imburse them the cases of the pnrcha.se of Louisiana, the purcha ·e of New Mexico, for what they shall have lost in excess of what they have received, and the purchase of Alaska. Those inhabitants who, prior to those it must be because they have a legal right; because as the law now purchases, owned property within the purchased territory did not stands t.hey are re-imbursed for all that they have lost in excess of have their title affected at all, but the p:tramount titlo of }'ranee in that which they have received in war premiums. Now, if they are one instance, of Mexico in another, and of Ru sia in the third was entitled to anything more it must be because they have a legal right. transferred to our country. Therefore we want to remember that the And if they have legal right to anythey must have legal right to all. municipal title of the individual and the paramount title of the sov- So that the majority report seems to me to be a logical solecism con- I'eign are not the s!tme at all. tradictory in itself; apparently acknowledging the title of the insur- Then, if they are not the same, on wh::tt title was this recovery had ance companies and yet repudiating it. This amendment, therefore, aB to Great Britain' And before we progress further in the consid- is necess:try to give logical consistency to the majority report and to eration of that point it may not be irrelevant to suggest what is title. do justice to those who have actually lost. "It is the means by which the owner cometh to the just possession of During the discussion of this question some of those who think the his property." Wherever there i'l no means there is no title. Some- insurance companies are entitled to the whole fund have seen proper times the paramount title of the sovereign may be the means of re- ancl thought it necessary to introduce authority to establish the prin- covering the inferior or municip;:tl title of the citizen. Where I speak ciple that a nation should be just. I apprehend this was entirely of the paramount title of the sovereign and the municipal title of the unnecessary. To be just is a nation's duty and her highest ~lory. citizen I do not wish to be understood as derogating from either, be- But we must not forget that before the throne of justice trut.h 1s the cause they do not collide; there is no contravention of right between sole ministering spirit; and we call approach that throne only through them; they are very often co-existing, but they may be separate. this medium. We must stand upon truth, and appropriate truth, or Another illustr~tion of this point: In a time of war, if a citizen sell justice cannot be done. his property to the enemy that clearly divests the tit.le of the citizen There has also been a series of arguments introduced which to to that property; but the p::tramount title of the sovAreign is not di- me seem to be entirely irrelevant and improper. Something like this vest-ed thereby, and the sovereign may recover it back. The citizen proposition has been stated: The United States h:tvo recovered this has destroyed his title; but the nation's title stands intact as before, fund from Great Brit.ain. Now, if she, in .disposing of it, does not and it is as much her property after the sale as before. Therefore give it to A or to B, she ought to return it to Great Britain. This :iR we must bear in mind that the two titles are not necessarily co-exist- a thorough 'lion sequit1w. If a man obtains money honestly, how he ent, although they usually do exist together. disposes of that money can in no event affect the justice or injustice Then, there being two titles, on what title was this recovery bad! of the mode l>y which he obtained it. So that whether we give this I maintain that it was had solely and exclusively on the paramount money to the insurance companies or not, if we obtained it in honest title of the United States, which, as to all forei~n nations, is sover- good faith from Great Britain and perpetrated no fraud upon her, it eign, fully endowed in all respects. The first fact to which I wish makes no difference to whom we distribute it. This, therefore, that to call attention is the very statement of this c~e. This ca e stood we see in the papers, t.hat we wrong Gre::tt Britain if we give this to "United States vs. Great Britain." The award was in frtvor of the others than the insurance companies, does not follow at :til. The f:tct United States and against Great Britain. Now, prima facie, the title is, as regards Great Britain, this money was obtained for certain ves- recovered upon must have been the title of the United States. There- sels destroyed in consequence of her neglect of duty as a neutral fore the award itself would be at first prirna facie evidence that the power in the civil war transpiring between sections of the United title on which that recovery was had was in the United States. ~tates. The individual title of no individua.l was considered in any Then, unless sufficient evidence is adduced to the contrary, t.he way . award itself wonlcl settle it in the mind of an·y lawyer that it was on .Hut I would s::ty here that if in any event it should turn out, or if the paramount title of the United States alone that it was recovered. evidence should be adduced that we have in any manner wronged This is capable of being rebutted by evidence; because, as I have Great Britain, I would say pay her her money back. It is om duty said before, the title of the sovereign and the title of the citizen are to be perfectly just. Justice is a more comprehensive term than not antagonistic or adverse at all. But prima facie I say that t he either national honor or national glory. The honor may be a mere very awru·d itself is evidence that it wasrecoveredon the title of the bubble. The glory may be tainted with crime. But justice is one of United States. the immaculate attributes of the Eternal, and is higher and broader The second fact to which I shall call the attention of the House in than either of the other terms. I would be just to Great Britain. I reference to the title is that this award was had on three certain would be just t-o every person who presents a claim here; but I would rules established by the Geneva. tribunal. Those rules were with not accept the principle that when we have obtained this money reference to the duty of a neutral nation in time of war. Now, there justly, if we do not give it to A, B, or C we should give it b::tck to is no duty that one nation owes to the citizen of another as such. If Great Britain. That question in no way arises here, but is intro- war exists between two nations, and another nation recognizes the. duced into the discussion in consequence only of that confusion which belligerent state of those two nations, it owes neutral duties to those often arises from attempting to consider two things at once which nations. But the international duty of neutrality exists only between are in no way relevant to each other. nations, and not between a nation and any citizen of another, inde- In approaching the throne of justice it is also necessary to make pendent of his sovereign. this distinction, that all tmth is not equally important. H I should Now, the very ground of the recovery of this award was that Great state as a legal truth that "if a person of sound memory and discre- Britain had violated her duty as a neutra.l. Whatever was introduced tion taketh the life of a reasonable being, and in the peace ,of the before that tribunal for the purpose of establishing the amount to be Commonwealth, with malice aforethought, express or implied, he is recovered was merely evidence of the amount of damages, and was a murderer." That is a tmth, an unquestionable legal truth, which we not any ground of recovery. Just as in the case of an action of cov- accept; but it would be entirely irrelevant here. Or if I should state enant being brought on a contract between two parties, the contract as a fact the accurate dimensions of thi~ Hall, that would be a truth being one to build a house. You might introduce evidence of what but an irrelevant truth. So that we must not only approach the another man's house cost to test the amount of damages resulting august throne of justice through the medium of truth, but we must from the failure to carry out the contract to build. That would give see that that truth is relevant, relevant in fact and relevant in law. no title to the house the cost of which had been given in evidence, as Many considerations have been introduced here that seem to me to it was only a means of finding out the amount of damages done on the be entirely unimportant in the discussion of this case. breach of contract; or, as we would say in this case, on the breach of The first proposition I will endeavor to ~stablish will be that this national relations between the United States and Great Britain. The award wa-s obtained upon the paramount title of the nation, and not ground of recovery before the Geneva tribunal was a breach of duty, upon any individual title whatever; that no individual right w:as which conduced to the destruction of property over wb).ch the United considered by the arbitrators, nor was any individual right the basis States had a paramount title. upon which this recovery was had. And in reference to this, in order If there had not been a single vessel destroyed: the United States to guard against confusion, it may bo well to call to the attention of could have sustained its ground of action, but the amount of dam- tho House the fact that there are at the same time to all the aggre- ages would not have been probably so groat as that which was award- 1876. CONGRESSIONAL RECORD-HOUSE. 4217 ed. The three rules on which this award was founded show that the the tens of thousands lying buried there, you will not question for a ground of recovery was the breach of national duty, which no nation momont that there was a civil war. W a.s that civil war organized in ever owes to the individual citizen of another nat.ion as a citizen. all the forms of a regularly organized warT · That cannot be dis- The third fact is that the court was international. This court puted. Then the first fact which I sb::~,ll take a.s fixed is that there could not pass upon individual titles. No nation would appear beforo was a civil war existing between the Confederate States and the au international tribunal to contest with a citizen concerning any United States. right that he might have. The character of the court itself indicates But how did England rogard this question f England had recog- that this was a contest on the paramount title of the United States, nized the belligerent rights of the confederacy. She had said that and not upon any individual title. And these insurance companies, there was a civil war existing. Then the fact is there was a civil or any person else appearing there and attempting to establish their war. England sa.id there was. The United States also gave her assent title before this tribunal, would have been ruled out without a hearing, to the same proposition. In the case of Coolidge vs. Guthrie, 17 Law as in fact they were ruled out. Every individual title that was there Register, page 24, the following statement of the case is made by offered a.s a title was ruled out. Judge Swayne: But the arbitrators say,'' We settle this question between nations When the transaction occurred, the rebellion had risen to the proportions of a and on national rights, not between individuals at all." · civil war and wa.s fully flagrant. Arkansas was enemy's territory and all the' The next fact that we would give in evidence is the instructions of property there was enemy property. Cotton was an article of foreign and domestic commerce. It was one of the mam sinews of the power of the insurgents. They Lord Russell in reply to Mr. Adams, which I quote from a speech of relied upon it for the p11rcbase of arms and other munitions of war, and cbiefiy to the honorable Senator from Ohio; 1 have no doubt the quotation is supply them with financial means for the prosecution of the strife. Important correct: belligerent rights were conceded to them by the Gi>vernment of the nation. Their Her MaJesty's government cannot therefore admit at they are under any obli- soldiers, when captured, were treated as prisoners of war. They were exchanged gation whatever to mako compensation to the United Sli.'l.tes citizens on account of and not held for treason. Their vessels when captured were dealt with by our proceedings of that vessel, (the .Alabama.) prize courts. Their ports were blockaded and the block.:tdes proclaimed to neu- tral powers, and property found on board such vessels belonging to persons residin~ The British government repudiated any obligation to make com- in the rebel States was uniformly held to be confiscable J\S enemy property. Au these things were done a.s if the war h.'ld been a public one with a foreign power. pensation to citizens of the United States for any injury done to them. "It must be something else than citizen's title that must be consid- Then in the court...,{), pearing, that not only tbe court itself before which this trial wa.s and made by George C. Mnnrot when be was a merchant trading in an enemy fort, had, and the British government, repudiated all individual title, but to Gravely, also domiciled ana. Cl\rrying on trade in snob place. That sale wa.s the United States did the very same thing; for in the communica- nnlawfnf38 to Munro, even if, ns be contends, he was then a resident of a loyal . tion of instructions of Secretary Fish to those having this trial in State, charge the following passage occurs : ernment. because it WI\S in fraud of his obligations !l.Dd duties toward his own gov- So the United States courts n.ccepted the fact that a state of war The President desires to have the subject discussed as one between the two gov- existed. ernments, and he directs mo to urge upon yon strongly to secure, if possible, the In th f Philli H t h hi h I "ll t 'te th award of a sun1 in gross. In the discussion of this question, and in the treatment e C:l8e 0 ps vs. a c ' w c WI no Cl now, e of the entire case, yon will be careful not to commit the Gi>vernment 38 to the dis- same fact is stated equally fully and broadly. position of what may be awarcled. It is possible that there mn.y be duplicate Then, n.s a fact, wn.r existed, and as a legal fact the laws of war claims upon some of the property alleged to have been captured or destroyed, as in were applied and accepted by the Government of the United States. the ca.se of insurers and insured. The Government wishes to bold herself free to B lli · ht h- ~ b kn 1 d d b G t B · · Th decide as to the rights of the claimants' insurers upon the termination of the case. e gerent ng s au een a-c ow e ge Y rea ritam. en· If the value of the prd'perty captured or destroyed be recorded i.n the name of the as to all parties who could in any way have an illterest tbe1·e was a Government, the distribution of the amount recorded will be made by this Govern- state of war fully accepted as existing at the time of this transaction. ment without committal a.s to the mode of distribution. There being civil war then the same law applied that applies between Now, if it had been on the title of any individual that this recovery foreign nations. Under, the"law of nations the same rules or interna- waa had, there must necessa.rily have been a committal of the Gov- tiona.J. principles which ruled a.s to foreign nations ruled a.s to this. ernment, because the Government cannot violate private right-can- An~ here I may say_ that we must bear in ~ind_ that war has its not take the property of one and give it to another. This principle . laws JUSt ~well as 1ts arms. We may not ~ustify ~he one o~ the of law is so well known that if the Government had not stood upon other, but It has been. ~ound by human_ expenence that the evils of the ground that she was recovering upon her paramount title that war are much !llo~e mitJg~ted b_y accep~mg the laws of_ ~ar t~~n to which was destroyed by the breach of neutral duties on the pn.rt of go 1?-POn the prmmples which exi~ted_pnor to the rec~gmt1on of mter-_ Great Britain, that communication of Secretary Fish would never natiOnal law. So, whether w_e JUStify_ the conclusiOns or co~demn have been made by the United States as it was. the~, ~hatever those concluswns are, _if they are the conclus~ons of These facts sufficiently establish that the amount was recovered law It IS our duty ~o. accept them as hemg ~he lesser of t.wo _evils. . upon the pammount title of the United States, and not upon any in- 'l:'h~ next propositiOn I purpose to establish_ by auth?nty.Is that m dividual title of any citizen thereof. a CIVIl war, unless there be_ express. congresswnal legislatiOn ~o the But it does not follow because it. was recovered upon the title of contrary, t~e same rules of mternationallaw apply as though It had . the United States, that therefore the Government may not have re- been a foreign wa!. . . . . . , covered for the use of some of her citizens. If any of her citizens . The firs~ authonty I mte on th1s propositlOn IS Vattels Law of Na- had title to the property destroyed, after its destruction her recovery twns, sectiOn 427 : • on her paramount title would necessarily make her a trustee for those But when a nation b~oomes divided into t:wo parties a~ln~ly independent, and whose property wa.s destroved. no longer acknowled~ng a common supenor, tht' Sf.a;te Is dissolved, and the w~r · N ~w' th e n~x t mqmry · (-,., d t th•1 I ill · · between the two parties stands on the same ground, m every respect, as a public an .o . ~ w . turn mr attentiOn more war between two dill'erent nations. Whether a republic be split into two factions, particularly) IB 1 was there any mdiVIdual title to th1s property ,at all each maintaining that it alone constitutes the body of a State-or a kin..,dom be at the time the award was recovered against Great Britain T If there d_ivided bct~een two competitors for the crown-the nation is s~ve~d into'two par- was then the individual who had that municipal title is entitled to ties, who~ mutually term each other re_bels. Thus there eXISts m the state two . 'h f th• f d d his · · · . separate bodies, who pretend to absolute mdependence, and between whom there h. ISs are 0 ~s un 'an. so r.re PriVIes, the msurance com pam~, is no judge. (§ 293.) They decide their quarrel by arms, a.s two different nations If there was t1tle. But If there was not title, then he has no clarm would. do. The obligation to observe the common 1aws of war toward each other is above all the rest of his fellow-citizens in like circumstances· nor therefore absolute, indispensabl¥ binding on both parties, and the same which the have his privies, the insurance companies. So that tbe inquiry now law of nature imposes on all nations in transactions between state and state. becomes pertinent, was there any title in existence at the time of this The next authority I will cite in pursuance of that is the Santis- recovery except the paramount title of the nation itself Y I propose sima Trinidad, 7 Wheaton, 283. It is confirmatory of the fact that the to undertake to demonstrate that there was no other title. United States enforced the laws of war and acted on the law of na- ':fhe. first fact to which~ ~ould call. a~tenti?n ~reference to this tions when Spain and her rebellious colonies were contesting concern- pomt IS that ~here w~ a CIVIl war eXlstmg. This appea~·s to me to ing the independence of the latter. be a great rulmg fact m the c~e. It se~ms t? a g;eat extent to have During t.he existence of the civil war between Spain and her colonies, and pre- been passed over or neglected m the discussiOns 1n the House. Yet vions to the acknowledgment of the independence of the latter by the United to me this is the very turning point in this whole discussion. There States, the colonies were deeJ?ed ~Y us belligeren! natio~, and entitled, so far as was a civil war; is that a fact or is it not f If you go over to Arling- concerns us, to all the sovere1gn r1ghts of war agamst their enemy. ton and see the thousands of graves marked "unknown" and observe So that if a civil war is existing as a fact, unless there ue some con- 4218 CONGRESSIONAL RECORD-HOUSE. JUNE 28, gressionalle~islation to change the law in reference to it, the law of Then with reference to the effect of destruction being the same as nations applies to and rules the case. that of sale: We will also cite the case of Phillips vs. Hatch, 1 Dillon's Circuit The c:tptors had a plenary dominion over the property by the capture, and might, Court Reports, 576, on this same principle: so far as she was concerned, have burned or destroyed it, or disposed of it in any Were the rules n.nd doctrines of international law at all to apply to this conflict, other manner which they pleased. or were the questions arisin"' out of it to be wholly determined by the municipal We claim that these authorities establish that by the capture w bat- law~ This general question first came before the Supreme Court in the Prize cases, ever municipal title existed as to any of this property was tota.lly 2 :Black, 635, 1862. It bas .since boon frequently. before that tribunal. (See The Venice, 2Wallace, 258; Mrs. Alexander's Cotton,1bid., 404; The Hampton, 5 Wal· and entirely divested. Then on what ground does the doctrine of lace 372 · William :Bagley, ibid., 377; The Ouachita Cotron, 6 ibid., 521; Hanger subrogation on which the insurance companies claim stand! They vs. Ab~tt, ibid., 532; Cappell vs. Hall, 7 ibid., 542; McKee vs. United States, 8 are subrogated they say to the rights of the owner of the ve sol. I ibid., 163; the Grapeshot, 9 ibid., 129.) admit it. If there be any spes recu.perandi the insurance comparues These cases all apply or declare to be applicable to the rebellion are rightly by law subrogated to it; but if there be no spes recltperatldi, the general doctrines of public law which govern in wars between they are not subrogated. independent states. Now, if the title was utterly and entirely extinguished as to the So that authorities in international law and our highest court owner of the vessel from the time of her capture, what was there of have said that the laws of war were to be applied to this rebellion, spes recuperandi as to which these insurance companies can be subro- as though it had been a contest between two independent nations. gated T They insured under the laws of war ; they took the risks of This being the fact, then what is the law of war with reference to a state of war, as well its laws as its arms. You might conceive ono property captured f What becomes of the title when the property of the insurance agents going to a ship-owner and stating the price is captured! is the next question. Let me say, without citing author- of insurance. The ship-owner might object that the price was too ities, that it is indisnutable that whenever a vessel is captured from high. The agent would reply that they had to take the risk of the that moment the municipal title is divested, if the vessel is not within property being captured, and if it was captured there would bo no twenty-four hours taken from the captor. If not taken within spes t"P.Cltperandi. That is doubtless the way the insurance agents twenty-four hours there is no municipal title unless by the doctrine of talked, and it is good law. Thoy assumed the risks of war when they postliminy, which is a war right and never obtains after peace has charged war premiums. This is one of the very risks they bargained been made or an amnesty proclaimed, in existence whatever. When- for, ]Jeoause the law of the land enters into and constitutes a part of ever those vessels were captured, there being civil war and the law every contract. of nations applying to that war, the title of the individual was for- Then these parties, knowing tha.t in the event of capture the title of ever divested unless the vessels were recaptured within twenty-four the owner was forever gone, charged for that and received their pay hours; and this was not done with reference to any of this property. for it, so that they have neither law nor equity upon which to base for which recovery was had before the Geneva tribmml. We will their alleged right of subrogation. . cite the authorities to establish this before we proceed further. Subrogation never exists as to a mere mora.! or imperfect right. We The first authority I will cite on that point is one perhaps not a.lto- may illnstmte that in this way: A wea.lthy father might advise his gether unfamiliar. I quote from Blackstone's Commentaries, book son to enter into some commercial enterprise rerrarded as likely to be second, page 400. Speaking of the title by occupancy, and the prop- remunerative. The son, upon the advice of tge fat.her, enters into erty.as to which title by occupancy may be obtained, the commenta- the undertaking and perhaps insures the vessel in which he ships his tor says: cargo abroad. That vessel is lost. In that event would there be such It hath also been adjmlged that, if an enemy take the goods of a.n Englishman, a thing as subrogating the insurance company to the mora.! right which aro afterward retaken by another subject of this kingdom, the former owner which the father might feel to be his duty to reco~nize in reference shall lose his property therein, and it shall be indefeasibly vested in the second taker. to re-imbursing his son! Subrogation does not existm regard to moral That is, if these vessels have been taken by the confederate cruisers right. and retaken by another citizen of the United States, the title would These parties made their contract on the very basis that in case tho be indefeasibly vested in the second taker, and the prior owner's vessel was captured their spes 1'ecupera11di was gone. They made a title would be forever gone: war premium fit for that risk. They have neither in equity nor in law a right to claim anything more than any other citizen should claim. Unless they were r etaken the same day and the owner before sunset puts in his That is, if they have actually lost they shall be re-imbursed. ThB claim ofpro~. W~ch is agreeable to the law of nations a~ understood in the time of Grotius, even With regard to captures made at sea, which were held to be Treasury Department of the United States under n.U circumstances the property of the ca.ptors after a possession of twenty-four hours. has always denied that insurance compa.nies were entitled to subroga- The next authority I will cite in support of that propositionisHal- tion. In support of that I quote from page 133 of the Digest of De- cisions of the Second Comptroller, section 974: leck on International Law, page 866: Certain steamboats while impressed into the military service of the United States With respect to things taken by the enemy, the Rom3tll law considered them as were destroyed by fire, without any fault or negligence of the owners. The risks withdmwn from the category of legal ~elations during the period of ~e enemy's taken by the underwriters were liquidated and paill for, and claim by them, as sub- possession of ·them. If retaken by the1r former owner, they: became hlS by the re- rogated to all the rights of the assured, made under the act of March ;J, 1849, for the capture· but1 if retaken by the State, they were ·considercil as booty or prizes of amonnt thus paid; but it was held that the principle of equitable subrogation ap- war, th~· ori~nal right of property being extinguished by the intervening hostile plie, to property in action only; the right of property existed the same 76. I read from the opinion of Judge Story: after the illegal capture as before. The original ownEirshlp of the enemy is entirely divested by tbe captnro; and Dut the right of property did not continue to exist in the case of though a title good against all the world m:~.y not be convoyed to a neutral vendee these vessels captured by the confederates, because that capture was by the captors unless there be a regular condemnation as prize, or n. treaty of peace made in a state of war. I think, therefore, the Spanish ca e misled which confirms, lJy implication, the eA-isting titlo and state of things, yet this does not interfere with the general ri~h~ of t.he captors to sell the property or dis· to some extent the judgments of those who are usually so thoroughly pose of it as rightful proprietors jure oetli and possessors de facto. informed and for whose opinion we have such unbounded respect. 1876. CONGRESSIONAL RECORD- · HOUSE. 4219 We claim, then, that there was no municipal title left in any one such as an ordinarily-prudent business man would regard as justifi~ as to which there could be any subrogation. Then how does that able and necessary and warranted by the circumstances, he had a award stand 7 Just in this position: it was recovered for a breach right to make this payment and has a right now to his share of this of neutral duty, recovered by the United States against Great Britain, fund, because the Government owed to him this protection which he not upon any municipal title, but upon the national paramount title l1ad to provide for himself. of the United St.ates as a sovereign. Then what should be done with Or we might arrive a.t the conclusion by another way. If t.he doc- this money t The nation should be simply ancl fully just; if there be trine of subrogation-which as a legal doctrine does not exist in the one single dollar that should be paid back to Great Britain it should case-be recognized, it might be said ·to the insurance companies: go back there, because justice is our highest duty. But there is no "Why not subrogate one step further and make compensation t.o the evidence and no inference to be derived from anything that has trans- man who lost instead of him who made the moneyf Why not sub- pired in the present examination as to any injustice having been done rogate the man who re-imbursed you to your right f" But the true to Great Britain. We are to assume, as we would with reference to ground upon which to place this question is that of the correlative any court, that those who acted upon this case considered it care- duties of allegiance and protection; and these men were entitled to fully; that they were honest and competent, and that they rendered protection without pa,y ing their w~ premiums, so that they might .. judgment for no more than was right. Unless somebody establishes sleep soundly a.t night, as the honorable chair.man of the Judiciary affirmatively that the tribunal did givejud~ment for more than was Committee has stated. So that these two classes of claimants are destroyed, we owe no duties to Great Britam so far as that question entitled to their share of this fund, and entitled justly. is concerned. Then the third elMs which my amendment would leave provision · Then as to the claims of citizens, the fund is left in the possession at some future time for bringing in as a. separate element are those of the United States to be distributed to those who according to the who suffered actual physical or bodily loss in these transactions. He policy of the nation and the principles of natural justice would be who lost a hand or a limb is just as much a sufferer as he'who lost a entitled to receive it. The national policy is to encourage commerce. vessel, and ought to be re-imbursed just 08 much. Hence my amend- This fund is just as free for distribution aa are the vessels captured ment provides that after paying the two cL'1.8Ses to which I have ad- by United States men-of-war. The capture of any prize by a United verted, the balance shall remain in the Treasury to be distributed by States vessel during war vests the title in the United States; but we future congressional legislation to those other parties who have suf- have pa~ed <1ertain laws by which the Government distributes this fered direct losses from which the Government, if '1ble, should have as prize-money among seamen in recognition of the meritorious serv- protected them. ice of those whose valor ha-s won it. This is our policy with the view These are the views we have with reference to this whole transac- of maintaining energy, vigor, and gallantry in our Navy. tion: first, this money was recovered upon the paramount title of Now this fund stands in just the same relation. Here is property the nation, and upon no individual title; second, there was no mu- vested in the United States by virtue of her paramount title. It is nicipal or individual title in existenQe a.t the time of its recovery, and, her interest and her duty to distribute it to that branch of industry as a consequence from that, there can be no subrogation; and third, from which it has been derived. We desire to encourage commerce. the correlative duties of protection and allegiance require that that The Government invited citizens under her flag to go into all parts of class of men who suffered from these c~uisers, when others did not, the world. They rendered to her the duty of allegiance; she prom- should have this indemnity extended to them in order to repair their ised to them the correlative duty of protection. She really had en- loss, because we did not prevent them from suffering it. tered into the obligation to protect these parties who had invested in So we claim, then, this is the comse which should be adopted. We commerce and whose merchandise was destroyed or who were obliged stand as a sovereign, above every municipal law or technicality. We to pay war premiums. Then her duty is to perform that promise. own this fund simply to do right. The nation, according to the an- The promise was made as much to one as to another. The Gov~rn­ cient view of asovereign, was endowed with the right or prerogative ment is bound now, as I understand, by no kind of municipal title, of personal dignity. That is the special pre-eminence which the but is simply bound to do that which national policy, national honor, sovereign has above all other persons and the ordinary course of law or the principles of simple, natural justice may dictate. by right of sovereign dignity. We stand above the ordinary course Having invited her citizens to enter thus into commerce, which is of law to look upon this whole field in its full breadth, standing, as one of the great sources of our national wealth, it was the duty of it were, a-s the vicegerent of the Creator himself to do just what is the Government to protect that commerce. She was unable to pro- right and make whole every one who has lost in this transaction. tect it at that time because of the civil war. She has now recovered We are not to view it throngh any translucent medium of municipal a fund from which to furnish indemnity in lieu of the protection she law, but through the transparent ether of absolute distinct natural owed. justice. But it will be asked, "Why not give it to all our citizens or leave We ask this House, then, to adopt the amendments we have intro- it in the Treasury as a common fund t" Because these parties, in duced, so that instead of turning over to insurance companies who consideration of the invitation of the ·Government to enter into com- have alrea-dy made a large amount of money, or if they have not, the merce, risked and lost that which others did not. The parties who present law re-imburses all they have lost, leave it to those who have owned these vessels performed every duty that any other citizen per- suffered absolute personal loss or any other direct loss which may have formed ; but they ran this additional risk and incurred this additional been or may be shown to have taken place loss. The Government owed to them this additional protection, Mr. BLAND. I ask the gentleman from Pennsylvania to explain which it failed to give them. Hence they are entitled to be remuner- what is the difference between the proposition he advocates and the ated. Those who lost vessels which were not, as they say, incul- present law and the act of the last Congress. vated-but in my view of the case it is unimportant whether they were Mr. JENKS. The act of the last Congress only provided that those mculpated or exculpated, because there is no title to this fund in any whose vessels had been destroyed by the inculpated cruisers should re- citizen-those who lost vessels which were destroyed bythese cruisers ceive their pay-that is, by those they claimed or thou~ht had entered before they were inculpated were just as much invited to enter into this into the award-and also to pay insurance compames all the loss commerce as those that were destroyed by cruisers after they were incul- they had been subjected to both by the destroction of the vessels pated. We might take a. single illustration, the Delphine. Before the which were destroyed by the inculpated or exculpated cruisers in ex- Shenandoah passed into Melbourne she was alleged to be exculpated; cess of the war premiums. This goes further and provides for all ves- after she passed into Melbourne and came out she was inculpated. sels which were actually destroyed by the confederate cruisers. She destroyed the Delphine perhaps twenty-four hours before she Mr. LORD. On the high seas. went into Melbourne; and twenty-four hours afterward she de- Mr. JENKS. On the high seas, of course; and those who have paid stroyed another vessel. Now the duty of the Government toward the war premiums, that is, those who had to furnish their own protection owner of the Delphine was just as high as toward the other vessel. outside of that the Government was a.ble to give them. The balance, The right of proteotion was just the same in ea{}h case. Both par- I say, should remain for future disposition. ties had rendered the same allegiance; both incurred the same loss ; Mr. BLAND. Does it pay the actual loss to the war-premium men hence natural equity says that they should receive the same com- or what they have not been paid back f pensat.ion. Therefore I would from this fond make compensa.tion :Mr. JENKS. Of course this bill only pays the actual loss to war- to all those who actually lost ships and to whom the United States premium men. As I vi~w this, there is no right in any man to claim owed protection. any profit upon this whatever. It is only the loss which should be Then again, with reference to the war-premium claimants. The re-imbursed, because profit must be the result of le~al right, and, as honorable chairman of the Judiciary Committee, in his remarks on there is no legal right, !J.Othing but imperfect right for any one to go this su~ject, said that this war-premium business was a bet on their upon or moral duty, there can be claimed no profit by one man as part. Not at all; it was a contract, with all the rdations, provisions, against another in this distribution. • and incidents of a. contract. He says it was entered into in order Mr. MILLS. Did the insurance companies pay for the vessels which that the owner of the ship might sleep soundly a.t night. But the were destroyed by the confederate cruisers T insured gave his allegiance to his Government 'that he might sleep Mr. JENKS. They paid for some of them, and they claim the whole soun(lly at night. Perhaps he took his gun upon his shoulder and fund in consideration of having paid for them. risked his life that he might sleep soundly at night. Why, then, Mr. :MILLS. Do they claim the whole fund in consideration of should he be required to pay this additional sum that he might sleep having paid for part of them¥ · soundly at nightf For he has paid all tba.t anybody else had paid .Mr. JENKS. l<,or vessels destroyed by the'inculpated vessels which for the same thing. But it may be alleged that this was a voluntary they had insured. payment. If it was a voluntary payment and a reckless one, it would !tir. MILI.S. Do any owners of any of the vessels which had b~n not be justifiable to re-imburse him; but if itwasavoluntarypayment, insured and received their insurance claim any part of it f I 4220 CONGRESSIONAL RECORD-HOUSE. JUNE 28, Mr. JENKS. They do not, as I understand it. The SPEAKER pro tempore. The Clerk will read the amendments Mr. MILLS. Only those who were not im~ured! of the Senate. Mr. JENKS. Only those who were not insured are claiming any The Clerk read as follows: portion of the fund, as I understand it. After the word ''protection," in line 4, tnsert: Mr. JONES, of Kentucky. I should like to ~k the gentleman a "Not to exceed one thousand to said States, each, and not more than five hundred question. I understand the gentleman to have said in the course of to each of said TeiTiOOries." his remarks that at the time these commissioners met at Geneva, In line 4, after the words "shall be," insert the word "only." At the end of the joint resolution insert as follows: where they determined upon the amount due from the British gov- "Provided, however, Tbn.t said arms Rhall be issued only in the following manner ernment to the Government of the United States, these individual and npon the following conditions, namely: Upon the requisition of the governors claims had not been presented! of said States or Terrioories, showing the absolute necessity of arms for tlie protec- Mr. JENKS. I say the individual titles were not considered. It tion of the citizens and their property against Indian raids into said States or Ter- was only upon the paramount title of the nation they passed, and ritories· also that militia com panic are regularly organized and 1mder the control of said 'sta,te~ or Territories to which such arms are to be issued, and that such the1·e was no individual title before the tribunal. governor r governors shall give a good and sufficient bond for tho return of said .Mr. JONES, of Kentucky. But there must have been some consid- arms, or payment for the same, at such time as the Secretary of War may desig- eration of the various claims made. nate ." :Mr. JENKS. Only as to the value of the vessels. The amendments of the Senate were concurred in. ~Ir. JONES, of Kentucky. Before the amount was fixed bow did Mr. GOODIN moved to reconsider the vote by whlch the amend- thoy arrive at any amount which was supposed to be due from the ments of the Senate were concurred in; and also moved that the mo- government of Great Britain f · tion to reconsider be l..'tid on the table . .Mr. JENKS. They fixed it by the value of the vessels which were The latter motion was agreed to. actually ue!)troyed. M.r. LORD. And their cargoes. KANSAS INDIAN LANDS IN KANSAS. Mr. JENKS. Yes ; by the value of the vessels and cargoes de- Mr. GOODIN. I also ask unanimous consent to take from the stroyed. Speaker's table the bill (H. R. No. 1797) providing for the sale of Mr. JONES, of Kentucky. Did they not take into account indi- Kansas Indian lands in Kansas to actual settlers, and for the disposi- vidual claims t tion of the proceeds of the sale, with an amendment by the Senate, . Mr. JENKS. They never did; aa I understand it, they only took and to move that the Senate amendment be concurred in. into account the nation's claim by virtue of her paramount title, and There w~ no objection, and the bill was taken from the Speake1"s no individual title wa.s before that tribunal or could have been there. table. And there was no indit·idual title in existence to present there. That is The Clerk read the amendment of the Senate, as follows: what I have endeavored to demonstrate. Mr. JONES, of Kentucky. I understand that a grea~ many indi- beAt the end of the bill insert these words : "Provided, That no proceedings shall taken under this :wt until the said K.•msas Indians shall tile their assent thereto vidual claims have been admitted and agreed to be pmd. Now the with the Secretary of the Interior." gentleman contends, as. I understand hi~-for I did not hear ~11. his remarks-that if there IS a balance of this amount of fifteen rmlhons The amendment of the Senate was concurred in. and no further claims are admitted to be just and due, then it should Mr. GOODIN moved to reconsider the vote by which the amend- remain as belonging to the United States Government! ment of the Senate was concurred in; and also moved that the mo- Mr. JENKS. It would remain, provided there are no losses that tion to reconsider be laid on the table. the United States ought to compensate. The latter motion wa.s agreed to. The SPEAKER p1'0 tempore. The time of the gentleman from Penn- MRS. REBECCA WOLFF. sylvania has expired. Mr. ELLIS, by unanimous consent, introduced a bill (H. R. No. Mr. JONES, of Kentucky. Just allow me another question. Sup- pose there should be no claim and that a balance was left of four or 3802) for the relief of 1\I.rs. Rebecca Wolff, of Louisiana; which was read a first and second time, refeiTeu to the Committee on War Claims, ti ve mill ion dollars f and ordered to be printed. Mr. JENKS. It would belong to the United States, unless some S. A. KENDIG. other just claim thereto should appear. .Mr. JONES, of Kentucky. Does the gentleman hold that it should Mr. ELLIS also, by unanimous consent, introduced a bill (H. R . be covered into the Treasury 7 No. 3803) for the relief of S. A. Kendig, of Louisiana; which was Mr. JENKS. I hold nothing about that now, as the fact does not read a first and second time, referred to the Committee of Claims, yet appear. and ordered to be printed. .Mr. PIERCE obtained the floor and yielded to REPAVEMENT OF PENNSYLVANIA AVENUE. Mr. MILLIKEN, who moved that the House adjourn. On motion of Mr. BUCKNER, by unanimous consent, the bill (H. R. RELIEF OF MAIL CONTRACTORS IN TENNESSEE. No. 3411) authorizing the repavement of Pennsylvania avenue, and Mr. DIBRELL. The gentleman from Kentucky [Mr. MILLIKEN] amendments by the Senate, were taken from the Speaker's table and yields to me to ask unanimous consent to take from the Speaker's refeiTed to the Committee for the District of Columbia. table the bill (H. R. No. 3495) for the relief of the mail contractors DISTRICT TAX BILL. on route 19319 in Tennessee, with an amendment by· the Senate, and to move that the amendment of the Senate be concurred in. On motion of Mr. BUCKNER, by unanimous consent, the bill (H. R. There was no objection, and the bill, with the Senate amendment, No. 2676) to regulate the a-ssessment and collection of taxes for the support of the government of the District of Columbia, and for ot.her was taken from the Speaker's table. The SPEAKER pro tempore. The Clerk will read the amendment purposes, and amendments by the Senate, were taken from the Speak- of the Senate. er's table and referred to the Committee for the District of Columbia. The Clerk read as follows : ARSENAL GROUNDS AND BUILDINGS AT LITl'LE ROCK, ARKANSAS. In line 9 after the word '• States " insert "but the provisions of this act shall in no wiae interfere with, impair, or destroy or affect any claim, lien, or right, legal or The SPEAKER pro tempore, by unanimous consent, laid before the equitable, the United States may have against said McMinnville and Mancl;lester House a letter from the Secretary of War, transmitting a report of Railroad Company or its property, or the P.f?pertyp'?rchased by the Memp~sand the Quartermaster-General on the bill (H. R. No. 2:383) for the dis- Charleston Railroad Company; nor shall1t many Wl86 affect, emba.rrass, or mter- position of the arsenal grounds and buildings at Little Rock, AI·kansas; . fere with any suit the United States may have commenced or may hereafter com- mence oo enforce any contra.ct, right. or lien they have against the said railroad com· which was referred to the Committee on Military Affairs. panies, or either o£ them, or their property or that o£ either." LEAVE TO PRINT. The amendment of the Senate was concurred in. Mr. WILSON, of Iowa, aBked and obtained leave to have printed in Mr. DIBRELL moved to reconsider the vote by which the amend- the RECORD some remarks he had prepared on the appropriation bills ment of the Senate was concurred in ; and also moved that the motion of this Congress, in extension of the remarks made by him this morn- to reconsider be laid on the table. ing on the Army appropriation bill. [See Appendix.] The latter motion was agreed to. LEAVE OF ABSENCE. ISSUE OF ARMS. Leave of absence was granted as follows : Mr. GOODIN. I ask unanimous consent to take from the Speaker's To Mr. JAl\fES B. REILLY for three days on account of business; table the joint resolution (H. R. No.129) authorizing the Secretary <'1f. To Mr. LYNCH for three weeks; War to issue arms, with amendments by the Senate, and to move that To lli. BRADLEY indefinitely; the Senate amendments be concurred in. To Mr. McDILL for one day; 1\Ir. ATKINS. I reserve the right to object until I hear the resolu- To. Mr. HEwiTT, of Alabama, for twenty days; tion and amendments read. 'I'o Mr. HAl\IILTON, of New Jersey, for seven days; and The SPEAKER p1·o tempore. The Clerk will read the joint resolu- To Mr. DuRHAM for ten days. tion. The Clerk rea-d as follows : WITHDRAWAL OF PAPERS. Be it resolved, &c., That the Secretary of War is hereby authorized to cause to Mr. ANDERSON asked and obtained leave to have withdrawn be issued oo the Terriooriel! ancl the States bordering thereon such arms as he may from the 'files of tbe House tho papers in the case of Jnlius S. Bobrcr. deem llcccssaa·y for their prowctiou : Provided, That snch il'lsnes shall be from arms owned by the Government which ha.ve been superseded and no longer lilsued oothe Tile motiou of M.r. MILLIKEN wati then ag1·eetl to; aml accor1lingly Army. (at four o'clock and thi.rty minutes p.m.) the House adjourned. 1876. CONGRESSIONAL RECORD-SENATE. 4221 PETITION. The PRESIDENT pro tempo're. The petition will be read, if there The following petition wa.s presented at the Clerk's desk und~r the be no objection. rule, and referred as stated: The Chief Clerk read as follows: By Mr. THOMAS: The petition of John H. Tolson, of Maryland, To the Senate and House of Repregentatives of the United States of America in Oon- for indemnity for the loss of the schooner Ann and her cargo, sunk gregs tusembled : in the Patap~co River by colliding with the United States steam-tug The undersigned, your petitioners, ~espectfully represent, that at a reunion of Robert Leslie, to the Committee on Commerce. the soldiers of the war of 1812, at Pans, Kentucky, on the 19th day of June, 1876, the following soldiers of said war were present: Jeremiah Duncan aged 84, Fmnk Hardesty 86, E. Pendleton 87, Hamilton Wil- son 84, William Wri~ht 93, and James Renick 82, Bourbon County; Robert Car· rack aued 81, Gener:u Leslie Combs 82, Dr. J. G. Chinn 79, and Robert M. Camp- bell83~Fayette County; Lewis H. "Ba~l aged 82, Georp:~ Blake 81, Colonel W~a!ll IN SENATE. Hamilton 84, Samuel Rogers 87, and Gileaa Evans 81, Nwholas County; BenJa.mm Moore aged 85, William Harris 85, A. Edelman 85, G. H. Perrin 81, J. R. Curry 87, Michael Goodnight 80, and Joseph Stone 85, Harrison County; Robert McFarland THURSDAY, June 29, 1876. aged 82, and Theopbilus Hendricks 85, Bath Cotmty; Danie1 Priest aged 81, and Moore Johnson 81, Mont~omery County; Leonard Beall aged 80, James Chism 89, Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. and John Martin 79, ClarK County; George Davis aged 81, M!lrcer County; E. P. The Journal of yesterday's proceeilings was read and approved. Hudnut arred 82, John Lamb 85, Peter Lashbrook 83, and Sqmre J. McCarthey 85, HOUSE BILLS REFERRED. Mason Co~ty; Samuel Jones aged 84, Fleming County; John Portwood aged 88, Jessamine County ; Innis B. Payne a~ed 83, Campbell County ; Thomas Casey aged The following bills from the Honse of Representatives were sever- 79, Pendleton County; B. Calvin agoo 85, Bracken County; Joshua Webb aged 84, allyread twice by their titles .and referred to the Committee on Public Madison County; S.M. Berry aged80, Scott County; W.W.Allen aged gj, Frank- lin County; Hosea Paul aged 85, and Goorge Adamson 85, Aberdeen, Ohio ; ChaTles Lands: Warren aged 88, Kearney, Missouri. A bill (H. R. No. 1984) to provide for. the sale of certain lands in That in pursuance of a resolution unanimously adopted by said body, your peti- Kansa-s ; and tioners were appointed a committee to urge upon Congress the propriety of taking A bill (H. R. No. 2284) to amend section 2324 of the Revised Stat- some speedy action in relation to granting pensions to the widows of the soldiers of the war of 1812, and also to embrace sucn soldiers as were excluded by the former utes, concerning mineral lands. act of Congress. The following bills from the House of Representatives were sever- All of the surviving widows of the deceased soldiers of said war are very far ad- ally read twice by their titles and referred to the Committee on In- vanced in years and cannot, at the most, long survive. Many of them, too, are in dian Affairs : a very neeily condition, and the small sum proposed to be given them as a pension would render great assistance to them in their declining years. A bill (H. R. No. 3797) to amend section 2139 of the Revised Stat- Your petitioners, therefore, in behalf of the above-mentioned widows, earnestly utes; and request thn,t your honorable bodies will speedily pass the bill (H. R. No. 2454) for A bill (H. R. No. 3799) authorizing the Secretary of the Interior to amending the laws granting pensions to the soldiers and sailors of the war of 1812, deposit certain Indian funds, to be used by the Secretary of the and t.hcir widows. Your petitioners further request that Congress will speedily allow the back pen- Treasury in payment o£.6 per cent. United States bonds. sion of Gen('lral Leslie Combs from the 5th of May, 1813, the date of his disability, . The bill (H. R. No. 3791) to remove the legal and political disabili- up to the 22d day of December, 1833, the time his pension began by special act of ties of Wllliam A. Webb, of Virginia, was read twice by its title, and Congress. referred to the Committee on the Judiciary. And your petitioners will ever pray, &c. J. G. CHINN, The bill (H. R. No. ln16) to regulate the issue of artificial limbs to JOHN MARTIN, disabled soldiers, seamen, and others was read twice by its title, and JEREMIAH DUNCAN, referred to the Committee on Military Affairs. Committee. EXECUTIVE COMMUNICATION. Mr. INGALLS. The petition presented by the Senator from Ken- The PRESIDENT pro tempore laid before the Senate a communica- tucky might possibly leave upon the Senate the impression that the tion from the Secretary of War, transmitting a report of General 0. soldiers of the wa.r of 1812 n,re not now admitted to the pension-rolls. 0. Howard, commanding the Department of the Columbia, upon Sen- Every soldier who served sixty days in that war, and every surviv- ate bill No. 453, to authorize the Vancouver Water Company to lay ing widow of a soldier who was married prior to the treaty of peace, water-pipes through the Fort Vancouver militn,ry reservation, and is already entitled to a pension under the law now in force on that Senate bill No. 536, granting the right of way through the public subject. The bill of the House of Representatives to which the peti- lands over the Blue Mountains, in the State of Oregon; which was tion refers has already been reported by the Senate Committee on referred to the Committee on Public Lands, and ordered to be printed. Pensions and is now upon the Calendar. I therefore move that the PETITIONS AND MEMORIALS. \ petition lie on the table instead of being referred. The motion waa agreed to. Mr. DAWES presented the petition of Ed win Rogers, postmaster at North Adams, Massachusetts, praying the passage of a law relieving CREDENTIALS. him from liability for the amount of cert:tin postage-stamps alleged The PRESIDENT pro tempo-re. The Chair also ha.s the very agree- to have been stolen from his office in May, 1876, without any careless- able duty of laying before the Senate the credentials which will be ness on the part of himself or his clerks; which waa referred to the read. Committee on Post-Offices and Post-Roads. The Chief Clerk read the credentials of HENRY B. ANTHoNY, Mr. MORTON presented the petition of A. H. Hamilton, a citizen of elected by the Legislature of the State of Rhode Island a Senator Indiana, praying that the road from Monroe post-office, Adams from that State for the term beginning March 4, 18i7. County, Indiana, to Salem, Adams County, Indiana, be declared a The credentials were ordered to be filed. post-route; which wa-s referred to the Committee on Post-Offices and Post-Roads. REPORTS OF COMMITTEES. Mr. STEVENSON. I rise, Mr. President, to perform this morning Mr. HARVEY. I am instructed by the Committee on Public Lands, a most grateful duty, touching a subject peculiarly appropriate ns to whom wa.s refeTred the bill (H. R. No. 566) granting relief to Mrs. I think to the centennial year of American Independence. Sarah Spaulding, of Bay City, Michigan, to report it without amend- The surviving Kentucky soldiers of 1812 are in the h!l>bit of meet- ment, and ask for its present consideration. ing together at some spot in that Commonwealth once during every The PRESIDENT pro tentpore. The bill will be read for informa- year for social and personal communion. To them this reunion is an tion, subject to objection. occasion full of interest and :filled with mellowed memories. A few The Chief Clerk read the bill. days ago forty-five of the remnant of this brave band, who sixty- :Mr. EDMUNDS. That matter ought to be explained, at least, the four years ago fled to the rescue of the northwest frontier of this bill still remaining subject to objection. country, met at Paris, Kentucky. Of that number there were but Mr. HARVEY. A report accompanies the bill, and also an affidavit. two or three who had not exceeded the preseribed limit of man's I ask for the reading of the report. allotted four score years. Mr. EDMUNDS. Let us hear the report read, the bill being yet The paper which I hold in my hand contains the name and age of subject to objection. every old· soldier present at their last meeting and exhibits the inter- The Secretary read the following report, submitted by Mr. CROUNSE esting fact of their remarkable longevity. from the Committee onPublicLandsof the House of Representatives On the occasion of ' their late reunion these veterans passed resolu- February 18: tions asking Congress to consider the propriety of speedy action upon The Committee on the Public Lands, to whom was referred the bill (H. R. No. a pending bill extending pensions to the surviving soldiers of the 566) for the relief Mrs. Sarah Spaulding, of Bay City, Michigan, would report: war of 1812 not now provided for by existing law, and also to embrace That in the spring of the year 1862 Lovel F. Spauldin~. then husband of Sarah the widows of such as are dead who are not now upon the pension- Spaulding, desirous of possessing himself of a small 1sland of some six acres, list. They appointed J. G. Chinn, John Martin, and Jeremiah Dun- supposed to be undisposed public land, applied to the proper land office at Mar- quette, Michigan, with a view to securina it. He was advised by the register, as can, venerable men of the highest worth and personally known to appears from that officer's letter, dn.ted May13, 1872, that the same was not subject me, to bring their action before Congress. It gives me pleasure and to purchase, but was open to entry under the pre-emption and homestead laws. I esteem it an honor to do so. He thereupon filed his application, paid the required fee, as is shown by the ~·~­ In a few years these brave men and women who have as yet never ceiver's receipt of May 25, 1872, went upon the land, cultivated a portion of it, and built a house thereon. Love! F. Spaulding died in November, 1872. Sllbse- been placed upon the pension-list will have passed away. Let their eyes quently thereto, and in the year 1873, it was discovered that for this same pieco of not close without some recognition of their services by their country. lancl a patent had boon i ued to other parties, and that Mrs. Spaulding, as the I present their petition, which I ask may be read, and I trust that representative of her la.te h11sband, could maintain no rightful cl:.tim to it. There Congress will accede promptly by appropriate legislation to there- is nothing disclosed anywhere which impeaches the good faith of tho said Spauld- ing, or his widow, in the effort to secure this land by settlement under the home- quest of the petitioners. stead law. On the contrary, the correspondence of the local land officers, as well 4222 CONGRESSIONAL RECORD-SENATE. JuNE 29, as th:1t of a. former Commissioner of the General Land Oflioo, show that it was He also, from the same committee, to whom was referred the peti- the understanding of all that the land was open to entry and through the repre- tion of John G. ·walker, of Texas, pra.ying for the removal of his sentations of t.hose officers Spaulding was induced to settle and build upon it. This is further confirm d by a recent letter of the Acting Commissioner of the Gen- political disabilities, reported a bill (S. No. 953) to remove the polit- eral Land Office to the committee, in which he concludes as follows: "It would ical disabilities of John G. Walker, of Texas; which was read, and seem from all the facts, as herein shown, that he (Spauldinrr) was misled in mak- passed to the second reading. ing the said en?'Y by false representation as to the status of the land, inadvertently Mr. MITCHELL, from the Committee on Claims, to whom was re- made both by th1s and the local offices " In view of these fact.s, compensation shou1d be ~ven for the value of the im- ferred the bill (H. R. No. 890) for the relief o.f Randall Brown, of pro,ements made at least. Of such value there l8 no deftnite evidence, but the Nashville, Tennessee, reported it without amendment. committee thinks that $500 would not be extravagant, and it recommends the pas He also, from the same committee, to whom was referred the peti- sage of \he bill allowing that sum. tion of Thomas B. Wallace, of Lexington, Mi.ssouri, praying compen- Mr. ED~IDNDS. As I am opposed to the principle of all bills of sation for property destroyed by the Army under orders from n. mili- this cha.mcter-- tar.v commander, reported a bill (S. No. 955) for the relief of Thomas Mr. HARVEY. There is an affida,vit, which I ask may be read. B. Wallace, of Lexington, in the State of Missouri; which was read, The PRESIDENT pro ternpore. The Sen a,tor from Kansas states that n.nd passed to the second readin~. there is another pa,per, an affidavit, which will be read if the Senn.tor Mr. HAMLIN, from the Committee on Post-Offices and Post-Roads, from Vermont will yield for tha,t purpose. to whom was referred the bill (H. R. No. 2684) to amend sections 246 Mr. EDMUNDS. What I was going to sa,y to save time was to ask and 251 of the act entitled "An act to revise and consolidate and to ha,ye this bill go over; but I will first say one word, and tha,t is amend the statutes relating to the Post-Office Department.," approvecl thn.t I do not believe on any just principle the United States or any June 8, 1872, as amended by the twelfth section of the act en~led other government can stand the effect of adopting the principle that "An act making n.ppropriations for t,be service of the Post-Office De- where through the negligence of some of its ten thousand agents a partment for tho fiscal year ending June 30, 1875, and for other pur- party makes a mista.ke in respect to the title of land that he enters, poses," approved June 23, 1874, and for other purposes, reported it we a,re to be responsible as a government for it. There are a gren.t with amendments. many questions connected with railroads and with Indians that may Mr. CRAGIN, from the Committee- on Naval Affairs, to whom was trouble us if that principle is once acceded to even in the sma,llest referred the bill (S. No. 480) to authorize the Secretary of the Navy and hardest case, and I concede this to be one of that kind, and I to dispose of unserviceable material, and for other purposes, reported should be very willing, if I had any money, to subscribe to help out adversely thereon; and the bill was postponed indefinitely. the party. But if we admit the principle tha,t the United States is Mr. CHRISTIANCY. I am directed by the Committee on theRe- bound to make good all mistakes and misunderstandings about the vision of the Laws, to whom was recommitted the bill (S. No. 909) to condition of the public land, we shall .find our feet entangled in the correct an error in section 1588 of the Revised Statutes, to report a claims of sundry railroads and shall be led we know not where, or new bill on t.h e subject. It is in reference to the pay of retired officers rather I think I know where, and that is to a very bad end. I sup- of the Navy. I reported it the other day, and withdrew the report at pose, however, that the Senat.e out of its consideration for this case the suggestion of the Senator from Iowa, [Mr. WruGnT.] I ask .for will pass the bill, and I do not intend to try to prevent its passage, its immediate consideration. I called the attention of the Senate to because I suppose it would be useless to do so; but in order that.the it before. It is simply changing the words "sea-pay" to "highest record may show my own attitude on this subject for the benefit of pay," which mistake wn.s made in copying the law into the Revised my own constituents, I ask that the bill may go over until to-mor- Statutes. row. The Chief Clerk read the bill, aa follows : The PRESIDENT p1·o tempore. The Senat-or from Vermont objects A bill (8. No. 954) to amend section 1588 of the Revised Statutes in reference to. to the present conside!'ation of the bill. One objection carries it over. the pay of retired officers of the Navy. :Mr. OGLESBY. Will the Senator from Vermont allow me to make Be it enacted, cfc., That section 1588, tiUe 15, chapter8, of the Revised Statutes, be, and the same is hereby, amended so as to read as follows: one or two remarks Y SEc. 1588. The pay of all officers of the Navy who have been retired after forty. Mr. EDMUNDS. Certainly. five years' service aft{}r reachmg the age of sixteen years, or who have been or Mr. OGLESBY. If the-Chair will indulge me, I desire to say that may be retired after forty years' service upon their own application to the Presi- the Committee on Public Lands have not been anxious at :my time dent, or on attaining the age of sixty-two years, or on account of incapacity result- ing from long and faithful service, from wounalue MESSAGE FROM THE HOUSE. for any amount in any one payment, except for customs dutiet4 and interest on the A message from the House of Representatives, by Mr. G. M. ADAMs, public debt, and shall be receivable in payment of all dues to the United Stat-es ex. · its Clerk, announced that the House had concurred in the amend- cept duties on import..s. ments of the Senate to the following bills and joint resolution: Mr. EDML~DS. I rise to make a motion about this bill. Referring A bill (H. R. No. 1797) providing for the sale of the Kansas Indian to proceedings which have occurred in another place, I will say in lands in Kansas to actual settlers, and for the disposition of the pro- order to be parliamentary, I think the wise thing to do, after tho ceeds of the sale ; light we have got.from the discussion of this subject, is to recommit this A bill (H. R. No. 3495) for the relief of the mail contractors on route bill to the Committee on Finance, in order that, in connection with ly319, in Tennessee; and what has been done in another place and bas come over and is now A joint resolution (H. R. No.129) authorizing the Secretary of War on the table, they may reconsider this whole subject and present us to issue arms. a bill which I cannot but hope will be satisfactory to everybody. The message also announced that the Rouse had passed the bill (S. Therefore, Mr. President, I move to recommit this bill to the Com- No. 336) to authorize the construction of a ponton-bridge across the mittee on Finance, in order that. they may have the whole subject, Mississippi River from some feasible point in La Crosse County, in with the House bill that I understand has come over which involves IV-265 4226 .CONGRESSIONAL RECORD-SENATE. the same general considerations, before them. Let them perfect a ble and perhaps consolidate them; but I merely wish it understood measure on the whole subject, and report in a way that we shall be by the Senate when the bills are referred, to which course I have no able then to understand and have decisive action npon the matter. objection, that the committee will report them back as soon as prac- Mr. SHERMAN. I shall have no objection to the proposition of ticable to the Senate after action by the committee. I do not pre- the Senator from Vermont, except that the Committee on Finance sume there will be any disposition not to do that; but inasmuch as have considered every phase and branch of this question. If any there is not a full committee here action might be objected to unt:r1 member of the Committee on Finance really thinks any new light we should have a full committee. I do not want delay. I only want can bo thrown on the controversy, I shall make no objection to the an understanding. recommittal; and there are members of the committee present. I do Mr. SHERMAN. I have heard that our absent members will be not believe myself that a further examination by the Committee on here this week. Finance, especially in the absence of two of its prominent members Mr. LOGAN. I hope so. I have no objection t.o the reference, but from the city on businesa of the Senate, would be of any avail. The I want it understood that it is to be reported back as soon as possible. bill as it now stands before us rep:resents ·the will of the Committee The PRESIDENT pro tempore. The question is on the motion to on Finance as near as it can be got at, and if the report of that com- commit. mittee could have any influence upon any Senator, certainly the fact Mr. CHRISTIANCY. I wish to be heard on that motion. that we have gone jnst as far in favor of those who want to issue sil- The PRESIDENT pro tempore. On committing the House bill f ver money as it is posaible to do, as it is prudent to do, or as it is Mr. CHRISTIANCY. If the motion is simply to refer the House politic to do, ought to weigh with members of the Senate who have bill, I have nothing to say; but if the motion is to refer the pending not examined the matter 1:10 fully. Now, therefore, unless some mem- bill I desire to be beard. -ber of the Committee on Finance desires to reconsider his action on Mr. FRELINGHUYSEN. I understood the motion of the Senator this matter I do not see any use of referring it again. fr.om Ohio to be to recommit the pending bill and the House bill also. Mr. FRELINGHUYSEN. Mr. President, it seems to me that it is I make that motion, if he did not. ad vi sable that this subject should not be pressed to a vote at this time. Mr. EDMUNDS. It must be so, because my motion was to recom- As I understand it, the House of Representatives have sent us a bill mit the pending bill. . making the silver dollar a universallegal tender, except for duties on Mr. CHRISTIANCY. I wish, before this matter goes to the com- customs. We have been levying our customs duties in gold on the mittee, to say a few words upon a substitute which I had the honor pledge that our securities were to be paid in gold. This seems to be to offer the other day for the Senate committee's silver bill, so that not in harmony with that action. At all events, this is the most im- the substitute may go to the committee with the other bills and portant question that has been before the Senate at this session. We pending propositions. have just postponed a question involving some twelve or fifteen thou- Mr. President, a great .deal has been said of late in this country sand dollars because the· Senate was not full; we have a bare quorum and a great deal of nonsense uttered in reference to money as a meas- here; and I' certainly think the interests of the country require, ure of value. And those who consider it only as a measure of value whether this subject is referred to the committee 01: not, that we shall have compared it to a yard-stick-to which my friend the Senator have a full Senate present when it is acted npon. from Indiana humorously referred yesterday-and have drawn t.he Mr. MORTON. I think under the circumstances this bill ought to conclusion that because it makes no difference what the yard measure .be recommitted. .T he first section of the amendment reported by the is made of, so that its length remains the same, so it can make no clif- committee, and especially the amendment proposed by the Senator ference of what substance money js composed, so that it has the value from Missouri, involves considerations of a most important character, stamped upon it bythelawwhich shall compel its acceptance as money looking as I believe to a total change in our financial system, look- or in the place of money; and that paper, leather, or wood might be ing as I believe, iu substance, to the establishment of a new dollar, made to circulate permanently as money at any value the Govern- worth from fifteen to twenty cents less than the dolla,r now estab- ment might see :fit to stamp upon it. And if it were true that money li hed by Jaw; and, as I think the subject is imperfectly understood, is only a measure of value, this might also be true. But the experience I believe it will be better to recommit the bill again to the commit- of the world has shown what every man of ordinary reasoning powers tee. and in his normal condition cannot fail to discover, t.ha.t nothing can There is another bill now on our table which makes a silver dollar, long be recognized as money which is, not at the same time, an equiv- worth only S.ll cents or 82 cents, a legal tender in payment of all pub- alent as well as a measure of value; and therefore that nothing can lic and private debts, a change so important and momentous that we of itself be made actual money which has not, by the very material are hardly able to comprehend it. It is not a question whether we of which it is composed, a real and equal value in the market Sijide will resume specie payments on the 1st of January, 1879, or at any from and beyond its mere use as money. Anything which has snch other time. No question of that kind is involved; but it is simply a value independent of its use as money might be used to some extent .question as to whether we shall change our dollar, whether we shall as money, But to make it proper for use as money, its value com- start upon a new system fundamentally. I shall therefore vote to pared to the weight, quantity, and portability of the material muRt recommit the bill. be such as to meet the convenience of tJo.de and commerce; and the Mr. CHRISTIA.NCY. Mr. President- material should at the same time be_.as little liable to fluctuation in Mr. SHERMAN. I was about to say that I have consulted one or value as possible. Nothing meets these requisites so well as the pre- two members of the Committee on Finance, and as a bill on the sub- cious metals, gold and silver. And if paper or mere promises to pay ject has come from the House of Representatives, I ask that it be re- also circulate as money, its value will always be in proportion to the ferred. probability of its conversion into such metallic money at the will of The PRESIDENT pro tempore. If there be no objection, the Chair the holder, since the paper as such is of no practical value. wiH lay before the Senate the action of the House of Representatives If the relative value of gold and silver to each other was or could .on the joint resolution referred to. be made :fixed and permanent, there would be no difficulty in making The Chief Clerk read as follows : both a standard or measure, and at the same time an equivalent of IN HOUSE OF REPRESENTATIVES, June 28, 1876. value, and no confusion would arise from the double standard. But Resolved, That the House noB-concur in the first amendment of the Senate to the this relative value is not, and cannot be made, permanent It is con- joint resolution (H. R. No. 109) for the issue of silver coin . stantly fluctuating, and a very small fluctuation, say to the amount .Resolved, '.rhat the House concur in the second amendment of the Senate to said of a quarter of 1 per cent., will often, as to large sums, lead to spec- joint resolution, with an amendment, as follows: Add to said amendment- ulations, disturb the steadiness of the moneymarket1 and lead to the SEC. 3. That, in addition to the amount of subsidiary coin authorized by law to be issued in redemption of the fractional currency, it shall be lawful to manufacture exportation of one or the other metal. at the several mints, and issue through the Treasury and its se>eral offices, such Either of these metals might be made the standard and measure of 'coin to the amount of 20,000,000. value. And if now starting de notJo, this Government might make SEC. 4. That the silver bullion required for this purpose shall be purchased, from silver the standard instead of gold, though it is less portable, and time to time, at market rate, by the Secretary of the Treasury, with any money in the Treasury not otherwise appropriated; and the resulting coin may be issued in therefore less convenient in any large commercial transactions. Tlli ·the orilinary disbursement of tho Treasury; but no purchase of bullion shall be consideration naturally gives, anll should givt>, the preference to gold, made under this act when the market rate for ~he same shall be such as will not unless by the law of supply and demand its real value, as compared admit of the coinage and issue as herein provided without loss to the 'l'reasuryci· to other articles or things of value, is much more variable than that . and any gain or seigniorage. al'isin"' from this coinage shall be aooounted for an .paid into the Treasury, aa provide8 under e:ristina laws relative to the subsidiary of silver. Now both are, no doubt, variable in this respect; bnt I 'coinage : Provided, That the amount of money at any one time invested in such think upon the whole that of gold has not proved more so than that silver bullion, exclusive of such resulting coin, shall not exceed 1,000,000: Ancl it of silver for a long series of years; and that therefore its greater con- is jurthtrfrotJide~ That the Secretary of the Treasury is directed to authorize the coina~e o the standard silver dollar of the valne, wei~ht, and fineness in use Jan- venience and portability in comparison to vaJ.ue, makes it the prefer- nary 1. 1861 ; and said dollar shall be a full legal tenner in payment of all debts, able standard for a commercial nation like ours. public and private. .As the law no\v stands silver coinage is a legal tender to the amount I Mr. SHERMAN. As it is manifest that those amendments must be of only $5 ; gold is the standard and measure of value and a legal referred to the Committee on Finance, I think now the bill and all tender to any amount·. And a double standard of value of silver and had bef.ter go together. I am perfectly willing to agree to the mo- gold, each independent of the other, and without making the value tion of the Senator from Vermont that the pending bill be referred of the one dependent upon the ratio of value it may bear to the other to the Committee on Finance, to be reported back as early aa possible. in the markets of the world, could be productive of nothing but chaos. The PRESIDENT pro tempore. It is moved that the pending bill I take it for granted, therefore, that gold, the ~old coinage of the United be recommitted to the Committee on Finance. States, will, and ought to, continue the legal standard and measure of · Mr. LOGAN. Of course I know the· intention is to g~t the bill values. The standard of our silver coinage, by which I mean its weight before the committee and perfeet the two measures as much as possl- and fineness and its nominal value as now fixed by law, is far above 1876. CONGRESSIONAL RECORD-SENATE... its real, comparative, or market value as compared to the gold stand- the principle of market value of silver as compared to gold, and 4227 ard fixed by law for our gold coinage. For obvious reasons this stand- making the silver a legal tender according to that value, would be ard of silver coins and their nominal value were purposely fixed unobjectionable and in every way practicable in all great centers of slightly above the real value at the time the law fixing its value was business and in all the marts of trade. All business wouM readily passed. But from the greater demand for gold, the increased supply of adjust itself to this standard. But for the people generally, not silver, and the fact that Germany has lately in effect demonetized accustomed to deal in money or to receive or pay it often or in large silver, and from various other causes, silver has of late been getting sums, and who, therefore, would not be well posted as to the market of less and less value as compared with gold, until it has now reached value or the data and modes of ascertaining or calculating the value a point of depreciation about equal to that of the United States notes upon that standard, some frequent and authoritative determination or greenbacks, or a little less, say about 14 or 15 per cent. and declaration of such market value of tho various silver coins And now, when in my view-which seems t.o me to be also the gen- should be made upon which they could rely, and upon which they eral senae of the nation-nothing like permanent prosperity can be could make their own calculations. This wouJd involve the necessity hoped for until the resumption of specie payments, and no step has of having such authoritative determination and declaration made been taken to fund the green backs or to redeem them by an issue of and published at comparatively short periods to keep up with the bonds at a low rate of interest and on long time, which, in my opin- fluctuations of the market value. And, as already shown, Congress ion, is the speediest means of reaching resumption and of bringing could not thus determine and declare this by law oftener than once the greenbacks up to par-it is quite apparent to my own mind that in a year, at the most. But great fluctuations might take place with- resumption without such funding of the greenbacks, cannot be brought in the year. And to prevent great disturbances and speculations in about by the time now fixed by law, if we are to rely upon gold the money market and great injustice and inequality, especially in alone or upon that and such aid as may be got from silver under the payment of large sums-if silver is to be made a legal tender for the present or any limitation of the amount for which it is or may all amounts-a more frequent adjustment of the nominal to the real be made a legal tender ; and that to acccomplish the desired result or market value would be required, a sliding scale graduated to much silver must,, in some way, be made a legal tender without limitation shorter periods than yeal'8. as to. amount: and this must be done in some way without making Now, it is the principle I have been endeavoring to explain and the it the st.anda.rd of value as we have made guld-in other words, with- plan or method of carrying it into effect, together with the alterations out adopting a double standard. This manifestly cannot be done by of the original bill incident to this principle and plan, that constitute making the silver coins, at their present standard or nominal value, a t'he distinctive features of the substitute. I offer this substitute and le~al tender for an unlimited amount or any very large amount, for ask that it may be read as part of my argument, remarking here th1s standard or nominal value is too far above its real or ma-rket that the whole principle of the substitute is to be found in the third, value ag comp~tred with the gold coin, which is the standard of real fourth, and seventh sections, the others being added only to cover valne; and it cannot therefore be m~de a legal tender for any very the whole field covered by the bill to which it is a substitute. large snms without great injustice, nor without an overwhelming The ·PRESIDENT p1·o tmnpore. The proposed sub~:~titute will be tendency-by a law superior to any law of Congress-to expel gold read. from general circulation: because no one will pay in gold, which costs The Chief Clerk read as follows: him more, when he can pay in silver, which costs him less in the mar- That the silver coins of the United States now ft.nthorized by law, of the denom· ket; and the gold would, therefore, be exported, except so far as a ina.tions of fifty centa and twenty-five cen&s. shall be a legal tender at their nom. clemand might be kept up for it for the payment of duties required inal value for any amount not exceeding $10 in any one payment, and the silver coins of the United States of a leM denomination than the foregoing shall be a le~al by law to be paid in gold; n.nd the difficulties in obtaining even this tender nt t.heir nominal value for any sum not exceeding $5 in any one payment. amount wouJd be greatly multiplied. SEc. 2. That there shall be coined at the Mint of the United States a eilver dollar There are several methods by which this difficulty might be over- of double the weight bnt of th£1 Yme fineness and standard as the half dollar now come. One of the most obvious would be to improve the standard of authorized by law, which shall be a legal tender to any amount not exceeding 110 in any one payment. our silver coinage; that is, by putting more silver into each piece of SEc. 3. That the gold coinage of the United States &hall remain, as at present, silver coinage, so as to make its real comparative value abont equal the standard and measure of valuell and a legal tender in payment of debts; bnt to the gold standard. But there are two difficulties in the way of this from and after t h e - - day of ....---, 1876, tbe silver coins of the United Sta.tes, remedy: first, that it would involve the necessity of calling in our of denominations of not less than twenty.five cents, and sih'er bullion, in bars duly stamped at the United States .Mint, with a stamp showing their weight and fineness present silver coinage and recoining it: and, second, that when the as hereinafter provided, together with the trade-dollar now authorized bv law, shall standard of comparative value to 'gold should be thus fixed by act of be a legal tender in payment of all debt~. according to the market value of such Congress, it could not remain permanent for nny defined period; for, silver coins and bnllion as compared with such gold standard. And for t.be pnrpol!e by the laws of trade, of supply and demand, which are as independ- of determining and declaring ancb market valne the Secretary of the Treasury, the Treasurer of the United States, and the Director of the Mint a.re herebv COil· ent of the Jaws of Con~ress as the laws which control the winds and atitnted a board to be known as the board of silver valuation of the United States,. the weather, this relative or comparative value of silver to gold will which shall have the power to determine and declare snch relative value. continue to fluctuate, regulated only by the ma,r ket, and, as that may SEc. 4. That it shall be the duty of the said board. at a period not more than five be greater or less than the comparative value as fixed by act of Con- nor leas than two days before the beginning of each succeeding rpontb, to deter- mine and declare such market valne and the market value of fine silver per ounc& gress, the one or the other will be hoarded or exported, as speculators troy in United States gold coin, and thereupon forthwith to cause their determin&- and money-brokers may find it for their interest. It is this which tion to be transmitted to every assistant treasurer of the United States and to each opens the field for speculation by which fortunes are made, all or collector of customs and of internal revenue, and to be pnblished in atJeast one of the principal daily papers in the city of Washington for at least three sncoossive nearly all of which must come from the earnings of the honest labor- days. and alike publication to be made in some daily newspaper, if any, and, if llot, ing population of the country; and by this the equilibrium of the then in some triweekly or weekly newspaper, in the principal commercial city of financial system and of the currency is constantly disturbed. These each of the United States and in each of the organized Territories; and said bOard fluctuations are so frequent and of such perpetual occurrence that acts are authorized to use the telegraph for transmitting such determination, and re- quired to do so when by the due course of mail more thAn two days would be re- of Congress undertaking to adjust the relative value of the two metals quired for such transnussion. And the relative value at which such silver coin and can never afford anything like an effectual remedy. And any remedy bullion shall be received as such legal tender for the succeedin~ month, bepnnidg- by altering the standard of coinage, so as to adjust the nominal value with the first day thereof, shall be the value thns determined and deolareo. And of the silver coin to-the real or market value, besides being necessa- the publications of such determination, as herein provided for, shall be pri:mcjaeie evidence of such determination and of such valne. And such board shall keep a rily imperfect, involves the necessity of calling in the coin already in record of aU its transactions and determinations; and a certified copy of such rec- circulation and receining it, an operation which would be worse than ord for any'month ahowinl! anch determination, and signed by any member of the the evil to be remedied. board and.attested by the seal of the Treasury Department., which said board .are It is true that Congress might at each session-but, considering the hereby required to pve upon request, shall be conclusive evidence of such deter. minatlon and of such valne. · delays in practical legislation, not oftener-fix the stanqard of com- SEc. 5. That the Secretary of the Treasury is hereby authorized to exchange •ny parative value at the then market value; and this would be very of the silver coins of the United States herein above mentioned at their nominal clearly a legitimate mode of exercising the .constitutional power of value for any equal amount of United States notes at their nominal val.ne, which regulating the va.lue of money, namely, by declaring the ratio of notes shall be retained and canceled, and not again replact>d by other not,es. And all United States notes redeemed under this act shaU be held to be a part of the value which one metal should bear to the other. And when we come sinking fund provided for by existing law; the interest to be computed thereon aa to the tina.lunalysis, this is about all of substance there is in the power. in the case of bonds redeemed onder the act relating to the sinking fund. And no f?OOd reason occurs to me why a regulation declaring that SEc. 6. That any owner of silver bullion may deposit the same at the mints, to be silver com shall be recognized as money and a leg.al tender at the taken at ita market value, as ascertained and publicly announced from time to time by the said board, to be paid for either in silver dollars or with gold coin or comparative value it shall bear to gold in the market, in other words, United States notes; or bnllion for the coinl;'_,ge of said silver dollars may be pro- at its renl value, would not be a valid and proper exercise of the con- cnrgd in the mode provided for as to other silver coins by section 3526 of the Re· stitutional power. To hold otherwise would be to hold that Congress vised Statutes of the Unit.ed States. could only regulate the value of ail ver coin by placing it above or be- SEc. 7. Tha.t it shall be lawful for the mints at Philadelphia, San Francisco, and Carson, and the United States aasay office in New York, to issne to depositors of low its real value. silver bullion certilicates therefor, and which certificate.s shall be payable at the A law of this kind adopting tho market value at all times of silver plaee of i:;sue to the depositor or his order in fine silver bars. bearing the stamp of coins as compa.red to gold would be substantially just in principle to the mint or assay office issuing the same, the fine.ness of the bullion, and ita weight all parties and under all circu msta,nces. It could not be unjust even in troy ounces ; but no certificate shall be iasue.d for less than - - ounces, and any difference or fraetions shall be settle.d for in ail ver coin, at such rate as may be to creditors who had contracted expressly for gold, because they fixed from time to time by the said board as afore11aid. would receive silver of equal value with the gold, and con"ertible Amend the title so as to read as follows : "A bill making silver coin a legal tend- into gold at their option, and without loss in the samo market; but, er in the payment of debt~." if thought best, contmcts expressly for gold, especially with public Mr. CHRISTIANCY. While satisfied of the correctness of the prin- creditors, might be excepted. I am strongly inclined to believe, in- ciple, and that by the proper details and machil;lery for carrying it deed I am entirely satisfied, thn.t an n-et of Congress simply adopting into effect it may be made practically effective and beneficial, yet, 4228 CONGRESSIONAL RECORD-SENATE. ~ JUNE 29, not being a practical finn.ncier, I submit . with some diffidence the be looked upon u.s wholly utopian, or Senators may properly think planJ and wit)?. gren.ter diffidence some details of the plan and ma,- that so novel a principle aa that of regulating the value of il ver coin chinery neces ary to mJ,k e the principle and pln.n effectuaL by the market va.l ue as compared to gold ought not to be ad.opted First, u.s to the composition of the board. More or other officers without further consideration than can be given it in this debate, or, might b~ added, and the manner of rendering the determinations perhaps, at t;his session. But I am at isfiecl the principle is correct, public might be changed in any way to make them effectual, :mil a.ud that without its adoption we cannot return to specie payments the provi ions in reference to evidence might require further consid- without issuing bonds anc:l funding or redeeming the greenbacks. eration. The PRESIDENT p1·o ternpore. The question is on the motion to Second. Thesubstituteisdrawnsoastomakethesilvercoinnndbull- refer the House joint resolution No. 109, with the amendments of the ion legal tender in payment of all debts and sums without exception House of Representatives to the amendments of the Senate, to the at the gold value. This might be changed if thought advisable, and Committee on Finance. I run inclined to think it ought to be, so as ta except duties on imports The motion was agreed to. and obligations required by law to be paid in gold coin. The PRESIDENT pro tempore. The question is now on recommitting Third. The present silver coinage which is all less than $1 might be the bill, (H. R. No. 3398,) with the amendments, to the Commitwe on left out of the bill entirely, and the limitation to 10 or any other Finance. small amount to which it s!Jould bereceived a.s legal tender made ap- The motion was agreed to. plicable to all the silver coins mentioned in the first and second The PRESIDEN'f pro tempore. The Chair lays before the Senate a. sections, and provision made for issuing pieces of 1 and upward of telegraphic communication. a higher standard nearer to that f go~d, and the principles of this The Chief Clerk read as follows : bill made applicable only to these higher denominations. The bullion NEW YoRK, Jttne 29, 1876. certificates might also be made a legal tender. The honorable the PRESID&'U OF THE SEYATE, Washington, D. 0.: Any or all these alterations might he made without affecting the We are directed by unanimous vote of this board to transmit the following principle. But if the principle of market value is ·to be adopted at memorial, with the request that the same be immediately presented by you to the all, making silver of any kind of coin or silver bullion legal tenders honorable body over which you preside, namely : without limitation, then the amount to which the present coinage To the horwrable the Senate and House of Representatives oftlte United States in Con- should be made a legal tender to the nominal value should not, I g·ress assembled : think, be above 10 instead of $20, as in the bill towhlch this is offered The National Board of Trade of the Uoited Stat.es, in session in tho city of New as a substitute. But if this substitute is not adopted, then, I think, York, addresses its memorial to your honorable borly earnestly praying that silver $20 is about the right sum, and I should support that bill. coin shall not be made a. legal tender for any sum larger than $5. By unanimous vote of the board this day. If there be any serious question whether under this substitute the FREDERICK FRALEY, question of market value would be a judicial question-npon which President National B"ard 1.1/ Trade. I here express no opinion-which as between individuals coald not CHAS. RANDOLPH, Secretary. be finally decided except judicially, still the principle of the substi- The memorial was referred to the Committee on Finance. tute might. be made practically just as effectual. It can be applied, SUli."'DRY CIVIL APPROPRIATION BILL. a.nd the board may decide as to all debts to or from the Government. ){ational banks may be required to receive it at the market value de- :Mr. WIND0:\1. The Committee on Appropriations, to whom was termined by the board; and in all the Federal courts such determina- referred the bill (H. R. No. :n49) making appropriations for s1mdry tion might be made conclusive as between individuals, unless the civil expenses of the Government for the fiscal year mding June 30, party denying or wisJ;ring to deny its correctness should make and file 1877, anc:l for other pur110ses, have directed me to report it hack with with bis pleading an affidavit, according to his belief, that such de- suhdry amendments. termination is not correct, in which event he should be allowed to MRS. SUSAN E. RHEA. contest it., but at his own risk as to costs. And :.ts this question, in Mr. STEVENSON. I now ask the indulgence of the Senate to take nny case or in any "court, could only arise upon a tender, and the up House bill 590, which was called up this morning. I move that party denyin~ its sufficiency would always do so at the risk of costs, it be proceeded with. if found agamst him, the determination of such boru:d would prac- The motion was agreed to; and the bill (H. R. No. 590) for the re- tically control everywhere as to the market value. lief of Mrs. Susan E. Rhea, widow of Dr. J. Burrows Gardiner, was Now, I do not claim that the mode of ca.rrying out the principle of considered as in Committee of the Whole. It provides for paying to market value is at all perfect under this substitute or that it might Susan E. Rhea, who is tho widow of J. Burrows Gardiner, a sur- not be greatly improved. But .after much reflection I am satisfied geon in the navy of Texas at the time of the annexation of that re- that silver cannot be made a legal tender generally without adopting public to the United States, the compensation which he would have its mark'et value as compared to the gold standard, and that this can received had be been living at the date of the passage of the act of only be done so as to operate well ev£\rywhere by some mode of deter- Congress of March 3, 1857. The acceptance of the e provisions is to mining the market value at short periods. An<.l I am equally well be a full relinquishment of all claims on. the part of Gardiner, or auy satisfied that, wit.hout availing ourselves of the aid of silver andmak- other person or persons, for further compensation in this behalf from ing it a legal tender at the market value, it is iflle to think of resum- the Government of the United States. ing specie payments by the time now fixed by law, unless we make The bill was reported to the Senate, ordered to a third reading, provision speedily for redeeming or funding the green backs by the read the third time, and passed. issue of 4 per cent: bonds at a long time and low rate of interest, pay- able either in gold or in silver at the market price as compared with A. K. EATON AND J. D. JENKINS. the gold standard, which, in my opinion, won1d be taken just as read- Mr. WRIGHT. I move that, the Senate proceed to the con ldera- ily as if payable in gold only. But I cannot resist the conviction tion of Honse bill No. 2829, reported by the Senator from Mis ouri, that the best and speediest method of returning to specie payments [Mr. CocKRELL,] from the Committee on Claims, and read here the is to fund and redeem the greenbacks in the mode proposed, at the other day, w!len the Senator from Kansas [l\1r. INGALLS] made au option of the holder. objection. That objection has been withdrawn. It is t.rne that these constitute a non-interest-bearing portion of the The motion was agreed to; and tlle bill (H. R. No. 28'29) for there- public debt; and the .desire to save so large an amount df i.Iiterest lief of Ariel K. Eaton and James D. Jenkins was considered as in seems to have been the great obstacle to the issue of bonds for re- Committee of the 'Vhole. deeming them. But, in my opinion, if a proper law for this purpose It provides for paying to Ariel K. Eaton, of Osage, Iowa, late re- ~ere pat~sed it would not be sixt.y days, and I doubt if it would he ceiver of the land office at Decorah and Osage, Iowa, %)3 600, on account thirty days, before these greenbacks would stand at par with gold, of money paid out and expended by Eaton, as suoll receiver, for clerks or practically so; and their greater convenience for circulation is in his office during the time he was the incumbent thereof, and for such t,hat, in my opinion, but a small portion comparatively would paying to James D. Jenkins, of Osage, Iowa, late re~ister of the be soon presented for redemption, but they would continue to circu- United States lanc:l office at Decorah and Ol:lage, Iowa, CU1:~,600, on ac- late as money ; so that J;>onds would not be requiTed to be issued for count of money paid out and expended by Jenkins, as such register, more than one-quarter of the amount, or say $120,000,000 to lu0,- for clerks in that office during the time he was the incumbent thereof. 000,000, the annual interest of which at 4 per cent. would be from The bill was reported to the Senate, ordered to a third reading, $4,800,000 to $o,COO,OOO: while the loss to the people of the country, read t.h e third time, and passed. from the uncertainty oft.beir redemption as the law now stands and JAMES ALLENDER. of the !l.bility as well as the time for resumption, the want of confi- Mr. WRIGHT. By reason of information received this morning, I dence in capitalists, which prevents inYestment in any great enter- am requested to move that the bill (H. R. No. 650) for the relief of prises, :t.nd other evils which are obvions and too numerous to men- James .Allender, of Preston County, ·west. Virginia, be recommitted tion growing out of the present state of things, is moro than 100,- to the Committee on Claims. · 000,000 per year. The moment greenbacks are brought up to par or The motion was agreed to. substantially to par with gold, the great work of resumption is nearly completed and confidence will be restored and a comparatively small JOSEPH WILSON. portion of gold and silver will then be needed ; and I c::tiUJot n.void :Mr. WRIGHT. I move th:tt the Senate proceed to the consider- tbe conviction tbn.t this session of Congress ought not to be allowed ation of Houso }Jill No. 28:36. The enator from Missouri [Mr. COCK- to pa s without the pa.ssage of such a. measure. RELL] reporteu t.his bill. It is for the relief of Joseph Wil ou, of And now I will only say in conclusion that I shall not be surprised BouriJon County, Kentucky. or at all disappointed if my substitute should be rejected. It may The motion was agreeu to; and the bill (H. R. No. 2836) for the re- 1876. CONGRESSIONAL RECORD-SENATE. 4229 lief of Joseph Wilson, of Bourbon County, Kentucky, was considered ence has proved to me that people of that sort cheat both sides. I as in Committee of the Whole. It provides for the payment to Joseph dare say if Mr. Lincoln employed this man, as the Senator says he Wilson of $15,300, in full compensation for ninety mules captured did, Mr. Lincoln paid him the compensation which he promised him. from him by reb('ls at Beltsville, Maryland, in the year 1864, which I move that the bill be postponed for the present. I am against all mules were presented at the picket lines of the defenses around this sort of .thing. . Washington, in part fulfillment of a contract to deliver in that city I may say here that at the beginning of the administratipn of ~r. five hundred mules. Lincoln, when there was talk about eiilploying spies and detectives, 'I' be bill was reported to the Senn.te, ordered to a third reading, read I opposed it, and all the time I was connected with the administra- the third time, and passed. tion I do not think any person of that character was employed. I PORTLAND, DALLES AND SALT LAKE RAILROAD. think the principle is wrong; I believe that any man who suffers himself to be put in such a position as t~at is unworthy of compensa- Mr. MITCHELL. I move that the Senate proceed to the consider- ~m~~ . . ation of the bill (S. No. 783) providing for the extension of the time Mr. WRIGHT. I cannot iniaginehowthatcan be. The President for completing the survey and location of the Portland, Dalles and of the United States desired the s~rvices of this mau and employed Salt Lake Railroad. him and sent him, and he did go in pursuance of that employment The motion was agreed to; and the bill wa-s considered as in Com- and did a work that was regarded as very i,mportant to the Govern- mittee of the Whole. ment. He performed most valuable services, a-s the testimony tends The bill was reported by the Committee on Railroads with an to show, and they were recognized by the .President and by all the amendment to insert after the word "branches," in line 4, the words: Departments of the Government. He returned and was paid for In accordance with the act n.pproved April12, 1872. his expenses, but was not paid under his contract. It is simply in- So as to make the biU read: tended ~by this bill to pay him according to his contract for the time That the time for the completion of the survey and location of the Portland, he was engaged, deducting the expenses that were paid him. I Dalles and Salt Lake Railroad and branches, in accordance with the act approved trust there will be no hesitation in passing this bill. April 12, 18~. be, and the same is hereby, extended three years from the 14th day The PRESIDING OFFICER, (Mr. ANTHONY· in the chair.) · The of April, 1875. Senator from Pennsylvania moves that the further consideration of The bill was reported to the Senate as amended, and the amend- this bill be postponed until to-morrow. ment was concurred in. Mr. CAMERON, of Pennsylvania, called for the yeas and nays, and The bill was ordered to be engrossed for a third reading, read the they were ordered. third time, and passed. Mr. WRIGHT. I fear this vote will disclose the want of a quorum, Al\1END:MENTS TO APPROPRIATION BILLS. and I do not intend to do anything of that kind. I regret very much Mr. HAMLIN, Mr. OGLESBY, and Mr. WINDOM submittedamend- that this motion should be made; but I shall not insist on the con- meuts intended to be proposed by them,. respectively, t(o the bill (H. sideration of the bill at present, though I feel that it is eminently a R. No. 3749) making appropriations for sundry civil expenses of ~he proper bill . Government for the fiscal year ending June 30, 1677, and for other The PRESIDING OFFICER. The Senator from Iowa consents to purposes; which were referred to the Committee on Appropriations. the postponement of this bill. Does the Senator from Pennsylvania. Mr. MORRILL, of Vermont, from the Committee on Public Build- withdraw the can for the yeas and nays f ings and Grounds, and Mr. ANTHONY, from the Committee on·Print- Mr. CAMERON, of Pennsylvania. Yes, sir. ing, reported amendments intended to be proposed to the bill (H. R. Mr. WRIGHT. Just let the bill bo ]aid aside by common consent; No. 3749) making appropriations for sundry civil expenses of the The PRESIDING OFFICER. The bill will be laid aside informally Government for the fiscal year ending June 30, 1877, and for other by common consent. purposes; which were referred to the Committee on Appropri:~,tions, SETTLERS UPON LANDS IN 1\flNNESOTA. and ordered to be printed. Mr. WINDOM. I move that the Senat-e proceed to the considera- WILLIAM A. LLOYD. tion of Senate bill No. 547. The motion was agreed to; and the bill (S. No. 547) for the relief Mr. WRIGHT. I move that the Senate proceed to the considera- of settlers upon certain lands in the State of Minnesota was consid- tion of Senate bill No. 784. ered as in Committee of the Whole. The motion was a~reed to; and the bill (S. No. 784) for the relief of The Committee on Public Lands reported the bill with amendments. Enoch Totten, adm1nistrator of the estate of Wi11iam A. Lloyd, de- The first amendment wa~ in line 4 of' section 1, after the word ceased, was considered as in Committee of the Whole. It provides "have," to insert "prior to the 1st day of May, 1876;" in line 6, before for the payment to Enoch Totten, administrator of the estate of ·will- the word" made," to strike out" or" and insert" and;" and after the iam A. Lloyd, deceased, $9,753.32, wit.h interest thereon at the rate word "made" to strike out the words ''or acquired; " so as to make of 6 per cent. per annum until paid, in full for the pe1-sonal services the section read: of Lloyd, rendered in pursuance of a contract made with Abraham That all persons, citizens of the United States, or who have declared their inten- Lincoln, President of the United States, and extending from July 11, tions to become such, and who have, prior to the 1st day of May, 1!;76, seUled upon 1861, to June 5, 1865. and made valuable improvements upon any of the lands included in the granted or · The Committee on Claims proposed to amend the bill by striking indemnity limit'l of any of the extensions or branches of the Saint Paul and Pacific out $9,753.:32 and inserting $6,713.33. · Railroad within the State of Minnesota. to which legal title has not been perfected, shall be allowed to enter such lands at tho United States land office of the district · Mr. CAMERON, of Pennsylvania. I should like to know whether wherein such lands may be situated in all respects the same as though no grant of there is a report in that case. I should like to know where the claim said land had ever been made by the United States. came from. · Mr. BOGY. I do not object to the bill; but if these lands have' Mr. WRIGHT. I can explain without taking up time in reading been granted heretofore to any of these railroad companies can we t.he report. divest them of that right by any legislation here t Mr. Totten is the administrator of the estate of William A. Lloyd, lli. WINDOM I will say to the Senator that the railroad com- deceased. Mr. Lloyd was employed by Mr. Lincoln in the early days pany has forfeited its right to tll.e lands. It has failed twice. of the wart.:> go into the rebel lines and act as a detective or scout Mr. BOGY. It may be that the companies have not built their under a contract for $200 per month-a written contract. He did go roatl within the time prescribed by law; bnt does that forfeiture into the lines and continued this service until the war closed. His enable us in law to convey those lands to anybody else t services were recognized repeatedly by the administration. He re- Mr. WINDOM. We have twice extended the grant and the com- turned after Mr. Lincoln's death; and the Department declined to pany has twice forfeited it, so that it has no claim on these forfeited take any action on the matter in any way whatever. He brought his lauds. suit in the Court of Claims. The Court of Claims determined that Mr. BOGY. Unless the forfeiture has been completed either by the the President bad no power to make any such contract. It went to ae business. read a third time. Mr. MAXEY. This bill will take but a moment. It is regnlarly The Lill was read the t.hird time, and passed. reportetl favorably. . PUBLIC BUILDING AT LITTLE ROCK. Mr. CAl\1ERON, of Pennsylvania. I am very sorry to interfere with Mr. DORSEY. I move to proceed to the consideration of Senate any of the Senators, but there is important business which I want to bill No. 297. It is simply to raise the limitation on the cost of the hy before the Senate in executive session. post-office and court-house at Little Rock, .Arkansas. It will take but The PRESIDING OFFICER. The motion of the Senator from a. moment, I am sure. P ennsylvania takes precedence, being a privileged motion. The motion was agreed to; and the bill (S. No. 297) appropriating Mr. OGLESBY. I hope the Senate will not go into executive ses- money to erect a building .at Little Rock, Arkansas, W:\8 considered sion. as in Committee of the Whole. · Mr. CAMERON, of Pennsylvania. No debate. The Committee on Public Buildings and Grounds reported an The PRESIDING OFFICER. '!'he motion is not debatable. amendment to st-rike out all after the enacting clause of the bill, and The motion was not agreed to. in lieu thereof to insert : The PRESIDING OFFICER. The question is on the motion of the That the act of Congress a~proved .Tune 7, 1872, entitled "An act to provide for Senator from Texas. a building for the use of the} ederal courts. post-office, internal.revenue, and other .Mr. MAXEY. The bill w:ts regularly submitted to the Committee civil offices in the city of Little Rook, Arkansas," be, and hereby is, amenden by on Claims and reported favorably. fixin~ the limit of expenditure authorized for the site and full completion of said The motion was agreed to; and the bill (S. No. 845) for the relief builmng at $250,000. of W. H. Woodward, of Indianola, Texas, was considered as in Com- Mr. DORSEY. The bill, as amended, makes no appropriation what- mittee of the Whole. It provides for the payment to Woodward, ever. It simply limits the amount that may be expended when the without interest, of $588, the amount dne him on account of property appropriation shall be made. rented from him by the United States military authorities. Mr. MORRILL, of Vermont. I will say that the bill was reported Mr. EDMUNDS. I should like to hear the report read in that by the Committee on Public Buildings and Grounds after the 1·eceipt case. from the Secret.ary of the Treasury of information that the original Mr. COCKRELL. I can state the substance of the report in a limitation was too small for a buildiug at tha_t place, and also a. com- moment to the Senator from Vermont, or the report itself can be munication from the Supervising Architect of the Treasury. This read very soon. The claim is simply for th.e rent of property in 1865 bill, as stated by the Senator from .Arkansas, appropriates no money, and 1866, after the close of the war, under a contract, for which a but merely changes the limitation to a larger sum. regular voucher was given. · Mr. ED~1UNDS. What was the old limitation f Mr. EDMUNDS. Why did he not get his pay at the Department in Mr. .M:ORRILL, of Vermont. One hundred thousand dolln.rs. This the ordinary wa.y f is $~50,000. Mr. COCKRELL. It was not good on account of the law passed .Mr. EDMUNDS. That is very moderate I It more than doubles it! in 1867 prohibiting any payment to persons in the insurrectionary The amendment was agreeing imong others the expenseli which especially pertain to tho to the statutes uf the United States, not so defaced, erased, obliterated and de- legislath'e, exec~tive a_nd JUdicial departme~ts of the Go>ernment, to the consu- stroyed as to preYent its fraudulent use, shall, on conviction thereof, be punished lar and diploc-atic service, to the postal sernce, to the support of the Army and as prescribed m the first section of this act. _ to the maintenance of th!l Navy, are generally met by annual appropriations which expire at the end of the current fiscal year; and whereas no public funds "ill be The amendment waa agreed to. available to defray these expenses as the snmo shall accrue after that period unless The next amendment reported by the committee was in section 10, appropriations shall hnYe been previously made therefor by law; and whereas to line 4, after the words "imprisoned for," to strike out "not less than avoid the great embarrassment to tho public senico tllat might otherwise ensue three months and." it is expedient to make provision for defrayin~ temporarily such of these expenses as would be unprovided for in case some one of tho usual annual appropriation bills The amenclnent was agreed to. de igned to proYide therefor should fail to be matured by the end of the fiscal year The PRESIDENT p1·o tempore. The word ''hereof," in the second now current: Therefore, and third sections, seems to be in conflict with other words. Be it enactP.d b1J the Senau and House of Representatives of the United States of .A m~ri.ca in Congresa aasembled, That in case any of the following appropriation Mr. CONKLING. Let the word "hereof" be stricken out in both bills for tho fi!!cal year ending J nne :30, 1877, shall not have passed by the commence- sections and the words "of this act" inserted. ment of sue~ year, so that the funds to be appro.J>riated thereby may then bo avail- The amendment was agreed to. • able for expenditure, that iR t() say, the bill provuling for the legislati>e, executive, Mr. DAWES. I desire to make an inquiry of the Senator from New and judicial expenses; the bill providing for the consular and diplomatic expense.<;; the bill providing for the service of the Post-Office Department; tho bill providing York. If I understand the bill, I am very heartily in support of it. for the s.Ul)port of the Army; and the IJill providing _for .th~ naval service, t~e ~ p- The first section provides a penalty for the sale of "any goods of sub- propriatJOn act for the cun:en~ fis~l year correspondmg m Its general descnpt~on stantially the same descriptive properties as those referred to in the and object to such appropnation bill shill extend to tlio fiscal year next ensumg registra.tion of any trade-mark," but they must have that tracle-mark until such appropriatlon bill is enacted and takes effect, to the end that the pro- visions of such appropriation act whlch apply to tho ordinary and necessary ex- upon them, as I understand. 1 ask whether it is intended by the bill penses of the public service for the current fiscal year !Shall in like manner as if to at all interfere with the manufacture of "goods of substantially enacted for the ensuing fisca.l year be applicable to similar expenses which may the same descriptive properties aa those referred to in the registra- accrne during the period inter>ening between the end of the current fiscal vcar tion of any trade-mark," unless they have that trade-mark upon them. and the time when such appropriation bill for the next ensuinl> fiscal year shall be enacted and take effect, but in no caae beyonu the period of thirty days. Mr. CONKLING. It is intended to O which the s:ud amendments of the Senate to tho bill (H. R. No. 3263) making appropriation for company are not lawfully entitled, Bre herel>y declared forleited. the service of the Post-Office Department fOl' the fiscal ye:u· ending Juno 30, 1877, and for other purposes, having met, after full and free conference have been un- That will make sense. able to agree. The PRESIDENT pro tempore. The question is on the amendment J. R. WEST, of the Senator from Vermont. H. HAMLIN, .Managers on the part of the Senate. Mr. ED~1UNDS. I only offer it, I ~ill say, in the interest of pro- tecting the United States against any cl~im that we have interfered W. S. HOLMAN, J.H. BLO~T. in any way with the present lawful nghts of the company. Of HENRY WALDRON, course whatever their lawful rights are, we are bound to protect and Managers on the part of the House. uot de~troy. Whatever their lawful rights ~o not.entit.le them to, I :Mr. WEST. As this bill involves such material interests, I thiuk am entirely with the Senator from Kansaa m saymg they shall not there is a propriety in making a brief statement to the Senate of the have. points of difterence existing between tlJe two Houses. I will state The amendment was agreed to. that in the main t.here bas been an agreement between both commit- The bill was reported to the Senate as amended, and the amend- tees as to the amounts of money separately and specifically appropri- ments were concurred in. ated in the bill. Where there have been any disagreemeuts on tho e The amendments were ordered to be engrossed and the bill to be amounts they have attached to nm1 been part of the legislative pro- read a third time. visions upon which the two committ-ees could not agree. Tho e leg- The bill was read the third time, and passed. islative provision~:; a1·e embraceu nnuer three beads: } irst: the amount SURGEOS-GENERAL CLEMENT A. FL'\~Y. of tran portation paid to t.he railroad companies for carrying the mail; second, the compensation to be allowed to po tmasters throngh- Ur. LOGA.N. I move to take up House bill No. 2387, which will out the country; and, third, the rates of postage upon thiru-clnss take but a moment. matter. The motion was agreed to; and the bill (H. R. No. 2387) to fix the On the first proposition, as to mail transportation, the committee retired pay of Surgeon-General Clement A. Finley, retired, was con- on the part of the Senate founrl, upon consultation with the officers sidered as in Committee of the Whole. It provides that the ret.ired of the Department, that they could recommend to the Senate a very pay of Surgeon-General Clement A.. Finley, on the retired list of t.he material abatement of the amount provided by the amendment of Army, shall hereafter be the retired pay now allowed by law for the the Senate. In other words, the proposition was an appropriation of grade of the Surgeon-General of the Army as fixed by the act of J nne seventeen and a half millions for the general mail transportation, the 23, 1874, re-organizing the several staff corps of the Army: . Seriate adopting the amount that the House proposed for what is The bill wa-s reported to the Senate, ordered to a th1rd reading, known as the star ancl steamboat ·ervice, differing, however, with the read the third time, and passed. House on the amount for railroad transportation; bot we were will- ALBERT W. PRESTO:Y. ing to cut that amount down to $0,600,000, which would be, in our opinion, an abatement of about 00,000 upon that :~em. The com- Mr. COCKRELL. I move that the Senate proceed to the consid- mittee on the part of the Senate were met by a proposition from the eration of the bill (S. No. 928) for the relief of Albert W. Pre ton. Bon e to apply a horizontal reduction of 10 per cent. to the compen- The motion was agreed to; and the bill was read the second time sations given to railroad companies. When the existing rates of aud considered as in Committee of the Whole. It provides that Al- transportation were established, it will be remembered by the Senate bert W. Preston, who was, on December 15, 1870, duly retired from with what reluctance they were accepted by the railroad companies. the active service and placed upon the list of retired officers of the At that time the intimations, if not threats, were somewhat quite United States Army, with the full rank of colonel, on account of common that the railroad companies would refuse to carry the mails wounds received in battle while performing the duties of colonel in for any such rates; but the issue was adjusted, and operations have command of his regiment, shall be excepted and relieved Irom the been carried on under that law since that time. Now it is apparent, operations of the act of Congre s entitled "An act for the relief of and it is not even denied by the Senate committee of conference, that General Samuel W. Crawford, and to fix the rank and pay of retired these rates are fully equal to what ought to be paid, if not in exce s officers of the Army," approved March 3, 1875, solely because the in- of what should be paid by the Government. But your committee hes- juries received by him in battle are more severe. dangerous, and dis- itated about entering upon any such wholesale reduction, knowing abling, n.nd more fully iucapaci tate and disqualify him for any service very well that it would not only do great injustice to the minor rn.il- than the loss of an arm or leg, or the permu,nent disability of an arm routls, but possibly result in the temporary stoppage and refusal of or leg by resection, and that he shall hereafter hold and receive the the L·uger companies to carry what are known as the fa-st-mail trains rank and pay of colonel upon the list of retired officers of the Army. and also the rail way postal service. The committee on the part of Mr. EDMUNDS. I should like the Senator frum Illinois to explain the Senate proposing therefore to the House that this amount should this. I see it refers to u,nother case. not exceed the sum of $9,600,000 for the- ensuing year, also made the l\ir. LOGAN. It refers to the bill for Crawford. There is a report following proposition with reference to such an intelligent examina- with the bill, but I can stu,te the case ii1 a few words. Colonel Pres- tion of the subject as would enable Congress to act advisedly upon it : ton was included in the act that retired Crawford. By an examina- tion of the snrgeon it is shown that although be was included in the That the President of the United States be authorized to appoint a commission of thTee skilled and competent per 0116 who !!hall examine into the subject of trans- bill, and not excepted with persons who have arms off, eyes out, &c., portation of the mails by railroad companies, and report to Congress at the com- his wounds were more severe thau those of persons excepted. We mencement of its next session such rules and re~ations for snch transportation make this exception, showing in the report that he was more severely and for compensation therefor as shall in their optnion be just and expedient, and wounded than those who were excepted in the law. This is for the enable the Department to fulfill the required and necessary service for the public. purpose of adding this case to the exceptions. Aud appropriating $10,000 for the purpose. TlJe Senate committee I will say further that this case is one of such a character that I of conference, consisting of myself and the chairman of the Commit- do not think it will form any class of exceptions or any precedent for tee on Post-Offices and Post-Roads, were unwilling at the present any one else. The report is ma{fe in order that it shall not be a pre- time to enter upon any radical changes that might not really accom- cedent for anybody else. plish the object had in view. We really believe that if this matter The bill was reported to the Senate, ordered to be engrossed for a is submitted to an intelligent commission they will be a.ble to present third reading, read the third time, and passed. such a proposition, involving the three elements of space, speed, and MESSAGE FROM THE HOUSE. weight, by the next session of Congress as will enable ns to save largely and justly in t~s exp~nditure. . A message from the House of Repre entati ves, by Mr. ISAAC STROHM:, With regard to the Item of compensation of postmasters the two one of it-s clerks, announced that the House had agreed to the report committees agreed by mutual concessions down to a certain point. of the committee of conference on the disagreeing votes of the two The House proposition was to limit commissions to $1,200 and box Houses on the bill (JI. R. No. 3375) making appropriations for the rents to the a.me amount. The Senate.propo ition was $1,500 for each naval service for the year ending June 30, 1877, and for other pur- of these items. We met on the intermediate ground of $1,3GO each, poses. 1.he Senate proposing, however, that under this scaling of compen a- The message also announced that the conferees on the part of the tion,as there would bealargereductionon what are k'"llown asfirst-cla.ss House on the disagreeing votes of the two Houses on the amend- offices receiving salaries amounting to $4,000 each, in the cases of Chi- ments of the Senate to the bill (H. R. No. 3263) making appropriations cago, Boston, and Philadelphia there should be a salary paid of $5,000 for the service of the Post-Office Department for the fiscal year end- each, while the other offices which now get 4~000 are reduced by the ing J nne 30, 1877, and for other purpo es, having failed to agree with scale of compensation below $4,000. Thus, for example, the postmas- the Senate conferees, the Honse had further insisted on its disagree- ter in Richmond would get $3,000 a year and the postmaster in Chi- ment to the amendments of the Senate in isted on by the Senate to c:1cro would get $5,000. That propo ition was not acceptable to the the said bill, and ask a further conference on tLe disagreeing votes H~rse committee; and the Senate conceded still further by putting of the two Houses thereon, and had appointed Mr. W. S. HoorAN of the maximnm limit on all first-class offices at $4,000, with the excep- Ind,ianu,, Mr. J. B. CLARK, jr., of Missouri, and Mr. EUGENE HALE of tion of the city of New York, and upon the compensation ofthe officer Maine managers at the conference on its part. there the committee. divided. The compen.sation to the postmaster 1876. CONGRESSIONAL RECORD-SENATE. i 4237 a.t New York was fixed by law some two years ago at $8,000, and the Mr. SARGENT. Where the same committee of conference on the committee of conference on the part of the House proposed to reduce part of the Senate is appointed, that is almost in the nature of stat- it to 7,000. To that the Senate committee objected, considering that ing that we adhere. The Hou e of Representatives have not done the amount then fixed was none too much, and in fact not adequate that in this ca.se. They have sent a modified committee, and I think to the character of the duties . and the ext,ent of responsibility im- it would be well for the Senate to meet them at least half way. posed upon that officer. I do not know. that we should have divided Each House has it.s own independence and dignity to look after. I on that had there not been other matters to submit; but the result do not object to any Senator in a committee of conference being is that we were only $1,000 apart on the compensation of one post- mindful of those whom he represents on the committee; but at the master, the Senate conceding every material point. same time it seems to me it would be better for us to go as far as the The remaining proposition is as to the rate of postage upon what is House does at any rate towarn agreeing on this bill. I think the known as third-class matter. The bill as it came from the House Senator will see the force of that and perhaps withdraw his motion. proposed to restore the old rate of one cent for each two ounces or .Mr. LOGAN. The Senate have a right to do as they choose, but I fraction thereof upon all merchandise. The Senate proposed to stand shall not withdraw the motion. I am willing always, as far as I am on the present law, one cent per ounce, conceiving that it is nothing concerned1 to meet the other House. half way; but when a liberal more than just, without even being an adequate compensntion for the spirit has been shown on the part of the Senate in reference to a con- caniage of this matter. The House also declined to acceO.e to the prop- ference, and when the House has appointed the same conference com- osition of the Senate committee, that transient newspapers and mag- mittee the second time in one or two instances, indicating to us an azines shall be admitted to, and be transmitted in, the mails at the intention to adhere, I think it would be as well for us to show our rate of one cent for every two ounces or fractional part thereof, and own disposition. that all printed matter except books and unsealed circulars shall go Mr. SHERMAN. I trust the ordinary course will be pursued of under that rate, it being contended by the committee on the part of having a free conference; that at this stage of the matter, at any the Senate that unsealed circulars originating in business motives, rate, there will be nothing like a repetition of the same committee, and ~, and canals and navi- .Mr. JONES, of Kentucky. But the committee refused to do it. gable waters, or other streams witl.Lin the jurisdiction and coutJ.ul of said States- Mr. SAVAGE. I do not yield to the gentleman.. 1876. CONGRESSIONAL RECORD-HOUSE. 4241 Mr. JONES, of Kentucky. I hope the gentleman will state all the member of his rights. He will say, however, injustice to himself, that fads. he did not hear the gentleman from Virginia until the House bad Mr. SAVAGE. I propose to do so. Our committee1 I know, re- proceeded to other business and was dividing on the motion of the fused to grant the subsidy ; but I am maintaining that the p~ssage gentleman from Kentucky, [Mr. DURHAM.] by Congress of this charter is only the .first step and will ultimately Mr. BURCHARD, of illinois. I have no objection to the consider- end in a demand for the very subsidy which has been refused by our ation of the question whether it shall be to reconsider or to putting committee, with the a-dded argument that the Congress of the United the question again whether the bill shall be referred to the Commit- States has passed the charter and given the company its rights, n.nd tee of the Whole on the state of the Union ; but I think a vote of the that we are in honor bound to see that the enterprise does not fail. House should be taken either whether the reference shall be recon- Now, Mr. Speaker, I think there has been perhaps as much discus- sidered or on further consideration the bill shall again be referred to sion upon this question as the temper of the House desires; and I the Committee of the Whole on the state of the Union. move to lay on the table the motion to reconsider. The SPEAKER pro iempm·e. The Chair will put the question. Mr. DAVY. Will the gentleman allow me to say a word f Mr. HARRIS, of Virginia. I desire to be heard on that question. Mr. SAVAGE. I insist on my motion to lay on the table. Mr. SAVAGE. Must not the question first be taken on my motion Mr. DAVY. I would like to say one word. to lay the motion to reconsider on the table T The SPEAKER pro tempore. The motion is not debatable. ~!r. HARRIS, of Virginia. The gentleman yielded to me twenty- Mr. HARRIS, of Virginia. I desire to put a parliamentary ques- four out of the twenty-five minutes remaining of his time. tion. It was I who made the motion to reconsider the vote by which The SPEAKER pro tempMe. If the gentleman from Virginia de- the Houae committed this bill to the Committee of the Whole. I am sires to discuss the question of reconsideration, it is perfectly proper. going to appeal to the courtesy of the House, and I know the Chair for him to do so. will sustain me in that appeal. Mr. HARRIS, of Virginia. That is what I propose to do. I hold Mr. SAVAGE. In order to avoid any difficulty, I would inquire of the floor by the courtesy of the gentleman from Ohio. the Chair how much time I would have if I should withdraw the mo- Mr. SAVAGE. I yielded twenty-four minutes of my time, .retain- tion to lay on the table. · ing one minute of the time the Chair said I had for the purpose of The SPEAKER pro tempm·e. About twenty-five minutes. moving to lay the motion to reconsider upon the table. Mr. SAVAGE. Then I withdraw the motion, and yield to the gen- Mr. HARRIS, of Virginia. I am not prepared, Mr. Speaker, to enter tleman from Virginia twenty-four minutes, so that at the close of his into a discussion of the merits of this bill to-day upon this motion. I remarks I may have an opportunity to renew the motion. had thought that on a bare statement of the facts, as it appears by Mr. HARRIS, of Virgini..1>. Mr. Speaker, I do not desire to make a the RECORD, and as stated by myself, this House would unanimously speech, but merely to state the facts in connection with the position agree to re-instate the bill upon the Calendar in the House, and thus which this bill now occupies. save further time, but I amdri ven to the necessity of arguing this ques- I hope the House, in courtesy to the Speaker if not to myself, will tion lest the House may not understand the merits of the bill, although consent to reconsider the vote by which the bill was 1;eferred to the at the same time it cannot be expected I should go into the argument Committee of the Whole, so that it may be brought back before the of the constitutional question, involving important matters, in so short House for its action at such time as the pleasure of the House may a time. I must therefore confine myself to the briefstatementoftbe determine. The facts were these: When this question was under dis- points of the bill, with some reply to the remarks of the gentleman cussion the other day my friend from Ohio [Mr. SAVAGE] moved to from Ohio who last held the floor. refer it to the Committee of the Whole, and on that motion not more What is the purport of the bill t .A. charter was granted by the than fifty members perhaps voted, developing much less than a quo- State of Virginia for the purpose of incorporating a railroad company rum. The gentleman from Kentucky who had charge of the bill ob- called the Washington City, Cincinnati and Saint Louis Narrow- jected to any action being taken in the absence of a quorum, but in Gauge Railroad, that authorized the making of a road from the city the confusion prevailing in the House and during a colloquy between of Washington to the city of Saint Louis, with a branch to the city him and the gentleman from Ohio [Mr. SAVAGE] the gentleman from of Chicago. Of course Virginia could. give no rights outside of her Kentucky said he withdrew his objection. As I understand from him own limits. The friends of this company found the laws of the sev- now, he meant to say that the gentleman from Ohio ba-d withdrawn his eral States through which this road passed were different, and that objection, but the Chair understa.nding him as I did, that is, as with- some of the constitutions, especially that of West Virginia, prohibited drawing his objection to the call of a quorum, I at once renewed the the granting of any special charter, and I believe it is so in some of objection, but in the confusidn the Chair could not hear me, although, the other State8, and consequently to undertake to procure that char- a8 the Chair is aware, I generally speak very distinctly. But I appeal ter from each separate State through which this road passed would to the RECORD, I appeal to the Journal, to show that I made in time have been utterly impossible. It would have been impossible to the objection which would have saved the bill from going to the Com- have procured a harmonious system which would have worked with- mittee of the Whole. I now ask unanimous consent (and I am sure out jarring and without clogging, because some States would cer- that in this request I shall have the concurrence of the Chair, iu view tainly have imposed conditions inconsistent with the interests of other of the fact· that I ma-de the point in time but was not heard by the States and inconsistent with the well-being and harmony of the road. Chair)-! ask unanimous consent that the bill be placed back in its Secondly, it was necessary to have a uniform charter acting in all the original position on the Calendar. If the House will unanimously States alike. But whether they have the right or not to charter consent, in courtesy to the Chair and to myself, to place the bill back this road, whether Congress has the power under the Constitution, is in its original position, I shall not then desire to argue the question; not material to the discussion of this question, and the most tender- otherwise I.wish to occupy a few moments. footed and hair-splitting State-rights man need not permit his mind The SPEAKER pro ternpo1·e. The Chair desires to state to the House to be troubled upon the questions involved in this bill, because it is that at the time the vote was taken npon the motion to refer this bill made subject to the approbation o.f each State through which it to the Committee of the Whole on the state of the Union there was passes. not a quorum present. The House was proceeding to divide by tell- I offered the original bill at the request of a portion of my constit- ers, of which the gentleman from Kentucky, [Mr. JoNEs,] being the uents, just as it had been prepared by its friends, to be considered by mover of the bill, was one. There was some confusion in front of the the committee, reserving the right to myself to oppose any of its pro- Speaker's desk, as there is always when the Honse is dividing by tell- visions which I did not approve. There were such in the bill. But, ers, but, as appears by the RECORD, and the recollection of the Chair Mr. Speaker, it is not necessary to discuss the~ now, as the amended is the same, the announcement was made by the gentleman from Ken- bill is that on which the House is called to act. tucky, [Mr. JoNEs,] "I withdraw the call for a further count." The One of the amendments to the bill is as follows: teller~ immediately retired, and members who were passing be- Provided, That Congress reserves the right to regulate by law the rates of fare tween them separated and wep.t to their several seats. At this time of passengers and of freights on said ra.il..rOad and its branches. the gentleman from Kentucky [Mr. DURHAM] made a motion to take Another amendment provides that- up another bill. The gentleman from Virginia [Mr. HARRis] claims This act may be amended or repealed by Congress at any time. that before the gentleman from Kentncky made the motion to take Another amendment adopted is as follows: up another bill, he himself objected to the arrangement, and it ap- pears by the RECORD that the gentleman from Virginia a.fter the The charter which shall be granted shall not take effect in any State when the Legislature thereof shall by resolution object to the same. Speaker pro tempMe bad decided the bill was referred to the Commit- tee of the Whole on the state of the Union, and the House was pro- And then there was the further amendment adopted on the motion ceeding to other business, said "I object to that agreement." The of my colleague, [Mr. DouGLAS,] as follows: Chair did not hear the gentleman, and he is mistaken in stating that But said corporation shall not have authority to lay out, survey, or locate any the Journal shows that he objected. It does appear in the RECOliD. land for its projected road in or through any State until said State shall by legisla- Mr. HARRIS, of Virginia. It was taken down by the reporter and tive enactment expressly confer the power so to do. I never spoke to him about it. He heard it. That is, that the charter shall not take effect in any State until the The SPEAKER .Pro tempore. It seems that inadvertently the rights Legislature of said State shall by special act approve of it and give of the gentleman from Virginia have been somewhat affected. If the it sanction. Then, sir, where is the violation of the rights of the House choose, they can reconsider the motion to refer, and may by State t If the State says the road should not invade the domain unanimous consent place the bill in the position it then was on· the of that State, that is the end of it. We take the risk. This bill is Calendar, or, having reconsidered the motion to refer, they can again laid before the Legislatures of the different States and they deter- ~ke a vote on the.question of_reference. The Chair would be sorry mine whether they will or will not have it. If they say t4ey will if, even through ID1sapprehens10n, be should so rule a& to_deprive any not }lave :j.tl tlwll tl!e a.qyio:q qf Qepgre§S 4~ ~o ~geg~, · IV-266 4242 CONGRESSIONAL RECORD-HOUSE. JUNE 29, Some of my friends on my right may say that they object to this Mr. DAVY. That is what this bill proposes to do. bill because it concedes everything to the States and yields too much Mr. HARRIS, of Virginia. That is the question which has troubled of the power of Congress. the minds of the most learned jurists this country ever saw, whether But my friend from Ohio [Ur. SAVAGE] says that Congress has re- a county, or a State, or the Government is a corporation or not. I am served no right over the subject. What rights would be have Con- sure of one thing, that the Governm~nt of the United States cannot gress reserve other than those that are reserved, the right to regu- organize itself into a corporation; it never has attempted to do so late freights and to regulfl.te fares t But he says the States through and never will. But whether it can grant corporations or corporate which the road may pass have no such right. Ought a State through rights to another is another thing. which a railroad passes to have the right by law to regulate the fares Mr. DAVY. If the Gove.rnme.nt grants these corporations, then it of passengers and the rates of freight, unless it be local fares and has a right to control them and regulate the rates of freight and of fTeights f Do the States as a general thing do that for their own can-ying passengers. 1·oad f The State has a right, after looking at this charter, to deter- Mr. HARRIS, of Virginia. This bill gives the Government that mine for itself whether it will grant it or not; and if it determines right, subject to the action of the States. to let this road pa.ss through it without the power of regulating the Mr. DAVY. That brings the Government into indirect competition rates for the transportation of persons or of property, why then it with the railroad interests of the country. does so with a full knowledge of the fact and ought not to undertake Mr. HARRIS, of Virginia. The road, if constructed, would produce to do it. On the other hand, the States may impose conditions upon a fair competition, and so much the better for the people. their acceptance, which would be binding on the company. Mr. DAVY. I claim that the bill does that thing. The gentleman talks about States' rights. But individuals have Mr. HARRIS, of Virt::· My friend has never read the bill. I rights as well aa States. And while a State protects a man in the wish he would inform · elf on the question. franchise of his home and his farm and gives him title to it, it has no Mr. DOUGLAS. Will my colleague allow me to aak him a qnoo- right to say how he shall manage it when he comes into possession of tion f it, how he shall plow it, and how he shall cultivate it. Mr. HARRIS, of Virginia. With pleasurd. But, sir, this bill provides that this shall be in addition a post-road. Mr. DOUGLAS. If I understand my colleague, he argues that the And t:Se gentleman from Ohio denies upon this floor the right and power of this Government is unlimited to construct roads anywhere the power of Congress to make a post-roaropria- here, the people of my State and those similarly affected are temed- tiona of thousands of dollars by the United States Government to iless. clean out little rivers in their States and even to make rivers where But I have consumed the time given me. I hope the bill will be hardly any water runs Y recommitted, that it may be fully dh~eussed and considered. Now, I beg gentlemen not to be too much frightened about subsidies. Mr. H.A.RRIS, of Virgiilla. The gentleman does not pretend there Mr. Speaker, I profess, and so do my brethren on this floor from the is a lobby in connection with this billY South who advocate railroa-ds, to be as much devoted to State rights Mr. CROUNSE. No, sir; I am simply giving my experience, and as any members here; but I give fair notice that we intend before wish to warn gontlemen not to be too ready to put themselves under this Congress expires, and in the next Congress if any of us should the power of corporations or their lobbies. be here, to ask for a subsidy from the General Government to build Mr. S.A.V.A.GE. I now yield to the gentleman from Iowa, [Mr. a railroad through the South. WILSON,) I do.not propose to support with hearty acclaim a Government that Mr. WILSON, of Iowa. There is one kind of a bill which I would will expend $200,000,000 of its money to build great railroads, to like to see reported from the committee, for I would be glad to sup- build up one section of the country to the exclusion of the rights of port it, and if this bill is recommitted I hope the committee will have another section. While I think this power should be guarded with regard to those principles upon which we should legislate. First, we extreme caution, yet I intend to vote as a southern man, as a Union want a charter giving Congress jurisdiction where the subject is be- man, as a man who advocates the equality of the States in the Union- yond the power of State control. We want the right of the State I intend to vote for every subsidy for the general benefit where we protected in regard to local shipments. The difficulty under which want these improvements in the South which pays its just proportion we labor at present is that the railroads bringing our products from of taxes to the Government and which is entitled to an equal distri- the West to the seaboard are controlled by the State law alone. It bution of its benefits. is not the interest of men who control the present through lines of Mr. D.A.VY. I should like to a-sk the gentleman from Kentucky a railroad that any new charter shall be given; and those of us who question. · live in the Mississippi Valley mnst expect to have their combined Mr. JONES, of Kentucky. I have not time in the few minutes efforts against any relief to us in that direction. It is not the politi- granted to me by the gentleman from Ohio to yield for any qneBtion. cal belief of gentlemen coming from most of the democratic States Mr. D.A.VY. But I wish to ask one question, and the gentleman that Congress should give a national charter. Consequently, those from Ohio will yield for that purpose. Do I understand the gentle- interests are combined to prevent any such charters being given. man from Kentucky to say that he is in favor of a subsidyf We have this matter brought directly before us in the West. The Mr. S.A.V.A.GE. Yes; he said he would vote for all subsidies. evils have been twofold: The want of law to protect men who have Mr. D.A.VY. .A.nd for all roads. . invested their money in these railroads; and the want of law to pro- Mr. JONES, of Kentucky. No, there is no subsidy in this bill. I teet those who patronize the roads. The halt that has been called said the time is not far distant when I would be in favor of granting to the building of railroads has been in consequence, first, of the ex- a subsidy from the General Government to a great and important tortion practiced upon the shippers, and, secondly, from the fact that railroad enterprise or to public improvements in the South upon the the men who bought the bonds by the aid of which those roads were ground that the North has alrea-dy had $200,000 000 of the public built have had no protection whatever. ·we want the committee money for its improvement, while the South has had comparatively who have charge of this matter to report a bill thatsh;1ll give to Con- nothing I w:.tnt equality in this regard between the States. gress the right to control shipments of an interstate character. We Mr. ATKINS. There is no bill before this House or before Con- want them also to reserve to the States the right to control the local gress asking a subsidy for this railroad. shipments within th~ States. If these points are covered, then I Mr. S.A.V.A.GE. I do not yield any further, and am opposed to this should be gla-d to vote for such a bill. I do not want to sacrifice the discussion, and hope it will soon be brought to a close. rights either of the States or of the United States; and I desire that But it seems to be necessary that I should say a word or two in re· the Ge:e.eral Government, the only power in the land that is able to ply to what fell from my friend from Kentucky, [Mr. JoNEs.) How reach this evil, shall step in and correct it. much time, 1\Ir. Speaker, have I left of my hour f ?!Ir. S.A.V.A.GE. I now yield to the gentleman from Kentucky, [Mr. The SPEAKER pro tempo·re. Thirty minutes. JONES.] Mr. S.A.V.A.GE. I do know that I have any objection to the gentle- Mr. JONES, of Kentucky. Mr. Speaker, as chairman of the com- man from Kentucky voting for any subsidy he feels disposed to vote mittee that reported this bill, I desire that no misunderstanding shall for, but I did not expect to precipitate a discussion of how many other exist in regard to the action or the opinions of that committee. In railroa-ds this country would be called upon to build or anything of the first place, I admit that this bill originally asked for a subsidy; the kind. So far as this particular measure is concerned I do not but the Committee on Railways and Canals, at their very first meet- know to whom the gentleman from Kentucky alludes in the discus- ing, decided unanimously to report for the consideration of the Honse sion aa the gentleman from Pennsylvania. .A.s no gentleman from no bill asking a subsidy. That action was in conformity with the Pennsylvania :Q.as made a speech in opposition to this bill so far, I resolution adopted by this Honse in the first few days of this session, am at a loss to know to whom he refers. My friend from New York and in conformity also with the individual judgment of the members [Mr. DAVY] is the only one I know of on the opposite side who has of the committee. I desire to say furthermore that the president of made a. speech against this bill connected with the committee. this railroad company came himself to the committee and desired that .Mr. JONES, of Kentucky. I said the gentleman from Pennsylva- the provision for a subsidy should be struck out. This much should nia by inadvertence. I meant the gentleman from New York. be stated in justice to him. Mr. JENKS. I ask the gentleman to yield to me for a few min- I am very much surprised to hear gentlemen get up here and oppose utes. an enterprise of this sort upon the idea that it interferes with State Mr. S.A.V.A.GE. I will yield to the gentleman from Pennsylvania rights, and that if Congress should merely recognize this corporation for five minutes. as existing under State authority, there is great danger that at the Mr. JENKS. 1\-fr. Speaker, the question a.s to a northern, southern, next session or some time hereafter we may go on and grant great sub- eastern, or western railroad is in no way pertinent to this considera- sjdies to this corporation or other corporations. tion. The same equal justice should be done of course and will be Why, sir, the gentleman from New York [Mr. DAVY] is very tena- done, I apprehend, by Congress to all parts of the country. But the cious upon this subject. .A.fter the Congress of the United States haB principle involved in this bill is utterly destructive of everything we given 200,000,000 of subsidies to northern enterprises, he is opposed have heretofore adopted a.s the principles upon which this Govern- to action of Congress even recognizing without any subsidy the ex- ment should be administered. istence of a corporation of this sort-a corporation originating in a In the first place, Mr. Speaker, observe the character of the charter. Southern State. Why, sir, suppose that the president and corporators There is a Virginia charter granted to a ~oad. They come to Congress, of this company may hereafter a-sk for a subsidy, cannot the gentle- and now ask the provisions of that charter shall be extended over man leave that question to be decided in the future by Congress in half a dozen different States, with power to make two branches of its discretion, courage, and ability f Here is a railroad proposed to indefinite length from the western end, probably, which may tar- run through West Virginia, to open up a mountainous region which minate one at San Francisco, and the other possibly at Portland, has no facilities at all in the way of railroads, and if you appeal t.o . Oregon. Then, without designating the points from which and to the States of West Virginia, Ohio, Indiana, and Illinois upon this sub- which the different lateral branches are to run, the right is granted ject, I presume there will not be a dissenting voice against allowing to make lateral branches one hundred miles in length. If we were the Government to a.SBume juri diction to the extent that is asked in in a State, and asking the State to charter such a road as this, it 4246 CONGRESSIONAL RECORD-HOUSE. ...._. JUNE 29, would be met at once as being so objectionable thn.t it should not say they are opposed to this bill on principle, are you · better demo- pass. crats than the father of the Constitution f James :Madison, when The people should hold f~st to these franchises, for when they are President of the United States, signed the great Cumberland road granted they assume a magmtude the people cannot any longer control. bilL He saw then no constitutional trouble when he came to inves- But what character has this road Y It has the double character of tigate the question of signing the grea,t Cumberland road bill in the a charter from the State and a charter from theNational Government. fact that it passed from State to State. Where is the difference in Who shall assume control over these ch111'ters f Will they come under principle! the law of the State or the law of the National Government, or under We have sat at the feet of Madison, all of us, in our younger and in both; or should there be a constant collision between the two f our older days, and have learned from him. what was the true inter- It is a. complete mongrel so fat as this bill is concerned. And even pretation of this instrument. And, without goingoverthe argument if it were proper and right that the National Government should that he made when he signed that bill and upon many other occa- grant a. charter in the first instance, it certainly would not be right sions, I sn.y that the example he set us and that the principle he ennn- to adopt the charter granted by the State of Virginia and extend its ciated when he signed that very bill are sufficient guarantee to me provisions over half a dozen different States. It is equivalent to say- that Congress has ample power-to do what f To simply gra.nt a ing, "Let Virginia pass an act by which she shall charter a road not charter to a railroad. It is true it passes thi:ough different States; only in her own territory, but which shall be extended to the St!tte of but, as the bill itself provides, this charter is entirely inoperative, Pennsylvania, or wherever else she may deem proper." and can be stopped at any St.1te line in two ways: First, before you So its mongrel character is the first objection to the bill. Then the can enter the domain of a sovereign State this bill provides that yon character of the bill itself is different from that ever granted, in that must get the consent of tha,t State. It provides by another amendment the road has indefinite power to make lateral branches wherever it that any State by a mere resolution can &top it. I ask the stricte t shall deem proper and to two bmnches of indefinite length. constructionist of the Constitution where there is any violation of the But the duties of the United States Government are so great, that Constitution, where is the danger to any State f even if it has full power to grant such a charter, it should not be ex- There is another reason that induces me to support this bill. Ever ercised. If the power exists it should not be exercised, in that it since I have had the honor of a seat upon this floor, session after ses- will cast upon the Government a burden of duties which never can sion we have heard the subject of cheap transportation urged upon be properly discharged. If this road may ask a charter from the each and every member of this House. This proposed charter is, to National Government any other may. And if the National Govern· my mind, a solution of the whole question. ment grants charters to railroads through all the differept parts of I do not say that any of my friends who have spoken adversely to the United States, Congress can do no other business tha'n legislate this proposition are in the interest of the great railroads, for I never on railroads alone. In order to discharge that duty it would have to yet have impugned the motives of any gentleman upon this floor. throw aside all other governmental duties. Bnt, while I do not charge them with that, and I do not believe that But there is another view I desire briefly to present. When this it is so, yet their conduct, their speeches, their votes here to-day are road is chartered by virtue of an act of Congress, then any infringe- in the interest of the great railroad monopolies of the United States. ment of the charter or any action against the company draws the This question was presented before the committee of which I have litigants into the courts of the United States. Now, every principle the honor to be chairman, by a resolution of this House, directing ns of justice requires that justice should be administered at home. to inquire into the combinations made by the various railroads and Every man feels more confident of obtaining right and justice where the discriminations against the commerce of the United States by the he is nearest his own home. This thought or intention baa pervaded various railroads in the Union. That resolution passed bythisHouse all the institutions of our conntry. Now, suppose this railroad com- is the voice of the House, of the republicans as well as of the demo- pany, proposing to be chartered, should get involved in litigation crats. It declares that discriminations by these combinations do ex- with some citizen, say of Illinois, as to the right of way, they will go ist, and that such discriminations cripple commerce and paralyze all through the courts of Illinois, and the courts of Illinois might decide the interests of this great country. as the company might think contrary to law. The consequence Now if yon charter this railroad and it is built, it is a solution of would be that the litigation would be finally brought to the Supreme the whole question of cheap transportation. In the investigation of Court of the United States. Thus every man who ha,a a right of way that subject by the Committee on Commerce we asked the question, to settle with a railroad company would be involved in litigation in aa to these discriminations and combinations, if the roads charged A the courts of the United States by virtue of this congressional action. more than they did B for the same kind of work. The vice-president Mr. JONES, of Kentucky. Will the gentleman permit me to ask of the great Pennsylvn.nia Railroad, from which State my friend [Mr. him a question f JENKS] hails, declined to answer that question, and put it upon the Mr. JENKS. Certainly. gronnd that, while the Pennsylvania Railroad Company owns and Mr. JONES, of Kentucky. Is the gentleman aware that this bill controls six thousand miles of ra.ilway, yet they are chartered by the provides that this company cannot drive a stake or send an en!ri.neer different States through which they run; they are operating under into any State without the consent of the Legislature of that gtate 7 State charters, and therefore Congress has no right to investigate ths Mr. JENKS. I am aware of that; but wben it is chartered by subject. Congress there is congressional legislation which requires interpreta- Now charter this railroad, and then it will come clearly within the tion and application, and whenever a law of Congress is to be inter- power of Congress to investigate that subject. Charter this railroad, preted a.s a matter of right, the citizen may go into the courts of the build it, and it will come in competition with the great railroad mo- United States to determine that controversy. Every citizen who bad nopoly of the day, and we will have cheap transportation. litigation with this railroad might ultimately have to terminate his [Here the hammer fell.] case in the Supreme Court of the United States, and this being a Mr. SAVAGE. In rising to close this debate, I desire to consume mighty corporation, as a general rule any one would rather forego his only a few minutes of the time of the House. But some statements right than attempt to assert it. And if Government is framed for the have been made here by my friend from West Virginia [.Mr. HERll:- nterestis of the people, this is a state of things which ought not to exist. FORD] to which I think it proper to allude. So far at least as I am They base the right of Congress to charter this road on its consti- myself concerned, I do not propose to be charged with having, or tutional right to establish post-offices and post-roads. If that be a even to have it supposed that I have, any interest in any railroad in correct interpretation of the Constitution, then the Government of the country, or that I am in opposition to any measure which in the the United States is authorized to make all the public roads in the least would have a tendency to cheapen transportation, which my United States. Because if every public road may be made a post- people are so anxious to have done. road, if that is the intention, then the whole road system of the There may be a very grave difference of opinion between the gen- United States would be concentrated and brought within the power tleman from West Virginia and myself as to the effect this road will of the Government of the United States. So that we would hn.ve have upon cheapening the transportation of the country. I am one these principles adopted: First, that the United States may charter of those who do not believe that cheap transportation can be brought all the railroads in the United States; second, that she may charter about by destroying all the powers of the State Legislatures of this or may regulate all the roads; third, that she may draw the litiga- country to legislate upon the rates of freight and transportation. I tion of all her citizens into the United States courts. And these are am not one of those who believe that it has the effect to cheapen violations of the fundamental principles on which our Government transportation where a railroad may discriminate against citizens of stands, and should be resisted by every one who has the good of his the county or district which I represent, and we can get no remedy country at heart except by making an appeal to Congress, which represents thirty- Therefore I think this bill ought by no means to be allowed to pass. seven States. I am not one of those who believe in taking away Reference has been made to subsidies. It is not in this bill, and I from the Legislature of the State of Ohio, for instance, the right to hope it never will be in any bill. But whether it is or not, there is say that this railroad company cannot discriminate against towns, here a subsidy principle more dangerous than any money subsidy cities, and villages that are not on roads other than the one this bill that could have been introduced into the bill. proposed to charter. Mr. SAVAGE. I yield five minute• to the gentleman from West I am not one of those who believe that such a road as this can be Virginia, [Mr. HEREFORD.] established i~ the State of Ohio and we can say to the Legislature of .Mr. HEREFORD. In my strict construction of the Constitution that State, no matter how much this road may discriminate against I yield to no gentleman upon this floor. But without going into the your citizens or attempt to crush the industries of your section by . argument upon that question, (for that would take more time than is high rates of fare and tmnsportation, you shall not have the right to allowed me,) I want to ask my democratic friends on this floor who regulate the rates of fare and transportation and J>ut them upon a. 1876. CONGRESSIONAL RECORD-HOUSE. 4247 different footing from what this road may choose to put them, unless bers of the Michigan Veteran Volunteer Cavalry; which was read a Congress shall come to yom aid. first and second time, referred to the Committee on Military Affairs, Thia bill places in the hands of Congress ~xclusively the power.to and ordered to be printed. legislate in regard to the rat~ of transportation, :'l'nd exp_ressly demes MESSAGE FROM THE SENATE. the right of any State to le~s~ate upon the subJect, or 1t does ~o by A message from the Senate by Mr. SYMPSON, one of their clerks, an- implication at least, by prov1din.g that Congress :;t>lone aha~ legiSlate nounced that the Senate had insisted on its amendments d~agreed upon the subject. No State LegiSlature ha.s any nght on this matter. to by the House to the Army appropriation bill, had agreed to the The Legislatme of the State of ~hio. is denied the power to p~ote.ct conference asked by the House on the disagreeing votes of the two the interests of her people by legislation, as absolutely under this bill Houses, and had appointed as conferees on the part of the Senate Mr. as if the Legislature was entirely abolished. This bill might very prOJ?- .ALLISON, Mr. LOGAN, and Mr. THURMAN. erly be entitled, a hi¥ to abolish State Legislat~e~, ~o far as this The message also announced that the Senate had agreed to there- railroad is concerned, m those States through which It IS proposed to port of the committee of conference on the bill (H. R. No. 3375) mak- construct it. ing appropriations for the naval service for the year ending June 30, Entertaining these views, I could not support this bill in its pres- 1877, and for other purposes. ent shape. I have moved that the bill be committed to the Commit- Several members called for the regular order. tee of the Whole on the state of the Union, in order that there may be an opportunity to consider and amend it in these particulars. If GENEVA AWARD. there must be a charter, leaving out the whole question of subsidies, The SPEAKER pro tempore. The regular order is the consideration let us amend this bill and endeavor to make it somewhat near what of the bill (H. R. No. 2685) reported by the Committee on the Ju- it should be. diciary for the distribution of the unappropriated moneys of the Ge- Mr. HARRIS, of Virginia. The gentleman says he does not want neva award, on which the gentleman from Massachusetts [Mr. PIERCE] to concede the right of this corporation to go through his State, and is entitled to the floor. that he wants his State to have the power to regulate the local rates Mr. PIERCE. I am disinclined to occupy the tinw of the House, of freight and transportation. Does not the gentleman know that and I should not do so if the question under consideration was not this bill now provides that this road shall not be constructed through of grave importance, involving as I believe the honor and good faith any State without the consent of that State f of the Government. As I have but a few minutes in which to pre- Mr. SAVAGE. I will answer that question. sent my views, I shall not undertake to review or criticise the argu- Mr. HARRIS, of Virginia. And does not the gentleman know that ments made by the majority and minority of the Committee ~n the the State when it is called on to give it.s consent can attach any con- Judiciary, but confine myself to a brief statement of the crrcum- dition it plea-sea, and if the road accepts those conditions are binding stances under which the award was made and the principles which upon the company f And in that way the State will have the right should govern its distribution. to regulate the freights passing through the State; and therefore the The sum of $15,500,000 in gold was awarded by the tribunal of arbi- States have it in th~ir power to regulate freights passing through tration at Geneva in compensation for all direct damages inflicted by their territory. the confederate cruisers known as the Alabama, the Florida, the Mr. SAVAGE. I do not understand the last part of the question. Shenandoah, and their tenders, the Tuscaloosa, the Tacony, the Clar- Mr. HARRIS, of Virginia. The bill says the road must be approved ence, and the Archer. In the case of the Shenandoah it was decided by the State before it can pass through its territory. The States can that Great Britain was responsible only for the acts committed by make a conditional approval, dependent upon the road carrying that vessel after her departure from Melbourne on the 18th of Febru- freights at certain rates. ary, 1865, and compensation was allowed accordingly. The award in Mr. SAVAGE. Let me answer the question which the gentleman the case of the other two vessels covered their whole career under the is now expanding into argument. I deny that there is any such pro- confederate flag. So far as related to the damages inflicted by the vision in the bill or in the amendments. I take the ground that the vessels called the Retribution, the Georgia, the Sumter, the Nashville, State Legislatures must either accept in toto or reject in toto this char- the Tallahassee, and the Chickamauga, the tribunal decided that Great ter. I go further and say that by this bill the Legislatures of the Britain had not failed, by any act or omission, to fulfill its duties a.s States through -which this road passes have no power whatever to defined by the treatv of Washington ; and, so far as related to the legislate so far as any question of freight or transportation may arise vessels called the Sallie, the Jefferson Davis, the Music, the Boston, locally or otherwise. and the V. H. Joy, it was decided that they ought to be excluded Mr. DAVY. The right is reserved in the bill. fl'Om consideration for want of evidence. Mr. SAVAGE. The bill reserves the right of Congress to legislate The claims made by the United States commissioners for compen- on the subject with the condition to which I referred in my opening sation on account of expenses incurred by the Government in the pur- remarks; that the laws regulating the question must apply without suit of these cruisers, the loss in the transfer of the American com- exception to all the chartered railroad corporations of the United mercial marine to the British flag, the enhanced payments of insur- States. ance, and the prolongation of the war were distinctly and definitely Mr. HARRIS, of Virginia. That is true. disallowed. Mr. SAVAGE. It does not make any difference what your legisla- In order to arlive at an equitable compensation for the damages tion in reference to railroads may have been in the past, it is con- sustained by the inculpated cruisers, the arbitrators disallowed all tinued by this bill for all time to come ; and neither the Congress of double claims for the same losses and all claims for gross freights so the United States nor the State Legislatures can legislate on this far as they exceeded net freights. The protocols of the conferences subject except in snob a way as to apply eqally to all r~ilroads in at Geneva show very clearly how the final award was arrived at. The the country. amount of the American claim for ninety-four ships and cargoes de- I now ask a vote on the motion to recommit. stroyed by these cruisers, for whose acts Great Britain was, by the tri- Mr. WHITE. I hope the gentleman's motion will be voted down. bunal, held responsible, amounted to $14,437,000. These same claims ' The SPEAKER pro tempore. The question is not debatable. On as revised bythe British commissioners amounted to$7,074:000. The this question, as the Chair understands, the gentleman from Ohio mean value was then taken, one year's wages were allowed to the calls for the previous question. crews of fishing-craft and w balers in lieu of prospective catch, 25 The previous question was·seconded and the main question ordered. per cent. added on the values of vessels, interest was allowed at 6 per The question being taken on the motion to refer to the Committee cent., and the sum arrived at was .15,409,289.69-and thereupon the of the Whole, there were-ayes 69, noes 25; no quorum voting. round sum of fifteen and ar half millions was awarded. Tellers were ordered; ancl Mr. SAVAGE, and Ur. Jo~TES of Ken- By chapter 459 of the acts of the Forty-third Congress (1874) a tucky, were appointed. court of commissioners was established with power to adjudicate and The House divided; and the tellers reported-ayes 95, noes 43. allow claims for direct damages caused by the inculpated cruisers in So the motion was agreed to. those cases in which the claimants had not received full indemnity Mr. SAVAGE moved to reconsider the vote just taken; and also from the insurance companies for property destroyed; but no claims moved that the motion to reconsider be laid on the table. of insurance companies for destruction of property by the inculpated The latter motion was agreed to. cruisers were admissible, unless the sums of their losses exceeded the CONFERENCE COMMITTEES ON DISTRICT BILLS. sum of all their premiums or other gains upon or in respect to war The SPEAKER pro temp01·e announced the appointment of Mr. risks. This act was the work of a conference committee appointed to BUCKNER, Mr. STEVENSON, and Mr. HENDEE as the committee of harmonize the differences between the two branches of Congress. It conference on the part of the House on the bill (H. R. No. 3411) au- covered only those claims about the validity of which there was no thorizing the repavement of Pennsylvania avenue. dispute. In reply to a question, the chairman of the committee on The SPEAKER pro temp01·e also announced the appointment of Mr. the part of the House, who reported the bill, said he believed the NE.AL, Mr. HARTRIDGE 7 and Mr. WILLARD as the committee of confer- amount of money it would require to pay the claims provided for by ence on the part of the House on the bill (H. R. No. 2676) for the as- the bill would not exceed three millions. It was also stated by the sessment and collection of taxes in the District of Columbia. chairman that, in respect of claims by the insurance companies, by the war-premium men, and by those who lost by cruisers other than EDWARD CORSELIUS AND OTHERS. those named in the award, the matter was left wholly to future legis- Mr. CONGER, by unanimous consent, introduced a bill (H. R. No. lation. Unless there had been a distinct understanding that the . 3806) for the relief of Edward Corselius, Colby Short, James W. rights of these claimants should not be prejudiced by this partial Jubb, Sylvanus Avery, J. J.Hosmer, George Hopkins, W. M. Wright, provision for distribution, it is evident from an examination of the W. E. Clark, G. W. Cramton, .M. McDermott, and E. Allen, late mem- record that it never could have been adopted. 4248 CONGRESSIONAL RECORD-HOUSE. JuNE .29, The court of commissioners appointed under the act of the Forty- rebel cruisers other than the Alabama, Florida, and Shenandoah. In such cases, third Congress had awarded, up to the 1st of April, the sum of would not Great Brim in have had cause to complain that.she had been misled1 over- $8,078,033.59. To cover the awards yet to be made under thia act it reached, deceived¥ Would our Gi>vernment have been acting in good fruth in ma1ring such disposition of this fund 1 is estimated that 700,000 will be required. Under the act of the pres- ent Congress extending the time for claimants, it is estimated that Mr. LORD. Did not the decision to which the gentleman refers the awards will amount to $300,000. It appears from this that the announce distinctly that Congress could dispose of this fund in its total of all claims under existing laws will amount in round num- discretion T bers to about 9,300,000. Mr. PIERCE. I did not so understand it. I only know that they The sum received from Great Britain, having been invested in say distinctly that if Congress should give the fund to any partjes United States 5 per cent. bonds, now amounts to something over except those who lost by these three cruisers (and your bill gives It $20,000,000 in currency. If we deduct from this the amount already to other parties) Great Britain would have the right to claim that awarded and the estimated amount to be awarded, we have the sum she had been deceived, misled, overreached. It is for that reason I of $11,000,000 awaiting distribution. oppose this bill. Now, then, to whom does this money belong f The majority of the The claimants to whom the first preference is given by the majority comTUittee say that those who had property destroyed on the high bill, namely, those who sustained losses by the exculpated cruisers, seas by the exculpated cruisers (i.e., the cruisers for whose acts Great have no more right to a share in the distribution of this fund than Britain was not held responsible) shall receive the frst considera- they would if t.h ey had had property destroyed bv the confederate tion; that those who paid enhanced rates of insurance shall next be gunboats on the Mississippi and other rivers. The United States, considered; and that the insurance companies, which paid for prop- acting in their behalf, presented the claims and the evidence to the erty destroyed both by the inculpated and the exculpated cruisers, court of arbitration, and they were, as I have already shown, passed shall receive their compensation from what there is left, if anything. upon and disallowed. Said Judge Poland in discussing the question The following statement shows the claims already filed under these before this House in 187 4 : several classesvernment of the Unite.d States in respect of these claims, they have arrived, in- dividually and collectively, at the conclusion that these claims do not constitute upon the principles of international law applicable to such cases, good fou.ndatioii for an award of compensation or computation of damages between nations. Total ............................................................ 668,:1\3 68 Leaving the total amount claimed by other parties $1,668,411.51 That decision was accepted by the United States; and the Secre- Theclaimsforwarpremiumshaveamounted to$6,328,869.77,namely, tary of State, in communicating to ])lr. Davis the assent of the Gov- three hundred and forty-one claims filed before May 15, 1872, (from ernment to the action of the tribunal, said: revised list,) $6,146,219.71; sixteen claims filed after that date, (Miscel- This is the attainment of an end which this Government had in view in the put- laneous Document No. 270, House of Representatives, first session, ting forth of those cl::rims. We had no desire.for a pecuniary award, but desired an expression by the tribunal as to the liability of a neutral fur claims of that char- Forty-third Congress,) $182,650.06. acter. The President, therefore, * * * authorizes the announcement to the The total claims by insurance companies for losses by inculpated tribunal that he accepts their declaration as determinative of their jud~ent upon CJ;uisers amount to (including four years' inte1·est at 4 per cent.) the important question of public law upon which he bad felt it his duty to seek the $5,644,365.12. expression of their opinion; and that, in accordance with such judgment and opinion from henceforth he regards the claims set forth in the caae presented on It appears, then, that the total claims in each class provided for in the part of the United States for loss in the transfer of th~ American commercia.! the bill submitted by the majority are as follows: ma.nne to the British flag, the enhanced payment of insurance, and the prolonga~ First class ............................................ $1,668,411 51 tion of the war and the addition of a large sum to the cost of the war and the sui>· Interest.-~··.......................................... 266,945 li4 pression of the rebellion as adjuilicated and disposed of; and that consequent y they will not be further insist.ed uyon before the tribu.nal by the United States, Total............................................ $1,935,357 35 but are henceforth excluded from 1ts consideration by the tribunal in ma.1ring itt! award. Second class .. .. .. .. .. • .. .. .. .. . .. .. .. .. • . .. .. .. .. .. .. 6, 328, 869 77 Interest ............................................... 1,012,61916 It appears, therefore, that these claims for enhanced rates of insur- ance stood on the same footing as the claims for damages on account Total.......................... .... ...... • ..... 7, 341, 488 93 of the prolongation of the war. Third class............................................ 5, 534,145 30 Now, in regard to the insurance companies whose claims under this Interest................................. . . .. .. .. .. . .. • 885, 463 22 bill are to be paid out of what is left, if anything, after the other Total. .......................................... . 6, 419, 608 52 claimants· are satisfied, I think I can show, in a very few words, that they are the only parties named in the majority bill who have a valid Total of three classes ..............- ........................... 15,696,454 80 claim upon this fund, and their claim does not extend beyond the It appears from this statement that, supposing no additional claims losses on account of the inculpated cruisers. The award wn.s made were filed, the amount left after satisfying the first two classes would in compensation for property destroyed by the three confederate be about 1,700,uUO to meet claims for actual losses on the part of cruisers and their tenders, i.e., for ninety-four ships and cargoes. the insurance companies, which were covered by the Geneva award, Who were the owners of that property f The act passed in 1874 pro- amounting to $t},644,3G5.12. . . vided for the payment of those who had not their property insured. Now, although the finding of the tribunal was for the gross amount The right of the insurer to all claims of the assured, upon payment of damages inflicted by the inculpated cruisers, the Government is of the amount insured, has been decided by all tbe State and Fed- not relieved thereby from its obligations as the receiver in trust to era] courts. It is not a technical right but a natural one. distribute the money in accordance with the principles of law which Judge Story decided in Vasse's case, 1 Peters, 193, where the Span- obt.ain in every civilized community. . ish government paid the United States a sum of money awardod by In a recent opinion pronounced by the court of commissioners of commissioners in compensation for vessels seized and carried into Alabama claims, (West vs. United States, No. 91, page 12,) the follow- Spanish ports-a case in many respects like the one under considera- ing language is used: tion-that the money belonged to the insurer. He said: Do not national courtesy and good faith require of us to suppose that Congress, The law gives to the act of abandonment to underwriters, when accepted, all the in creating thls court, never intended we should distribute this fund other tha.n for effects w hien the most accurately drawn assignment would. The underwriter then the purposes tor w hicb Great :Hritain supposed she was paying it 7 For inst.a.nce, stands in the place of the assured and becomes lep:ally entitled to all that can be suppose Congress had chosen to keep half the fund and convert it into the Treas· recovered from s by the _depredations of to the underwriters upon property which had been seized or captured. 1876. CONGRESSIONAL RECORD-HOUSE. 4249 In a speech on the French claims delivered in the United St.'ttes Mr. HOLMAN. I move the committee be discharged and that tho Senate in 1835 Daniel Webster said: House ask for a further conference on the disagreeing votes. There is no more universal.maxim of law and juatice throughout the civilized :Mr. SEELYE. I think we n.re entitled, Mr. Speaker, to a more spe- world than that an underwriter who has paid a loss on ships or merchandise to cific statement of the ground of the disagreement. I take it it is the owner is entitled to whatever may be received from the property. His right very clear this agreement can only be gained by concessions on both accrues by the vary act of payment, and if the property or its proceeds be after- sides. It seems to me this House is entitled to know whether the com- ward recovered in whole or in part, whether the recovery be from the sea, from mittee of conference have made concessions which are judicious. captors, or from the justice of foreign states, such recovery is for the benefit of the undarm.iter. -.Mr. HOLMAN. Of course the gentleman from :Massachusetts is aware that the details of what transpires in the committee-room as In ths British counter case at Geneva it is stated that- between conferees are not proper to state. The American insurance companies who have paid the owners as for a total loss Mr. SEELYE. I understand that, of course. are in our opinion- 1\Ir. HOL"MAN. I can state the leading points of difference be- That is, of British counsel- tween the conferences of the two Houses. They are, first, in refer- ence to salaries of postmasters; secondly, to reduction of the cost of entitled to be subro~ted to the rights of the latter, according to the well-known transportation of the mails by .railroads; :md thirdly, to third-class principle that an underwriter who has paid as for a. total loss acquires the rights of the assured in respect of the subject-matter of insurance. matter. These are the three leading points of difference between the two Houses. And in this connection I may be permitted to state that I have .Mr. SEELYE. My speCial inquiry is whether the committee of con- the word of one of the arbitrators at Geneva that the claims of the ference has manifested a disposition to make becoming concessions. underwriters formed the basis of the award paid to this Government I take it this House is not going before the country to insist upon its by Great Britain, and that the records of the court clearly show that own way in the matter of disagreement betweerr it and the Senate. fact. - We. must have concessions made from both sides. I think we are en- "But" it is said "the insurance companies made money out of their titled to know whether the committee of conference . ~m the part of business during the war, and therefore they are not entitled to any the House bt board of arbitration has said in the construction of these rules to do was to determine as to the construction of those three rules, as ·no indirect damages shall ever be received and adjudicated upon or to what cha.rncter of claims shonld be received and what damages claimed as against neutral powers, and nothing but the strict de- should be recovered for the violation of those three rules. And, Mr. struction of property shall be c.onsidered in those claims, yet neither Speaker, there was nothing done or said by our Government th'1t Great Britain nor the United States is willing or desirous that the changed or affected the construction of that board of arbitration rule with that construction shall be extended to the other great pow- upon that subject. ers of the world. The gentleman referred to the rule which requires due diligence on What is the operation of it! If France and Great Britain were at the part of a neutral in preventing vessels from escaping; and he war to-day, and France goes into San Fmncisco and buys a Pacific said it was established there that the neutral government shonld have mail ·s teamer and puts out upon the ocean, and aft-er she gets out of notice before it should be held liable. Mr. Speaker, there was no the jurisdiction of the United Sta.tes arms and equips that steamer, agreement between the parties when that matter was settled. After then puts into a port at Alaska, and there the British consul notifies that protocol was entered into, after these indirect claims were ex- the Americ~n officer at that port that that vessel is endeavoring to cluded upon the ~ound that they were not proper claims a.ccording coal, that she has come in for repairs, to coa.l and to recruit, and he does to interna.tional law, then the board of arbitration called upon the not stop her but allows her to go out, what is the rule adopted here Y counsel on both sides to discuss the question as to what the term It is that every vessel afterward destroyed by that steamer so long as "due diligence" did mean and what it did include. It was one of she lives or floats upon the sea during that war the United States the last arguments made by the counsel on both sides before those Government must compensate the other nation for. It is a nlle arbitrators. After hearing counsel, they determined that question neither Great Britain nor the United States wishes to be extended or not by agreement, but upon the argument of counsel, and according promulg3.ted to any greater extent. to the laws of nations. The gentleman is entirely mistaken in sup- That wM the ca-8e of the Shenandoah. She belonged to the East posing that our Government yielded one inch in that respect. It con- India trade. She was owned by Bombay merchants, and, according tended all through for all the claims it had put in until those claims to my recollection, was known by the name of the Sea King. She were ruled out by the arbitrators us not being proper claims to be was bought in England, was furnished with her arms and equipment introduced before the board. after she left England. · Mr. LORD. Is not the gentleman aware that it was upon the mo- Mr. LORD. That is a mistake. She wa armed, equipped, an!l tion of· Mr. Charles Francis Ada.ms that those claims were ruled manned in England. The only change made was that she took a con- against by the tribunal; that Mr. Adams, finding the Senate had federate captam from the South. a{}journed and that the supplementary treaty would not be carried Mr. LYNDE. Here is the statement of the facts given in tbe opin- through, advised the tribunal to find in that regard just as they did ion of 1\fr. Staempfli. Each one of the arbitrators in giving his opinion find, rather than have tbe treaty fall through ¥ was required to give a statement of the facts as to each of these ves- Mr. LYNDE. Mr. Speaker, I know nothing of this matter except sels and the law applicable fo each: what appears of record; and I find in protocol 5 what I a.sk the 1. This vessel was originally the Sea King, a merchant-vessel belonging to a firm Clerk to read. in Bombay ; she was employed in the East India trade, and was built at Glasgow Mr. LORD. I do not refer to the protocol. The history of the case in 1863. She w.ts a long, rakish vessel of seventeen hundred tons, with engines of shows under whose advise that action was taken. two hundred and twenty horse-power, (Robertson & Co., who sold her, say only one Mr. LYNDE. The protocol states that it was the unanimous opin- hundred and fi.f ty horse-power, and not two hundred and twenty,) making ten knots an hour; she had made .three hundred and twenty miles in twenty-four ion of the :ubitrators tha.t these claims were not a proper subject- hours; and was built by celebrated ship-builders on the Clyde. · matter of arbitration, and were not proper snbject.s for an award of 2. She left in November, 1863, for New Zealand anu for the China Seas, andre- damages. I ask the Clerk to read from the protocol. turned to London with a. cargo of tea. Before her voyage to New Zealand, Dudley saw her at Gla gow, and pointed her out to his superiors as a. steamer likely to be The Clerk read as follows : intended for a. privat-eer. The application of the agent of Her Britannic M.'\iesty's government being now be- 3. On the 20th September, 1864, she was sold in Lonrlon to Richard Wri"ht, of fore the arbitrators, the president of the tribunal [Count SclopisJ proposes to make Liverpool, a British subject, and father·in-law to Prioleau, head partner of Fraser, the following communication on the part of the arbitrators to the parties inter- Trenholm & Uo. The sale was re~stered the same day. ested: 4. On the 7th October, 1864, Wng;ht gave a power of attorney to a man named The arbitrators wish it to be understood that in the observations which they are Corbett, a British subject, (who was implicated in matters connected with vessels about to make they have in view solely the application of the agent of Her Britan- rnnning the blockade,) enabling him to sell the vessel whenever he could within nic Majesty's government, which is now before them, for an adjournment, which six months, at a minimum price of £45,000 storling. might be prolonged till the month of February in next year; and the motives for 5. On the 8th October, 1864, she cleared for Bombay; left London with a crew that application, namely, the diffl.'rence of opinion which existamer, theBritishflag;" second, "Theenhancedpaymentsofinsurance;" and, third, "The nearly new, and of first-cia s make, left Liverpool with about twen~ citizens of prolongation of the war, and th~ addition of a large sum to tbe cost of the war and the Southern States on board, and some cases ma.rked "ma.chinery,' which con- the suppression of the re8elliou; " and the hop~t which ber Britannic Majesty's tained g1ms and gun.carriages, such as are used on hoard sLips of war. The Laurel 1876. CONGRESSION1-\.L RECORD-HOUSE. 4253 th.e questio_n whether they h~d made money from other parties by pre- and the Sea King had arranged to meet in the bay of FunchaJ, in the island of Ma- deira. mmms wh1ch they had recmved on other property has nothing what. 7. On the 19th of October the Sea King; ~IDived off Funchal; the Laurel bad pre- ever to do with that loss. ceded her by two days. The two ships met and effected the transshipment of the Mr. LORD. Will the gentleman permit me another question, and I cannon, &c., (six large guns, two small, carriages, munitions, powder, muskets, &c.) For this thir~-six hours sufficed. Corbett then came forward, announced the sale am through f of the Sea King, and tried to induce the crew to 1·ema.in. Out of eighty sailors, 1\Ir. LYNDE. Yes, sir. however, only twenty-three remainf'd. The officers and men retained in the Sea. King numbered in all forty-two, and hardly formed half her proper complement,1\Ir. LORD. Under the law of subrogation, as regards the spes re- which forced her to use her engines. cuperand·i, is it not true that the insurer is entitled to the difference She took the name of the Shenmresented by you to the lost, and therefore it was lost to them. It was their loss. And now honorable body over which you preside: 4254 CONGRESSIONAL RECORD-HOUSE. JUNE 29, To the honorable the Senate and House of Representatives of tho United States in (ton. the treaty-making power, without the aid of Congress, can carry it gress assembled: into effect. Until this power is exercised, as where the appropriation The National Board of Trade of the United Sta.tes,in session in t~e city of ~ew of money is required, the treaty is not perfect. This results from the York, addresses its memorial to your honorable body ea.rnestll_pra.ymgtha.t silver coin shall not be made a legal tender for a.ny sum larger than ~a. limitations of our Government. The action of no department of Gov- By unanimous vote of the board this day. ernment can be regarded as law until it shall have all the sanctions FREDERICK FRALEY, required by the Constitution to make it such. As well mi~ht it be President National Board of Trade. contended that an ordinary act of Congress without the s1gnatme LEAVE OF ABSENCE. of the President was a law, (vide seventh circuit of Michigan, 1852, By unanimous consent, leave of absence was granted as follows: Turner VB • .American Baptist Missionary Union, 5 McLean, page 344.; To Mr. HoGE for two weeks on account of business ; and Congress may repeal a treaty; (first circuit of Massachusetts, 1855, To Mr. VANCE, of Ohio, for six days. Taylor vB. Morton; 2 Curtis, circuit court, page 454 ; affirmed, 2 Black, EYROLLED BILLS SIGNED. page 486.) .An act of Congress can abrogate a treaty ; (Supreme Court 1870; l\Ir. HAMILTON, of Indiana, from the Committee on Enroll~d Billa, The Cherokee tobacco, 11 Wallace, page 616; second circuit of New reported that they had examined and found tn;'lY e~olled b1lls aud York, 1871, Ropes VB. Clinch, 8 Blatchford, page 304; 13 Int. Rev. a joint resolution of the House of the followrng t1tles; when the Rec., page 132.) Speaker pto tempote signed the sa,me: . Congress may abrogate a treaty, provided the subject-matter is .An act (H. R. No. 1797) providing for the sale of the Kansas Indian within the le.~}-slative power of Congress. (United StatesvB. Tobacco la,nds in Kansas to actual settlers 3Jld for the disposition of the pro- Factory, 1 Dill.) ceeds of the sale ; As well might we say that an ordinary statute is passed and has .An act (H. R. No. 3495) for the relief of the ma,il contractors on become a law when it ho.s not been concurred in by either the House route No. 19319, in Tennessee; and or Senate. Joint resolution (H. R. No. 129) authorizing the Secretary of War This treaty, then, not having been "appro\ed by Congress," the to issue arms. House not having acted upon it, is not only voidable but void, and The motion of Mr. LORD was then agreed to ; and 'l.ccordingly ( a:t is not binding upon either party, and before I close these remarks I :five o'clock and three minutes p.m.) the House took a recess until will try to satisfy you, sir, that the Indians, allowing their acts to eight o'clock p.m.) demonstrate their meaning, so regarded it. The authorities upon this point are all one way. None can be found contravening the doctrine EVENING SESSION. here laid down. The recess having expired, the House re-assembled at eight o'clock 2. .Again, as to the title of the Indians to their reservations. The p.m., the Speaker pro tempm·e in the chair. right of Indians in their lands is ~hat of occupa,ncy ~lone. Posses- ORDER OF BUSINESS. sion, when abandoned, attaches Itself to the fee without further The SPEAKER pro tempore. The session of the House to-night is grant. (19Wallace, United States VB. Cook, page 591.) The fee is in the United States; this is the title by which they hold their lands. It for debate only, and for tlie reception of reports of committees of was so decided by the Supreme Court as early as 1823 in Johnson VB . conference, should any be made, no other business whatever to be Mcintosh 8 Wheaton, page 574. The authority of this ca e has never transacted. been doubted. (1 Kent, page 257; Worcester VB. Georgia, 6 Peters, SETTLEl\IENT OF THE BLACK IDLLS. page 580 ; Cherokee Nation VB. Georgia, 5 Peters, page 48.) Mr. KIDDER. l\Ir. Speaker, on the 28th day of February last I The laat point made in relation to the title of the Indians to their introduced the following bill: lands is not presented to sustain the doctrine in this case that the Be it enacted by the Senate and House of Represe:ntatives of the .United Stat_es of Indians h~ve abandoned the reservation, because the facts will not .A:merica in Oongress assembled, That all that portion of country m the Territory sustain it. They have not, in accordance with legal technicality, of Dakota lying between the forty-third a.nd forty-sL-rth degrees of north latitude and the one hunclred and second degree of west. longitude and the western bound- abandoned it, but the truth is they have never occupied the Black ary of the Territ~ry of Dakota. is hereby declared to be open to exploration and Hills part of it for any purpose whatever, and are now only standing settlement; and the true intent a.ncl meaning of the treaty with the Sioux Indians~ guard at the portal thereof like the "dog in the manger," except that concluded April29, 1868, is declared to be that men and women are not excludea they may also satiate their blood-thirsty appetites in the warm, gush- thereby from traveling over, exploring, or settling upon a.ny portion of said Tern· tory included within said boundaries. ing gore of inoffensive· victims. This point is presented to merely SEc. 2. That it shall be lawful for any person or persons to travel upon, over, or show that the equities in this regard are all in the United States. through, on foot or otherwise, any Indian reservation in aid T erritory, for the pur- The stipulations of the treaty have been broken on the part of the pose of arriving at, going to, or reaching any point or place within the boundaries savages; we are therefore under no obligation to support them or not aforesaid, and returning therefrom in the same manner. STATEMF.NT OF FACTS. to occupy this reservation. For the sake of the argument only, we will admit that the treaty The area of the Sioux Indian reservation in Dakota, including all was ratified according to law and is binding upon the parties, and additions, is 56,072 square miles, or 35,!:386,080 acres. The area of that insist that it has been broken by the acts of the Indians in such a portion of this reservation lying west of the one hundred and second manner that our Government is in no way under the least obligation degree of west longitude, which includes the Black Hills, is 30,636 to respect it, and it should be regarded by us as null and void. square miles, which will leave, after this portion is opened for settle- I purpose now to ventilate this view of the question, and in- ment as a reservation 25,436 square miles, or 16,279,040 acres. More than' one-third of the entire Territory of Dnkota is now included in this reservation. qu~~ the Indians lived up to the obligations of the treaty on their part! The number of Indians parties to this treaty, as reported by the By article 11, among other things, the Indians agreed "that they several agents, is (men, women, and children) 40,391. will not attack any persons a home or traveling, nor molest nor dis- If these lands ha.d been assigned to the Indians in severalty, each turb any wagon-trains, coaches, mules, or cattle" of other persons; Indian, squaw, and papoose would have had a title to more than 888 " that they will not attempt to harm white persons," &c. acres. Take from this reservation 30,436 square miles, what this bill We are told by persons who boast of their Christian philanthropy ca1ls for, and then there will be reserved fo~ each In~an m~n, W?- and transcendent love for the Indian that all of our troubles with man and child over 482 acres, when a white man, mcluding his these people, the robberies and murders they commit upon the whites, famlly, is entitled to only his rights by pre-emption, homestead, and are the legitimate result of our tyranny and oppression of them. timber culture, 480. Pass this bill and there is left for each lp.dian, How convenient for philanthropic purposes and advancement of estimating six in each family of white men, more than five times a..s human efforts to benefit these Indi:ms1 whether pretended or real, much land as we are severally entitled to. practical or impractical, this may be m excusing the barbarities of Our Government agreed to subsist these Indians, by stipulation in the savages, it lacks the essential quality of truth to sustain it, while this treaty, four years; but since the expiration of that time (1873) it tends to engender a false and sickly sympathy in behalf of the In- it has continued to feed them until up to the time of the making of dian race and a. prejudice toward our own. the report of the Secretary of the Interior for 1875 it had expended No reliance can be placed in the plighted faith of the North .Amer- for that purpose $3,395,000. ican Indian until he has become civilized and enlightened. The fic- The treaty was never "approved" by Congress. tions of Cooper and Longfellow have no existence in fact; they are The statute which authorized the making of the treaty (t'ide 15 purely imaginary and meretricious. This want of :fidelity is shown Statutes at Large, page 17, section 2) reads as follows: by their utter disregard of their treaty stipulations and in all their The commissioners are required to select a district of country for the Indiana, dealings with the white man. and "when so selected, and the selectim approved by Congress, shall be a.nd re- See what our Government has done for them, as I have before main permanent homes for said Indians," &c. stated, by way of furnishing them subsistence. 'Vhat h:tve they done The treaty was not before the House. The House neverconsidered in return t From the day they fixed their cross to this treaty hith- or passed upon it. It was ratified by the Senate only, and therefore erto they have been engaged in predatory r(l.ids upon our western not "approved by Congress," as the act authorizing the commission frontier, robbing and murdering the white settlers, sparing neither to treat with the Indians required it to be; consequently the so-called age nor sex, nor condition in life, committing such "hellish torture treaty did not become a law. as can only be suggested by savage lust." Hundreds, yes, I may with AUTHORITIRS IN POTh'T. truthfulness say thousands, (if we could ever arrive at the facts,) of 1. A treaty under the Constitution is declared to be the supreme our frontier settlers, whom this Government of ours is bound to pro- law of the land. This, unquestionably, applies to all treaties where tect, have fallen victims to the :frighful forays of these bQ.rbarians. 1876. CONGRESSIONAL RECORD-HOUSE. ' 4255 Human life and property have not been secure from the midni~ht to our citizens f If a treaty did exist, who suffers from its violations f incursion, the fatal rifle-shot, the tomahawk, and scalping-kmfe. Most surely the party who violates it. When the pirates from Trip- More than two hundred American citizens (we know) while employed oli outraged our commercial pride the young nation hesitated not a in lawful pursuits in the Northwest, and on the cededlands, too, moment, and demanded and received prompt satisfaction. No; this have been murdered by the Sioux within the last seven years and sickly sympathy, born in false teachings, reared beyond the reach of before the attempted occupation of the Black Hills by the whites. the arrow and tomahawk, must be taught to know that the pioneers Miners, wood-choppers, steamboat-men, and others have been ruth- have a right to live in quiet possession of homes wrung from field lessly murdered by them while in quiet pursuit of their legitimate and forest, blessed by love of wife and caresses of children, undis- business, and our Government at the same time expending millions turbed by the yell, tomahawk, and shot of these" treaty wards of of dollars annually for the support of these s1me Sioux, without con- the nation." sideration therefor or expectation of being benefited thereby. Now, sir, these atrocities, depredations, and murders were not com- In view of these facts (and strange and horrible as it may appear) mitted by the lower grade of the Indians, but were instigated and it is our frontier history. I ask what kind of a claim, if any, have participated in by the head-men and chiefs of the various tribes, they upon us f many of whom had just returned from the sweet endearments of I have lived upon the frontier about twenty years, and have had Washington's national hospitality. These leaders were not ignorant an opportunity to know as much by ocular observation as a man of their responsibilities, but were conscious that if caught there was who has never crossed going westward the Hudson or :Mississippi sufficient pulpit and press sympathy to enable them to escape pun- Rivers. ishment. Need I allude to the instances where conviction and sentence To-day Sitting Bull and his associated chiefs, who were parties to to death have been pardoned by appeal to the Executive by those this treaty, with their three thousand warriors from their strong- striving to do right, have erred mightily. holds on the Yellowstone and Powder Rivers, hundreds of miles from With these facts before us, can any man say they have lived up to their reservation, shake their bloody girdles of white men's scalps, their treaty stipulations! No, sir. on some of which the human gore has not yet coagulated, in the faces Treaty or no treaty, we shall ever continue to take care of them. of your officers, and bid defiance to your laws and military authority. The Divine Master said to his chosen apostles: ''The poor I leave with you." He must have meant, as to the United States, "Lo, the SPECIFICATIONS AGAINST THE SIOUX. the poor I leave with you," as a perpetual heritage. The Black Hills In 1870 :fifteen men were murdered by these Indians on the Mis- are of no use to them, as I have said before, neither as a hunting or souri River just below Fort Peck. The steamer Key ':Vest, when nav- :fishing country; but to us in the West particularly, and to the entire igat.i ng these waters in 1871, was :fired into and the clerk wa8 shot nation, of incalculable value. Opened up by our hardy and indus- through the body. Ten men were murdered by them near the pres- trious people, soon a populous country will be known, and in a shorter ent site of Carroll on the Missouri. Near Fort Lincoln, Bismarck, space of time than Colorado, with her acknowledged wealth, will and Fort Berthold, annually since 1S68, many white men have been come a new State, to add light and beauty to the glorious constella- killed by them, and in all over twenty-nine. In 1873 above and near tion of States. Fort Rice seven white men were slain by them. In the fall and win- Pass this bill, and you invite to a. healthy, salubrious, and fertile ter of 1874-'75 thirteen men were killed by Sitting Boll's party on the country the masses who are dying for want of space in your beauti- Yellowstone River. In Judith Basin twenty-four men were mur- ful cities; deny it, and you simply put blocks in front of the car dered by the Sioux between the years 1870 and 1875. Within the which" westward takes it course." Pass it, and you benefit the In- time last named more than one hundred persons have been killed by dian in spite of himself, for then each one will possess in his. own them on the North Platte and north of the Union Pa~i:fic Railroad, rire they choose to think that the sale of lot- Baltimore lotteries since 1859. I happened to be on the very com- tery tickets is not criminal or improper. In many Stateti a great mittee which framed the provision that prohibited by the constitu- change has come over the minds of citizens of the States. In my tion our ever having a lottery in Maryland again. We have none own State for many years lotteries were authorized. We have built there. monuments, we have raised moneys for various. public institutions- Mr. LOGAN. The Senator will understand me. I did not sa.y you I and so in Kentucky, in other States-by means of lotteries; but had any now. I said "the Baltimore lotteries," speaking of them lotteries are not now tolerated in my State nor are lottery tickets when they existed, were as great :fmu.ds as were ever known in this permitterl to be sold in the State. Therefore, as far as Maryland is country. concerned, this would have no application whatever; but in States Mr. WHYTE. That is not so. like Louisiana, Kentucky, Alabama, or Georgia, and Virginia, where Mr. LOGAN. So are the Louisville lotteries that are in existence I think they are permitted to draw lotteries of some character, it to-day, and the Louisiana lotteries that are in existence to-day. would be highly improper, in my judgment, to allow the postmasters Many people in my part of the country have been made the victims to prevent the circulation of lottery circulars while those States of these gambling frauds. They are nothing more than gambling allow lotteries. The provision o:f the la.w as it now stands operates hells. I would just as lief legalize and license to-day a house in upon " illegal lotteries'' only, upon lotteries that are unauthorized Washin~ton for dealing faro as to legalize a lottery. They are on the by law, and I submit to the Senate that the law should stand as it Rame pnnciple, except that I think to deal in faro is a little faire!', now stands, so far aa this second section is concerned. The question, because a man can stand by and see when they steal from him and - if I remember correctly, came up in 1860, and if I had time I proba- in the lottery case he cannot. That is. the only difference. I hope bly could find the opinion of the Attorney-General of the United the Senate will maintain the proposition in this bill that the Senator States upon the subject. from Maryland moves to strike out. The PRESIDENT p1·o ternp01·e. The question is on the motion of Mr. MORRILL, of Vermont. In addition to what the Senat.Qr from the Senator from Maryland [Mr. WHYTE] to strike out the second Maine and the Senator from Illinois have said upon this subject, it section of ~.be bill. is obvious that if thirty-six States wero to make the most penal stat- .Mr. HAMLIN. A very few words in reply to what ha-s fallen from utes against lotteries, and the mails were open to one that allowed the Senator from Maryland. lotteries, the laws of the thirty-six States would be rendered nuga- The Senator has stated precisely what the second section means. tory, because all the people of the thirty-six State8 could obtain their All lotteries are regarded, when legalized, as legalized gambling; and tickets from this one State aa well a-s though they were authorized in that view the Committee on Post-Offices and Post-Roads, with the from the whole. Therefore if the matter is allowed to run thronuh concurrence of tbe Department, deem it wise and just and for the best the mails, any laws by any State against lott-ery tickets are entire1y interests of the country to strike out the word ''illegal" and to pro- valueless. hibit the transmission through the mails of any matter relating to Mr. MAXEY. Mr. President, I am a member of the Post-Office Com- lotteries. That is precisely what we mean. The difficulty which tho mittee. I rBgard this lottery system as one of the greate t cm'Ses that Department labors unuer is in determining what are and what are not ever was inflicted upon the American people. It fosters and encour- legal l?tteries. A great many schemes are gotten up, some in the ages gambling and vice; it is ruining many of the poorer portion of 1876. CONGRESSIONAL RECORD-SENATE. 4263 the community. In the State in which I live we have a constitu- been in grafted another miserable, vicious system known as the policy tional provision which prohibits lotteries, and yet there are gift enter- system, whereby negroes and poor people all over this land have been 'p rises of one kind or another scattered all over that State endeavor- swindled by policy dealers, whose swindling transactions are based ing to evade the law and obtain by false and fraudulent means the upon the drawings of the lottery. money of the people. I am not defending lotteries here ; nothing was further from my The Constitution of the United States confers upon Congress the thought when I rose in this Chamber on this bill. I rose in behalf of power ''to establish post-offices and post-roads." That is not for the the people of States that choose to legalize lotteries; a people who benefit of one State, but for the uenefit of the whole people as one choose to believe that it is not immoral ; that it is not degrading; that great Federal Union. For the benefit of the whole people these post it is not injurious to public morals to allow lotteries to exist. I rose offices and post-roads are established. Upon logic, if the Congress of in behalf of t4e people of a State that entertained such ideas a~ those the United States has the power to prevent the passage of obscene to speak for them and say that Congress ought not to interfere to pre- books, pamphlets, and pictures through the mails, in like manner it vent t.he parties authorized within the confines of a State seniling has the power to prevent any other thing which is immoral in its lottery circulars legally within the State to other post-offices through- tendency. If it be true that you can permit a lottery ticket to pass out that State. That is all I rose for, in the interest of people within from one post-office in a State to another post-office in the same St.ate, the States and only in their interest. Personally I have none ; my the inevitable togio of that would permit an obscene book, pamphlet, people have no interest in this matter. It is a violation of the law or print to pass from the post-office of one State to another post-office of my State to sell a lottery ticket, or to sell a ticket based upon a in the same State. Hence the whole of it turns on t.he same general lottery, known as "policy." It is against our law ; men are punished theory, that you cannot use this common carrier established by the with the severest penalties, a thousand dollars' fine and imprison- Constitution for the benefit of the whole people for any; grossly im- ment in the jail, for selling a lottery ticket Ol" a policy ticket within moral purpose. We had that question before the committee, as t.be my State. President of the Senate very well knows, in regard to that very mat- .Mr. MORRILL, of Vennont. Will the Senat.or allow me to inter- ter. rupt him so far as to correct his statement that the Government of the It may be that I go too far on this subject of lotteries; but I regard United States at any time have done anything in order to encourage them as a perfect curse, and I believe in bringing the strong hand of lotteries. The very law to which he refers was an obstruction to lot- the Jaw down and stopping them, and I do not believe it is in viala- teries, taxing them very severely if they existed in any State, and tion of any constitutional right; because I believe the power which especially providing that nothing in the law contained should be is conferred upon Congress "to establish post-offices and post-roads:' construed to legalize any lottery, whereas the Senator's proposition was designed to make them for the benefit of the whole people of the i1:1 to furnish facilities for lotteries. country. :.Mr. 'WHYTE. Certainly, Mr. President, I did claim that Congress Mr. MORTON. Mr. President, in prohibiting the transmission of legalized lotteries, but you made money out of them wherever they auy matter t.brough the mails there ought to be great care used and were legalized. Yon took good care to tax them, and to put the money it ought to be particularly described and defined. All of that which in the Trea~ury wherever you could lay your bands upon them; and is described in the beginning of the first section of this bill is emi- it will not do to-day, when there is no money to be made out of them, nently proper to prohibit from being transmitted through the mails; t.o rise and denounce them, as if they wero something just found out but there is a part of that section that I think is vague and susc{'lpti- to be hurtful to the community. ble of abuse. It prohibits the t.ransmission through the mail of "every Mr. MORRILL, of Vermont. Precisely as we make money out of article or thing intended or adapted for any indecent or immoral use." the liquor traffic and as we make money out of those who commit What is an "immoral use f" That question may be subject to very any criminal offense: we subject them to a fine. different opinions. The word "obscene " is well defined; we can un- Mr. WHYTE. There is no provision in this law to keep a bottle of derstand what that means; but when you prohibit everything that is whisky from passing through the mails. You do not stop that. for an immoral use, there would be wide ilifferences of-opinion on Mr. CONKLING. Certainly, that is embraced. That is ''adapted that point. to an immoral purpose." Mr. CONKLING. The same words are in the law now. Mr. WHYTE. It might be for medicinal purposes. Mr. MORTON. That may be. I remember a time when certain Mr. CONKLING. It might. be, but it is "adapted to an immoral newspapers and pamphlets were prohibiteu from going through the p11rpose." mails in certain States, because they were held to be of an immoral l\h'. WHYTE. So is almost everything in this world liable to abusE\. and seditious character-of "an incendiary character," as my friend 1\Ir. SHERMAN. You can send the whisky in a tin can. from Ohio [Mr. SHERl\UN] suggests. Public opinion has changed upon Mr. WHYTE. It drinks just as well out of a tin can, I suppose, as that point. But w bon we come to prohibit the transmission of any out of a glass bottle. matter through the mails, we ought to understand pretty well what Mr. SHERMAN. It would be liable to break in the mail in a glass H is. There are many things that a portion of our people wou1d con- bottle, and therefore would not be sent in that way. sider immoral that other portions would consider entirely moral. Mr. \VHYTE. But, Mr. President, I do not wish to detain the Sen- Some people might consider a pack of cards highly immoral; others ate. The bill wru; hastily brought into the Senate, hastily reported might think they were entirely proper. Many other things might be this morning, and a.ction asked on it. enumerated. Mr. HAMLIN. It was reported long ·ago, and passed the House Mr. WHYTE. I am delighted that our friends on the other side, longer ago. the Senator from Illinois and other gentlemen, have suddenly become Mr. WHYTE. The bill does not appear to have been reported nntil moralized, if I may be permitted to use that expre:ssion. They were this morning, as I find it on my table. However, I have called tho not so very moral when they could make money out of lotteries dur- attention of the Senate to it; that is all I meant to do. I wantefl ing the war. The Internal Revenue Department taxed lottery tick- the Senate to know and appreciate that, in the passage of this bill as ets. it js, they were,_ in States where lotteries are permitte(l, preventing Mr. LOGAN. What does the Senator mean when he says, speaking the cil:culation of lottery circulars within the confines of those States. of certain Senators, that they were not so very moral during the war 7 Mr. LOGAN. I merely desire to say in reply to the Senator from Does he 1·efer to us as having any~hing to do with lotteries f Maryland and his reference to me about my becoming so moralized, Mr. WHYTE. The Senator must not misunderstand me. I say that as he calls it, that I am a little surprised at his po ition. He admits to-day it is immoral to allow lottery tickets to go through the mail, that lotteries are immoral in their tendency and in fact, and that while during the war or toward the close of the war it was perfect.Jy while they existed in Baltimore they were so demoralizing that his moral to tax lottery tickets and to make money out of the sale of lot- State had to pass a statute prohibiting them, and attach a penalty to tery ~ickets I That is all I mean to say . it, I believe, of $1,000 Jiue and imprisonment. He adruits that his .Mr. LOGAN. That depends on the men who were in Congress at State and that he, taking part in the organization of the funda- that time ; a different class perhaps. . mental law of the State, advocated that proposition. Therefore, he Mr. WHYTE. No man has ever set his face against the sale of lot- admits by his argument that they are immoral and wrong, and ought tery tickets more thoroughly than I have. I was on the very first to be prohibited; bnt, inasmuch as they are not prohibited in some committee in the Legislature of my State that broke it up. It was a places, therefore he desires that those places shall ha.ve an opportu- system that had existed for years and years in the State of Maryland; nity of exercising this immoral course of conduct. That is the argu- it was supported by some of the very best men in the State of Mary- ment of the Senator from Maryland; immoral in Maryland, but per- land. The trustees and managers of it were among the very best cit- fectly moral in Louisiana; immoral in Maryland, but moral in Ken- izens of Maryland, and they at that time saw no impropriety in the tucky; immoral in Maryland, but moral everywhere else where they ~ sale of lottery tickets. It was a game of chance conducted upon sci- exist in accordance with law l Now, I should like to ask the Sena- entific principles; and when the Senator from Illinois charges that tor-of course it is a proposition that is outside of our present ideas- the lotteries as conducted in Baltimore were frauds, be does not know suppose some State should legalize horse-stealing, would he advocate what be is talking about-that is all I have to say on that question- the sending of circulars through t.h e mails for the purpose of encour- b'ecau.se they were conducted by managers appointed by the State of aging men to commit horse-theft in the country! That is his argu- the highest character, who controDed the drawings that were made ment. Although wrong in his State, if it is legalized in another State, upon • combination that was perfectly scientific and where there was therefore it must be lawful in all the States. That is the argument no cheating whatever. But the game was a game of actual, pure of the Senator from Maryland. chance, just 88 at your fairs you put your hand m a "grab-bag" and Now, my theory is that if it is immoral in Maryland it is immoral pay for taking out all that your hand can include within it. It is a anywhere else; if it is wrong in one place it is wrong in another system which ought not to be encouraged, because on the top of it bas place. If it strikes the sense of the proper community as.wrong, it 4264 CONGRESSIONAL RECORD-SENATE. JUNE 30, is wrong; and, as I said before, I would just as lief authorize circu- concessions as should be agreed on by both parties. That was the la.rs to be sent out from a gambling-house in Washington City en- standing of the question on the first conference. couraging people to invest their money in what is called bankin~ in Now, one of the principal difficulties was the proposed change of the gambling parlance, a faro-bank or roulette, or anything of that kmd, law affecting salaries generally, and as that was a matter which the as to authorize the sending of circulars encouraging persons to put conferees on the part of the Senate did not believe, if it was just and their money in a lottery. proper in any sense, was at all consistent with an appropriation bill, Now, let us see whether it is dishonest or not. He says some of the they held, in harmony with what they believed to be the sentiment nicest people in Maryland, some of the most enlightened people in of the Senate, that that was not a fit and proper thing to attempt to Maryland, some people of the highest character in Maryland, were do on an appropriation bill, that it was impracticable and inexpedient, trustees for the lottery. I do not know what you call them, lottery of- and that it ought not to be attempted on the part of the Senate and fices or whatever that may be-lottery schemes. Some of t.he honest ought not to be forced on the Senate by the House. That was really people of MMyhmd-doubtless he thinks they were honest-were so the main point of disagreement. engaged, he says. I should want to have a great deal of evidence to Now, there has been some attempt on the part of the conferees to satisfy me that any man who went into a lottery Rcheme wa an avoid that difficulty, to come to some conclusion by which salaries, honest man. I may be wrong about it; but when a man tells me eit.her in full or in part, may be appropriated for as the Honse see that he sells me a ticket for 10 and tl..tat that ticket only has one fit to make them, as it is dffi.cult for us to say bow much they shall chance in a t.housand to draw a cent, and calls that an honest per- appropriate. There has been an attempt on the part of the confer- formance, I do not believe it. And I do not believe any honest man ees, I repeat, to avoid the real point of difficulty, which is the at- will engage in a lottery business. Men may be wealthy and consid- tempt to change laws establishing sahuies or the public service in ered as standing very well in society because of their wealth or their aJJy other sense, without the consent of the Senate. position; but, if they have made their wealth by lottery schemes, The House of Representatives, having asked this conference, of they are no better than gamblers, no better than the keepers of gam- course were bound to make a proposition, and I will read the propo- bling-houses, and ought to stand no better in the community. When sition for the information of the Senate, to enable us to understand a man tell.ti me that a person engaged in the lottery business is a gen- precisely the point of difference between the two branches as repre- tleman, I say to him he is such a gentleman as a gambler is anywhere, sented in the propositions submitted by the committees. The tirst and no more. If a man has made a fortune by gambling, his f01·tune pro_position of the House conferees was: may give him a certain position in society, people may tolerate him SEC. 2. Tlmt the sums herein appropriated- because he has a fortune, but it is his money, not the m:tn, that se- cures recognition. Itison the principle that if aman owns a jackass Referring to the bill, of course. he may vote, and if the jackass dies, he shall not; so that the jackass That the sums herein appropriated as the compensation of the officers and em- ploy6s of the Government respe0tively ennmeratot:d in this act shall be in full for is respected and the man is not. That is all there is of it. And that all compensation to such officers or employes for the fiscal year ending June 30, is the principle on which men who engage in lotteries are considered 1877, unless Congress shall otherwise provide in the manner hereinafter authorized. gentlemen in this country. They are gamblers, extortioners, and Then follows an additional section : I men who act in a fraudulent way for the purpose of depriving their SEC. 3. That a joint select committee of four shall be appointed, two by the pre- fellow-citizens of their money. They ought not to be recog$ed siding officer of each House, whose duty it shall be to inquire into the requisite either by law or by the courtesy of society, nor do I think the gen- number and proper salaries of the officers, clerks, and employ6s in the several Ex- tlemen who defend them have a very nice notion of morality either. ecutive Departments of the Government, with a view to the due and permanent The PRESIDENT p1·o ternpm·e. The question is on the motion of adjustment of the same, having regard to ajnst public economy and the efficiency the Senator from Maryland to strike out section 2. On this question of the service. Said joint committee shall sit during the recess of CongTess, and shall make their report thereon to the two Houses on the 1st Monday of December the Senator from Louisiana has asked for the yeas and nays. next. The yeas and nays were not ordered. That was the proposition on the part of the House conferees, to The PRESIDENT pro tempore. The question is on the motion to which the Senate committee replied with a proposition striking out strike ont. the second section, which fixes the permanent salaries, and inserting The motion was not agreed to. . in lieu of it : The bill was reported to the Senate as amended, and the amend- That a special committee of four, two of whom shall be ifpointed by the presid- ment made as in Committee of the Whole was concurred in. ing officer of each Honse, be appointed. whose duty it sha be to inquire into the The amendment was ordered to be engrossed, and the bill to be read subject-matter of the salaries of the clerks and officers in the Executive Depart- a third time. ments with the view to a. revision and adjustment of the same, having due regard to a just public economy and the efficiency of the service, and make report of their The bill was re:1d the third time, and passed. AMENDMENT TO APPROPRIATION BILL. - ... doings therein on the 1st day of the next session of Congress: And provided, That any change in said salaries made thereupon by Congress shall take effect from the 1st day of July, 1876, and all persons who shall be affected thereby and who shall Mr. HARVEY submitted an amendment intended to be proposed continue in the service shall be deemed to have accepted the terms hereof and ac- by him to the bill (H. R. No. 3749) making appropriations for sundry quiesced therein. civil expenses of the Government for the fiscal year ending June 30, Keeping in mind the point of difference between the two Houses, 1877, and for other purposes; which w::ts referred to the Committee which was the resistance on the part of the Senate to any attempt on Appropriations, and ordered to be printed. on the part of the House to change a law fixing salaries or chang- LEGISLATIVE, ETC., APPROPRIATION BILL. ing t.he public service in any essential particular tow hich the Senate could not agree, our conferees sought to avoid it. The House propo- Mr. MORRILL, of Maine. I ask leave to present a report from the sition, it will be perceived, is that the salaries provided for in the committee of conference on the disagreeing votes of the two Houses bill, enumerated in the bill, shall be fixed as thus provided for for on the legislative, executive, and judicial appropriation bill. the coming fiscal year. The report was read as follows : Mr. EDMUNDS. That proposition is to decide the case first and The committee of conference on the disal!l'eeing votes of the two Houses on the try it afterward f amendments of th~Senate to the bill (H. R:-No.2571) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending Mr. MORRILL, of Maine. Precisely. It will be seen that does not June 30,1877, and for other purposes, having met, after full and free conf~rence avoid the point of difficulty; it is still fixing the salaries. Now, to have been unable to agree. avoid that necessity and to meet the House of Representatives on the LOT M. MORRILL, substantive proposition, which is the amount to be appropriated-for W. B. ALLISON, T. M. NORWOOD, that is the point-the Senate conferees say, "We will agree to these ManagM"B on the part of the Senate. salaries as you have appropriated;" that is to say," We agree to take SAML. J. RANDALL, this appropriation for what it is," and "instead of saying these shall WM. M. SPRINGER, be the fixed and settled salaries for the :fiscal year, we will provide JOHN A. KASSON, for ·a special or select committee to consider that question and report Managers on the part of the House. to Congress on the 1st day of December next; and the salaries which Mr. MORRILL, of Maine. I move that the Senate further insist shall be fixed by Congress upon that report shall be the salaries for on its amendments and ask for a further conference. this year." We think that cures this difficulty, for this reason: It I deem it proper that the Senate should be put in possession of the relieves the Senate and ought to relieve the House, because it con- points of disagreement between the two Houses as exhibited in the templates an appropriation in harmony with what they propose, to propositions of the two committees. It will be remembered that on be corrected, however, upon a. revision of the whole question of sala- the occasion of making the former report I stated the differences ries made by a committee indifferently selected of both branches, between the two branches a-s exhibited by the propositions of the whose report, when submitted to Congress and acted upon, shall fur- two committees; and it will be remembered that the main point of nish a rule for the salaries for this fiscal year and for the future. the difference then was on certain amendments proposed by the ffouse That, I believe, is the exact position of the caae as presented in the of Representatives to various laws touching salalies and to certain propositions of the two committees. Whether the Senate will come other statutes effecting a change of the public service. Substan- to the conclusion that we have really made any advance or not, I do tially the position on the part of the Senate was a resistance to the not know; but having been unable to agree, the Senate committee amendment of any law touching the public service which in the have thought it best, and finally feel it their duty, to try again, with judgment of the Senate was not compatible with the interests of the some expectation, or some hope at least, that we may finally agree public service; and on every other que tion of approptiation, where upon some proposition which shall relieve the embarrassment of both it was not a matter of law but a matter of discret.ion, the Senate branches. .proposed to concur with the House upon such terms and upon such The PRESIDENT P''O tempore. The Senator from Maine moves 1876. , CONGRESSIONAL RECORD-SENATE. 4265 that the Senate further insist on its amendments to this bill, and ask RECESS. a further conference on the disagreeing votes of the two Houses. Mr. ANTHO'NY. I should like to ask the chairman of the Com- The motion was agreed to. The President pro tempore was, by unanimous consent, authorized mittee on Appropriations if there are any further reports of commit- tees of conference ready now f to appoint the committee on the part of the Senate. Mr. MORRILL, of Maine. The matter of important concern at BILL INTRODUCED. the present moment is to consider the bill just referred to the Com- Mr. DORSEY asked, and by unanimous consent obtained, leave to mittee on .Appropriations. introduce a bill (S. No. 961) for the relief of J. A. Stevenson; which Mr. ANTHONY. I was going to suggest to the Senator from Maine, was read twice by its title, referred to the Committee on Claims, and as this matter is of so much importance, and as the bill from the ordered to be printed. House seems to be in the opinion of the financial Senators quite inadequate to the purpose intended, and inasmuch as a large number MESSAGE FROM THE HOUSE. of iilie Senators are engaged upon committees of conference, leaving A message from the House of Representatives, by Mr. G. M. ADAMS, us constantly without a quorum, and constantly compelling those its Clerk, announced that the House had passed a bill (H. R. No. 3809) Senators to leave their work unfinished to come here and vote upon to provide temporarily for the expenditures of the Government ; in questions that they have not heard discussed and hardly know what which it requested the concurrence of the Senate. they are and then going back to take up the broken thread of their ENROLLED BILLS SIGNED. conferences, whether it would not be an economy of time for us to take a short recess in order to give the committees of conference free The message also announced that the Speaker pro tempore of the use of their time and to allow the Committee on Appropriations to House had signed the following enrolled bills and joint resolution; consider this very important matter, and then the Senators, I trust, and they were thereupon signed by the President pro tempore : will all be able to come here and attend to the only business of to- A bill (H. R. No. 1797) providing for the sale of the Kansas Indian day, which is the appropriation bills. We shall undoubtedly have lands in Kansas to actual settlers, and for the disposition of the pro- to sit to-night. ceeds of the sale; Mr. MORRILL of Maine. I think if quite a number of Senators A bill (H. R. No. 3495) for the relief of the mail contractors on route could be relieved from att.endance on the Senate for a time it would No.19319 in Tennessee; and really facilitate the public business. The Committee on Appropria- A joint resolution (H. R. No.129) authorizing the Secretary of-War tions ought to lose no time in acting on the measure just referred to to issue arms. them. TEMPORARY PROVISION FOR EXPENDITURES. · :Mr. ANTHONY. If it will meet the assent of the chairman of the Mr. MORRILL, of Maine. I move that the bill just announced Committee on Appropriations, I will move that the Senate take are- from the House of Representatives be taken up. cess until four o'clock. • The bill (H. R. No. 3809) to provide tempor~rily for the expendi- Mr. MORRILL, of Maine. I have no objection. tures of the Government was read twice. It provides that for a The PRESIDENT pro tempore. The Senator from Rhode Island period not exceeding ten days from and after the 30th day of June moves that the Senate now take a recess until four o'clock. 1876: unless the regular appropriations for such Departments shall The motion was agreed to; and (at one o'clock and eleven minutes have been previously made for the service of the fiscal year ending p.m.) the Senate took a recess until four o'clock p.m. June 30, 187i, it shall be lawful for any of the Departments of the The Senate re-assembled at four o'clock p.m. Government for which appropriations for that .fiscal year are delayed SUNDRY CIVIL APPROPRIATION BILL. to use for the necessary service of such Department any unexpended balance which may eXIst of the appropriations made for the service Mr. WINDOM. I move to proceed to the consideration of the bill of the .fiscal year ending June 30, 1876. (H. R. No. 3749) making appropriations for the sundry civil expenses Mr. SHERMAN. I would say to the Senator that in many large of the Government for the fiscal year ending June 30, 1877, and for Departments of the Government there are probably no unexpended other purposes. balances. Mr. SARGENT. I ask the Senator from Minnesota to aJlow me to Mr. MORRILL, of Maine. Certainly. That will not cover it. I make a m~tion to reconsider a vote taken by the Senate this morn- move +,hat the bill be referred to the Committee on Appropriations. ing-and, very much to my surprise, I did not learn anything about Mr. EDMUNDS. Before the bill is referred, I wish to say that I it until some time after it took place-to refer the bill (H. R. No. 612) am a little surprised at the reception of this bill~ I believe it was only to carry into effect a convention between the United States of Amer- yesterday that the Senate passed a joint resolution, which is the same ica and His Majesty the King of the Hawaiian Islands, signed on the thing in point of law as a. bill, on this same subject, and I assume 30th day of January, 1875, to the Committee on Finance. By the that it was sent to the House of Represent.a,tives. Now, instead of practice of the Senate ordinarily the bill ought to have gone on the our resolution coming back with any amendment, we have a fresh Calendar; but a motion was made, not understood in the Chamber, bill upon the same subject. Acting upon t.he same theory, I should to r~fer it to the Committee on l'inance. The friends of the measure suppose that this bill ought to be referred, and we ought top~ss a fresh are very anxious that that vote shall be reconsidered. I wish to sub- bill of our own, without any regard to this, aud send it over to the House, mit that motion. and so keep on in that way. That would seem to be what is to be Mr. WINDOM. I have no objection to the motion being made after drawn from this method of doing busines,s. I of course do not object the sundry civil bill is taken up. to the reference of the bill. I only call attention to this rathor ex- , The PRESIDENT pro tempore. The Senator from Minnesota desires traordinary mode of proceeding. his bill taken up and will then yield to the Senator from California. Mr. ANTHONY. I wish to call the attention of the chairman of The Senator from Minnesota moves that the Senate proceed to the the Committee QD. Appropriations to the language of this bill in one consideration of the sundry civil appropriation bill. respect. I am very doubtful if it covers the appropriation for public The motion was agreed to. panting. TREATY WITH HAWAIIAN ISLANDS. Mr. MORRILL, of Maine. It is entirely inadequate in its general 1 bearing. It applies only to unexpended balances. There are some The PRESIDENT pro tempm·& The Senator from California moves branches where there is no unexpended balance. At any rate, it is to reconsider the vote by which the bill (H. R. No. 612) to. carry into a matter to be considered to what exten~ it is adequate. effect a convention between the United States of America and His Mr. SHERMAN. I would also suggest another difficulty. How Majesty the King of the Hawaiian Islands, signed on the 30th day will it be possible for a disbursing officer to Ji:now whether or not of Jmuary, 1875, wa-s referred to the Committee on Finance. there is in the Tren.sury Department to the credit of a particular fund ¥.r. WEST. We ought to understand that matter. I should like a particular balance Y He cannot have access to the Treasury De- ~n opportunity to vote upon the question. partment unless he happens to be here in Washington. Perh'aps a Mr. MORRILL, of Vermont. This change of reference was consid- disbursing officer here might go and ascertain whether there was a ered, and I supposed that every Senator understood it; every one balance in the Treasury to the credit of a particular fund; but a dis- who W3.S present, certainly. I desire to say again, as I have already bursing officer at Saint Louis or elsewhere over the country, making said, that the bill being for a change of the tariff law to conform to payments to the Army like a paymaster, could not tell whether or the Hawaiian treaty, ought to have been referred in the first instance not a particular appropriation was e;hausted. It is clear, therefore, to the Committee on Finance. It is merely to provide a change of the that for any contingency, for any expenditure, that occurs after to- tariff laws in -relation to this subject, and I am very sure that such a. day, there must be a fresh appropriation of money in the Treasury of matter as that would be better considered by the Committee on, the United States, because the money that was to the credit of all Finance than by any other committee of this body. It is a subject these funds is by law covered into the Trea-sury, and it would be very with which they are familiar. I have never read the bill and do not difficult for any one, even the Treasurer, to tell where there is at this know anything about what is in it; but I am quite sure that the moment unpaid a.nd unexpended a balance of any particular appro- judgment of the Senate will be that it should have been referred to priation. That depends on the state of the accounts. I merely call that committee in the first instance; and not having been so referred, the attention of my friend from Maine to the difficult.y that even if I do not think it will produce any delay to have it referred to that we should pass this bill there would be difficuly in making it a prac- committee now. There will be ample time to consider it and report tical measure of relief under the peculi_a r circumst-ances by which we upon it before there will be an opportunity for the Senate to act upon are swrounded. it; aud certainly it is a bill that ought to be very carefully considered The bill was referred to the Committee on A_ppropriations. both as to its substance and phraseology. 4266 CONGRESSIONAL RECORD-SENATE. JUNE 30, Mr. WINDOM:. Would it not answer the purpose of the Senator Minnesota. The Senator from Kansas yesterday as chairman of the from California to merely enter the motion to reconsider at this timeT Committee on Pensions bad, as be supposed, all the cases on the Cal- Mr. SARGENT. I suppose I shall have to t.ake that course, owing endar from his committee granting pensions disposed of. There was to the exigency of the business of the country; but I should like to one case overlooked, however, by inadvertence. I ask the indulgence say that I have never known a matter of this kind put through in so of my friend to allow that case to be taken up. It will take but a quiet and silent a way as that wag this morning. I sat in my seat and moment. knew nothing aboutitatall. MembersoftheCommitteeonForeignRe- Mr. WINDOM. I will not object to that case. lations who authorized it to be reported knew nothing about it. So far M.r. WRIGHT. I a-sk for the present consideration of Senate bill as the change of thetarifflaw is concerned, that was done bythe treaty No.535. itself, and this bill which has passed the House is simply to carry that There being no objection, the bill (S. No. 535) granting a pension treaty into effect. There is nothing to be scanned in the legislation, to Armstead Goodlow was considered as in Committee of the Whole. so far as the tariff is concerned, and there was not t.be slightest pro- It is a direction to the Secretary of the Interior to place on the pen- priety in referring it to the Committee on Finance unless the purpose sion-roll, subject to the provisions and limitations of the pension was to unreasonably delay tbe bill. It is a very unusual thing when Jaws, the name of Armstead Goodlow, late private in Company E, a bill is reported by a committee, who - h~Lve taken weeks to examine Twenty-third Regiment of Uniteu States Colored Troops. it, to whom it basueen referred by the Senate, to then send it to another The bill was reported to the Senate, ordered to be engrossed for a committ.ee. It certainly is not done sub silent-io and without an ample third reading, read the third time, and passed. opportunity to allow the Senate to have an opinion upon it. Mr. HAMLIN. I will suggest to the Senator from California that TEM:PORABY PROVISION FOR EXPENDITURES. the bill came from the corresponding commit.tee in the House of Rep- Mr. MORRILL, of Maine. I appeal to the Senator from Minnesota resentatives, the Committee on Foreign Affairs. to allow me to make a report. Mr. SARGENT. Certainly; and that was the proper reference of Mr. WINDOM. Certainly. the bill here. It relates to our foreign relations, and the disposition Mr. MORRH,L, of Maine. The Committee on Appropriations, to of the Senate to refer it to the Committee on Foreign Relations was whom was reterred the bill (H. R. No. 3809) to provide temporarily in accordance with the precedents of the Senate; and it seems to me for the expenditures of the Government, have instructed me to report an advantage was taken of a very thin Senate and a-very early hour it back with an amendment, and to ask for its present consideration. this morning in order to make a different disposition of it. I wish to By unanimous consent, the bill was considered as in Committee of have the motion entered and will call it up at an early moment. the Whole. Mr. FRELINGHUYSEN. I do not wish to discuss this subject, but The amendment of the Committee on Appropriations was to add to simply desire to say to my friend from California that the chairman the bill: of the Committee on Foreign Relations [Mr. CAl\mRoN, of Pennsyl- And in ca-se no sufficient balance remains at the conclusion of the fiscal year end- vania] reported the bill and opposed the motion to refer it to the ing June 30, 18';6, to th~ cr{ldit of any appropriation, the necessary amount is hereby Committee on Finance, and one or two short speeches were made on appropriated out of any money in the 'l'reaaury not otherwise appropriated; and no greater amount shall be expended by' any Department under this a{lt than such the subject, so that it was not passed without there being a full op- proportional sum of the appropriations of the tiscal year ending J nne 30, lrl76, as portunity for anybody to have known that this action occurred. I, ten days' time bears to the whole of said fiscal year; and such expenditure shall myself, was opposed to the new reference. I thought it was suffi- be only for the necessary orerations of the Government under existing laws. All cient that the bill had been considered by one committee. sums expended under this act sluLll be charged to, and be deducted from, the ap- Mr. SARGENT. It was too important a matter to be put through propriations for like service for the fiscal year ending June 30, 1877. in the first few moments of the day's session, when it is well known Mr. CONKLING. Is that in addition to the House bill T that many Senators are not here, but are busy in their committee- - Mr. .l\10RRILL, of Maine. It does not change the Hous13 bill; it is rooms. I certainly should have opposed the motion most strenuously, simply an addition to it. The House bill provided simply for the ex- and would not have been content with a decision of the matter in penditure of an unexpended balanc-e. This merely extends the appro- any other way than by a call of the yeas anu nays. It is very well priation bills for the present fiscal year over a pe1iod of ten days in known that some Senators have been very busy in conference com- the next fiscal year, and provides for a deduction from the appropri- mittees and that the members of the Committee on Appropriations ation bills for the next year of the amount expended under this bill. have been generally ab orbed in the general business of the country. Mr. EATON. In other words, if there be no 1mexpended balance I felt very much injured when I found that at so early an honr, with- tliere is an appropliation for ten days relatively! . out general notice of what was going on, this very important measure Mr. MORRILL, of Maine. Yes, sir; a relative appropriation for was pushed on without any apparent advantage to anybody, except ten days, to be deducted from the appropriation bills for the next to further delay the bill. · fiscal vear. Mr. MORRILL, of Vermont. Let me say that I ma-de at least two Mr. ·ANTHONY. I should like to ask a question of the Senator short speeches on t.be subject and the Senator from Oregon [Mr. who reports this bill. I see the word "Department" is used. I ask MITCHELL] opposed the motion; so that it did not pass without the does that mean the Executive Depn.rtments of the Government, or is attention of the Senate being drawn to it; and if the motion was to it used in the generic sense of the word f be made at all it must have been made when the Senator having the Mr. M<:1RRILL, of Maine. It is not limited to the Executive. I bill in charge report.ed it. think it is broad enough to cover the entire service. Mr. MITCHELL. I hope, under all the circumstances, that the Mr. ANTHONY. I want to know whether it covers the public Senator from Vermont will allow the :vote to be reconsidered in order printing, which is not a Department, nor in any Department, though that the question upon the motion to refer may be understood. I it bas some relation to the Department of the Interior. will state that I did this morning oppose the motion made by the Mr. MORRILL, of 1tiaine. I hardly think it would, because that Senator from Vermont. The motion was made immediately upon the is a special service. report; having been made by the chairman of the Committee on For- Mr. ANTHONY. Then you think this does not cover it f eign Relations, and before the Senate was by any means full. I pro- Mr. MORRILL, of Maine. I doubt if it would. tested against the motion. I should have called for the yeas and Mr. ANTHONY. Will the Senator make an amendment that will nays at the time had it not been for the fact that I glanced over the include itt Senate and found that the friends of the measure generally were not .M:r. MORRILL, of Maine. .I s that necessary f here, and I wag satisfied that a vote at that time, with the Senate Mr. ANTHONY. Certainly it is necessary. constituted ag it was, would result in committing the bill to the Com- Mr. MORRILL, of Maine. Is there not a balance to the credit of mitt-ee on }1nauce. In a few moments afterward I found that sev- that service f eral members of the Committee on Foreign Relations even, who had Mr. ANTHONY. But, as I understand, there is no right to use the vot£>.d favorably to the bill, were in the Chamber but knew nothing balance. . I think there is a balance to the credtt of the Congressional about the reference to the Finance Committee; they had no knowl- Printer which would enable him to go on for ten days, but I do not edge whatever of the change of reference. My friend from Maine, understand that the bill as it came from the House, or as it is pro- [.Mr. HA1\ILIN1 ] who as we all know has been a champion of this posed to be amended, will cover that particular expenditure. treaty, was not aware of the fact that the bill had been commit.ted Mr. MORRILL, of Maine. I doubt if it does. It should be amended to the Committee on Finance until some time after the motion had to include that. been made and the vote taken. I hope, under these circumstances, Mr. CONKLING. The language is, "to the credit of any appro- that the vote may be reconsidered. priation," not "the crE>..dit of any Department." What is the reason Mr. SARGENT. I submit the motion and will call it up at some that does not cover the case mentioned by the Senator from Rhode other time. . Island t The PRESIDENT p1·o tempo1·e.. The Senator from California moves Mr. MORRILL, of Maine. Because I think it is limited to Depart- to reconsider the vote by which this bill was referred to the Commit- ments before. tee on Finance. Mr. CONKLING. The language to which I call the Senator's atten- Mr. GORDON. ~ I understood the Senator from California, he tion is in the very beginning. It cannot be limited before: simply wished to have the motion entered. And in case no sufficient balance remains at the conclusion of the fiscal year · The PRESIDENT pro tempore. The motion to reconsider is entered, ending June 30, 1876, to the credit of any appropriation- and its present consideration is not persisted in. Not ''Department," ~ISTE.AD GOODLOW. the necessary amount is hereby appropriated out of any money in the Trea.snry not otherwise . a_ppropriated; and no greater amount shall be expended by any Mr. WRIGHT. I appeal to the kindly disposition of my friend from Department under this act. 1876. CONGRESSIONAL RECORD-SENATE. 4267 That is where "Department" comes in. Going only so far, I inquire The CHIEF CLERK. As proposed to be amended the bill will read : if the phrase there, "any appropriation," does not cover this' Thn.t for a period not exceeding ten days from and after the 30th day of June, Mr. MORRILL, of Maine. That would be broad enough if there 1876, unless the regular appropria.tions- wns no limitation ; but now go on. . Mr. HAMLIN. I want to make one suggestion. It seems to me Mr. CONKLlNG- that if you will add in line 9, after the word" Government," the words And no greater amount shall be expended by any Department under this act than "and the public printing," you will cover the whole case. such proportional sum of the appropriations of the fiscal year ending June 30, Mr. SARGENT. What will you do with the Bureau .of Engraving 1876, as ten days' time bears tothewhole ofs:tid fiscal year; andsuchexpenditures shall be only for the necessary operations of the Government under existing laws. and Printing f It would have no provision for watchmen. All sums expended under th1s act shall be charged to and be deducted frOm the Mr. ANTHONY. Is not that in the Treasury Depart.ment t appropriations for like service for the fiscal year onding June 30, 1877. Mr. SARGENT. But it is temporary in the Treasury Department, Mr. INGALLS. If you leave out the words "by any Department," and would fail without appropriations. I have a letter from the it will cover the whole thing. Treasury stating that fact. I could suggest other services which are Mr. CONKLING. Even with those words, it would not have oc- in the s:une condition. curred to me, if I understood the question of the Senator from Rhode Mr. EDMUNDS. The judicial service itself may not falJ technically Island, that this language waa not broad enough to cover that case. under the head of a departmental expenditure. It is hetter, a.s the Mr. ANTHONY. I will leave that to the lawyers. I only wanted Senator from California sug~ests, t.o strike o:ut the word "Depart- to cover the case. ments" altogether and make It "the appropriations for the service of Mr. CONKLING. I suggest to the Senator from Maine that he and the Government." That enables ~til branches of the Government to his committee might prefer, in view of the suggestion, to omit these go on for the ten days. three words, ''by any Department," so that the phraseology would be: Mr. SARGENT. I ask that the proposition be reported now. And no gret~oter amount shall be expended under this act. The PRESIDENT pro tempore. The Secretary will read the bill as it is proposed to be amended. Omitting the words, "by any Department." The CHIEF CLERIL As proposed to be amended the bill will read : Mr. MORRILL, of Maine. I will remind the Senator from New That for a period not exceeding t-en days from and after the 30th day of Juno, York that that is in addition to the body of the bill a.s it comes from 1876, unless the regular appropriations shall hwe been previously made for the the House, and in order to see the exact construction both need to be service of the fiscal year ending the 30th day of June, 1 77, it shall be lawfnl to use read; and that is the reason why I think there may be a limitation. for t-h e necessary service of the Government any unexpended balance which may Mr. LOGAN. Let the bill be read. exist of the appropriations made for the service of the fiscal ye.'\1' ending June 30, 1876. Mr. MORRILL, of Maine. Let the bill be read from the desk. The PRESIDENT pro tem.pcwe. · The bill will be read. Several SE.NATORS. That is right. The Chief Clerk read as follows : Mr. WRIGHT. Let me suggest to the Senator from California that That for a period not exceeding ten days from and after the 30th day of June, there are some appropriation bills through for some of the Depart- 1rl76, unless the regular appropriations for such Departments shall have been pre- ments; and jf he amends this bill as he proposes now, will it not viously made for tlie service of the fiscal year ending the 30th day of June, 1877, it occur that they would carry on such Departments for which we have shall be lawful for any of the Departments of the Government for which appropria- already made appropriations, upon the basis of last year' tions for the said fiscal year are delayed to use for the nece!)sary service of such Mr. SARGENT No, sir; because the amendment of the commit- Departments auy unexpended balance which may exist of the appropriations made for the service of the fiscal year ending June 30, 1876. tee covers that point. Mr. CONKLING. Now read the addition proposed by the committee. Mr. WRIGHT. I know; but for the ten days f The PRESIDENT pro ternpore. The amendment of the Committee Mr. ANTHONY. U says "unless the regular ~ppropri.a,tions shall on Appropriations will be read. have been previously made." The Chief Clerk read as follows: Mr. SARGENT. And we provide that the amount thus expended And in case no sufficient balance remains at the conclusion of the fiscal year end- shall be deducted from the reguhtr appropriations. ing June 30, 1876, to the credit of any appropriation, the necessary amomit is here- Mr. WRIGHT. It says "unless regular appropriations shall have by appropriated out of any money in the Treasury not otherwise appropriated ; been previously made." Will not that apply to all appropriations f aud no greater amount shall be expended by any Department under this act than And if yon have an appropriation for one Depq,rtment that reduces such proportional sum of the appropriations for tlte fiscal year ending J nne 30, the expenses for next year, will it not be true that under the Lia not rf'.quirerl for its actual current expenses a sum suffiCient healthful little town we might get on without paying out what it to meet the interest accrning on the 3.65 bonds of t-he Uistrict during the fiscal ye~ be!!inning J nlv 1, 1876, and thereafter, and apply the same to that purpose; and Ill will turn out when yon get the figures all together, last year and ca~e there shall not be a sufficient sum of said revenues in the Treasury of the the year before, and so forth, according to the statements, runs up United States at snch time as said interest may be due, then the Secretary of the to three-quarters of a hundred t.h ousand dollars. Certainly, consid- Treasury is authorized and directed to advance, from any money in the Treasurv not otherwise appropriated, a sum sufficient to pay said interest, and the same shall ering the newness of the city, the wideness of its streets, its gen- bo re-imbursed to t.h e.Treasury of the United States from time to time, as said rev- erally healthful character and the really rural character of the whole enues may be paid into said Treasury, until the full amount shall have been re- concern, the work ought to be done for less than one-third of the funded. money. That is my opinion; it is no better than anybody else's, and The amendment was agreed to. I do not know that there is any way of helping it. I only speak of The next amendment was to insert, a::~ lines 289 to 293: it to call attention to the subject. To pay on behalf of the United States, a~ a portion of the general expenses of the Mr. ROBERTSON. As a member of the Committee on the District Distnct of Columbia. to be expended by the commissioners of said District, to be of Columbia I desire to say that we were not consulted about the ap- lrawn only as needed for immediate use, $500,000. propriations for the board of health. No petition was sent to that The amendment was agreed to. committee as to any appropriations for the board of health. I think The next amendment was to strike out from line 294 to line 32.1 as this is a very extravagant appropriation. I am not satisfied, and I follows: would like to hear something further about it. I hope the Senator To provide a full record of births, marriages, and deaths in the District of Col- who has the matter in charge will explain further about it. umbia and for a general sanitary inspection, which shall include the prevention Mr. WEST. I rise to ask the Senator from Vermont for an explana- of the' exposure for sale of unwholesome food, n.nd the daily inspection of streets, alleys yards, and all places where nuisance:~ ma.y exist injurious to health, and for tion of his remark that the whole expenditure costs seventy-five the re~o"al thereof, and of all nuisances, includi.ug night~soil, ueyonrl the limits of the cents per capita for every man, woman, and child. He said that it District of Colrun uia, aml to prevent domestic animals from running at large, and for costs three-quarters of a hundred thousand dolla.rs. The total amount the protection of the pnblic parks and grounds, $15,!!~0: Provided, That an eqnal appropriated this year by this bill is $36,000, and the amount appro- sum shall be paid out of the treasury of the District ofColum bio.; the combined sum to be expended as follows: For salaries of five members of tbe l>oard of health, 500 priated by another bill ~ 10 000, ma~ing a ~tal of $46,000: As I di- each; treasurer, secretary, attorney, register of vital statistics, who shall each be vide that into the aggregate populatwn of 130,000, I make It twent.y- selected from the board, S::CJO each m addition to salary a.~ members of the board: eio-ht cents apiece, and I think it is quite as reasonable and quito as Provided, Tba.t any two of tho above-named offices may be filled by the same per- ec~nomical an e-xpenditure :\S attends the administration of health son at the discretion of the board; medical sanitary inspector, 1,000; health offi- cer, il,OO:>; four clerks, -l, 00; five sanitary in pectot·s, $0,000 ; one pound-master, in any other city of the same population. 1,000; andoneme.ada, K€lly, Kernan, Key, McDonald, Merrimon, Mr. EDMUNDS. It may be that it is. The Senator means, of Mitchell, Morrill of Maine, Morton, Norwood, Oglesby, Paddock, Patterson, Ran- course, a city of the same size. som, Saulsbury, Sharon, Sherman, Sponcer, Stevenson, Thurman, Wallace, and Whyte-46. Mr. INGALLS. I mean the percentage. Mr. EDMUNDS. Of any city in the Union f The PRESIDENT pro tempore. Thero is not a quorum present. The Mr. INGALLS. Yes. number lacks ten. ])!r, EDMUNDS. The Senator is greatly mistaken about that. I Mr. WINDOM. I move that the names of the absentees be called. know two cities in the State of Vermont- The motion wa.s agreed to; and the Secretary called the names of Mr. INGALLS. Perhaps nobody dies there at all. [Laughter.] the absentees. Mr. EDMUNDS. That people do not die very often there is per- Mr. WINDOM. I move that the Sergea.nt-a.t-Arms be instructed to fectly true. They drink nothing but water, and breathe nothing but request the a.ttendance of absent Senators. air, and eat nothing but bread and meat and potatoes, and they livo The motion was a.greed to. a good while, it is true, and come around at tax-paying time with Tho PRESIDENT pro tempore. The Sergeant-at-Arms will execute considerable regularity. tho order of thi} Senate. Mr. CONKLING. And when they go they dry up and blow away. Mr. INGALLS. I am aware that it is out of order to indulge in [Laughter.] debate during the n.bsence of a quorum, but as some shtements have lli. EDMUNDS. And when they go away they dry up and blow been made by the Senator from Vermont in regard to the expense of over into the State of New York, where there is plenty of room for the health department, I should like his permission and that of the them to rest for the remainder of their period. Senate to correct a few of the errors into which he has fallen in regard Mr. CONKLING. I did not know where all the debris came from to the expense of this service a.nd the duties that have been performed that there is in the Sta.te of New York. [Laughter.] by the boa,rd during the pa~t year. I hold in my hand the report of Mr. EDMONDS. You will find out if you keep on. [Laughter.] the board of health of the Di~:~trict of Columbia for the year 1875, and I suppose there is no considerable object in this debate at this time, as I ascertain from this that the duties devolving upon that board are- there is nobody to vote; and I will reserve what I have to say seri- First. General sanitary service, including the daily inspection of streets, alleys, ously, besides what I have said on this subject, until we have a quo- lots, yards, &c., whero nuisances injurious to health may exist, and provide for ihe rum, and get the facts together. If I have overstated it on my infor- remo>al thereof, and for clerical work and supplies. mation I shall be very glad indeed to correct it. It seems, according Second. 'il) pre\"ent domestic animals from running at large in the cities of Washington and Georgetown; for the protection of pnblic ~arb , grounds, &c. to my friend's statement, that I am about $10,000 too high at this Third. To prevent the sale of unwholesome food in the District of Columbia.. present time. .CONGRESSIONAL RECORD-SENATE. 4273 Mr. SARGENT, (at eight o'clock and six minutes p.m.) I suggest a private in Company G, Twelfth Regiment illinois Infantry Volun- that a number of Senators have come in since the want of a quorum teers; was disclosed. Is there not a quorum now t A bill (H. R. No. 1602) granting a pension te Margaret E. Cogburn; The PRESIDENT pro tempore. Senators have come in, but the num- A bill (H. R. No. 2701) granting a pension to Nancy H. Blacknall, ber present still lacks six of a quorum. widow of Thomas Y. Blacknall, late private Company L, Seventh Several Senators having come in, . Tennessee Cavalry; The PRESIDENT p1·o temp01·e. The Secretary will call the roll A bill (H. R. No. 1337) for the relief of Nelson Tiffany; again on this amendment. The Chair thinks there is a quorum pres- A bill (H. R. No. 11) granting a pension to Eliza. Jane Blumer; ent. A bill (H. R. No. 3037) granting a pension to Samuel D. Falls, late Mr. EATON. There should be a fact stated which was st.ated be- unassigned recruit Ninth Regiment Minnesota Volunteers; fore when several of the Senators now here were not present. The A bill (H. R. No. 2301) granting a pension to Mary B. Hook; honorable Senator n·om Kansas was entirely wrong in his statement A bill (H. R. No. 1598) granting a pension to William R. Duncan; as to the death rate. He said t.hat it was less here than in any other and city in the Union. It iR more than it is in New Orleans, in Richmond, A bill (H. R. N'>. 1944) granting a pension to Niram W. Pra.tt. in Charleston, in New Haven, in Hartford, and, in my judgment, in SUNDRY CIVIL APPROPRIATION BILL. many other cities in the United Stat.es. Now, I desire to say, taking the city of New Haven, in my State, The Senate, as in Committee of. the Whole, resumed the considera- with about half the population of Washington, that the expense there tion of the bill (H. R. No. 3749) making appropriations for · sundry is not more than one-fourth what it is in this city. It strikes ine that civil expenses of the Government for the fiscal year ending June 30, these facts ought to be known. I certainly desire to vote for as large 1877, and for other purposes. a-sum as is necessary, bot let us vote understandingly, and- not vote The next amendment of the Committee on Appropriations was nu- under the impression that the death rate in this city is leS8 than it is der the heading "revenue-cutter service," to strike out iu the clause in any o1her ~ity in the United States. appropriating "for the pa.y of captains, lieutenants, engineers, and pi- Mr. INGALLS. In speaking of the death rate I referred to the lot,s, and for rations for the same, and for pay of petty-officers," &c., deaths from diseases that are known as zymotic, as infectious or con- the following words from line 394 to line 401 : tagious diseases, disea{!es that originate from the outward sanitary Seven hundred and forty-seven thousand, six hundred and forty- even dollal'8 condition of the city itself, and not to those which result from acci- and ninteen cents, in addition to the unexpended balnnce of the !tppropriation for dent or from old age or anything of that kind, and I repeat the asser- the same purpose for the service of the fiscal year 1874. which is hereby continued tion that from aU those causes against which sanitary regulations and rendered available for the year ending June 30, 1877. can provide the death rate is lower in Washington than in any other And in lieu thereof to insert- city on this continent, and my statement is borne out by statistics. Nine hundred thousand five hundred and t.hirty dolla.rs and :fifty-nine cents. The PRESIDENT pro tempore. The roll-call will proceed. The question being taken byyeas and nays, resulted-yeas 21,nays !.1r. EATON. Unless ~here is some reason for raising this amount 16; as follows : so much above what the Honse proposed I shall object to the pro- position. YEAS-Messrs . .Allison. Anthony, Boutwell, Bruce, Conkling, Crngin, Dorsoy, Mr. WINDOM. I desire, for the benefit of the Senator from Con- Ferrv. Hamlin, Howe, Ingalls, Logan, McMillan. Mitchell, Monill of Vermont, Pad· dock', Sargent, West. Windom, Withors, and Wri~ht-21. necticut, to make an explanation of this amendment. The Senate NAYS-Messrs. Bo~y. Cameron of Pennsylvania, Ca.perton, Cbri.'ltiancy. Cock- committee has adopted the rule to make no appropriations of unex- rell, Eaton, Edmunds, Frelinghuysen. Goldth""aite, Harvey, McCreery, Maxey, pended balances, and for years that has been the rule of the Senate-, Randolph, Robertson, Sherman, and Wadleigh-16. for the reason that the system of appropriating unexpended balances .ABSENT-Messrs. .Alcorn, Barnum, Bayard, Booth, Burnside, Cameron of Wis- consin, Clayton. Conover, Cooper, Davis, Dawes, Dennis, Gordon, Hamilton. Hitch- results in a loose mode of ket>ping accounts, and there is no responsi- cock, Johnston, Jones of Florida, Jones of Nevada, Kelly, Kernan, Key, McDon- bility to Congress; we know nothing about the amounts we appro- ald, MelTimon, Morrill of Maine, Mor-tonhNorwooil, Oglesby, Patterson, Ransom, priate. It is a very convenient way for either Honse, which desires Saulsbury, Sharon, Spencer, Stevenson, T urman, Wallace, and Whyte-36. to make the appropriations appear less than they are actually, to ap- The PRESIDENT pro tempore. Further proceedings under the call propriate unexpended balances; and this is a. very fine illustration will be dispensed with, a quorum being present. The reading of the of that thing. I will call the attention of the Senator from Connec- bill will be continued. ticut especially to it. MESSAGE FROM THE HOUSE. The nnexpended balance appropriated by the House bill in this clause amounts to $127,352.81, so that, instead of permitting that un- A message from the House of Representatives, by Mr. G. M. ADAl\18 1 expended balance to revert to the Treasury at the end of the year its Clerk, announcfld that the House had agreed to the amendments and appropriating an amount necessary for the service which would of the Senate to the following bills: appear upon the face of the bill, as the bill came to the Senate, it A bill (H. R. No. 2691) for the allowance of certain claims reported simply appropriated, without naming the sum, this unexpended bal- . by the accounting officers of the Treasury Department; and ance; and, therefore, in this item alone the appropriations in this . A bill (H. R. No. 3309) to provide temporarily for the expenditures bill appear to be, and are, 127,000 le s than they really are. of the Government. Now, !.1r. President, the Serrato committee de ire that tbe appropri- ENROLLED lULLS SIG~TED. ations shall appear honestly on the face of the bill, so that everybody The message also announced that the Speaker of the Honse had may know what they are, so that ·Congress may know, so t.hat the signed the following enrolled bills; and they were thereupon signed attention of the Senator from Connecticut and of every other Senator by the President 11ro tempore: · may be brought directly to them, and that when we come to foot up A bill (H. R. No. 3809) to provide temporarily for the expenditures the sum-total of the appropriation bills we may know exactly what of the Government; they are. Now, the Senate commit.tee instead ofro-appropriating that A bill (H. R. No. 3375) making appropriations for the na.valservice balance in that way took the amount appropriated last year and de- for the year ending June 30, 1877, and for other purposes; ducted from it the unexpended balance, and appropriated that sum, A bill (S. No. 960) to continue the publi{} printing; assuming that we ha.d appropriated more-than was necessary last year A bill (H. R. No. 1100) relative to tho redemption of unused stamps; by the unexpended balance that remains on hand. I think, Mr. Presi- A bill (H. R. No. 2387) to fix the retired pay of Surgeon-General dent, that it will address itself to the judgment of the Senator from Clement A. FinlE-y, rotired; Connecticut that this is the honest, fair, open way of making appro- . A bill (H. R. No. 590) for the relief of Mrs. Susan E. Rhea, widow priat,ions . of Dr. J. Burrows Gardiner; Mr. EATON. It addresses itself to my judgment now that I un- A bill (H. R. No. 2829) for the relief of Ariel K. Eaton and James derst:md what I did not before; and I understand another thing, D. Jenkins; too, and that is that the appropriation is larger as it comes from the A bill (H. R. No. 3670) authorizing the Nebraska Cit.y Bridge Com- Senate committee than the House appropriation. That I understand pany to construct a ponton railway bridge across the }fissouri River, if I took the figures correctly from the honorable Senator from Minne- at Nebraska City, in Otoe County, Nebraska.; sota. He says the balance was one hundred and twenty-seven thou- A bill (H. R. No. 1849) granting a pension to Abigail S. Dawney; sand and some odd hundred dollars. The appropriation is $747,647, A bill (H. R. No. 2161) for the relief of R. H. Buckner; so that the appropriation is enlarged at all events. . A bill (H. R. No. 2303) granting a. pension to MaryS. Greenlee; I am not prepared to say that my friend who last addressed the A bill (H. R. No. 2310) granting a pension to Emanuel B. Herr; Chair may not be right in his view that a certain sum should lJe ap- A bill (H. R. No. 2289) granting a pension to Jane Bertholf; prapriated, but be ought to have bad the candor to state to the Sena- A bill (H. R. No. 2586) granting a pension to John L. Bartley; tor from Connecticut and to the Senate that the appropriation is A bill (H. R. No. 2836) for the relief of Joseph Wilson, of Bourbon larger as it comes from his committee than as it comes from the County. Kentucky; House; not much I a~ree, but still larger, about $30,000 larger. My A bill (H. R. No. 1939) granting a pension to Sarah Emmons; friend from- Missouri LMr. CocKRELL] says more than that. I did A bill (H. R. No. 1204) granting a pension to Hem-y H. ·wharff, of not make the :figuring. Company C, Eighteenth Regiment Ohio Volunteers; Mr. WEST. It is $26,000 more. A bill (H. R. No. 2804) granting a pension to Harriet C. Dunham, Mr. EATON. I thought it was about $30,000 ; my friend from Mis- widow of Charles A. Dunham, late private Company A, One hundred souri thought it was more. It would have been quite as well, while and eighteenth Regiment Pennsylvania Volunteers; my friend from Minnesota was addressing me with. the trinmpbant A bill (H. R. No. 2081) granting a pension to William McLay, late nir which he did, giving me a great deal of information, t() have IY--2G8 j' 4274 CONGRESSIONAL RECORD-SENATE. .;TUNE 30, added a.13o that the committee of the Senate increased this appropri- Mr. BOUTWELL. Mr. President, the question which the honora· ation some $25,000 or $30,000. My question is, is that necessary t ble Senator from Connecticut proposed to me would have been a very One thing is certain, that by the action of the House of Representa- proper one if I had made any positive proposition to the Senate which t.i ves the unexpended balance is appropriated. I am very glad to I was bound to defend; but, as I had uot and he had, it seems to me learn how much that is; and it is very proper that we should know that the evidence should come from him. what the amount is. Now, added to that, the House has said so much As to what the people want I have this to say: With reference to more; but that is not sufficient to answer the pm-pose of t.he honor- all the appropriations, as far as I have any vote to give, everything able Senator ; he desires still more than that. The reason he has not that is necessary for the proper maintenance of the Government, the yet given why there should be this large addition towha.t the House development of its resources, and the protection of its rights I am pre- bill appropriates. He has given a reason, and I a.ccord to him the pared to vote the money from the Treasury and tax the people, and full force of his reasoning, that the Senate ought to know exa.ctly I know very well that in the part of the country which the honorable what is the a.mount appropriated. Senator from Connecticut represents that policy will be acceptable. Mr. WINDOM. I regret if in replying to the honorable Sena.tor Now, I have some knowledge about the revenue-marine service, and I from Connecticut I did so with an air of triumph, for I certainly felt know t-hat from 1800 to the year 1876 the expenditure in that branch no such thing. I am exceedingly gratified, however, if I did succeed has been reduc¢ from $1,600,000 a year to the sum expemled the last in giving him any information on the subject, and only regret tha.t I year, som£~thing like $900,000; and the service itself has been im- did not give him all that he asked for. . proved ; and I venture to say that there is no branch of the service · Now, .I am aware that there is a slight increase over the House ap- of the country more economically administered than that, and it is a propriation; but the Senate committee ba.sed their recommeDper day while actunlly employed, The result was a.nnounceu-yeas 26, nays 11 ; as follows. or exceeding $1,200 per yoar lor services rendered by such deputy, and said sums YEA8-Messrs . .Allison, Booth, Boutwell, Bru:ce, Cameron of Pennsylvania. Clay. may be recfuced below the said rates by rthe ·Attorney-General whenever, in his ton, Conkling, Conover, Cragin, Dorsey, Edmunds, Ferry, Frelinghuysen, Hamlin, opinion, said reductions should be made. . - Harvey, Hitchcock, Howe; Ingalls, Logan, McMillan,Morrill of Vermont, Paddock, Sarcrent, Sherman, Wadleigh, and West-26. In the first place, in my judgment there is very little necessity for N'.AYS-Messrs. Bayard, Bogy, Caperton, Cockrell, Goldthwaite, Gordon, Key, these officers any way. I only regret that my friend from Vermont McCreery Maxey, Randolph, and Withers-H. - has divided the matter; but as Jre has done so, I will not call for the .A.13SENT-Messrs. .Alcorn, Anthony, Barnum, Burnside Cameron of Wisconsin, yeas and nays on the fu'St part of the amendment. Christiancy, Cooper, Davis, Dawes, Dennis, Eaton1 Ha:;nton, Johnston, Jones of Florida, Jones of Nevada, Kelly, Kernan, McDonald, Merrimon, .Mitchell, Morrill The PRESIDENT pro tempore. 'fhe Senator does not call for the of Maine, .Morton, Norwood, Oglesby, Patterson, Ransom, Robertson, Saulsbury, yeas and nays and the Chair will put the question on striking out the Sharon, Spencer, Stevenson, Thurman, Wallace, Whyte, Windom, and Wright-36. first item, being the words preceding the proviso. Mr. WINDOM. I desire to say, in reference to the first item, that So the motion to strike out was agreed to. I have a letter in my hand from the First Comptroller stating that- Mr. EDMUNDS, (at nine o'clock and two minutes p.m.) · !venture to move that the Senate adjourn. It is very hot and uncomfortable Umler existing laws deputy Iha~hals - dra.w no compensation directly from the hm& · Government, but are paid by the'ma.rshals out of the earnings of their respecti;e Mr. SARGENT. Will the Senator allow us to have an executive offices;_which earnings are maO,OOO. The amendment waa agreed to. The next amendment was in line 520, to increase the item "for the The amendment wa~ agreed to. · support of the Columbia Hospital for Women and Lying-in Asyl1lm, The next amendment was in line 624, to increase the appropriation over and above the probable amount which will be received from pay- for the continuation of the custom-house and post-office building at patients," from 16,000 to $19,500, and to strike out at the end of the Cincinnati, Ohio, from $200,000 to 300,000. clause the words : The amendment was agreed to. . In adilition to the unexpended balance of former !!.ppropriationa, whichishereby The next amendment was to insert after lino 624: m:W.e available. · Cnst.()m-bouse and subtreasury, Chicago, Dlinois: For continuation of buililing, The amendment was agreed to. $225,000. -. The next amendment was to insert after line 523: The amendment was agreed to. · J'or a ]4ansard roof for the building, $8, 000. The next a.mepdment was· i line 636, to strike out the words "fenc- The amendment was agreed to. . ing, grading, approaches, and furniture and carpets, 15,000," and to . .... .. J-876_. ..,CONGRESSIONAL RECORD-SENATE. . 4277 insert, "completing the building, $40,000;" so that the clause will Mr. WINDOM. The Senator had better wait until the amendments read: of the Committee on Appropriations are through. Conrt-house and post-office, Lincoln, Nebraska: For completing the building, Mr. LOGAN. The Senator in charge of the bill suggests that I wait $40,000. until the amendments of the committee are through. I have no The amendment was agreed to. objection to that course, and I will offer it then. The next amendment was to strike out lines 645 and 646, as fol- The PRESIDENT pro tempore. The amendment is withdrawn. lows: 'fhe Chief Clerk resumed the reading of the bill. Assay office, Helena., Montana: For repayment for site of building, $1,500. The next amendment of the Committee on Appropriations was to strike out the following words from lines 800 to 803: The amendment was agreed to. And tbe unexpended balance of the appropriation for a screw-pile light-bouse at The next amendment was to strike out from the clause appropriat- Tybee Knoll. Savannah River, made by the aet approved March 3, 1873, is hereby ing "for the removing and reconstruction of the building now on the made available for. lot and premises in Jersey City, New Jersey, belonging to the United The amendment was agreed to. States, for the purpose of a post-office," the following words from line The next amendment was in line 804, to insert the word "for" at 650 to line 653 : the be~inning of the clause; and in line 805, after "Tybee Knoll," to All the unexpended balanc; of the amount heretofore appropriated for pnrchas· insert 'Savannah River, $12,000;" so as to make the clause read: ing the s:Urllot and premises for the site of a. postA>ffice building in said city, and also in addition thereto the sum of. For the establishment of range-lights to guide through the dredged channel, Tybee Knoll, Savannah River, $12,000. · The amendment was agreed to. The next amendment was to insert after line 653 : The amendment was agreed to. . Court-house and post-office, Trenton, New Jersey: For completing and furnish· The next amendment was in line 816, to increase the appropriation ing the building, f5(),000. "for establishing temporary lights along the line of the dredged channel, Maumee Bay, Ohio," from $4,000 to $7,000; and to strike out The amendment waa agreed to. from the end of the clause the following words: The next amendment was to strike out in the clause appropriating In addition to the unexpended balance of the appropriation for two day-bea- "for the post-office and court-house, Philadelphia, Pennsylvania: cons in said bay made by the act of Jnne 23, 1874, which is hereby continued and For continuation of building, $350,000," the following words from ma.de available for this purpose. line 662 to line 663: The amendment was agreed to. To be used in completing the foundation and setting stone for the first story. . The next amendment wa.s after line 821, to insert: The amendment was agreed to. - For building a light-house and steam fog-signalstation at Little Traverse, Mich· The next amendment was in line 661, to increase the appropriation ~~~ "for the continuation of the building for appraisers' stores, San Fran- The amendment was agreed to. ' cisco, California," from $50,000 to $100,000. The next amendment was to strike out lines 824 and 825, as follows : The amendment was agreed to. For range-lights at the mouth of Cheboygan River, in the State of Michigan, The next amendment was in line 672, to increa.se the appropriation $10,000. for the continuation of the State, War, and Navy Department build- Mr. FERRY, (Mr. ANTHONY in the chair.) I hope the Senate will ing from 250,000 to $600,000. not agree to this amendment striking out the item. I think the com- The amendment was agreed to. mittee did not understand the condition of the harbor. There never The next amendment was in line 686, to increase the appropriation bas been an appropriation for building any pier at this harbor, and the for the continuation of the building for the court-house and post- bottom being clay, uothing has been done but to dredge it; and while office, Saint Louis, Missouri, from $450,000 to $600,000. it is enterable in daylight by buoyl'l, it cannot be entered at night ex- The amendment was agreed to. . cept by range-lights, and this appropriatiou is for the purpose of facilJ The next amendment was in line 689, to increase the appropriation itating the entrance at any time, as the whole shipping pat~ses this for completion of court-house and post-office building in New York way down to the lower lakes from Chicago and Milwaukee. I think from $250,000 to $350,000. · the committee could not have understood the condition of the har- The amendment was agreed to. bor, else they would not have moved to strike ont these lines. The next amendment wa.s after line 690 to insert : Mr. WINDOM. I will say to the Senator that the clause was For custom-house and post-office building at Albany, New York, 850,000; and stricken out for want of information upon the subject. · the cost of said building shall not exceed the sum of - - dollars. Mr. FERRY. I hope, on the information I have given to the Sen- b~r. WINDOM. I move to fill the blank with $600,000. ate, they will disagree to the amendment. The amendment to the amendment wa~ agreed to. The amendment was rejected. . The ameudmeut, as amended, was agreed to. Mr. CHRISTIANCY. I wish to say a word upon this amendment, The next amendment of the Committee on Appropriations was in and I have a paper to be read in connection with it. line i03, to increase the appropriation for annual repairs of the Treaa-· Mr. WINDOM. It has been rejected. nry building, Washington, from $10,000 to $25,000. · Mr. CHRISTIANCY. Very well. . The amendment was agreed to. Mr. WINDOM. There is another amendment omitted by the com- The next amendment was in line 706, to increaae the appropriation mittee in printing, which I wish to offer at this point. After line 825 "for repairs and preservation of public buildings under control of the I move to insert: Treasury Department" from $100,000 to $250,000. For building a light-houee or fog-bell on Round Island, in the Straits of Macki- The amendment was agreed to. nac, $15,000. The next amendment was after line 750, to insert: I will say that a provision passed the Senate for this purpose and For the construction of a light-house and fog-signal at Nubble Head, Maine, the bill is pending in the House, and upon that the committee feel tL5,000. warranted in recommending it. · The amendment was agreed to. Mr. SARGENT. The bill passed the Senate at this session f The next amemlment was to strike out from linee 757 to 759 aa Mr. WINDOM. At this session. follows: The amendment was a!!Teed to. The reading of the bill was continued. The next amendment of For building a light-ship with steam fog-signal for an ontaide station and for shore purposes, $50,000. the Committee on Appropriations was in line 855, to increase the ap- propriation "for a rolling-mill and forging-shop (shop F) for the Mr. SARGENT. I should like to askmycolleaguefrom Minnesota, armory at Rock Island arsenal, Rock Island, Illinois," from $80,000 to who bas charge of the bill, if, on further information received by the $170,000; and to strike out at the end of the clause the following committee, this amendment is not agreed to be withdrawn f words in lines 857, 858, 859, and 860 : Mr. WINDO~I. It is. Mr. ALLISON. There ought to be one modification there. The Jnne In addition to the unexpended balances of appropriations for the year ending 30, 1874, which are hereby made available for the service of the fiscal year words "and for shore purpoBeil" should be stricken out. ending June 30, 1877. Mr. SARGENT. It might be left to stand as it is, and it can be con- The amendment was agreed to. . sidered iu conference. The next amendment was after line 860, to insert: Mr. ALLISON. This is for a light-ship twenty miles in the ocean off the Delaware Capes. For an iron-working and finishing-shop (shop G) for the arsenal, $75,000. Mr. SARGEST. Very we'll. The amendment waa agreed to. The amendment to the amendment was agreed to. The next amendment was after line 866, to insert: The PRESIDENT pro tempore. The question recurs on the amend- For removing deposits from pool of water-power, $25,000. ment of the committee striking out the clause as amended. Tbe amendment was rejected. The amendment was agreed to. Mr. LOGAN. Before going to page :13, after the amendment in line The next amendment was after line 886, to insert: 757 I move to insert : NAVY·YARDS AND STATIOXS. For constructing s~gnal-light on the Crib-House in Lake Michigan, in front of For repairs of the different navy-yards and stations and preservation of the the city of Chica~o, ~.ooo. same, $500,000. A bill :for this object was referred to the Committee oh Commerce, Mr. BAYARD. I should like t.o know why it is that so large a sum, and t~ey, not having a quorum, have not acted upon it. as half a million of money should be appropriated outside of the tra- 4278<. CONGRESSIONAL RECORD-SENATE; J.uNE.. aQ, val appropriation bill for purposes which belong to the Navy w~th­ and by appropriating this amount in the lump it was believed that out a particle of detail given as to where the money is to be apphed. the Secretary of the Navy would be able to preserve this vast amount Mr. PADDOCK. I should like to heaT some explanation also. of property from injury, and to make such absolutely necessary re- Mr. BAYARD. I think it is improper, as the number of navy-yards pairs as would preserve the property until next year. Our appropri- is not _gteat, that ~his vast sum of money is to be appropriated in gross. ation in this manner was wholly in the interest, I will not ay of econ- Mr; WINDOM. · There are, I believe, as stated by the Secretary of omy, because that is a. very much worn-out word, but in the interest the · Navy; some $50,0001000 of· property invested in the navy-yards. of as small an amount of expenditure as possible. I doubt whether The House omitted entrrely any provision for their preservation and it is whoTiy in the interest of economy~ but the committ.ee were con- repair. The committee consulted the Secretary of the Navy, and upon strained to appropria,te the smallest possible amount of money that his recommendation inserted $500,000 as the lowest sum that can be the Department ·believed would suffice for the purpose, and hence relied upon to repair them and keep them in a proper condition. put it m this form. Mr. PAD DOCK. I do not understand the phraseology of this amend- Mr. PAD DOCK. I should like to inquire of the Senator in charge ment. I should like to havo an explanation of it. of the bill if he can state approximatively how much below the esti- Mr. WINDOM. I do not know what the difficulty is in the mind of mates the appropriation is f the Senator from Nebraska. It is for repair and preservation of the Mr. WINDOM. I cannot. navy-yards and seems to be easily understood. I do not know how to Mr. PAD DOCK. And also at the same time what the correspond- make it any more plain. ing aggregate appropriation was last year f · Mr. PADDOCK. I have made a mistake. I was referring to the Mr. WINDOM. The aggregate appropriation for aU the navy-yards amendment in lines 867 and 868: last year was 1,090,000. The total estimate for this year is 1,725,000. This is for all the navy-yards of the country-at Boston, at New Lon- For removing deposita from pool of water-power, $25,000. don, at Brooklyn, at League Island, at Norfolk, Virginia, at Pensa- Mr. WINDOM. That ha~ just been agreed to. cola, Florida. There is a special appropriation here for Mare Island, and Mr. SARGENT. One part of the question of the Senator from Del- there is a general estimate for repairs and preservation of $500,000. aware was not answered, why this provision was not put in the naval We allowed them that, and deducted all the balance of the estimate. bill. These repairs and improvements are never put in the aval It is 590,000 less than the appropriation ln~t year. bill; that is, repairs of the buildings and wharves and permanent Mr. PAD DOCK. This, then, is a great reduction. , structures in, the navy-yards themselves. Some fund must be pro- Mr. BAYARD. It does seem to me that the logic is the other way vided to take care of the immense amount of property which the than that the ·Senator seems to think. If the expenditure was so Government has. A roof gets out of o-rder, it leaks, and if there is great last year, what is the necessity for continuing it the present no fund to repair it, the water runs down and swells the floor and year f It seems that every year the rule is to be applied t.hat be- bursts out the walls. A vessel in landing at a wharf knocks ont some cause a certain sum was spent in 1875, so much the more are you to piles and injures the wharf, and, if left to the action of the tides, or expend in 1876. If you b.ad this expenditure Jast year, why was it other action, it becomes very much dilapidated. This item covering not enough to maintain these navy-yards and stations in common all the navy-yards and naval stations from Maine away round to the repair at least for another year f Why, sir, it is certain that there is Gulf and on the Pacific coast, a provision is made in the bill about a want of practical and substantial economy in this thing. To ap- one per cent. on the value of the property in order to preserve it for ~he propriate "for general repairs" without specifications is nothing in coming year; and the committee deemed it economy and it was most the world but an invitation thn,t these amollnts shall be SJJent, and strenuously recommended by the Secretary. The House omitted it we all know that no appropTiation of money was ever made by Con- entirely, although in the estimates there was a much larger amount gress that the Departments did not find means of using. · called for. · Mr. WINDO~. Why,~- President, there are over $600,000 in this Mr. WINDOM. If the Senator from Delaware will allow me, I will bill that they did not use this year. answer his question. As I understand, he asks why we do not specify The question being taken by yeas and nays, resulted-yeas 26, to what navy-yards the appropriation is to be applied. For the rea- nays 11 ; as follows: son that the sum is so much smaller than that estimated, it was im- YEAS-Messrs. Allison, .Anthony, Booth, Boutwell, Bruce, Clayton, Conover, possible to specify how it should be divided among them, and by tak- Cragin, Dorsey, Ferry, Frelinghu:vsen, Hamli.If, Harvey, Hitchcock, 'Lofi.an, Mc:Mil- ing it in the lump the sum of $500,000 it was believed could be so lau, MorrillofMaine, Morrill of Vermont, Paddock, Robertson, Sar:;ren~ Sherman, ' applied that this property might not suffer material damage. The wa.t.lleigb. West, Windom, and Wright-26. NAYS-Messrs. Bayard, Bogy, Caperton, Cockrell, Eaton, Goldthwaite, Gor- amount last year was about a million dollars. This is tho smallest don, lnl!alls, Key, Maxey, and Withere-ll. amount appropriated for many years, and it was lumped in order to ABSENT-Messrs. Alcorn, Barnum, Burnside, Cameron of Pennsylvania~ Cam. eron of Wisconsin, Cbristiancv Conklin!!. Cooper, Davis. Dawes, Dennis, Edmunds, enable the Secretary of the Navy to economize and utilize this sum Hamilto~, Howe, Jobnston1 :Tones of Florida, Jones of Nevada, Kelly, Kernan, as might be most demanded_at the different yards. · McCreery, McDonald, Merrunon, Mitchell, Morton, Norwood, Oglesbv, PattersonJ Mr. BAYARD. It might be a small sum appropriated for many Randolph, Ransom, Saulsbury, Sharon, Spencer, Stevenson, Thurman, Wallace, ana years past for this purpose and yet be a great deal too large. I have Whyte-36. steadily voted for a number of years most liberal sums for the main- So the amendment was agreecl to. tenance of the Navy. I have always said that it should not lack The next amendment of the Committee on Appropriations was to -money for my vote. Therefore while agreeing that the appropria- insert as Jines 891 and 892: tion be made1 I did propose and do still propose to hold those respon- For continuing the work on the dry-dock at Mare Island, California, 1200,000. sible who have wasted money by mn.intaining a peace establishment · at a war cost. I do not propose at this moment, nor is this the bill The amendment was agreed to. or the proper occasion, to express my views in regard to the relative The next amendment was to insert as line 893: expenditures in the naval establishment and the results which we For the purchase· of torPedoes, $30,000. have found after many years of experience; bnt this I do say, that The 'amendment was agreed to. the sy5tem of lumping expenditures by half millions and by millions The next amendment was in line 910, in the appropriations for I trusted was at an end. Last year we a.p propriated upward of buildings and grounds in and around Washington, to increa-se the $3,000,000 in a lump for naval expenditures to be spent how we knew apJ;!ropnation "for manure and hauling of the sa.me" from $2,000 not or why we knew not; and it does seem to me that in thus pass- to $4,000. ing upon such large amounts of money we at least should have more Tho amendi;nent was agreed to. details to justify us in the appropriation. The next amendment was to strike out lines 932 and 933, as fol- I do not doubt that the naval stations aJ'e valuable, nor t.bat the lows: navy-yards are valuable, nor that they have cost a great deal of To aid in the completion of monuinent in commemoration of the colored race, money, and perhaps a great deal too much money; but we also know &3,000. that the naval stations and the navy-yards are generally the habita- :Mr. PAD DOCK. I should like to have an explanation of that. tions of mechanics, and this very class of repair is such a.s can be Mr. WINDOM. The committee struck it out because they had no ~ made with very little expense by any diligent officer who chooses to explanation of it. We were not aware that the colored race was ex- attend carefully to it. I do not mean to say that there may not be tinct yet, and therefore could not see the object of completing a found a proper account for this large expenditure of money; but I monument "in commemoration of the colored race." I do not know observe it did not originate in the House of Representatives, nor am but that our friend from Mississippi who has recently been there may I awa:r;e what estimates were regarded or disregarded, or what other be able to give some reasons why this appl'Opriation should be made, n,ppropri.it;ions may be found that would lap over and affect this same but the committee certainly ha{l none at the time they considered the object; Mit I ehall content myself, in the absence of explanation.! bill. - by asking for the yeas and nays that I may appear upon the recora. Mr. PADDOCK. It seems to me the Honse of Representatives must as opposed to this appropriation, . have had some information on the subject. The yeas and nays were ordered. Mr. WINDOM. It may have been; but the Committee on Appro- Mr. WINDOl\I. A single word, Mr. President. I agree with the priations had not any. Senator from Delaware that appropriations iu tb,e lump are not de- The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) The sirable; nor do I believe that, as a general rule, is the best policy; question is on the amendment to strike out the item. .but the co~mittee adopted it in this case because they felt constrained The amendment was agreed to. to approprmte a smaller sum of money than was deemed necessary The next amendment of the Committee on Appropriations was in ' by the Department, and it was impossiblo to divide it up and specify line 937, after the word " Capitol," to insert the word" and;" in line ~1:o what particular navy-yards a given sum should be appropriated; 9381 to strik~· out the woTds ''and Executive Mansion;'' and in li.ne94f, 1876. QONGRESSIONAL RECORD-SENATE. 4279 to st rike out the words "fuel for wat chmen's lodges and for green- Mr. GORDON. The amendment between lines 1059 and 1063 was houses at the nursery, $51,000," and insert "$32,000, to be expended passed over inadvertently on this side of the Chamber. under the direct ion of the Architect of the Capitol;" so as to make :Mr. WINDOM. I understand those words were put in by mistake the clause read: in t he House. - For lighting the Capitol) and grounds about the same, including Botanical Gar- :Mr. GORDON. Very well. I find the same point is covered in dE-n, for gas, pay of lamp-h ghters, p:as-fitters, plumbers nnd plumbin~, lamps, lamp­ anot her portion of the bi11. po:o~ts, matches, materials for the electrical battery and reparra of all kinds, $32,000, The Chief Clerk continued the reading of the bill. to he expended under the direction of the Architect of the CapitoL The next amendment of the Committee on Appropriations was in The amendment was a.greed to. line 1140, in the clause making appropriation for expenses of the na- The ne~t a.meudrnent was after line 944, to insert: tional curren_cy, to increase the item" for paper, engraving, printing, Jfor lightin~t tbe Executive M:l.Dsion, namely, for gas, pay of lamp-lighters, gas-fit. express charges, and other expenses," from $175,000 to $200,000. tors, plu mbers and plumbing, lamps. laro_p-posts, matches, and repairs of all kinds, The amendment was agreed to. fuel for watchmen's lodges and for green-houses at the nursery, i19,000. The next amendment was in line 1144, to increase the appropriation The amendment was agreetl to. "for b:ansportation of notes, bonds, and other securities of the United The n~t. amendment was after line 957, to insert: States" from $25,000 to $50,000. For repairs of Georgetown reservoir, f4,000. The amendment was agreed to. For improvement and care of all the various public reservations, $16.000. The next amendment was after line 1148, to insert: For graveling roadways in the Mall between Four-and-a.-half and Sixth streets, (over the site of the old Agricultural Garden,) e;J,OOO. P-r01Jided, That not more than $1, 000 of thil! appropriation may be expended for rent of an office for the Commissioner. The amendment was agreed to. The next amendment was in· the miscellaneous appropriation for So as to make the clause read: the Capitol, to strike out lines 973, 974, and 975, as follows: Inquiries respecting food-fishes: For con tinning the inquiry into the cause of the decrease of food-fishes of the coast~ of tbe rivers, and of the 1akes of the United For improving the Capitol grounds and for paving roadway and foot.walk.s in States, '$5,000: Provided, That not more than $1,000 of this appropriation may b6 the Capitol grounds, $100,000. expended for rent of an office for the Commissioner. The amendment was agreed to. The amendment was agreecl to. The next amendment was after line 975, to insert: The next a!Dendment was in line 1180, to increase the appropriation For taking up and renewin~ floor of the Senate Cba.mb6r and re-arrangi.Bg tbe "for furniture and repairs of furniture and carpets for all public Jlues for more equal distribution of air through the registers of the floor, $4,000. buildings under control of the Treasury Department" from $75,000 to For paving roadways east court, and foot. walks of the Capitol grounds, $150,000. For continuing the imJ?rovements of the Capitol grounds, includfug the foot. walks $100,000. of the west side of the Capitol. $75,000. The amendment was agreed to. For an additional steam-boiler for the beating-apparatus in tbe Senate wing of The next amendment was in line 1185, to increase the appropriation the Capitol and for repairs to gM-pipes in the Capitol building, 18,000. "for pay of custodians and janitors for all public buildings under con- Mr. WINDOM. I wish to modify the amendment on line 178, as it trol of the Treasury Department" from $50,000 to $100,000. was a mistake of the committee; it should have been 5,000, and was The amendment was agreed to. intended to be by the committee, instead of $4,000. Therefore the The next amendment was after line 1192, to insert: first of these items shonld be $5,000 instead of $4,001). For temporary clerks of the Treasury Department, $40,000; and for temporary The PRESIDING OFFICER. That amendment will be made, if clerks in the office of the Treasnre.r of the United Stat~s. $20,000. there be no objection. Mr. EATON. I hope there will be an explanation of this. 'Ve The amendment, as modified, was agreed to. have passed seyeral millions without one word being said. This is a. The next amendment of the Committee on Appropriations was provision "for temporary clerks of the Treasury Department, $40,000; after line 989, ~ insert : and for temporary clerks in tho office of the Treasurer of the United For improvement of Senate elevator, &2,000. States, $20,000." There is $60,000 for temporary clerks. First, I will Mr. WEST. The suggestion was made by the Committee on Ap- ask, for information, as I am very much in need of it, what is the propriations just as it was closing its session to have the elevator im- meaning of these "temporary clerks f" Let us know. proved. The amount fixed in the amendment,J understand from con- Mr. LOGAN. When you send a resolution to the Treasury Depart- sult.ation with the architect of the Capitol and the chairman ·of the ment for information, they have to employ additional clerks to give Committee on Public Buildings and Grounds, is not sufficient. I it to you. That is what it means. move to make the amount $5,000 instead of $2,000. Mr. EATON. As I have not time to send to the Treasury Depart- The amendment to the amendment was agreed to. ment, I am asking my distinguished friend from Minnesota-- Mr. SHERMAN. It seems to Il'le that $5,000 ought to build an ele- Mr. LOGAN. I mean when the Senate or House sends a resolution. vator in the St. Nicholas Hotel, instead of being the amount needed to Mr. EATON. I understand the Senator. improve one in this building. Mr. WINDOM. We have for many years made an appropriation Mr. WEST. That is very true; but the St. Nicholas Hotel is not for temporary clerks in the Treasury Department because at certain half as big as this Capitol, and we want to get as good an elevator as seasons of the year there is a great pressure, and this is to give a little - that in the St. Nicholas. The language used is "improvement," and elasticity to it, so that when the exigency arises additional clerks it is au improvement, because it is not intended to build an elevator may be used ; and as we have at both ends of the Capitol cut down entire; the bole is cutout; but t.be sum of $5,000 is necessary to give the force to the lowest possible number that it is believed can do tlle you a proper elevator, which you have not now. duties of that Department-I mean the majority-- Mr. SHERMAN. There· iii an elevator here. . :Mr. SARGENT. The regular duties. Mr. SARGENT. We understand that this elevator ie dangerous; Mr. WINDOM. The regular force I mean. The Senator from Con-· that it is liable to give way at any time, and sacrifice anybody who necticut shakes his head. Evidently in his judgment we have not may be in it. I was in favor of $2,000, and was not aware that it cut it down to the lowest number, but in the judgment of the ma- would cost as much as $5,000. I should like to add, "or so much jority we have done so; and as we have for n. long time given them thereof as may be necessary," so as to be an indication that we do this temporary force for the exigencies that may arise, we deem it not want $5,000 expended if it can be helped. peculiarly important that it be done now. That is the purpose of it. Mr. WEST. I have no objection. I do not know that I can make any more full explanation. The PRESIDING OF~"'ICER. The amendment will be so modified, Mr. EATON. I desire to state a fact here. I stated it once before if there be no objection. on another bill, but it is quite as proper that it should be restated The amendment, as amended, was agreed to. now. A committee was appointed by t.he Senate last spring. The The next aJDendment of the Committee on Appropriations was in honorable Senat-or from Massaehusetts [Mr. BOUTWELL] was chair- the appropria~ion for the "survey of the Atlantic and Gulf coasts," man of the committee; I had the honor of being a member of that after the word "navigation," in line 1059, to st.rike out the words: committee. · Some time was spent in the various Departments here for the purpose of looking int-o a re-organization of the Departments. And for a survey of said river from Cairo to New Orleans, toj!ether with its It was suggested by members of that committee that there should be • various ontlots to the Gulf, with a view of ascertaining the most effectual method of protecting the alluvial lands bordering upon its banks from overflow. one hour per day more labor performed by the employes than bad been performed. I understood from my friend from Minnesota that So as to make the clause read : that request had been complied with, and that the employes were put Survey of the Atlantic and Gulf coasts: For every pnrpose and object necessary to one more hour of labor: There are about five thousand, I think for and rncident to the continuation of the survey of tbe Atlantic and Gulf coasts of the_Dnited States, an:cen;jf" .I::re~be~ :aright, about .t.Q.ree o.r four betwpen . the Hopse of Representatives for the month of February, 1874, to be divided equally !~ hllll:~-~-=·./:;:: :::···.:·..~·:.":::.·~·· ··;:: .·. :·--' ~ .·. <··.;.... ;-: :· ' ·. .. . . '·: .. ·. : . them. : . ·~¥;t:. :)V!Nl)O~f ..:: ·The 1-ed"Q.oti9R made by the Senate :was about "three The amendment was agreed to. ·. kunifred:'and··~jgh:teen, ·I lrlnk: ' ;.. - :.. · · : : ·· · The next amendment was in line 1221, to increase the appropriation 11fr. E.A.TON: · l mean the Senate. ·:· for the Signal Service from $300,000 to $400,000. · Mr. WINDOM. The reduction proposed by the Honse was ten The amendment was agreed to. or twelve hundred. The next amendment was to strike out from line 1238 to line 1243 Mr:E.A.TON. It oucrht to have been fifteen hundred. It was but tho following words: t-en or eleven hundred; but the reduction made by the Senate was The unexpencted balance of the appropriation for sea..coast defenses for the fiscal three hundred and eighteen, my friend says. Now, sir, I undertake year ending June 30, 1876. is hereby continued and made available for the service to say-and .if my honorable friend can contradict me in argument of the :fiscal year eniling J nne 30, 1877. let him do so-that if there is one hour per day put upon the clerks .A.nd insert : of the Treasury Department more than there was a year ago and but Eighteen thousand dollars. three hundred have been removed in all the Departments of the Gov- ernment, you do not reqnire this additional 60,000; and, if it is not So as t-o make the clause read : required, we ought not to vote it. . That is certain. . For military surveys and reconnaissances by the engineer officers attached to the Mr. WINDOM. I did not very distinctly understand the Senator various headquarters of military divisions and department.'!, and for the construc- from Connecticut, because I cannot presume that be argues that be- t18,000. tion anvernment. charge of the duties of that Department in order to save the appro- The proviso is to make the latter clause of the text more certain. priation bill; and I am willing as a member of the conference com- It goes on to say : mittee on that subJect to cripple the service rather than t-o destroy That hereafter no person in the employ of the Government of the United States, it; and hence I a.,m willing to go below the reduction that the Senate or of any Department thereof, or of the District of Columbia, shall hold two places has proposed, although I believe that the reduction proposed by the ploye of profit, emolument, or salary: And provided autO, That no officer, clerk, or em- of Congress shall hold any other office of profit, emolument, or salary while Senate is as low as the service will justify, but I would -rather crip- receiving pay from the Senate or House of R~presentatives, except as authorized ple than destroy it. by this act. Mr. E.A.TON. I am very sorry to hear my friend say that he would rather cripple the service. I would not cripple it at all. Now let us That proviso unquestionably makes certain the fact that no one per- look at the argument of my distinguished friend one moment. He son shall draw two salaries from the Government. I do not see the asks us to appropriate- necessity for striking it out. Mr. WINDOM. The committee recommended the striking out of the For temporary clerks of the Treasury Department, $40,000, and for t-emporary proviso because those provisions of law exist now, and the couunittee • clerks in the office of the Treasurer of the United States, 20,000. In the next breath he admits that the conference committee will thought it was not worth while to re-enact them again. They are the cut dow)l the service. How my honorable friend can require an ap- law now. The amendment was agreed to. propriation of 60,000 before be knows what the conference com- The next amendment of the Committ.eE\ on .A.ppropri~tions was after mittee is going to do is more than I can figure. If I knew that the the word "history," in line 1287, to insert'' and to transfer for duty conference committee were about to reuuce the f:lrce of the various in connection with the library one additional acting assistant sur- Departments to a point where I believed wit.h good clerks and proper geon ; " so as to make the clause read: work the service of the Government could be done, then I should be perfectly willing to vote for the $60,000 for temporary clerks, or so unce For completing the Medicaland Surgical History of the War the unexpended balr of the appropriation made in the act of Juno 8, ld72, and ro-a.ppropr111ted in the much thereof as might be necessary; but until that thing is done, I act of June 23, 1874, is hereby continued and rendered available, and the Surgeon- submit to my honorable friend that he makes out no ca-se here, and General is hereby authorized to continue on duty in his office the acting assistant no Senator with the argument of my distinguished friend in his face sur~~ns now employed on said history, and to transfer for duty in connection with can vote for that appropriation. the library one additional acting assistant surgeon. The PRESIDING OFFICER. The question is on the amendment Mr. LOGAN. I do not know but that the word "transfer" there inserting.the clause from line 1193 to line 1196. · ought to be" detail." The am~?ndmeut was agreed to. Mr. WINDOM. Perhaps "detail'' is a better word. 1876. C.ONGRESSIONAL RECORD-SEN ATE. 4281 Mr. LOGAN. I move to amend the amendment by striking out For surveying the pnblic lands in California, at rates not exceeding $15 per linear "transfer" and inserting "detail." mile for standard lines, 614 for township, and S12 for section lines, and for heavily timbered mountain lands at augmented rates not excee~~ $18 per linear mile for The amendment to t.he amendment was agreed to. standard, $L6 for township, and $14 for section linea, $tO,Ooo. The amendment, as a.m.ended, was agreed to. For surveying the pu.blic lands in Oregon, at rates not exceeding 15 per linear The next amendment was after the word "expenses," in line 1294, mile for standard lines, $14 for township, and $1'2 for section lines, and for heavily timbered lands lying west of the Cascade Mountains at augmented rateR not ex- to strik*nt: ceeding $18 per linear mile for standard, $16 for township, ana $L4 for section lines, Three hundred and eighteen thousand seven hundred and thirty-three dollars and $50,000. forty-four cents, in addition to tho unexpended balance of fornier appropriations, For surveying the public lands in Washington Territory, at rates not exceeding which is hereby continued and made available for the service ofthe fiscal year end- $15 per linear mile for standard lines, $14 for township, $12 for section linea, and ing .June 30, 1877, for heavily timbered lands lying in the mountains at augmented rates not exceed- And to insert "668,733.44." ing $18 per linear mile for standard, $16 for township, and $14 for section lines, &40,000. . So as to make the clause read : For surveying the public lands in Utah Territory, at rates not exceeding $15 per Support of National Home for Disabled Volunteer Soldiers: For current expenses, linear mile for standard line.'i, $12 for township, and $10 for section linea, $20,000. including construction and repairs, namely for Cent.ra.l branch, East-ern branch, For surveying t-he- public lands in Nevada, at rates not exceeding $15 per linear Northwestern branch, Southern branch, and for out-door relief and incidental ex- milo for standard, $12 for township, and $10 for section lines, $15,000. penses, 668,733.44. For surveyina the public lands .in Wyoming Territory, at rates not exceeding $15 per liner mi1e for standard, $12 for township, and $10 for secLion lines, and for The amendment was agreed to. heavily timbered lands at augmented rates not exceeding $18 per linear mile for The next amendment was, after line 1312, to insert: standard, 16 for township, and $14 for section linea. $15,000. For rent of building on southeast corner of Pennsylvania avenue and Fifteenth For occasional examinations to test the accuracy of surveys in the field, $5,000. street northwest, Washington, District of Columbia, from September 1. 1875. to The amendment was agreed to. .June 30, 1876, at $1,000 per month, $10,000 ; for rent of the same building from The next am~n<1ment was after the word " claims," in line 1479, to July 1, 18i6, to June 30, 1877, at $L,OOOper month, $12,000; in all, $2'2,000. For repairing and fitting up the so-called Armory building on the Mall between strike out "the cost of such surveys shall not exceed $10 per mile for Sixth anrl Hovonth street8, and to enable the Smithsonian Institution to st{)re standard lines; " in line 1480, to strike out the word "said" before therein and to take care of specimens of the extensive series of the ores of the " surveys;" aud after the word " triangulation," in line 1480, to !:)trike precious metals, marbles, building-stones, coals, and numerous objects of natural out- history now ou exhibition in Philadelphia., including other objects of pr:wtical and economical value presented by various foreign governments to the National Mu- Seven dollars for township, and $6 for section lines, except that t.he Commissioner seum, $4,500. of the General Land Office may allow for the survey of standard lines in heavily For the expense of wat.cbing and taking proper care of said buildin~ and the ob· timbered land a sum not exceeding $12 per mile. ,iects therein contained, $1.50U: Provided, That the above sums for tne fittin~r-up and care of the said Armory building be expended under the direction of the Sec- So as to make the clause read: retary of the Smithsonian Institution: Provided, That it 4hall hereafter be the Provided, Thatno lands shall be surveyed undert.h is appropriation, except, first, dut.v of all watchmen or policemen employed in the grounds belonging t{) the those adapted to agriculture withontartificialirrigation; second, irrigable lands or United States to co-operate with the .Metropolitan J>Olice in enforcing the ru.les and such as can be redeemed and for which there is sufficient accessible water for the rei!Lllationa of the board of Metropolitan police made in relation to the public parks reclamation and cultivation of the same not otherwise utilized or claimed; third, aDndment was to add to the appropriation for the Black The amendment was agreed to. _ Hills survey the following proviso after line 1:366: The next amendment was after the wo.rd "interest," in line 1501, And i t is further provided, That the accounting officers of the Treasury are here- to insert "in said grant or by any other party;" and in line 1505, by authorized to au.dit and settle the accou.nt~ of Walter P. Jenney, H. P. Tuttle, nncl C. G. Newberry, to the amount of 611,000, the same being the sum drawn from after the word ''company," to insert ''when such company is required the Sioux beneficial ftmd, in the same manner as if that sum had been appropri- by ite act of incorporation to pay said costs;" so as to make the clause ated for this survey. · read: 'fhe amendment was agreed to. That an accurate account shall be kept by each surveyor-general of the cost of surveying and platting every private land claim, to be reported to the General Mr. INGALLS. I desire to offer an amendment to this subdivision. Land Office with the map of such claim; and that a patent shall not issu.e nor shall If the Senator from Minnesota wishes the amendments of the com- any copy of any such survey be furnished for any such private claim until the r.ost mittee to be first concluded, I will reserve it until they have been of survey and platting shall have been paid into the Treilsnry of the United States considered. by the party or parties in interest in said grant or by any other party: .And pro· videdfurthR:r, That before any land granted to any railroad company by the United Mr. WINDOM. I prefer that the Senator would let us go through States shall be conveyed to such company, or any persons entitle({ thereto under with the amendments of the committee. any of the acts incorportating or relating to said company, when snob company is 1\fr.INGALLS. Very well. required by its act of mcorporation to pay said cost, there shall first be paid into the The Chief Clerk re1mmed the reading of the bill. The next ame-nd· TreaHury of the United States the cost of surveying, selecting, and conveying the same by the said company or persons in interest. ruent of the Committee on Appropriations was to strike out the fol- lowing clause from line 1374 to line 1381 : The amendment was agreed to. For survey of the publio lands and private land claims, $200,000: Provided, That The next amendment was after line 1509, to insert: the sum hereby appropriated shall be expended in such surveys as the public in- For completion of surveys of Pawnee reservation in Nebraska, and Otoereserva. terest may require, under the direction of the Commissioner of the General Land tion in Kansas and Nebraska, $10,000, or so much thereof as may be necessary, the Office, with the approval of the Secretary of the Interior, and at such mtes as the whole amount of the cost of such surveys to be re-imbursed to the Treasury out Secretary of the Interior shall prescribe, not exceeding the rate herein authorized. of the proceeds of the sale of such reservations respectively. The amendment was agreecl to. The amendment waa agreed to. T.he next amendment was to insert a-s line 1382 to line 1468: The next amendm~nt was to strike out lines 1528, 1529, 1530, and For surveying the pn blic lands in Louisiana, at rates not exceeding e12 per linear 1531, as follows : mile for township, and $10 for section lines, $7,500. . Surveyors-general and their clerks : For compensation of surveyor-general of ~or surveying th~ public lands in Fl?rida, at rates not .exc~eding $12 per linear Louisiana, &1,800; and for the clerks in his office, 81,000. mile for standard lines, 81~ for township, and $10 for section hnes, ana for closing up the expenses of the office so far as relates to the surveyin" of the public lands The amendment was agreed to. ~~ 0 'The next amendment was after the word" for," in line 1533, to For surveying the public lands in Minnesota, at rates not exceeding $15 per line:tr · strike out the words "contingent expenses, namely," and insert" rent mile for standard lines, tl2 for t{)wnship, and $10 for section lines $~ 000. Fo~ surve:ying the public lands in Dakota Territory, at rates :ri.ot ~ceeding 12 of office of the surveyor-general of Louisiana;" so as to make the per linear m1le for standard lines, 9 for t{)wnship, and fi! for section lines $30 000. clause read: Fo~ surve.~ing the public l~ds in Mon~a T~rritory, at rates not exceeding $15 Rent of office of the surveyor-general of Louisiana, fuel, books, stationery, and per hnear ~e for standn:rd lines, _$12 for townRhip, and tl 0 for section linea, $~0,000. other neceaeariea, $1,000. "!for surveymg th~ pub he lands m Nepraska, at rates not exceeding $15 per linear m1le for standard lines, $12 for township, and $10 for section lines $5J 000. The amendment was agreed to. Fo! snrYe~g the public lands in Colorado Territory, at rates ~ot e~ceeding $15 The next amendment was to strike out lines 1536, 1537, and 1538, per ~nea~ milo for standard lines, 12 for township, and $10 for section lines, and for as follows: heavily timbered lands at augmented rates not exceeding t18 per linear mile for standard, $16 for township, and 114 for section lines, $25,000 . For surveyor-general of Florida, $1,800; and for the clerks in his office, t2,000. . For su!"eying the pn bh,c la.nds in Idaho Ter;ritory~ at rates not exceeding $15 per The amendment wat~ agreed to. lmea! m~e for standard lmes, $12 for township, ana $10 for section lineR, and for The next amendment was in line 1539, after the word "for," to heavily timbered lands at augmented rates not excf'eding $L8 per linear mile for standard. $16_for township, and $14 for section lines, L5,000. strike out the words " contingent expenses, namely;" and after the For sm:veymg _tbe _pubho lands i~ New .Mexico Tenitory, at rates not exceeding word " rent" to insert " of office of surveyor-general of Florida ; " so $15 per hnea.r rilile for standard lines, $12 for township, and '10 for section lines as to make the clause read : $15,000. ' Fo: survey_ing the public lan~a in Arizona Territory, at rates not exceeding- $15 For re-';1-t of office of surveyor-general of Florida, fuel, books, stationery, and other per lmear mile for standard lines, $12 for township, and 110 for section lines, necessanes, $1,000. 110,000. The amendmont was agreed ~ CONGRESSIONAL RECORD-SENATE.. ~ JUNE 3Q, The next amendment was to strike out from line 1542 to line 1544 The next amendment was to strike out from line 1585 to line 1587, .as follows : as follows: For surveyor-general of Minnesota, $1,800; and for the clerks in his office, $3,000. For surveyor-general of Oregon, $2,200; and for the clerks in his office, $3,600. The amendment was agreed to. · The amendment was agreed to. The next amendment was in line 1545, after the word " for," to The next amendment wasinline1588,afterthe word" forji to strike strike out "contingent expenses, namely;" after the word" rent" to out "contingent expenses, namely, for/' and insert "rent of office of insert ''of office of surveyor-general of Minnesota ; " and in line 1547, surveyor-general of Oregon ; " and in line 1590, to strike out " one after the word ''necessaries," to strike out" one" and insert" two;" thousand ti ve hundred" and insert " two thousand; " so a:s to make the so as to make the clause read : clause read : · For rent of office of surveyor-general of Minnesota, fuel, stationery, books, and For rent of office of surveyor-general of Oregon, fuel, books, stationery, and other other necessaries, $2,000. necessaries, 2,000. • · The amendment was agreed to. The next amendment was to strike out from line 1548 to line 1550 Tho amendment was agreed to. as follows: The next amendment was to strikeout from line 1592 to line 1594, as follows: For surveyor-general of the Territory·of Dakota, $1,800; and for the olerks in his office, $3,200. • For survoyor-general of the Territory of Washington, 82,200; and for the clerks in his office, $3,000. The amendment was agreed to. _ The amendment was agreed to. The next amendment was in line 1551, after the word " for," to strike out the words " contingent efpenses, namely ;" after the word The next amendment was in line 1595, after the word "for," to "rent" to 'i nsert the woras "of office of surveyor-general of Dakota;" strike out "contingent expenses, namely;" and after the word" rent" and in line 1553, after'the word "necessaries," to strike out the word to insert "of office of surveyor-general of Washington Territory;" "one" and insert "two;" s6 as to 'make the clause read: and in line 1595, to strike out '.' one" and insert " two ; " so as to make the clause read : For rent of office of surveyor-general of Dakota, fuel, books, stationery, and other necessaries, a2,000. For rent of office of snrveyor-wmeral of Washington Territory, fuel. books, sta- tionery, and other necessaries, t2,000. The amendment was agreed to. The amendment wa-s agreed to. The next amendment was to strike out from line 1554 to line 1556 as follows : , The next am0ndment wa5 to strike out from line 1598 to line 1600, as follows : ... ' , For surveyor-general of the Territory of Colorado, t-2,500'; and for the clerks in his office, f3,600. For surveyor-gene~ of Nebraska. and Iowa., $2,000; and for the clerks in his office, $3,600. • The amendment was agreed to. The next amendment was in line 1557, after the word " for," to The amendn:lell'f was agreed to. strike out " contingent expenses, namely ;" in the same line, after the The next amendment was in line 1601, after the word" for," to strike word "rent " to insert " of office of surveyor-general of Colorado;" out" cont-i ngent expenses, namely;" after ''rent," to insert "of office -and in line l559, after the word "necessarieR,'' to strike ou ''one t_hou- pf wveyor-general of Nebraska and Iowa;" and in line 1603, to strike sand five hundred" and insert ''two thousand;" so as to make. the eut ''one" and insert "two;" so as to make the clause read: clause read: . · For rent of office of surveyor-general of Nebraska and Iowa, fuel, books, station- ery, and other necessaries, t.l,OOO. For rent of office of surveyor-general of Colorado, fuel, books, stationery, Jllld other necessaries, f,l,OOO. The amendment was agreed to. The amendment was agreed to. 'l'he next amendment was to strike out from line 1604 to line 1606, The next amendment was to strike out from line 1560 to line 1562 as follows: as follows: For surveyor-general of the Territory of Montana., f2,50(); and for the clerks in his office, $3,200. For surveyor-general of the Territory of New Mexico, f,2,500; and for the clerks in his office, e;l,OOO. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 1607, aftedhe word "for," to strike out" contingent expenses, namely," and, after ''rent," to insert "of The next amendment was in liue 1563, after the word "for," to office of surveyor-general of Montana Territory; " so ns to make the strike out "contingent expenses, namely;" after the word "rent," to clause read: · insert "of office of surveyor-general of New Mexico;" and in line 1565, after the word "thousand," to insert "five hundred;" so as to For rent of office of surveyor-general of Montana Territory, fne~ books, station- ery, aml other necessaries, i1,500. make the clause read : The amendment was agreed to. . For rent of office of surveyor-general of New Mexico, fuel, books,.stationery, and The next amendment was to strike out from line 1611 to line 1613, other necessaries, t1,500. as follows: The amendment was agreed to. For surveyor-general of the Territory of Utah, $2,500; and for the clerks in his The next amendment was to strike out from line 1566 to 1568, as office, $3,600. follows: The amendment was agreed to. For surveyor-general of California, $2,500 ; and for the clerks in his office, ts,ooo. The next amendment was in line 1614, after the word" for," to strike The amendment was agreed to. out "contingent expenses, namely," and, after" rent," to insert "of The next amendment was in line 1569, after the word "for," to office of surveyor-general of Utah Territory;" so as to make the clause strike out" contingent expenses, namely;" :Uter. the wor~ "~nt," to read: insert" of office of surveyor-general of Cahforrua;" and m hue 1571, For rent of office of surveyor.general of Utah Territory, fnel, books, stationery, after the word " expenses," to strike out " three" and insert " five; " and other necessaries, $1,500. so as to make the clause read : The amendment was agreed to. For rent £of office of surveyor.general of California, fuel, books, stationery, and The next amendment was to strike out from line 1617 to line 1619, other incidental expenses, $5,000 as follows : · For surveyor-general of the Territory of Wyoming, $2,500; and for t-he clerks in The amendment was agreed to. . . .... . his office, $3,ti00. The next amendment was to strike out from lme 1512 to line 1574, The amendment was agreed to. as follows : . The next amendment was in line 1620, after the word "for," to For surveyor-general of the Territory of Idaho, $2,500 ; and for the clerks in his strike out "contingent expenses, namely;" after "rent" to insert "of office, $3,000. office-of surveyor-general of "Vyoming Territory;" and in line 1 22 The amendment was agreed to. · to strike out '·two" and insert ''five;" so as to make the clause read: The next amendment was in line 1575, after the word "for," to strike out" contingent expenses, namely; for," and, after the word tionery, For rent of office of surveyor-general of Wyoming Territory, fuel, books, sta- and other necessaries, $1,500. "rent," tO insert ''of office of surveyor-general of Idaho Territory;" so as to make the. clause read : The amendment was agreed to. For rent of office of surveyor-general of Idaho Territory, fuel, books, stationery, The next amendment was to strike out from line 1623 to line 1626, and other necessaries, $1,500. . , as follows: For surveyor-general of the Territory of Arizona, 12,500; and for the clerks in The amendment wa-s agreed to. his office, $3,200. The next amendment was to strike out from line 1579 to line 1581, The amendment was agreed to. as follows: The next amendment was in line 1627, after the word "for," to For surveyor-general of Nevada., $2.500; and for the clerks in his office, 13,500. to strike out "contingent expenses, n~meJy;" a~r "rent," to. ins~rt The amendment was agreed to. ''for office nf surveyor-general of Anzoila. Territory;" and m ]me The next amendm.e nt was in line 1582, after the word "for," to 1629, after the word "thousand," insert "five hundred;" so as to make strike out· "continge~t e4penses ;" and after "rent" to insert "of the clause read : office of surveyor-general of Nevada;" so as to make the clause read: For rent of office of surveyor-general of Arizona. Territory, fuel, books, station· . For rtm1{ of office ·o f SUrveyor-general of Nevada, fuel, books, stationery, and ery, and other necessaries, $L,500. other necessaries, $1,500. · The amendment was agreed to. The amendment was agreed to. • The next amendment was under the head of "expenses of tho col· 1876. QONGRESSIONAL REOORn.:-:..sENATE. --- ' lP-ction ofr(wenue from sales of public lands," to increase the appro- the amendments made as in Committee of the Whole, in gross, except priation for salaries and commissiollB of registers of land offices and those reserved. . r eceiverS of public money at ninety-four land offices, from $365,483.21 The amendments were concurred in. to $.531,700. The PRESIDENT pro tempore. The first reserved amendment will The amendment was agreed to. be reported. The next amendment was to strike out from line 1643 to line 1653, The CHIEF CLERK. The first reserved amendment, which was as follows: agreed to as in Committee of the Whole, was in line 1203, after the word "the," to insert " House of Representatives for the," and in line For surveying, appraising, advertising, and other exp~nses J?r~ary to the 1205, after t-he word "between," to strike out the words "the three sale of the United States arsenal property at Dearbornville, Michigan, under the oot of March 3, 1875, 1,000. named gentlemen" and insert" them;'' so a.s to make the clause read: That from and after the 1st day of .July, 1876, the salaries and compensation of That the sum of $302.40 be, and the same is hereb1, appropriated to Henry Cllll: all officers and employes provided for in this act shall be the sums respectively Charles S. Risinger, and Charles E. Diemer, for serv1ces rendered as folders for the fixed for said officers and em:ployes herein, and no mort> ; and all acts or parts of House of Representatives for the month of February, ltl74, to be divided equally acts in conflict with the proVIsions of this act are hereby repealed. between-them. The amendment was agreed to. l\Ir. MORRILL, of Vermont. I should like to have some explana- The next amendment was to insert as section 2 the following: tion why that change from" the three named gentlemen" to "them" SEC. 2. That the Sec.r etary of the Treasury be, and hereby is, authorized to pur· is made. . chase for the use of the United States, the building occupied and owned by the Mr. WINDOM. I think the Senator is not anxious perhaps for an Freedman's Savings and Trust Company, in the city of Washington, District of explanation. We do not . like to enact titles .for anyl)ody in this Columbia, together with other real estate adjacent thereto, running a~ut one hun- dred and sixteen feet on Pennsylvania avenue and about one hundred and thirty- country, and as the House had given to certain persons the title of six feet on street No. 15!, being the west half of lot No.3, all of lots 4, 5, 6, 7, and "gentlemen" we thought perhaps we had better not enter into that the south half of lot No.8, in square No. 221, as laid out and recorded in the orig- business now. inal plats or plan of said city, supposed to contain about twenty-three thonsana feet be the same more or less ; and, for thi.s object, the Secretary of the Treaanry The amendment was concurred in. i8 h~roby authorized to issne and dispose of Uni-ted States 5 per cent. bonds, here- The PRESIDENT pro ternpore. The next reserved amendment will tofore authorized by law, at not less than par in gold, and to use the proceeds in be reported. . . paying for said real estate at a price not exceeding 1325~000: Provided, That no pay- The CmEF CLERK. The next reserved ame~dment is in line 274, ment Shall be made of the 83me until after the Atrorney-Generalshall be satisfied that au indefeasible title to the said real estate will be conveyed to the United after the word " of " t-o insert " any of;" in line 275, after the words States. "District of Columbia," to insert "not required for its a-ctual current expenses;" and in line 279, after the word ''seventy-six," to insert the Mr. COCKRELL. I should like to ask the Senator in charge of words " and thereafter; " so as to make the clause read : t.bis bill if this is not 'legislation upon an appropriation bill f It looks That the Secret&l'y of the Trea~ -&ball reserve of ·any of the revenues of the that way. District of Colnm b1a not required for its actual current expenses a sum sufficient Mr. SARGENT. Not more than buying torpedoes and the like. to meet the interest accruing on the 3.65 bond.s of the District during the fiscal l\Ir. WINDOM. This is in the line of economy, I will say to the Sen- year beginning .July 1, 1876, and thereafter, and apply the_ same to that pur- ator from Missouri. · pose; and in case there shall not be a. sufficient sum of said revenues in the Treas- ury of the United Stat-es at such time as said interest may be due, then the Secre- Mr. COCKRELL. So that you ~mit that it is legislation in an ap- tary of the Trea~ is authorized and directed to ad vance, from any money in the propriation bill: very well. Treasury not.otiierwise appropriated, a sum sufficient to pay said interest, and the Mr. WINDOM. It is not general legislation. same shall be re-imbursed -to the Treasll!Y of the United States from time to time :Mr. MORRILL, of Vermont. We are renting the upper portion of as said revenues may be paid into said Treasury until the full amount shall have this building and paying at the present time more than it would cost been refunded. - to have the whole adjacent real estate around. That is to say, we are Mr. WRIGHT. I reserved this amendment for the purpose of hav- paying $17,000 per annum for the upper stories of that building, which ing some explanation of it. I was not in at the time it pa-ssed. It is fire-proof with the exception of the roof; and by this purchase, strikes me as presenting possibly a very important question. If there whlch is offered to llB by the trustees for the sum named, we obtain be no objection on the part of the Senator from Minnesota havingtbe it at the interest on a less sum. bill in charge, a.s the Senate is not full and as I do not suppose he pro- The amendment was agreed to. poses to pass the bill to-night, I suggest that we go on with the other l\Ir. Wll~DOM. I have a number of amendments to offer, but if amendments and return to this matt~r to-morrow. agreeable to the Senate I ask that the bill may be reported to the l\Ir. SARGENT. We cannot hear what the Senator says. Senate, so that we may act finally upon the amendments already Mr. WRIGHT. I suggest to the Senator from Minnesota, in·view passed upon ; and I will reserve my amendments until after that of the fact that this amendment raises possibly a very important action is taken. question, if he has no expectation of disposing of the bill to-night, The bill was reported to the Senate as amended. this question might be left open and come up to-morrow. · . Mr. MORRILL, of Vermont. I should like to reserve the amend- Mr. SARGENT. Why not pass the bill to-night f . ment in line 1205. · Mr. WRIGHT. That is the very question that I have suggested to The PRESIDENT pro tempore. That amendment will be reserve«!. the Senator from Minnesota.. I ask him whether he proposes to dis- :Mr. WINDOM. Concurring in these amendments will not prevent pose of the bill to-night f the committee or any one else froi'D. offering amendments afterward, Mr. WINDOM. If there be no. objection I should be very glad to I understand! dispose of it, and.I think we ought to do so. I think we can do soin The PRESIDENT pro tempore. It will not. a very few moments. Mr. WRIGHT. Do I understand that the question is on concurring Mr. PADDOCK. If the Senator from Iowa will yield to me, I de- in all the amendments f sire to make a statement in reference to the amendment striking out The PRESIDENT pro tmnpore. In all the amendments, except one lines 931 and 932 "to aid in the completion of monument in com- which bas been reserved. memoration of the colored race, 3,000." Mr. WRIGHT. I make the inquiry, as it is my purpose to reserve I wish to say that the Senator from Mississippi, [Mr. BRUCE,] who the amendment found on page 12, line 274. I want some explanation is a colored gentleman, desired an opportunity to make an inquiry in of that amendment. reference to this proposed appropriation. He supposed that he would Mr. PADDOCK. I ask also that the amendment on page 39, lines be able to gain knowledge from some members of the House from 932 and 933, be reserved. whom it emanated. He left the Senate to-night with the understand- The PRESIDENT pro tempore. These three reservations will be ing that the bill would not be concluded, that it would not be passed, made. that it would not get beyond the Committee _o f the Whole, or, at all Mr. PADDOCK. And also tlJ.e last amendment, the second section. events, beyond being repQlted from the committee to the Senate. I That being in the nature of a legislative provision, I think the objec- assured him that there would be an opportunity to-morrow for him tion of the Senator from .Missouri [.Mr. CocKRELL] is well taken. I to insist upon the rejection of this amendment, so as to restore the think we had better consider that matter f clause. . Mr. WEST. How is it legislation f Mr. LOGAN. The Senator will allow me to interrupt him. He Mr. COCKRELL. I do not desire the Senator from Nebraska to says the Senator from MisSissippi left the Chamber'with the under- understand that I am objecting to it. With the iL.IBtriou-s examples standing that the bill would not be concluded to-night. With whom which have been set for a series of years here, I should scarcely dare did he have such an understanding f - . to protest against such action in an appropriation bill. Mr. PADDOCK. He had not an understanding with the entire Mr. WINDOM. I assure the Senat-or that if the other Honse shall Senate, of course, but he had that understanding with himself. It object on the ground that this is legislation, the Senate will not insist was his opinion. . that the bill shall be defeated unless they recede from their position. Mr. LOGAN. There are a few Senators who generally are not found Mr. COCKRELL. I am not objecting. The Senator from Nebraska here ; I do not say the Senator from Mississippi is one of them ; bnt must have it reRerved on his own responsibility and not on mino. I Senators who leave this Chamber have no right to have any under- only wanted an open confessionf which is good forth~ soul. standing about it. It is their business to be here, and I object to any Mr. LOGAN. A confession of wbatf reservation for anybody with any such understanding. Mr. COCKRELL. That this is le~slation. Mr. PADDOCK. The Senator from Mississippi left at an early l\Ir. LOGAN. I object to legislation of a general character on an stage of the bill and naturally supposed it would not be passed to a appropriation bill. This is not legislation of a general character. final vote to-night. _ The PRESIDENT pro tempore~ The question is on concurring in , Mr. LOGAN. Then ho left without knowing whether there would 4284 -OONGRESSIONAL REOORD-BENA·TE. JUNE. 30, be a quorum here or not. It was his business to be here. I object to Mr. WINDOM. On page 25, after line 886, I move to insert the any Senator having an amendment reserved on account of his ab- following: sence. The appropriation of $8,000 made last year to defray the expenses of the com- Mr. PADDOCK. I desire to say that at the time the Senator from missioner appointed by the President under a joint resolution of Congress to rep- Mississippi left the Chamber there was a fair presumption that there res~ntthe United States in ~n international penitentiary congress is hereby made would not be a conclusion of this bill to-night. available, agreeably to the mtent of the act making the approvriation for the p~yment of all n~ssary expenses incUITed in the preliminary tabors connecwd Mr. LOGAN. There could bono presumption about it. With the preparation for the congress; and further, aa the said congress has for Mr. SARGENT. It is obvious that the business of the Senate can- t~e PUIJI~Se of a more thoro~gh :{lreparl!'tion, been postponed for a year beyond the not wait the convenience of a single Senator ; and I desire to say that time ongmally fixed for holdiilg 1t, t.s in or money that comes in afterward. During to make it here. Why do you make it if it is in force' Because it the year he is required to reserve this amount, and it certainly is lapses to-day, it expires to-day, and that is the end of it; and unless doin~ very little toward carrying out the pledge that Congres8 would it is revived in this bill there is no appropriation. proVIde legislation for the payment of this interest. If the Senator Mr. HAMLIN. I concur entirely with the Senator from New Jer- asks me what my individual opinion is, I should say the Government sey as to the propriety of agreeing to the amendment which has been ought to pay one-half the interest absolutely. The bill dt;es not re- oftered. I hope it will be agreed to. I think the Senator from Mis- quire that, however. It requires the Government to be re-imbursed souri has spoken with great haste. I think be bas said that which by the District. on cool reflection he will llimself believe to be inappropriate to the The amendment was concurred in. occasion in denominating this thing a humbug. Certainly all of us The. PRESIDENT pro tempore. This completes the reserved amend- are informed more or less of the improvements that have been made ments. in the construction of prisons all over the world within the last qut~.r- l87q. CONGRESSIONAL RECORD-SENATE. 4285 ter of a century, as to the best modes of their government and the was not placed before the committee that had charge of this partic- best modes of treating the unfortunate p_eople who are t he inmates ular subject. It is all new, new matter, new facts, new information. of these institutions, and of improving their condition and reforming I think there can be no doubt that if one of these commissioners '· them. Here was a little appropriation made last year for the pur- went to Europe in pursuance of the appropriation and as a commis- pose of inviting the most skilled men in all the world to meet and to sioner, his expenses ought to have been paid by the Secretary of State; confer together as to what were the best modes still to be pursued in and if he was not paid, it was becauee he did not go there when be the construction of reformatory institutions and in reforming the in- ought to have gone. There b~g no convention in session for this mates of them. There was a peculiar condition of things existing visionary thing, he ought not to have gone. It is said that he went which procratttinated the meeting of that congress and threw it over; there as a preliminary matter. I ca1mot understand the meaning of else that congress would have been held in the past year and the ap- that word in that sense. Did he go there to qualify himself for com- propriation of last year would have been used. The subject was re- missioner f What could there be preliminary to a convention in re- feiTed to the committee of which the Senator from Missouri and my- lation to prison discipline in Europe t If he did go there as commis• self and the Senator from New Jersey are members. It was considered sioner, he was entitled t-o pay; and if he did not get it it wasbecanse by that committee, never adversely, and I think that it is in the very he did not comply with the law. line of common humanity. I am little less than pained that the Sen- This a n.,w appropriation, entirely new, and I am opposed to it. ator from Missouri should have uttered the language which he has It wa~ referred to the Committee on Foreign Relations. Of course, uttered here to-night. I do not dispute what the gentleman from New Jersey states, but at Mr. BOGY. I have uttered language in which I think there is the meetin~ where I was we did not agree to report it back. I have not.bing improper, if I am a judge of language, and I think I am. I no dispositiOn to question, nor do I question, his statement at all, bot look upon these things as visionary and what we may call humbugs. my understanding at that time was that the Committee on Foreign Mr. HAMLIN. The Senator denominated it a humbug. That was Relations were opposed to it, and I am opposed to it now because I the langua.ge he used. If the Senator can look upon a scheme like believe ho good results from these hasty gatherings. Trade conven- this, em bracinfo- so much of humanity and so much of philanthropy, tions and all matters of that kind really amount to nothing and do· as a humbng, co.nfess I am surprised. no good. A man can write a book on prison discipline and pour out Mr. BOGY. You are welcome to be surprised; I do look upon it thoughts acquired by study very well; butt{) have a parcel of gentle- in that Hght. men meet who want to talk and ventilate themselves in Europe or Mr. HAMLIN. I am not surprised, then, at anything the Senator elsewhere, amounts to nothing at all, and it is what I call a humbug. can say or do. I hope I am not offensive to my friend from Maine, but it is nothing The PRESIDENT pro tempore. The question is on the amendment else bot a humbug. - · moved by the Senator from Minnesota. Mr. FRELINGHUYSEN. · The Senator do.nbts whether this meas- Mr. EATON. I ask for the yeas and nays. ure passed the Committee on Foreign Relations. Mr. SARGENT. That will break up a quorum. Mr. BOGY. I hope the Senator does not misunderstand me. I said Mr. EATON. There is another thing more important than a quorum when I was present. Of course the Senator said it passed and I do in this bill. Let the amendment be withdrawn and the quorum will not question the statement, but I spoke of when I was present. not be broken. Mr. FRELINGHUYSEN. I did not know whether it had passed or Mr. MORRILL, of Maine. If the Senator will hear me one moment, not; so the day before yesterday I requested the clerk of the com- I have some recollection about this matter as an original proposition. mittee to call on each member of the committee and get his views. Mr. EATON. If my friend will withdraw this amendment and He returned me this written statement : present it as a bill by itself, very well. I would be glad to meet it The Committee on Foreign Relations vote on the proposed extension of the appro. in that shape; bot I think this amendment ought not to be on this pria.tion of t8,000 for the international penitentiary COnj!ress aR follows: bill. Therefore I insist upon the yeas and nays. YEA-Mr. Conkling, Mr. Hamlin, Mr. Cameron, and Mr. Frelinghuysen. Mr. MORRILL, of Maine. Let us understand the original prop- NAY-Yr. McCreery, Mr. Bogy, and .Hr. Eaton. o ition, and then perhaps we shall not divide so wiaely. Governor I presume that that statement is correct, and I certainly am verified. Seymour and two or three gentlemen came before the Committee Mr. BOGY. Is there a majority in favor of itt on Appropriations a year or two ago when this act was passed, and Mr. FRELINGHUYSEN. There is a majority ln favor of it. made the statemept that they were desirous of attending this in- .Mr. BOGY. There is an equal division there now, it seems to me. t.ernational council and asked an appropriation for that purpose. :Mr. FRELINGHUYSEN. No, sir; there are four in favor of it and Whether it was well or ill I do not know; it is hardly worth while three against it. I did not know how it stood before the committee, to go into that now; but an appropriation was ma{}e to enable these and therefore prior to reportin~ it as from the committee I required gentlemen to attend that congress. It was to be in a particular year. the clerk to canvass the committee in this way. It turned out that it did not take place in that year; but one of these Mr. BOGY. I wish the gentleman to understand me. As a ques- gentlemen went abroad for the purpose of making the preliminary tion of fact I do not at all question what he says. There is no mis- arrangements to attend that congress to make it a success. In har- understanding about that. . mony with the provisions of this a{lt, at any rate in harmony with Mr. FRELINGHUYSEN. This is what the clerk has stated. I the general objects of the act, be spent some two or three thousand have no doubt it is correct. It seems to me what money has been dollars of this $8,000, and they- desired to spend the balance of it the expended these gentlemen ought to be repaid, and I think that ina~­ current year in attendance upon that congress. much as Congres8 has given its indorsement to this conference here- The question arose in the State Department on the application of tofore, and this commissioner has been appointed, and the ·conference ·the party who went abroad and made t.his expenditure to be re-im- is to take place, and the public generally think it will accomplish great bursed the expenditure he had made iH taking the preliminary steps good, we ought just to continue the appropriation made last year. for the congress, and the Secretary of State put a strict construction At any rate let us have the vote. upon it and said this $!:3,000 waa really appropriated for the purpose The PRESIDENT pro tempore. The question is on agreeing to the of attending the convention, and this two or three thousand dollars amendment of the Senator from Minnesota, [Mr. WINDOM.] that had been spent in taking the preliminary steps for the conven- Mr. BOGY. The yeas and nays have been demanded. tion could not 1Je paid out of it by him. Therefore he remitted the The -yeas and nays were not ordered. question to Congress for such direction as would enable him to pay The question was put; and there were on a division ayes 21. those expenses. The case is just this : We did appropriate $8,000 to Mr. SARGENT. I must appeal to the friends of this amendment to be expended for that international congress for these gentlemen of withdraw it. We can pass the bill to-night pr-ovided this is not in high character; they have gone on and made the preliminary steps the way. If the yeas and nays are insisted upon, of course the bill for that congress of the past year; but it did not take place. They goes over. We ought not to delay this bill because some geutlemen now want such extension of it as will enable the Secretary of State desire this provision to pass. to pay what they have expended in the preliminary steps and also Mr. FRELINGHUYSEN. · I certainly shall not withdraw it while enable them to spend the balance of it in attendance upon that con- the world stands. gress next year. . Mr. SARGENT. Very well. Then I call for the yeas and nays. About the object itself I take no issue with my honorable niend The yeas and nays were ordered; and being taken, resulted-yeaa from MisSouri, although I should not perhaps characterize it precisely 23, nays 12 ; as follows : as be has done. I think these gentlemen' were very honest and very YEAS-Messrs. Allison, Anthony, :Boutwellt-Clayton, Cono>er, Dorsey, Ferry sincere, and believed they were performing a very high public duty. Frelinghuysen, Hamlin, Harvey, liitchcock, .rngalls, Logan, Maxey Morrill or1 Nobody would question the sincerity of the men. It may be that they Maine, Morrill of Vermont, Paddock, Randolph, Robertson, Spencer, West, Win- dom, and W rigbt-23. · - were misguided, but they did intend, and intend now, that the Gov- NAYS-Messrs. Bayard, Bogy, Caperton, Cockrell, Eaton, Goldthwaite, Gordon, ernment of the United States should be represented in that interna- Key, McCreery, Sargent, Wadleigh, and Withers-12. tional congress. We did give onr consent, and they have spent, as ABSENT-Messrs. Alcorn, Barnum, Booth, Bruce, Burnside, Cameron of Penn- they believed in harmony with this act, some two or three thousand sylvania, Cameron of Wisconsin, Christiancy, Conkling, Cooper, Cragin, Davis, Dawes, Dennis, Edmunds, 1Iamilton, Howe. Johnston, Jones of Florida, Jones of dollars in making the preliminary steps. They desire to spend the Nevada, Kelly, Kernan. McDonald, McMillan, Merrimon, Mitchell, Morton, Nor- rest according to the oLjects and general intent of the act. This wood, Oglesby, Patterson, Ransom, Saulsbury, Sharon, Sherman, Stevenson, Tbur. amendment , therefo-re, is not t{) appropriate money, but it is to allow man, W:ill.a.ce, and Whyte--38. t he payment of money in harmony with the general objects of the The PRESIDENT pro temp01·e. There is not a quorum voting. act, as I tmderstand it. Mr. SARGENT. I move that t he Senate adjourn. · Mr. BOGY. This only shows that this thing should not be done. The mot-ion waa agreed to; aud (at eleven o'clock and ten minutes The information conyeyed to the Senate by the Senator from Maine p. m.) the Senate adjourned. 4286 "· .CONGRESSIONAL RECORD~HOUSE. JuNE 30, HOUSE OF REPRESENTATIVES. The bill (H. R. No. 3809) to provide temporarily for the expendi.. tnres of the Government was read a first and second time. FRIDAY, June 30, 1876. The bill provides that for a period not exceeding ten days from and after the 30th day of June, 1876, unless the regular appropriations The House met at twelve o'clock m. Prayer by the Chaplain, Rev. for such Departments shall have been previously made for the sc.rv• I. L. TOWNSEND. ice of the fiscal year ending the 30th day of June, 1877, it shall be MESSAGE FROM TilE SE:NATE. lawful for any of the Departments of the Government for which ap- A message from the Senate, by Mr. SYMPSON, one of their clerks, an- propriations for the said fiscal year are delayed to nse for the neces- nounced that the Senate insisted upon its amendments to the bill (H. sary service of such Departments any unexpended balance which may R. No. 2676) to regulate the assessment and collection of taxes for the exist of the appropriations made for the service of the fiscal year end- support of the government of the District, and for other purposes, in(J' June 30, 1876. disagreed to by the House of Representatives, agreed to the confer- ifi. RANDALL. It will be remembered that the President's mes- ence asked by the House, and appointed Mr. Em!UNDS, Mr. RoBERT- sage recommended, without limit as to time in case of the approprili- soN, and Mr. EATON the managers of said conference on its part. tion bills failing at the end of the fiscal year to have been adopted It further announced the passage of the following bills, with amend- by both Houses, that the balances should be expended. It will be ments; in which the concurrence of the House was requested: recollected also that yesterday the Senate originated a joint resolu- An act (H. R. No. 1692) to amend an act approved May 8, 1874, in tion providing for somewhat similar action for a period of thirty days. regard to leave of absence of Army officers; The Committee on Appropriations are of opinion that such legislation An act (H. R. No. 1771) to declare forfeited to the United States in the first place should originate here and, •econdly, that ten days certain lands granted to the State of Kansas in aid of the construction will be adequate to bring about an agreement between the two Houses of railroads by act of Congress approved March 3, 1863; on the various appropriation bills unpassed. An act (H. R. No. 2300) granting a pension to Margaret C. Bell; There are four appropriation bills that have passed·both Houses, and there are six in committees of conference, and two remain unacted .An act (H. R. No. 2473) to authorize·claimants upon even-numbered upon by the Senate. The sundry civil bill was reported to the Sen- sections of land wit.hin the twenty-mile limits of the Northern Pa- ate on yesterday. The river and harbor bill ha.s not been reported cific Railroad to make proof and payment for their claims at the ordi- at all to t.he Senate from the Senate committee. nary minimum rate of $1.25 per acre. Last night the committ.ee of conference on the legislative, execu- It further announced the passage of bills of the House of the fol- tive, and jndicialappropriatiou bill failed to agree, and will report the lowing titles, without amendment: fact this morning first to the Senate, and in all probability will re- A bill (H. R. No.ll) granting a pension to Eliza Jane Blumer; port the proposition from the House conferees made to the Senat~ A bill (H. R. No. 590) for the relief of Mrs. Susan E. Rhea., widow conferees, and obtain the.opinion of the Senate as to that proposition. of Dr. J. Burrows Gardiner; . ' In due time, if it should come from the Senate, I will take occasion . A bill (H. R. No.llOO) relative to the redemption of unused stamps ; to speak as to that proposition. A bill (H. R. No. 1204) granting a. pension to Henry H. Wharff, of I y~eld to t.he gentleman from Indiana [Mr. HoLMAN] for a mo- Company<;_ Eighteenth Regiment of Ohio.Volnnteers; . ment. An act (H. R. No. 1337) for the relief of Nelson Tiffany; · MESSAGE FROM TID: SENATE. An act (H. R. No. 159d) granting a pension to William R. Duncan; A meSBa.ge from the Senate, by Mr. SYMPSON, one of their clerks, in- An act (H. R. No.1602) granting a pension to Margaret E. Co~bnn1; formed the Honse that the Senate further insisted upon its amend- An act (H. R. No. 1849) for the relief of Abigail S. Dawney; menta to the bill(H.R.No. 3263) makin~ appropriations for the service An act (H. R. No. 19:19) granting a pension to Sarah Emmons; of the Post-Office Department for.the tiscal year ending June 30, 1877, An act (H. R. No.1944) granting a pension to Niram W. Pratt; and for other purposes, disagreed to by the Honse of Representatives, An act (H. R. No. 2081) granting a pension to William McLay, late agreed to the further conference asked by the House on the disagree- a private in Compa.ny G, Twelfth illinois Infantry Volunteers; ing votes of the two Honse thereon, and had appointed Mr. WEsT, An act (H. R. No. ~162) granting a pension t-o Clara Brosch, mother Mr. IlAMLIN..t and Mr. MAXEY as managei"S of the conference on the of Joseph Brosch, jr., ·late. private in Company H, Twenty-fourth part of the ~enate. Regiment Illinois Infantry Volunteers; An aet (H. R. No. 2289) granting a pension to Jane Bertholf; TEMPORARY PROVISIO:N FOR EXPENDITURES OF THE GOVERl\"'liENT. An act (H. R. No. 2301) granting a pension to Mary B. Hook; Mr. HOLMAN. I wish to say in regard to the bill which is the sub- An act (H. R. No. 2303) granting a pension to Mary S. Greenlee; ject of the message just received from the Senate that the balance to An act (H. R. No. 2310) granting a pension to Emanuel B. Herr; ~he credit of the Post-Office Department is understood to exceed a An act (H. R. No. 2387) to fix the retired pay of Surgeon-General million of dollars, and that, if the billjnst reported by the chairman of Clement A. Finley, retired; . the Committee on Appropriations shall pass both branches of Con- An act (H. R. No. 2586) granting a pension to John L. Bartley; antl gress, so far as that Department is concerned, it will not be in the slight- An act (H. R. No. 2701) granting a pension to Nancy H. Blacknall, est degree embarrassed by the failure to pass the post-office appro- widow of Thomas Y. Blacknall, late private Company L, Seventh priation bill prior to the expiration of the present fiscal year. 1'ennessee Cavalry. Mr. FOSTER. Let me ask the gentleman is he certain there is a It further announced the passage of the following bills; in which million of dollars of unexpended balance to the credit of the Post-Office the concurrence of tho Honse was requested : Department t An act (S. No. 297) fix.ing ·aud limiting expenditure for the erection Mr. HOLMAN. I think I can say with entire certainty that the bal- of the public building at Little Rock, Arkansas; ance to the credit of the Post-Office Department considerably exceeds An act (S. No. 547) for the relief of settlers upon certain lands in a million of dollars. the State of Minnesota; Mr. WILSON, of Iowa. Will the gentleman from Pennsylvania An act (S. No. 735) granting a pension to Martha Irwin, widow of [Mr. RANDALL l tell us whether there are nnexpendoo~alances to the John Irwin; credit of a.U the Departments 7 :...,_ .An act (S. No. 736) granting a pension to Mary M. J. Frank; Mr. RANDALL. The committee considered that question, and An act (S. No. 739) to amend section 5457 of the Revised Statutes understand that the President, before he sent the message to Con- ()f the United States, relating to counterfeiting coin; gress, had consulted the Attorney-General and had made other in- An act (S. No. 71;3) providing for the e1:tension of the time for com- vestigations so far as to know that his recommendation in regard to pleting the survey and location of the Portland, Dalles and Salt Lake making temporary provision for the expenditures of the Government Railroad ; . would relieve the Government from any embarrassment. An a.ct (S. No. 813) granting an increase of pension to Laurence P. Mr. HOLMAN. The gentleman from Pennsylvania [Mr. RANDA.LL] N. Landrum; could add that the joint resolution which came to the House yester- An act (S. No. 830) for the relief of Joseph W. Parish; day from the Senate was a joint resolution simply re-appropriating An act (S. No. 845) for the relief of Joseph"Wilson, of Bourbon the amounts remaining to the credit of the vanous Departments of County, Kentucky ; the Government onder the appropriations for the present fiscal year, An act (S. No. 846) to punish the counterfeiting of trade-mark so that in fact the bill now before the Honse contains substantially goods and the sale or dealing in of counterfeit trade-mark goods; the same provisions that are contained in the joint resolution that . An act (S. No. 882) granting a pension to Stillman E. Dix., of Hamp- came from the Senate. ton, Virginia; Mr. WILSON, of Iowa. Was not the recommendation of the Presi- An act (S. No. 883) granting a pension to William H. Oliver, of dent to continue the present appropriations, instead of giving leave Sweetwater, Tennessee; · to use the unexpended balances Y . An act (S. No. 929) for the relief of .Albert W. Preston; and Mr. RANDALL. That is about the same thing. An act (S. No. 934) to proviue for furnishing certified transcripts of Mr. HOLMAN. It was not for new appropriations. territorial records. Mr. RANDALL. As I understood the ruessa,ge of the President, it APPROVAL OF JOURNAL. was for permission to use the unexpended balances. The Journal of ye&terday was read and approved. Mr. WffiSON, of Iowa. My recollection is that it was a recommend- ation to continue the present appropriations. TEMPORARY PROVISION FOR EXP~TJ>ITURES OF THE GOVERNMENT. Mr. RANDALL. I believe the gentleman is correct in that. Mr. RANDALL. I am instruct.ed by the Committee on Appropriar Mr. WILSON, of Iowa. Then the question comes np, are there un- tions to report a bill t-o provide temporarily for the expenditures of expended balances to the credit of each Department, to which the the Government, and to ask that it be passed. bill now before the Honse Will apply f - 1876. CONGRESSIONAL- R.ECORD.- HOUSE. 4281 Mr. RANDALL. ·we understand that this legislation will remove MARTHA J, COSTON. any embatrassment. Mr. ROBBINS, of Pennsylvania. I a.c:~k unanimous consent tore- :M:r. BUCKNER. Will the gentleman allow me to ask him a ques- port from the Committee on Naval Affairs, for consideration at this tion f time, Senate bill No. 728, for t he relief of Martha ,J. Coston. Mr. RANDALL. Certainly. The bill appropriates 13,000 to Martha J. Coston, in full of all Mr. BUCKNER. I desire to aak the gentleman if, in recommend- claiiDB and demands upon the Government of the United States foJ.l. ing this proposed legislation this morning, it is the intention of the the use of the Coston signal-light. ~ Committee on Appropriations to back down from its position f Mr. HOLMAN. Before raising any question as to the propriety of Mr. RANDALL. Far from it; to my mind it is in just the-oppo- considering this bill at this time and reserving all objections, I would site direction. While we do not wish to embarrass the Government, be glad if the gentleman from Pennsylvania [Mr. ROBBINS] will for one, so far as I am concerned, I propose in my official position here have the report of the committe-e read. as a. member of the House to resist to the every utmost unnecessary Mr. ROBBINS, of Pennsylvania. I have here the report of th6 appropriation or extravagant expenditure. Senate committee on this bill, and I send it to the Cieri's desk to be .Mr. LUTTRELL. Yon mean to stand by reduction. read·. Mr. RANDALL. I do. The CI~rk read the following -report of the Committee on N~val Mr. LUTTRELL. That is right; retrenchment and reform. Affairs of the Senate : • Mr. RANDALL. I now call the previous question. · This claim was considered by the House· Committee on Naval Affairs the la.~t The previous question was seconded and the main question ordered; Congress, and a bill reported for relief of petitioner, accompanied by report No. and under the operation thereof the bill was ordered to be en~ro~~ed 334, which is referred to as em bracing a statement of the facts in the case before us. and read a. third time; and being engrossed, it was accordingly read Mrs. Coston is the widow of Benjamin F. Coston, the inventor of the telegta:phid her husoand 1s death, and which was adopted and has been used by our naval and night-si~nals which bear his name, an invention and system perfected by her sm.ce the third time, and passed. · . Mr. RANDALL moved to reconsider the vote by which the bill was life-saving service for many years. passed ; and also moved that the motion to reconsider be laid on the In 1859 these signals were tested, and at the commencement of the war the De- table. partment made a proposition to the petitioner to sell to the Government the right to manufacture t.liese signals for the use of the Navy, and an appropriation for the Tha latter motion was agreed to. purpose was passed, wbic.h she accepted. The officers of the Government found it ADDITIONAL LAND DISTRICT IN IDAHO. difficult (if not impossible) to manufacture them to adva.nta"e, and .the Sacretary of the Navy requested Mrs. · Coston to undertake their manu¥a.o ture for the Navy; Mr. FENN, by unanimous consent, introduced a bill (H. R. No. and the price per set of twelve pieces was agreed upon at 14.50. This was in the 3810) to create an additional land district in the Territory of Idaho; 11pring of 1861 ; the signals were delivered, and the price named was paid. The which was read a first and second time, referred to the Committee on petitioner urged at that time. and now claims, that by reason of the increased cost of labor and materials sbe waa entitled to, and shou1d have received, an advance Public Lands, and ordered to be printed. over and above tbe price stipulated. To this complaint, however, the Department REDUCTION OF INDI..L~ RESERVATIONS IN IDAHO. would not listen, as the price had been fixed by agreement; and it is believed by the committee that she continued in the business of supplying theae signals to the Mr. FENN also, by unanimous consent, introduced a bill (H. R. No. Government almost, if not quite, without profit. · 3811) to provide for the reduction of the area of the Nez Perc6s and By law it was provided t.ho.t on contracts made previous to its passage the taxes and duties subsequently imposed should be paid by the purchaser, and when tho Fort Hall Indian reservations, in the Territory of Idaho; which was petitioner endeavored to obtain the amount of taxes from the Navy Departmen) read a first and second time, referred to the Committee on Indian she was met with the suggestion that no writren agreement could be found coR- Afl"airs, and ordered to be printed. tracting with her at the price named, therefore the law was not applicable to "her case. Near the close of the war the Department increased tho price of her sigRals MISSIONARY STATIONS ON INDIAN RESERVA.Tlf)NS. to $6 per set, thus acknowled~ng the justice of her demand, but there were very few delivered after this perioa, and the increase did not covsr those already fu,r- Mr. FENN also, by unanimous consent, introduced a bill (H. R. No. nished. Subsequent to the time of entering into the agreement referred to tueA 3812) to provide for the occupancy of missionary stations upon Indian on manufacturer' a sales were imposed and had to be paid by the petitioner; ad. reservations; which was read a first and second time, referred to the ditional duties were also levied on BOme of the articles enterin~ into these signals, Committee on Indian Affairs, and ordered to be printed. the prices for labor almost doubled, and the chemicals used increased in cost from 50 to 75 per cent., a.ud the certificates given her in payment were sold at a discount; SETTLERS UPON UNSURVEYED LANDS. The following letter from Rear-Admiral Smith is made a part of this nlport: W .AS~GTON, July 1, 1865. Mr. FENN also, by unanimous consent, introduced a bill (H. R. No. SIR: In regard to the reference from yon to me of Mrs. M. J. Coston's letter to 3813) to protect bonafide settlers upon unsurveyed public lands in the yon of June 28 last, touching compensation to her for the Coston signals; I beg Territory of Idaho; which was read a first and second time, referred leave to 11ay that the arrangement for employing those signals was made in the Bu- to the Committee on Public Landa, and ordered to be pri~ted. reau of Detail in the 11pring of 1861, then in charge of Commodore Paulding; the price was agreed upon, as wtlll as I remember, at $-1.50 per set of twelve pieces. ORDER OF BUSINESS. The signals were ful'nished as required, anti paid for at that price. . 1\Ir. RUSK. I ask unanimous consent to make at this time sundry The wa.r greatly increased the cost of the 'materials, and con!!tlquently Mrs. Cos; ton petitioned for an increase of price on that before the war agreed upon. This reports from the Committee on Invalid Pensions, for reference to the wa..ONA VIN. The bill (H. R. No. 3699} to increase the pension of Mrs. Louisa Mr. BOONE. I desire to state that Colonel Shaffer is in default, Kearney, widow of Lieutenant-Colonel James Kearney, corps of Topo- not having made his appearance before the committee. I therefore graphical Engineers, United States Army; send to the Clerk's desk a resolution for the adoption of the House. The petition of Martha. Somerville, of Davidson County, Tennessee; The Clerk read as follows: and Whereas William F. Shaffer wa~. on the lOth day of .June, instant, duly sum- The petition of Anna Brasil, widow of David Brasil, sergeant in the moned to appear and testifv before a standing committee of this House on the ex- revolutionary war. penditures in the Interior Department, and has without sufficient cause neglected JA.MES O. ROBERTSON. to appear before said committee pursuant to said summons: Therefore, ReiSolved, That the Speaker issue his warrant directed to the Sergeant-at-Arms, Mr. SEELYE, by unanimous consent, from the Committee on In- commanding him to take into custody the body of the said William F. Shaffer dian Affairs, reported back, with 1\ favorable recommendation, the wherever to be found, and to have the same fo£thwith brought before the bar of bill (H. R. No. 3210) for the relief of James 0. Robertson, esq.; and the House, to answer for contempt of the authority of the House in thus failing to the same was referred to the Committee of the Whole on the Private appear before said committee. Calendar. Mr. BOONE. I desire to state that there is a matter before the F. PROSH AND T. F. M1ELROY. Committee on Expenditures in the Interior Department which is a Mr. GUNTER, by unanimous consent, from the Committee on Pri- maUer of importance, and the evidence of Mr. Shafier in relation vate Land Claims, reported back House bill No. 3617,forthe relief of thereto we deem material and important. The commit-tee are of F. Prosh and T. F. McElroy, of Washington Territory ; and moved opinion that he does not desire to appear. I demand the previous that the committee be discharged from its further consideration and question on the adoption of the resolut.ion. that it be referred to the Committee of Claims. The previous question was seconded and the mnin question ordered; The motion was agreed to. and under the operation thereof the resolution was adopted. Mr. BOONE moved to reconsider the vote by which the resolut-i on MARION WILLSAPS. was adopted; and also moved that the motion to reconsider be laid on :Mr. GUNTER, by unanimous consent, introduced a bill (H. R. No. the table. 3828) for the relief of Marion Willsaps; which was read a first lind The latter motion was agreed to. second time, referred to the Committee on Invalid Pensions, and or- NEW MADRID LOCATIONS IN MISSOURI. dered to be printed. STEPHEN POWERS. Mr. BUCKNER. I ask unanimous consent to have put upon its passage at this time the bill (H. R. No. 100) granting legal titles to Mr. McCRARY, by una.ni:rn_ous consent, from the Committee on the all New .Madrid locations in the State of Missouri for which patents Judiciary, reported back, with a favorable re_commendation, House bill have not heretofore been issued. No. 3332, for the relief of Stephen Powers; which was referred to the Mr. HOLM.AN. Let the bill be reported. Committee of the Whole on the Private Calendar, and the accom- The bill was read. panying report ordered to be printed. Mr. HOLMAN. I reserve the question of consideration on this bill UNITED STATES PRISOY.ERS. until the gentleman from Missouri has made his statement in expla- nation of it. Mr. McCRARY. I am directed by the Committee on the Judiciary Mr. BlJCKNER. I hold in my hand a favorable report on this bill to report ~ack, with an amendment, Senate bill No. 435, to amend sec- by the Committee on Private Land Claims. tion 5546 of the Revised Statutes of the United States providing for The t5PEAKER pro tempo're. The Chair is informed by the Clerk imprisonment and transfer of United States prisoners, and to ask that that the bill is now in Committee of the Whole on the state of the the bill be now considered and passed. Union. The bill provides that section 5546 of the Revised Statutes of the Mr. BUCKNER. I shall ask to have the Committee of the Whole United States shall be ameudecl to read as follows: discharged from its further considerat ion. SEc. 5546. All persons who have been, or who mny hereafter be, convicted of crime by any court of the United States, whose punishment is imprisonment in a The object of this bill is merely to oonvey the legal title to these district or Territory where, at the time of conviction, or at any time during the Janus to the parties who have :m equitable title to them. This is term of imprisonment, ther e may be no peuitentiary or jail suitable for the c.on- necessary in consequence of the decision of the Supreme Court of the fin ement of convicts or available ther efor, shall be confined during the te1m for United States that the statute of limitations in any State does not whic11 they ba.ve been or may be sentenced, or during there idue of said term, in some suitable jail or penitentiary in a convenient State or 'l'erritory, to be desig- begin to run in favor of a. party claiming under a title unless he has nat-ed by the Attorney-General, and shall be transported and delivered to the ward- a patented title. That is the object of the bill. It does not convey en or k eeper of such ,iail or penitentiary by the mar hal of the dishict or Tenitory a foot of land. The Government has conveyetl the title long a!To where the conviction has occurred; and , if the conviction be bad in tho Di strict of and the object of the bill is to give the legal title to these New M~u~ Columbia, the tran portation and delivery shall be by the warden of the jail of tltat District ; the re.1sonable actual expense of tran sportation. nece ary subsisten ce, rid holders. As the law now is, under the decision of the Supreme and hire and transportation of guards and the marshal, or the warden of thejaiJ in Court a party may be in possession fifty years under one of these the District of Columbia only to uepaid by the Attorney-General out of the jutllciarv New Madrid location titles and yet cannot avail himself of the stat- fund. Bn t if, in the opinion of the A ttorne:v-General, the expense of tramportation ute of limitations. from any State, Territory, or the District of Columbia, in '\Thich there is no peuiten- tiary, will exceed the cost of maintaining them in jail in the State, Territory, or the Mr. HOL~. Will the gentleman state why the patent does not District of ColumbL.1., during the period of their sentence, then it shall be lawful so to issue t confine them therein for the period de ignated in their respective sentences. And Mr. BUCKNER. That may be explained in this way: The certifi- such chango may be ordered in any case when, in the opinion of the Attorney-Gen- cates issued under the act of Congress are regarded as good, legal eral it is necessary for the preset-vation of the health of the prisoner, or when , in his opinion, the pla-co of confinement is not sufficient to seouro the custody of the pris- ~itles, and hence_t~ese parties make no e.fl'ort to get patents. Rely- oner, or because of cruel or improper treatment: Provided, howevi'T, That no chancre mg upon the deCisiOns of our courts, they regard them as legal titles; shall be made in the case of any prisoner on the ground of the unhealthin ess of the and patents are never issued except on the application of the parties prison, of because of his treatment, after his conviction and during his term of im- interested. The whole object of this bill is merely in the interest of pri onment, unless such change shall be applied for by snch prisoner, or some one m his behalf. peace, to stop litigation. There is nothing else in it, and I hope gen- tlemen will make no objection to it. The amendment reported from the Committee on the Judiciary was Mr. CONGER. I ask that the bill may be reported again. to strike out the words "such change" before the words "may be Mr. HOLMAN. What extent of land is affected by this bill f ordered in any case," and to insert in lieu the words "the place of Objection was made to the present consideration of tho bill. imprisonment;" also in the same line to strike out the word "ordered" The SPEAKER pro tempare. Objection being made, the bill is not aud to insert the word" changed;" so that it will read: ''and the before the House. place of imprisonment may be changed in any case when, in the opin- GEORGE GROVE. IOn of the Attorney-General," &c. Mr. RAINEY, by unanimous consent, from the Committee on Inva- Mr. LORD. Is it in order to pass bills now against the unfinished lid P ensions, reported back, with a favorable recommendation, the business of yesterday, whi~ bas precedence this morning f bill (H. R. No. 3461) granting a pension to George Grove; and the The SPEAKER pm ternpoTe. Only by unanimous consent. same was referred to the Committee of the Whole on the Private Cal- 1\lr. McCRARY. This bill has bean rend, and it will take but a enuar, anu the accompanying report ordered t o be printer!. moment more to pass it~ Mr. LORD. I desire to give notjce that I shall object to any other SA..LE OF DESERT LANDS IN CA.LIFOR..~. bill or any ot.h er business except bills for reference. 1\fr. LANE. I am instructed by the Committee on Public Lands to The amendment reported from the Committee on the J udicinry was 1·eport, wi th amendments, the bill (H. R. No. 125) to provide for the agreed to. sale of desert lands in Modoc and Siskiyou Counties, in California The bpl, .~~ amended, wa-s then read a third time, and passed. 1 IV-269 4290 CONGRESSIONAL RECORD-HOUSE. JUNE 30, Mr. McCRARY moved to reconsider the vote by which the bill was soe-yer, ca;me the ~errible news t~~t Great Britain had recognized passed ; and also moved that the motion to reconsider be laid on the ~heir belli"~rent rights-a recogmtwn unexpected, unauthorized, un- table. JUst., and wicked, made for the purpose of humiliating if not destroy- The latter motion was agreed to. ing us. S:1.ys Revenly Johnson in his dispatch to Mr. Seward: ORDER OF BUSINESS. The history ?f the wo!ld furnishes no insta~ce. of so speedy a recognition in the case of revolutiona.r.v efforts to subvert an existing government. At the time it Mr. GOODIN. I desil·e to make a parliament:try inquiry of the was made the insurgents had no port within whicli to build a. ship of war larg-e or Chair. small, or the power to get her out i£ she was built. Nor had they anyport to which The SPEAKER pro tempore. The Chair will hear the gentleman. ~ey _could carry any ~hlp that they might capture as prize of war for condemna. tion m a. court of a.dmrralty. Mr. GOODIN. What is the regular order for this hour! The SPEAKER pro tempore. The regular order is the unfinished The proclamation granting these rights was issued just before our business at the adjournment of yesterday's session: the Geneva award minister, Mr. Adams, had been received by the British government. b~ . At his first interview he s'\id: Mr. GOOD~. To-day being Friday, does not the consideration of . I m~st be permitted t() express ~e gre~t regret I had .felt on learning the decis. the Private Calendar take precedence f ton to 1asue the Queen's proclamation, which at once ra1sed the insurO'ents to the level of a bellijrerent state. * * * It pronou.nced the insurgents io...be n. b llig- The SPEAKER pro ternpore. In the order made for the consider- erent state before they had ever shown their capacity to maintain anv kind of war- ation of the Geneva award bill no exception was made in regard to fa~ ~hateve~. * *. * It con •idered them a maritime power hefore 'they had ev r private-bill day; it is a continuing order, for Friday as well as for exbtb1too a smgle p'rlvateeron the ocean.- Correspondence co?lcerning claims against any other day. fhpat Britain, volume 1, pages 183, 184. Soon after it was known m W asbington, our Government wrote to Mr. Adams : Mr. LORD. I desire to state that after the gentleman from Maine "The whole American people, so far as they are American , are shocked ofitmded [Mr. FRYE] shall have concluded his remru:ks (he being compelled and disgusted with declarations ef neutrality by the British governmm:{t.''-Ibid.', to leave the Hall this morning) I will not antagonize a motion to go page202. · into Committee of the Whole on the Private Calendar. What wM the result! In June, 1861, the Sumter escaped from the :Mississippi, and destroyed the ship Golden Rocket the 3d of J nly. She CLERK OF REAL-ESTATE-POOL COMMITTEE. was insured. The underwriters refused to pay, and the courts sus- Mr. POWELL, from the Committee of Accounts reported the fol- tained the refusal. In October following the Na hville escaped. At lowing resolution ; which was read, considered, and adopted: this time our ships were in every sea, in all the ports of the world, Resolved, That the Select Committee on Investigation of the Real-Estate Pool freighted with the productions of every country, bearing the fortunes and Jay Cooke & Co.'s Indebtedness be, and they are hereby, allowed to retain the of thousBnds of our citizens. The intense alarm of our merchants and services of a clerk from the day of last appointment to the 15th day of July, 1876. ship-owners can at this late dav hardly be realized. The hawk Mr. POWELL moved to reconsider the vote by which the resolu- hovers over the chickens, and the'hen gathers them under her wing. tion was adopted; and also moved that the motion to reconsider be Whither could our scattered ships :flee for protection! The wing of laid on the table. the Government was powerless to cover them. But how fared the e The latter motion was agreed to. cruisers! They were at once welcomed in every British port; their CLERK OF POST-OFFICE COMMITTEE. officers feted, their sailors maplies or arms, or the recruitment of men. Fourth. That during the whole courBe of the strupondence respect·i.ng the Geneua otherwise, would be fully indemnified. Then to right the wrongs of Arbitration, page 63. . cit.izens nothing more was required. But Mr. Sumner insisted that inIt is not for their interest to exaggerate the responsibilities of neutrals, but only the sense of their action in this respect throughout their whole national life-time while it did amply secure the citizen it failed entirely in repairing to restrain the :fi.eltl of arms and enlarge that of peace.-Argumen.t of Counsel. at the national wrongs. It opened no door for any claim for prolong~ng Ge·neva, Papers, ~c., volume 3, page 2~. the war, for money expended in the pursuit of cruisers, for driving " * * It is not the inwrest of a country situate as are the United States, with our commerce from the seas, for damages to the nation of in:fini tely their large extent. of sea·coast, a small Navy, and :t smaller internal police, to have it greater ·importance than the destruction of private property by con- established that a nation isliaule in damages, &c. * * * This Government ex- to be in the future, as it has been in tbe past, a neutral much more of the time federate cruisers. For such reasons the Senate refused to ratify this pects than a belligerent. treaty, and the ample remedies it a:fi"orded for our citizens were lost, HAMILTON FISH. but the reasons for the rejection impressed our people and they -Papers, ~c., volume 2, page 476. acquiesced. We gave no release; our purpose continued firm and unalterable to demand and to receive from Great Britain redress. The United States have had occasion to look practically on both sides of the ques- The President, in December, 1870, calls the att.ention of Congress to tion, and therefore sOmetimes t~ assert neutral duties, while more generally assert· the matter, in his message, as follows: ing neutral rights and the policy of peace, to such extent and ungligence, or ditl or permitted any act during the war by which Again Mr. Schenck says: . tho United States has just cause of complaint. Our firm and unalterable convic- I think the principle declared in this artirle for future observance between the tions are directly the reverse. I therefore recommend to Conl\ress to authorize the two nations is one which, if settled and maintained, must be of inestimable ad- appointment of a commission to take proof of the amount anu ownership of these vant-age to the United States. With our chances of being generally neutral, when several claims on notice to the representatives of Her M9Jesty at Washinrrton, and Great Britain and the other European states are belligerent, the benefits of the tlutt authority be given for the settlement of these claims by the Unitefi States, so rule are to be principally and oftenest ours. Our continental position. our extended that tho Government shall have the ownership of the private claims, as well as the sea-coast, our numerous ports, t·h e enterprising character of our citizens, and the re~ponsible control of all the demands against Great B1itain. difficulty of restraining their spirit of aclventure, surely make the rule that It cannot be necessary to add that, whenever Her Majesty's government shall en- would thus be establisheid trraty, t.be tribunal declares that "all the claims ref rred wars to come between other nations, we, being neutraY, should reap the to in the treaty as submitted to the tribunal are hereby fully, perfe..tly, and finally ad van tage. The gain to us in all tills was immense, hardly to be cal- setUed.''-Decilfim and Award Papers, etc., volume 4, page 53. culat.ed in money. What we had 1 st, or what we had paid for these Now, sir, the conclusion seems to me inevitable that tl1is money paid advantages, I will come to by and by. Thus the obstacles having over by Great Britain i!i to be disposed to sufferers on the seas, in the been removed, the great trial was proceeded with, proofs were pre- discretion qf Congress. That the Forty-third Congress adoptec.l this sented, arguments heard, and finally this judgment entered up : view is clearly apparent from the provision's made for insurance com- The tribunal, by a m~jority of four votes to one, awards to the United States the panies. The bill allows them t.o receive their net losses can eel by all sum of $15,500,000 in gold, as the indemnity to be paid by Great Britain totbe United confederate cruisers. There is no limitation to the three named by States for the satisfaction of aU t.be claims referred to the decision of the tribunal. the tribunal, the .Alabama, the Florida, and the Shenandoah after Precedent to this ftnding, the nation for its own benefit gave up the Melbourne. If the strict constructionist is right, then Congre s has claim for premature recognition of belligerent rights, insisted npon already violated the terms of the award as much as it would have and finally compelled the adoption of the three rules, under which done if it had actually made the distribution our act, under considera- the tril.mn'al held that proof of negligence was actual notice to the tion, provides for. So, too, the court created by that bill has shown offending government, not knowledge of the people, not notoriety, its entire independence of the tribunal; for it has already gi veu j udg- not constructive notice, and enabled England to escape from dam· ment in cases where the names of the claimants, the claimfl, the names }lges caused by all the other crnisers except the .Alabama, the Fl?r- of the ships destroyed were never suggested to or heard of by the /ida, and the Shenandoah after Melbourne. Our Government for 1ts arbitrators. If we are to be bound strict,Iy by the tribunal, if the own benefit consented to the preliminary finding of the arbitrators, Government was the agent of claimants, their attorney, by what right thus excluding from their further consideration the national claims does it provide for any claimant whatsoever who did not plead eo and the increased premiums of insuranco as indirect. Clearly she nomine in that august court f Sir, the conclusions are inevitable. had a right to barter her own claims for benefits to herself, and the England recklessly a.nd wickedly did us a grievous wron~. Our citi- exchauge was pecuniarily satisfactory, for she received more than a zens, outraged, damaged, thousands of them ruined, wtthout legal quid pro quo. But did she deliberately sacrifice the claims of her redress, without power to compel England to right their wrongs, ap- suftering citizens to the same end without any purpose of compensa- pealed to their Government. The nation as such appeared before a tion to them f · Had she a moral right to do so f .Allow me to quote tribunal ngreed upon as plaintift" against Great Britain as defendant, from the able report of the Judiciary Committee of the Forty-third urged uationaland individual claims; for their own advantage yielded Congress: the greater portion of their claim, prosecuted the balance to final Having for its own interest withdraWn from the arbitrators the " cause and only judgment, recovered 15,500,000, has already paid out about eight cause of the evil," thus leaving the tribunal without evidence of that liability of millions to sufferers, and uow holds the balance to be distributed, in En~ land which the United States bad over and over again in every diplomatic form inslSted upon, is not the United States estopped from denying reparation to its citi- the discretion of Congress, to ot,her sufferers. zens. based upon the finding of a tribunal t~ which, for ita own purposes, it would .And here allow me to place in the scales the admirable opinion of nots'ubmit the evidence Y Indeed, by so doing, did not our Go"\"ernment assume this the court in Williams vs. The United States: cla::~s of losses of its citizens '# -Report House Rtpresentatives Jud,ciary Committee, Let not the proper attitude of the claimant to the fund for di tribution be mis- page7. untlerstooll. Whatever his loss may have been, be bad not the power to oht.ain I submit, sir, that it ·appears conclusively our country had no such c~mpensation from Great Britain by his own act. Her army anll navy woultl have unjust purpose. On the contrary, it deliberately and carefully pro- proved uncomfortable obstacleii in his way to her treasury. Just here the Go,·ern- ment of the United States took up his case, and b.v the exercise of its powers as a vided for such contingency. sovereign, after years of patient labor, by tho highest skill in diplomacy, without This letter of instructions shows it: the lo !I of blqod or treasure, obtained the wholo amount due for the depredations DEPARTMENT OF STATE, complruncd of, thus achieving a triumph which may, in the progress of cnrilization, WOssible, be for a gross sum. Why these instructions, why thisanxietyf l)ecause they loved the flag of their country. Why so cover it into Clearly assessors would have relieved the Government and the Con- the Treasury t Because the war was prolonged, the cost increased, gress from all care and responsibility in the premises; why then seek large sums expended in destroying cruisers for the purpose of pro- to avoid an assessment aR provided for in the treaty f There can be tecting our commerce. To be sure, But the Government deliberately but one answer. Our Government, having for its own good sac- bargained all this and received for it an immense price-ample, com- rificed certain claims of its citizens, held itself morally responsible to plete satisfaction. Who questions its rirrht to do as it please with those citizens, and, that it might distribute this award equitably to its own f But, haviug thus disposed of it, stan it wickedly stealit back real sufferers, insisted upon a. sum in gross and upon its right to dis- from its citizens who as such helped pay it, and thus not only refuse pose of it without any limitation. them protection and redress, but take from them the pittance tl1e Is there anything in the amount of the award, in the manner of mercy of Great Britain awarded them f The proposition is too mon- arriving at it, antagonistic to this view f Can any man tell upon strous to argue, too outrageous t.o consider, too absurc.l to di ens . what figures it was based f Now, sir, the gentleman from Massachusetts [Mr. PAYNE] who bas .Again allow me to cite authorities: just closed expresses a very tender regard for Great Britain-inti- .It does not appear in the prorocols how the arbitrators arrived at this amount. mates that she should be consulted as to the disposition of this fund . I am informed that it ~as reached by mutual concessions. The neutJ.·al arbitrators Sir, she haa no lot in it, no right to express an opinion in relation to • 1876. CONGRESSIONAL RECORD-HOUSE. 4293 it. It is a judgment the United States recovered against her for Shenandoah after Melbourne f I have already cited the three rules wrong done. Let her be forever silent. The history J have given relating to negligence-rules urged, insisted upon by the United shows that the only act of hers toward us for the last fifteen years States-rules the adoption of which would be of inestimable value to for which sh~ should not blush with shame was that one of apology us in the future when we should be the neutral nation. We suc- for her wrong, of submission to the tribunal at Geneva, and of pay- ceeded in obtaining their adoption, and under them we insisted, aud ment of the award. the tribunal undoubtedly held the only proof of negligence to be of- Mr. Speaker, time will not permit me to argue the question of the ficial notice to the offending nation and a refu::~al to act upon it. Only· power of the Government over the $15,500,000. If the able and ex- by such a construction could the liability of England have been lim- haustive arguments of the gentleman from Pennsylvania, [Mr. JENKS,] ited as it was and this line so sharply defined. Who can estimate from New York, [Mr. LORD,] and from Iowa [Mr. McCRARY] do not the value to us of these rules and this construction f Let war be convince this Honse that the Congress of the United States may dis- declared between England and France, the United States being a tribute t,be fund in its discretion, governed only by justice and equity, neutral power, with ship-yards all alon~ our immense seaboard, up then no words of mine could. Your committee who made the report and down our mighty rivers, with our tnousands and tens of thou- now under consideration, after careful and patient examination, sands of ports and harbors, with our skilled mechanics and adven- agreed, without hesitation, without doubt, upon this propo!)ition as turous sailors, our whole people incited by the memories of the pa.st the basis of their bill. They only departed from it when they ad- and the hopes of the future, how many cruisers would plow the seas mitted the insurance companies to a participation in the distribu- in sixty days of whvse existence our Government had received no tion. The gentleman from P~nnsylvania [Mr. JE~'XS] has entered a official notice and for whose acts we could not be held liable f motion to strike out that clause. f sincerely hope the House will To gain this immense advantage the claims of our citizens for losses strike it out. sustained by the depredations of the so-called ''exculpated" cruisers The bill under consideration provides, first, for those who were were O.eliberately surrendered, settled in full and forever. Now, sir, damaged by cruisers other than the so-caUed inculpated-the Ala- can it be said, honestly, fa,irly, that our nation in justice and equity bama, the Florida, the Shenandof:lh after Melbourne. bas no obligation remaining to these sufferers f EXCULPATED CRUISEHS. The next cla-ss provided for is those who paid Whence comes this distinction between '' inculpated" and " excul- WAR PREIDUli!S, pated" cruisers t It is certainly, in fact, a distinction without a dif- Who are the so-called war-premium men, and what are their rights ference. in this award f As I said, over one-third of our oc~n tonnage sought Take the Shenandoah as an illustration. She was built, armed, the protection of the British flag, and by so doing was insured safety and equipped in England; her officers and crew shipped there, largely and profit. The remainder continued under our flag, exposed to dan- made up of the very men England saved from the sinking Alabama. ger and without profit. There were British cruisers crossing every Her preparations for sea were well known, her purposes well under- path, and every day a scuttied ship gave warning. I say without stood. She put to sea; at once commenced her depredations upon our profit. It is claimed by insurance attorneys that their voyages were commerce; finally went into Melbourne to coal. The United States successful; that this was the inducement which kept them under the con ul protested against her rendering assistance; furnished evidence flag. The proposition is absmd. It is claimed by the same attorneys of her character to the British authorities; but his protests were of that the war premiums pnid by them were charged against their no avail. .Again she sailed, burning ship after ship. The tribunal freights, and tben by the merchants against the consumers of the bolUs England liable for all damages done by her after leaving Mel- merchandise. This is equally a.bsurd. They had to contend with uourne, harmless for a,Jl caused before. Just prior to her arrival at that great leveler of prices, competition. If the merchant paid for Melbourne she burned a rnion ship, took the captain, his wife, the goods freighted in the American bottom 5 per cent. war risk, his other officers and men, into tLat port. Are the owners of that ship, is nei~hbor, shipping his goods in the British ship, was not subjected t.bat capt.:'l.in, and are those sailors· any less entitled to recompen~e ta this ~xpense, and the merchandise of both sought the same market. than those of the ship burned two days after she left that port V How, then, could the first mark up his increased cost of transporta- Whence cometh the djstinction t Before she arrived at Melbourne tion f she burned the ship of Mr. Metcalf, a worthy constituent of the gen- The ship-owner affords a more mm·ked illustration of the point. tleman from Ohio, who, hearing of the destruction, and that the Shen- Suppose two ships, lying side by side at the wharf of the foreign port, andoah had gone to England, started at once for the purpose of libel- the one nuder the American flag, the other nuder the British. The ing her. At New York he received notice that she had been turned owners of the American pJ.y, first, a war premium on their shio, bnt over to the United States, sold, and the proceeds, more than sufficient some one must also pay it on the cargo. Who does that t N(jt the to pay his entire loss, covered into the United States Treasury. Of owner of it, because be can just as well send it hy the vessel sailing course, if there had been any remedy in the propo eel libels, this ac- under the British flag, where no such charge would be necessary. So tion of the Government had taken it away, and Mr. .Metcu!f returned the owners of this ship must also pay the extra premium ou the cargo. home. For three years now he has been in constant attendance at Then do they offer equal inducements to the shipper f Certainly not, this Capitol, seeking reparation. His whole fortune wrested from for there is in the first ship the risk of detention, of part.ial loss, of him by this British cruiser, her wrong admitted, her piratical cruise failure of underwriter, of litigation for money in event of loss. Then, stopped, herself sold because of her crime against this American cit- to secure the freight, the poor ship-owner is obliged to offer lower izen, the purchase-money now in our Treasury, with millions added freight charges. Can any reply be made to this t 'Vh.a t was the re- to it by the judgment of a court, and he still asking for bread andre- sult f The most of these vessels sailing under onr flag were run ceiving a st.one. And yet the gentleman from Ohio declares it to be ""ithout profit, many of them at great los . Bnt, says somo_skeptic, his deliberate opinion that the United States, which certainly owed "Why in the name of common sent:!e did they sail at all f Why to her citizen protection, failed to render jt, shall now hold on to every did not they all take safety and profit under a foreign flag'" My do1lar she has so received, and his outr9~ed constituent remain with- answer is that thousands of those men loved the old tlag too weil to out remedy, becau e the Shenandoah, when this burning took place, desert it; bated the English ensign too profoundly to seek safety un- had not coaled at Melbourne, but had, to be sure, in other English uer it. Does not the history I have gh·eu of British wrong towanl ports ; in fact, had never turned her prow into a confederate port us in our terrible contlict for national life justify the hatred t Again, during the whole of her piratical career! our ships were confined to the coarsest, cheapest, and heaviest freights . .Again, sir, take the Georgia, another "exculpated" crniser. She, No American ship lying at Canton or Pekin could take silk or tea. too, was lmilt, armed, provisioned and equipped, officerefl and manned, The war premium would be three times the freight money. So at Cal- in an English port. All of her crew bnt two were Englishmen. She cutta and many other ports. never saw a confederate port., nor sailed within the shore-line of those Agn.in, the relations between ship and owner are frequently full of States. All of her preparations for sea, her purposes in sailing, were sentiment. Every gentleman knows what an affection sometimes notorious. Our minister, Mr. Auams, had all the information for a grows up for the horse, the house, the farm, for the things used uutil · week before she sailed, and yet the tribunal held England ha.rrnless they become a part of the family. This is peculiarly true of the in respect to the damag~s she caused, and gentlemen on this floor can ship. .A father and his sons have built her; have put in her the earu- see no rel!son in law, equity, justice, or good con~;;cience why our Gov- ings of their lives; have watched her lmiluing from the laying of her ernment should seek to repair the wrongs the Georgia committed upon keel to the day of her marriage to the ocean; have named her for the her inoffending citizens-loyal subjects,everydaypaying heavy requi- wife or sister; have sailed the world over in her, in calm and in tem- sitions for the protection of that very country, owing it to them and pest, in beat and in cold. She is their ship and they love her as one of fniling utterly to afford it. The log-books of nearly all these cruisers their own. Would they, loving t.heir country, hating its enemies, woultl be only a repetition of the same story. \Vl10 questions the lower the good old flag and hoist in its place the emblem of injustice liability of Great Britain for a1l the damages do!!e by all these cruisers and wrong f Again, it is a very common thing for a whole neighbor- under the stipulations of the Clarendon-Johnson treaty f Now when hood to own a ship. The captain, the carpenter, the blacksmith, tbe that treaty was rejected only for advantages our Government would lumberman, the iron merchant, each takes his share in her; she is the receive; when we deliberately, for ample compensation, relieved parish ship, owned, loved, and the pride of them all. Shall she he England from this class of claims, is not it a monstrous doctrine th: t solcl to the foreigner or sail under any other than the Stars aod our nation, who in tho honr of her peril e:xaeted from her citizens Stripes T They would let her rot at the wharf first. Again, then, such terrible sacrifices, shall now, when her life has been purchased. were men, hip-owners and merchants, so loyal to the country in her with their treasure and their blood, thus coldly, selfishly, and wick- hour of peril, in her day of dire distress, that no loss of mere money edly profit, at tbeir fnrther exp nse f could drive them to any seeming desertion of her. These were the Aguiu, ldir, how did the tli.lmnal draw so sharp a line, holding En- men who kept our flag at the peak thronghont the whole war. These gbud liable alone for the acts of the Alabama, the Florida, ami. the are the men who saved to the country her commerce. To them you 4294 CONGRESSIONAL RECORD-HOUSE. JUNE 30, owe the million and a half of ocean tonnage you held when the war Government held these claims alone, appeared before the tribnnal, was over, a debt of gratituue you ought to cheerfully ackuowled~e. and presented their case. England answers, what are tlJe lo es of Some of these ship-owners were their own insurers, and occasionally your clients for which you enter complaint Y 0, there are no los e ·! the Alabama, the Florida, or the Shenandoah after .Melboume swooped When you recognized belligerent rights so hastily, created such wide- down upon the ships and destroyed them. spread consternation, these companies at once took advantage of tbe After a dozen years of weary waitillg, the last Congress provided fears of our citizen , adjusted the rates of in nrance so as to make tbo for the payment of such loss, and to-day the United States Treasurer operation a perfectly safe one, made millions of dollars, and heaped is issuing to them warrants for that purpose. But the Tallahassee, up wealth at the rate of 25, :30, and 40 per cent. annually. Tho :feply Georgia, and cruisers called exculpated, equally British ships, manned of England would surely be: We have done these companies no harm by British sailors, inspired by British hatred for their riva,J on the sea-s, by your own showing; on the contrary, we have poured wealth in to scuttle and burn others, and because these are of t·he so-called 11 excul- their coffen:~, and you have no suit which in justice can be maintained pated cruisers" such losses are still unprovided for, and to-day appeals against us. The tribunal wQuld have cert.ainly adjudged the answer are made to you in the name of justice for reparation. Bnt others, and satisfactory. Does any one doubt this T The counsel for Great Brit- by farthelargerproportion, were compelled to insure. 'When the Sum- ain, in the proceedi.Ilgs before the tribunal, did at once raise this qnes~ ter destroyed the Golden Rocket, and the courts held the insurance tion. I quote from him: companies harmless under the ordinary marine policy, they had ships "With respect to the in urance companies it must be r mem bere(l that, a.':! againRt saili.Ilg every sea, anchored in every harbor, lying at every wharf, the losses which they paid, they received the benefit of the enormous warpremiurus freighted with valuable cargoes. There was but one door of safety which ruled at tl1at time, and 1hat these were the risks against which they in- demnified themselves-and, it cannot):ledoubted, so as to make their blll!iness prof- for them. and the insurance company was its keeper. What mercy itable upon the whole-by those extraQrdinary premiums. bad they to expect from these soulless corporations f Could they be If the. e companies had been the only claimants would our Govern- inspired by patriotism or moved by sentiment Y No. They aujusted ment have taken a step towanl an adjustment T their own rates for war-risks, having regard only to the p~·ofits of the busi.Iless, and the ship's owner must comply with their exactions. He Again, Mr. Evart.s, attorney-in-chief of these corporations, while rlicl so, paid them millions of · dollars in excess of their losses, and earnestly arguing the matter oi_ agency, on being asked what should now looks to you for remuneration. He saved your commerce, he be done with those comp:-~nies who put in no appearance whatever, kept your merchant-ships afloat, be honored your :flag, gave credit to replied: They should be paid out of the money collected. And yet your country at an expense of millions of dollars to him, and in hun- there was no privity between them and the great attorney. Curious dre<.ls of cases the·price he paid was ruin. agency that! You have money enough forced from Great Britain by a judgment Secondly. They rest their claim on tb~ doctrine of subrogation; of the court to re-imburse him for the tax his loyalty compelled him certainly a very taking one with lawyers. No one questions the to pay; and is there any reason w by you should withhold it Y soundness of the legal position. That the underwriter is subrogated to all the rights of the insured in event of partial loss and abandon- INSURANCE COliPANIES. ment is beyond dispute, and if there is any legal claim against a wrong- Now, Mr. Speaker, what has stood directly in the way of a fair, doer for the damages done the company may prosecute 1t in their own just, and equitable distribution of this award f Three years have behalf. But has the doctrine any application in this case T Clearly elap ed since it was paid into our Treasury, more than twelve years not. since the greater pa1·t of the damage was done. In the mean time our Before any of the depredations complained of had taken p ace citizens have suffered that terrible sickness of hope defmTed. The Great Britain had recognized the belligerent rights of the confederacy. time bas suTeiy been ample, the losses clear, the means of repiuation Then, as a logical sequence, no man injured in his person or property abundant. Who bas blocked the door of justice T The insurance had any le~al claim against the injurer, nor can it be pretended that companies. Corporations of immense wealth and power, easily united any inclividual sufferer had any claim recognized in law against in active, aggressive war upon every measure of relief which declined England. The recognition of belligerent rights had been deliuerately to name them as the first and most meritorious claimants, lmving waived by our GoYcrnment as the ba is of claim. Bot uppose it agents and attomeys in every considerable town in the country, unlim- had not been, could the underwriter bring any snit against the En- ited comJ;Dand of men and money, able to mass their whole strength at glish govemment and maintain it f Her reply would have been," 1f I a moment's warning, and hurl it upon Congress, able and willing have offended, my offense is against your Government, not against to employ scores of the leading men of the land, entitled to the you. I am answerable only to her." Was it in the power of the e privileges of this :floor, and keep them on guard during a whole insurance companies to enforce their claims. There is infinite pre- se ion of Congress, while, opposed to them, are the impoverished tense in all this talk of subrogation. The companies knew perfectly ship-owners and sailors, scattered all over the world; the men well, when they adjusted their rates, that in ninety-nine cases out of from whom they exacted all and more than a11 the profits of the hundred the ship insmed, if injured at all, would be entirely de- the carrying trade during the whole war, equally scattered, with- stroyed; that there would be no practical remedy agaiLI t anybody out agents, unable to employ attorneys. The battle is terribly un- for the destruction ; therefore they did not take into consideration equal, and were it not for a high Pense of justice, an inuependence or make any allowance whatever for benefits to be derived from their of thought and action, an incorruptible purpose to do right pervad- favorite legal position. In the ordinary risks these legal rights with ing the members of Congress, there would be but one result, but one which they are clothed are credited in adjnsting the premium. Tho prize, and these companies would 1wld the lucky ticket. Before the war rates aro conclusive evidence that no such allowance was maue last Congress t1Jey waged a tremendous battle, contested every step, to the insured against war risks. The immen e, nnprecedentfld profits fought for their millions with increasing vigilance, with great power of the business ought to be a satisfactory rep1y to the claim. An and unquestioned ability; even when in the last ditch they never "unknown poet" se~ms to have fully understood the ca~e when he lost heart, but resorted to stmtagem and cunning devices, looking us wrote- squm·e in the face as if honest, asked for leave to go to the courts, From him who hath not should be ta ken away prevailed upon the Nestor of the House, tlle wbite-baired, renowned, E\·on that which he hath, and be given and revered Poland to advocate their cunning proposition, and failed, Unt<> him who hath all, the insurance men say; And, uods! for this rule how they'ye st-riven! as they ought, ingloriously. They did howev.er, I admit, succeed in obtaining an advantage of all othel' claimants in securing payment Late ana early tho.v'>e labored with might and with main To dishonor the faith bf t-ho nation, for all t.h eir net losses, regardless of any distinction between "incul- While their lawyers, a host without numb r, maintain pated" and "exculpated" cruisers; and yet they are not happy . That sheer theJt is but plain" 81tbrogation." .A. distinguished judge was once arguing a case before the judici::r ry Thirdly. Tiley insist that they were before the tribunal and their committee of the Legi~:~Jature of .Maine, m which he concluued that claims were allowed. There is not a scintilla of evidence in tbe .whole the petitioner," Richard Doe,'' could not be satisfied, that it was for- ca e in support of this theory. They were before the arbitrators, bnt tunate for the world there was but one "Doe," that a few more would they were the1·e as witnesses, nothing more. There ch1ims wero only absorb all the things of time ancl enter eternity crying "not enough!" proofs of the amount of losses. The quotations so ~bundant1y made Said be, if Satan had taken RiclJard into a high mountain and offered by the insurance attomeys in support of this position are from the hi mall the possessions oft.he earth, be wouldbavecried "not enough!" dissenting opinion of one of the judges, Cockburn, entitled to no "not enough!" I am inclined to think that if Satan should take these weight whatever. insurance companies (and I guess he will) [laughter] into a high Fourthly. They come with a. special and specious plea.: We are mu- mountain and make them the same offer their response would l.Je tual comp:mies, merchants and ship-owners making up a. pool. If a "not enough." [Laughter.] vessel is lost, the pool .pays the insurance, and at the close of each Again they are here in full force, repeating vigorously their demands. year a balance is struck, and so much of the pool as remains is paid Now, .Mr. Speaker, why are they entitled to another day in court 1 out to the contributor . Now pay over to us, and we will distribute What reasons do they give f to the very men who paid the war premiums. But the war-premium FW.·st. They claim that this Government was their attorney to col- clajmants reply, there are leeches jn your companies, presidents, di- lect these very damages, and having succeeded, but one other duty rectors, actuaries, attorneys, fine buildings, extravagant. rents; there, 1·emains, to pay over to the clients. What an idea! Our great nation too, are all of the immense expenditures for agents, lobbyists, attor- the agent of insurance companies, as such spending years of negotiar neys, employed for the last five years against onr interests. When . tions, levying contributions on the first mtellects of the land, making you have charged off agaiust us all these expen es, bow much of a requisitions upon the honorable Senate of the United States, drafting dividend will be declared f Heaven save us from any such guarc1ian- into ervice the President, threattming war with England, all to col- sl.:tip. We remembe1· vividly the d~ '3tribution of the Columbian Mu- lect the bill of insurance companie ! Ancl wha t bills Why, dam- tual. A brief st.at ewenli of its charncter and career will be us ful in nges inflicted by English cruisers. Suppose for a moment t l.:tat our throwing light. upon this four th proposition. . 1876. CONGRESSION.A.L RECORD-H-OUSE. 4295 Columbian :Mutual Insurance Company, orga,pized August, 1857. Again, from reports of 1864. Total amount of assets January 1 From the annual report made January 1, 1861, before war risks were 1864, $9,265,546.32; net earnings remaining with the company, known, I :find total assets 1,2'2876B4.77; excess of losses and expenses $5,208,670; profits for 1863, $2,630,000, after reserving three and one over earned premiums for the year 11:~60, $:36,271.19. But the war half million dollars of profit. Certificates of the issue of the year 1862 risks soon changed the fortune of this company. For January, 1864, will be paid. A dividend of 40 per cent. is declared. they report total assets, $3,140,930-80; profit for the year 1863, 1,137,- Now, whose was the $6,600,000 assets and the two and one half mill 163.33, after reserving for estiruateJ claims unadj n.sted and other con- ions of reserved profits January, 1867, 'on the increased assets, and the tingencies 441,206.4!J, profit to be divided, $695,974.52. Of this res- three and one half millions reserved profits January, 1864 f Certai uly idue 30 per cent. will be paid in cash to the stockholders on and after it did not belong to the temporary policy-holders. They, in receiving March 10, 1864; on old stock 12 per cent., on new stock 10. There their 20, 30, 35, and 40 per cent. dividends, had settled and canceled will also be a scrip dividend on ~~nd a.fter June 1, 1864, on the cash all their interests in and claims upon the compa,ny. Of course it be- capital; on old stock 7 per cent., on new 5; making the total dividend longed to the company. The losses were paid from a general fund, for the year paid to stockholders 26 per cent. and the profits went int.o a general fund. Only a part was ever re- This company is partly stock, partly mutual, having no resemblance turned, tbo bal:J.nce accumulating for somebody's benefit. .Whose! whatever to that Utopian pool company so earnestly urged before Now, these are fair samples of the New York mutual insurance com the Judiciary Committee. Shortly after this Teport the company panies; their profits through the war a fair average. I annex a table failed, distributed their assets, but in the distribution only ~ave the showing the operations of these companies. creditors 5 per cent. What became of all the rest its credttOI'fl are Is not the impudence of these companies without parallel in the anxious to know. It was not lost in its war business, for the whole history of Congress f They not only ask but they demand about claim of this comp.lny is a little more than $700,000. ·would not this the whole of this fund, and t~ey insist that the nation will be dis company be an excellent guardian for these war-premium men, un- honored if they do not receive it. I trust this House will accept the derstanding so thoroughly as it seems the art of distributing tho dishonor meekly, rather than do the injustice they claim. smallest possible sum to its creditorsf This statement shows further how little of truth there is in the Sy1wpsi.s of the business of the several insurance companies in the city oj character claimed for these mutual companies. The fact is they are New Ym·k hereinafter nanted for the aeveral yea1·s as stated, m.ade fron nearly all mongrel, half stock and half mutual. thei1· own returns. ATLANTIC )IUTUAL. Take the Atlantic Mutual of New York, paraded by all these in- surance attorneys as the paragon, the model mutual company, a claim- ~ d M Qo :9ce .... ant too against this fund for $1,760,6113. I said the Columbian claimed I> rri -~ ~- ;;~ 705,608; so these two companies claim nearly one-half of the whole ·af~ amount sought to be received by all the companies, forty in number. For wha.t years. :t oooo ~~ ~~ A. ::I .,~ ._.<:J ·;::~ ATI.ANTic MUTUAL INSURANCE COMPANY OF NEW YORK. $ P-t ~AI ~ w 0 In 18'24 the Atlantic Insurance Company, a stock concern, was char- tereo and organized, did business for eighteen years, paid a net profit P.ct. P.ct of 350 per cent. on. its original capital-a remarkable success-and 1861.. ........... .. ................ .. $4,15.'>,165 78 $3,040,126 64 6 30 yet in 1842 it adopted the mutual plan. What was its motive' Cer- H!62 . ................................ 4. 4e5, ~ 68 2.no, 70a 31 6 40 1863 . -............. . ....... -.- • • • • • - 7, 5~7. 666 56 4, 888, 618 52. 6 40 tainly not charity. An examination of its charter and the insurance 1864................................. 7,964,369 14 4,6:!9,925 :}() 6 40 laws of New York will show. Twenty-oneoft.he original stockholders 1865 .••••• •·•••• ............. ...... •. . 6, 764,146 38 4, 651,519 89 6 35 obtained the charter. In examiniyg this, I take an abstract made by Tot.al .. • • . . . .. .. .. . • • .. . • .. . . . 1-----------1· 30, 966, 601 54 - ---------- 19, 9-20, 895 66 Mr. Moore, of San Francisco, whose direct and indirect losses ruined him, and who died seeking his rights of Congress: SUN MUTUAL. Section 10 provides that policy-holders, on risks not marked off, upon which the premium is not less than 100, shall be entitled to one vote for each $100 of such premium until the outstanding scrip of the company shaU amount to $."i00,000. 1861, to October._ ... __ ............. . 1, 483, 263 64 1, 316, 300 70 6 10 Section 11. Scrip-holders to the amo.mt of ·100, issued in the name of such hold- 1862, to October .... : ........ _.. . . . • . 1, 629, Oe9, G1 1, 362, 970 22 6 16 ers, t>hall be entitled to one vote for each 100 of such scrip. 1863, to October. . . .. .. .. . • .. . . . . . . . . 2, 265, 576 :n 2, 003, 788 70 6 10 Section 13 provides that "annual dividend sta~ments shall be made, which shall 1864, to October . ..... . . . . . . . . . . . . . . . 2, 192, 087 12 1, 620, 407 11 6 30 contain a fair estimate of the net profits of the company not before divided, up to 1865, fifteen months, to December 31 2, 691,751 07 2, 464, :l4l 63 7! 12 aml including the last day of each year, ta.kina into >iew the probable amount to be paid on all claims and demands which have 'been or may be made against the Total......................... 10,261,767 751 8, 767,708 3ti company.'' After ascertaining in this mode the net profits of each period on risks marked off, the board of trustees may declare a dividend, and the officers of the company may 1ssue certificates of a certain percentage on the premiums received MERCANTILE )IUTUAL. for such marked-off risks, to the persons in whoso names the policies of insurance (Paid dividend on capital besides.) were originally made or to their representatives. Section 19 provides that the trustees of the Atlantic Mutual Insurance Company mayta.kofrom themselves, as stockholdern in the Atlantic Insurance Company, one- 1861. ............... -··· ·- .......... . 847,972 68 753, 32"2 Ol 6 12 half of the stock and assets of the L'ttter company, on such terms and for such 1862 . .•......••••.••.. ·-····-- ·· --·-· 1, 044. 005 09 fltl5,187 48 6 17 periods as they can agree with themselves, and pay legal interest thereon, aud 186.1. ·- ·- •.••••. -··· ·- ...•••. -- .... -- 1,163,74164 1, 031, 436 85 6 12 authorizes them to appropriate and pay profits thereon pro rata upou the amounts 1864 . -- ·-· .••.•• . ·-·--·· ............ - 1, 281, 790 41 1, 146, 374 1:15 6 20 received, with the premiums subsequently earned. 1865 ... ... ·-···· ...... ·-·-··. ·-· ····- 915,013 63 842,531 89 6 Section 13 declares the amounts named in the scrip eertjftcates to be conclusive, whether accepted or not. Persons entitled to such se11p can. therefore, have no Total ........................ . 5, 252, 523 45 1 4, 658, 853 18 claims upon surplus earnings. It also declares that such scrip shall I.Je a. per- centage on the premiums received, thereby excluding policy-holders from partici- COMMERCIAL llfUTUAL. patin:r in the interest deiived from the L·uge amount of invested capital. 'ection 1 permitd any mutual marine inaurance company then existing, or that might thtweafter be chartered by the Legislature or bo incorporated under any ~n­ ii E~~1-:::~: ~ ~::::::~~~~~~~~~: 581,827 94 462,439 34 6 10 eral law of the State of New York, to create .or unite with its existing funds a 397,580 39 293,777 98 6 25 cash capital of not less than $30..1,000, to be divided into shares of 1:Jo each. 477, 0[)2 38 378,056 30 6 20 Section 2 provides for payment of 7 per cent. int.erest on such capital, and per- 476,084 51 281, 814 81 6 mits the payment to the holders of stock capital, in cash, one-third :)f &ll the net 1865, to July --···---··-----·-······ 381,191 26 243,178 ll 6 35 profits of the lmsiness; the other two-thirds of net profits to be paid in scri~ to 1865, sa months,~ December 31 •••. 316, e49 11 130, ?02 05 25 persons entitled by the charter or articles of association to participate in its profits. Section 4 provides tha.t holders of cash capital or stock shall bo entitled to one Total......................... 2, 630,625 6:l 1, 789, 568 59 vote, at all elections, for each share of t>took; that no person shall be entitled to vote at an.v election !Jy reason of holcling eithe•· policies of insurance or certificates COLUMBIAN. of scrip, thereby annulling sections 10 and 11 of the charter of the Atlantic Mu- tual Insurance Company and depthino- policy and scrip holders of all mutual marine insurance companies of membershlp, making scrip· holders simply creditors 1861, fourteen months, to January 2, of the companies and their claims subject to be canceled ll.t the discretion of a 1862 ... ......... · --- ••. ·-. -· ·-- -.- . 982,695 67 711,302 09 board of trustees, in whose election they have no voice. 1862 .•••••. -··--··- -- ···· --· ·-···· -- · 725,386 39 496, 617 25 1863.--- ...... - •••• - ............. - -.- 2, 3G2, 842 Q-2 1, 225,778 69 CHARTER M\'D BY-LAWS. 1864 .. .............................. . 4, 932, 516 67 2, 867, 762 05 This is that model company of merchants contributing to a pool. Total ............ ............. 1-----------1 9, 003,440 75 ---------- 5, 301, 540 08 See, now, how successfully it operated. I quote from the New York Insurance Reports, 1861, volume 1, page :t."EW YORK MUTUAL. 527. The Atlantic MutnnJ wns organir.ed 1872. Total assets Janu- ary 1, 1831, $6,ti4G,292.10; profits for 1860, 1,594,000. Six per cent. ltl61, to July_ ........... _. __ ...... _. 738, 374 52 642,851 81 10 6 interest on the out.standing .certificate of profit will be paid to the 1 62, to July ..... ... .......•........ 562,729 37 456,79 50 6 15 holders thereof on and after the 5th of February, 1861. 1863, to July.-- __ ....... __ ......... . 6.38, 47l 18 445,228 97 6 10 Afterreservingtwoand one-half millions of dollars profits, the out- 1864, to July·-------· ---·----·--···· 514.337 24 296,509 56 6 80 standing certificates of H:G9 will be paid to the holders thereof. 1865, to July ............ · -·-·- ..... . 410,485 20 2.1!1, 926 80 6 12i • * ¥ A dividend of 35 per cent. cash is declared on the net earned Total ........................ . ------- 2, 864, 397, 51 --------- 2, 133, 315 6-1 premiums for the year ending December 31, 1860. For the .year 1862, 40 per cent., free from Government tax, is de- clared. 4296 CONGRESSIONAL RECORD-HOUSE. · JUNE 30, Sy1Wpsi8 of the bt(,Siness of the several insurance companies, g·c.-Cont'd. The Legisbture of Texa~ is at this time and has been in session for ORffi"NT MUTUAL. some time, and they have again and again asked th&qnestion whet.ber they themselves must make provision for the protection of the na tional frontier if Congress does not. ·a-r:iP.. -.1 p. ...... The SPEAKER pro tempore. The gentleman from Texa-s is proceed "d~ ing by unanimous consent, and objection is made to further discus For what years. ~~ ot danger, and he did not 1\IAJOR FOSTER A. HIXON. whollv t·oco1·er for months afterward. The next business on the Private Calendar was the bill (S. No. 333) In view of the premi es, and especially considering the long and faithful service for t he relief of l\Iajor Foster A. Hixon, late a payma.ster in the Army. of this young soldier, extending to a period of nearly a vear beyond the fair con- struction of his <'Outract of service with the Govemm ent~ and t.be despondent con- (Objected to by Mr. TERRY.) dition of his minrl. resulting from the peculiar and tl>or·e character of the petition- er's illness, yonr coilliJlittoo are of the opinion that the stigma of de ertion should LAURENCE A. WILLIAMS. be removed from ills military record, and that he is justly entitled to an honoralJle The next business on the Private Calendar was the bill (H. R. No. di char~e. 3371) to place Laurence A. Williams, late major Sixth Cavalry United There being no objection, the bill was laid aside, to be reported States Army, upon the retired list of the Army. favorably to the House. The bill was read. It directs the President to pla-ce on the list of CALEB L. BRAYTON. retired officers of the Army the na.me of Laurence A. Williams, late The next business on the Private Calendar was the bill (H. R. No. major of the Sixth Regiment United States Cavalry, with the rank of 1997) to grant titles to certain lands to the heirs of Caleb L. Bray- major, but he is to be entitled to pay as major only from the date of ton, reported from the Committee on Private Land Claims with an the passage of the act. amendment. Mr. WILSON called for the reading of the report; and it wa.s read, The preamble of the bill, as proposed to be amended, states that as follows: by virtue of the provisions of an act of Congress approved Aurrust The Committee on Milit.'try Affairs, to whom was referred the bill (H. R. 1847) 4, 1 ~' knowu as the arm~d-occupation act, Caleb L. Brayton, ~ow for the relief of Laurence A. Williams, subnrit the following report: decea ed, settled and acqmrcd a nght to one llundred and sixty acres Laurence A. Williams graduated from tbe United States .Military Academy, and was appointed brevet second lieutenant 1st of July. 1852; first lieuwnant, 20th of the public lands in Brevard County, in the State of l!'lorida, auu July, 1856; captain, 1st July, 1e61; and major of the Sixth United States Infantry, becam"' entitled to a patent therefor; and before the issue of patent September 7, 1a6l. lie was aid-de-camp to Brevet Brigadier-General A. S. John- to said Brayton tlle land so acquired had been patented to the State ston from the 1st of Jtme, 1858, to tho 1st of August, 1860, and acting assJst.ant adju- of Florida nuder act of September 28, 1850, and said State of Florida tan t-general of the Department of Utah from Febrna.r y ~ to August 21, 1!::!60; on duty a~ hearlq narters Department of Washington aud on mustering duty at Colum- refuses to surreuder said patent for cancellation. bus. Ohio, to May, 1861; aid-de-camp to General McClellan from May to September The bill provides that the heirs of Caleb L. Brayton, who, under 7, 1862, and with his regiment, and in command of it, from 27th day of March to permit No. 236, are entitled to locate and enter the north west quart,er 26th day of June, L862. The regimental . returns of the Sixth Cavalr·y for June, aud southeast quarter of fractional section 1, in township 313 south, of 1862, reported .MaJor\Villiams in Wa hington, "sick, since June 2li,l862." He was subseguentl.v reported absent withont leave. This was afLerward corrected on the range 40 east, may, in lieu thereof, locate and enter other public lands records, Major Williams furnishing tho proper surgeon'a certilicate of his l!ick.ness. iu the same county open for entry to an amount not exceeding one On the 11th of March, 1863, be was summarily dismissed the service by order of hundred and sixty acres, and the Secretary of the Interior is directed the Secretary of War. There were no papers of reconl on which this action was to i sue patent for the same. ba.sed, nor did t-he Secretary of War communicate his reasons for ordering dismis- al. The committee, believin" that injustice wru~ done this officer by his ~ummarr. There being no objection, the amendment was arrreed to; and the dismissal, recommend this bill as a substitute for the original bill, anu ru~k that 1t bill, as amended, was laid aside, to be reported favor~bly to the House. do pass. NORTHWESTERN IMPROVEMENT COMPANY. There being no objection, the bill was laid aside, to be reported The ne~t business on the Private Calenda,r was the bill (8. No.176J favorably to the House. to authorize the Northwestern Improvement Company, a corporation JOHN AMMAHIE. organized under the laws of the State of Wisconsin, to enter upon the The next business on the Private Caiendar was the bill (H. R. No. Menomonee Indian reservation and improve the Oconto River its 1075) directing the Second Auditor to settle the pay and bounty ac- branches and tributaries. ' count of John Ammahie or Ammahe. The bill was read, as follows: The bill was read. It directs the Second Auditor of the Treasury Be it enacted, &c., That the assent of Congress be, and hereby is given to the to settle the claim for pay and bounty of John Ammahe or Ammahie,~ Northwestern Improvement Company, a corporation organized under the laws of of Companies E and H of the Forty-third New York Volunteer8, and the State of Wisconsin, to improve the Oconto .River and its branches an•l tribu- to issue a certificate for such amount as appears to bed ue, any charge taries, so as to r!ln logs do~ s~id river, its branches and tributaries, across the of desertion upon any rolls of tlle regimdnt to the contrary notwith- Menomonee Indian reservation, m accordance with tbebws of saitlState: Provided :t'hat any damages which may be caused by such 1mprovement shall be a wardell a~ standing. ~ all other ca~e~ under the ~ws of the Stat,e of Wiscon in, and the amount be paid There being no objection, the bill was laid aside, to be reported lll~ the Trea ury of the Umted States for the benefit of said Indians; and said favorably to the House. ~dians _anu all other persons sha~ be _ p ermitted to nse ,aid river for the purpose of runmng lo~s, a::~ contemplat;ed m thts .act; and tho ch_arges _for said privileges SEWELL B. CORHEIT. shall be regntated by the Legullature of the State of W1scousm: Provided That. The next business on the Private Calendar was the bill (H. R. No. all privileges under this act may be altered or revoked by Congr ss. ' 3372) for the relief of Sewell B. Coruett, of Alexandria. County, Vir- There being no objection, the bill was laid asiaid Sylvester D. Willard before the war, and that he resided at the McGinniss, assi tant quartermaster Thirteenth Infantry, acting commissary of sub: time in the city of .Albany, in the Sta.te of New York; that before and at the time sistence at Fort Shaw, Montana, is responsible. of her marriage she resided at Mnrfreesborough, Tennessee; that at the time and "In said safe was $798.51 regi~enta.l funds of. the Thirteenth Infantry, and previous to he-r said marriage she and her sister, Sarah A. Spence, were joint own- 294.93 post funds; also, $'l7.14, regrmental band Tb.irteenth Infantry, and $300 pri- a· s of certain property in tlie town of Murfreesboroucrh, Tennessee, known as the vate money, for which ]'irst Lieutenant Thomas J. Lloyd, adjutant Thirteent;h In- Cit.y Hotel, which property was taken possession of by order of General Geary, fantry and post, is re ponsible." then commanding that post, for the purpose of establishing a general military hos- The board of examiners further found that the safe had been turned over to pital. Lieutenant McGinniss a few days previous to the theft; that a clerk slept in the A brick residence adjoining said hotel, owned by same parties, was also taken office; that the safe was kept by McGinniss in the same manner it had been kept pos e sion of by military autliori*:f and used as a hospit-al and medical director's by his predecessor, 'lnd that it had probably been stolen by deserters froru the office, 1mrler charge of Medical-Director Snrgeon-General J. Mo es. Army. Mrs. Willard, the memorialist, submits to yonr committee certificates of various The following certificate of Lieutenant J. B. Guthrie, of the Thirteenth Infantrv officers on duty at Mnrfreesborongh, Tennessee, showing the · occupancy of this folly presents the case, and shows that the lo was not the result of any necrii: property at various times for military purposes. . gence of McGinniss: " It also appears to the satisfaction of yonr committee that the furniture in said LIEUTENANT GUTHRIE'S STATEMENT. hotel and btick residence adjoining was also taken possession of and used for hos- I hereby certify tl1at on or about the 20th dav of September, 1867, I tran ferrecl pital purposes. or so mnch thereof as was adapted to anrl useful for that purpose. to date, Augnst31, 1867, to Captain N. S. Constable, assistant quarterma ter United It appears from a report made by Quartermaster-General Major-General M. U. States Army, a small office safo, (iron.) I retained the keys of the safe for the Meigs of date July 18, 1865, "that the City Hotel was held in poss~·ssion by the time being, and on the 27th of September I transferred them, (the keys,) to can· tiot military reservation a wooden bull ding for church worship, either celed. He was subsequently sent to Company I, which was entitled to a second lieutenant by reason of legal numbers and n. vacancy ; but before muster he was on the reservation proper or on that part of the same occupied by the sent to Company K agam, which company was without a commissioned officer Grand Trunk Railway Company, with the assent of said compauy. present for duty, and to whicb..most of the recruits brought by him had been as· The amenOund rounrl shot, which fractured tho temporal bone of tho skull, broke his colla.r.bone and lower jaw, causing epileptic convulsions, which wound wa.s re- The CHAIRMAN. The bill was not exactly objec~ed to, but, there ceived at the battle of Malvem Hill, Vir;:dnia, July 1, 1 G2." Second," a wound being no report in the case and the reading of t.he report being de- from a Minie·ball, which entered the right side of the neck and passing backward manded, it was passed over. and downward carried away tho spinal process of one of the upper tlorsal verte- Mr. HOLMAN. I objected to the bill as there wa-s no report ac- brre, and has l eft the spinal cord imperfectly protected, and which last-mentioned wound wa. from Salt Lake Uit.y ro the head of navigation. and givin<:?; nn HnintPI'· rupted route to the Pacific. Ocean without crossing tue Sierra Ne\·ada Mountains; tFict to said estate for ta:xes collected and illegally detained fi·om said the di~coYcry of valuable timber suitable for various mechanical an •l tloltH"St·iC deceased, and interest thereon. use ; the discover.v of the greatest fall in the Colorado, the cxteut of its valleys, The report was read, as follows: antl tho location of its agricultural lauds; J?Ointa of mineral wealili and evidences of extinct and existing types of advanced mvili2>ation; many of wltich results have The Committee for the District of Columbia, to whom was referred Honse bill been since greatly utilized by the engineers and scientists acting under the author· No. 2501, a bill for t he relief of Mrs. A. E. Hall, widow of Dr. David Hall, submit ity of the Unitetl States Government. the following r eport, and recommend the passage of ~he bill : . . . . "The descentof the Grand lliver, above alluded to, was attended with severe hard· Prior to 17!!6 one James Gt·eenleaf conveyed certam real estat.e m this D1stnct ships, imminent pe1ils, and serious losses to the claimant and his party, in the to Hobert .Mot~·is and his associates, who conveyed the same ro the United States. wrcok of his boats and loss of personal property and valuable paper~>. The claim- Greenleaf claimed that his conve>anco to the United States did not , and conveyecl the same to}:>r.. David Ball, husband _of t~e claimant. claim for compensation, t() Congress, and by Congress printed; which report is In 1813 the United States fileu a btU m chancery to perfect Its title; but t.he case herewit.h submitted. was110t decided until1857, and then the title of the United States wa-s confinned. The memorialist claims $20,000 compensation for services. Iu the mean time the property has been ass'essed to Greenleaf and those claim in"' The committee are satiBfieeys, &c., the H~use with the recommendation that it do pass. is clearly inferable; but as subsequent examination shows that this appropriation JOHN RENTZ, could not be so applied, no fund was at the command of the \Var Department for such compensation. Anti a misunderstanding seems to have sprung up between The next business on the Private Calendar was the bill (H. R. No. the Secretary of War as well as a jealousy or criticism on the part of the Govern- 3484) for the relief of John Rentz. ment engineers, which~ coupled with the loss and displacement of paper-1 constitut- The bill, which was read, authorizes and directs the Secretary of ing important links in the chain of evidence, only recently supplietl, have delayed War to correct the military record of John Rent.z, late of the Fourth any favorable or final action ~n this claim to this da~. . The claim for $700 for seL·vtces and outla.yR of chumant m 1863 and 1864 cannot Regiment Michigan Veteran Volunteer Infantry, and to granthiman be allowed, as they were rendered and made prior· to any v.retenseof aut.hol'ityfi'Om honorable discharge as of the 14th day of February, 1866, and the the Secretary of War. So of the item of $L,41i5 for liabilities incurred in running Secretary of the Treasury to allow and pay to said John Rentz, out the steamer Esmeralda up and down the Colorado in 1865 and 1866. So of the item of $250 for going from Callville to Salt Lake City and San Francisoo in 1865. of any money in the Treasury not otherwise appropriated, all arrears The item of $300 in going from San Francisco ro Call ville, building rafts for arms of pay and bouuty to w·hich he would have been entitled if he h:td and provisions, and descending the river four hundred miles, is rejected for the been honorably discharged on the 14th day of February, A. D. 1866. same reason; likewise the following items: $450 for !-raveling from Cn,llville to The report was read, as follows: Washington City and reporting the facts in 1866; $160, personal eA'J)enses while in Washington City making out reports, &c. Tb at the "statement of service" from the Adjutant-General's Office shows that Subsequent to this time, as the further serviCes of the claimant seem to have John Rentz was enrolled in Company B, Fourth Regiment Michigan Volunteers, been prosecuted under the sanction of the Secretary of War, and as the Goveru- on the 20th of June, 1861, to serve for three years or during the war. and re-en· ment and pnblic were manifestly benefited by the labor, bazarus, and outlays of listed as a veteran volunteer Decem bAr 2!J, l t'63, and that be was reporte:l "de- the claimant, it seems but right and just that a reasonable compensation sboultl be serted a.t San Antonio, Texas, February 14, 181i6." The war record shows no charge allowed him. While, in the judgment of your committee, the~e:tt benefits result;. of dereliction of duty during this long service of four years and eight months. ing to the Government might outweigh any small computation, yet, in appropriat- On the other band, the major of his regiment and the captain of his company hear in"' the public money, they feel no license to enter the uncertain fieltl of pecnla- testimony to his gallantry and good conduct; and tbesnrgeon of the regiment, the tion or extravagance; and' reducing the claim to actual dil·ect compensation on the adjutant, and ten ot_her otlic_ex:s, :_mel several privates of his regiment, with several basis of a contract and the extent of service performed and money expended, thG ofticers of other regiments, JOlll m a certificate that "he was hlways on duty and committee present the fo!lowing account as near·ly just and reliable al> is a.tt:~inablo: never sl1rank from the faithful performance thereof." They further state that, For returnmg from Washington City to Colorado }{iver, via San Francis- "after the war was over and an order had been issued to have the veteran detach- co, to prosecute the explorations .... .. ..... . .. . . . . . . . .. . . . . • . . . . . . . . . . 250 00 ment discb:JJ"ged, he came home without leave, and was marked as a deserter." For expenses and services in ascending the Colorado River, seven hun- In considetation of the well-established fidelit-y and gallantry of this soluier for dred miles, cro~'~sing to Salt Lake Cit.v and the mountains, building four the peTiod of four vears and eight monthsJ extending to a date nearly one year boats, purchasing arms and ammunition, instruments, and provisions, or- after the virtual closing of the war, aud atter his contract of service with the ganizing the force, and the voyage down the Iiver, and loss of property, Goverlllllent was really completed, your committee are of opinion that 11o strong and report of exploration, &c., to the Government.................... 3, 500 00 case is presented for the jnst clemency of Congress. Your committee report back a substitute for House bill No. 303, and recommend Making in all ...... ··-·-·· ...••. ··-··· .. -··-········-·............ 3, 750 00 its passage. For which amount your committee herewith report a bill making the necessary There being no objection, the bill was laid n.side, to be reported to appropriation and recommend its pas:>age. the House with the recommendation that it do pass. There being no objection, the bill was laid aside, to be reported favor- CAPTAL.~ SAl\IUEL ADAMS. ably to the House. The next business on the Private Calendar was the bill (H. R. No. B. E. GARLAND AND F. M. HOPPIN. 3489) for the relief of Captain Samuel Adams. The bill w:tS read as follows: The next business on the Private Calendar was the bill (H. R. No. 515) for the relief of Sarah E. Garland and Frank .M. Hop pin, with Be it enacted, d:c., That the Secretary of the Trea-sury be, ancl be is hereby, au- an amendment by the Committee of Claims. tllorized and directed, out of any money iu the Treasury not otherwise appropriated, to pay to Captain Samuel Adams the sum of $3 750, in full satisfaction of his claim The bill was read, as follows: 1 or claims arrainst the United States f•r all services, losses sustained, and moneys Be it enacted, cite., That the Secretary of the Treasury be, and is hereby, au- expended by him in exploring the Colorado, the Blue and Granc.lltiver.eJla. Harbor, " demonstrating t.he navigallilit.v of thtl eo lot ado River to Calh·ille. a d' -;~ BENJAMIN L. COR~TJSH. tance of six hundred and twenty miles. a point far beyond where tho United l::itates tm~ineers reported the river susceptible of navigation, tlm-. stimulating th11 com· Mr. FORT. I ask tuat. I may be permitted to with1lraw my objec- merce of the river and giving access to the rich mines of coaJ, copper, gold, aml tion to the bill (S. No. 560) for the relief of Benjamin L. Uorui:sh, 1876. CONGRESSIONAL RECORD-HOUSE. 4301 late second lieutenant of the Thirty-second Wisconsin Volunteer In- Clerks in departmental employ receive thirty days' leave with pay, each year. We are not so favored. Time lost by us, under a.n y circumstance, even an hour, is fantry. deducted from our wa~es . While we feel that this discrimination against us as .Mr. HOLMAN. Let the bill be again read. mechanics should not &ist in view of the nature of our services. w~ do not ask The bill was read, as follows: for the regular yeally leave of absence. We have labored faithfully for the Gov- Be it enacted, &c., That the Paymaster.General of the United States Army be, ernment, the very nature .of out· employment being a heavy d1·ain upon the vital and be is hereby, authorized and directed to pay, out of any money appropria,ted or forces; ancl we pray the granting of this petition as a boon that shouhl not be with- hereafter to be appropriated for the payment of the Army, to Benjamin L. Cornish, held in the centennial year of onr Republic's existence. late second lieutenant in the Thlrty.second Regiment of Wisconsin Volunteers, the And your petitioners will ever pray. pay and emoluments of a second lieutenant of infantry from the llt.h day of Novem· Mr. SINGLETON. It is a fact well known t.o members of the House ber, 1864, to the 12th day of June, 186:l, durin.g w bic.h time be actually performed duty and was reJ!11la1-ly commissioned as such second lieutenant, but was not mustered that in every other Department of the Government the employes have in: Provided, That whatever amount, if any, shall have been paid to the said Benja. thirty days~ leave of absence during the year, while the employes in min L. Cornish for his services in the Army during the t.ime above specified shall the Printing Office do not have a day. Not only that, but, as stated be deducted from the amount of the pay and emoluments of a second lieutenant, and in their memorial, if they lose one hour it is deducted from their wa.(Yes. the balance only paid to him. t;> This joint resolution proposes to ~i ve them twenty days' leave ol'ab- There being no objection, the bill was laid aside, to be reported sence at such time as the Public Printer may deem proper. I believe favorably to the House. this is right. We take time for ourselves to visit this exhibition, .Mr. SINGLETON. I move that the committee rise that the House and our salary is continued. I believe we ought to grant. the same may consider n. bill received from the Senate in regard to the con- privilege to the employes of the Government Printincr 0 Office, pro- tinuation of the public printing. vided it <"oes not retard the public printing. Air. HOLMAN. I hope tile committee will rise at any rate. It is Mr. FOSTER. Allow me to say to the gentleman from Mississippi now getting late. [Mr. SINGLETON] that I am very much gratififld at this exhibition of The motion of .1\fr. SINGLETON was agreed to. liberality on his part. I wish to remind.him, however, that he is mis- So the committee rose; and the Speaker pro tempore having resumed taken in one thing; all the employes in the other Departments are not tho chair, Mr. SPRINGER reported that"'the Committee of the Whole entitled to thirty days' furlough during the year. The laborers, watch- House had had under consideration the Private Calendar, and had men, n.nd messengers now in the Departments do not have thirty directed llim to report with favorable recommendations sundry bills, days' furlough. I suggest to the gentleman that he should include some with and some without amendments. them, and also the soldiers and sailors who are not allowed any time. Mr. SPRINGER. I ask unanimous consent that an order be ma,(ie Mr. SL~GLETON. Offer your amendment, and I will not object that the bills reported from the Committee of the Whole on the Pri- ~~ ' vate Calendar ue engrossed and read a third time and passed. Mr. BANKS. I have an amendment which I will offer if the gen- Mr. RANDALL. Let them be passed one by one. There is no occa- tlema.n will allow me. I do not object to the joint resolution which sion for thil'! unusual haste. the gentleman from Mississippi [Mr. SINGLETON] has reported. I am Mr. SPRINGER. I withdraw the motion. willing to vote for it; but I think there are some others that should CONTINUATION OF PUBLIC PRINTING. be included. I therefore move to amend by a-dding.to it that which I send to the Clerk's desk. Mr. SINGLETON. I ask unanimous consent to take from the The Clerk read as follows : Speaker's table for present consideration the bill (S. No. 960) to con- tinue tlle public printing. I desire to say that although the bill has And that a furlough of five days without reduction of pay be allowed to the em· not been referred formally to the Committee on Appropriations we plojlis of the other Executive Departments for attendance at the centennial expo- sition, at snch time as in the judgment of the chief officers of said Departments it bave had it under consideration, and I am instructed to recommend may be done without detriment to the public service. its passage, with an amendment striking out "sixty" and inserting " ten " days. .Mr. LUTTRELL. I move to amend the amendment by striking There being no objection, the bill was taken from the Speaker's out "five days" and inserting "ten days." table and read a first and second time. Mr. BANKS. I did not intend to indicate any particular number The bill authorizes the Congressional Printer to continue the work of days, but to leave the number blank to be filled by the House. required by law in advance of appropriations to be hereafter made, .Mr. SINGLETON. I am willing to accept the amendment. and provides that the act shall continue in force for sixty days. .Mr. BANKS. I propose this amendment as a matter of public in- Mr. SINGLETON. I move to amend by striking out '' sixty" and terest, not merely as a favor to the persons enga.ged in the different inserting " ten." Departments, nor as a matter of sentiment or feeling on our part. Mr. CASWELL. I beg to inquire of the gentleman from Mississippi The centennial exhibition is certainl:v one of the most successful ex- if this is a unanimous report of the committee 1 hibitions of industry that has ever ·been attempted by any nation. Mr. SINGLETON. So far a-s I have seen the committee they all We have done the best we could under the circumstances, not all that agree to it. It has not been formally referred to the committee. If we shoultl have done, but the best we could, in order to bring about wo waited for that the Senate might adjourn, and t.welve o'clock an exhibition of the capacities of the people of the United St.at.es at would arrive without any provision being made for the public print- this time. It is a matter of great importance to the conntry a-s a ing, and to-morrow there will be no CoNGRESSIONAL RECORD. means of instruction that the people of all sections of the country .Mr. CASWELL. It seerus that the committee have not had the sJ;to~~d visit. this. exhibition: Other goveruments having snch ex- matter under consideration formally. hibttwns have gtven to thmr employes and so far as possible to the Mr. HOLMAN. Most of the members of the Committee on Appro- common people an opportunity to visit the exhibitions without cha.rge priations are in the House and were consulted. and without cost to themselves. , Mr. BANKS. If the gentleman from Mississippi will allow me, I Now, inasmuch as there are several thousand people employed by desire to say that it seems to me tha.t ten days is a short time. If we the Government in the vicinit.y of Philadelphia, where the exllibition pass a bill of this character it should be for a longer period than ten is held, people who are not overpaid, who are in many instances per- days. I do not know but sixty days is too long. I think the amend- sons of great intelligence: and who will be benefited by a study of ment proposing ten days proposes a period too short for the object in the exhibit,i on at Philadelphja, I think we ought to give them at view. I would su~gest. twenty days. least five davs' time in which to make such a visit.. I do not uelie>e Mr. SINGLETON. We are putt.ing it upon precisely the same the people of the country will object to it or that it will be at all ground as the bill passed this morning with regard to other appro- detrimental to the interests of the country. priations. .Mr. HOLMAN. I wonld suggest that the amendment might be The amendment was agreed to. amended uy inserting the wonls "and other employes of the Go,·ern- The bill, as amended, was ordered to be read a third time; and it ment'' after the words reln.tiug to t.he employes of the Depa1·tments was accordingly read the third time, and passed. here. I do not think it exactly right to discriminate in favor of those who are right here around us in this city and who are able to ask this FURLOUGH OF E~1PLOYES OF GOVERNMENT PRINTING OFFICE. favor of us. This resolution, if passed at all, should apply to all per- Mr. SlNGLETON. I desire now to make a. privileged motion. I sons in the employment of the United States generally. am instructed by the Committee on Printing to report a joint resolu- Mr. BANKS. I will agree to that. I meant to include all employes tion (H. R. No. 139) granting a. furlough to employes of the Govern- of the Government. ment Printing Office. Mr. KASSON. H seems to me that the gentleman from Mississippi The joint resolution was read a first and second time. · [Mr. SINGLETON] would do well to include in one resolution the per- The joint resolut.i on grants to employes in the Government Print- sons to whom he refers as well as those embraced in the amendment ing Ofiiee a furlough of twenty days, without loss of wages, that they of the gentleman from Massachusetts, [Mr. BANKS,] and give the same may have an opportunity to attend the centennial exhibition. length of t.i me to all employes of t.he Government. 1\Ir. SINGLETON. I send to the desk to ue read a memoriu.l of the Mr. HOLMAN. The objection of the gentleman from Mississippi employe~ of t.he Government Printing Office. [Mr. SINGLETON] seems to have some weight ~n it; that is, that the The Clerk read as follows: employes of the Executive Departments, according to established cus- A petition from the employes of the Government Printing Office, asking Congress tom, already have allowed them a vacation of thirty days each dur- for twenty days' leave of absence with pay, &c. ing the year. 1'o the Senate and HoU!:e of Representatives: .Mr. KASSON. Then, why not say thn.t all officers and employes of We, the employes of the Government Printing Office, hereby petition ConiTe.<>s the several Departments of the Government who under ex~sting regu- for twenty days' lea,'e of absence with pay, the time to he allow eel_wheneve~ the lations are not entitled to thirty days' leave of absence during the Congressional Printer may, in hisjuugment deem it compa1illlewitb the public in· ~~eJf:~~to!~e numller of employes to be furloughed at ~me time being placed at year shall D.ereafter be entitled to so many days for the purpose name<:l 'f 4'302 CONGRESSIONAL RECORD-HOUSE. JUNE . 30, Mr. HOLMAN. That is right. that it came from that committee this morning and on their mo- Mr. KASSON. Under regulations to be prescribed by the heads of tion was referred to the Committee on Printing. To knock this mat- the respective Departments. ter about backward and forward from one committee to another Mr. RANDALL. The clerks in the various Departments, who now sel:'ms to me t o be occupying unnecessarily the time of the House. take thirty days' leave of absence under the law, have a right to do Mr. CONGER. I suggest that oue week instead of ten days be the so in order to go to and return from their several homes. The time time specified ; because a week will be broken into and lost at any proposed to be allowed by this resolution in order to visit the centen- rate. Let these employes have a week. · nial exhibition would be accounted as a part of their thirty days and Mr. BANKS. That is very fair. I modify my amendment by sub- would break in upon their usual leave of absence to that extent. I stitutinO' one week for five days. desire to give them five days' leave of absence in adilition to their :Mr. FOSTER. It is evident that this matter ought to be referred usual thirty days. to a committee to put it into proper and intelligible shape. I would Mr. KASSON. I will not object to that. !Iy object is merely to suggest a special committee. make it uniform in its application as to time and privileges. Mr. JONES, of Kentucky. I would like to offer a substitute. Mr. RANDALL. Let us make it uniform throughout the country The SPEAKER pro tempm·e. Does the gentleman from Mississippi so far as regards the .employesof the Government, andnotlet it affect [Mr. SINGLETO~] yield for that purpose T the ordinary vacation or furlough to which the clerks in the Depart- .Mr. SINGLETON. No 7 sir; I decline to yield. ments are now entitled by law. Mr. JONES, of Kentucky. Allow it to be read. The SP.EAKER pro tempm·e. The Chair suggests to the gentleman .Mr. SINGLETON. I accept the amendment of thegentlemanfrom from Iowa to reduce his amendment to writing. Michigan [.Mr. Co~GER] granting one week instead of five days. I Mr. SINGLETON. The only object I had in view was to carry out now move the previous question. the request contained in the memorial of the employes of the Gov- Mr. WHITE. I submit that one week will be insufficient. ernment Printing Office. They have asked for twenty clays; and I The previous question was seconded aud the main question ordered. have felt that we ought to give it to them. The amendment pro- Mr. WHITE. I rise to a question of order. posed by the gentleman from Massachusetts does not interfere at all The SPEAKER pro tempore. The gentleman will state it. with the thirty days' leave which is already accorded to employes in Mr. WHITE. I want to know whether it is not in order now to the Departments; it is a gratuity upon our part in the form of an vote on my motion to 1·ecommit t additional five days which they may use now if they choose for the The SPEAKE.Rpl'O tempore. It is not. purpose of visiting the centennial, as I suppose most persons would Mr. KASSON. I ask that the resolution, as it has been modified, like to do on the Fourth of July. will be read. Mr. KASSON. I suggest to the gentleman that there are in the The resolution, as modified, was read. E~ecuti ve Departments many persons who are employed, as are those The joint resolution was ordered to be engrossed and read a third in the Engraving and Printing Bureau, on daily wages, and whose time ; and being engrossed, it was accordingly read the third time, pay is not equal to th:lt of thoso for whom it is proposed to provide. and pa-ssed. Mr. LUTTRELl. And who receive no furloughs. Mr. SINGLETON moved to reconsider the vote by which the joint Mr. KASSON. And who receive no furloughs. My object is to do resolution was passed; and also moved th3lt the motion to reconsider equal justice in this particular, and to make the time allowed lona be laid on the table. enough to enable artisans and others to attend the Centennial and The latter motion was agreed to. see the exhibition fully; and this privilege should be gi veu in such Mr. KASSON. I move to amend the title by adding the words" and a way that their accumulated wages may pay their expenses to Phila- others." • delphia and back. That is the object I have in view. The amendment was agreed to. Mr. RANDALL. I suggest that if we send these employes of the Mr. WHITE. I wish to ask a question for information. Government Printing Office off for twenty days we shall have nobody Mr. BRIGHT. I demand the regular order of business. here to do the printing. BILLS PASSED. Mr. KASSON. Of course this leave is to be taken subject to regu- lations to be made by the heads of the respective Departments as to The SPEAKER pro tempore. The regular order of business is the thf' time when ~he different employes shall go, because they cannot consideration of the report from the Committee of the w ·hole on the all go at once. Private Calendar; and the Clerk will read the titles of the bills, and Mr. WHITE. I move to refer this whole subject-matter to the they will be considered, if there be no objection, as ordered to be en- Committee on the Centennial Celebration, that they may perfect tbe grossed, and being engrossed, read a third time in the case of House proposition. There seems to be such diversity of opinion that I think bills, and as ordered to a thirrl reading and read the third time in the it will be impossible for us to reach an agreement in the House. ca e of Senate bills, and that the amendments reported from the Com- Mr. BANKS. I hope that will not be done .Although there seems mittee of the Whole House as concurred in and the bills passed. to be some want of uniformity in the views of different gentlemen, There was no objection, and it was ordered accordingly. it will be found that the proposition as it stands is perfectly practi- The Clerk read the titles of the bills, as follows: cable, considering the purposes in view. The printers and binders A bill (H. R. No. 3114) for the relief of William Gemmill; are now allowed no fudough, and they have a-sked for twenty days. A bill (H. R. No. 3367) to remove the charge of desertion from the The House seems disposed to give it to them. There are other em- military record of Alfred Rouland; . ployes of the Government who are now allowed, I understand, a fur- A bill (H. R. No. 1997) to grant title to certain lands to the heirs of lough of thirty days at different seasons of the year to vi it their Caleb L. Brayton ; homes. We desire to give to these persons five days more for a spe- A bill (S. No. 176) to authorize the Northwestern Improvement cific purpose: for the public benefit as well as their own. Company, a corporation organized under the laws of the State of Why should not the proposition be allowpd to pass without being Wisconsin, to enter upon the Menomonee Indian reservation, and encumbered with other matters f Why should the gentleman from Iowa improve the Oconto River, its branches and tributaries; embarrass the question by a proposition in regard to the furlough to · A joint resolution (H. R. No. 112) to aid the Winnebago Indians of those engaged in the Printin~ and Engraving Bureau, a matter which Wisconsin to obtain subsistence by agricultural pursuits, and to pro- can be arranged at another time and in another propo .ition f Do not mote their civilization; entangle it with this question. We cannot make this matter entirely A bill (S. No. 5GU) for the relief of Benjamin L. Cornish, late second uniform. lieutenant of the Thirty-second Wisconsin Volunteer Infantry ; .Mr. WHITE. Will the gentleman from :Massachusetts [Mr. BANKS] A bill (S. No. 333) for the relief of Major },oster A. Hixon, late a allow me to offer a suggestion f There are some employes who paymaster in the Army; receive annual salaries and others who receive so mnch per day. A bill (H. R. No. 3371) to plaee Laurence A. Williams, late major Now, I submit to the gentleman whether a difficulty will not arise Sixth Cavalry Unitea States Army, upon the retired list of tile Army ; in regard to which of the employes of the Government here and else- A bill (H. R. No. 1075) directing the Second Auditor to settle the where will be entitled to these five or ten days Y pay and bounty account of John Ammahie or Ammahe ;. .Mr. B.ANKS. No, sir; that is included in the amendment I om~red. A bill (H. R. No. 1238) granting a pension to Esther P. Fox; :Mr. WHITE. I think this question can be settled in committee A bill (H. R. No. 2257) for the relief of J. 'f. McGinniss, captain of much better than in the House. Thirteenth Infantry United States Army; .1\I.r. BANKS. If a per:.son to whom this five days' leave is granted A bill (H. R. No. 3331) authorizing the Secretary of War to permit is employed by contract, he will not suffer any deduction of pa.y; but the Presbyterian Church of Gratiot, Michigan, to erect anll maintain for his absence the average amount of his pay will be :tllowed him. a wooden church building on the Fort Gratiot military reservation, That is as near as we can come to it by any amendment. I hope gen- Michigan; tlemen will allow this resolution to pass, and afterward·! will cheer- A bill (H. R. No. 559) for the relief of Almeron E. Calkins, late a. fully vote for any suppl~mentary proposition which they may intro- second lieutenant in the Eighth Michigan Cavalry; anJl duce. A bill (H. R. No. 515) for the relief of Sarah E. Garland and Frank Mr. KASSON. If the resolution be recommitted with l eave to M. Hoppin. report at any time, I think this matter can be adjusted in a few mo- SUSAN E. WILLARD. ments. I wish simply to arri ve at what is right. The SPE~R pro temp01·e. The question is next on the engross- Mr. PHILIJ?S, of .Missouri. I hope we shall have a vote. ment, thinl reading, and passage of a bill (H. R. No. 3J73)fol' tlJe re- Mr. SINGLETON. In regard to the proposition to refer this mat- lief of Susan E. Willard, widow of Sylvester D. Willard, of New York. ter to the Committee on the Centennial Celebration, I will say Mr. DURCH.A.RD, of Illinois. I should like to hear the gentleman 1876. CONGRESSIONAL RECORD-HOUSE. 4303 who reported that bill from the Committee on War Claims state why came within our lines, and after it was continuously within our lines, the subject-matter could not be considered by the Court of Claims, and under the control of our Government, and with the consent of and why it is a proper case to be brought here for the consideration the owners, that property was taken for a hospital for·our wounded of Congress t I move it be recommitte-l. men from other battle-fields arouud iu said sums until satisfactory proof shall be made of the loss of said $10,000 by the orcler. wreck of the said steamer Brother Jonathan and of the transmission of said $.)00 to The bill wa-s mad, as follows: the said William Logan. Be it enacted, d:c., That the Secretary of the Treasury be, anll ho is hereby, Mr. HOLMAN. Is this a Senate bill f directed, ont of any moneys in the Treasury not otherwise appropriated, to pay to Mr. LANE. Yes, sir. There is a report by the Senate Committee officers and soldiers "engaged in the military sen-ice of tho United States iu the on Indian Affairs accompanying tbe bill, and I a-sk the Clerk to read orably war with Mexico, nnd who served out the trme of their engagement or were hon- discharged," the three months' extra pay pro"Vitled for by the act of .July it for the satisfaction of the gentleman from Indiana. 19, 1848, in all cases upon the presentation of ::~atisfactory ovidenoo that s:lid extra. The Clerk read the report, as follows : compensation bas not been previously received. That in May, June, and July, 1865, J. W. P. Huntintrton was superintentlent of The amendment of the Committee on Military Affairs was read, as Indian affairs in Oregon, and Willia.ni Locran waa Uniteu States Intlian agent, hav- follows: ing charge of the Warm Spring agency. <.:. S.Woodworth (who sweru:s that he was chtef clerk of the superintendency) states that on or about the 15th day of May, In line 8, after the word '' cli.Scharl!ed," insert these words: "according to the 1865, the said Huntington transferred to said Logan t.h e sum of $500 of the funer, a herd of two hnndrecl and fifty. On the 19th of Novem- perior and the Mississippi, a reservation. of four se<;tions of land, ber, a herd not counted crossoo niue miles above Brownsville. About the 20th of November, two herds r:umbering five hundred; on November 24, a herd of three known as the Red Cliff reservation, was set apart for the use of that hnndred, or between seventeen linndred and eighteen hundrecl head in seventeen subdivision of the La Pointe band of which Buffalo was chief; that days. under date of February 21, 1856, the President issued his order en- larging said reservation, and that it is desirable to make allotments When it is remembered that this was a few months ago, after the of land in severalty to the Indians now residing there, in the manner cattle of the country had been reduced by ten years of continued rob- contemplated by the third article of said treaty. bery, and when the raids might reasonably be presnme(l to be checked The bill authorizes the President to cause allotments in severalty to by several fights with the raiders, an approximate idea may be de- be made of any of the lands included within the extension of said res- rived of the almost incredible extent of this robbery. ervation by the executive order aforesaid, in the same manner and Thus, step by step, day by day, through weary years of alternate upon the same conditions, including the issue of patents therefor, as hope and despondency, has this people, under the protection a.ncl al- are prescribed by the third article of said treaty. . most under the shadow of the American flag, been despoilecl by .the There was no objection, and the bill (H. R. No. 3834) was received people of our neighboring country. and read a first and second time. The markets of all the Mexican cities and villages from Matamoras The question was upon ordering the bill to be engrossed and read to Monterey have been supplied by the stolen cattle from Texas. The a third time. consul at Monterey stated that " the price of beef in the city was Mr. SEELYE. I would explain this bill if there were any occa- regulated by the arrival of raiding parties from the north." sion for any explanation further than the bill itself gives. It has Contracts for the delivery of large numbers of beef-cattle at Mon- been carefully considered by the Committee on Indian Affairs, ana.is terey were made and filled by the raiders, and the cattle were taken unanimously approved by that committee. thence further into the interior of .Mexico by thousands. The bill was ordered to be engrossed and read a third time; and be- Cortina, the chief of the robbers, (whose history will-be found in ing engrossed, it was a-ccordingly read the third time, and passed. the report of the committee,) mayor of Matamoras and brigadier- Mr. SEELYE moved to reconsider the vote by which the bill was general of the Mexican army, as well as practically dictator on that passed ; and also moved that the motion to reconsider be laid on the border, not only supplied these markets, but undertook a contract to table. furnish beef-cattle for the Havana market by a line of steamboats, The latter motion was agreed to. and stocked his own numerous ranches in the interior with stolen cattle and horses. Captain McNally, whose evidence is always care- PROTECTION OF TEXAS FRONTIER. ful, well considered, and trustworthy, states : Mr. SCHLEICHER. I now renew the motion that the Honse re- I am in possession of positive information concerning animala stolen from the solve itself into Committee of the ·w hole for the purpose of consider- people of Texa.s and canied into Mexico. I can name ranches in that conn try ing the joint resolution reported from the Select Committee on the upon which can be found 20,000 head of cattle and horses stolen from Texas, still Texas Border Troubles. bearing the brands of the Texan owners. The motion was agreed to. These vast robberies long ago would have exhausted all the cattle The House accordingly resolved itself into Committee of the Whole, of that region, but as the whole region north of this border-land is Mr. \VILSON, of Iowa, in the chair. the great cattle-ground of Texas, and settled by numerous stock- 'The CHAIRMAN. By order of the Honse the Committee of raisers, whose stock roam at large-often a hundred or two hundred the Whole will now proceed to the consideration of the joint resolu- miles from the ranches of tho owners-the cold north storms which tion (H. R. No. 96) to provide for the protection of the Texas front- frequently occur in winter drive large numbers of stray cattle before ier on the Lower Rio Grande, which will be read by the Clerk. them to the south and toward the Rio Grande, thus continually bring- The Clerk read the joint resolution, as follows: ing new prey for the robbers. Still a belt of about sixty miles has Resolved, er the cattlo and thie>es and J!ave his wo'rd to the proposition presented by us the crossing is not made obligatory, that efrect; but, up to the time of writing, nine p.m. , no cattle or thieves have been delivererl. but is a reserved power to be used only where aU other means shall Senor Rodriguez sent a communication to General Escobedo, informina him that fail. Can the Mexican government object to it 'i' Thoy cannot form- the Mexican territory was invaded by .Americans. Fifty men and an officer were ally agree to it, because the pride of their people would take offense sent to protect him. and they woold lose politically too much by making such concessions. The stolen cattle were crossed by the thieves into Ge-neral B Rcobedo's picket lines I This is from reliable persons, and Captain McNally and Lieutenant Farnsworth, But common sense should conclusively show that it would be the United States .Army, did not hP.sitate m informing Senor Rodriguez of the fnct. hei~ht of absurd pretense that they should demand of us not to molest Last evening Captain McNally had a guard stationed in front of the "Sabinito" their criminals while they themselves -are powerless to control them. ranch, where the thieves crossed the cattle, and where they reside and are protect- If this authority is resorted to, it will be a necessity incident to our ed by the Mexican authorities. The thieves fired across lhe river at the guard that night and again in the morning. Fortunately none of our boys were injured. The self-defense. They cannot in reason present the alternative tllat we fire of thi" morning was returned, but without effect further than that a house was should either continue to suffer the inroads of these robbers or else pretf(r badly riddled from the fire of our boys. incur their displeasure. As early as 1873, Mr. Fish baa declared that A ranger just in from the scene says that the Mexican authoritles had sent a this must be the last resort. force to capture the thieves. The ranch was surrounded but the game waFI not to be tound. They had timely warning to make themselves scarce. It is well blown It bas been said that the pursuit of the robbers aero~ the that the parties concerned in this cattle stealing reside at this ranch with their border should be left to the discretion of the commanding officer, families and have all their interests there. without a special authority by Congress. \Ve have considered t.his Captain McNally crossed over with three men and had a. JtOOd view of the don proposition and could not approve it. The President has in his mes- and saw the trail of the cattle. They were driven in the direction of Reynosa. Sabinito ranch is about four miles above Reynosa. The wounded thief ism that sage submitted this matter to the consideration of Congress, and if city under medical treatment. we recognize the necessity of the action which we propose it would 'l'his is the same gang of thieves that murdered Mr. Cleaveland some time ago, be unworthy of Congress and unjust to the Executive and the officers and also made an attempt to murder and rob Mr. Estapa, of this county. More anon, of the Army if we should escape the responsibility and place it entirely OJO. upon their shoulders. We do not propose to direct that pursuit should [From the Galveston News.] be made, but leave the President the judge of the necessity when it SAN ~"TOXIO, May 30, 1876. shal1 occur. Yesterday Alejos Gonzales and eight of his bands followed cattle-thieves noar The revolution which has for some time been going on in Mexico Eagle Pass. They came up with them, thirty in number, at Comanche Creek, on and near our border had temporarily changed the condition of thirty miles ea.st of Eagle Pass, and engaged them in fighting from nine a. m. to four things in this, that the Mexican government had entirely disap- p. m. The battle resulted in victory for the robbers; they Killed Gonzales and four of his men. The other four escaped, and report five of the robbers killed. peared from the scene, and that at one time the r~volutiona.ry lead- Alejos Gonzales. who was recently killed by robbers near Eagle Pass, was guite ers, Porfi.rio Diaz and others, held possession of the entire country ~ yo!ID~ man, and raised in San Antonio. He did quite a large mercantile bu8llless on our border. This has lately again changed, as the revolution- m Piedras N egras. ary forces have abandoned Matamoras and marched to the interior; and General Escobedo, commanding the forces of President Ler- GnANDBAM, TEXAS, May 19, 1876. 11 government, mere pirate,s infest- tionof States; and no wlse statesmanship has ev-er neglected the op- ing the face of the earth, and seeking a refuge now on this ~ide of portunity to sow its seeds in the fertile soil of the hearts of the peo- the river and then on that, pursued alike by both governments for . pie, and to foster its growth by all means iu its power. When the punishment and for justice. I allude to it merely as the foundation generation which will follow us in our State shall hereafter remem- of a remark which I wish to make respecting the second section of ber the dark times through which their fathers are now passing; this bill, by which the Congress of the United States, in the face of when they remember that their mothers sat through the long and all international law, in the faco of all rules existing between two weary nights, their eyes strangers to rest, and their frightened ears civilized governments, would incorporate into a !Jill passed by Con- hearing the yell of the merciless robber in the moaning of the night gress the right at the will of the President to do such acts as are wind and in the distant howl of the prairie wolf, then let them re- themselves declarations of war between civilized governments. The member also that at the time of their utmost peril their nation proposition is no less than that our Army shall cross the border; no stretched forth its strong arm and interposed its protecting shield be- less than that the military force of the United States to a greater or tween them and ruin. Then t.heir hearts and the hearts of their less extent shall pass over our border, invade Mexico, without any children and their children's children will cling to their country as limitation as to the distance it may go into that republic in pursuit with hooks of steel. Who can tell the future i 'Vho will say that the of marauders; the only limit, and not even that mentioned in the billr day will not come when their blood, freely shed on some future field would be pursuing them far enough into Mexico to reach them. of battle, ma.y maintain and save their country's honor and integrit.yf While I will join the gentleman from Texa,s in voting for any num. 4314 . CONGRESSIONAL RECORD-HOUSE. JUNE 30, ber of regiments of cavalry or of infantry that may be necessary to border one-hundredth part of what is proven here, the insnltell rna,.. protect the American citizen on American soil in his rights, in his jesty of the nation would have risen, and we would have punished it home, in his property of whatever kind, yet I should like to consider at any and all cost. before voting upon the other proposition whether I would authorize Now, sir, it is not necessary for me at this time to follow o11t tho the President of the United States to violate all the rules of interna- picture which has been presented by the ~entlema.n from Texas, [Mr. tional law, all the principles of neutrality, and pass over into the ter- SCHLEICHER.] Here is a long frontier hne. On the right bank of ritory of a sister republic, pursuiug marauders, cattle-stealers, or mur- the river, the Mexican side, is a poor and barren country, inca pablo of derers wherever our Army might desire to follow them and to any supporting the population which is now there, which i1:1 not a settled extent. and orderly population at all, not a population which sub ist.s by Whatever may have been said by the officers of our Army, whose the ordinary industries that men of peaceful habit.s carry on, but testimony has been read here, about that being the only remedy, I whic!l, according to the clear and undeniable proof presented before think they speak as men of war and not as statesmen. They may de- the committee, subsists in the main by spoliation upon our Terri- sire the commencement of a war in which they may lead their troops tories. It is a hot-bed of smugglers, marauders, robbers, and assas- into the Territory of Mexico. I know not what may be the motive; sins. And this country has shown a tolera.t.ion to this weak neighbor but for any soldier, for any 8tatesman to advocate the right of one unexampled in the history of all nations. On the other side, the left nation to send even its civil force into the territory of a neighboring bank of the river, the American side, is a delta country not very country with whom we are at ·peace would seem to be very poor thickly populated, admirably adapted for grazing, full of herds, with statesmanship. But to go beyond that and say our armies, commenc- some sma.l l ranches scattered along the line and some small towns. ing with two or three regiments anrl to increase as occasion and cir- The proof before us undeniably 1s that incursion after incursion of cumstances might require, should pass into the heart of a sister re- armed bands have crossed that river; that men known, named, de- public, it seems to me this House, this Congress is not prepared to scribed, individualized, have pushed their attacks far into the coun- &ay. Sir, if such a proposition were made in regard to one of the try; that they have threatened towns of considerable size; that they stronJ~ powers of the earth it would not have a moment~s bearing in have burned buildings; that they have murdered American citizens this House. Suppose, sir, that for some reason or other a bill was be- standing in defense of their property, upon their own soil and under fore this Congress to authorize the President to send two regiments their own flag. Are these things to go on, sir f Are they to be toler- or ten regiments into Canada for any purpose whatever, who in this ated by a country that in 1812 was ready to go to war with the strong: House would dare on such an issue and such a violation of the laws est power of the world for the individual liberty of its seamen f The of neutrality to advocate it upon this floor with Great Britain look- history is all distinct a.nd clear. There is no evasion. There is no pos- ing on in the distance. Not one, sir; and shall we do it to any dis- sibility of mistake. It comes to us from citizens of known character tracted sister republic when we would not dare do it, when we would and of established reputation. It comes to us from om military offi- not dare pass such a bill, or make such an order in the face of the cers upon that frontier. And that story accords all the way through. great nations of the earth! It is true, sir, that from the peculiarities of that country, from the I have said all I desire in calling the attention of the gentleman chaparral which covers a great portion of it near the river, from the from Texas and of the committee to the danger of inaugurating a few roads that are out through that chaparral and the by-roads civil war, which will lead to far greater loss of life, to far greater known to these marauders, pursuit along that long line of frontier is destruction of property, to far greater deprivation of the rights of difficult. The river itself is fo.r dable two-thirds of the time-is it our citizens whoever they may be than by this marauding, wlich not f must lead to measures the resnlt of which, if appreciated by Mexico, Mr. HANCOCK. It is. must result in war, must result in raising ]:uger armies, must result Mr. HURLBUT. There is a line of at. least four hundred miles of in loss of the lives of our citizens, and must result in immense ex- frontier, which is penetrable and penetrated at all homs of the J representative, attorney, or agent, have secure protection in the exercise of the rights reserved. It has shall, in any way, violate any of the pro"isions of this act, by Reeking or attempt- been suggested by a distinguished law writer "that the principal ing to obtam private satisfaction or revenge, by crossing over the line, on any of aim of society is to protect individuals in the enjoyment of those theindianlands,heshallforfeitallclaimupontheUnitedSta.teAforsuchindemnifi- · ht h · h d· h b b · bl l f cation: And provided also, That nothjng herein contained shall prevent the legal a b so1nt eng s w lC were veste m t em Yt e 1mmuta e aws o apprehension or arresting, within the limits of any State or district, of any Indian nature, unt which could not be preserved in peace without that mu- havingsooffended: .Andprovidedfurther, That it shall be lawfulforthePresident tual assistance and intercourse which is gained by the institution of of the United States to deduct such sum or snms as shall be paid for the property f · dl d ·· 1 't' " It · t · 1 th d ty 0 f th 't taken, stolen, or destroyed, by any such Indian. out of the annual stipend which . nen Y ~·ll SOCia. commum les. IS ?er amY e u . e CI- the United Statesare bound to payto thetribetowhichsuchlndian shall belong.- Izen to y1eld obedience to the laws of h1s country and contnbnte to (Statutes at Larue volume!! pa«e 143 section 14.) its maintenance, in return for which be is entitled to protection in the enjoyment of life and property. The compact is mutual, the I Section 17 "'of' au act 'amendatory "' ' of the foreg'?ing act, approved 4316 CONGRESSIONAL RECORD-HOUSE. JuNE 30, June 30, 1834, renews the guarantee of the QQvernment ancl reiter- committed by Indianst I think so. This law does not restrict the ates the obligation resting upon us. It is as follows: obligation. It merely defines the manner by which such claims That~ a~y Indian o~ Indians belonging to any tribe in amity with the United States shall be satisfied by the Cong:ress of the United States and out of the shall, W1thm the Indian country, take or destroy the property of any person law. Treasury thereof. If there be any doubt whatever, it is wholly re- fully within such country, or shall pass from the Indian country into any State or Territory inhabited by citizens of the United States, and there take, stkal, or de· moved by subsequent legislation. By the seventh section of the act strov any horse, horses, or other property belonging to :my citizen or inhabitant of of Congress making appropriations for the Indian Department, ap- the United States, snob citizen or inhabitant, his repre. entati'"e, attorney, or agent proved .May~' 1872, it is enacted- may make application to the proper su perinton dent, agent, or subagent., who, upon That it shall be the duty of the Secretary of the Interior .testigate all such claims as may be -presented, subject to the rules and his doings to the dommis ioner of Inrlian .A.ffan"R, that such further steps may be regulations prepared by him, and report to Congress at each session thereof the taken as shall be proper in the opinion of the President, to obtain satisfaction for nature, ohar:wter, and amount of such claims, whether allowod by him or not~ and the injury; and in the mean timt', in respect t ultimate indemnification restrained the spirit of retaliation, wrongs. For the poor settler, whose premises are invaded, who e removed the dis-position to seek redress by reprisals, prevented mur- property is destroyed by them, thero is no adeq nate civil remedy The der, pillage, and arson. A great incentive to violence was thereby law questions the authority of our State courts, a.nd I regret to ob- withdrawn. War, its consequent expense, as also the sacrmce of pre- serve that there is a disposition upon the part of many to refuse any, cious lives, were thereby preventefl. It wus a direct and efficient all, and every relief at the hands of the Government. It is unnocc - method of preserving peace between the settlers upon the frontier and sary for me to repeat that reservations are not within the jurisdiction the Indian tribes. One Indian wur prevented by such a policy saved of the State. Is it, then, or not, the duty of tho Government to keep a greater loss, a greater expense to t.he Government than the amounts the Indians within those limits T In my opinion it is manife tly tho required to indemnify the people for their losses. Indeed, I do not duty of the QQvernment so to restrain them. Now, then, if we fail to believo that it ever was the uesign of Congress to abandon tllis policy. confine them within the proper limits, if by our negligence we per- That it was expedient t.o deny our responsibility because of largely- mit the Indians to go beyond the same and destroy the property o{ accruing claims is an argument which possesses no moral force and is our follow-citizens-! insist, yea, I earnestly protest-that indemnifi- not true in fact. That we should maintain this rule to its fullest and cation should be made to the fullest and amplest extent out of the furthest extent while the Indiana were numerous and their depreda- Treasury of the United States. I am confirmed in my judgment. So tions consequently great and aba.n don it now, when the reverse is the long as I am a member of this body my voice shall be heard, my vote ca~e, is beyond my comprehension. Claims honest and well founded cast, and my influence exercised in favor of honoring this class of cannot, in fact, be greater now than heretofore. The worcl "expe- cbims, sustaining a moral ann maintaining a legal obligation. dient," however attractive and potential it may be to othe1'8, I am PROTECTION OF Al\!ERICA..~ L'IIIDUSTRY. free to say I do not admiro. We disregard a fundamental obligation, we withhold promised protection, and women weep and child ern starve Mr. HOPKINS. Mr. Speaker, the question of protection to American because, alasl it is" expeuient." Such a word might characterize the industries has been so often, so elaborately, aml so ably discus ed that cold, the cruel, and the selfish. Can it, however, illustrate the char- I would remain silent, except to record my vote against the pending acter of a great and generous people t bill, bnt for the fact that I rE\present a district deeply, vitally inter- The amendment of 1859, to which I have referred, is as follows : ested iu the subject. I do not propose to weary the House or fill That 80 much of the act entit.led "An act to regulate trade and int-ercourse with up the RECORD with a profound and philosophical essay upon abstract tho Indian tribes and to presorve peace on the frontier, approved June 30, 18'J4," as theories illustrated with numerous tables of .ponderous figures; but provides that the United States shall make indemnification out of the Trcasnr.v I wish briefly, yet earnestly, to protest against a change of policy look- for property taken or destroyed in oert:tin ca.ses by Indians trespassing on whi~e men, as de~cribed in the said act~ be1 and the same is hereby, repealed: Pro7Jided, ing toward freo traue. In view of the magnitude of our national uobt, however, That nothing herein oontamed shall be so construed as to impair or de. absolute free trade cannot become a possibility within the allotted st.roy the obligation of the Indians to make indomnific:;.tion out of t.h e annuities, as period of our lives, unless indeed direct taxation be substituteu for prescribed in said act. (2 Statutes at Large, volume 2, page 401, section 8.) customs duties and a swarm of ta::'f-gatherers, not as numerous but However uncertain, though I do not deem it so, may be the precise quite as odious as the plagues sent upon ancirnt E~ypt, shoulu be scat- legal obligation resting upon us, the moral obligation remains unim- tereu through the land to harrass ancl despoil. ASide from t.he ques- paired. We should not if we could avoid it. Thou~h not wholly tion of protection, it seems impossible to doubt which process of col- analogous, the principle is still applicable. If any citizen is injured lentiug revenue would be most equitable and acceptable to the people. by the action or non-action of a foreign government, be has a well- A certain sum must be raised annually to defraythocurrente:x:penaes of founded claim against such government which we are bom~d to pro- the Government and to preserve the faith which the nation has pledged tect and enforce. In the case of t.he Indians whose conduct the Gov- to the holders of its obligations. Each citizen should bear his portion of ernment measurably guarantees, the obligation is surely stronger. the common burden, should pay his portion of the common clebt. The The fact that in many instances the Indians are pecuniarily unable duties levied upon imports accomplish this result because imported ar- to make reparation should not be permitted to remove or diminish ticles are used and consumed by the general public. In this way each our liability. Such a policy would seem to give license to marimd- man makes his contribution to the Federal Treasury wit.houtthe offen- ing bands of Indiana with whom our Government will not so favor- sive personal demand of the gatherer of direct taxes. I need notre- ably treat and who are wholly irresponsible. mind this House of the discontent and outspoken indignation every- Besides, sir, it must be remembered that the law provicling for in- where seen and heard at the enforced collection of the income tax. demnification for depredation from annuities due to Indian tribes no The feeling was souniversaland intensethatthosela.ws were repealed. longer exists. Section 2093 of the Revised Statutes expressly pro- But the customs dues are collected by a process so simple and fair and vides that- · so far removed from the masses of the people that they scarcely real- No part of the moneys which may be appropriated in an:v general act or deficiency ize the fact or feel t be effect. So that, as a mere matter of convenience, bill making appropriations for the current and contin~en't expenses incurred in In· economy, and consideration for public feeling the necessary revenues dian affairs, to 11ay annuities due to, or to be used and expended for the care and should as far as possible be collected in the shape of duties on imports. benefit of, any tribe or tribes of Indians, shall be applied td by would be the suilerers. Of many illustrations of this statement I eleven bridges, whose aggregate length is about three and a half refer only to the article of Bessemer steel. But little more than ten miles. years ago steel rails of English manfacture were sold in ~ew York at " Throughout all these miles of streets are scattered the factorie , $185 per ton. Under the encouraging influence of a protective tariff the furnaces, the mills, and workshops which have originated for American capitalists built and experimented, and as each new mill Pittsburgh the sobriquet of. the Birmingham of America. What went into successful operation the price was reduced, until now the those establishments aggregate in bulk is best shown by stating that Edgar Thomson Steel Works, in my own district, one of the largest if they were placed in a. compact form they would form a body or and most complete establishments in the worlu, is turning out steel would occupy a space of eighteen hundred and sixty-seven acres, or mils equal to the best that ever were imported and at less than one- extend seventy-seven miles, giving each an average space of two third the price charged before we had any home manufactories. The hundred by two hundred feet. same result has followed with axes~ edge-tools, general hardware, ''The packages in which the glass produced in her factories is packed, cotton goods, and many other articles, and it is fair to infer that this if placed in compact shape in a. row six feet high by three broarl, experience will be continued and enlarged. Hence it appears that would extend over ninety miles each year, and the straw used to pack the encouragement given to American manufactures reduces instead it would need two thousand acres of ground to grow it annually. of increases the cost thereof to the purchaser. "The barges and tow-boats used to transport her yearly product of In order to secure this result and at the same time to maintain the coal taken out of the Monongahela River alone would, if placed in a true worth and dignity of labor, the Government must protect home continuous line, form a walk of fifty miles, -while to transport the capital against an unfair and unequal contest with foreign capital, whole product of her mines by rail would require over three thoqsand strengthened and supported by stinted and oppressed labor. .Men miles of cars~ each holding ten tons. The lumber used in her \m.sh, of large means and liberal minds, with energy and public spirit door, and box factories and planing-mills w~uld build a board walk ready to employ their wealth and to give employment to their fellow- each year ten feet broad and one thousand miles long. men, will not build furnaces and rolling-mills, gla-ss-houses, cotton- "The wages annually paid in the factories and collieries would re- factories and woolen-mills, founderies and machine-shops, and other quire one man forty-one hund1·ed and thirty-three hours, or one hun- useful industries with the alternative of being driven from the market dred and seventy-two days, to count it in single dollars, at the rate of by the competition of unpaid labor, or of being compelled to force· one hundred and twenty a minute, and would pave with silver half their employes down to the abject and pitiable condition of those dollars a street forty feet wide and one mile long. These figures pre- whose products would force this issue. But encouraged to give a sent, in perhaps a somewhat fanciful shape, some of the indications generous remuneration to honest toil, and to receive a fair return for that determine the magnitude of the city, and convey, in connection their investments, capitalists with the co-operation of cheerful labor , with the statement made of the area of the city, what Pittsburgh is will drag from the earth its crude and hidden treasures, and mold in bulk. The entire wages paid in the manufactories of Pittsburgh them into a multitude of products of universal use and of untold are over $30,000,000 annually, and the capital in the buildings and value. And thus the wonderful resources of this country are devel- machinery of her factories alone and the ground they occupy is as oped, and the. true wealth of the nation is increased. Capital and nearly as could be arrived at $43,21G,955." labor, appreciating their mutual dependence upon each other, work in These thousands and tens of thousands of artisans actively em- harmony, and the beneficent results are seen upon every hand. ployed in producing articles of necessary use in the various trades Looking at the present depressed condition of om manufacturing and in agricultural pursuits are in their turn the consumers of prod- interests, the thoughtless have said that "protection does not protect." uce far beyond the supply of that vicinity. Thus each class of cit- But it must be remembered that there is quite as much gloom and izens helps and is helped by the others. Herein consists the strongest distress and bankruptcy among the manufacturers of England. bond of unity and peace. Let all localities and all pursuits realize their And hence the argument would apply with equal force against free mutual dependence and manifest a mutual sympathy, and no tongue trade. But it is as unfair to take an exceptional period of general can describe or imagination conceive the fullness of the prosperity disaster to illustrate the- history of trade as it would be to judge the and glory which the opening century will bring to bless this nation. usual course of nature by an occasional earthquake or tempest. . Let tne policy of protection assure to ~he capitalist safety and a. fair The same men who claim that ''protection does not protect" at return for his investment, liberal remuneration to those whose brawny- 4318 CONGRESSIONAL RECORD-SENATE. JULY 1, arms are the country's best defense in war and whose intelligentjtJ.dg- IN SENATE. ment is the country's surest hope in peace, and the Republic will march on through its second century panoplied in power and exult- SATURDAY, July 1, 1876, ing in the affectionate fidelity and earnest patriotism of her happy ~nd hopeful sons. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. TEXAS BORDER TROUBLES. The Journal of yesterday's proceedings was read and approved. 1\ir. TOWNSEND, of New York. I desire to discuss this subject of HOUSE BILLS REFERRED. :be Texas border troubles, but the hour is now quite late. With the 'fhe bill (H. R. No. 2626) to authorize the Secretary of the Treasury t,asurance of the gentleman who has this joint resolution in charge to pay to the officers and soldiers engaged in the war with Mexico the ~ Mr. SCHLEICHER] that I will have an opportunity to speak upon three months' extra pay provided for by the act of July 19, 184 , was this suhject on a future occasion, I will, if it is desired, give way to read twice by its title, and referred to the Committee on Military Af- a. motion that the committee now rise; otherwise I shall feel bound, fairs. with my notions of duty, to proceed with the discussion to-night. The bill (H. R. No. 3209) to authorize the Commissioner of Indian .Mr. SCHLEICHER. The gentleman will have an opportunity Affairs to receive lands in payment of judgments to eastern band of on another occasion to address the House on this subject. I move Cherokee Indians was read twice by its title, and referred to tho Com- that the committee now rise. mittee on Indian Affairs. The motion was agreed to. PUBLICATION OF DISTRICT TAX LIST. The committee accordingly rose; and the Speakerl'rotempore having resumed the chair, Mr. SPRINGER reported that, pursuant-to the order The PRESIDENT pro tempore laid before the Senate the following of the House, the Committ.ee of the Whole on the state of the Union communication; which was read, ordered to lie on the table, and be bad had under consideration the joint resolution (H. R. No. 96) to pro- printed: OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA., vide for the protection of the Texas frontier on the Lower Rio Grande, Washington, June 29, 1876. and had come to uo resolution thereon. Sm: The commissioners of the District of Columbia, in obedience to the resolu- DANIEL CLARY. tion of the Senate of the United StateR requiring them to inform the Senate whether any costs or charges have beenfaiil by property-owners within the DLStrict for or Mr. SPRINGER. I ask unanimous consent of the House to dis- on account of the publication o the list of delinquent tax-payers piiot· to the pub- charge the Commi ttM of the Whole from the further consideration lication of such list., and, if any, what amount of costs and charges have been so paid. together with the names of the persons so paying the same, and that they of House bill No. 3147, granting a pension to Daniel Clary, a soldier furnish the Senate a copv of the contract for printing such list and tho amount of the Mexican war. 'l'bis bill was unanimously recommended by the paid under such contract, have now the honor to forward to you tho accompanyin~>' Committ.ee on Invalid Pensions, and would have been disposed of this exhibit made by the collector of the District, together with his letter in oxl?lanatiOJf. afternoon in a few minutes had the Calendar been longer considered. It will be seen that the entire amount of costs and charges colloot.od of tax:-pay. This soldier contracted a disease from which total blindness has re- the ers between the day on which the delinquent tax li.'!t was placed in the bands of printer for publication and the actual appearance of the advertised list was sulted, and from no fault of his own has been kept out of his pension fl35.75. for some years. It was part of tile agreement made with the contl'actor at the time of signing the Mr. HOLMAN. Without raising any question in regard to the pro- contract that, on account of the short time given him to prepare such an extended priety of bringing the bill before the House at this time, and reserv- list--covering twenty-seven pages of the National Republican-for publication at the very moderate price fixed in the contraet and the cost changes \\"Ould impose mg any point of order which may be raised upon it, I desire to sub- upon him, he should not be required to cut out any part of the list as furnished him mit a motion that the House now adjourn so that this matter may come by the collector, but should be paid for the whole. up to-morrow as unfinished business. The delinquent tax: payer bad imposed upon the District the expense of -prepar- M1·. SPRINGER. It will not come up to morrow as unfinished busi- ing the tax-list by voluntarily neglecting to pay hls tax, and when that list was once in the hands of the printer, to whom it was given at the latest possible date ness unless it is taken out of the Committee of the Whole, as this is for its publication on the day fixed in the tax law, the entire expense of the adver- private bill day. tising bad been met by the District. Mr. HOLMAN. The attendance of members now is very small, and The cost of publishing the entire list was $8,250.75. I do not think any legislation should be had in so thin a House. Very respeotfnlly, W. DENNISON, Mr. SPRINGER. I will move that the Committee of the Whole be J. H. KETCHAM, discharged·from the further consideration of the bill, and that it be S. L. PHELPS, now brought before the House. Commissioners .District of Oolumbia. Ron. THOS. W. FERRY, The bill was read. It directs the Secretary of the Interior to place President of the &nate. on the pension-roll, subject t.o the provisions and limitations of the pension laws, the name of Daniel Clary, a private in Company F, Fourth PETITIONS AND MEMORIALS. Illinois Volunteers in the Mexican war, and to pay him a pension to Mr. CAMERON, of Penusylvama, presented a petition of 200 sol- take effect from and after the 1st day of January, 1873, diers, of Pittsburgh, Pennsylvania, praying the passage of the bill for There being no objection, the Committee of the Whole was dis- the equalization of bounties, so as to allow each soldier, sailor, and charged from the further consideration of the bill. . marine $8.33 per month for the time served; which was ordered to The question was upon ordering the bill to be engrossed and read lie on the table. a third time. Mr. BOOTH presented the memorial of the Right Reverend Will- Mr. HOLMAN. This bill does not indicate the grade in the Army iam Ingraham Kip, bishop of California, and eight other clergymen, which this soldier held. remonstrating against the amendment to the shipping act of 1872 :Mr. RUSK. And the bill is retroactive, granting a pension back relating to merchant seamen; which was referred to the Committee to 1873, contrary to the rule which has been adopted by our com- on Commerce. mittee. Mr. WHYTE presented the petition of Elizabeth R. McCracken, Mr. SPRINGER. That is the time at which he should have received widow of Dr. Robert McCracken, late acting assistant surgeon of the his pension if he bad made application in time. United States Army, praying for a pension; which was referred to Mr. RUSK. Equitably it may be held they should all receive pen- the Committee on Pensions. sions from the date of their discharge ; but it is the rule of the com- ISSUE OF SILVER COIN. mittee not to grant any back pensions. Mr. SHERMAN. I am directed by the Committee on Finance, to Mr. SPRINGER. The gentleman will not object to this bill when whom were referred certain amendments by the House of Representa- he hears the report. tives to the amendments of the Senate to the joint resolution (H. R. Mr. HOLMAN. I move that the House adjourn. No. 109) for the issue of silver coin, to report them back and ask that The motion was agreed to; and accordingly (at ten o'c~ock and the amendments of the House to the Senate amendments be non-con- thirty-five minut.es p.m.) the House adjourned. curred in, and that a committee of conference be asked on the part of the Senate upon the disagreeing votes of the two Houses. PETITIONS, ETC. The PRESIDENT p1·o tempore. The Senator from Ohio moves that the Senate disagree to the amendments of the House to the amend- The following memorials, petitions, and other papers were presented ments of the Senate, and req nest a conference. at the Clerk's desk under the rule, and referred a-s stated: The motion was agreed to. By Mr. ELLIS : Memorial of the officers of the Citizens' Bank of By unanimous consent, the President pro tentpore was authorized to New Orleans, Louisiana, for the repeal of the law which imposes a tax appoint the conferees on the part of the Senate, and Messrs. SHER- of 10 per cent. on circulating notes issued by banks established nuder MAN, BOUTWELL, and BOGY were appointed. State charters. Also, the petition of Benjamin Singeltary, of Louisiana, for a re- REPORT OF COMMISSIONER OF EDUCATION. hearing of his claim disallowed by the southern claims commission, 1\f.r. ANTHONY. I am instructed by the Committee on Printing, to the Committee on War Claims. to whom was referred a resolution to print additional copies of the By Mr. GlBSON: MemorinJ. of E. G. W. Butler, for compensation report of the Commissioner of Education, to report it with an amend- for supplies taken by the United States Army during the late war, ment. 'fbe amendment restricts the publication to 10,000 copies for to the saine committee. . the use of the Commissioner. As we have no means of sending away By Mr. SAYLER: The petition of the leading business firms of documents except at our own cost, it seems undesirable that we should Cincinnati, Ohio, against abuses of the Union and Central Pacific print a large number of public documents. I ask for the reading of Railroad Company in rates imposed for the carriage of freights, and the resolution as proposed to be amended, and move its present con- praying for relief, to the Committee on Railways and Canals. sideration. 1876. CONGRESSIONAL RECORD-SENATE. 4319 The Chief Clerk read as follows: ANDERSON J, 6:\fiTH. Resolved by the Senate, (the House of Representatives concurring,) That 10,000 copies Mr. WRIGHT. If there be no resolutions or other morning busi- of the report of the Commissioner of Education be printed for the use of the Com- ness I ask that the Senate proceed to the consideration of House bill missioner. No. 597. The amendment was agreed to. Mr. MORTON. There was au understanding this morning that the .Mr. \-VRIGHT. As I heard the resolution read I did not understand resolution for Mr. Pinchback should be considered. what year the report is for or whether any year is named. Mr. WRIGHT. This bill will only take a few moments. The bill Mr. ANTHONY. It is for the current year. passed both Houses at the last session, and there is no objection in Mr. WRIGHT. I should be glad to have it reported a"ain. I do the world to it. not think it specifies any year. I call the attention of the Senator Mr. MITCHELL. As there was an order made for this morning I from Rhode Island to that fact. think I shall have to object. Mr. ANTHONY. I move to insert "for the year 1875." It is so in Mr. WRIGHT. I trust my friend will not object to this bill. It the original, I think. passed both Houses at the last session and fell by the way. It is The amendment was agreed to. again reported from the Military Committee at this session. There is The resolution, as amended, was concurred in. no objection to it in the world. Just the reading of the bill will PUBLIC LA.l\TDS WITHIN RAILROAD GRANTS. pass it. If there is any objection I will withdraw it. Mr. ANTHONY. The same committee, to whom was referred a res- By unanimous consent the Senate, as in Committee of the Whole, olution to print five hundred copies of 'Senate bill No. 34, have in- proceeded to consider the l;>ill (H. R. No. 597) for the relief of Ander- struct.ed me to report it back and ask to be discharged from its further son J. Smith. It directs the Paymaster-General of the Army to pay consideration. The Senator who introduced it is not inclined to press to Anderson J. Smith, late of Company A, One hundred aud thir- the motion to print extra copies. tieth Regiment of lllinois Volunteer Infantry, the pay and allowances The report was agreed to. of an assistant surgeon in the Army from May 6, 1864, to the date of LANDS CONFIRl\ffiD TO SAN JOSE. his muster out of service ou the 17th day of June, 1865, deducting whatever pay be received for that term as sergeant. Mr. BOGY. I am instructed by the Committee on Private Land The bill was reported to the Senate without amendment, ordered Claims. to whom was referred the bill (S. No. 655) to confirm to the to a third reading, read the third time, and passed. city of ·san Jose, in the State of California, the title to certain lands, to report it back without amendment. PAY OF P. B. S. PINCHBACK. 1 Mr. SARGENT. This bill simply sets the statute of limitations Mr. MITCHELL. I move to proceed to the consideration of the running. It is very simple and explains itself. I believe it is a unani- resolution relative to Mr. Pinchback's pay. . mous report from the committee, and I ask that the bill be considered The PRESIDENT pro tempore. The Senator from Oregon asks for now. the present consideration of the resolution agreed to be considered at . By unanimous consent, the Senate, as in Committee of the Whole, this time. The Secretary will report the resolution. proceeded to consider the bill. It relinquishes to the city of San The Chief Clerk read the resolution, as follows: Jose, C.a lifornia, its successors and assi~?s, all the right, title, and Resolved, That P. B.S. Pincbback, late contestant for a. seat in the Senate from interest of the United States in and to au the lands confirmed to that the State of Louisiana, be allowed an amount equal to the compensation and mile- city by the final decree of the district court of the United States for age of a Senator from the beginning of the term for which be was a contestant up the district of California by its decree entered in the cause entitled to the period of the determination of the contest by the Senate. "The United States against the Mayor and Common Council of the Mr. KELLY. I hope that will not be taken up this morning. It City of San Jose," on the 13th of June, 1866, pursuant to the decree certainly will lead to a prolonged debate. and mandate of the Supreme Court of the United States in that The PRESIDENT pro tempo1·e. The understanding was that it cause, subject to the deductions, reservations, and limitations con- should be taken up. tained in the decree. Mr. KELLY. By unanimous consentf The bill was reported to the Senate without amendment, ordered Mr. MITCHELL. It was unanimously agreed to. to be engrossed for a third reading, read the third time, and passed. The PRESIDENT pro tempore. It was superseded on another day REPORTS OF COMMITIEES. by other business, the understanding being that it should be taken Mr. BOGY, from the Committee on Private Land Claims, to whom np to-day. It is now before the Senate. was referred the bill (H. R. No. 1026) for the relief of Thomas Van Mr. KE.L L Y. I ask leave to complete a bill that the Senator hav- Dnzen and his assigns for lands, reported it without amendment. ing c~arge of this resolution will consent to. It i:-:~ the bill (H. R. No. Mr. CHRISTIANCY, from the Committee on Private Land Claims, 1316) to adjust the claims of the owners of lands within the limits of to whom was referred the bill (H. R. No. 719) for the relief of the the Klamath Indian reservation in the State of Oregon. It is a House lleirs of William Stevens, reported it without amendment, and sub- bill which was partly discussed here the other day, and I have been mitted a report thereon; which was ordered to be printed. too unwell for several days past to come to the Senate and ask to have it disposed of. I hope my colleague who has this resolution in BILLS INTRODUCED. charge will consent that this bill shall be taken up and disposed of. Mr. WRIGHT asked, and by unanimous consent obtained, leave to Mr. SARGENT. I think it was understood that the Senator from introduce a bill (S. No. 963) in relation-to the cancellation of mortgages Oregon [Mr. KELLY] should be allowed to complete the bill to which in the Disti:ict of Columbia; which was read twice by its title. he has referred. He could not find at the moment a statute that be Mr. WRIGHT. In presenting this bill I wish to say one word. wanted to refer to when the bill was last up, and therefore it went There has been reported from the Committee on the District of Co- ..over. lumbia a House bill No. 3740, providing for the recording of deeds, Mr. MORTON. This matter has been put off from time to time mortgages, and other conveyances affecting real estate in the District for the accommodation of one Senator and another, and if it is further of Columbia. I ask that this bill may go to the Committee on the postponed it might as well be abandoned. I would as soon accommo- District of Columbia; and as I see that I have the attention of my date my friend from Oregon as anybody, but there was a unanimous friend from Kansas, [MR. INGALLS,] a member of the committee, I understanding that this resolution should be taken up this morning. suggest the propriety of adding this as au amendment to the House It was agreed to without a dissenting voice that it should come up bill No. 3740, if they shall esteem it a proper measm·e. I call their this morning. I will help my friend at another time, but I think he atte.n tion at this time to it, and ask that they may report it back at ought not to press it now. their leisure, so that it may be considered; and, if they cannot report Mr. KELLY. Very well; if it was the general understanding of it back, that it may be offered as an amendment by me without ob- the Senate that this resolution should be proceeded with this morn- jection on their part, to the bill when it is taken up. I move the ing, I shall make no objection. reference of the bill to the Committee on the District of Columbia. Mr. SARGENT. I believe it was the understanding; but I hope 'fbe motion was agreed to. there will be an understand.ing that my fdend from Oregon shall Mr. CAPERTON asked, and by unanimous consent obtained, leave have an opportunity to have his bill finished. to introduce a bill (S. No. 964) for the establishment of certain post- Mr. MITCHELL. I hope so. routes in West Virginia; which was read twice by its title, referred Mr. MORTON. I object. to the Committee on Post-Offices and Post-Roads, and ordered to be Mr. SARGENT. I do not say now, but I hope after this matter is printed. disposed of the Senator from Oregon will have an opportunity to com- ~fr. INGALLS (by request) asked, and by unanimous consent ob- plete his bill. tained, leave to introduce a bill (S. No. 965) granting a pension to Mr. MORTON. After this resolution is disposed of, I shall have no Bridget Collins, wiuow of John Collins; which was read twice by objection. its title, and, with the acccompanying petition, referred to the Com- Mr. MITCHELL. I call for the reading of the report. mittee on Pensions. The Chief Clerk read the following report, submitted by Mr. MITCH- PRESIDENTIAL APPROVALS. ELL, from the Co mitt.ee on Privileges and Elections, on the 17th of A message from the President of the United States, by Mr. U. S. April: GRANT, jr., his Secretary, announced that the President had yester- Tbe Committee on Privileges and Elections, having had under consideration the day approved and signed the following acts : question of the allowance proper to be made tQ P. B S. Pinchback, late a contest- An act (S. No. 770) for the relief of Judson S. Post, of Missouri, ant for a seat in the Senate from the State of Louisiana, submit the following re- late disbursing officer of the United States Navy; and port: The great length of time that elapsed between the beginning of the term for An act (S. No. 960) to continue the public printing. which Mr. Pinchoack was a contestant aud the date of the final determination of 4320 CONGRESSIONAL RECORD-SENATE. JULY 1, ~~ . .. ~ that contest by the Senate, as also the remarkably close vote by which such contest some time since by the Committee ou Privileges and Elections, and wM decided, have impressed your committee with the belief that thefullll?easure a resolution was reported and is now on tbe Cu.lendar proposing to of compensation which the uniform action of the Senate heretofore has wven to 'pay Mr. Sykes the same compensation that he would have received, . contestants should be allowed in this case. Your committee are advised by the journals of the Senate that the rnle estab· if admitted, for the time that he was contesting. lished by thia body in similar cases is, the payment to the contestant of the amount So far as any cases have been considered by the Committee on Priv- he woula have been entitled to recei>e in case he ball been admitted and served ileges and Elections, I will say to the Senator from Virginia that they the time the contest. was pending; in other words, an amount equal to the compen- sation and mileage of a Senator for the time coYcred by the contest. have universally, I believe, been reported in a~cordance with the A few citations will suffice to show the uniformity of this rule. principle adopted in this report; and in fact in some instances they 0. B. Hart contes' in:! tho seat of ..A... Gilbert, of Florida·, was paid from the con- have gone further. For instance, in the case of H. P. Farrow and R. t-ingent fund from the 1st to 28th of April, 1870, under the followin~ resolution, H. Whitely, contesting respectively wit,b Joshua Hill and H. V. M. pa~sed May 11, 1870, (Senate Journal. second session Forty-first Congress, pages 585 and 6:14 :) Miller, from Georgiu.; they were paid from the 16th (lay of February, "Resolved, That the Secretary of the Sena~ be directed f>? pay, out of the con- 1870, to the 30th day of Jnnuary, 1871, the same compensation that tinrrent ftmd of the Senate, to 0. n. Hart., ClaliDant of a. seat lD the Senate from the they would have received provided they hn.d been admitted to their State of Florida the usual mileage of a Senator, and monthly pay from the date of seats, and also their mileage; but more liberal than this resolution pr~enling his c~edentials until the pa-ssage of the resolution declaring him not en- titled to a. seat." proposes to pay to Mr. Pincbback, they were paid from the date of H P. Farrow and R. H. Whitely, contestin~ respectively with J. Hill and H. V. theil· election, not from the date of the presentation of their cre- M. Miller, from Georgia, were paid from the 16th of February, 1870, to the 30th of dentials here; uot from the date they would have been entitled to Jannar:v, 1871. under the followin~ resolution, pasRed l!"'ebruary 25, 1871, (Senate their seats in case they had been admitted, but from the date of their Journal, third session Forty-first Con{!ress, page 369 :) "Resolved, That the Secretary of the Senate be directed to pay to H. P. Farrow election. and R. H. Whitely, contestants from thl.\ State of Gror_gia, compensation from the I will say that I have examined the records carefully, and I find no 16th day of February, 1870, the date of their election uy the re-organized LegisJa. exception to the rule adopted by the report of the committee. ture of Geor{;ia, to the 3oth day of January, 1871, when the Senate decided they llr. WITHERS. The argument of the Senator and the precedent were not entitled to seats." Foster Blodgett, claiming a seat from the State of Georgia, was paid from March upon which it is based it seems to me would go very far toward set- 4 1871, to December 19, 1811, in pursuance of the followin~ resolution, passed Jan· tling this case, provided it was carried out to its full extent; but I Tla1·y 9, 1872, (Senate Journal, secomlsession Forty-seconu Congress, page 94:) understand from him now that other contestants for this same iden- "Resolved, That the Secretary of the Sena!e )>e tlirected to pay, out of tho pay tical seat have had claims pending which have not been reporte(l and mileaae account., to Foster lllodgett., clainnng a seat as Senator-elect ft'om the State of G'eorgia, the pay and milca~e of a Senator from March 4, 1871 1 to Decem· upon by the committee; and the committee have not recommendecl ber 19, 1871, when the question of hts right to his seat was determined oy tho Sen- that this precedent which is now referred to should be carried out in ate." their case, and I wish to know w by that is so . .Again1 J. C. Abbott, of North Carolina, contestin,e: tho seat of Senator RANSOM, was paid from March 4, 1871, to the 23d of April, 18i2, under the following resolu- Mr. MITCHELL. I will state in answer to the Senat.or that there tion: was another contestant at the same time for this same seat, but he "Resolved, That Joseph C. Abbott, late contestant for a seat in this body, from abandoned the contest, as the Senator knows. the State of North Carolina, be allowed his salary from tho 4th of March, 1871, w Mr. WITHERS. It strikes me that the abandonment of the con- the 21d of .April, 187:l, and one mileage each wav.~' . This resolution was passed .April 24, 1872. (See Senate J ourual, second sesston test does uot affect the principle at all. Whether the claimant fails Forty-second Cont,rress, page 595.) . to be admitted to his seat by a voluntary abandonment of his effort Numerous other citations mi::rht be adduced; these will suffice, however, to OS· to secure it in despair of success, or whether by a vote of the Senate tablish the uniform rnle of the Senate. he is refused admission, it seems to me does not aft'ect the principle This committee, on the 8th of March, 1876, in reporting back Senate resolution No. 10, to :(lay Francis W:SykelJJ of AlalJama, contesting with SenatorSPEKCER, the on which the Senator relies. compensation and mileage of a ::senator from the 4th day of March, 1873, to the 2Rth Mr. MITCHELL. In that case Mr. McMillen voluntarily abandoned day of May, 1874, when said contest was decided, submitted (by Mr. COOPER) the the contest, and by his own voluntary adion aclmitted to the Senat-e following report: and to the country and to the governor and to his own State that he "The rnle established by the Senate in cMes similar to the present one baa been nnifmm. A person applying for a seat in this body by reason of an ~lection by the was here without a shadow of right. He loft the contest; went away; Legislature of a State, although his application has been refused., and another ad- said be did not wish to persist any further ; and he makes no claim jud-ged entitled t.() the seat, haa been paitl the amount he wonld have been entitled for compensation. It will be time enough to consider that case, I to recei>e if he bad been admitted and served the time the contest was pending. The action of the Senate upon such ca-ses has been with such great unanimity as presume, when Illr. McMillen comes here and makes application for to call for little or no debate. The reasons therefor .npon which the rnle is based compensation and mileage. can only ue surmised. It ma.y be said the person claims his eeat in pursuance of Mr. MORTON. The cases have no connection with each other. an implierl duty imposed upon him to thus assert the right of his State to be repre- Mr. McMillen presents no claim. When he presents a claim for com- sented in this body, which duty he owes to the public, and that expcnRes incurred pensation, if, will be another thing. 1 in the performance of a public duty sbonld be paid out of a common Treasury. "A proper respect for the action of a State in the choice of a Senator may also I will state to my friend from Virginia in regard to the case from justify the rnle. Alabama that this committee reported in favor of paying Mr. Svkes "The committee see nothing in the present case to take it out of the general rnle; on the same priuciple precisely. The Senator from Tenne see [lllr. they therefor recommenrl the passage of the resolution." The case of Pinchback is (consider·ing the final action of the Senate in the con- CooPER] made the report, and it is under his care. The fact that tests of the two cases) paralld with that of Sykes in this, that each claimed under it has not been considered by the Senate is because tho Senator from an el~clion by a body atljudged by the Senate afterward not to have been the Legis. Tennessee bas been prevented from calling it up by absence. I have latur of the State. 'I'he case of Pinch back, however. is much tlre stronger from always been ready to vote for that resolution as far as I am concerned. the fact that the alleged le¢glature from which Mr. Sykes claimed his election waa never recorrnized as the Lel!ialature of the State of Alabama by any of the depart- The committee reported it. ments of Government, while the Kellogg legi ..Iature of Loubiana., by which Mr. Mr. MITCHELL. I will read what the Senator from Tennessee Pinchback was elected, was recognized as the Le~islature of that State, not only by [Illr. CooPER] says in his report in that case: the State courts, but by the Executive of the ·nation, and also by the national House of Ropre ent~1tives, by admitting to its membership persons claiming seats The rule established by the Senate in cases similar to the present one has been under certi 6 cates from Governor Kellogg; and inferentially by the Senate in the uniform. A person ayplyin"' for a seat in this body by reason of an election by adoption of a resolution recognizinj!' Kellogg as the governor of the State. In: view the Legi lature of a State, although his application bas been refused, anti ano1.her of th~se judicial, ex.ecutiv11, and legislative recognition.~ of the Kollogg lejtislature, adjudged entitled to the seat, has been paid tl.te amouut he wouhl have been en- and of the fact that the Senate, arter thl'ffi years of discussion and consideration, titled to receive if he had been admitted and served thtl time the contest was was so evenly divided on the ultimate question as to Mr. Pinch back's light t~ a pending. The action of the Senate upon such cases has been with such great s~at, it would seem difficult to imagine a stronger case of reasonable cause, than unanimity as to call for little or no dtJbate. The reasons, therefore, upon which that moving Mr. Pinch back to make claim to a seat, and to persevere as he did in the rule is based can only be surmised. It may be said the person claims his that claim for over three years. seat in pursuance of an implied !lut.y impo!ied upon llim to thus assort the rf·ht Your committee, therefore, in view of the precedents and the facts of this case, of his State to be reprPsented in this body, which duty he owes to the public, nd report the following resolution and recommend it-& adoption: that expenses incurred in the performance of a. public duty should be paid on of Resolved, That P. B.S. Pinch back, late contestant for a. seat in the Senate from the common Treasury. the State of Louisiana. be allowed an amount equal to the compensation and mile- A proper respect for the action of a State in the choice of a Senator may also jus- age of a Senator from the beginning of the term for which he was a conoostant up tify the rnle. to the period of the determination of the contest by the Senate. The committee see nothinl! in the present case to take it out of the general rule; they therefore recommend the passage of the resolution. Mr. WITHERS. I inquire of the Senator who presents this reso- lution whether I am correct in understanding the argument of the Which was to pay him full compensation and mileage. report to be to this effect : that in all cases of contests here the uni- Mr. ·wiTHERS. And that has never yet boon acted on. form practice of the Senate bas been to pa.y the contestant the full Mr. MITCHELL. Never acted on from the fact as stated by the amount which wonlll have been due him ~be had been admitted up honorable Senator from Indiana that the Senator making the report to the time that his claim is denied or rej~cted 7 of the committee bas not asked for action upon it~ He has never Mr. MITCHELL. So far as I have been able to examine the prece- moved to take up the resolution. The committee stand ready, as I dents, that has been the rule. understand unanimously to-day, to vote in the Senate, whenever they Mr. WITHERS. Then I would respectfully inquire whether there have an opportnuity, to pay Mr. Sykes. have not been at least three other claimants or contestants to this Mr. WITHERS. If the Senator would accept a suggestion, then, seat; and if that be tho uniform rule and practice of the Senate, why to embody the provision for the payment of these cases which are the names of the other claimants were not incorpotated in the reso- now pending in the same resolution, I should suppose there would lution, so as to pay them all in accordance with what we are given be no difficulty then aud perhaps no objection to it; but I am op- to understn.nd has been the uniform action of the Senate heretofore T posed to making a discrimination in tw-o or more cases where the Mr. .MITCHELL. I cannot say in reference t.o that. This was the position of the parties is identical, because the report which the Sen- only case considered by the Committee on Privileges and Elections ator has just read in regard to Mr. Sykes is so similar in the position ~m this reference. 'Ihese matters are taken up separately. The case taken as to be absolutely identical in languago with that in this case, of Mr. ~ykes, a contestant from the State of Alabama, was considered and aJl the arguments which can be urged in favor of the on0 apply 1876. CONGRESSIONAL RECORD-SENATE. 4321 • with equal force to the other. I do not see the necessity or propriety never alluded te thnt when others do not share the same mea-s- Mr. MORTON. The Senator said that the committee was discrim- ure. inating in favor of the colored man and aga.inst the white man. We Mr. MITCHELL. If that were a proper thing to do 88 a ma.tterof have had enough of that sort of thing, in my opinion, Mr. President. business in the Senate, I do not know that tllere would be any par- Mr. WITHERS. Whether the Senat.or has had enough of that sort ticular objection; but there is no rea.son why we should incorporate of thing or not is a matter of indifference to me. I have this to say, the two resolutions together. They have been reported separately; that I certainly design no offense to the committee; but I do not think they have been considered separately by ~he committee; they have if my remarks are reported correctly it will be found that I asserted each been reported favorably; they are each on the Calendar ; and that the committee had made n. discrimination against one man. this one ha-s now been taken up for action. The other has not been Mr. MORTON. Yes, sir; the Senator said so. taken up simply from the fact that the Senator making the report Mr. WITHERS. I said that a discrimination should not be made, and has not asked that it should be taken up. I do not wish to compli- that if it was made it was by providing for this man and not for the cate the matter by considering the two together. Let each stand on others who are in the same position. I am per.fcctly aware that what its own merits. the Senator has said in regard to the mode of dealing with proposi- Thoagh so far 88 I am concerned I stand ready to vote for both, tions in the Senate is correct; uut, inasmuch as this proposition there is a difference and a very wide difference between the two cases, comes up in the absence of the Senator from Tenne-ssee, who has been and that difference is in favor of Mr. Pinchback, and why-T Because absent for n. long time, who was in ch'lorge of the other resolution, I the legislature that elected Mr. Sykes was what is known as the saw no objection, so iar as I was enabled to understand the question, State-house legislature, a legislature that wa.s never recognized as a to both being incorporated in the same resolution, standing a.s they legislature by any of the departments of the government in the do admittedly on precisely the same gronnther matter. Senate; and it was left in his charge. This resolution in regard to Mr. MORTON. There were two reasons, if I remember correctly. Pinch back w::tS left in charge of the Senator from Oregon, and here- One was that there was never any application made here for the pay ported it to the Seh::tte on behalf of the committee. They are iden- of Governor Thoma-s, so far as 1 know. Was there ! tical in principle precisely. The Senate would have taken up and Mr. WHYTE. I do not know. considered at any time, I doubt not, the resolution in regard to Mr. Mr. MORTON. That wa.s a pTetty good reason. The other one Sykes if the Senator from Tennessee had asked it; but the Senator was that Governor Thomas waa rejected because he was ineligible from Virginia knows very well that when a resolution is in charge of under the fourteenth n.mendment, and ca,me here in violation and de- a Senator, the eti.quette of the Senate is to let him bring it forward :fin.nce of that amendment. That I think would have b!3en another at a time that snits him, and that the Senator from Tennessee bas not reason if the application had been made; but the :first one I should brought that forward. I have always been ready to help him in sup- think would be satisfactory. port of that resolution if he would bring it forward. It was within Mr. WEST. That rule wa.s applied to all Senators who were in- his charge, but be has not brought it forward. This resolution WM in elegible. The Senators from Arkansa.s who came here in 1866 got no charge of the Senator from Oregon, and he bas brought it forward compensation. repeatedly. Now, why should the Senator from Virginia talk about .Mr. ANTilONY. I do not think the instance cited by the Senator discrimination in favor of the colored man against the white man T from Maryland is applicable, beca.nse Mr. Thomas was held to be in- Mr. WITHERS. I would beg the Senator to bear in mind that I eligible. I did not think so at the time and I voted for his admission, IV-271 4322 CONGRESSIONAL RECORD-SENATE. JULY 1, because I thought he was eligible ; but the Senat.e decided t)lat he the other branch is that, if a man should be elected to fill out the un- was ineligible, and therefore be did not come within the rule. So far expired remainingmonths of the six-years term which Mr. Plnchback as my experience goes-I never have examined the snbject-but my claimed, the moment he is admitted here, he is entitled to the full recollection is that any man who was eligible, and who came here in salary back to the beginning of the term. Such is the construction good faith. to contest a seat, has been allowed the pay and compensa- put upon the statute in the other branch, and so I understand it to be tion of a Senator from the time of his election until the decision of here. That is all wrong; it ought not to be. his case. I do not think that it is altogether a good rule. I think But, sir, for the reason I have stated, I am going to vote to com- that in many cases when contestants are subjected to very little ex- · pensate Mr. Pinchback according to the established precedents of the pense, and when the dela,y i,s very long, it is hardly good administra- Senate, because I believe (though perhaps not quite 3.8 strongly) with tion to pay them the entire compensation. But if there is to be any those who voted for his admission that he prosecuted his claim in good variation from the rule, it should be by a declaratory resolution, and faith. I believe that, from his stand-point and from the stand-point not by making a point upon an existing case. of those who supported him, he had reason to think that his case was This is a case which is exceedingly meritorious. There can be no a good one. I could not see it so; but I am not going to say that, doubt that the contestant in this case considered himself, and had a prosecuting it as he did, he shall be exoo'pted from the general rule. good right to consider himself, entitled to the seat. He was elected It was not his fault that it was not decided in nine months or in a by the body which had been recognize<.l both in Louisiana and in year or in two years. If it was postponed three years, or whatever Washington, and be received the votes of a very large nutnber, in- time, it W::I,s not at his solicitation, and therefore it should not be laid deed, of almost a majority of the Senate. It is not, therefore, I think, to his door that the amount of money thus drawn is unrumally large. one of those extreme cases upon w bich the rule should be varied. I The PRESIDENT pro ternpore. The morning hour has expired. would rather have varied it in the case of a Senator from Georgia-I Mr. MITCHELL. I ask unanimous consent to have a vote on this have forgotten his name-who came here and after a service of some matter. I think it can be disposed of now without any further dis- eight or ten clays received more thnn that many thousand dollars. cussion. Tlte question was rnised then, but it was s'lid this wn.s according to the The PRESIDENT p1'a tentpore. Is there objection to continuing invurinble rule of the Senate. the considemtion of the resolution f The Chair hears none. After this question shall have been disposed of, I think it would be Mr. SARGENT. Subject to a call for the regular oruer. well to refer to the Committee on Privileges and Elections the pro- Mr. WINDOM. I will not object if the right to ca.ll for the regular priety of passing some resolution on the subject, or some law on the order is reserved. subject, or some rule of the Senat.e, as I think has been done in the The PRESIDENT pro tempol'e. That will be understood. other House of Congress ; so that there shall be a fair compensation Mr. ALCORN. Mr. President, I a.m not one of those who have a pnid to a contestant, but not necessarily the entire pay of a member very great veneration for precedents. I hold that each Senator should o:l Congress. stand upon his own judgment on every case that is presented to him, 1\y all the departments of the Government; they elected, as was supposed, as Congressma.n at large from Louisiana, were Stnte Legislatures that passed laws that ha\'"e not yet been re- and was afterward elected to the Senate; but he did not get either pealed. But when they sent fo:tward their Senators and Representa- place. I think he never preferred anyclaim-I neve1· heard of any-.. tives to Congress they were kept waiting here for a year and more for pa.y in the House. upon the question of their admission, and they were finally turned Mr. DAWES. I diu not make the inquiry because I had any sus- a.way, and I have not up to this time ascertained that precedent bas picion on that point; but, if that were so, everybody, I think, would sufficed to give them one dollar of money in consiuera.tion of the serv- say that the sum paid there should be deducted from this allowance. ice they attempted to perform at that time. I speak knowingly on As I voted against the a.clmission of Mr. Pinchback to a seat here, this subject, because I stood just outside yonder door for a year and believing tha.t be was not entitled to it, perhaps I may be indulged a half with a commission in my pocket from a State Legislature, in mn,king a rema.1·k or two on this resolution. signed by a governor recognized by every uepartment of this Govern- I shall vote for the resolution. I shall vote for it upon this ground, meut, and I was finally, as I sa.y, with others, turned away and told that it is according to what, as near as I can learn, has been the un- we coultl not come in at all; we had no right to representation here. broken precedent of the Senate. I had occasion yesterday to give a Mr. MITCHELL. That was not a case of a contest. little history of this rule in the Honse, ancl if it would not be repeat- Mr.. ALCORN. It was a case of a contest, for we were contesting ing perhaps it would be well enough to restate it in some par- our right to seats here all the while. ticulars. This same rule applied in the House, without exception Mr. MITCHELL. The question was whether the State was en- as I stated yesterday, up to the time that the per diem was ex- titled to representation at that time. changed for a fixed salary; and afterward through tho pe1·iod that Mr. ALCORN. That was precisely the question with regard to the $3,000 salar.v was paid and after the $5,000 salary was paid for Pinchback, as I understand. It was a question as to whether the som~ time, until the cases became very marked where men would pros- State was in a condition to elect a Senator. The Senate ba.s decided ecute a contest to a seat and there was no great disposition to press that it was not. the contest. The cases would run along through the long session very Now I intend to vote for this resolution, but I intend to vote for it many of them, and then upon the final vote the contestants would precisely for the opposite reason to that given by the honorable Sen- get a very large sum of money. It was an evil, and the applica,tion ator from Massachusetts. He says that be voted against the admis- of the rule here is an evil. I think the rule adopted by the House sion of Pinch back because he did not think he was entitled to be ad- afterward is the only true rule; that is, every person who prosecutes mitted to his seat. a claim for a seat in either branch should, as an encouragement to I voted for the admission of Pincbback, believing him to be en- prosecute any claim that is e10tertained in good faith and ho has rea- titled to the seat, and for that reason alone I shall vote to pay him son to believe is an honest claim, be assured, in the interest of honest this compensation. I leave the logic of the two positions to be con- election, in t.he iuterest of the purity of the ballot-box, and in the sidered by those who may think them worthy of consideration. interest of ·those who have a. right to be represented by men of their I have not, however, understood the precedents of the Senate to be own choice, tllat, so far as· the burden of asserting the rights of his as stated by some Senators. I think the Senator from Massachusetts constituents is concerned, it should not rest on his shoulders, but he stated that· it had been the precedent when a Senator was elected to should be paid only his fair and necessary expenses. But, sir, in my fill out an unexpired term to give him full compensation from the be- opinion it should not be a means of obtaining money for any other ginning of that term. If this be true, I am greatly behind the times. purpose than defraying those expenses. That rule, so far as it h3.8 If such a precedent as that does prevail, I say it is unjust, and every been acted upon in the other branch, has had a beneficial effect. A Senator should stand ready to strike that precedent down. It is man bas every encouragement tltat be ought to have to assert his founded on no principle of justice, upon none of logic or reason; but honest claim and the honest claim of his constituents of which they it rests for its foundation upon the principles of injustice and wrong. are likely to be deprived; but no man under that rule is encouraged Not aware of anysucb precedent and holding the ideas of amanwho to make this a means of obtaining money. But the rule has not ob- was uncultivated in the arts of diplomatic legislation, when I came tained here ; and in this case, so peculiar, I am not willing myself to here a year after my term had begun, not havin~ taken my seat for a make an exception of this man. I would rather begin from a,nd after year after I had been elected to the Senate, I clauned only compensa- this to adopt a new rule than to have it said that it broke upon us in tion, as an honest man, from f,h e du,y that I arrived and was sworn in the Senate in regard to this peculiar case. as a Senator and took my seat. I lary; this is a humanitarian its Clerk, announced that the House insisted on its disagreement to work; certain gentleman in the various States are interested iu the amendments of the Senate, insisted on by the Senate.! to the bill prison reform, and they would like to confer with those in Europe. It (H. R. No. 2571) making appropriations for the legislative; executive, Is thought that &omewharein Europe a convention of this kind willt~ 1876. CONGRESSIONAL RECORD-SENATE. 4325 held, ca.lled a congress, and we want to send some one of our number containing ample information on this subject, and information in fact there at our expense for that purpose." Congress passed the resolu- which is too little used in our own system t tion in the form in which I have read it. It was a very thin edge of I say we thought we bad concluded this matter after we had paid a wedge, was it not T I suppose the idea of Congress was that thn.t the la-st expenses that could be trumped up against the United States meant something; that when we put in that express condition, n.nd and received the report, and, whatever was to be p1.inted, printed by said "Yon shall not come to us either for sa.Iary or expenses," it was the order of Congress. Unfortunately Congress had not got rid of to be a contraet and that we should not be a-sked for it. What was the subject. Monsieur Tonson came again, and, having managed to the fact f Co11o<>'Tess is unsophisticated in these matters, or rather it get that matter carefully cleared up, he comes at us again by an- forgets from year to year, and somebo(J.y has to perform the painful other joint resolution, which wa-s passed by Congress, where nothing task of recalling to the minds of f?enators the facts, when persons is said about expenses or sn.lary. A very mild-mannered resolution come here and make an agreement and have it put in n. law, and we comes next, out of which there was carefully eliminated all these forget..all about it and are ready for the next proposition in their in- conditions by which we had made it a point of honor they would terest. This reso ution was passed March. 20, 1871. At the next Con- not ask for any money-an express condition that we should not pay gress, in 1872, on page 368 of the same volume, is found printed: any money. All that was left out in the new scheme, and why was it For expenses of United St3tes commissioner to the international penitentia.ry done f It was just as well to hn.ve left in the conditions. Such stip- congress at London, in 1872, $5,000. uL.propriation in the sun dey civil bill for the "expenses of snm .370,000; but we have thought we co~d wait until next Decem- military conyicts" ~ retamed at $40,0PQ, the original estimates. ber for the balance, and therefore do not propose a.ny amendment to In the rcVlSed estimates reported by Secretary Taft, this item was reduced from $40,000to $16,000, as will be seen from the inclosed document, (Hoose Executive Doc- that portion of it; but there is a clause here appropriating $50,000 ument No. 164,) pages 6 a.nll7, marked in blue pencil. for the continuation and completion of the buildin~, although $500,000 I would suggest that the appropriation be reduced to $16,000. was estimated; and this $50,000 is absolutely indispensable to bring Very respectfully, your obedient servant, the building up above the surface of the street in order that it may J. D. CAMERON, be protected from frost. Now, in order to get a further sum for the Secretary oj War. Hon. I.oT M. MORRILL, continuation of the building, it is proposed to sell the present build- Chairman Committee on .Appropriations, United States Senate. ing, being the old Masonic temple on ·'l'renwnt street, and appropriat&- 4328 CONGRESSIONAL RECORD-SENATE. JULY 1, the proceeds of that, when received, to the purpose of continuing this submission of those plans to Congress the Senate did not agree to building, to which I think there will be no objection on the part of the plan of making provision for the Library in the Capitol build- Senators. ing. Recently we have had the Architect of the Treasury Depart- The amendment was agreed to: ment prepare designs for a separate building. There are a few hun- 1\ir. MORRILL, of Vermont. I am also directed by the same com- dred dollars required out of this thousand to pay the draughtsman mittee to present t:Be following amendment, to be inserted on page 39 for preparing those plans, and we wish to have so much of the bal- after line 931 : ance of this appropriation applied to the payment of these bills as is For tho naval monument the sum of 20,000, or so much thereof as may be neces· required. sary, be, and the same hereby is, appropriated out of an:y money in the Treasury The amendment was agreed to. not otherwise appropriated, to be exflended, under the direction of the Secretary Mr. ANTHONY. I move to amend by inserting on page 12, after of the Navy, for the purpose of oomp eting the statue of "Peace," platform, steps, line 266: and circular basin of the naval monument contracted for by the officers of the Navy wit.h Franklin Simmons, and placing the same on some appropriate part of the pub· To enable the Secretary of the Senate to pay William J. McDonald, Chief Clerk lie grounds in Washington: Provided, That the Admiral of the Navy, the chair- of the Senate, for preparing, under a resolution of the Senate of 28th June 1876, a man of f.he Committee on Public Buildings and Grounds of the Senate, the chair- new edition of the Manual, $1,000. man of the Committee on Public Buildings and Grounds of the House of Repre- sentatives, are hereby ap.pointed a committee to select and designate such place Senators are aware, the new Senators especially are unpleasantly upon the pnblio grounds for the erection of the said monument as in their judg- aware that this edition of our rules has been entirely exhausted and ment shall be meat appropriate. it is necessary to have more. I wished to get a copy the other day The substance of this proposition has already passed the Senate for a very distinguished person, a.visitor here, and it was impossible twice, once two years a~o and again this past winter, and that bill has to find one anywhere. We all ought to have some. of them. been or is to be reporteu, having been agreed upon by the CQ.lllmittee Mr. WITHERS. I ask whether there is anything necessary for the of the House with amendments which are incorporated in this propo- iesu~ of another edition except printing 7 Is there any work required sition; that is to say, the" Secretary of the Navy" has been changed to be done, except printing f to "the Admiral of the Navy" and the snm that was appropriated by Mr. ANTHONY. There is always some work required to be done, the Senate bill bas been reduced from $25,000 to $20,000, and upon some revision, some change. examination it is believed that possibly that amount may be sufficient. :Mr. WITHERS. Have there been any such important changes in Lest the appropriation might fail, it is deemed important by mem- the rules since the last edition was issued as to require any consider- bers not only of the Senate but of the Honse that the provision able amount of editorial labor to prepare the new edition f should be incorporated into this bill a.s the monument is already com- :Mr. ANTHONY. It requires not a very great amount of editorial pleted and waiting to be put up. labor to the very accomplished parliamentarian who bas to do it; but The a!Ilendment was agreed to. it would be a great deal of work for an inexperienced person. Mr. CAMERON, of Pennsylvania. I desire to offer an amendment, Mr. WITHERS. I only inquired for information. I am answered. and I will accompany it with a couple of words. It is to insert- Mr. ANTHONY. As a lawyer sometimes says, "I do not charge $50 That E. N. Atherton be pla.ood on the rolls of the Senate as messenger acting as- or $100"-I beg pardon for mentioning so small a sum in this pres- sistant doorkeeper. ence-" I do not char?,e a thousand dollars for doing this, but for knowing how to do it. ' I think it is what we have usually appro- This gentleman has been here all winter receiving the pay of per- priated. sons below that grade. I desire only that he shall have the pay giv- The amendment was agreed to. en to other people doing the same duty that he performs. Mr. ANTHONY. I am instructed by the Committee on Printing to Mr. ROBERTSON. l should like to have an explanation of the offer the following, to come in immediately after the amendment just amendment. adopted: Mr. CAMERON, of Pennsylvania. It is a very plain ca>Se, Mr. The Congressional Printer shall cause 25,000 copies of the report of the Commis- President. I am sure the Senator from South Carolina will vote for sioner of Atniculture for the year 1875 to be printed for the use of the Commission- it. It ia to pay a worthy man for the duty which he has been per- er; also 10,000 copies of the report of the Commissioner of Education for the use of forming all this session at a much less compensation th:m other peo- the Commissioner. ple get for doing the same duty. The Committee on Printing have reportei a resolution of this char- Mr. CLAYTON. What duty 7 acter. It requires no appropriation; it will be paid out of the appro- Mr. CAMERON, of Pennsylvania. Messenger here acting ns door- priation already m:tde in this bill for the public printing; but the keeper. He waits on you every day. number of copies that we give to the Commissioner of Agriculture Mr. HAMLIN. Let it lie on the talJle. and to the Commission;}r of Education for distribution is a part of Mr. CAMERON, of Pennsylvs.nia. 0, no. the machinery of their offices. It is hardly practicable for them to Mr. PADDOCK. I think this is a very proper amendment. carry on their offices, to get the information which is necessary to Mr. HAMLIN. We regulate our own messengers under our own make up their reports, unless they can make this trifling return to rules. I do not think it ought to go in this bill. I do not think the their correspondents. We receive bimontl..lly reports on the condi- Senator from Pennsylvania on reflection will insist on placing it here. tion of the crops of this country from the Co:mruissioner of A~cnl­ Let it be done by our own separate action, if it is to be done at all. ture. He must have thousands of correspondents to send h1m the Mr. CAMERON, of Pennsylvania. I hardly ever disagree with the information from which those reports are made up. They generally Senator from Maine, and I am sure if he understood this case as I do do it as a labor of love, but he returns to them, and all the compen- he would not object. sation he makes tli.em is a copy of this book. which costs forty cents. Mr. HAMLIN. Probably I should not. I have dropped out of this proposition, where it does not belong, the Mr. CAMERO~, of Pennsylvania. Therefore I trust he will make wider question of printing these books for popular distribution. I no more objection. This is a worthy ca.se for a worthy man, to pay hope that, relieved from that, this amendment may be adopted. him for just what he does. I trust it will go through. :Mr. PAD DOCK. 'Vhen the Senator some time ago reported the res- Mr. HAMLIN. I have not the slighest doubt in the world that if olution to which he refers, which was substantially the same propo- I understood it precisely ns the Senator does, I should think precisely sition as the amendment that he now offers to this bill, I offered an as he does; nor have I any doubt that if he viewed it as I do, he amendment to that resolution authorizing the printing of a. certain would think as I do. I think it does not belong on this bill. number of thousands of copies for the uso of Senators and members Mr. CAMERON, of Pennsylvania. But the Senator from Maine of the House of Representatives for distribution to their constitu- does not understand it, and I do. I trust we shall have the vote. encies. Mr. WINDOM. I trust those who understan.t it will vote ' for it, Mr. L~THONY. I hope the Senator will brinf that up at another and those who do not understand it will vote against it; and I am time and let it be disposed of on its merits. think that among sure a majority are in the latter class. those who believe that these books ought to be printed and those who The PRESIDENT p1·o tempore. The question is on the amendment believe they ought not to be there can be no difference of opinion as of the Senator from Pennsylvania. to the propriety of printing some copies for the use of the Commis- The amendment was rejected, sioner, which are a part of the machinery of the office. Mr. HOWE. On behalf of the Library Committee, I move to amend Mr. PAD DOCK. I do not now remember the exact number that I this bill on the sixth page by inserting after line 127: asked to insert at that time, but it was taken from the statistics which To enable the Librarian of Congress to employ enough clerical force to complete I had before me relating to former publications. the alphabetical index now in progress to the documents, cleba.tes, and laws of Coa- .Mr. ANTHONY. The Senator from Nebraska may not be aware gres~. $4,BOO, or so much thereof as may be necessary. For preparing a complete in(lex to the manuscripts and historical anti military that we have now upon the table a resolution, reported from the Com- letters and papers in the Library of Congress, $2,000. mittee on Printing, without recommendation, to print a brge nnm- The amendment WM agreed to. ber of the Agricult.n ral ReportR for 1874 and 1875, for popular distri- Mr. HOWE. Succeeding the amendment just made, I move to in- bution ; and I am sure the Senator from Minnesota. would prefer that sert the following: the debate which must inevitably spring up upon that question should The unexpended balance of $1,000 appropria.terl by the act for sundry civil ex- take place on the resolution ii!self, and not on this bill. penses for the fiscal year 1875 to enable the Joint Committee on the Library of Con- Mr. PADDOCK. If it is likely to give rise to any debate, I shall gress to procure plans for the accommodation of the Library is hereby re-appro- not a.sk that my proposition be incorporated here. priated and made available for the same object. Mr. WINDOM. I think it had better be offered separately. Two years ago Congress appropriated 2,000 to prepare plans for Mr. PADDOCK. Very well. . enlarging the Capitol so as to provide for the Library of Congress. The PRESIDING OFFICER. The question is on the amendment Plans wero obtained; only $1,000 of the money was expended. Upon of the Senator from Rhode Island. 1876. CONGRESSIONAL RECORD-SENATE. 4.129 Mr. LOGAN. I move to amend the amendment by adcling .to·the be subject to martial law, and forbade the transfer or assignment of clause in regard to the .Agricultural Report : their claims. I will read the section : To be distributed by him among the severo! States according to population. No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer . Mr. ANTHONY. That entirely destroys the purpose of the orig- shall canse the annulment of the contract or order transferred, so far aa t be United inal proposition. The Commissioner wants to distribute these reports States are concerned. All righta of action~, however, for any breach of such con- among the persons who send him information. I do not suppose there tract by the contractj.ng parties, are reserven to the United States. would be fifty copies sent to the State that I partly represent, be- The attention of the Attorney-General was drawn to the fact that cause it is not an agricultural State. The books, according to the this forba-de the assignment to responsible parties of a contract that original amendment, necessarily go to the agricultural States, in pro- was in hands not calculated to further the interestR of the United portion to their agricultural products. He sends them out in return States. He therefore made that recommendation to the chairman of for information that he receives; he does not take much information the Committee on .Appropriations of the House of Representatives, from us, because it is of hardly any consequence what our agricul- and it was snbcommitted to a gentleman who I understand has since ture may be. I hope the Senator wm allow the amendment to stand gone to Saint Louis. I sent for a duplicate of that letter and sub- as it is and not embarrass the Commi&<~ioner in the mode of distri- mitted it to the chairman of the Committee on Appropriations of the bution. Senate, and it seemed to meet his approbation. It was handed to my Mr. LOGAN. My object is to embarraf!s him so that he will dis- friend from Minnesota, but in some way was mislaid. Therefore I tribute them fairly. I do not want them all dist1·ibuted as they have make this statement as having been personally cognizant of the rec- been heretofore in one little pLpted. ors for war supplies in time of war under the strong and the prompt The motion to reconsider was agreed to. arm of military law. That was the effect of it, and that was all. The PRESIDING OFFICER. The question recurs on the amend- That the effect of this law has been enlarged beyond anything con- ment of the Senator from Delaware, [Mr. BAYARD.] templated by the Congress that pa-ssed it, by importing it into the Mr. SHERMAN. Under the circumstances, as .the amendment is Revised Statutes and giving it a sectional head here (3737) no one, likely to give rise to further debate and is legislative in its character, I think, can doubt. It would be to me a question of great doubt I move that the amendment lie on the table. whether the law as it stood would be applicable to any ex:cept sup- 'l'he motion was agreed to. ply contracts at all or contracts for other things than mere supplies Several Sen11tors addressed the Chair. of war; but nevertheless the law as it stands and as it has been re- Mr. .ALLISON. What has become of the amendment which I of- vised and codified does seem to have the effect to forbid action by fered some time ago, when I yielded temporarily' the heads of Departments even when they think it is strongly to the The PRESIDING OFFICER. The Secretary will report the amend- interest of the Government to permit a contract to be assigned from ment. a weak hand to a stronger one, from one incapable of carrying out The CHIEF CLERK. It is proposed to insert after line 1372: the object of the contract to one capable of carrying it out. For tbis amount., or so much thereof as may be required, to pay the expenses of I believe it is for tho interest of public service that this amend- a commissioner to be appointed by the Secretary of the Interior to appraise certain ment shall be made. The Senate can pass upon it at their pleasure. . Cherokee lands in the Indian TetTitory, in accordance with the fifth section of the act makin~ appropriations for the e:A-penses of the Indian Department approved If I had not thought it was proper I should not have recommended it. May 29, 1872, 5,000. Mr. ANTHONY. I do not wish to speak to the merits of this case, Mr. ALLISON. Tl1at is merely to comply with the treaty stipular- but I su~~est to the Senator who moves the amendment that insteacl tions which we made with these Cherokees in 1866. of amenamg the section of the Revised Statutes ho should repeal the Mr. EDMUNDS. Let us hear that treaty stipulation. existing section and re-enact a new one.. That has been done in Mr. ALLISON. If the Senator from Vermont will turn to the sev- several cases, and that ought to be done in every such case. 'Ve enteenth volume of the statute, page 190, he will find it provided: ought not to n.mend a section by inserting something or taking some- That the President of the United States and the Secretary of the Interior are ting out of it, and leaving no other clew to its meaning. Tho old hereby authorized to make an appraisement of the Cherokee lands lying wrst of section should be repealed and a new one enacted. the ninety-sixth meridian of westlongitnde, and west of the lmld of the Osage In· Mr. BAYARD. It seems to me perfectly clear that where the offi- dians, in the Indian Territory, and south of the southern line of the State of Kan- cer whom you have intrusted to make the original contract, in whose sas, &c. hands you havtl deposited that high and plenary discretion, shall de- I have here a letter from the Secretary of the Interior and a letter sire to exercise it a second time in favor of the Government, the very from the Commissioner of Indian Affairs. reason w by you have intrusted him in the first instance should a for- .Mr. EDMUNDS. Let us have the letter of the Secretary read. tiori incluce you to intrust ~im in tlle latter case. You simply give Mr. ALLISON. I will send it to the Chair. him the power of confirmation, the power of eonfirrnation enlightened The PRESIDING OFFICER. The Secretary will read the letter. by oxpcricnco. He has m..'tde a contract with a party whom he be- Tho Secretary read as follows: lievecl r.t the time capable of carrying it out. Subsequent events DEPARTMENT OF THR ll\TERIOR, Washington, June 21, 1876. disclose the fact that the party is incapable of carrying it out, and Sm: I to then you retain on your statute-books, or refuse to amend by what I stant, from the Commissioner of Indian Affairs,a copy haTe the .honor transmit, herewith, of .a letter dated the 19th in- upon the subject of the appraise- must conceive to be a reasonable amendment, a provision which ment of certain Cherokee hmlls lying w~t of tho ninety-sixth meridian of west maintains the lack of power in him to serve the Government byper- longitude in tho Imlian Te-ritory, under authority conferred in section 5 of the act mitting a transfer. making appropriation for the current and contingent expenses of the Indian De- lir. WRIGHT. I concur in what the Senator from Rhode Island partment, and for fulfilling treaty stipulations with various Indian tribes, approved May 29, 1~72. (Statutes, volnme 17, page 190.) · , has said with reference to an amendment of the statutes. I listened An estima.to of appropriation for the purpose contemplated, to the amount of to the amendment as offere(l by the Senator from Delaware and was $5 coo, accompanies the communication of the Commissioner. utterly unable to tell its connection or its ·meaning, and so it wilJ be Tho subject is respectfully presented to Cong;:ess for the favorable consideration with any person, it seems to me, who takes up this appropriation bill, of thatI have body. the honor to be, very respectfully, your obedient servant, if it is to become a law, and reads what be proposes to add to the Z. CHANDLER, present bill. He will read that such a section shall be amended by Secretary. adding thereto so and so, and it will be utterly impossible for any Hon. WILLIAM B. ALLISO~, Ohairman Committee on Indian Affairs, United Stat.e8 Senate. person to tell what that means, unle8s he gets the section itself and together roads them. We started a practico, aml a practice that I Mr. ALLISON. It is provided for in the treaty of 1866. trust will not be .a.bandoned, that when we propose to amend the Mr. EDMUNDS. I was trying to find it in the treaty of 1866. Reviseu Statutes we sh:~ll do so by re-enacting the seetion with the Mr. ALLISON. The object is to make a survey with a view of words we propose to add, or the changed words, so that when we settling Rome friendly tribes in the India!l Territory. I have also come to read the statute as thus amended we can see at once what here the letter of the Commissioner of Indian Affairs recommending it. the la.w now is. Mr. EDMU~"DS. Will the Senator refer to the article of t4e treaty I therefore trust that this proposition to reconsider '"ill carry, if under which this arises f for no other reason, thv.t the Senator may put his amendment in form Mr. ALLISON. I have not the article of the treaty before me. It to accord with what has been the practice of the Senate heretofore. is the treaty of July, 1866. For myself, I shall never consent to the amendment of any section of Mr. EDMUNDS. I have the treaty here, but the treaty is very the Revised Statutes except by a rc-enactillentofthe section itself. By long. the constitutions of many States in the Union, it is now provided ex- Mr. ALLISON. I cannot direct the Senator to the particular arti- pressly that no amendments shall be made except by the re-enacting cle. . of the section. 'Phat rnle onght to be adopted and adhered to here. Mr. EDMUNDS. These articles are too long to read until I reach I think that not a little of the trouble that occun~ in the construction the point that is material. of statutes arises from the fact t.hat we tack on ::tn amendment, a-s "is Mr. ALLISON. This is intended to apply to lands already cedeo,ooo. properly made because the necessary cost of maintaining them could t Amendments of the Senate. be greatly reduced by forwarding them to this prison constructed for Mr. WINDOM. Is it in order to move to reconsider the vote on the pmpose. I think that is the very reason why that estimate could separate amendments in this paragraph T The Senate adopted the be so red need. amendments as a whole. Mr. WINDOM. Although this discussion is out of order, I hardly The PRESIDING OFFICER. The motion is to reconsider the vote think the Secretary of War anticipated that we would build this by which the amendment referred to was adopted. The Chair thinks prison without any recommendation. So he could hardly have made it is in order. this request expecting that we would volunteer to build a prison. Mr. WINDOM. Can a motion bemadetoreconsideraportion with- Mr. HARVEY. The prison is alrearly built; and it i!l in such a out reconsidering the whole of the amendments T condition that prisoners can be incarcerated there; and this proposi- Mr. SARGENT. I trust my colleague on the committee will not tion is to build workshops wherein they may be employed. Every insist on that point. That would prevent us hereafter from taking one knows that prisoners of any kind are much better when em- a vote in gross. I think it would be a very bad precedent to set. It ployed, the discipline is better, the health is better, the morals are is very convenient to concur in the whole; but if a Senator afterward better; it is better for the community that every one should have em- found that by that he forfeited his right to act upon a separate amend- ployment even though he be restrained of his liberty for a time. It ment, it would discourage the practice. I hope the point of order, is with this view I offer the amendment. even if it be good, will not be insisted upon. The PRESIDING OFFICER. The Chair understands that the Mr. WINDOM. I suppose we are not bound by precedents in this question of order is raised on the ground that this amendment is not matter, lmt by the rule; and the rule is to reserve such amendments recommended by the head of any Department or by any standing as arc desired for sepamte action. 1876. CONGRESSIONAL RECORD-SENATE. 4335 The PRESIDING OFFICER. T.he present occupant of the chair The PRESIDING OFFICER. The Senator from Rhode Island is was not in the chair when the bill was reported from the Committee undoubtedly correct. The Chair supposed there was a separate vote of the Whole to the Senate. Whether any particular amendments upon this identical amendment that the Senator from. Maryland now were reserved, he is not aware. moves to reconsider. Mr. WllYTE. According to th~ record, if I remember correctly, Mr. ANTHONY. My recollection is that there was not. the Senator from Minnesota himself reserved the right to make an The PRESIDING OFFICER. If the vote was on the amendments amendment after the adoption of theso amendments in gross. in the aggregate, the Chair would rule that a motion to reconsider Mr. WINDOM. Not to make amendments upon the amendments any one of the particular amendments concurred in in gross woul(l already agreed to, but to offer additional amendments to the text. not be in order. · - 1\fr. WHYTE. There was a reservation, tlien, at that time. If I am Mr. WHYTE. As this is a precedent, I think we had better under- not miataken some amendments have been already reconsidered this stand it as we go along. As I understand, for the purpose oi. saving morning. the time of the Senate we permit amendments to be adopted in gross, Mr. WINDOM. By unanimous consent. and especially reserve certain amendments out merely for the con·- The PRESIDING OFFICER. The Chair does not understand the venience of the Senate. I do not understand that there is any rule of Senator from Maryland to make a motion to reconsider any particular the Senate which precludes a Senator from a.fterward moving to re- amendment; but he proposes to recoiLSider three amendments. consider a particular amendment that may have b-een adopted in gross. Mr. WHYTE. Yes; I propose to reconsider these amendments- - Hereafter, however, when Senators ask us ~o allow them to be adopted MI. SARGENT. Take one at a trme. in gross, we shall know that they mea!l to cut themselves off from Mr. WHYTE. If there is no objection, I will make the motion in every motion to reconsider that is not permitted unanimously by the that form. Senate. Mr. DORSEY. I object to reconsidering any amendment that has Mr. ANTHONY. Undoubtedly. . been adopted by the Senat-e. My understanding is that the bill was Mr.· WHYTE. never understood that rule to prevail in the Sen- reported from the Committee of the Whole, and the amendments ate before. which were not excepted to, not reserved, were adopted by the Sen- Mr. ANTHONY. It ha-s prevailed for seventeen years to my certain ate and cannot now be called up again. know ledge. How can you reconsider a vote that yon have not passed f Mr. WINDOM. I raise the point of order on this question for an- After the bill bad been reportetl to the Senate, the Senate never other reason. I am told we are threatened with a four-hours' speech adopted the motion which the Senator from Maryland desires tore- from some quarter if this vote is recoiLSidered, and I ain sure the Seri- consider. It adopted a general motion covering a large number of ate do not want that. · amendments, and t.he Chair gave notice-! presume the Chair did- Mr. WHYTE. I should like the Senator from Minnesota to inform that any Senator who desired to reserve any amendment could do so, us from what quarter he expects it. I do not think anybody has four and those amendments which any Senator desired (there were three hours' speaking in him this day ; certainly it is not I. certainly) were reserved. The Chair then put the question upon all Mr. WINDOM. It is a vague apprehension of mine, increased by the other amendments in bulk ; and they were concurred in ; and some indications I have seen and statements I have heard. then the Chair put the question upon the three reserved amendments Mr. WHYTE. I thought we were limited to five minutes. I thought separately. Now the Senator from Maryland can move to reconsider that rnle had been adopted. the vote by which the amendments made as in Committee of the Mr. WINDOM. It is very easy to avoid that rule, of course. Whole were agreed to in -b ulk. The motion to concur in those amend- Mr. WHYTE. As far as I am concerned, I give my friend from ments is a motion which the Senate has adopted, and therefore it is Minnesota fair notice that if this vote is reconsidered he will not get capable of reconsideration; but you cannot move to reconsider n a five-minute speech out of me. I only want to make a movement quarter of a vote. You must move to reconsider the whole or none in the interest of economy, and I desire to call the attention of the at aJl. If the only motion which I apprehend is in order prevails, to Senate to the fact that we are actually appropriating more money for reconsider the amendments concurred in in bulk, then all the amend- next year for the printing of these three Departments than they spent ments adopted in Committee of the Whole, except the reserved ones, last year. are open for the colli!ideratio n of the Senate and the bill is practi- ' The PRESIDING OFFICER. Will the Senator from Maryland des- cally back in Committee of the Whole again. ignate the amendment he wishes reconsidered. Mr. WHYTE. This question shall not go upon a point of order. Mr. WHYTE. I will try the question on the first. I move to re- I move, therefore, to reconsider t.he vote by which all the amend- consider the vote by which the amendment appropriating $120,000 ments of the Committee of the Whole were adopted in gross in the for the printing and binding for the War Department, in line 167, Senate, with the view only of offering this proposition afterward. page 8, was adopted by the Senate. Mr. ANTHONY. That motion is entirely in order. Now, for the Mr. WEST. Without saying anything about the merits of the sake of being enlightened, I should like to know what is the purpose proposition of the Senator from Maryland, I venture to call the at- of the Senator from Maryland in making that motion f What amend- tention of the Senate to the fact that if we embark on that practice ment does he propose to make' now there will be no end to an appropriation bill; and I ask the rul- Mr. WHYTE. I have alreadv stated. ing of t]le Chair on the :uoint whether an amendment adopted in Mr. ANTHONY. I know, but I did not hear it fully. Committee of t.he Whole and concurred in in the Senate can after- Mr. WHYTE. It is to reduce the appropriation for printing for the ward be reconsidered in the Senate. Interior Department, the Post-Office Department, and the War De- The ~RESIDING OFFICER. The Chair thinks that, these amend- partment $W,OOO in the aggregate. This is for printing the blanks. ments having been concurred in in the Sena.te, a motion to reconsider I am satisfied that if a proper investigation is made of the Congres- is in order. sional Printing Office it can be reduced next year one-half for that Mr. WEST.. Let me ask the Chair whether these amendments purpose, at least 40 per cent. have been a~eed to in the Senate or in Committee of the Whole T Mr. ANTHONY. If Congress will repeal the law by which we pay The PRE1:3IDING OFFICER. Both, as the Chair understands. to the printers here an excess, estimated by the employing printers They were first agreed to in committee and then concurred in by the rather largely I think, but estimated by them in testimony which Senate in gross. 1'he Chair. does not profess to be much of a parlia- was given before the Committee on Printing at 56 per cent. above the mentarian, ~nd has followed the advice of one better informed than wages paid elsewhere, and if we will exact of the men who work for himself in such matters. The question is on the motion to reconsider, the Government the same number of hours of labor that are exacted as made by the Senator from Maryland. of men who work for other employers, I have no doubt we c_an reduce :Hr. DORSEY. I should like to know the ruling of the Chair on the expense of public printing 25 per cent, The reason why it has the point of order. I have not understood the ruling yet. not been reduced is the fault of Congress. We pass a law by which The PRESIDING OFFICER. The Chair rules that the motion to a man that is employed by ~he Government sha11 receive higherwageB reconsider is in order. for working eight hours than a man who is employed by individuals Mr. ANTHONY. It seems to me that the Senate as in Committee receives for working ten hours, and then we complain that the cost of of the Whole passed certain amendments; the bill was then reported the Government printing is mo-re than the cost of private printing. to the Senate; the Chair then put the question, Shall the amend- It is more, of course, and the fault is our own. ments adopted in Committee of the Whole be concurred in by the Mr. WHYTE. No, Mr. President, there is another reason. The Senate T Several amendments were excepted and all the other amend- mode of charging the Departments is not a proper mode. Stereo- ments were concurred in by one vote. Undoubtedly it is in the power typed plates are used to print blanks, and when the blanks are re- of the Senator from Maryland to move to reconsider the vote by which printed the Departments are charged for composition over and over all the unexcepted amendments were concurred in, but he cannot again. I have taken the trouble to examine it carefully. · move to select one amendment and move to reconsider that because The PRESIDING OFFICER. The question is on.the motion to re- there was no vote taken adopting such amendment. You can only co~sider the vote concurring in all the amendments made as in Com- reconsider a vote which has been taken, and the vot-e which was mittee of the Whole which were concurred in in gross. taken was to concur in all the amendments with certain exceptions, · Mr. WINDOM. I hope the vote will not be reconsidered, and I and these amendments referred to by the Senator from Maryland think there is no necessit,y for it. If there is, and the bill is re-opened were not excepted. It seems to me that the proper mode of proceed- to amendment, to discussion, and a vote upon each proposition, we in~ is to move to reconsider the vote by which the Senate concurred shall not probably get through with it before midnight to-night, and in the amendments of the Committee of the Whole, and that opens perhaps not this week. So far as this question is concerned on the the w bole bill, and then it is in the power of any Senator to move to appropriation for printing in the various Departments, I think I am reject any amendment that was adopted in committee. safe in saying that it does not eA:c~ed last year's. There is no extrav- 4336 CONGRESSIONAL RECORD_:_SENATE. JULY 1, agance in this appropriation. There may possibly be a re-arrange- that if we pay out of this appropriation that is made the money ment of the items so that in some cases there is a difference, but I which he has actually paid out of his own pocket, supposing-I use think the total is the same. that word intentionally-that it was within the appropriation, we do The PRESIDING OFFICER. The question is on the motion to nothing more than 63imple justice. The Secretary of State will be reconsider. ca.reful to see that no part of this $3,000 is expended unless it comes The motion was not agreed to. within the description of the amendment. Mr. BOUTWELL. I submit an amendment to come in after line The PRESIDENT pro tempore. The question is on the amendment 1206: of the Senator from New Jersey. For the expenses of the investigation of the late election in Mississippi, 92,500. The amendment was rejected; there being on a division-ayes 16, The appropriation was $10,000. Of that sum there has been ex- noes 22. pended $8,000. The reporters have not been paid. The precise amount The PRESIDENT p'ro temp01·e. The question is on ordering the that will be due them is not now known; but it is pretty certain that amendments to be engrossed and the bill to be read a third time. the $10,000 will not be sufficient; and therefore I ask that this addi- The amendments were ordered to be engrossed and the bill to be tional appropriation be made. . read a third time. The amendment was agreed to. The bill was read the third time, and passed. Mr. WINDOM. I offer one more amendment, and I believe it is DISTRICT TAX BILL. the last. I move to insert a clause after line 1647. The committee Mr. EDMUNDS submitted the following report. struck out a similar provision, but upon further information find that The committee of conference of the two Honsea on the disagreeing votes of the there is a law providing for the service; they desire to re-instate sub- aamo upon the amendmenta of the Senate to the bill (H. R. No. 2676) to regulat-e stantially the same proposition. I mov~ to insert: the assessment and collection of taxes for the au:Pport of the government of the To enable the Secretary of' the Int-erior to c,arry into effect the act of March 3, District of Columbia, and for other purposes, havmg mot, after full and free con· 1875, to "{lrovide for the sale of the buildings and grounds known as the Detroit ference have agreed to recommend, and do recommend, to their respective Houses arsenal, m the State of Michigan, by appraising and surveying the property and as follows: advertising its salt, fl,OOO. That the House recede from ita disagrooment to the amendment of the Sena.til to said bill and agree thereto, amended as follows: The amendment was agreed to. First. In section 1, line 9, after the word "the" insert the word "assessed." Mr. CONOVER. I wish to ask the Senator from Minnesota to with- Second. In section 4, lines 2i! and 29, strike out the words "on such part or parcel draw his point of order in regard to the n.mendment I offered a little of land a.R said t.ax relates to." Third. Section 4, line 29, strike out the word "law" and insert the words "this while ago. '\.Ct." Mr. WINDOM. I am informed that there is an estimate for it, 'l.nd Fourth. Section 4, line 21, after the word "every" insert the word "secular." therefore the point of order does not apply. Fifth. Section 7, line 12, after the word "accrue" insert the following words: Mr. CONOVER. There is an estimate in the book before me. "And for want of such goods and chattelsaaidcollectormay levy upon and sell at auction in like manner the estate and interest of such person, firm, a.ssociation, or The PRESIDING OFFICER. The amendment will be reported. corporation in any parcel of land in said District-, and in that case the proceedings The CHIEF CLERK. The amendment is on page 37, nfter line ~93, as to such land subsequent to sale shall be the same as in the case of taxes against to insert: real estate as in this net provided." Sixth. Section 8, line 9, strike ont the word "said" and insert the word "such." For th~a protection of the naval timber lands, $5,000• . Seventh. Section 8, lines 20, 21, and 22, strike out the words "the stock, so far aa The amendment was acrreed to. the individual owner is CODcerned, of any corporation which is taxed on its capital Mr. FRELINGHUYSEN. I rise to offer an amendment. We had in said District, sixthly." Eighth. Section 10, lines 40 to 45 inclusive, strike out the following words: ".And a discussion here to-day on an amendment in reference to the com- the person so refusing shall be deemed guilty of a misdemeanor, and on conviction missioner to the international penitentiary congress. It appeared by thereof shall be fined in any sum not exceeding ~. to which may be added im- the statements of the Senator from Maine, by the letter from Gov- prisonment not exceeding thirty days." ernor Seymour, and by other facts, that the commissioner, Mr. Wines, Ninth. Section 10, lines 50 to 53 inclusive, strike ont the following words: "And if the return provided for in this Mt shall not be made by any firm, each member acting under the commission of the President, and in view of the act thereof resident of said District shall be liable to the J;lenalties of this act." of Congress making an appropriation of $8,000, actually expended Tenth. Section 11, line 5, after the word "value" msert the words "and the from two to three thousand dollars. Now he is a poor man, and I am shares in the same shall not be assessed against the individual owners thereof." Eleventh. Section 12, line 26, strike out the word" thereunder." free to saythat I believe there is not a Senator on this floor who, had Twelfth. Section 12, insert at the end thereof the followin~ words: "In ease tho he given Mr. Wines the encouragement that the Government gave a-ssessor!f shall fail to complete any of the duties in this act to be by them performed him to believe that the expenses which he defrayed out of his own within the times provided therefor, the taxation provided by this act shall not by pocket were to come out of that appropriation of 8,000, would not reason thereof be invalid, but such asse.'iSOrs shall proceed with nll reasonable diligence to complete such duties, and their acts sha.ll be valid, as if performed pay Mr. Wines that money, if it was the last $3,000 he had in the within the times fixed therefor." world. Thirteenth. Section 19, strike out the whole section vernment Printing Office be, and they are hereby, granted a furlouali of twent.y clays without loss of wages, that Mr. ALLISON. This will take but ·h alf a minute by the wn.tch. they may have an opportunity of attendin~ the centflnnial exposition; that a fur- Mr. CONKLING. I made my request first. lough of one week Without reduction of pay be allowed to the employes of the other Mr. MITCHELL. I hope the resolution will be taken up. Executive Departments for attendance at the centennial exposition at such times The PRESIDING OFFICER. The question is on the motion of the as in the judgment of the chief officer of said Departments it may be done without detriment to the public service. Senator from Oregon to take up for consideration the resolution named by him. Mr. SHERMAN. I want everybody to go to the Centennial, and I The motion was agreed to. think it would be welt enough to offer a. proviso for an appropriation CHANGE OF NAME OF STEAMER. to authorize every able-bodied citizen of the United States to go from his home, where he is engaued iu private pqrsuits, to Philadelphia Mr. CONKLING. Now, I ask , having permission of the Senatorfrom and enjoy for one week the hospitalities of that city and the fare of Oregon, to take up a little bill to change the name of the steam-pro- the crowded hotels there, and to pa.y him a reasonable price for it. peller Senator M1ke Norton to America, which was reported n·om the There is no reason why because a. man is au officer of the Govern- Committee on Commerce a good while ago, and to which I think there ment of the United St.'lltes he should be invited at the expense of the can be no objection. Government to go to attend the centennial celebration. I have aa By unanimous consent, the bill (H. R. No. 702) for changing the much sympathy for those in the employ of the Government as any- name of the steam-propeller Senator Mike Norton to America was body ought to have; I think I have as much as most persons have ; considered as in Committee of the Whole. but there is no reason why we should discriminate in favor of a. per- The bill was reported to the Senate, ordered to a third reading, read .son holding an office and pay his expenses to the centennial, because the third time, and passed. the practical effect of this is to give him for twenty days or what- SUPPLIES FOR INDIA..."i BUREAU. ever the time may be the wages allotted to him for his services while Mr. ALLISON. I now ask the Senator from Oregon to yield to me he goes to the Centennin.l. It is a great deal better for us to appro- that I may ask to take from the table House bill No. 3839. It .is very priate money enough to add to the limited supply of the poor people important that the bill should pass to-night. of t.his country who by hard labor are hardly able to collect money Mr. MITCHELL. I yield for that purpose. en~ugh in the course of a year to pay their expenses, rather than pay The bill (H. R. No. 3839) to authorize the Commissioner of Indian those of persons who are liberally paid by the Government of the A:fl'airs to purchase supplies for the Indian Bure$1.U in open market United Stntes. Whatever may be said about it, the Government of wn.s rM-d for information. It authorizes the Commissioner of Indian the United States pays more for all employments, except the highest, Affairs to purchase in open market, without the usual advertisement, th3n any other employer in the United States of America. We have for imme"diate use of the Indian tribes, such supplies as are required, an eight-hour law as to the Government employes; we have a higher to an extent not exceeding $150,000, which is appropriated for t·h~ rate of wages for Government employes, except only those who per- purpose to serve until the regular appropriation bill shall be pa-ssed form what are supposed to be the highest functions of official life. and approved, and the time now required bylaw for advertising and Under the circumstances, for us to suspend all the operations of acceptance of proposals shall have elapsed. The sum so expended is the Government and pay all our employes, postm!l.B~ and every- to be deducted from the appropriate sums respectively appropriated body else their wages, while they go to Philadelpl.Jia, is an extraordi- under the regular appropriation bill when passed. · nary proposition, to say the least. Although some people may think Mr. ALLISON. I desire to explain in a xp.oment the ohject of this it is hypocritical, I have no doubt it wna actuated by kindly feelings bill. Under existing law the Commissioner of Indian Affairs can and good motives. No doubt my friend from Illinois thinks it will only purchase supplies after advertisement for thirty days. The fisc!ll be a kind and generous thing to do to the Government employes; year begins to-day. It is absolutely necessary that temporary sup- and yet it seems to me that it will neither be popular with the mass plies should be furnished at certain places. The House of Representa- of the people who do not hold office but who attend to their business tives have authorized him to use 150,000 for that purpose, which shall and add to the wealth of this conn try by their private employment, nor be deducted from the regular appropriations when made, and allowetl will it be right and just to the employes themselves. I am opposed him to purchase in open market to that extent these necessary tem- to all discriminations in favor of employes a.s against the mass of the porary supplies for the Indian service. I hope there will be no ob- people of the United States. I am opposed to yonr eight-hour law jection to the bill, as it ought to pass to-night. when it is applied to Government employes and not to private citi- Mr. MORTON: If it gives rise to any argument I shall call for the zens. I am opposed to every discrimination in favor of those who, regular order. after earnest seeking, hold public office. There being no objection, the bill was read three times, and passed. Now, Mr. President, the best thing we can do with this bill, in my judgment, is to lay it upon the table. I do not make the motion now MESSAGE FROM THE HOUSE. if any Senator desires to speak. A message from the Hoose of Representatives, by Mr. G. M. ADAMS, The PRESIDENT pro tempore. The question is on taking it up. · its Clerk, announced that the House had agreed to the first and sec- Mr. SHERMAN. Then I shall vote '1ga.inst taking it up. I sup- ond amendments of tile Senate to the bill (H. R. No.1771) to declare posed it WaB taken up and was pending and so I made my speech a forfeited to the United States certain lands granted to the State of little ahead of time. Kansas in aid of the construction of railroads by act of Congress ap- The PRESIDENT pro tempore. A single objection will prevent its proved March 3, 1863, and had dis..'tgreed to the third amendment of being taken up now. · the Senate to the said bill, asked a conference with the Senate on the Mr. SHERMAN. If a single objection will do it, I would rather disagreeing votes of the two Houses thereon, and had appointed Mr. object myself. I do not want to cut off my friend from IDinoismak- J. R. GOODIN of Kanssts, Mr. B.S. FULLER of Indiana, and Mr. J. W. ing any remarks on the su~ject, but if a single objection will prevent , McDILL of Iowa, managers at the conference on its part. its consideration I will make it when he gets through, if I do not The mess1l.ge also announced that_,the House had passed a joint waive my right to make it. IV-272 4338 CONGRESSIONAL RECORD-SENATE. JULY 1, The PRESIDENT pro tempore. Not at all. properly when I refuse to reduce a salary that is only $5,000 down to Mr. SHERMAN. Then I withhold it. $4,500, when I know the man cannot pay his expenses out of it, they Mr. LOGAN. I have but a word to say. As far aa the question of can correct me. They will have to instruct me certainly if they do popularity is concerned, it did not occur to me at all. I do not sup- get me to vote for any such thing, for it is not the correct kind of pose any person would be advanced very much by voting to extend legislation. The legislation thali is attempted this session is legisla- a kindness to men who hardly ever vote and who have so little to do tion for the purpose of obtaining the labor of men who are not quali- with elections as those in the Printing Office here. fied to perform the duty, getting clerks in the Departments here at a Mr. SHERMAN. It applies to all employes, as I understand. small amount of money, men that cannot be employed at home per- :Mr. LOGAN. It applies to the printers in the Public Printing Of- haps to do anything. 'fhat is the class of men you will get when yon fice and to the clerks in the Departments at the discretion of the beads give them inadequate pay, and the class of men you will get in these of f·he Departments. That is the language of it. Chambers, too, when you do not pay properly. Poor men who havo Mr. ANTHONY. May I ask my friend from Illinois does it apply nothing but their reputation and ability cannot come here to legislate to the clerks in the Departments at Washington alone, or to all clerks f for the people if they are not compensated, and the result is to give Mr. LOGAN. The best way to understand it is to have it read the legislation into the hands of the rich and deprive the poor of a aga.in. chance. That has been the tendency in legislation hero for a while, Mr. HAMLIN. Let it be read. and an attempt is made now to legislate so that bankers and mer- The joint resolution was read. chants and railroad men :tnd rich men ,can come here and legislate Mr. MORTON. I wish to ask a question of my friend from Illinois for themselves instead of legislating for the peop1e. That is there- whether in the Government Printing Office most of the employes do sult that will be produced. You legislate to bring here a cla s of not work by the piece, so much for w bat they do of a particular kind business men in this country that have an income sufficient to enable of work; and, consequently, if they are absent their wages are stopped' them to come here .and spend their time, and their legislation is al- Mr. SPENCER. I think t.bey work by the day; and, if they are ways for themselves. 'llmt has always been the experience of this absent a day, they lose their wages. country and every other when people were called to legislate because Mr. LOGAN. I cannot give the information, for I know nothing they received no p1oy for it or to do any duty for which they were about how they are employed. This resolution passed the House, not paid properly. which appears to be the economical body of this country now, and As I said, I am willing to give these clerks this allowance. I agree this is part of the evidence of it. A committee of very nice gentle- with the Senator from California that it is strange legislation for the men waited on me, and I thought it was not very wrong to give them House. They cry economy all the time until they think they can this time, and they asked me as a favor to call up the bill. I said I ma,ke a little political capital, ~nd then they do not care what it would do so. I am in favor of the bill. costs. I have no doubt this bill will cost the Government some Mr. CONKLING. Will the Sen:ttor allow me a word f money, and I am willing to vote it and ~ive these employes the time, Mr. LOGAN. Certainly. because I believe the clerks here do theu duty, are hard worked, and Mn CONKLING. I should like to ask as a matter of fact what is I believe they are just as much entitled to go to see the centennial the rule in the Departments about the length of leave of absence to exposition as anybody else. They are poor and have not the money, which the clerks are entitled in a year. and I am willing to vote them twenty days' time that they may go. Mr. LOGAN and others. Thh-ty days. I do not do it on the ground of economy, for I am not one of the men Mr. WEST. Thirty days with pay. always crying economy and then votin~ all the money I can get a Mr. CONKLING. And what in the Government Printing Office t chance to vote away. I believe in salaries that will pay men for the Mr. LOGAN. I do not think they have any leave in the Govern- labor they perform. I do not want to give t.hem extravagant sal- ment Printing Office. I do not know that fact; but I have been told aries, but to deal fairly and honestly with them. I do not believe in they do not grant leaves of absence in the Printing Office; but in all demagogism, I do not care whether it comes from republica,ns or the other Departments the clerks have thirty days with pay. If the democrats. I bate a demagogue and always have and always sh'tll. leave of absence is longer than thirty days, no pay is given for the Mr. .MORTON. I do not agree with the remarks made by the Sen- time beyond the thirty days. This adds five days in this year for this ator from Ohio. Peoplo in private business can go and come when purpose to the Governnumt clerks over and above their thirty days, they please, according to their ability; but if these clerks leave their and gives to the printers in the Public Printing Office the time that places without permission, they are in danger of losing their offices. is allowed to other employes. That is the way I understand the bill. Their case is, therefore, SOitlewhat different from the case of people Mr. SARGENT. It occurs to me that as the dead lock between the who are engaged in private business. House and Senate bas been because the Senate has resisted the scal- It is said that the clerks in the Departments have a leave of thirty ing down below the possibility of living of the cleru and employes days every year without a loss of pay, but that the employes in the of the Government, we resisting the proposition made by the House Printing Office have no leave at all. I trust, therefore, that they will as one of rigid economy, this is a very singular bill to be sent to us be allowed to go there and see the exhibition if they desire to do so, from the House at the present time. and that additional facilities will be extended to the clerks in the Mr. LOGAN. I admit all that, but at the sn.me timA I am for it. Departments. I hope the people of the United States will generally If the bill was left to me, I would probably not have introduced it. go there and see that exposition. I think Congress adjourned about I think it is a very strange bill to come from the House, but not a a month :tnd ~half ago for some days, and most of the members strange bill for the Senate, because the Senate has been willing to do went there. I went myself. We adjourned over, I think, three or justice and right to these clerks all the time. four days, and, if my recollection is correct, we adjourned once last Mr. SARGENT. I believe that; bnt while it is a question whether winter and went over there and had a reception and a banquet given we can really get them a decent living in exchange for a fair day's us. I suppose they will hardly give the clerks a banquet. But there work, it seems to me we bad better wait before passing this bill. I has been no objection on the part of Congress to an adjournment even (lo not believe in giving men cake and luxuries while we are depriv- when the exhibition was not going forward as an exhibition or was ing them of the absolute necessaries of life. Let us secure their right just opening, and I think it would hardly be liberal to deny this to to live at all, and then we can talk 'lbout giving them holidays. the clerks. Let us do by them as we are willing to do by ourselves. Mr. LOGAN. Uniformly in this body since 1 have been bere-Ido Mr. ANTHONY. When we adjourned to go to Philadelphia we nec- not know that I had the opportunity in the other House before I essarily prolonged the session by just the number of days that we came here, but if I bad I certainly :1eted in the same line-! have took an adjournment for. If we take the money of the people to give not been one of those representatives -of the people who have always this favor to the employes of the Government of one description, why been talking about high salaries, and trying to cut down a few dol- are we not bound to do the same for the other employt'ls f Why not lars for the purpose of demagoging before the country. I despise the employes of the navy-yards and the arsenals; why not those in that kind of demagogism, for it is very small and very cheap. 'fhe the custom-houses and in the post-offices'/ Why confine it to those people of this country in intelligence look upon it as being very small in the city of Washington f Is an employe of the Government in the and very cheap. I never have voted in this Senate for a reduc- city of W ashingtou entitled to more consideration than one in In- tion of salaries. I never have believed they were too high ; I do dianapolis or Providence f Why should they not all go f not believe they are to-day ; but I see the attempt made. Here are 'fhen, again, I would respectfully suggest why should a man who Senators getting $5,000 a year for sitting here and working day and is in the employ of the Government receive a favor that is not given night. I believe they are as bard worked a set of men as there are to one that is not in the employ of the Government T It seems to me in the United States, and they get less money than their ability that in order to make the proposition fair and equal it should be ex- would bring them in a common mercantile house, in a railroad office, tended to all the citizens of the United States, and as I am a woman's or anywhere else; and yet we find a certain class of gentlemen who rights man, I should say, without distinction of sex, all should have a are so eager to please their constituents that they want to cut down chance to go to the Centennial, and t.he week's or twenty days' fur- 10 per cent. one year and then commence back the next year. I call lough should be paid for by the Government. that demagogism of the smallest kind and character; and the cut- Mr. LOGAN. Now, I should like to ask the Senator from Rhode ting down of a poor clerk's pay $50 when be gets but $1,500, is a piece Island one question. The Senator is a very frank man and certainly of the smallest, least, petty demagogism that I ever knew of any- is as devoid of anything like unfairness as any gentleman I know ; where in a deliberative body. but does he think that is a fair argument to say" extend it to all cit- When men go before their constituents and show them that the izens of the United States f" The citizens of the United States are pay is only what it ought to be and that they can hardly live on it, free; they can do as they please. These people are not; they cannot if we have intelligent constituents, those constituents will sustain go unless they have permission, and that permission has to be by a them always. If my constituents think tbat I am not legislating law of Congress. 1876. CONGRESSIONAL RECORD-SENATE. 4339 Mr. ANTHONY. Grant them permission; but we grant them per- The Chief Clerk read as follows : mission without rebate of pay. In effect we pay them their expenses. Be it enacted, &c., That so much of the e25,000 which, under the second section Mr. LOGAN. So yon do; but every officer of the United States of the act entitled "An act to aid in the improvement of the Fox and Wisconsin Government in the Army or Navy under the law to-day is entitled to Rivers in the State of Wisconsin, " approved March 3, 1875, is appropriated to the thirty days' leave every year on pay. So you have a law in reference payment of the property taken under said act as is required to pay the salaries of commissioners appointed by the court to assess the damages for the property so to aU your employes in the Post-Office Department. The post-office taken and other necessary legal fees may be applied by the Secretary of War to in your own town gives thirty days' leave of absence; so they do in such uses. mine a.nd everywhere else. . The PRESIDENT pro tempore. Shall the bill pass notwithstand- Mr. ANTHONY. Do the private soldiers have it, or the officers ing the objections of the President f onlyf Mr. CONKLING. Let us hear read the papers to which the mes- Mr. LOGAN. Officers, and private soldiers too. sage refers. Mr. ANTHONY. Does a private soldier have thi~y days' leave of The Chief Clerk read as follows: absence every year! WAR DEPARTME~'T. Mr. LOGAN. I do not remember that he does. That depends upon Washington Oity, June 28, 1876. whether the officers grant it or not; but leaves of absence are always Sm: I have the honor to return herewith Senate bill No. 692 to amend chapter granted in the Army to men who do their duty, whether private soJ diex:s 166 of the laws of the second session of the Forty-third Con_g-re.~s. and beg to in- or officers. We have a law giving them absolutely thirty days' leave vite your attention to the report of the Chief of Engineers, dated t.be 27th instant copy inclosed, and for the reasons stated in said report it is believed the bill should of absence where they cn.n go, and the officer cannot prevent them. not become a. law. · It applies to all officers of the Government. So I do not see any great Very respectfully, your obedient servant, hardship in this. A few printers here do not get leave of absence, and J. D. CAMERON, this is to allow them to have it and to give five days more to the Secretary of War. The PRESIDENT. clerks in the Departments at n. time when the heads of Departments OFFICE OF THE CHIEF OF EXGlliEERS, June 27,1876. think they can spare them from their employment. A few can go at Respectfully returned to the honorable the Secretary of War. a time. I do not think there is anything wrong in it. An act to a.id in the improvement of the Fox and Wisconsin Rivers in the State The PRESIDENT pro tempm·e. The questiCln is on taking up the of Wisconsin, approved March 3, 1875, cont.'lins the following clause: Honse joint resolution moved by the Senator from lllinois. "In case any lands or other property is now or shall be flowed or injured by means of any part of the works of said Improvement heretofore or hereafter constructed Mr. SHERMAN. Very well; let the Senate take a vote upon it. for whir h compensation is now or shall become legally owing and in the opinion of Mr. PAD DOCK. I hope the Senator from Ohio will withdraw his the officer in charge it is not prudent that the dam or 'dams be lowered, the amount objection. of such compensation may be ascert-ained in like manner," &o. Mr. SHERMAN. I will let the Senate decide the question. The dams referred to in t,he above clause a.re at the outlet-s of Lake Winnebauo known as the Neenah or Menasha channels of the lower Fox River. .. ' The PRESIDENT pro tempore. The Senator from Illinois moves to The officer of the Department of Justice appointed under the provisions of the act take up this joint resolution for consideration. referred to to represent the interests of the United States in legal proceedings "for Mr. SHERMAN called for the yeas and nays, and they were ordered; flowage damages hereinbefore described," acting appll.l'ently under the assumption and being taken resulted-yeas 14, nays 25; as follows: that, because the dams in question had not been low~red, it was the opinion of the oftcer in charge that they should not be lowered, has bad such sur,eys, investiga- YEAS-MesSI'S. Allison, Bruce, Cameron of Pennsylvania, Cameron of Wiscon- tions, &c., made as were deemed necessary by him to protect the interests of the sin, Caperton, Christiancy, Ferry, Hitchcock, Logan, Morton, Paddock, Patterson, United States, and under this action it is understood that, at the instance of claim- Spencer, and Windom-14. ants. judges of the circuit court have appointed commissioners to decide on the NAYS-Messrs. Anthony, Bogy, Boutwell, Clayton, Cockrell Conkling, Ed- a.moimt of compensation due, and the judges have fixed the rate of compensation munds, Frelinl!"huysen, Goldthwaite, Gordon, Howe, Ingalls, Key, McCreery, the commissioners are to receive. These commissioners a.ro not appointed at the Maxey, Mitchell, Morrill of Vermont, Norwood, Robertson, Sargent, Saulsbury, instance of the United States. Sherman, West, Whyte, and Withers-25. In this way the awards for damages have alrc:ul;v been made to the amount of ABSENT-Messrs. Alcorn, Barnum, Bayard, Booth, Burnside, Conover, Cooper, $70,000, and ultimately a. much larger sum will beclauned to be due from the United Cragin, Davis, Dawes, Dennis, Dorsey, Eaton, Hamilton, Hamlin, Harvey, John- States. ston, Jones of Florida, Jones of Nevada., Kelly, Kernan, McDonald, McMiHan, 'fhe officer of en¢neers in charge of the improvement of the Fox and Wisconsin Merrimon, Morrill of Maine, O~esby, Randolph, Ransom, Sharon, Stevenson, Thur- Rivers reports that the dams which have occasioned the flowal!"e were not con- man, Wadleigh, WalJ.ace, and wright-34. structed by the canal companies and are not at all necessary for the purposes of navtg~ttion, and, so far as that is concerned, could not only be lowered but entirely So the motion was not agreed to. dispensed with. They were built by private parties solely for their own use and profit and for MEETING IN INDEPENDENCE llALL. water-power pm-poses, and have raised the water-level and caused the flowage for which they should be held liable. ' The PRESIDENT pro tempore. The Chair will lay before the Senate In view of the precedin$ fact-s, and for the additional reason that the subject of a joint resolution from the Honse. the liability of the Unitea States is now being investigated by tho Department of Mr. SARGENT. I move that when the Senate adjourns it be to J ust'ce, it is respectfully suggested that the mclosed act to amend chapter 166 of the laws of the second session of the Forty-third Congress (S. 692) should not be- meet on the 5th instant. I want an opportunity to have the motion come a law. voted on. A. A. HUMPHREYS, ThePRESIDENTpro tempore. TheChairwillgivethe opportunity. Brigadier-General and Ohief of Engineers. Mr. SARGENT. Very well. Mr. HOWE. I move that the message and the bill lie upon the The joint resolution (H. R. No. 140) authorizing Congress to meet table. in Independence Hall, Philadelphia, on the 4th of July, 1876, was read The motion was agreed to. the first time. It declares that the two Houses of Congress will meet in joint convention in Independence Hall, Philadelphia, on July 4, HOUSE BILLS REFERRED. 1876, at nine o'clock a.m., for the purpose of pa&Sing appropriate The bill (H. R. No. 3374) for the relief of Harry E. Eastman, late resolutions in commemoration of the great event which in that same lieutenant-colouel Second Regiment Wisconsin Cavalry Volunteers, hall one hundred years ago brought this nation into being. was read twice by its title and referred to the Committee on Military The PRESIDENT p1·o ternpore. The resolution will be considered Affairs. read the second time-- INVITATION TO PHILADELPHIA FOR JULY FOURTH. Mr. EDMUNDS. I do not want it considered read the second time. The PRESIDENT pro tempore. The Chair bas received a written Mr. LOGAN. I object to taking it up. invitation on the part of the Centennial Commission to the Senate of COURTS IN FOURTH CffiCUIT. the United States, inviting the Senate to be present at Philadelphia at the ceremonies on the Fourth of July, Tuesday next. The com- The PRESIDENT pro tempore laid before the Senate the amend- munication will be read. ments of the House of Representatives to the bill (S. No. 769) to alter The Chief Clerk read as follows : and appoint the times for holding the circuit court of the United INTERNATIONAL EXHIBITION, 1876, St!l.tes for the fourth judicial circuit, and for other purposes. UNITED Sl'.ATXS CENTENNIAL COMMISSION, Mr. EDMUNDS. I move that the amendments, with the bill, be Philadelphia, June 29, 1816. referred to the Committee on the Judiciary. Sm: The United States Centennial Commission respectfully invite the Senate of The motion was agreed to. the United States to attend the national commemoration of the one hundredth an- niversary o.f the Declaration of Independence, in Independence Square, Philadel- FOX RIVER "IMPROVEMENT-VETO ?tffiSSAGE. phia., July 4, at ten a. m. The necessary cards have been sent to the members in· dividually. Tho programme is inclosed witll the communication. The PRESIDENT pro tempore. There is a message from the Presi- I have the honor to be, very respectfully, your obedient servant, dent of the United States on .the table, which the Chair will submit. · JOS. R. HAWLEY, The Chief Clerk read the following message: Prc38idmt United States Oenlennial Ootnmission. Hon. T. W. FERRY, To the Senate of the United State/J: Pr~de_nt of the United States Senate. I return herewith wit-h out my approval Senate bill No. 672, entitled "An act to amend chapter 166 of the laws of the second session of the Forty-third Congress." The letter was ordered to lie on the table, and be printed. The objections to affixing my signature to this bill may be found in the report, PAY OF P. B.S. PINCHBACK. which accompanies this message, of the Chief of Engineers of the Army to the Secretary of War. Mr. MITCHELL. I call for the regular order. U.S. GRANT. Mr. HOWE. I ask for the consideration of Senate bill892. EXECUTIVE MANSION, June 30, 1876. Mr. MORTON. I call for the regular order. Mr. CONKLING. Wbat is the bill f The PRESIDENT pro tempore. The Senator from Oregon calls for The PRESIDENT pro tempore. The Secretary will report it. the regular order. 4340 CONGRESSIONAL RECORD-HOUSE. JULY 1, Mr. HOWE. I hope the Senator will defer that a few moments. I merce, reported back, with afavorablerecommendation, the bill (S. No. am sure this bill-- 36!)) to exempt vessels engaged in navigating the Mississippi River Mr. MORTON. There has been one measure after another thrust and its tributaries above the port of New Orleans from entries and in for an hour. The regular order could have been settled by this clearances. time. I must therefore insist on the regular order. The SPEAKER pro tempore. The question is on ordering the bill The PRESIDENT pro tempote. The regular order is the Pinchback to a third readino-. resolution. Mr. KEHR. I have no purpose to detain the House with a detailed Several SENATORS. " Question." statement of the reasons rendering the passage of this bill desirable, The PRESIDENT pro tempo·re. The question is on the resolution. beyond stating that the sections of the statute sought to be modified Mr. SAULSBURY. I understand my colleague has the floor upon were brought down from the ship and vessel act of 1793, somewhat that question and desires to be heard upon it. He is not now in the amended in 11:H9, and were carried into the revision of 1873. They Hall. were intended to apply only to the coasting trade, and have fonnll Mr. WITHERS. The Senator is just coming in. application only to vessels in that trade. The terms employed are Mr. BAYARD. Is the resolution before the Senate to pay $20,000 nevertheless sufficiently broad t.o embrace vessels navigating the to Pinchback f western waters between t.be districts named in section 4349, having The PRESIDENT pro tempore. The resolution to compensate Mr. gistilled spirits or merchandise of foreign growth or manufacture on Pinchback is before the Senate. board. Yet, although within its letter, the statute has never been Mr. BAYARD. I desire to submit some remarks in opposition, but applied to the Mississippi and its tributaries,·and had indeed become I would rather not do it now. completly obsolete, until in 1875 an attempt was made to enforce it Mr. MITCHELL. I move, then, that the Senate adjourn. upon the Upper Mississippi. The object of the pending bill is tore- Mr. SARGENT. I ask that we may have an executive session for lieve and release vessels engaged in river commerce from tho onerous a few moments. I have asked it two or three times. and entJrely useless burclen of entry and clearance, a burden in no- Mr. MITCHELL. I give way for that purpose. wise necessary to the security of the p11blic revenue, but involving EXECUTIVE SESSION. loss and delay to commerce and vexation and detention to the mas- Mr. SARGENT. I move that the Senate proceed to the consideration ters and owners of vessels. While the bill was pending before the (If executive business. Senate it was submitted to the Secretary of the 1'reasury, whose re- The motion was agreed to; and the Senate proceeded to the consid- ply attests the fact that the provisions of the statute recited in the eration of executive business. After thirteen minutes spent in ex- bill have never been applied to the steamboats navigating the west- ecutive session the doors were re-opened, and (at five o'clock and ern waters, and that there is in his opinion no objection to the pas.:. thirty-eight minutes p.m.) the Senate adjourned. sage of the bill. I will state further that the bill has the unanimous recommendation of the Committee on Commerce. I call for the pre- vious question. The previous question wa-s seconded and the main question ordered; and under the operation thereof the bill was ordered to be read a HOUSE OF REPRESENTATIVES. third time, and passed. DISTRICT AFFAIRS. SATURDAY, July 1, 1876. Mr. BUCKNER. Some days ago the Committee for the District of The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. Columbia submitted a report on affairs in the District, which was I. L. TOWNSEND. ordered to be printed and recommitted. A minority report was also The Journal of yesterday waa read and approved. ordered to ba printed. Owing to the condition of the business of FORFEITED RAILROAD LANDS IN KANSAS. the House, by order of the committee I ask that the order to recom- Mr. GOODIN. I ask unanimous consent to have taken from the mit made by the House be reconsidered, and that the reports and ac- Speaker's table, with a view to action on certain Senate amendments, companying resolutions be printed in the REcORD; and that any the bill (H. R. No. 1771) to declare forfeited to the United States cer- member of the committee may have the privilege of printing such ta.in lands granted to the State of Kansas in aid of the construction remarks thereon as he may desire. And next Thursday I will ask of railroads by a.ct of Congress approved March 3, 1863. that the reports be considered and that the resolutions reported by There being no objection, the amendments were read, as follows: the committee be adoptee: . In line 2 strike out "sixth" and insert "third." Mr. RANDALL. I suppose that the gentleman from :Missouri In line 13 strike out ·• which has expired by limitation of law" and insert "or would be willing to have the privilege of printing remarks extended earned by the completion of said road and to which said company are not lawfully to any member of the House as well as members of the committee. entit1ed. 1' Mr. BUCKNER. Yes, sir; I ask that any member of the House In line 15 strike out nJI after the word "to" down to and includin~ "States" at may have the privilege·of printing remarks on the reports and reso- the end of the bill, and insert" be disposed of under the provisions ot law relating to the public lands of the United States." lutions. Mr. RANDALL. I would like to have the bill read as amended. Mr. HENDEE. It seems to me that in order to save time the gen- Mr. GOODIN. If the House will bear with me a moment I will tleman might ask a vote on the resolutions at this time as well as on state that this bill ~it passed the House declared forfeited certain Thursday next. lands granted to the Leavenworth, Lawrence and Galveston Railroad Mr. BUCKNER. I prefer not to ask a vote to-day. I desire that Company of Kansas for the construction of its road. The company before voting on the resolutions the Honse may acquaint itself with having failed to construct its road within the time prescribed by the the facts when the reports are printed. act, the bill declared the lands forfeited to the United States, and The SPEAKER pro tempm·e. The gentleman from Missouri moves further declared that they should be subject to entry only under the to reconsider the .vote by which the report of the Committee on the provisions of the homestead law. All the amendments which have District of Columbia was recommitted to that committee, and asks been read, except the third, are merely formal and do not affect the that next Thursday be fixed as the day for the consideration of the sense of the bill. When the gentleman from Pennsylvania [Mr. RAN- resolutions reported by it. DALL] made his suggestion 1 was about to move that the House con- Mr. BUCKNER. And for a vote on the resolutions. cur in those formal amendments, and then I desired to move non-con- Mr. WILSON, of Iowa. When was the report recommitted f currence in the third amendment. The SPEAKER p1·o tempore. As the Chair is informed, on Monday. Mr. RANDALL. What is the effect of that amendment! Mr. WILSON, of Iowa. Is it not too late now to make a motion Mr. GOODIN. Its effect is this: As I have stated, the bill a.s it to reconsider unless the motion was then entered f passed the House provided that these lands should be disposed of The SPEAKER pro tempm·e. The motion was entered at the time. only under the provisions of the homestead law. ·The Senate has The gentlema,n from Missouri also asks that both reports be printed struck out that provision and provided for opening up these lands gen- in the REcoRD, and that members of the House ma.y be at liberty to erally, so that they may be taken by private entry. This House, print such remarks as they may desire to have printed in connection not only upon this bill, but upon several others, has expressed its with this subject. judgment that the agricultural lands of the United States, so far as Mr. KASSON. Will the Chair state what the reports and resolu- possible, should be disposed of under the homestead law. That is not tions refer to Y the .opinion of the Senate. I desire the House to non-concur in the The SPEAKER pro tempore. To affairs in the District of Colombia. third amendment, that we may have a conference with the Senate Mr. CONGER. I object to the general proposition to give leave to upon the subject. print all speeches on that subject. Mr. RANDALL. The gentleman's explanation is very satisfactory. Mr. KASSON. I hardly think it necessary to print these docu- Mr. GOODIN. I move tba,t the first and second amendments be ments in the RECORD. The report seems to be a document published concurred in, n.nd that the tli.ird amendment be non-concurred in. in· the ordinary way, and I do not see that it is necessary that it The motion waa agreed to. should ~o into the RECORD. Mr. GOODIN. I move that the House ask a conference with the Mr. BUCKNER. The committee would have the right to have the Senate upon this question. reports read. It is merely to save time that I ask that they may be The motion was agreed to. printed in the RECORD. Mr. KASSON. There can be no objection to printing the resolnt.i ons ENTRIES AND CLEARANCES ON THE MISSieSIPPI RIVER, ETC. in the RECORD, but the duplicate printing of the report is a needless .Mr. KEHR, by unanimous consent from the Committee on Com- 3 expense when we can get it from the document-room. 1876. CONGRESSIONAL RECORD-HOUSE. 4341 Mr. FORT. I think it shonM be understood that the remarks to be tions are introduced by the whole committee, and I desire to know printed on the subject be published without delay, so that gentle- whether, if the House adopts the majority or minority report, we men may have the pleasure of reading them in due time. have the right to take the views of the House as to the adoption of Mr. TOWNSEND, of New York. It seems to me that there should either report f be a discussion of this question in the Honse before we are compelled The SPEAKER rn·o tempore. Unquestionably. to voto upon it. I understand that the resolutions of the majority Mr. BURCHARD of Illinois. It is not material what the views of inculpate certain officers. gentlemen of the House may be in passing upon the conclusions Mr. HENDEE. I will say for the information of the gentleman of the entire committee, which are these resolutions. If they are in from New York that the resolutions do not inculpate any one, and that favor of or against the resolution, it is no matter on what grounds. they have been agreed upon unanimously by the committee. The The SPEAKER pro tempore. Th~ Chair would state that here are resolution which originally formed a. part of the report of Judge two reports of a different character, but with the same conclusions. Bucn"'ER did order the prosecution of certain officials of the District. Now, it is entirely proper for any gentleman to demand that one or That resolution has now been abandoned, and a resolution has been the other of the reports be adopted, even though they agree to the unanimously agreed upon directing the Attorney-General to investi- same resoluti1:ms. gate the matter, and to take such action in the premises aa he ma.y Mr. BUCKNER. That is what we propose to do,.to take a .vote on deem proper under tbe law and the facts. the views of the different branches of the committee, and in the mean Mr. KASSON. This being the unanimous report of the committee, time the report shall go into the CONGRESSIONAL RECORD and be why should we not vote upon it this morning and dispose of it to- printed, and that the members of the committee and other members day instead of next Friday f It appears to me that there is no need shall be allowed to print remarks on the subject. of discussion if it be a unanimous report of the committee. . Mr. KASSON. I think there is still a little misapprehension in ref- Mr. BUCKNER. I take it that the committee wo~ld desire to ask erence to this matter. .AH to the mode of arriving at the conclusions the sense of the Honse on the reports presented by the committee; of the committee in this matter the Honse has not the slightest juris- on t.he substitution of one for the other. A.nd the object of my motion diction, for the evidence is not here, and how can we vote on the facts is that the Honse may be enlightened as to the facts of tbe case, and when there is no evidence. The same resolution is report.ed by the that instead of taking up the time of the Honse in discussing the majority and minority, and if the House agrees to these same resolu- question, gentlemen may have an opportunity of seeing the facts tions, it is not necessary to go into the fa-cts; for that reason I object presented on each side by reading both of these reports when printed to the going into the matter at this late stage of the session. m the RECORD. I therefore insist on my motion. Mr. BUCKNER. The Honse may adopt e1ther the majority or the The SPEAKER pro tempore. The Chair will first put the question minority report. · on the motion to reconsider the vote recommitting the report. That Mr. WILSON, of Iowa. I object to the printing of the report. will bring the matter before the Honse, and the House can then dis- The SPEAKER pro tempore. Then the motion of the gentleman pose of it as it sees fit. from Missouri is that the members of the committee and others shall Mr. HENDEE. I wish to correct an error into which my friend be allowed to print their remarks, and that the vote upon the subject from Iowa [Mr. KASSON] may have fallen. The reports from the com- shall be taken on Thursday next. mittee are statements of facts. The resolutions are the unanimous Mr. CONGER. To that I object. report of the committ.ee. My idea is that the only vote required from Mr. BUCKNER. Then I desire a vote on my proposition now. I the House is on the adoption of the resolutions recommended by the do not suppose it requires unanimous consent. committee. The committee is unanimous in that recommendation. Mr. KASSON. What is it' But the statement of facts found by five members of the committee Mr. BUCKNER. It is to print the reports in the RECORD and to in the report submitted by J ndge BUCKNER is very different from the give any gentleman a right to print his speech in the RECORD on the statement of facts found by the majority of the committee in there- subject, and then we can take up the subject on Thursday morning. port which I presented, q,nd which has been printed. The two re- Mr. WILSON, of Iowa. That requires un:mimous consent, and ob- ports are printed together in document form, and can be readily ob- jection is made. tained and read by each member of the Honse. A.nd if the only vote The SPEAKER pro tempore. The proposition of the gentleman from to be taken is upon the resolutions which have been proposed by the Missouri to postpone this matter does not require unn.nimous consent. committee unanimously and not upon the facts as difieTently pre- The proposition to print of course requires unanimous consent, and sented in the two reports, then as a matter of course the vote may be to that objection is made. taken this morning just as well as at any other time. A.nd if the Chair Mr. BUCKNER. Then I withdraw my motion, and ask that this should so rule, I would ask that the vote be taken now. mat.ter be taken up this morning; and I now call for the reading of The .question was taken on re~onsidering the ord~r of the Hou.se the report. by whiCh the report was recommitted to the Committee for the DIS- Mr. CONGER. A.t the request of members of tbe committee I with- trict of Columbia; and it was agreed to. draw my objection to allowing gentlemen to print remarks, but Ire- The question recurred on recommitting the report to the Commit- tain the objection to the printing of the reports in the RECORD, be- tee for the District of Columbia ; and it was not agreed to. cause they are already in print. Mr: BUCKNER. I desire to say to the Honse that, according to my Mr. WILSON, of Iowa. We can all get them. idea as to what would be proper, the Honse would have the right t{) Mr. BUCKNER. That will be satisfactory. have the reports of the committee read in order that the House The SPEAKER pro tempo1'e. Then, by unanimous consent, the mem- might give a vote upon the question when the House gives its vote bers of the committee and others who desire to print remarks are upon one report or the other, in order that the Honse ma;y be in- authorized to have them printed in the RECORD, and the pending mo~ formed by the committee on both sides or on all sides, for there are tion is that the further consideration of the subject be postponed until three reports ; and we propose that discussion shall be waived and Thursday next, at which time the -vote shall be taken immediately that members shall have the privilege to print their remarks, and after the morning hour; not for discussion, but for a vote. that a vote shall be taken on Thursday next. The motion was agreed t-o. Mr. HUBBELL. I understand that the committee hav-e agreed to· ESTABLISHMENT OF HOLIDAYS. the resolutions before the House. Mr. BUCKNER. That is true. Mr. WILLIS, (by request) and by unanimous consent, introduced Mr. HUBBELL. Then I ask what effect the reailing of these re- a bill (H. R. No. 3!;35) to establish certain holidays; which was rend ports will h~ve upon the passage of the resolutions f A.ll branches of a first and second time, referred to the Committee on the Centennial, the committee agreed upon the resolutions. and ordered to be printed. Mr. BUCKNER. Before the report of the committee is acted upon BONDED CIGAR FACTORIES. and the resolutions reported, according to the views of many gentle- men it would be proper that we should have the entire reports, both 3t336) Mr. MEADE, by unaniiDDus consent, introduced a bill (H. R. No. of the majority and minority, read. to establish bonded warehouses for exports; which was read a Mr. HUBBELL. But the result of both reports is the reporting of first and and second time, referred to the Committee of Ways and Means, ordered to be printed. • two resolutions. The SPEAKER pro tempore. The Chair will desire the resolutions WILLIAM LONGNECKER. of the committee to be read, so that they may be before the House. Mr. McFARLAND, by unanimous consent, introduced a bill (H. R. The Clerk read as follows: No. 3837) for the relief of William Longnecker; which waa read a Be it resolved, 1. That the Clerk of this Honse be, and he is hereby, instructed to first and second time referred to the Committee on War Claims, and certify to the .Attorney-General of the United States a copy of this report, with the 1 accompan:ving evidence, for such adion in the premises as he may deem proper ordered to be printea. under the law and the facts as developed in said testimony. CHARGES AGAINST JUDGE G. D. HUMPHREYS. 2. That the Clerk of this Reuse be, and he is hereby, further instructed to cer- f.ify a copy of the evidence accompaurmg this report to the grand jury of the Dis- Mr. KNOTT, by unanimous consent, presented the momorial of R. trict of Columbia, with directions to mvestigate the criminal char~es against par- D. Mossey, making charges against Judge G. D. Humphreys, and ties r eferred to in said evidence 118 bavin~ been guilty of a violation of the crim· moved that it be referred to the special committee on the examina- inallaws of the United States; and the Attorney-General is also directed, by the aid of such special counselll8 he mll.y appoint, to institute such proceedings a~ he tion and investigation of charges against Judge Wylie, and it be may deem proper under the evidence to recover anr and all sums of money due printed. the District of Columlria which have been obtained illegally or improperly by any Mr. CONGER. Is it proposed to refer that to a special committee T parties mentioned in said evidence. 'l'be SPEAKER pro tempore. To the select committee already ex- Mr. BUCKNER. I rise to a parliamentary inquiry. These resolu- isting for the investigation of the charges against Judge Wylie. 4342 CONGRESSIONAL RECORD-HOUSE. JULY 1, Mr. CONGER. The memorial is not to be printed in the RECORD! Mr. DE BOLT. The report which has just been read gives a full The SPEAKER pro te-mpore. No, sir. explanation of it. Mr. KNoTT's motion was agreed to. Mr. FORT. How does the bill come before the House at this timo f Mr. DE BOLT. I have asked unanimous consent that it be now JOHN G. TODD. conmdered in the House. Mr. LEWIS, by unanimous consent, report~d a bill (H. R. ~o. 3838) Mr. FORT. Does the gentleman know about the merits of this ca~e T for the relief of John G. Todd, of Texas; wh1ch was read a first and Mr. DE BOLT. The report gives all the circumstances. second time, referred to the CoiD..D?ittee of tJ:te Whole on the P~vate Mr. O'BRIEN. Why should this bill be singled out from others on Calendar, and, with the accompanymg memonal, ordered to be prrnted. the Private Calendarf I must object, I think. BUREAU OF EDUCATION. Mr. BRADLEY. This bill was before the Committee of Claims, Mr. CUTLER, by unanimous con~ent, from the Committe~ o.n Edu- and I had it in charge and examined it myself. There is no question cation and Labor, reported back a bill (H. R. No. 3638) author1zrng the but the postmaster in this case should be allowed the amount recom- Bureau of Education to occupy the Armory building in this District, mended in the bill. I hope the bill will pass. and making an appropriation for the repair and refitting of the same; Mr. \VHITE. Will not this bill come up in its regular order on which was referred to the Committee on Appropriations, and ordered the Calendar when we next go into Committee of the Whole on the to be print.ed. Private Calendar! The SPEAKER pro tempore. It will. ORDER OF BUSINESS. Mr. WHITE. Then I must object to its being brought up now. Mr. DE BOLT. I ask unanimous consent that the Committee of the Mr. FORT. As it is now before the House, let it pass. Whole on the Private Calendar be discharged from the further con- Mr. WHITE. It is giving a precedence to this bill which is not sideration of the bill (H. R. No. 92) for the relief of Van B. Bowers, justifiable. postmaster at Bucklin, Missouri, and that the same be now consid- Mr. FORT. Is not the objection to this bill too late f ered by the Hoose. The SPEAKER pro ternpore. The objection was made immediately Mr. CONGER. I give notice that after this bill is disposed of I on the reading of the report. shall call for the regular order. Mr. O'BRIEN. I made the objection and I have the right to with- Mr. DE BOLT. I ask that the report be read. draw it, -which I do. Mr. HOLMAN. I call for the regular order. · The SPEAKER pro tempore. The gentleman from Kentucky [Mr. The SPEAKER p1·o tempore. The regular order is the consideration WHITE] has the right to renew it. . of the Geneva award, on which the gentleman from New York [Mr. Mr. WHITE. I renew the objection for this reason: we should go LEAVENWORTH] is entitled to the floor. into the Committee of the Whole on the Private Calendar and treat Mr. RANDALL. I ask the gentleman to yield to me to introduce all these bills alike. and have acted upon at this time a bill which is absolutely essential :Mr. HALE. I call for the regular order. in connection with the Indian Department. Mr. RANDALL. I ask the gentleman from New Yor~ [Mr. LEAYEN- Mr. LEAVENWORTH. I will yield for that purpose. WORTH] to yield to me, that I may call up a me:sl!aae of the Senate TEMPORARY APPROPRIATION FOR THE INDIAN BUREAU. asking for another conference on the executive, legislative, and judi- cial bill. Mr. RANDALL. At the suggestion of the committee of conference Mr. FORT. Unless we go on and pass this private bill now, we on the part of the House and Senate npon the Indian appropriation will lose all the time that has been already taken up on it now. bill, who have been unable to agree as yet, and with the concurrence Mr. RANDALL. I do not object to disposing of that bill now, but of such members of the Committee on Appropriations of this House I think that in future all these bills on the Private Calendar should as I have been able to confer with, I now ask leave to introduce the be allowed to take Lheir regular course. bill which I send to the Clerk's desk. Mr. WHITE. I will withdraw my objection if the Honse will now The bill authorizes the Commissioner of Indian Affairs to purchase go into Committee of the Whole on the Private Calendar. in open market, without the usual advertisement, for the immediate Mr. RANDALL. I cannot agree to that. use of the Indian tribes, such supplies as are required to an amount Mr. PHILIPS, of Missouri. I rise to a point of order. not exceeding $150,000, which sum is hereby appropriated for the pur- The SPEAKER pto tempore. The gentleman will state his point of pose to serve until the regular appr'>priation bill shall be passed and order. approved and the time now required by law for advertisement and Mr. PHILIPS, of Missouri. This private bill was taken up by acceptance of proposals shall have elapsed; and such sum so expended unanimous consent for consideration at this time. That consent was shall be deducted from the proper sums respectively appropriated in given, and the consideration of the bill was entered upon and the the regular appropriation bill when passed: bill and the report were read. I submit that after that consent has There being no objection, the bill (H. R. No. 3839) authorizing the been once given and the consideration of the bill has been com- Commissioner of Indian Affairs to purchase supplies for the Indian menced it is too late to raise a point of order against the bill. Bureau in open market was received, and read a first and second time. The SPEAKER pro tempore. The Chair will state that the ordinary The blll was ordered to be engrossed and read a third time; and practice of the Chair has been to_allow objection after the bill baa being engrossed, it waa accordingly read the third time, and passed. been read, and even after the report haa been read, if it is called for; Mr. RANDALL moved to reconsider the vote by which the bill was because until then ~entlemen cannot intelligently object or refrain passed ; and also moved that the motion to reconsider be laid on the from objection. ObJection waa made in time by the gentleman from table. Maryland, [Mr. O'BRIEN;] and when he withdrew it, it was renewetl The latter motion was agreed to. by the gentleman from Kentucky, [Mr. WHITE.] The Chair over- ORDER OF BUSINESS. rules the point of order. Mr. DE BOLT. I now ask that House bill No. 9-2 be read, and I BILLS APPROVED. call for the readin~ of the report of the committee upon the bill. A message from the President of the United States, by Mr. U.S. Mr. LEAVENWuRTH. How long will it take to dispose of the GRANT, jr., one of his secretaries, announced that he had approved and bill T signed bills of the following titles: Mr. DE BOLT. Not more than five minutes, I think. An act (H. R. No. 353) to amend section 1911 of the Revised Stat- The bill directs the Auditor of the Treasury for the Post-Office De- utes, defining the jurisdiction of the courts in Washington Territory; partment to credit Van B. Bowers, postmaster at Bucklin, Linn An aot (H. R. No. 2441) authorizing the appointment of receivers of County, :Missouri, in his account as such postmaster, with the sum of national banks, and for other purposes; 126.50, being the amount of postage-stamps, registered letters, and An act (H. R. No. 2824) to change the name of the steamboat Para- money stolen from the safe of said post-·office by burglars on the night gon, of Pittsburgh, Pennsylvania; of the 12th of November, 1874, without fault or negligence on the An act (H. R. No. 2849) for the .relief of William Rule, postmaster part of said postmaster. at Knoxville, Tennessee; · The report was read, as follows : .An act (H. R. No. 3375) making appropriations for the naval service The Committee on Claims, to whom was referretl bill H. R. No. 92, for the relief for the year ending June 30, 1877, and for other purposes; an,» is that and I cordially join with this House in its efforts to continue the there has been a cutting down of $64,000,000. Everybony knows work still further. I repeat what I said early in the session, that I that that sort of cutting down from the estilnates is done every year think this Honse ought to out down expenses of the coming year from to a great extent. The Book of Estimates is not a recommendation $15,000,000 to $18,000,000 below those of the Jast year. But after four of the actual amounts necessary, but a statement of what amounts years' careful study ofthis work, I am perfectly confident that if we can be applied to public objects if Congress go to the fullest extent undertake to cut them down 39,000,000 below la.st year's appropria- of the work. The Secretary of the Treasury officially and urgently tions we shall cripple the machinery and seriously harm the great and requested a large reduction from the amount of the estimates. The necessary functions of the General Government. real question is how much the appropriations have been cut down Now I hope that the House will insist on what will amount in the below those of last year. It was stated in the speech of the gentle- aggregate to reductions of from $15,000,000 to $18,000,000 ; and I man from Illinois [Mr. SPRINGER] as $39,500,000. I have no doubt equally hope that the Senate wilJ insist on two things: :first, that that the statement of the gentleman is incorrect to the extent of al- it will not allow any necessary functions of the Government to be most $10,000,000. · · crippled and, second, that it will not allow independent legislation Mr. SPRINGER. .Allow me a word. in the wisdom of which it does not concur to be put upon these bills, Mr. GARFIELD. I will when I have stated the point. In the:first whereby an appropriation bill is converted into a pack-horse to carry place the gentleman said in his speech that the House bas appropri- through legislation which otherwise would not pt1Bs. Sir, it is bad ated as defidencies for the year which has just closed $671,4t!6.74, as legislation ; it is a bad precedent, a precedent that, even though it against $4,703,000 for deficiencies made last winter, and claims a credit should work good in one case, will work evil in a thousand things for the Honse on that account of over $4,000,000. Now, I hold in my hereafter. · band the digest of appropdations, an official statement made by the Now, I do not say there should never be legislation on the appro- Secretary of the Treasury of the appropriations made by Congress last priation bills. It is frequently possible for the Committee on Appro- winter; and I read from page 151 that the total appropriations made priations to protect the Treasury and prevent extravagance by re- at the last session of Congress for the deficiencies for the last fiscal strictive provisions which are germane to the appropriation bills. year were $2,387,000, being less than the statement of the gentleman But one Honse of Congress has no right to insist upon such riders to bv almost two and one-half millions of dollars in that single item. the appropriation bills if the other House o~jects. In all contests it ·Naw, the gentleman should tell us where be found his figures. I has been the uniform rule that the House which makes the innova- presume be took them from the report of the Clerk of the House, which tion must give way. Now, I understand that the Senate insists that included all appropriations of unexpended balances. If he takes the House shall not make the innovations it has proposed on this them into the accmmt, he should compare them with the five or six bill, and in that point the Senate is clearly right. Wherever the millions of re-appropriations which have been made in the bills of amount of an appropriation is a matter of discretion with Congress, this winter. But I have re~d from the official Treasury analysis of that discretion is n. fair subject of compromise between the two all the deficiency appropriations passed at the last session of Congress Houses, and in snch cases I shall stand by this House in having its amounting to $2,387,370.38. The gentleman seems to forget that the rights fully respected and its demand for reduction complied with to deficiency bill we have passed this session was the deficiency for the a. just and reasonable extent. year just now closed, and is no part of the appropriations for the com- In the matter of demanding a considerable reduction in all the dis- ing year which begins to-day. When the next session comes and the cretionary appropriations, the country will approve the attitude of Honse will be called upon to make up the deficiencies for the year the Honse. But, in the position which the House has taken, which which begins this morning, then it will be the time to determine what arrogates the legislation of Congress to itself, and insists upon the this Congress has been doing in regard to deficiencies. dangerous, the pernicious practice of loading down the appropriation The deficiency bill which the House passed this winter was a defi- bills with independent legislation, the House is wholly in the wrong, ciency of the last Congress; and by whatever amount it was below and cannot stand in the estimation of the country. And I see by the the deficiencies of the last year the differimce is to be set down to the results of tbe conferences that the House has not tested the sense of credit of the last Congress in fully makin~ its appropriations so care- the Senate upon the amount to be appropriated, bn~ upon the inde- fully as to require but 600,000 for all deficiencies. When next win- pendent legislation, wherein we are wrong. I thank the gentleman ter comes and the bills we are now passing will show that by the test from Penniylvania [Mr. RANDALL] for his courtesy. of actual experiment what deficiency appropriations will be needed Mr. RANDALL. I resume the floor. to make up for the undue reductions of t.his session. .After the elec- Mr. SEELYE. Will the gentleman allow me to o~r a resolution f tions are over and after the fitful fever of these unreasonable reduc- Mr. RANDALL. Not now. As to the amount of appropriation, tions has expended itself it will be time to make the comparison and at the proper time I will review in the proper manner the action of time to send out to the country the story of $64,000,000 or $39,0001000 this House in connection with the appropriation bills, and the fact reduction in the interest of economy. will be established that the Committee on .Appropriations recom- Many necessary items of appropriation have been wholly omitted mended to this Honse reductions of more than $39,000,000 as com- from these bills, such for example as $1,000,000 to pay the judgments pared with the appropriation of the last year, that the House bas of the Court of Claims, which cannot be.. left unprovided for without adopted those recommendations in the main except in one about the a shameless violation of the public faith. post-office bill, and t.bat the amount of reduction upon the appropria- Now I want to repeat what I said in the first monthly session, that tions of this year isabout$37,000,000. Nowitisfairenough, as I think, a democratic House could make some reductions that a republican but not as fair as if the gentleman and I were to sit down without Honse could not make. There is no doubt that an opposition Honse any partisan feeling and act upon the merits of each appropriation, and can make some reductions that an administration House could not I think in that case we would cut down the appropriations· 10,000,000 make, and I am glad to aid this democratic House in all those reason- more, and I do not think it becomes the gentleman, the former chair- able reductions which the Government can stand without crippling the man of tho Committee on .Appropriations of this House, to stand up public service. But when the gentleman tells me that we can now out and tell the Senate not to yield one iota where any legislation is to down $39,000,000 after we have already cut down expenses more than be incorporated in. the bill. In former years the chairman of the $30,0001000 in the past three years, he is only saying that we are going Committee on .Appropriationa allowed legislation to be incorporated to do one of two things, either cripple the necessary service of the in the interest of extravagance and in the increase of appropriation, Government or defer the necessary appropriations until next winter, while we have only altered the rule so as to admit legislation being for the sake of a pretense of unreal economy before the people at the incorporated into an appropriation bill having the object and the solo coming election. This is not honorable dealing. This is not good object of reducing the expenditures of the Government. I am glad statesmanship, nor will it deceive any intelligent citizen. to hear the gentleman a in should a provision for its repeal be thrrist into an appropriation bill order as an amendment thereto, for any expenditure not previously authorized by and a threat held out that, unless the Senate and the President wiU law. consent to the repeal, the wheels of Government shall stop f Is there In 1838 the following words were added : any city in the Union containing over twenty thousancl inhab- Unless in continuation of appropriations for such public works and objects as itants in which the majority of this House object to having the elec- are already in progress and for the oontiugencies for carrying on the several de- tion scrutinized by ono republican and one democratic supervisor of partments of the Government. elections, to be appointed by a circuit judge f Is the repeal intended The rule had been for many years construed as forbidding an amend,- to make fraudulent voting and ballot-box-stuffing easy and safe in ment to a general appropriation bill changing in any way existing any great city, and thereby to make democratic success more prob- law. I refer to Barclay's Digest, page 16. able f And will the House ask a republican Senate to consent to this But the democratic party being in power in 1850 and desiring to as the only terms upon which the House will pass the appropriation increase the pay of democratic officials, the then democratic Speaker bill at all t of this House decided that the latter branch of the rule not only Again, the House has ingrafted upon the Indian appropriation bill permitted amendments inareasing salaries, bu-t was fi·arned for that very a provision to transfer the care, education, and control of the Indians purpose. I refer again to same authority. The history of the rule, to the War Department. Many of the ablest and best men of this therefore, is simply this: When democrats held the offices the demo- country denounce this as inhuman, unchristian, and extravagant. In- cratic party so changed the rule as to allow an increase of salaries; human and unchristian, because no class of our people, however poor, when the time came that the Honse was democratic and the other neglected, or savage, shoulcl be given over to the cruelties and the branches of Government republican, the same democratic party crushing, demoralizing, and hardening influences of Army rule and cbauged the rule again so as to allow sala1ies to be reduced. Such bayonet government. Extravagant, because even the savage knows is democratic consistency. When that party enjoyed the patronage enough of liberty and cares enough for it to rebel against Army con- of the Executive, it was deemed important to allow an increase but trol ; and the proposed change must therefore lead to Indian wars, the not a decrease of salaries by legislative provision in an appropriation cost of which the country knows to its sorrow. Shall the Honse in- bill, but a democratic House takes precisely the opposite view when sist that unless the Senate will agree to this no appropriation shall be their political opponents are in office. Tho insincerity of the majority made for the Indian service f If so, what becomes of free discussion may be further illustrated by a reference to well-known facts. A as to matters of legislation f What becomes of the independence of large proportion of the salaries now proposed to be reduced were the several branches of our Government f What would the House fixed by the democratic party prior to 18601 when salaries were paid say to the Senate if, under its undoubted power of amendment, it 1876. CONGRESSIONAL- RECORD--HOUSE. 4347 shonld insert a provision as obnoxious to the House aa these provis- sands of dollars every year by their investigations into claims more ions are to the Senate, ann thereupon insist that the House must agree or less fraudulent, presented to the Court of Claims and to the Com- with the Senate or no appropriation shall be made f I can imagine in mittee of War Claims of this House. You would close up this and such a case how great would be the indignation of this House, and like divisions in other Departments of the Government if the Hon!.ie how eloquently it would be expressed by the honorable chairman of bill took effect. I could speak of other Departments, but I do not the Committee on Appropriations. wish to take up time. Now, the House sent such a bill to the Senate, proposing that only $13,392,000 in round numbers be appropriated for KEY TO THE DEAD LOCK. carrying on all these branches of the public service, involvin~ this The Honse must not stand upon the doctrine that we can in~ist reduction of numbers and also the reduction of salaries. ThlB bill upon new legislation obnoxious to the Senate in an appropriation also embraces congressional pay and the compensation of all the em- bill. In so far as the Senate can be induced to agree to legislative ployes connected with Congress, the officers all(l employes of the Go\'- provisions in such bills, well and good, but when the Senate says to ernment Printing Office, &c. Thus you find that a large part of the us that they cannot approve of or consent to any particular legisla- reduction of expense is in this extraordinary diminution of numbers tive provision, it is the duty of the House to recede. The rule laid and a less part, I think, in the reduction of salaries. down by Senator Hunter in 1856 will always bring the Houses to- The original bill which we passed last year for these same purposes gether. That rule, as stated by him, is that neither House shall "use appropriated 19,131,000, in round numbers. The pending House bill appropriation bills to force on the other legislation which is obnoxious appropriates, as I have said, 13,3~,000, in round numbers. As to it, to make it give up its will, its views of propriety, its feelings amended by the Senate, it appropria,tes $17,028,000, in round numbers. of what is right." That is to say, the Honse proposes a reduction of $5,700,000 upon the I beg the House to consider how important this rule is; how neces- bill of last year and the Senate a reduction of $2,102,000, the reduc- sary to the very existence of the Government itself. If it does not tions of the Senate being effected chiefly by the reduction of force prevail, then it follows inevitably that a maJority of one House can heretofore authorized by law. destroy the freedom and independence of the other branches of gov- Then, too, the House bill left out items amounting to $!l75,000, some ernment or compel them to maintain it only at the cost of stopping of which were for rents of buildings which we must have and which the wheels of Government. This is not simply a question of salaries; we are constantly using; others making provision for clerks, &c., in it involves vastly more than the legislation immediately pending. It the surveyors-generals' offices, that must be provided for. So that the involves a question which may at some time touch the vitals of the actual difference between the two Houses is in the neighborhood of Constitution itself, for if the right now claimed for the House is once $3,000,000. recognized and should be followed in the future it must bring on con- Nnw, then, the question is, have we a right to compel the Senate flicts between the two branches of Congress the end of which no man to adopt the changes proposed by us in the law regulating these De- can foretell. partments and prescribing the respective numbers and pay, in order In conclusion, I submit to the House that much more can be ac- to enforce this enormous reduction of nearly one-fourth of the entire complished in the line of genuine reform by adhering to correct prin- civil service T In other words, has the Senate itself no constitutional ciples of legislation than by departing from them. So general is the authority touching the number and classification of the officers and apprehension that it is a dangerous practice to crowd legislation on clerks by whom the Government of the United States shall be carried various subjects into one bill that in many of the States there are on f Is it simply an office to register the decrees of the House t constitutional requirements that n,p bill shall embrace more than one [Here t.he hammer fell.] subject, which shall be embraced in its title. If I believed that the I think the gentleman from Pennsylvania, having yielded so much legislation proposed by the House upon these appropriation bills was to others, will not cut off a member of the conference committee. all right and in the direction of reform, I should still insist that it Mr. RANDALL. I yielded to one member only on this side. was an unwise thing to ingraft it upon those bills. After spending Mr. KASSON. Bnt the other two members of the committee of many months in maturing these changes of law, the House, in the last conference have spoken. days of the session, when the heat of the summer is upon us, sends Mr. GARFIELD. I suggest that the time of the gentleman from these bills to the Senate. That body cannot have the time nor the Iowa be extended by unanimous consent. opportunity to consider them. It is most natural for them to say, Mr. KASSON. Let unanimous consent be given that the gentle- "We will appropriate according to law, but we cannot nownndertake man from Pennsylvania retain the floor if that is what he desires. I to consider all these sweeping and important changes in the law." only wish to finish my statement of the case. The House has taken the very course best calculated to defeat the The SPEAKER p1'o tempore. If there be no objection, the gentle- object it professes to have in view. We have been in session now man from Iowa will proceed. nearly eight months. Why were no bills matured and passed and There was no objection. sent to the Senate early in the session proposing these changes. If Mr. KASSON. Now, sir, when it came to that, the Senate refused they are desirable changes it was the duty of the Honse to propose to evacuate its constitutional position as a co-ordinate branch of the them in the usual way; but the House in its wisdom has Meen fit to Government, endowed no less than ourselves with the law-~iqg attempt by a change of its rules to give control over nearly all im- power. The chairman of the Committee on Appropriations bas said portant changes of law to the Committee on Appropriations and to to you that the first section which he had read as proposed by the attempt to ingraft all its important legislation upon the appropria- House conferees was an assertion of the right of the House to fix sal- tion bills. The result is what might havo been expected and what aries. The Senate denies the exclusive claim of the House, and says was indeed predicted on this side of the Honse. that itself has a share in that constitutional right, and must co-oper- Mr. GARFIELD. The particular point is that the doctrine of Mr. ate with the House and the President of the United States in order SHERMAN was overruletl and this principle was adopted. to establish rules governing numbers employed and their salaries; Mr. RANDALL. And as an effect you continued all your extrava- and it refuses to relinquish that constitutional right of free assent or gant laws in appropriation bills. dissent in respect to new laws. The SPEAKER pro tempore. The gentleman from Pennsylvania As one Representative of this House, I take the position, and I de- • [Mr. RANDALL] has seven minutes remaining. sire it to be understood, that the right of the Senate is clear and pal- Mr. RANDALL. I yield five minutes to the gentleman from Iowa, pable under our Constitution. It is one of the people's defenses [Mr. KASSON.] against haste, passion, and breaches of the Constitution by a single Mr. KASSON. The debate has wandered a little too far from this House. The conferees on the pn.rt of the House have never within bill to serve to enlighten the House on the real question before us. my knowledge demanded in conference that the Senate should re- I beg to recall the attention of gentlemen to this particular bill. What pudiate that right, to co-operate in the making of law and to give is it f It is the bill which provides for the numbers and the rate of full and free assent or refuse ussent to a change in the law. What- compensation of the civil officers and employes who. are necessary to ever gentlemen may claim on this floor for political purposes, that carry on the Government for the ensuing fiscal year. It embraces right is not claimed, so far as I know, in the committee-room. On the officers and employes in each of the Executive Departments, in the other hand it is equally true that the Senate has not refused to the mints of the United States, and in the various Departments, em- change laws in the interest of economy. It has only refused to do it bracing what we call the civil service. During the last year, after where the judgment of that House condemned the change as injuri- the reductions then made, there were something over four thousand ous to the service. It has conceded in these reductions of over of these various persons, from the President down. This bill, as re- $2,000,000, in the interest of economy, such changes of law as were ported in the House, reduced the number of these civil officers, embrac- requisite to make those reductions. It might go further still, if the ing the persons employed in the mints and other places of like kind House would meet them in the spirit of moderation and justice, and throughout the country, by over 22 percent.; thatisto~:~ay, the House not as dictators, without conciliation or concession. bill proposed at one blow to strike down nearly one quarter of the Let us not, therefore, mistake the positions of the House and Sen- civil service of the United States. The stat.ement of the proposition ate respectively on this question. I desire to have it distinctly un- is enough, I think, to show to every member of the House that it derstood, that it is not only the wish of republicans in both Houses involved great danger to the safety and efficiency of your adminis- to go to the extreme of economy possible consistent with the efficiency tration. Nearly one-fourth of the force of the various Departments of the service, but gentlemen must see it is the interest, also, of this swept out of office without a day's notice, for to-day is the :first day side of the House equally, and particularly at this time, to go to the of the new fiscal year. last degree of economy that does not destroyourpublic service. Now That I may illustrate the danger, let me say that in the Adjutant- the question, of course, comes back whether the House goes further General's Office, if the House bill takes ·effect, you would close up in the direction of destroying the service than it ought to do. And on three divisions of labor, divisions which have savecl hundreds of thou- that, sir, where shall we look for conclusive authority for the facts t , 4348 CONGRESSIONAL RECORD-HOUSE. JULY l, When an officer at the head of a Bureau, or at the head of a Depart- chinery of Senate and House of Representatives. That would be ment, points out to the House or the Senate the amount of work to be "retrenchment" in their use of the word. 'l'hey have in fact pro- done, and with his long experience tells you that so many clerks have posed many million8 of their reductions in this way, by abolishing a hardly been able hitherto to keep up the work, and that if you reduce part of the Army, impairing the efficiency of the Navy, abolishing the number by one-quarter it will faJl enormously in arrear, is such· the Indian Bureau,· depriving the Departments of means to do the an assurance to go for nothing with the House and the Senate! work imposed on them by law, weakening the mail service by cutting The head of the Pension Office told me only this morning that there off supplies for the service, refusing money to :finish improvements were 17,000 more claims pending this year in that office than la.st in our western navigation, and denying to the laborers on unfinished year. When you strike down his force you deny to the claimants of public buildings the employment they need, at the very time thev pensions from this Government the ability to reach the determination would willingly give their work at low prices for the sake of sup- of their claims and the consequent relief of their most pressing port for their families. They call it "reducing expenses of Govern- wants. Or take the Adjutant-General's Office, to which I have already ment," when they only postpone to deficiency bills the absolutely referred. Or take the Treasurer's Office. The Treasurer to-day is out needed supplies, or postpone inevitable work from this year to the of office. When he communicated to me the facts about his Office he next. They leave out of their foot.ings of appropriations the millions had no earthly interest in the subject except the interest of a patri- they have re-appropriat.ed without giving the amounts. They make otic and accomplished officer; and he says that the Senate proposi- their comparison with the formal "estimates" of la.st year, when they tion for his Office embraces not a single man or clerk that can be know the actual sums appropriated were less by nearly 20,000,000. spared, if the efficiency of that branch of the service is to be main- They know perfectly well that judgments against the United States tained or the necessary work performed. in the Court of Claims must be paid and that a large amount of these Mr. RANDALL. Does not the gentleman know that there is not a are now awaiting payment, and that the "estimate" for thiti :fiscal single department of this Government that lives up to the law as to year for that purpose was $2,000,000. Yet, in order to boast of their the hours of labor, the hours of employment, which the law provides "reductions," they have repudiated these adjudicated debts, and have shall be eight during six months and ten during the other six months' not appropriated one dollar for them. Any party willing to dishonor Does not the gentleman know that in no department of the Govern- the nation could "retrench" magnificently by such repudiation. ment with some few exceptions is more than seven hours' work per- Sir, I regret that I have not had time to go throughout the bills formed 7 and show how their alleged "reductions" have been made. Time Mr. KASSON. On the contrary, I know of some ca-ses, of officers baa only been found to illustrate under the head of public works and clerks, who go back after dinner and work until nearly midnight. how "reductions" for this year mean simply postponements to next Mr. RANDALL. ·Those cases are very few. year. Mr. KASSON. And I know that the number of hours they are em- The following table shows the "estimates" for works mainly in ployed depends on two things : the physical ability of the employe and progress, a.nd which must be completed, and where "reductions" mean the immediate condition of the public business in the several Bureaus. postponement: Mr. RANDALL. If you watch the Departments, you will see the numbers who rush in at nine and rush out at four, and never go back. :Mr. KASSON. Now, Mr. Speaker, whatever benefit there is in law Objeots. Estimates for Postponed. already exists in law. And I know that if the gentleman from Penn- • 1877. sylvania will sit down and examine accounts and compute :figures, or count bank bills for eight hours a day, and do it for three days in suc- cession, he will go home a wiser (if not a better) man touching the ability of such clerks to work ten hours steadily day after day. Custom-hou.sesand other buildings un- Mr. RANDALL. I work every day in my life more than that. der Treasury Department - -· - ----- $5, 363, 446 86 $2, 181 500 $3, 181,946 86 Mr. KASSON. I do not wish to be drawn from the main question Light-houses, beacons, and fog-signals .. 789, 400 00 237, 000 552,000 00 Armories and arsenals . --.. -... _-.. --. 917,218 00 2e9, 175 628,043 00 here. The gentleman from Pennsylvania does not work at one desk Fortifications and others works of de- andonekindofwork that long. This, then, is the position of the fense -----·---·-·-----·-----·--·---· 2, 044, 000 00 315,000 1, 729, 000 00 two Houses: This House, or rather a committee of this House, think Improving harbors and rivers --------. 14, 301, 100 00 5, 872,850 8, 428, 250 00 they can arbitrarily reduce the 'force engaged in tho public service Buildings imdgrounds in and around 2, 036, 920 44 nearly one-quarter in a single year, nay, in a single day, without no- ~~;;ni~::d~~y·.:::::~~:::::::::::: 464,950 1, 561, 970 44 89,000 00 500 88,500 00 tice. Th~ Senate say, after consulting with the executive officers of Buildings under Qnartermaster-Gen- the Government, it cannot be done without detriment to the public eral ·----- ·----- ------ ------·-------- 1, 500,000 00 725, 000 00 500, 000 00 1, 725, 000 00 service, and a large portion of this House agrees in that opinion. . Navy-yards and stations.·----·-·------ Ca_P,ltol building and grounds _... _- _.. 475,000 00 11}0, 000 315 000 00 The Senate yields three or four hundred in the matter of reduction Buildings and grounds, GQvernment of Dtl.Vlbers and is willing to go further. Under these circumst:;mces Hospitalforliisane. ----- -----· ------ 225,000 00 5,000 220,000 00 what does the Senate propose! They say in effect: "Perhaps we Buildings and grounds, Columbia In- are miS · k en as to the requ181te . t ak en; perh aps you are m1sta · · numb er. Buildings stitutionforDeaf and grounds, andColumbia Dumb ....... nos- . 62,000 00 4.0,000 12,000 00 What shall we do f Let the House salary appropriations staud; and pital for Women and Lying in Aay we will appoint a committee of the two Houses who shall sit in the lum ------------------- ____ _-_______ :_ 15,500 00 15,500 c-o coming vacation ·, and that committee shall examine into all these Repairs Smithsouian Institution buildingof------ 5, 000 .00 5, 000 00 of building, Department In- Executive Departments and their needs, with ample time during the terior ____ . __.. ____ . . ___.. ____ ... __ . _. If!, 000 00 18,000 00 vacation, and shall report the :first day of the next session as to what Court-house, Washington, D. C....... . 3, 000 00 3, 000 ()() the number and compensation should be; and thereupon Congress AgriculturalDepa-rtmentgrounds .... . 21,825 00 1,950 19,875 00 shall adjust the salaries andI the numbersh aa they should d . be." . . And . To tal public work s.- . . ---.-. --- . - t h e Senate furth er says: ' 1 n ore1er t at we may o no IDJUBtiCe m Add for judgments inCoortof Claims, -.----- 28, 591, 410 30 I 9, 567, 925 19, 023, osa 34 rates of compensation in the coming :fiscal year and before the next (no escape from payment except session, that recommendation shall operate upon this fiscal year from repudiation)----·----· .. ---· .. --·- .. - 2, ooo, 000 00 ~-.-- .. ·---- • 2, 000, ooo 00 the 1st of July. The House conferees declined to do that. And that TotaL .... _.................. _... 30, 591, 410 30 9, 567, 925 21, ozl, oas 34 is the present form of the difference. It is not so much in regard to the question of the permanent :fixing of the salaries as it is in respect · to an absolute and compuls'lry change of the law in this inconsider- Hereh.then, without going into the subject of there-appropriations ate and reckless way for this :fiscal year. in the .tlouse bills, of the economies of a republican administration, For myself, I can only say that I think the proposition on the part amounting to a. total of millions, which they refused to add to their of the Senate, for the careful examination by a joint committee of the footings lest they should so appear and lessen their "reductions," as whole subject, so that our legislation at the next session may operate they in fact do-here in this table alone we have about 21,000,000 on the whole :fiscal year, is, in view of the short time we have now for of alleged "reductions" which are chiefly mere postponements of ap- considering the important questions involved, a just and fair proposi- propriations to deficiency bills for thiB year or appropriation bills for tion. On the other question, the question of principle, I agree mainly next year; and this is called "retrenchment" or "economy," and is with the observations which have been made by two or three gentle- to last till after election. men on this side. We ought not, cannot, must not, ask the Senate to 1\!r. RANDALL. I yield :five minutes to the gentleman from illinois, va.cate its constitutional function, as an absolutely equal and co- [Mr. SPRINGER.] ordinate branch of the legislative power, nor deny its right to give Mr. SPRINGER. In reply to the statement of the gentleman from a full and free assent or dissent to a change of the laws of the land. Ohio that the estimates or statements contained in t.he table I sub- To deny their rights in this is to subvert so much of the Constituthm. mitted to the House a few days ago are not correct, I have only this It is, so far as it goes, an attempted revolution. to state : That the figures in the first column of this estimate were A word further upon the point which has been discussed of the al- compiled by the Departments themselves, and show the estimates of leged reduction by this House of expenditures as compared with the the Departments. The second column, being the appropriations for estimates. If mere reduction of expenditures is meritorious, then the year ending J nne 30, 1876, the :fiscal year just expired, was com· the O ~~~ -.!4rD $~ AG)&5 I>. .... .... g~ ~A G) - =;; ]~:~g. ~G) ~~~ -~ =..o o..c:l ~~§ ~G) ~ I• 00 §(I) a~ Qi~ Bills. 0~ ·;: ~ ...... :g~ ~ . . . ..C~.,J "'=~ .SG)t>O p,al~ -~._,G)~ ~0~ 0 Cl) ~ . P>I!) ~~~ :gs~ P.~.cl G) 000~ § :p"'~ ooAQ F'l p,ill§ P.~~ ..q ~u~ ..q I ~=~=cs ~Sp, I Military Academy, passed the House Jannary 31 ...................................... . $437,470 00 ' $364, 740 00 $:!l1, 241 00 206, 229 00 $133,-499 00 Pension bill, passed the House January 31 ............................................. . 29, 533, 500 00 30, 000, 000 00 29, 533, 500 00 . • • • . . . . . . . .. 466,500 00 Consular and ~plomatic, passed the House April10 ..•••••••••••.••••..••••••••••••••••. 1, 352, 485 00 1, 351, 285 00 912, 747 50 339, 737 50 428,437 50 For?-fic3;tion bill, p~sed th~ H~~~e February 15 .•...... .. : ....•.••••••••••••.•••.•••••• 3, 406,000 00 850,000 ()() 315,000 00 3, 091,000 00 535,000 00 Legislative, executive, and JUdicial, passed the House April 28 .••.•••••••.•••••••_••••.. !:!0, 836,307 00 18,734,225 00 12,998, 815 61 7, B26, 499 39 5, 724,417 :m River and harbor bill, passed the House April10 ...................................... . 14,301,100 00 6, 643,517 50 5, 872, 850 00 8, 428,250 00 770,667 50 Deficiency bill, passed the Honse April12 ............................................. . 2, 722,471 70 4, 703,699 18 671, 486 74 2, 051,984 96 4, 032, 212 44 Post-office bill, passed the House May 17 ............... ; .............................. . 37, 939, 805 99 37, 524, 361 00 33, 739,109 00 4, 200. 696 99 3, 785, 252 00 Navy bill, passed the House May 23 .••...••...•.•...•..••••••••.•.••••••••••.••..•••••. 20, 87t, 666 40 11,011,306 oo I 12, 432,855 40 18, 438,811 oo 4, 578, 451 50 lnilian bill, passed the House June6 .•... ...••.•••••••••••.••••.•••..••.•..•••••.....••. 5, 787, 995 64 5, 360, 554 55 3, 979, 602 11 1, 808, 393 53 1, 380, 952 44 A1mcfr bill, P.assed the House J nne 19....... ..•..•..•.•.••••.••••••.•••••••••••••.•••.•• . 33,348, 708 50 1 28,331,010 oo I 23, 192,334 72 10, 193,631 3E 4, 778, 752 88 Sun y civil bill, passed the House June 23 ........ ~ ................................... . 32,560,475 29 1 26,644,350 09114,857,326 54 11, 9:l3, 4I.l3 55 12, 017, 368 35 Total ............................................................................ . 203,098,985 82 1 177,912,319 72 138,736,868 62 : 64,36;l,ll7 20 39, 175, 451 10 4350 CONGRESSIONAL RECORD-HOUSE. JULY 1, Mr. KASSON. What is that table f improper legislation has been incorporated in these appropriation .b. .:.r. RANDALL. I want to bring the Honse to a vote upon this bills the fault is ours, and the responsibility will fall upon the dem- question, and I resume the floor for the purpose of closing debate. ocratic party. You have done your duty; now let the appropriations .Mr. FOSTER. Will the gentleman allow me two or three minutes of our committees be adopted. If it is found that the Government is more ! brought to astop; that its wheels aro clogged, or, as said by the gentle- Mr. RANDALL. You have had two or three minutes. man from Iowa [Mr. KAssoN] this morning, tha,t the doors of its offices Mr. FO!STER. I want merely to make a statement. will be closed and the operat.ions of the Government must cease, then Mr. RANDALL. I cannot yield further. let the blame fall upon the democratic party; you are acquitted of Mr. FOSTER. I want to state what the difference it:~. all responsibility. Mr. RANDALL. I will yield for two minutes, if you want to take Let these appropriation bills ~o through ; make your protest ; let back your statement that we have saved $30,000,000. the country judge; and if the democratic party has done wrong the Mr. GARFIELD. A large portion of that is postponement, and not people of the country will visit their disapprobation upon that party reduction. and the glory will belong to you. But let us make the experiment; Mr. FOSTER. I merely want to call the attention of the House to you can never reduce the expenses of this Government until you try. one matter which I think the chairman of the Committee on Appro- Let us try it and then we can judge of the result. priations has not looked into and which probably I have not as care- [Here the hammer fell.] fully examined as I should have done. But I think that it will be The SPEAKER pro tempm·e. The time of the gentleman has ex- found that the difference between the House and the Senate on the pired. question of salaries does not exceed $750,000. I think that the reduc- Mr. JENKS. I ask my colleague to yield to me for two or three tion of salaries proposed by the House does not exceed $750,000, and minutes. I want to make that statement that the House may know how little Mr. RANDALL. I will yield for three minutes. the difference is bet.ween the two Houses in dollars and cents, and Mr. JENKS. The gentleman from Iowa [Mr. KAssoN] speaks of one-half of that is made up in the salaries of members. I do not the reduction of 22 per cent. in the employes of the Government a-s think the reduction of the salaries of clerks in the Departments ex- being excessive. Let us apply that to the Pension Bureau, where they ceeds $350,000. now ask an increase of a hundred employes. Perhaps that Bureau Mr. SEELYE. I want three minutes. I have very little concern will furnish as fair an illustration of t.he propriety of this reduction about the question whether this party or that party has or has not as any other. Although it is said that the work in that Bureau is be- been in the habit of incorporating new legislation on appropriation hind, that is not because of any deficiency in the number of employes, bills. But I have great concern in the question whether this House but because they are not properly employed. I do not say that they shall approve such pernicious legislation, legislation fraught with do not work, but they do not work upon any intelligent system what- untold possibilities of evils that every man of·us is familiar with, leg- ever. islation which does not differ in any respect from the most arbitrary There have been made within the last yearatleast four changes in practices of the most tyrannical despotism and which is unworthy of the head of that Department: Mr. Baker, Mr. Atkinson, Mr. Gill, and the legislation of a free people. now Mr. Bentley. Mr. Baker perhaps did know his business; if so, Now I notice that in all the procedures of these conference com- he diu not conduct it to the best good of the public. But the others mittees the first point which they bring up in the conference is this certainly did not know their business. new legislation. They go to the Senate and demand conformity to Mr. KASSON. Does the gentleman apply that remark to the pres- this new legislation of the House. It is not a question in the first ent chief of the Pension Bureau f place whether the House and the Senate can agree on certain changes Mr. JENKS. The present chief has not yet learned his duty. From in the abuse of existing statutes, but in the first place the House what I know of him, I think he may make a very efficient officer. through its committee have gone and thrust in the face of the Senate Mr. KASSON. He is one of the most active, f1:1ithful, and efficient this new legislation, I will not say as a highwayman with a pistol in men I ever saw at the head of a Bureau. hand saying "Stand and deliver," but I will say with that which is Mr. JENKS. At all events, he does not now know all the business tyrannical and despotic and has no other meaning; I have therefore of the office. In 1866, with one hundred and seventy-five employes, prepared a resolution which I beg leave to offer to the House. the Pension Bureau adjudicated fifty thousand original cases. Last Mr. RANDALL. I do not yield for t.he resolution. year, with over four hundred employes, there were only about twelve Mr. SEEYLE. I ask that it be read. thousand original cases adjudicated. Before the Committee on Pen- Mr. RANDALL. I have no objection to having it read. sions we took the testimony of the chief clerk of the Pension Bureau, The Clerk read the proposed resolution, as follows: Mr. A. P. J. Clark. In answer to a question by one of the members Resolved, That the committees of conference in the disagreements between the of the committee, the gentleman from Wisconsin, [Mr. RusK,] in re- .House and Senate on the pending appropriation bills be instructed hereafter to ask gard to the finance division of the Pension Bureau, he testified as au agreement in the first place upon matters which conform to present existing follows: statutes, leaving matters of new legislation for secondary consideration. Question. How many desks are there in that division 9 Mr. SEELYE. Does the gentleman object to a vote on that reso- Answer. There are forty-eight persons employed in that division. lution f Then, in reply to a question from the chairman of the committee, he Mr. RANDALL. 0, the gentleman knows all about it. testified as follows : Mr. SEELYE. I offer that resolution, Mr. Speaker. Question. Give us your best judgment. Ought that division not w be lopped off! Mr. RANDALL. You have not the power. Answer. If the work in the Auditor's Office was up to date the work of that di- The SPEAKER pro tempore. The gentleman from Pennsylvania de- vision would be useless. clines to yield. Now, here are forty-eight employes in one division who, if the work Mr. SEELYE. Allow me another inquiry. in another Department was properly attended to, would be utterly Mr. RANDALL. No, sir; I gave you what you asked, and that is useless. There is 2-2 per cent. that this most intelligent man, I be- enough. lieve an upright man, in that division swears would be useless if the Mr. JONES, of Kentucky. Will the gent.leman allow me three min- work was up in the Auditor's Office. I believe there should be an in- utesT crease of force in the Auditor's Office of perhaps ten clerks. But with Mr. RANDALL. Yes; three minutes. the work in that Office up to date forty-eight men could be dispensed Mr. JONES, of Kentucky. We have heard a vast deal on the sub- with in the finance bureau. There are one or two other divisions ject of appropriations during this Con~resR, and especially within the in that Bureau that are overcrowded. I apprehend that by the time last four or five weeks. Now, I am willing to concede that both par- this present Commissioner has studied the du't ies of his Office for one ties in this House are actuated by the best and purest motives of econ- year be can do the whole work of it very well with two hundred em- omy and are endeavoring to serve the best interest of the country; ployes, and better than it has been heretofore done with four hundred and I desire merely to make this suggestion to gentlemen on thisfioor employes. representing the republican party of this country, and I think it is a Mr. RANDALL. I desire to say a word in reply to the statement wise one for them if, indeed, they are sincere in their efforts. I have of the gentleman from Iowa [Mr. KASSON] in connection with this listened to all the suggestions made on this side of the House, and bill so far as it relates to the reduction of the number of employes. especially by our most active and vigilant committee, upon the sub- I maintain, first, that there are a grea,t many too many employes in ject of appropriating money to carry on the Government. ·we have all the Departments. seen the results of their labors and the country has seen the results I say further that if the law is adhered to as to the num her of hOUl'S of their labors, and the country, being folly informed of what has that the clerks shall be employed even under this bill, with the re- taken place in this House, will judge between the two parties. duced number of clerks that we allow, we can obtain as many hours My observation has been that there have been but few proposi- of labor out of the reduced number of clerks for the next year as tions by our Committee of Appropriations to reduce the expenditures have been obtained from the larger number now employed i,n the De- of the Government that have not been objected to on the other side. partments. Mr. KASSON. The gentleman is not quite correct there. The gentleman from Maine [Mr. HALE] talks about discretion in Mr. JONES, of Kentucky. In almost every instance. the character of appropriations. M.r. FOSTER. Not one in :fifty. Now the sundry civil bill is a fair illustration of the" discretion" Mr. RANDALL. The record shows it. which each House recognizes on these appropriation bills. The Ex- .Mr. JONES, of Kentucky. The suggestion I would make is this: ecutive Departments estimate that there should be appropriated for Let us take charge of the Government in this respect. You have done the sundry civil purposes of the Government $32,560,000. There was your duty most folly ; we are now at something like a dead lock. If appropriated for the year ending June 301 1876, according to the 1876. CONGRESSIONAL RECORD- · HOUSE. 4351 statement, 26,644,000, although the paper to which the gentleman The previous question was not seconded, there being-ayes 45, from Ohio alluded a moment ago makes the appropriations of last noes 77. yem· for sundry civil expenses . 29,000,000. Now the House has appro- Mr. SEELYE. I withdraw the resolution. The gentleman from priated 14,850,000 in the sundry civil bill; and I will show yon what New York declined to yield for any purposes involving discus:sion or kind of" discretion" the Senate has exercised in connection with the consumption of time. t.ha.t bill. The Senate has added to it $3,644,274 for purposes of every Mr. RANDALL. I object to the withdrawal. The resolution is not description, none of them necessary and none of them, so far as I am now within the control of the gentleman; it is in the possession of able to see, required by law. That is the kind of" discretion" in the the House; and I move the amendment I have indicated. Upon way of economy which the Senate exercises, and it is a kind of " dis- that I ask the previous question. cret.ion" which I hope this Honse will resist. The SPEAKER pro tempore. The resolution is before the House, I now desire a. vote, and call for the previous qnestion on my mo- and the gentleman from Pennsylvania offers to amend it. tion that the House agree to the request of the Senate for a further Mr. BURCHARD, of illinois. Tbe gentleman from Massachusetts conference. [Mr. SEELYE] has a right to withdraw his proposition until the pre- Mr. KASSON. I want to say to the gentleman from Pennsylvania vious question is ordered or an amendment is adopted. that what gentlemen on his side call" reductions" are very largely Mr. SEELYE. I rise to a point of order. The gentleman from mere postponements of expenditures, as for instance the appropri- New York [Mr. LEAVENWORTH] had yielded to me for the sake of ation for public buildings, fortifications, &c. introducing a resolution, on the ground that there would only be a Mr. RANDALL. If there be any branch of the public service that vote upon it, and that it would entail no further delay. I feel that has been more improperly or corruptly administered than the ex- it is only good faith to him, inasmuch as the matter has become com- penditures of money upon public buildings, my experience does not plicated, to withdraw my resolution. show it. Mr. HOLMAN. The gentleman has no right to withdraw the reso- Mr. KASSON. Well, Congress is responsible for it. lution after there ha.s been action upon it and the previous question Mr. RANDALL. I say here that in connection with the expendi- has been called. tures for public buildings in years past there have been the grossest Mr. BURCHARD, of Illinois. If the Chair has any doubt upon abuses that can be conceived of. the subject, I can refer him to the rule. Mr. KASSON. Initiated by Congress in every case. The SPEAKER pro tempo're. The Chair would be very glad to have Mr. RANDALL. I do not care w.bo initiated them. the gentleman refer to it. Mr. KASSON. I agree with the gentleman that there are evils in Mr. KASSON. It is the fortieth rnle, to be found on page 170, and that direction needing correction ; but nevertheless many of these reads- as follows : . · expenditures will have to be made some time. 40. After a. motion is stated by the Speaker or read by the Clerk, it shall be The previous question was seconded and the main question ordered; deemed to be in the possession of the House; but may be withdrawn at any time which was upon the motion of Mr. RANDALL that the House agree to before a. dooision or amendment.-April 7, 1789. the request of the Senate for a further conference. Mr. RANDALL. 0, you are put right on this question of economy, The motion was agreed to. and I insist on my amendment. The SPEAKER pro tem.pm·e announced the appointment of !.Ir. RAN- The SPEAKER pro tempore. The Chair is compelled under the DALL, Mr. SINGLETON, and Mr. FOSTER as the committee of confer:- rules to decide that the gentleman from Massachusetts has a right to ence on the part of the House. withdraw the resolution; and it is not before the House. Mr. SEELYE. I now offer my resolution of instruction to the com- The Chair appoints as conferees on the part of the Honse on the mittee. bill (H. R. No. 1771) t,o declare forfeited to the United States certain' Mr. RANDALL. Yon cannot instruct a conference committee. If lands in the State of Kansas in aiding the construction of a raih·oad, bound by instruction, it would cease to be a conference committee. approved March 3, 1863, Mr. GOODIN, Mr. FULLER, and Mr. McDILl.. Mr. SEELYE. Is it not within the power of the House to instruct ?tiESSAGE FROM THE SENATE. its own committee t A message from the Setrate, by Mr. SYMPSON, one of their clerks, an- Mr. RANDALL. The conference committee is composed in part of nounced that the Senate had passed a bill of the following title ; in representatives of the Senate. Such a committee cannot be in- which be was directed to ask the concurrence of the House: stmcted without ceasing to be a conference committee. Mr. KASSON. The gentleman from Massachusetts [Mr. SEELYE] A bill (S. No. 655) to confirm to the city of San Jose, in the State of can accomplish his object by modifying the resolution so as to declare California, the titles of certain lands. that " it is the sense of this House," &c. The message further announced that the Senate had passed a con- Mr. GARFIELD. The gentleman from Pennsylvania is correct in current resolution authorizing the printing of ten thousand copies of saying that we cannot instruct a conference committee; because a. the report of the Commissioner of Education for 1875. ·conference between the two Houses must be ''full and free." The message further announced that the Senate had pa-ssed, without The SPEAKER p1·o tempm·e. That is correct. amendment, the bill (H. R. No. 567) for the relief of Anderson J. Mr. GARFIELD. But the House can express its opinion in a reso- Smith. lution, without putting it in the form of instruction. The message further announced that the Senate insisted on its The SPEAKER pro tempore. The gentleman from New York, [Mr. amendments disagreed to by the House to the joint resolution (H. R. LEAVENWORTH,] being entitled to the floor on the Geneva award bill, No. 109) for the issue of silver coin, and agreed to the conference yielded to the gentleman from Pennsylvania [Mr. RA4~DALL] for a asked for on the part of the House on the disagreeing votes thereon, specific purpose, which has now been accomplished. The gentleman and had appointed Mr. SHER.'\IAN, Mr. BoUTWELL, and Mr. BoGY as from New York is entitled to the floor. managers of said conference on the part of the Senate. Mr. CONGER. This 1·esolution is proposed to be offered to express GENEVA AWARD BILL. tbe sense of the House upon the subject-matter connected with the The House resumed the consideration of the Geneva award bill. conference. Mr. LEAVENWORTH. Mr. Speaker, I had not originally intended Mr. SEELYE. Will the gentleman from New York [Mr. LEAVEN- to occupy any of the valuable time of this House on the question now WORTH] yield for a moment to allow this resolution to be voted on f under consideration. I had partially formed an opinion in regard to Mr. RANDALL. Let him do so; I have no objection. the decision of this matter, and I sat down to listen to the remarks Mr. LEAVENWORTH. I yield for the purpose of having a. vote of the honorable gentleman from Iowa. [Mr. McCRARY] with the full taken, bnt not for any discussion. conviction that at the end of his argument, on whichever side it might Mr. SEELYE. I have no desire to discuss it. I offer the resolu- be, I should doubtless be drawn to the same conclusions with himself. tion, modifying it so as to declare that it is the opinion of this House, For that honorable gentleman, for his le~al acumen, his sound, vigor- &c.; and upon the resolution I call the previous question. ous common sense, the unimpas~::~ioned ana.judiciaHairness with which Mr. RANDALL. I shall desire to offer an amendment after the he approaches the consideration of every subject, brought to our atten- resolution is read. tion, I entertain the most profound respect. It is therefore with dif- The Clerk read as follows: fidence in the accuracy of my own judgment and with some hesitation Resolved, That it is the opinion of this House that the committees of conference that I proceed to reply t{) his able argument in support of the report on the disagreements- between the House and the Senate on the pending appropria- of the majority of the committee and to assign my reasons for dissent- tion bills should hereafter seek an agreement in the first place npon matters which ing from his conclusions. The argument which he submitted to the conform to present existing sta.tutes,!eaving matters of new legislation for second- House on this question entirely failed, however, to convince me of ary consideration. the correctness of the propositions which he endeavored to demon- Mr. RANDALL. I now move to amend by adding "except such strate and of the conclusions to which he arrived. The honorable items as, being germane to the subject-matter of the bills, would re- gentleman from Iowa coincides in opinion with the majority of the trench expenditures." committee and sustains their report, while I coincide in opinion with l\lr. SEELYE. I desire to have the question presented to the the minority and sustain their report.. Honse without complication. I call for the previous question. He endeavored to satisfy this House of the justice of the conclusion Mr. RANDALL. I offered my amendment before the previous ques- to which the majority of the committee had anived by an examina- tion had been called. tion of the treaty and of the award and, as he said, of the action of The SPEAKER pro tempm·e. The gentleman from Massachusetts the arbitrators. The latter part, unfortunately, he substantially over- offered his resolution and at once caJ.led for the previous question looked. He did examine the treaty and he examined the award, and upon it. The only manner in which it can be amended will be by he thought he was able to deduce and maintain from the provisions voting down the previous question. - of the.treaty and from the award the conclusion that the United States 4352 CONGRESSIONAL REOORD-HOUSE. JULY 1, reserved to itself the right to dispose of this award according to its stroy.ed f Are they any more so than 1\Iessrs. Lowe & Co., or GrinnAll best discretion. . · & Mmturn f No matter bow wealthy the stockholders in these in- I, on the other hand! examined the same treaty and the same award, surance companies may be, there is no evidence before ns that they and came to the cone nsion that the United States has no right to are any more so than the owners of these vessels which by the terms dispose of t.he amount of this award except to those parties whose ?f this bill have priority of payment. Are not all such .a ppeals rather property was paid for by the award. rn the nature of a lawyer's argument in behalf of his clients t Do I thlnk I may with great point and with entire propriety insist they not carry that aspect with them 7 Are they not rather the ap- that the honorable gentleman has inad'Vertently confessed and ad- peals which we have all often heard in cases where merits were want- mitted the fallacy of his own conclusion in the course of his remarks. ing, where the speaker felt keenly the weakness of his case, and there- His evenly-balanced and well-poised legal mind, to~ether with his fore appealed to sympathy or to prejudice rather than to the eternal judicial fairness, compelled him to remark at one pomt in his argu- principles of justice and right. ment as follows: Again, the honorable gentleman from Iowa [Mr. McCRARY] in his My task shall he to establish the proposition that it is within the power of Con- argument insisted because the arbitrators awarded a sum in grOF:.:J, gress to exercise a discretion in the distribution of this fund, and so to distribute it because this Gov~rnment requested that a. sum in gross slwuld be as to pay the actual sufferers the amounts tohich they lost by reason of Great Brita:in's wrong. awarded, because it directed our counsel at Geneva to make th6 request that the award might be in gross, that such fact furnishes At another point in the argument of the honorable gentleman the strong evidence to show that the Government intended when it re- same just view of the caBe is again expressed thns: ceived the money to be at liberty to use its own discretion in dispos- I maintain that by reference to all of these (referring t() the treaty, the award, and ing of it. Now I submit that it does not show any such thing. It no the proceedin{ls of the arbitrators) it is apparent that the Government of the United States did retain control of this fund. the right to dispose of it to actual8'U{- more justifies that conclusion than it does the very opposite conclu- ferers by reason of England'N wrong, bounded only by the subject-matter of the sion that tho Government intended that that money should be dis- arbitration. ti·ibuted precisely in the manner indicated by the report of the Now, the honorable gentleman will not question the decisions of minority of the committee. It shows neither the one thing nor the arbitrators or their high and paramount authority. He will not the other; it shows merely that they preferred that this Govern- go back of any decisions made at Geneva. But that honorable board ment should distribute the money rather than that England or the decided that the very persons to whom the honorable gentleman pro- arbitrators should impose conditions upon its distribution. The Gov- poses to distribute this fund were not ''sufferers by reason of Great ernment of this country preferred to keep it in its own hands to be Britain's wrong." They unanifllously decided that they );lad suffered distributed as the justice anti equity of the case might require. It 'IUJthing whatever by reason of Englanifs1m·ong. In regard to them she does not furnish a particle of evidence to show that the Government had violated no law of neutrality, and therefore, according to the above did not intend that all persons whose properLy was paid for by the proposition of the gentleman, they had not the slightest claim upon award should have their damages out of the sum awarded. \Ve are any part of the award. What, then, becomes of the gentleman's bound to presume that the Government intended to do perfect and conclusion f exact justice to all the parties in interest, and there is not a word in Allow me, however, Mr. Speaker, to examine some of the other the treaty or in the award to militate against that conclusion. grounds taken by the honorable gentleman from Iowa. He based The honorable gentleman greatly errs in the conclusion which be his argument entirely on the provisions of the award and of the dJ·aws from the terms of the treaty. On the contrary, the treaty treaty, and he insisted that, as he found nothing in the treaty or in shows exactly the reverse of the conclusion which he draws from it. the award which bound the Government of the United States to dis- I want no better or other evidence to show that from the beginning • pose of this amount to any particular class of claimants, therefore to the end the Government bas intended nothing less than that the the Government had a right to dispose of it according to its best judg- money when recovered should go to pay t.he very damages a warded for ment and discretion, overlooking the limitation above set forth by the very property destroyed and which England was adjudged liable him. and bound to pay for for her violation of her obligations as a neutral. How was it pos&ible that the treaty should contain provisions for If the Government did not intend that, then I affirm that it was guilty the distribution of the amount awarded, since at that time it was in the first place of a. most gross and infamous fraud and swindle on necessarily unknown what claims would be allowed, and what disal- the claimants in this case. If the Government intended originally or lowed. at any time thereafter to get these claims into its hands, to negotiate Why, too, should such a provision be embodied in the treaty, when with England for their payment; if it made this treaty, caused the England could have had no wish to insert it, and the United States arbitrators to be appointed, and finally obtained this award of · were unwilling it should be done. What inference, then, can possi- $15,500,000, all the time intending when the award was obtained to bly arise from the fact that the treaty does not bind the United States dispose of it according to its discretion, without respect to the persons to distribute the award to any particular ')laimant. or corporations the value of whose vessels and cargoes wa included Now I hold, Mr. Speaker, that aside from this award and aside from in the award, then it intended as gross a swindle on those persone this treaty, there are other great and important principles of t•ight whose claims were placed in its hands as ever dishonored the most and justice which ought to govern this Honse in its :final decision in corrupt of governments. But I insist that the Government intended this ca-se: the great principles of right and justice which came down no such thing. It would be a gross impeachment of the character of with our first parents from the eternal Throne; the principles promul- several of the most honorable and distinguished officers of the Gov- gated among the lightnings and thunders of Mount Sinai, which have ernment to suggest it. come down through all the aO'es, which are recognized in all lands, The very treaty itself shows that the Government all the time in- which are guaranteed not oniy by the Constitution of the United tended to recognize the respective rights of thE' owners of these claims. States, but by the constitution of every State in this Union; the right What does the tenth article of the treaty provide for 7 It provides that which every person bas to the absolute possession of his own prop- if the arbitrators did not award a sum in gross-and it was within erty. That is the great fundamental principle in my humble judg- the election of the arbitratol'l:! to award the one or the other, nil they ment on which this question ought to be decided. I have been surprised in their judgment might deem best-then a board of assessors should to see honorable gentlemen upon this floor, instead of submitting the be appointed who should assess the amount of each claimant's dam- question to the cool, deliberate, unbiased judgment of the Honse, ages so far as Great Britain should by their decision be held bound appealing to its sympathies and to its prejudices, not willing to rest for the payment of such damages. Now I have heard no gentleman the case on the sober judgment of the Honse, not willing to have it on this floor, and I presume there is no one here who will, deny that, if decided in the manner in which this and a11 other great matters these assessors had been appointed under the t.enth article of the brought before us 01lght to be decided. The honorable gentleman treaty and had made an assessment of the damages in the case of from Maine, [Mr. FRYE,] who addressed the House yesterday, spent each individual, each person whose damages were thus assessed a large part of his time in endeavoring to throw odium upon the in- would have received the precise amount of his assessed damaJ?es. Is surance companies-to make them obnoxious to the prejudices of this there any gentleman here who claims that thilot is not so f .No gen- Honse. I submit to every gentleman before me whether it is in good tleman on this floor has yet taken any such ground. The terms of taste for statesmen on this floor, whether it is the duty or even the the tenth article of the treaty are too plain to be misunderstood. privilege of gentlemen here to attempt to appeal either to the sym- And if they do not take that ground then they admit that by the pn.thies or to the prejudices of honorable members. Now, both the very terms of the treaty the Government recognized the right of the- gentleman from Maine and the honorable gentleman from Iowa re- respective owners of this property, and the principle that when the ferred in the course of their remarks to the 1•ich insurance companies, value of the property was assessed by the assessors each of the owners and from time to time dwelt upon the fact that they were supposed would be entitled to receive the precise amount at which his dam- to possess large amounts of accumulated wealth. Now, I submit that ages were assessed. Therefore the 1neaning and intenticm of the Gov- that is a. most unfair, dangerous, and unworthy mode of presenting a. ernment is that expressed in the tenth section of the treaty; that question before this House. I submit that it is quite possible and section can mean nothing but that no interpretation of its meaning perhaps probable that the wealth of these companies is not greater, has been or can be ::nade so unfair, so distorted, as to impute to it any perhaps not as great, as that of many of the large ship-owners whose other or different meaning. No one has even att-empted it. vessels and cargoes are by the bill of the majority of the committee to But, if the construction of the honorable gentleman from Iowa is have priority of payment from the proceeds of this award. Is there true, then the Government, in addition to a gross fraud and swindle on any evidence before the House, or any reason to suppose that the the sufferers, is guilty in the sec~:md place of this duplicity: If it was in- owners of the ships destroyed were not as wealthy as the insurance tended by the seventh article of the treaty, as contended by the hon- companies f Are the stocklwlders in insurance companies any more orable gentleman, that in case the award was made in gross it would apt to be surfeited with money than the owners of the vessels de- do what it pleased with the money, using simply its own discretion 1876. CONGRESSIONAL RECORD-HOUSE. 4353 in the distribution, and als'o intended by the tenth section that if the Gentlemen urge that in this case they ought to have their pay, be- damages were assessed then the claimants .should receive the pay for cause their claims were sati..~fwd by the arbitration. Thf\ final award their property according to the a8sessment, then this Government of course closed up and forever ban-ed all cl-aims they could ever have '' of the people, for the people," was guilty of an infamous and most on the government of Great Britain. That was the very object of fraudulent act of double-dealing and deceit ; this Government secretly the treaty, was it notf The treaty was made for the express pur- and clandestinely intended by one article of the treaty to do just pose of settling forever all this matter in controversy in regard to the what it professed to be doing and just what it was in common honesty Alabama claims. H the claims disallowed, just as much as those al- bound to do, to obtain, if possible by the decision of the arbitrators, lowed, had not been barred, the great object of the treaty would have fnll compensation from Great Britain for the damages sustained by failed entirely. To sa.y, therefore, that these persons whose claims ea.ch claimant by her wrongful act, while at the same time by another were disallowed by the arbitrators may come in here and ask pay- article of the same treaty tbe Government intended when the money ment out of the amount allowed for da-mages sustained by other per- was obtained to set up the new, unheard-of, monstrous, and wicked sons seems to me to be one of the most monstrous, one of the most claim that, by some mysterious process, (which has not yet been satis- unreasonable, one of the most unprecedented and unjust claiiDB that factorily explained, although a number of these gentlemen have at- ever was advanced in any court of just.ice or any legislative hall. In tempted it, each in a way peculiar to himself, and entirely different nearly or quite every treaty made by the Government for the adjust- from the other,) this 15,500,000 of the property of our fellow-citizens ment of the claims of our citizens there is a similar provision. With- bas without any warning or notice become th~ property of the Gov- out it the treaty would be idle and nugatory. The claims which are ernment, to be disposed of as our sympathies or our prejudices may not presented and those which are presented and disallowed are as dictate. All this is simply a reductioadabsurdum. It is not to be believed perfectly satisfied by the treaty as if allowed and paid. Bnt in all for one moment that the Govemment of this great country had two times past never did a claimant whose clnguage of Judge Story in the case above law, nor justice, nor common sense. To lay down the principle that cited. Speaking of the opinion of the court in Campbell vs. Mullett, because the Government procures an award or funds in au~· man- he says: mer from a foreign government by its own act and at its own cost for Such is the language of the learned judge, and we cannot say that the reasoning damages sustained by our citizens gives to the government the slightest is at all satisfactory. It is not universally, though it may ordinarily be, one test 1·igltt in the fund recovered is utterly abhorrent to every principle of of right that it may be enforced in a court of justice. Claims and debts due from a sovereign are not ordinarily capable of being so enforced. NeitheT the kin~ justice and common honesty. No such doctrine has ever before been of Great Britain nor the QQvernment of the Umted Stares is suable in the o:rdi· put forth. No such principle up to this time in our history has ever nary courta of justice for d.ebts dne by either; ·yet who will doubt that !Inch debts been acted upon. It is the highest and most imperative duty of the are riahts t It does not follow because an unjust sentence is irrevel'f!ible, that the party~ lost all right to justice or all cL'\im upon principles of public law to re- Government to vindicate the rights of our citizens, to protect them muneration. With reference to mere municipal law he may be without l't'm~dy; in the enjoyment of all their rights both at home and abroad. But the but with reference to principles of international law, he has a rij?;ht both to the jus- protection which the honorable gentleman from Iowa approves is tice of his own and the foreign sove1·eign. The theory, too, that an indemnification the protection which the vulture gives to the lamb. As she enforces for unjust captures is to be deemed, if not a mere deviation, a.s in the nature of a the payment of the claims of all our citizens in foreign countries "by dona.tiori, a.s contrastud with right, is not admissible. her own acts and at her own cost," she possesses in all cases the right Why, sir, what could be more absurd than to insist that a contractor to rob. and to reward whomsoever she will, if the above dictum has for carrying United States mails had no right to his pay because he any foundation in law. _ could not collect it by law f Did any one ever think of using such The gentleman from Pennsylvania [Mr. JENKS] who sits before me, language f And yet he cannot enforce it in any court, because the and whose great learning I very much admire and respect, has in- United States is not capable of being sued. No private individual vented another source of title in the Government and an entirely could have sued the government of England for any of her wrongful different one, and I think the gentleman is entitled to the merit of acts, and yet they had rights which by the laws of nations she was original discovery for-the learned argument which be made and the bound to recognize. Having these rights, owning this property de- title which he invented. It was an argument or idea never suggested stroyed, the question arises, how were they divested of this property f by anybody down to that time. Mr. Seward harl never thought of At what period in this transaction and by what new and unheard-of making any such claim on the ground of "paramount right." Mr. process did the owners of these vessels destroyed by the three incul- Fish never made a claim on any such ground. Mr. .Adams never made pated cruisers become divested of their rights T "No one denie that it in any communication which he addressed to the British govern- the insurance companies, after they paid the full value of a vessel or ment. It was never insisted on at all before the arbitrators at Geneva, her cargo became subrogated to the rights of the original owners. and it was never thought of or dreamed of by any one until it sprang That principle is found in all the books, and was admitt-ed by the from the active brain of my learned friend from Pennsylvani~ When 'counsel of Great Britain at Geneva. Now, in what manner was that that gentleman made his remarks we heard for the first time of this right of the insurance companies divested T Their right was absolute ''paramount right in the government." when they paid in full. Was it divested when they put the claim I hope the honorable' gentleman from Pennsylvania will excuse me into the hands of this Government at its special solicitation to a.ot as for calling to mind and quoting the words of a distinguished gentle- their agents in enforcing itt Was it divested when this Government man of ancient times on an occasion slightly similar, when he said sent these claims to England and presented them to the British gov- to another learned and di.s tinguished gentleman : ernment in the names of the several owners f Did that divest them of "Paul, thou art beside thyself; much learning doth make thee mad." their right f Were they divested of their right when the Government a~ed to a board of arbitratorstodecideastotheir rights! Werethey Now let us look at this question of "paramount right" invented by d1 vested of their right by the solemn award of the most august tribunal the honorable gentleman. The gentleman proved that for a certain which the world has ever seen expressly declaring that England had length of time we a-ctually had a rebellion in this coqntry. He satis- failed in her duty as a neutral, and was bound to pay for all damages fied everybody in this House of that fact. He showed also satis- sustained by the acts of the three inculpated cruisers and their tend- factorily that the rebels eventually acquired belligerent rights. I ers, and awarding $15,500,000 for that purpose, or did they lose their think there wa~ no doubt of that fact before the gentleman proved it. rights when the fund awarded to pay their damages passed into the He showed further that they acquired the same rights as they would haJ;ids of their agents, the Government of the United Statesf Which have acquired had they been a foreign nation. And there was no of all these processes divested the right of these parties to the prop- doubt of that fact. . But the gentleman claimed in addition that erty they owned T It is absurd ~o talk of its being divested, and it is when they took one of our vessels and held it for twenty-four hours 1876. 00NGRESSIONAL RECORD-HOUSE. 4355 they thereby acquired an absolute !igh~ to it, and the municipal titl.e This proposition is not true. Sho did become liable. In Comegya of the owner wa~ divested and extmgmshed. I should have no he~I­ vs. Vasse Judge Story expressly affirms the liability and the claim· tation in admitting that to b~ so if it were a fact. But I doubt 1ts ant's right. If there was no liability on the part of England, why being a fact. I have never heard of a titJe being divested by the did Governor Seward request that the claims should be forwarded capturing of a vessel and the holding of it for any length of time, to him with a request in express terms for his interposition with the unless it waa adjudicated upon by a court and an adjudication made British government Y in favor of the captor. I suppose that would pass a perfect title, If there was no liability, why were the claims presented to the and that nothing short of that would do so. But on this point I am British government and their payment demanded; why presented not particular. to the aruitrators by our counsel and insisted upon f Let us see wh&t we~e the arguments of the gentleman. He said Why, too, ditl the arbitrators recognize and affirm such liability by the municipal title of the owner of the property was utterly extin- their award and by the following language in it: guished and gone whenever the capture took place. But I would like And whereas, in order to arrh·e at an equitable compensation for the damages to know of the honorable gentleman whether the "paramount title" which bM·e been sustained, it is necessary to set aside all double claims for the of the Government was not also gone in that event, and at the same same losses and all claims for "gross freights" so far as they exceed "net freights.'' time f When a vessel was captured, and when she was burned, when Again, too, if there was no liability, how remarkable that the Pres:; her entire spars and sails and hull were all converted into ashes, I ident in his message of December 5, 1870, should recommend Con~ess think the title was very much gone, whether we consider the par~ to purchase these very claims, "so that the Government should nave mount title of the Government or the title of the owner. There was the ownership of the private claims as well as the responsible control not.hing left to which a title could attach. of all the demands against Great Britain".'' [Here the hammer fell.) Will the committee still insist that "Great Britain did not become Mr. LEAVENWORTH. Has my time expired f liable to any citizen of the United States for any loss sustained bv The SPEAKER pro tempore, (Mr. HANCOCK.) Yes, sir. The gentle- him by such cruisers 1" I think not. In the face of such proof of her man has occupied thirty minutes. liability, such an affirmation would involve the very sublimity of Mr. LEAVENWORTH. I thought we were under the hour rulE~. audacity. That proposition must be abandoned. The liability ex- The SPEAKER pro tentpore. The statement made to the present isted; the power to enforce it by the citizen W8B all that was want- occupant of the chair was that the gentleman from New York [Mr. ing. The right itself was perfect, and so held by the arbitrators. LEAVENWORTH] was limited to thirty minutes. The next abstract proposition is that- Mr. LORD. I will explain this. I was asked by the Speaker to Neither could such citizen make any legal claim therefor on hie own Gi>vern- mark down the times which I understood the different gentlemen who ment. were to speak would occupy. I marked some thirty minutes, and This is true; but it is no more true than it is that he could not make some fifteen minutes; and I marked thirty minutes' time to the gen- any legal claim therefor on Denmark or Japan. But how does that tleman from New York, having understood that he was only to speak proposition, when admitted, aid the- Government in acquiring a right for that time. If he desires to speak at greater length, I p~ume in or over this award f The sufferers made no claim on the United there will be no objection to his time being extended. States; they simply requested that she shoul~ perform the duty which There was no objection, f!ind Mr. LEAVENWORTH'S time was ex- she owed them, as she had done a hundred tunes before. tended. The third proposition is as follows : Mr. LEAVENWORTH. When a vessel was seized by one of these The wrongs done by Great Britain to the United Statcnvere treated throughout inculpated cruisers which was burned and destroyed no one possessed as a national claim. anything that could be call~d a titl~ to that which had no existence, This is true also; but those claims were every one of them rejected but the title was converted mto a nght, and when a vessel was de- and disallowed by the board and expressly abandoned by our agent. stroyed by one of the inculpated cruisers the owner of the vessel had But the wrongs done to our citizens were treated as private claims, a claim to be paid by Great Britain, provided she had been guilty indemnity for which, as in all other similar oases, was demanded by of any wron~ful act under the laws of neutrality. This right survives the Government, who alone could demand it. They were so treated the destructiOn of the vessel. Under that head Mr. Story declares, as by Governor Sew.ard and :Mr. Adams, so presented and urged by our quoted above, that that right is perfect, and although it cannot be en- agent, so spoken of by the arbitrators, so mentioned by the President. forced by law, still it can he _enforced by tr~aty. ~ut although ~he Congress undoubtedly has the power to cover this $15,500,000 into title of the owner had ceased wtth the destructiOn of his vessel, the title the Treasury or grant it for the support of common schools. But also of the Government went with it, and was as much extinguished as thls docs not furnish the very jai1,test eviiknoe of her right to do so. the title of the individual. What then becomes of the honorable gen- Neither does the fact that she has made herself respondent throw the tleman's t.heory that it was on this paramount title of the Govern- faintest gleam of light upon the only question at issue-the right of ment, which had already ceased to hav~ any e~istence after t~e d?- the Government to tpis fund or to its distribution as she may plea.se. struction of the vessel, that we had obtamed this award f I think tt These are the only propositions on which the majority of the com- safe to say that this invention to justify the Government in plunder- mittee found the right of the Government to distribute this money ing the citizen of his property will hardly bear the test of a careful according to it.s discretion. To me they are most unsatisfactory. examination. We commence with a perfect title to the property vested in the But, in the first place, I might ~o further and sa.ythere never was any companies. We find it recognized by every officer of the Government such principle as a paramount tttle in the Government to my watch. holding any relation to it, recognized by the board, embodied in the The Government has always had the tight of eminent domain by award, and finally paid to the Government. But at some point they virtue of which it can take possession of any real estate if necessary have lost their recognized rights in this mysterious game of "now for its own use, but what other title the Government has I never you see it, and now you don't." It has slipped through their fingers heard, and I suspect the gentlemanfromPenns,ylvania himself never and gone to parties having no'"claims. heard of it until he devised and constructed that ingenious argument But suppose for a moment that these claims had been so treated by to which we all listened with so much pleasure. the Government; has it come to this, that the Government can by Mr. JENKS. Suppose in timeof war you were tosell your watch to this or any ot.her such shallow device convert the property of the cit- an enemy, would not your title be gone and that of the Government izen into that of the nation f It is unheard of. It is preposterous. remain f Once more: .Mr. LEAVENWORTH. No, sir; I do not think the GovernmE\nt would have any title whatever; I never have heard that the Govern- The moneys paid therefor were paid by the government of Great Britain to the Gi>vernment of the United States. ment had any title in it or could acquire any. I have thus examined with some c~e two of the mysterious ways Can it be possible that this proposition can be seriously urged as by which the Government is supposed to have become the owner of furnishing the mi.fmtest possible ground for the Government's claiming the property of these insurance companies, or if not the owners then any interest whatever in this fund f It is utterly puerile. It would such a trustee that the Government can give away the proceeds of convert every dollar which the Government has eve1· received from for- their property aecording to its sovereign will and pleasure, which to eign governments for dama~es done to our citizens into the property the companies is just the same thing. These two modes have nothing of the Government. It has mall cases been paid "to the Government in common, nothing very satisfactory. of the United States." We will now examine the third mode, which was devised by the A.ud last and least, the report declares that- 0 majority of the committee and will be found in their report. It will The Unitoo States is made the respondent upon the prosecutioll of any claim be be found in the following series of abstract propositions, -which I pro- fore the court organized by the act of CongreBS. pose to examine in detail : This can scarcely require a reply. .· · Great Britain did not become liable to any citizen of the United States for any I have thus· examined with some care all these dissimilar modes of loss sustained by him by reason of such cruisers. Neither could such citizen make converting the property of private citizens into the property of the any leaal claim therefor upon his own Government. The wrongs done by Great Government without their knowledge and against their will. B1-ltaii to the United States were treated throughout as a national claim. The moneys paid therefor were paid "by the government of Great Brit,ain to the Gi>v- .As a further and last reply to aii of them, Mr. Speaker, al_l~w me to ernment of the United States," and" the United Stat-es" is made the respondent suppose that these inculpated crmsers had escaped from BntlSh ports upon the prosecution of any claim before the court organized by the act of Con- in violation of the three -articles contained in the treaty, but that gross. . they had done no damages to the property of our citizens. The vio- Tho first proposition is that Great Britain did not become lia~le to lation of the law and the national claim would have been perfect. anv citizen of tlle United States for any loss sustained by him ~y But would the honorable gentleman from Pennsylvania or any other l'eason of such cruisers. gentleman on this tloor hazard his reputation as a sane man by claiming 4356 CONGRESSIONAL RECORD-HOUSE. JULY 1, that the Government would have bad any claim for pecuniary damages money remains after all the claims are paid it should be returned to or would )lave made any such claim f But if not, then these gentle- Great Britain. men are all compelled to admit that the property destroyed by the Mr. LEAVENWORTH. Not at all. three cruisers was the ground of the award or the measure and founda- 1\lr. FORT. I think so. tion for the damages awarded. This ·property furnished the on]y Mr. LEAVENWORTH. Suppose the sum awarded was not suffi- ground on which the award could stand. Take it away, and what cient to pay for the destruction of vessels by the inculpated cruisers, ground is leftf Who, then, by the simplest rules of the most common for the damage done for which Great Brihin was adjudged liable by and indifferent honesty, should have the sum awarded f Why pile the board of arbitrators, would we have any claim upon Great Britain up this great accumulation of refined and subtle fallacies, of learned for more f and elegant nonsense, to bewilder the understanding and obscure a Mr. FORT. No; becat;tse we settled that question. subject so simple and plain f Mr. LEAVENWORTH. We hat•e settled the whole question, and Mr. FORT. Will the gentleman yield to me for a suggestion 7 received $15,500,000 for doing so. Mr. LEAVENWORTH. Yes, sir; with pleasure. Mr. FORT. But in all honor, if we got too much we ought tore- Mr. FORT. I should like to have the distinguished gentleman from turn the surplus. · New York, who seems to speak with so much fairness on the question, Mr. LEAVENWORTH. No, sir. England would not have been reply to the suggestion that the insurance companies have already bound in honor to 'Pay more had the award been insufficient, and we assessed their customers in war risks and h\\Ve been paid all their are not bound in honor to return anything if we ~ave received too losses. much. There iH a contingency in each direction, but the award is Mr. LEAVENWORTH. I will with great pleasure give yon my final and one balances the other. views on that subject. The law of the last session provided in effect Again, it is said by the gentleman from Iowa that we do not know that if any insurance company had in fact received $5 more in war how this a.ward was made up ; and in the report of the majority of premiums than it had lost by the destruction of vessels, it should not the committee, quoting from Justice Raynor, I find the following: receive $1 for the lost property destroyed by t.he inculpated cruisers, It does not appear from the award or protocols what claims or losses are included alt.hough the property thus owned had been decided by the arbitra- in the amount awarded. tors to have been illegally destroyed by Great Britain, and the Gov- That is a very bold audacious assertion for the gentleman to make on ernment had the money awarded by the arbitrators to pay for that this :floor with that award lying before us, and with the p1aiu, undenia- very property in its bands. That law was indeed to this effect: That ble, and admitted decision of the arbitrators that the Government as if a vessel was captured by the inculpated cruisers and destroyed such had no claim whatever on Great Britain, and the a.g ent of the and was insured for one-half of its value, and that half was paid for by United States assenting to this decision and declaring that the claims the company insuring, whereby the company becrune the owner of on behalf of the Government "will not be further insisted upon before one-half of the vessel and the original owner still retained the other the tribunal by the United States, and may be excluded ft'O»l all oonsid- balf, the original owner should be paid in full for his half of the ves- eratimt in any atvaril that may be made." (Protocol4, id., volume 4, page sel, but the company should not receive a dollar for the other half, 19 ;) that the owners of all the vessels destroyed by all the cruisers of provide.stroyed, as in the case of insurE'l's and msured. valid claims against the defendant. I would like to inquire of the The Government wishes to hold hprself free to decide as to the rjghts of the claim- honorable gentleman whether those claims were not all of them and ants--insurers-upon the tennination of the case. · e\"ery single item in his bill equally satisfied; whether the claims dis- Why did she so wish; that she herself might confiscate the prop- allowed were not just as much satisfied as the claims which were al- erty; that she might give to thosewhoseclaims were rejected, and who lowed f Is there any reason, therefore, why these claims which did never had any claims! No such monstrous claim aa that was avowed, not exist as a claim against Great Britain, which were not recog- but only t.hat she might be free to decide as to the respective rights nized but were rejected, should not be satisfied by the award 7 of the claimants when they might conflict. He sets up no claim for Mr. Speaker, I do not know but I have noticed all the points which the Government, butexpressly recognizes the respective rights of the have been made in this case. I have intended to omit nothing which . 4358 CONGRESSIONAL RECORD-HOUSE. JULY 1, was even plausible. I have read no authorities to show that the rogation, by virtue of which it is claimed that. the underwriters, hav- underwriters were subrogated to the rights of the original owners. ing paid the owners of the veSSf\ls the value of the vessels, as in case It has not been seriously questioned. It was admitted by the coun- of a total loss, have the right of those owners in that fund. That is sel of Great Britain in their counter-case; is laid down by Judge the argument from the beginning to the end of it. And it will be Story, in Comegys vs. Vasse, 1 Peters. Affirmed by Daniel Webster. seen that it rests upon this simple proposition, that the owners of the and may be found in all the elementary works. I wish to say, vesSf'.l s destroyed had a claim upon the government of Great Britain; however, before I sit down that in my judgment this is the very a claim which could be enforced were there any tribunal in existence last tribunal which should have been selected, or which any gen- before which a foreigner could sue a sovereign state. tleman on this floor would ever select, for the purpose of deciding Now let us see what the proposition of international law is which a question of this magnitude and intricacy. I say " intricacy," these owners and those claiming through them must establish in because although to me the question seems simple and plain, al- order to make good their position. It is simply this: That iu case of though it seems to me that no gentleman can read that award or a war between two belligerents, the citizen of one belligerent nation read the report of the minority of this committee without coming to being the owner of a vessel captured by a ship of war of the other the same conclusion as myself, it is evident that very intelligent belligerent has a valid claim, arising out of the destruction of that gentlemen do come to different conclusions; and it is evident also that vessel and originating m such deRtruction1 upon any neutral nation scarcely any two persons on this floor, except the membert~ of the which in violation of neutral obligations nad aided a,nd abetted the committee, come to the same conclusion. The honorable gentleman belligerent whose cruiser destroyed that yessel. But I venture to from New York [Mr. HEWITT] has come to an entirely different con- say that no nation ever did or ever would admit the validity of any clusion from any of the three reports coming from the committee. such claim on behalf of a citizen of a foreign go'lernment, and that The honorable gentleman from Pennsylvania [Mr. JENKS] came to no case can be found anywhere where such a proposition bas been another entirely different conclusion. I understand that the honor- entertained by any court. It is importn,n t in this connection to re- able gentleman from Massachusetts, [Mr. WARREN,] who is next to member that we hope and expect that whenever this or similar ques- address the House has come to another and substantially a different tions shall hereafter arise the United States will occupy the po ition, one still. Now, I submit to gentlemen on this floor whether this tri- and claim the rights, and be subject to the obligations of a neutral, bunal, where one-half at least of the members cannot have time to and not tho&e of a belligerent. examine the case, and where other lar~e numbers will not, is one to Now I am aware that in a 'Certain class of cases it is true that where which they would be willing to submtt a case of this kind if they a neutral government has established neutrality acts, regulating the owned a vessel the title to which or the pay for which depended on duties of its citizens toward belligerents and prescribing what might the vote of this House. be lawfully done by belligerents within its territory, in such ca.ses Mr. Speaker, this is a question, if there ever was one, that should where a. vessel of war had been fitted up in violation of those neu- go before a court. It should .go to a body that can examine all the trality a-cts, and subsequently by some chance a ship captured by such questions raised and all this testimony with great care, with abundant vessel bad come within the jurisdiction of the neutral nation, in that knowledge and capacity, and with due time for the fullest delibera- event the courts of the neutral nation might intervene to restore the tion; a tribunal which is not appealed to on beha.lf of the poor, a particular vessel so captured to the person claiming it as the owner. tribunal where the appeal is not made to prejudices against the rich. And if the vessel making the capture, having been fitted out in vio- It should go to a court that is unbiased by any such appeals, that is lation of such neutrality laws, which are municipal laws and no part accustomed to judge of great questions of law and equity, and should of the law of nations, should come within the jurisdiction of the there be decided as all other questions of this kind are, simply upon neutral nation in violation of whose laws she was fitted out, perhaps Hs intrinsic merits. I hope some g ntleman on this floor will bring such neutral nation might confiscate the vessel itself. But there is in a bill to that effect, taking this case out of the jurisdiction of this no instance where a neutral nation has gone further and bas com- House and putting it in the hands of·persons competent to decide it pensated in damages the owner of the captured vessel, whether com- and to do justice and equity to all the p:uties interested in this gre!tt pensation was cl:J.imed on tho ground that such vessel was capt.nred fund. • by a. belligerent cruiser fitted out in violation of their neutrality Such a bill would remove this subject from the jurisdiction of a tri- laws or on the gronnd that the capture was made within the juris- bunal most unfitted for its examination and remove it to another diction of the neutral nation. where sympathy ann prejudice never enter, and where law, equity, I mention these two subjects in connection, for I take it the prin- and justice are meted out in equal measure both to the rich and to ciple on which a nation would be bound to enforce, so far as within the poor. its power, an observance of its own neutrality acts, bot.h by its own Mr. WARREN. Mr. Speaker, nothing short of a seven-months resi- citizens and by strangers within its borders, is nothing more nor less dence in Washington could give one the a-ssurance necessary to bring than the assertion of its own sovereignty within those borders, and him to speak in tills Honse at this late day on the subject of the Geneva is the same principle which requires belligerents to regard the para- award. Yet notwithstanding it baa been discussed both in this and mount authority of a. neutral nation within its own waters. the last Congress by some of the ablest lawyers of both bodies, and Nor is there any proof that in the negotiation of this treaty either apparently exposed from every point of view, I venture to attempt a the United States or the English government has recognized the right restatement of what seem to me the considerations which should gov- of the owner of the vessel to make a claim against Great Britain. Great ern our vote. I do this without any expectation of adding anything Britnin especinlly refused to recognize that right, and refused in the new to the argument, but because the discussion of the subject has course of the correspondence for a long t'me even to submit to arbi- been extended over many months and the points of difference, how- tration i.he question of her liability to the United States for violation ever well expressed, cannot be kept in mind as they would be in the of nent.ral obligations. What I refer to will be found in the reply of case of a continuous discussion. Lord Clarendon to Mr. Adams. Nor did the United States ever pre- The concluding remark of the gentleman from New York who has tend that it prosecuted this claim as tho agent of its injured citizens. just taken his seat, [Mr. LEAVENWORTH,] if I heard it correctly, in- The whole theory of the negotiation of the treaty, the whole theory dicates to my inind the question which underlies this whole discus- of the demand made by the United States from the beginning up to sion. He observed, if I heard him rightly, that this is not the proper the time of the final negotiation of the treaty, was that Great Britain place for the discussion !l.nd settlement of this question, that it should had violated her neutral obligations to this Government, and that by be remitted to the courts, and should be there decided as a question virtue thereof claims had arisen in behalf of the United States which of le~al right. Now, if I understand this question at all, that sugges- Great Britain wa-s bound to adjust, and a separate claim in favor of tion mdicates precisely the point of divergence between the different this Government was created whenever any confederate cruiser was parties to this controversy. On the one hand, the underwriters come built or equipped or manned and sent to sea by the aid or connivance in here and say that they have a legal, or, as I might term it, a quasi- of Great Britain in violation of such neutral obligations. We have legal, right in the fund which was recovered from Great Britain. I been told, and it is constantly repeated, that in the cour e of the pro- say a qunai-legal claim, rather than a legal claim, because I do full ceedings before the arbitration there was constant allusion to the justice to the line of argument which, while admitting that a citizen claims made, n.nd that in so alluding to them the amount of the claims cannot have a claim upon a foreign government which he can enforce was fixed by t•eferring to the ves els that were destroyed. Well, ir, in a court, yet may have a claim which his government is bound to that is undoubtedly true; l;mt, let me observe, the question I am now prosecute, so to speak, on his behalf. discussing is not what was the measure of damages. Tho question Now, the line of argument aasumed on behalf of the underwriters is when and where a.nd how did the claims arise. The proposition commences with this proposition: That the owners of the vessels de- which I believe cannot be gainsaid is, that the whole gi t and sob- stroyed by the Alabama and the other cruisers, the inculpated cruis- stance of the demand of the United States upon Great Britain de- ers so called, had, upon the destruction of their vessels, and by reason pended upon the fact that Great Britain had violated her ouligations of the destruction of their vessels, claims upon Great Britain. They as a ne-utral nation. had claims which they owned, claims which could be assigned. They I will not repeat, what has been repeated so often, the circnm- go ftJrther, and say that the United States intervened in behalf of its stances of this violation. They were different in the case of each of citizens, those citizens being the owners of those claims, and as at- what are styled the inculpated cruisers. But in each case we alleged torneys or claim-agents presented the claims to the government of and Great Britain denied that she had failed to do her duty as a neu- Great Britain; that by the process of the arbitration those claims tral. We claimed that from such violation we had a right to indem- were recovered; that the United States received this fund, but re- nit.y :.tS well as apology, and she admitted that if she had failed to ceived it simply as agents or attorne-ys, or (to use the language of the perform her neutral duties such apology was our dne, and the proper discus ion) as trustees for the owners of these vessels, and were indemnity she would make. And the question refened to the tri- bound to pay it to them. Then recourse is bad to the dictum of sub- bunal of arbitration wa.s1 first 1 whether she had violated her neutral 1876.· CONGRESSIONAL RECORD-HOUSE. 4359 duties; if yea, whether in one or two or more instances, and what was Mr. WARREN. I will yield for that purpose. · the amount of indemnity which the United States could claim. Mr. HOPKINS. I hope the gentleman froni California will with- Any other theory, particularly the theory of the underwriters, leads draw that motion for a moment to allow me to offer a resolution that to this absurdity : They say Great Britain was liable in a vague ought to precede it. equity, not legally, to individual claimants. But individual claim- SESSION OF CONGRESS IN INDEPENDENCE HALL. ants suffered no loss until their vessels were destroyed. Then if they had a claim it arose from the consequences of the illegal conduct of Mr. PAGE. Very wellj I will yield for that purpose. Great Britain. The violation of her neutral duties, you must say, did Mr. HOPKINS. I offer in behalf of the Committee on the Centen- not give this country a claim against her, but a consequence of such nial Celebration the following resolution: violation gave one of our citizens a claim which the nation prosecuted Resolved, That the two Houses of Congress will meet in joint convention in Jn. as his agent or attorney. Again, negligence when it furnishes a passing dependence Hall, Pbil~elphia., on July~. at iiine o'clock a. m., fat: the. purpose of proper resolut1ons commemorat1ve of the great event which m that hall ground for a claim is to be treated a.s an act, an act of omission it one hundred years ago brought this nation into being. may be. Now, as to whom was the act of negligence committed when Great Britain aided and abetted the confederates; against our citizens When the resolution offered by the gentlemen from Iowa [Mr. or a.g ainst us as a nation! The question suggests its own answer. I KAssoN] was discussed on yesterday, I stated that we had received shall have occasion to show horeafter that the acts of the confeder- no invitation, and that it was uncertain whether we could have pos- ate cruisers in destroying our merchant-vessels were not directed session of Independence Hall on that day. I now ask the Clerk to against any private ri~hts of property in these vessels, but was in read the telegram which I send to the desk. the exercise of what IS recognized in international law as legiti- The Clerk read as follows: mate warfare against our nation. A fortiori, a. neutral nation, even Hon. JAS. HorKINs, Ohn.i rman, Washington, D. 0. PHILADELPHIA, J1Jly 2, 1876, supposing it gave aid to one belligerent with malice aforethought, I am requested by the authorities to invite yon to meet at nine o'clock July i could not be held to contemplate as a result of its action anything in Inde\)endence Hall A special session of Congress in that hallowed plcWO at more than the consequences to the other belligerent. It could not such a time will be of deep interest to the whole world. suppose that its aid was to be availed of to affect private rights of JNO. WANAMAKER, Ohairman of Joint Oommittee. property except, of conrse, so fa.r as they might be involved in the consequences of a warfare legitimately conducted. Mr. HOPKINS. I do not desire to discuss the resolution so as to The arbitration was then the method which was adopted to obtain interrupt the gentleman from Massachusetts further than necessary, I the redress which informertimeswould have been sought byreprisal and therefore I will call the previous question on the adoption of the or by war. I am not going through the history of the g,r bitra.tion. • I resolution. know that if attention be directed to some observatioDB of the arbi- The SPEAKER pro tempore. The Ch'JJ.r would suggest that it trators or the counsel much confusion can be thrown over the scope should be a concurrent resolution. and purpose of the whole proceeding; but if gentlemen will turn to Mr. HOPKINS. I desire to make it such. the award they will find one contro1ling circumstance which confirms Mr. HOAR. I should like to ask the gentleman whether it is not a the view I take, and that is that in every instance where great Brit- pretty serious matt-er of constitutional power, and be has considered ain was held to liability the tribunal rested its decision upon the the question, whether without any law approved by the President ground that in the ca.se of each inculpated cruiser there had been a the two Houses can adjourn to a place beyond the limits of the Fed- failure in the performance of neutral obligations as laid down under eral seat of Government f the terms of one or another of the three rules fixed by the treaty as Mr. HOPKINS. I will make it a joint resolution, so that it will the rules of international law applicable to this case. require the approval of the President. There is nothing in the Con- If then there is no aut.bority for the position that the negligence of stitution which prohibits it. The meeting is not to be for legislative Great Britain in permitting the Alabama, for example, t.o be built and duties. equipped in or from her ports would give a claim against that nation Mr. HALE. There should be no doubt about this being a joint to a citizen of this country whose vessel might happen afterward to resolution, because 1that is clearly necessary. be captured by the Alabama, then all the rest of the argument in be- The SPEAKER pro tempore. The Clerk will put the resolution in half of the underwriters falls to the ground. If no such claim existed proper form. the United States did not intervene a.s the agent to prosecute certain The joint resolution (H. R. No.140) was then read a first and second private claims, the money was not received in trust for any class of time. claims, and all talk of subrogation is idle. Subrogation is predicable The question was upon ordering the joint resolution to be engrossed of rights. The right must have arisen on the destruction of the ves- and read a third time. sel and on account of such destruction. But that destruction was by Mr. WHITE. I desire to ask a quest;_o n; it is whether we will have a confederate cruiser, in the exercise of legitimate warfare. What- the right in Philadelphia to discuss and consider appropriation bills! ever crime Great Britain had committed bad been committed long Mr. HOPKINS. I do not think it fair to the gentleman from Maa- before, was a crime against the United States, waa complete when sacbusetts [Mr. WARREN] to longer interrupt him in his speech; and the Alabama set out on her cruiRe, had no reference to any particular therefore I insist on the previous question. person or particular vessel in the United States, and was not altered The question was taken upon seconding the previous question; and in its character or magnitude by the number or value of the vessels upon a division there were-ayes 71, noes17. destroyed. Mr. TOWNSEND, of New York. I make the point of order that no And this leads me to refer to the argument so well presented the quorum bas voted. other day b~ the gentleman from Pennsylvania. He stated clearly Mr. PAGE. I hope, as this resolution was introduced by the cour- the distinction between legal and illegal capture. In the one case, t-esy of the gentleman from Massachusetts, [Mr. WARREN,] who holds that of legal capture, all rights of property are divested. In the the floor, the gentleman from Pennsylvania [Mr. HoPKINS] will with- other case, that of illegal capture, they continue. Now, in the case draw it, the point having been msde that no quorum has voted on in question, when the confederacy had been recognizefl by neutral the call for the previous question. . powers and treated by our own Government as a belligerent, then Mr. HOAR. It certainly seems to me that this is one of the gravest captures of American vessels by war ships of the confederacy were questions ever submitted to Congress, the question of the legality of legal captures. When once made, all property of the ship-owner in this proceeding. I hope the gentleman from Pennsylvania. [Mr. HoP- the captured vessel ceased. If the vessel continued to exist it be- KINS] will inform us upon that point. I do not want to object to came the property of the confederate government. If destroyed there the joint resolution. was no property in the thing and no claim for its destruction re- Mr. FOSTER. The House is dividing on seconding the previous mained. I may admit that ordinarily the duty of the captor is to question, I believe. take the prize into a port of his own country andhave it condemned, Tellers were ordered; and Mr. HoPKINS and Mr. Wmrn were ap- but this duty ceases in case its performance becomes impracticable. pointed. It bas been questioned whether or not the confederate naval officers Mr. PAGE. I insist that the gentleman from Massachusetts [Mr. should have tried to run the blockade with their prizes; but I sup- WARREN] has tbe floor. pose most persons would agree that, considering the number of Ameri- The SPEAKER pro tempore. The gentleman from Massachusetts can vessels of war at sea and the difficulty of running the blockade yielded for the introduction of this joint resolution, and the House is in a sailing-vessel, the exigency was sufficient to take the captures now dividing upon seconding the previous question upon it. out of the general rule and excuse their destruction. And indeed the :M:r. PAGE. Cannot the gentleman from Pennsylvania withdraw law of prize does not properly extend to enemy's property. And the itt cases cited so often of the existence of the right of subrogation when The SPEAKER pro tentpore. He has not indicat.ed any disposition vessels have been captured are all cases of illegal capture, where, if to do so ; the joint resolution is now before the House and the tellers the master bad done his duty, he would have followed the ship to will take their places. - the port and prize court of the captor, and that court would have re- The House again divided; and the tellers reported that there were- stored him the property. But who ever beard of a ship-master or ayes 99, noes 18. ship-owner, whose vessel bad been captured by the enemy's ship of Mr. TOWNSEND, of New York.. I still insist upon the objection war, seeking in the prize court of that enemy to question the legality that there is no quorum voting. - of the capture T Mr. WHITE. This is a very serious matter. I am not a constitu- Mr. PAGE. Will the gentleman from Massachusetts yield to me to tional lawyer-- move that when the House adjourns it adjourn to meet on Wednesday :Mr. PAGE. I object to debate. . next. Mr. WHITE. We may be violating-- 4360 CONGRESSIONAL RECORD-HOUSE. JULY 1, Mr. PAGE. I insist upon my objection to debate. Now, everybody familiar 'With the matter of award of compensation The .SPEAKER pro temp01·e. Debat.e is not in order. The tellera knows that the phrase is used here a.s practioa.lly equiva.Jent to the will resume their places, as the Chair understands there are members second phrase used, "computation of damages," the award being the in the House who have not yet voted. aggregate of all the various matters of damage which are proved. The tellers resumed their places and continued the connt, and after But he would be a very poor lawyer indeed who should confuse the a time reported that there were-ayes 113, noes 23. items which went to make up the gross amount of damage with that No furt.h fr count being called for, the previous question was sec- which formed the ground of the claim for which the damage was onded and the main question. was then ordered. given. The distinction comes right here: The claim against Great The joint resolution waa ordered to be engrossed and read a. third Britain was a .claim on behalf of our Government for an injury in- time; and being engrossed, it was accordingly read the third time, and flicted by the violation on the part of Great Britain of its duties as a passed. neutral; but the award was ma.de up by a computa.tion of all the Mr. HOPKINS moved to reconsider the vote by which the joint damages which could be traced directly to those cruisers which went resolution was passed; and also moved that the motion to reconsider from British ports by the aid or connivance of the British govern- be laid on the table. ment; and the cla.ims which were reject.ed were rejected because upon The latter motion was agreed to. . familiar principles governing the law of the computation damal?es ,Mr. SPRINGER. I ask the gentleman from Massachusetts [Mr. they could not be traced directly to anything of which the BritiBh WARREN] to yield to me t.o offer a resolution in relation to an adjourn- government itself was guilty, or were of such a vague and indefinite ment over the Fourth of July. character that they could not be accurately measured in money. Mr. ·wARREN. I do not think I can yi~ld further, for it is proba- If, then, there is no legal claim on the part of the owner of the ves- ble the resolution will require the yeas and nay8 on its passage. sel to recompense directly from Great Britain and no duty on behalf Mr. SPRINGER. I do not think it will require that, and if it pro- of the United States to act ns a claim agent for such owner, what vokes any discussion I will withdraw it. other theory is there which may govern the distribution of the awar(l f Mr. WARREN. Then I will yield. Simply this: that the distribution is to be carried out, not as a mat- Mr. SPRINGER. I o.ffer the resolution which I send to the Clerk's ter of legal obliga~ion on the part of the Government, but in the li~ht desk. of a moral obligat.ion which the Government assumes to its own mt.i- The Clerk read as follows : zens. Before passing to this question I w:mt to say that I think one Resolved, That when the House adjourns to-day it will stand 3.1:1,jonrned until difficulty on this sul.Jject has arisen from the confusion of two clas es Wednesday next, the 5th day of July, savin~ the session in joint convention at Jn. of obligations: one the international obligations which a neutral is dependence Hall on the4thdayof July, provided the same shall be ordered by the bound to observe toward each of two belligerents; the other, the ob- two Houses of Congress · ligation which every belligerent assumes toward its citizens whose Mr. SPRINGER. On that resolution I call for the previous ques- property is destroyed in time of war. Now, this latter class of obli- tion. gat.ions is the one to which we must look in the further distribution The question was taken upon seconding the previous question; and of this awa.rd. It is not necessary·to go into the whole theory of the upon a division there were-ayes 77, noes 33. obligation of the Federal Government to its own citizens for losses ~fr. BELL. No quorum ho.s voted. incurred during the war. It is sufficient t bat I should call the at.ten- The SPEAKER p1·o tempore. No quorum ha.ving voted, the Chair tion of t.be Honse to the broad distinction between war carried on by will order tellers, and appoints ns such the gentleman from Illinois land and war carried on by sea. It bas been asked here in debate [Mr. SPRINGER] and the gentleman from NewHampshire, [Mr. BELL.] why, if the Government has a duty toward the owners of these ves- Mr. PAGE. I would like to inquire of the gentleman from Illinois sels destroyed by confederate cruisers, baa it not also a duty toward what his resolution means f every loyal citizen whose property was destroyed in time of warf The Mr. SPRINGER. The House has already passed a joint resolution answer is plain and simple; it rests upon the well-recognized principles providing for the meeting of Congress in joint convention in Phila.- of the laws of war. 1'he destruction of private property on land is delphla on the 4th day of July. Tha.t joint resolution does not pro- never legitimate, and in these modern days one belligerent never de- vide that Congress shall again re-3.88emble here; The resolution I stroys tlie private property of a citizen of the other belligerent ex- have offered provides that Congress shall re-aBSmble here on the 5th cept in case of absolute necessity. So the loss of propert.y on land is of July. · · a.lwg.ys to be treated as a loss occasioned by the exigency of war which Mr. WARREN. I must ask ~he gentleman not to int~pt me fur- the government cannot in the na.ture of things provide against and ther. · . for which the citizen whose property is destroyed has no clatm against Mr. ~?RINGER. I all! n.nder .obligation to the o-entleman from Mas- his government. On sea the rule il:! entirely different. Upou the sea sachusett~ [Mr. WARREN] to withdraw this resolution if there is any every meroha.nt-vessel is a. part of the t.erritory of the belligerent opposition to it. I therefore withdraw it. under whose flag she sails. The ot.ber belligerent has a right to make war upon that vessel and upon every vessel bearing the flag of its FQURTH OF JULY-:-WASHINGTON, DISTRICT OF COLUMBIA. enemy. The SPEAKER pro tempore appointed as a committee to attend tbe Now, this very fact that the capture of a merchant-vessel by the celebration of the Fourth of July, at twelve o'clock m., at l!,ord's war-ship of a hostile government is legal because the war is legally Opera House, by invitation of the Oldestlnhabitants' Association of. waged upon that vessel, is the ground of the equita.ble claim of the the District of Columbia, .the following: , owners of the vessels destroyed upon this Government. The fact that Mr. TUCKER of Vir!:,rinia, Mr. HURLBUT of Illinois, Mr. CULBERSON war may be legally waged upon the private merchant-vessels of a of Texas, Mr. LANE· of Oregon, ·.Mr. CUTLER of New Jersey, Mr. nation binds that nation to a corresponding obligation to dl1fend and SEELYE of Massachusetts, Mr. TOWNSEND of NewYork,Mr. O'BRIEN protect those vessels wherever they go on the high seas. . In earlier of Maryla.nd, Mr. ROBBINS of North Carolina, Mr. WHITTHORNE of times the il~ustrations of this in the books are very frequent. I refer Tennessee, Mr. HALE of Maine, Mr. OLIVER of Iowa, and Mr. GAR- to cases whtch turn on the question whether the merchantman had FIELD of Ohio.. . been guilty of negligence in failing to wait for convoy. The duty on GENEVA AWARD. the part of the government to furnish convoy was recognized, and The Honse resumed the consideration of the Geneva award biJl. the merchantman, on the other hand, was bound to enter· upon a voy- Mr. WARREN. Wheninterrupted,Ihadstated tbeproposition that, age so as, if possible, to have the safeguard of the convoy. History there being nothing to ·which the ·right of subrogation could attach, reminus us how often in former times whole fleets of merchantmen it would of course be absurd to say that any such right longer existed. went out under the protection and convoy of ships of war. The But the objection all through the discussion has been that the claims duty of the Government toward its merchant marine still exists, be- appear to have been recognized as individual claims, and the award, cause, however much the laws of war have been ameliorated in re- it is said, was made 11p by the enumeration of the different claims of gard to the conduct of war by land, they remain as heretofore in re- the.various owners. I think this mode of s~atement gives the most gard to the conduct of war by sea. Therefore, when it failed to pro- plausible support to the view of the underwriters. Bnt the trouble vide a proper convoy for its merchantmen, to offer or to take other with it is that it involves an ambiguous use of the word "claim." proper means to protect its merchant-vessels aga.inst the attack of the Now, it is undoubtedly true that the value of every vessel destroyed confederate war-vessels the Government was guilty of neglect of was taken into consideration by the tribunal; but it was for the duty, for whith it was bound t.o compensate those of its citizens who simple purpose of fixing the nmount of the award. It was never su.ffe.red from such ne~lect. The :proposition may be stn.ted a little considered of any consequence who the owner of the vessel was. more broadly. While m 1\aval warfare the blow falls upon particular The tribunal took the evjdence of the owners as to the value of the vessels belonging to the merchant marine a.nd the loss is sustained ships and the cargoes ; they took the evidence of the insurance com- by individual owners, yet the war is really waged aga/m;t the com- pn.nies as to the ::m1ount of the insurance; but they took pains that merce of the country; and the jnst.iiication for the rule which allows the same item did not go twice into the considern.tion of the total war by sea to be wa.ged against private vessels is that by destroying amount of the awhnl. And if you look carefully at the claims on be- its commerce the strength and ability of a country to prosecute a wa.r half of the Government which were excluded from consideration by is impaired. the trilmna.l a.nd seek _the ground of their rejection, you will find This warfare, then, was waged by the confederate cruisers on the that the board of arbitrators set forth that those claims rejected did commerce of the United States, and it was b cause that war was not, npon principles of internationa.l law applicable in such cases, wageu on the commerce of the United States by the aid and assist- "constitute a good follildation for an awartl of compensati~n or for ance of Great Britain, to state it generally, tllat our claim again t computation of damages." Great Britain arose. The sum we received n ·oi!l Great Brita5;n was 1876. CONGR.ESSIONAL RECOR.D-HOUSE. 4361 -. the tribute which she was obliged to pay us for the violation of her vast productive capacity both of agricultural and manufactured prod- neutrality obligations in aiding this warfare on our commerce. There- ucts the profit of the producer depends upon the facility ,and cheap- fore, as she was compelled to provide compensation for the injury ness with which he can dispose of his surplus. To resto~e our com- done to our commerce, the money received should be applied by our mercial prosperity, then, is ,n ot only a duty which this country owe.s to Government to making good the losses of our commerce which our its merchants, it is the dictate of the selfiBhinterest of every class of our Government failed to prevent. people. Now let us see where in equity, there being no le&al obligation, it The neglect of the Government-! use the word in no harsh sense shonld go. If the vessels destroyed were not insurea and the loss fell anywhere in these remarks; it was a neglect caused by the pressme on their owners and the\r value was fully estimated in the aggregate of more urgent duties-the failure of the Government to protect our of the award which was rendered, the distribution would be simple. commerce during the war caus~d the almost entire destruction of our The money would be payable to the ship-owners. lf, in the second mercantile marine. Our commerce suffered a loss from which it baa place, those ships and those alone had been insured and the insure~ never, np to the present time, revived. But some compensation may had paid the losses, there would in that case, I conceive, have beP.n be made to the innocent su1I'erers by the speedy distribution of this an equitable claim on the part of the insurers to step into the place sum, which is indeed in the bands of the Government for no purpose of the insured. But if, in 1.he third place, the insurance has been but to m.ake that compensation. In simple justice and equity, then, more than made good by men who hacl paid war premiums, then, on I ask all portions of the country and men of all classes and oecupa- the same principle of equity, the war-premium men would be the men tions to unite and pass the bill without further delay. whose losses should be made good. In short, the fund should be ap- .Mr. CAULFIELD obtained the floor. plied to make good actual losses. The losses may be looked at as in- DISTRICT TAX BILL. voluntary contributions toward keeping alive our commerce, and those involuntary contributions should be re-imbursed by the Gov- Mr. NEAL. I rise to a privileged question. I submit a report of ernment, whose failure to protect that commerce caused the losses. the committee of conference on the disagreeing votes of the two But the question is complicated. It is complicated by the fact that. Honse.~ upon the amendments of the Senate to the bill (H. R. No. the vessels destroyed by the inculpated cruisers were only partially 2676) to regulate the assessment ancl collection of taxes for the snp- insured; that the underwriters in some ca-ses were re-imbursed by the port of tho government of the District of Columbia, and for othe:r war premium received, and in other cases were only partially re-im- purposes. bursed; and that many other vessels were destroyed by cruisers not The Clerk re:Jd the report, as follows: aided by Great Britain, but which were engaged in similar depreda- The committee of conference of the two Houses on the disagreeing votes of the tions on our commerce. And as to the vessels destroyed by these other same upon the amendmt}nt of the Senate to the bill of the ll011Se No. 2676, entitleu cruisers, there was the same obligation of protection on the part of "An act to reWJlate the assessment and collection of taxes for tbe support of the our Government that existed with reference to vessels destroyed by government of the District of Columbia, and for other purposes," having met, after the Alabama. full and free conference have agreed to recom.menOt>, to which may be adtled im- clifference between warfare by sea and warfare by _land, and the prisonment not exceeding thirty days." • different rights of the citizens who venture by sea and those who Ninth. Section 10, lines 50 to 53 inclnsive, strike out the following words: "and if the return provided for in this act ehall not be made by any firm, ea.c~ member simply own property on land, is sufficient to answer to this line of thereof resident of said District shall be liable to the J.>enalties of this act." argument. And I will not undertake to elaborate it. Tenth. Section 11, line 5, after the word "value" msert the words: " and the I will say in conclusion that I hope this question will awaken the shares in the same shall not be assessed against the individual owners thereof." ·interest of gentlemen who represent portions of t.he country remot.e Eleventh. Section 12, line 26, strike out the word "thereunder." Twe1 fth. Section 12, insert at the enu thereof the following words: "In case the from our commercial centers. I have seen how the subject has dragged :l.!!sessors sh:ill fail to complete any of the duties in this act to be by them performed here and how hard it has been to attract the general attention of mem- within the timca provided therefor, the taxation proviued by this act shall not uy bers to it. But I cannot believe that a measure designed to do jus- reason thereof be invalid ; but such assessors shall proceed wit.h all reasonable dil- tice to the commerce of the country concerns the Northeastern States igence to complete such duties, and their acts shall be valid, as if performed wit-hin the times fixel1 therefor." alone and does not equally affect tho welfare of the rest. of the country. SEC. 19. Strikeout the whole section and insert: "That the twenty-third section of If the people of a distant section of the country should come here for the act of the Legislative Assembly of the District of Columbia, entitled '.An act some measure of relief or for prot~ction against a ttueatened aggres- imposing a license on trades, business, and profes11ions practiced or carried on in the ion, it would not become a Representative from New York or New section D1st: ictof Colnmbb,' approved An gust 23, 1871, clauses 20 antl35of the twenty-first of said act, and clau!!e 16 of said twenty-first soot.ion of said act as amende ADJOUR..~ME.NT OVER. Townsend, Waldron, White, Willard, and James Wilson-49. Mr. JONES, of Kentucky. I move that the Honse adjourn. NAYS-Mesl'!rs. AinRworth, Ashe, William H. Baker. Boone, Bradford, Horatio Mr. CAULFIELD. I am ready to go on now if it is the desire of the Clark, C. Burchard, William P. Caldwell, Campbell, Candler, Cannon, Caulfield, John B. jr., of Missouri, Conger, Cook, Cowan, Davis, Davy, Durand, Eames, Ellis, Honse. Finley; Forney,Fort, Foster, Garfield, Gibson, Goode, Hale, Andrew H. Hamilton, Mr. LORD. I hope the Honse will hear the last speech now about Hancock, Benjamin W. Harris, HaJTison, Hartridge, Hill, Hoar, Hopkins, Hunton, to be made by the gentleman from Illinois, who probably will not Thomas L. JonM, Kasson, Kehr. Ketcham, Knott, Franklin Landers, Lord, Ma· occupy more than twenty minutes, and after he is through I shall goon, Metcalfe, Ne:\l, Pach.r, Payne, John F. Philips, William A. Phillips, Piper, Poppleton. Powell, R:uulall, Rice, Rid) for the relief of Captain Samuel Adams;- it has adjourned or not. A bill (H. R. No. 2905) for the relief of E. B. McPherson, jr., of Mr. CAULFIELD. Then let us wait till tha.t fact is a-scertained. Boonville, Missouri; Mr. HOLMAN. I hope that by ta.k ing a recess we will dispose of A bill (H. R. No. 3373) for the relief of Susan E. Willard, widow of the post-office appropriation bill to-night. It is one of the most im- Sylve:ter D. Willard, of New York; portant bills of the session. A. bill (H. R. No. 940) for the relief of Edwin Ebert; and M.r. GARFIELD. I hope the motion of the gentleman from Indiana A. bill (H. R. No. 2501) for the relief of the estate of Mrs. A. E. Hall, will be allowed; that the bill will be passed; and then I have no wiclow of Dr. David A. Hall. doubt he will agree to the adjournment over. Tho following bill and joint resolution from the House of Repre- Mr. HOLMAN. I will not consent to losing two days of next sentatives were severally read twice by their titles and referred to week. the Committee on Indian Affairs: Mr. G-ARFIELD. The gentleman knows he can do nothing on A bi U (H. R. No. 3334) relating to allotments of land to Bn.ffalo and Monday. La Pointe Chippewas; and , The SPEAKER pro tempore. The question is on the motion of the A. joint resolution (H. R. No. 112) to aid the Winnebago Indians of gentleman from West Virginia that the Honse adjourn. Wisconsin to obtain subsistence by agricult.ur.ll pursuits and to pro- Mr. HOLMAN. I understand that the Senate has adjourned till mote t.heir civilization. Monday. I move that the Hol18e take a recess till ten o'clock on The bill (H. R. No. 1!>!>7) to grant title to certain lands to the heirs Monday. of Caleb L. Brn.yton was read twice by its title and referred to the Mr. WHITE. I ma-ke the point of order that the Honse is now di- Commit.tee on Private Land Claims. viding on another motion. The bill (H. R. No. 123.3) granting a pension to Esther P. Fox was Mr. HOLMAN. There is a necessity for taking a recess until ten read twice by its title amlreferred to the Committee on Pensions. o'clock on Monday, so that we may pass the post-office appropriation bill. FOURTII-OF-JULY ADJOUR~.a.IE..'IT. The SPEAKER pro ternpore. There is nothing in order except a. Mr. MORRILL, of Maine. If in order, I move that when the Senate motion to adjourn or a motion for a call of the House, the point hav- adjourn to-day, it be to meet on vVednesda.y next at twelve o'clock. ing been made that a quorum is not present, which has been officially The PRESIDENT pro tempore. The Senator from M:1ine moves that determined by the call of the roll. when the Senate adjourn to-day, it be to meet on Wednesday next. Mr. HOLMAN. I hope that by unanimous consent the Honse will Mr. EDMUNDS. I think I heard some Senator, or some person, take a recess till ten o~clock on Monday. If that is done I tliink we suggest that it might be desir::J.ble to make the hour later on Wednes- can dispose of the post-office appropriation bill in half an hour. day. Mr. KASSON. Why cannot we pass it this evening f Mr. CONKLING. Then we can take a.recess to that hour, after we Mr. RANDALL. I move that the Honse take a recess till eight meet at noon. o'clock this evening. Mr. EDMUNDS. I merely made the suggestion because somehody Mr. WHITE. I msist on my point of order that the House was had made it to me. I will not interfere with whatever the chairman dividing on a motion to adjourn. of the Committee on Appropriations desires. . -.,..,~ .. . CONGRESSIONAL RECORD-SENATE. JULY 3, Mr.l\:IORRILL, of Maine. I am sa.t1sfied it is quite desirable that propriation bills of 50,000 to defray the expenses of that trial. I we should meet at twelve o'clock on Wednesday. venture, as one member of this body, to express the hope that when Mr. EDMUNDS. I am satisfied, if the Senator thinks that is the the hour arrives at which that trial is to proceed, it wi11 proceed and right hour. Indeed, I was satisfied beforehand. go on to the end and be disposed of. I shall so vote, for one, upon Mr. BAYARD. I move to amend the motion by inserting "Thurs- all the lights that I have now. To the end that we may be able to day; " and I desire to state my reasons for it. The Fomth of J nly do that, and to the end that we may acquit ourselves of the other ought to be celebrated every year, and this year more than any other. duties which rest, and urgently rest, upon the two Houses, I think Most members of Congress and most persons employed at the Capitol we should make the most of our time, adjourn for the Fourth of July, reside at some distance from Washington, and it would be quite im- which is right, which is only a decorons deference paid to that day, :J_>088ible for them to find time, even leaving to-night, to avoid travel- but. that when that day is ovor we shall make the best haste we can mg on the Fourth of July in order to return in time, if the motion is with deliberation, but with diligence. adopted as it wM first proposed. On the contrary, if we wait until The PRESIDENT pro ternpore. The question is on the amendment Thursday, they can travel on Wednesday and reach here in time for proposed by the Sen~ttor from Delaware. the meetinrr on Thursday mornin!J', Mr. BAYARD. On the suggest.ion of gentlemen better acquainted Mr. CONKLING. To whom, il I may inquire, does the Senator with the business of the body thn.n myself, yielding to their views on refer f the subject, I will withdraw the amendment; Mr. BAYARD. I move to insert "Thurscla.y." The PRESIDENT pro tem.po1'c. Tho amendment being withdrawn, Mr. CONKLING. Bnt the Senator was gpeaking of Sen~ttors trav- tho question recurs on the motion of the Senator from Maine, that eling on Wednesday. To what Senators doeshe refer; those who go when the Senate adjourns to-day it be to meet on \Vednesday next at home or thoae who go to Philadelphia f twelve o'clock meridian. Mr. BAYARD. I mean those who seek to get b::tek from their The motion was agreed to. homes. They may leave the city of Wasliington to-night; but it PETITIONS AND }\.IE:\IORIALS. would be almost impossible for them to get here by midday on 1\fr. HAMLIN. I have received and been requested to present to Wednesday, or at all on that day. the Senate a. resolution and pre1tmble adopted by the National Board Mr. LOGAN. I do not think many Senators desire to go home for of Trade at its session in the city of New York on June 29, 11:!76. The:v the Fourth. set, forth the benefits which in their opinion are connected with what Mr. BAYARD. There are many whose homes are this side of New York, and I think it will have this result: It is a practical question, aro caJied the fast-mail trains of the country, and they respectfully and the absence of a quortlm will -probably be disclosetl on \Vednes- and very eanestly request that CongreBS shall adopt no system of day early after the meeting, :tnd ·t hen it will be impossible to go on legislation which will discontinue them, but rather that they shall be with the ordinary work. I believe nothing will be lost n.s to time by increased on other routes. I do not know that this ie asubject to be adjourning until Thursday. I do not believe the Senate should pass referred now; it ha-s been settled, I believe, against my earnest re- a resolution adjourning until Wednesday at twelve o'clock. There monstrance in the committee of conference on the post-office appro- will not be a quorum present on \VE>dnesday, n.nd the want of thf1t priation bill. I move that this preamble and resolution lie on the q uortml will be disclosed very early aft.er the Senate meets on that table. The motion was agreed to. day. If I run right a.s to that, then the adjournment might 3.8 well Mr. HAMLIN presented the petition of George W. Graffam, late be ma,de to Thursday, because those going away will then be able to first lieutenant Sixteenth Regiment United States Infantry, praying get back here for the meeting of the Sen:~te. I suggest this to the to be restored to his former rank and position in the Army; which Senate because I desire to see the business of the body prosecuted. wa-s referred to the Committee on Military Affairs. 1 Mr. CONKLING. Mr. President, the heat in Washington has be- come not only opprossive but dangerous. All appropriation bills ex- l\fr. MITCHELL presented additional papers pertaining to the cept two or three are undisposed of. On Friday next, the 6th of this claim of D. B. Randall, for f\)Ompensation for certain improvements month, we have agreed, aftflr efforts not less than three made on the made by him on lands lying within the Nez Perce Indian reservation one side and on the other to postpon.e it, to take up aud proceed with in Idaho Territory; which were referred to the Committee on Claims. the impAachment trial. This is Monday. REPORTS OF C0:\11\IITTEES. .Mr. INGALLS. We proceed with the tri::~.l on Thursday. Mr. MORRILL, of Vermont, from the Committee on Finance, to Mr. CONKLING. The Senator corrects me, and the case is Atron~er whom was referred the bill (H. R. No. 3486) for the relief of James F. than I supposed. It is on Thursday, the 6th,_which adds force to the Buc 1mer, reported it without amendment, and submitted a report objection I am going to state to the suggestion made by the Senator thereon; which was ordered to be printecl. from Delaware. Manifestly our duty is~ conclude the public business Mr. LOGAN, from the Committee on Military Affairs, to whom was deliberately but expeditiously, and adjourn this session of Congress, if referred the report of the Secretary of War, made in obedience to law, we can. To-morrow is the Fourth of Jtlly, and I take it that no Sen- in rebtion to an act to set apart a portion of the island of ?tlaokinac, ators whose homes are distant are going to leave Washington to-da.y in the stmits of Mackinac, within the etate of Michigan, as a national to attend the Fourth of July at home and return. park, a.sked to be discharged from its further consideration, and that l It is well known thg.t a number of Senn.tors who are absent are it be referred to the Committee on the Judiciary; which was agreed al)sent now on excursions for to-day and to-morrow. They will be to. able, I think, to return so that we shall have a quorum on Wednesday. He also, from the sa-me committee, to whom was referred the bill Certainly we ought to have a quorum then, for· I can conceive no (H. R. No.·21l94) for the relief of W. W. Van Antwerp, late major in higher duty that any Senator owes than to be here now, consider- the Fourth Michigan Cavalry, reported it with an..a.mendment. ing the condition of the public business. If we meet on Wednesday He also, from the same committee, to whom was referred the bill at twelve o'clock, an(l· there shall be no quorum, we 111ay be driven (H. R. No. 2569) to revive the law and extend the time for fliing by a recess to wait for a later hour, when a quortlm can assemble. claims for horses and equipments lost by officers and enlisted men in We have certainly no right to assume-! am sure the Senator from the service of the Unit-ed States, reported adversely thereon; and the Delaware will not a88ume, as he is here himself-that any Senator bill was postponed indefinitely. will, for some passing, trifling cause1 absent himself on Wednesday, He also, from the same committee, to whom was referred the joint knowing, as every Senator does, although I myself misstated t.he resolution (H. R. No. 134) donating two cannon and carria~es to the day, that on. Thursday, at ono o'cloc-k, the trial of the impeachment warden and burgesses of Stonington, Connecticut, report~d 1t without of the l:1te Secretary of War i& to proceed. amendment. i It seems •to me that the motion of the Senator from :Maine is ex- He also, from the same committee, to whom was referred the bill· actly right, that we observe the Fourth of July by adjournin~ over, (H. R. No. 3374) for the relief of Harry E. Eastman, late lieutenant- giving :my Senator who in that interval may have the occasion to colonel Second Regiment Wisconsin Cavalry Volunteers, reported it participate in the observance of tbat day the opportunity to do so, without amendment, the committee adopting the report of the House but thn.t we go on expeditiously with the public business; and I hope committee. that that may occur on Wednesday. He also, from the samo committee, to whom was r~ferred the bill Mr. BAYARD. I will ' state to the Senator that I am willing to (S. No. 938) for the relief of George T. Olmsted, jr., reported it with wit.hdraw my motion. amendments. · Mr. CONKLING. The Senator says he is going to withdraw his Mr. HAMLIN, from the Committee on Post-Offices ancl Post-Roads, motion. He will pardon me before be does that, for making one ad- to whom was referred th~ bill (H. R. No. 3628) establishing post- ditional remark. I venture, as I am on my feet, to express the hope roads, reported it with amendments. that on 'Vednesday that will occur which will remove the appropri- Mr. CAPERTON, from the Committee on Claims, to whom was re- a.t.ion bills as a stumbling-block or a source of apprehension in the ferred the petition ofT. T. Garrard and others, praying compensation country at large; that in some way we shall make such advance on for the destruction of their salt, salt-wells, &c., in Clay County, Wednesday as to see our way out of any difficulties which have at- Kentucky, by United States troops in 1862, submitted a report there- tellded the appropriation bills; and that we shall then be ready and on, accompanied by a bill (S. No. 969) for the relief of those suftering o.ble on Thursday to proceed with the impeachment trial and go from the destruction of the salt-works near Manchester, Kentucky, through with it. Although. the weather is hot and although the in- pursuant to the orders of Major-General Carlos Buell. convenience is great, the Sen~te bas several times refused to postpone The bill was read and passed to a second reading, and the report thnt trial. In the mean time, it is matter of public notoriety that a was ordered to bo printed. summons has issued for a great number of witnesses, who will be en- Mr. CAMERON, of Wisconsin. I desire to stat~ t.h at as a minority titled to their pay. We listened to an item inserted in one of the ap- of the Committee on Claims I dissent from the report of the majority 1876. CONGRESSIONAL RECORD-SENATE. 4365 of the committee just presented by the Senator from West Virginia, here present, it appears that that part of the question, at the very and I ask leave on Wednesday next to present the views of the mi- best, needs a good deal of consideration if the first part of it does nority. not. Therefore, I was in hopes the Senator from Oregon would not The PRESIDENT pro tempore. Len.ve will be granted if there bo press it this morning. no objection. Mr. MITCHELL. I willsta,te to the Senator from Vermont that, Mr. COCKRELL, from the Committee on Military Affairs, to whom so far as I am concerned as one of the Senators from Oregon, I shall was referred the bill (H. R. No. 735) for the relief of Philip Pendle- move to strike out all that part of the bill referring to new lands, ton, reported it without amendment, and submitted a report thereon; and shaH oppose the bill unless it is stricken out. · which was ordered to be printed.. Mr. KELLY. I will state for the benefit of the Senator from Vermont that I am not opposed to that, although I think that clause BILLS I!iTRODUCED. ought to be in on account of the law I referred to the other day, yet Mr. HAMLIN asked, and by unanimous consent obtainedr leave to I am going to make no opposition to striking it out. I will assent to jnt.rocluce a bill (S. No. 970) for the relief of George W. Graffam, late his amendment or the amendment that may be offered by my col- first lieutenant in the United States Army; which was read twice by league to that effect. its title, referred to the Committee on Claims, filld ordered to be Mr. EDMUNDS. That does not reach the point; bnt I do not see printed. . why tbe Senator should be so very eager to take up the bill thi..~ Mr. MITCHELL asked, and by unanimous consent obtained, leave identical morning. Of course I can go and get the papers if some- to introduce a bill (S. No. 971) for the relief of D. B. Ranuall; which body will discuss it long enough to enable me to find my memoranda. was read twice by its title, and, with accompanying papers, referred Mr. KELLY. I will not press it to a conclusion until the Senator to the Committee on Claims. returns. Mr. SPENCER. At the request of the commissioners of the Dis- The PRESIDENT pro tempore. The Senator from Oregon asks for trict of Columbia, I :u;k leave to introduce a bill to go to the Com- the present·consideration of the bill. The question is on the motion mittee on the District of Columbia. to take the bill from the Calendar for considern.tion. By unanimous consent, leave was granted to introduce a bill (S. The motion was agreed to ; and the considera.tion of the bill was No. 972) authorizing the commissioners of the District to issue cer- re1mmed ns in Committee of the Whole, the pending question being tificates in the case of loss or destruction of registered certific:~tte..q or on the amendment offered by the Senator from Ohio, LMr. SHERMAN,] bonds of the District; which was read twice by its title. · in line 12, after the word "mineral," to insert "anu whicll nre then Mr. SHERMAN. AB that involves the issue of-bonds in place of subject to entry under the homestead and pre-emption laws of the other bonds outsta.nding, it ought to be referred to the Committee on United States." Finance, because those are some of them Government bonds. Unless Mr. SHERMAN. I think that ought to be "homestead or pre-emp- the Senator desires it to go to the District Committee, I would rather tion." the bill should be referred to the Committee on Fin:J.nce. Mr. KELLY. Yes, it would be better to have it in that form. The PRESIDENT pro tempore. The bill will be referred to the Mr. EDMUNDS. I think that amendment is prope., and I have no Committee on Finance, if there be no objection. objection to it. WITHDRAWAL OF PAPERS. Mr. SHERMAN. I will say to the Senator from Vermont 1hat if On motion of Mr. McCREERY, it was · he wants to go to his committee.room to get papers he can do it. I Ordered, That Charles M. Briggs, executor, be allowed to withdraw his p:~.pers should like to hear him. · from the files of the Serulte. Mr. EDMUNDS. I did want to go, but I do not_seem to have"any ROBERT RANSOM. time, and I think I can make consiuemble of an explanation of this Mr. EDMUNDS. I am instructed by the Committee on the Judi- bill with what I have O'Ot. Mr. SHERMAN. I t'tought I would occupy the time. ciary, to whom was referrecl the bill (H. R. No. 1558) to remove the Mr. EDMUNDS. My friend is-very kinu. legal and political disabilities of Robert Ransom, of Virginia, to re- Mr. SHERMAN. I do not want-to occupy ~he Senator's time,_but port it with an amendment, and a.s this matter haa been delayed by I will occupy the time until the Senator comes backif4ereally wants an accident in the loss of a paper, I ask that the bill may be con- siclered at this time. The committee report it bvorably, with an to go and get bis papers. amendment, to make it conform to the usual method of granting relief Mr. EDMUNDS. I do. of this sort. . Mr. SHERMAN. Very well 1 was in doubt about t.his bill when By un:~tnimous consent, the Senate, as in Committee of the Whole, it Mr. was up. I wa.nt to hear it discussed. · ' proceeded to consiuer the bilL . KELLY. I call for a vote on the amendment. The amendment of the Committee on the Judiciary_ was in line 4, Mr. ANTHONY. If there is a. dispute about occupying the time, I to strike out the wordH "legal and," and in lines 4 and 5, the worus could occupy two minutes of it with an explanation. I do not \vish to interfere with the bill. "act of July 2, 1862,· !lnd the;" so as to read : Mr. CONKLING. A personal exylanation f That all the political disabilities imposed by the fourteenth amendment to the Mr. ANTHONY. Not a persona explanation, bnt an official ex- Constitution of the United States upon Robert Ran!lom, a citizen of the State of Virginia, lat.e a captain in the United States Army, bo, and the same nre hereby, planation. . removed. • Mr. INGALLS. I should like. to hear the bill read for information. '£he amendment was agreed to. The PRESIDENT pro tempore. The bill will be read at length. The bill was reported to the Senate as amended, and the a.mend- The Secretary read the bill. . ment was concurred in. ~h. SHERMAN. I said to the Senn.t.or from Oregon what I repeat It was ordered that the amendment be engrossed and the bill rea,d to the Senate on some little knowledge which I acquired a long time a. third time. ago that, if I were a Senator from Oregon, speaking as a Senator from The bill was read the third time, !)>nd passed, two-thirds of the Sen- Oregou, I certainly would not be willing to allow floats, as they are ators present voting in favor thereof. C'lUed, scrip to be issued which may be located anywhere. ' Some of The title was amended so as to read: ''A bill to remove the polit- the greatest di~pntes that h:~tve occurred in our country have grown ical d~bilities of Robert Ransom, of Virginia." out of the location of floats on land of_great value, sometim~s on mil- itary reservations after they have been abandoned, and the' question AMEND:\O:NTS TO APPROPRIATION BILL. arose as to whether such land was public land subject t-o entry or not: Mr. ANTHONY submitted amendments intended to be proposed by Disputes of that kind arose in. Kansas, in Iowa, antl in many other him to the bill (H. R. No. 3022) making appropri:~ttions for the con- States. It seems to me very unwise and against public policy in any struction, repair, preservation, and completion of ce:rta1n . pnblic State to allow floats to be located on public lands in that State. ·· . works on rivers and harbors, and for other purposes; which were·re- This amendment of mine was intended to limit it somewhat so th:~tt ferred to th~ Comm~ttee on Appropriations, and ordered to be printed. the scrip could only be located on land subject. to pre-emption or homestead. But take the case of a military reservation; take ''the ~S WITHIN KLAMA.TH L~IAN RESERVATIOS. extreme case of Fort Leavenworth, where the land is very valuable. Mr. KELLY. Tho bill (H. R. No.1316) ~o adjust the claims of the It has been long occupied by Goverpment as a Government reserva:. owners of lands within the limits of the Klamath Indian reserva- tion, but it has now ceased to be important as a. public r~serv~­ tiont in the State of. Oregon, wa-s under consideration about a week tion, and it is really public land open to sale. · It may be that one of a~o and partly disposed of. I ask that it be now taken up, • Tlie these floats, withou_ t ~orne careful provision, might be located. there·. bill nri.a already been read and there is an amendment pending. . It cannot now. be under this bill, but when it is abandoned as a mili- Mr. EDMUNDS. I hope the Senator will not call up that bill this ta.ry reservation · it should not be liable to such a ·thing. Twenty morning. : There are some papers containing information as to that years a,go we had a very interesting co_lltroversy about Fort Snelling bill, which I hn.ve been looking np, that I hn.ve not at my desk, and in Minnesota, and cases of that kind h:~tve ai:isen several times in the the Senate is very thin. .· • history of this Government. They arose early in' Ohio, where there Mr. KEL.LY. I beg pardon of the Senator-from Vermont. The Sen- was a contr-oversy about entries on public land, but this is so'amended ate is qrute as full, I think, as it will be at any·ti.Qle during the day. as to limit that, and I tbink there is no objection to that limitation~ Mr. EDMUNDS. · My reason, aa I have stated, is that it was evi- Even then it is against public policy to allow theso floats, which may dent the other day when we had this bill up that at the very best it be set down upon public l~nd, There is one of them located in this would have to be corrected, for it bore on its -face a manifest mis- city on Kidwell's Meadows. Sioux scrip, if I am not mistaken, is statement, to begin, with, abont certain new lands, if that is what located on what is claimed to ba p~blic land, riparian land belonging they arc called. Ou lookiug it up, although·I have not the papers to the United States of America iu this city. The cl&im tQ what are 4a66 CONGRESSIONAL RECORD-SENliTE. JULY 3, called Kidwell's Meadows arises, as I understand, from the location But the Senate is very thin. However we must go on. If Senators of floating scrip. I see, however, that this bill is so framed as to con- care enough about it to give their attention, I should like to state nne the location of this scrip to the State of Oregon, and the amend- briefly from the report and from the statute just the order of events. ment as now offered confines it to lands subject to pre-emption and In the first place came the statuteo~the 2d of July, 1864, whichsays: homestead; but even then there is great danger of abuse growing That there be, and hereby is, granted ro the State of Oregon, ro aid in the COll· out of the authority given to issue scrip which may be located on struction of a military wagon·roa.d from Eugene City, by way of middle fork of public land at any time hereafter. WillametteRiver, and the most feasible pass in Cascade range of mountains, near Mr. KELLY. Mr. President, on the 2d of July, 1864, Congress Diamond Peak, to the eastern boundary of the State, alternate sections of public granted to the State of Oregon a quantity of land from Eugene City lands- to the eastern boundary of the State, three sections on each side of a Mark the phraae, "public lands"- road extending between those points, for the purpose of building a desi~ated by odd numbers, for three sections in width on each side of said road. road over a stretch of country to whicll there was no mea-ns of access. The road was built by a number of gentlemen who formed a company, Then follows a proviso : to which thA State of Oregon transferred the grant, coupled with cer- That the lands hereby granted shall be exclusively applied in the construction of said road. tain conditions that they were to construct the road in a certain way and in accordance with the provisions of the law of Congress of 1864. And then further: The road was built at an expense of between $200,000 and 300,000. That any o.nd alllands heretofore reserved to the United States by act of Con~ss or After the grant and after the construction of the road an Indian res- other competent authority be, and the same are, reserved from the operation of ervation was established, known as the Klamath Indian reservation, this act, except so far as it may be necessary rolocatetherouteof said road through and it included the very best portion of the grant made to the com- the same, in which case the right of way is granted. pany. When the company waa about to take possession of its lands Then the other sections provide that the lands shall be disposed of the Indians threatened disturbance; threatened that they would use by the Legislature "for the purpose aforesaid," and that "the road force to expel any person that should come upon the reservati~n. shall be and remain a public highway for the free use of the United Mr. Dyar, the Indian agent., begged that the company would des1st States." Then it provides that the lands shall only be issued as the from making any claiiU to the lands, statio& that if they did so his road is built from time to time, thirty sections at a time for each con- life'would not be worth anything to him; ne could not stay there tinuous ten miles, and so on j and if the road is not completed within twelve hours if any attempt was made. At his earnest solicitation five years, no further sales snall be made. the company desisted from asserting its rights, trusting that Congress The Senate will observe two things on the face of the act. First, would indemnify it for the lands it was entitled to, and which it bad it is a grant of public lands, not of any territory that the United received a patent for 1 amounting to about one hundred thousand States may own, but of what in our system of statutes are known as a{)res within that reservation. This was in 1873, and at the next ses- the puhli J lands of the United States; and on that I say that the Su- sion of Congress application was made for indemnity; that is, for the prem,) Court has come very near deciding, if it has not actually so payment of the value of these lands that had been earned by the decidon -and in effect it has so decided, although I have not the de- company and that had been patented to it by the Land Office. It cisions here at hand, and nobody would be interested to go over them was deemed inadvisable at that time to pay the value, but it was if I had-that what is meant by the term " public land8" in such suggested by the Commissioner of Indian Affairs that lands might be grants that are taken most strongly against the ~rautee and mo t given in lieu of those that the compa.ny had instead of money. Al- strongly in favor of the United States is those pubhc lands that have though that was distasteful to the company; although they claimed fallen under survey and are the subject of disposition to parties al- and asserted their rights; and although they had been paying tuxes ready. Secondly, you will perceive that this section provides that on these lands and had actually paid some $7,500 in taxes during sev- "all lands heretofore reserved to the United States by any act of Con- eral ·years, notwithstanding they were unable to get possession of ~ess, or other competent authority," are excepted from the grant. them, it was with.g~eat relucta~ce that .they ac?ed~d to th:is proposi- That says "heretofore." Applied to the date of the. act, of course tion of the Commissioner of Indian A:ffatrs. This bill was mtroduced any reserved lands afterward would not fall in. respect of the grant; into the Honse of Representatives, passed there, and that body deemed but the Supreme Court has decided, and correctly, over and over it advisable to give the company lands in lieu of those within the again that where a grant of this character is afloat, and until it is lo- reservation, to be selected at any place within the State of Oregon. cated and laid down is anywhere they happen to make the road with- They desired that they might make the selection elsewhere; but it in general boundaries that are named, gives no right that attaches to was thought prudent to confiue them to Oregon, and so it was done. any definite section or any definite parcel of land; and therefore if This is a statement of the riulJts of t.he company and of the way in before the line of railway or highway is located the United States which they have been misusecf; because I must say it is nothing less have made any disposition of their public lands within that region· than that. They have been wronged. They have built this road on that the location then covers, the location does not take up the lands the pledge and on the faith that the United States would give t.hem that the United States meantime have disposed of or rf'.served.. If the lands; and when the road wa~ made that faith wa.~ violated by you should hold otherwise, the result would be on one of these float- giving their lantion of the sender." ' mistake in which my friend from Maryland was lerl was uninten· · And the Senate agreo to the same. .., tional on his part, and I hope it was so on the part of those who led him into it. That the numerical correction of sections be made to correspond with the changes in the bill herein made. Mr. WINDOM. I ask to add a sin~le word. Some question was J. R. WEST. raised on Saturday a-s to the comparative appropriations for printing H. HAMLIN. S. B. MAXEY. this year and last. At the time I tlid not have the figures before me, Managers on the part of the Se1&ate. but stated from my general recollection that the Senate amendments W. S. HOLMAN. were the same as last year's appropriation. I :find on examination EUGENE HALE. since that there is a slight reduction in two items. The Supreme Managers on the part of the Hou1e. Court is $5,000 less than last year and the Court of Claims $2,000 less ?tlr. CONKLING. I ask to have read once more a provision back than last year. The other items are the same as those appropriat-ed three or four pages fixing at $3,000 the minimum of certain salaries. la.st year throughout, except that there is an item of $15,000 for the The section proposed by the conference report as section 7 waa Library, which was not in the last year's appropriation. read. MESSAGE FROM THE HOUSE. Mr. MORTON. That report is a very important one, and I hope it will be printed and laid on the table till the day after to-morrow. A message from the House of Representatives by Mr. G. 'M. ADAMS, Mr. WEST. I have no objection. its Clerk, announced that the House had agreed to the report of the 'l'he PRESIDENT pro tempore. Thereport willlie on the table and committee of conference on the disagreeing votes of the two Houses be printed. on the bill (H. R. No. 2676) to regulate the assessment and collection Mr. WRIGHT. Before that passes from the Senate I Mhould like to of taxes for the support of the government of the District of Colum- have that part of the report which relates to the appointment of uia, and for other purposes. postma-sters by the President read. ENROLLED BILLS SIG"NED. Ur. WEST. I will mention to the Senator that it hns just been The message also announced that the Speaker pro tempore of the agreed, before the adoption of this report, that it shall be printed and House had signed the following enrolled bills; and they were there- laid before us the day after to-morrow. · upon signed by the President pro tempore: Mr. WRIGHT. I understand-that; but I should like to have that A bill (H. R. No. 597) for the relief of Anderson J. Smith; and part of it read. A bill (H. R. No. 2691) for the allowance of certain claims 1·eported Mr. SHERMAN. I suggest, also, in order to enable m1 to under- by the accounting officers of the Trea-sury Department. stand it when printed, that it be so printed as to show the bill as it will stand as amended. · PAVING OF PEN"NSYLV.A.l~IA AVENUE. The Chief Clerk read section 5. llr. DORSEY submitt.ed the following report: The PRESIDENT pro tempore. The report will be printed with The committee of conference on the disagreeing votes of the two Hou11e11 on Honse the amendments, and the bill as it will be if amended as proposed by bill No. 3411, entitled ''An act authorizing_ the repavement of Pennsylvania.avenne the committee of conference. after full and froo conference, recommllna that the Senate recede from its sul.Jsti: tote for the Honse bill, and that the House Lill be amended, as follows : PRESIDE~TIAL APPROVALS. In line 9, section 1, after the word "avenue," insert "and all intersections of A message from the President of the United States, by Mr. C. C. streets, avenues, and alleys, crossing the same." In line 6, section 2, page 2, strike out after the word "practicable" do,vn to and S~IFFEN, one of his secretaries, announced that the President bad including "work," in line 8. this day approved and signed the following acts : In line 10, insert, after the word "proposals," "with full specifications." An act (S. No. 46) granting the right of way for a railroad and tele- In line 11, strike out after the word "avenue," down to and includin a " thereof " graph line to the Walla Walla and Columbia River Railroad Com- inIn line 18. line 26, page 3, strike ont "five" and insert "three" "' ' pany across Fort Walla Walla military reservation in Washington Ter- In line 28, section 2, page 3, insert, after "term," " which said per cent. shall be ritory; invested in the bonds of the United States, and the interest thereon paid to said An act (S. No. 558) makin~a further appropriation for the erection con tractors." of Government buildings in vover, Delaware ; and In. line 8, ,sect~on 3, strike out" shall not be req~red to nse any other material," anf money to Pinch- particular. .A.nd, sir, I feel that it is to be repeated. Repeated it was back to use the la.nguage of Mr. CooPER's report rn the ca-se ofSykes last year in the State of Mississippi, and a maJority of 30,000 stricken to ju~tify the payment of Pinch back, and I say that the facts and the down by the same means; and now we are about entering upon a reasons given by the Senator from Tennessee [Mr. COOPER] have no great contest, and the success of one party in this country depends parallel, have nothing to uo w~th the _Pinch~aok cas_e, u? not refer to upon overthrowing by fraud and violence an aggregate republican it as a matter of fact, and are ill fact mconsiStent w1th tt. The doc- majority of not less than 90,000 in four or five States of this Union. triue laid down in that report is that where a man by reason of an It is confidently expected that it will be overthrown by the same election bv the Leaislatnre of a State, although his application for a means; that the SQOt-gun argument will prevail in Louisiana, in seat has beenrefus~u, and although another person has been adjudged Mississippi again, in Alabama again, and in South Carolina, where an entitled to the seat which he claims, comes forward and asks for organization is now being made, as we are advised, for that very pur- compensation for the contest, the practice and custom of the Sen- pose. ate will award it to him. That is the doctrine laid down by Mr. I should not have referred to these things but for the language of COOPER as justifying the action of the Senate in tho case of Sykes. the Senator from Delaware. He has brought them here again. But When you come to Pinchback's case you find none of these e sen- when he talks about the blot on the history of this country in Loui- tial bases for the granting of this. money. In tho first place you find siana in 1872-'73 I want to tell him what the blot is. That blot is no Leaislatnre to elect; you find no State government to be repre- the result of a base and infamous attempt to strike down a majority sented; and yon find no one contesting adjudged entitled to the seat. of the people of that State by fraud and violence, and the compla~nt Therefore, when you strip this case of the facts, the reason ceases to-day is that it did not fully succeed. with it and it has no application whatever. The Senator tries to make a distinction between this and the Sykes -But let me ao further. The reason in the report which ha-s been case. He says the doctrine of the report of the Senator from Ten- cited here1 th~refore, applies to a totally difterent class of facts from nessee in the Sykes case was that the contestant must have been t'Q.osa b~fore tQ.e Senate, not only technically but substantially, not elected by a Legislature, but he uid not get his seat, and it wa:; given simply in fiction of law but in the sternest substance of truth and to somebody else. The Senator is entirely mistaken. If the Senator fact. They f!ll'tl!er say : from Tennessee had contended for that, be wonld have left nothing A. proper respect for ~e 1!-Ctjo~ of a State in the choice of a Sena.t()r may also jus- for Sykes to stand on, because it was decidecl in the Sykes case that tify the rule. Sykes was not elected by a Legislature, but by a mere prete~e; th.at But, Mr. President, wh~t sca~t respect has been paid to the action the Legislature met elsewhere anu wat~ composed of au entirely dif- of a State! Louisiana groUQd toto the dust, her true voice stifled, ferent body of men. He was electecl by a mere debating society, a her constitution overthrown, 'Q.er laws treated with contempt, and mere sham, and so it was held. 'Vhether he got his seat or not did not the man who ha-s been one of the c4ief conspirators of this crime affectSPENCER'sright. SPENCER's right depended upon his elect.ion comes to this Chamber and they J!I'Op~&e to treat him ~th respect in by another body, a different Legislature. and it was so deciued by the order to honor the State that he has lll~Q.Ited and ass1sted to ovE.\r- Senate. . j;l)row! .Mr. President, it has been constantly accorded by the Senate~ and I 1876. CONGRESSIONAL RECORD-SENATE. 4:171 believe by the other branch of Con~Fess- I know of no exception to presence, before the Senate and bofore the country, undertaken to the .rnle-that in a contest of this kmd the party should be paid. If give in advance a terrible picture of affairs in .Mississippi which Pinch back is not paid, it is simply because he is made an exception to will not be borne out when the facts come to be shown to tile Sena~ what, so far as I can learn, has been a universal rule, and I regard his which this committee has collected. case as one of the most meritorious that has ever come before this Mr. McMILLAN. Mr. President, I am quite surprised to find an body. Without intending to find fault with those who voted against issue presented in the debate upon tho resolution for the payment of his admission, I must say that, so far as my judgment is concerned, it Mr. Pinchback entirely foreign t.o the question. was a great wrong, and I have known no greater individual wrong to The Senator from Delaware [Mr. BAYARD] has alluded to the State be perpetrated in this body. I believe he was entitled to his seat. of Mississippi and the condition of affairs which was founu to exist But whether he was or not, under the rnle that ha-s been adopted in there by the committee which has just returned from that State, of this body ever since its organization, so far as I know, and in the other which be and I are members. House, he is entitled to the compensation provided in this resolution. I undertake to say, sir, that the investigations by that committee, In the ca~eof Sykes, in regard to a body that never made ala~, that so far from showing that the governor of that State attempted to ar- wa-s never recognizecl by any one as being a Legislature, that was a ray in hostility the black ra-ce against the white people of that State, fraud and a sham and a miserable pretense from the beginning, it is will show that during the campJign of 1875 there was an armed force reported, and the Senator justifies that report, that Mr. Sykes shonld of white men, democrats, throughout that whole State prepared and have his compensation precisely on the same principle. But here is determined to carry that election by any means within the~r power, the Kellogg government, recognized by the national Executive in and that the slaughter of the colored people of that State will aston- every branch, legislative and executive, recognized by the democratic ish not only the members of this Senate, but the whole country. House of Representatives, recoguize(l by the Senate; a government I undertake to say, sir, that the condition of affairs developed by that made laws that have governed the State and been recognized by that investigation will show that the constituted authorities of the all the courts of the State and even by the courts of the' United State were unable to protect the republicans, white and black, in States. In that case we are told that the rnle is to be broken down, their right to peaceably assemble and discuss political affairs during that the principle does not apply. Why does it not apply f If it the election canvass, and that the State executive committee of the does not apply,· it is simply because this man belongs to a difl'erent democratic party agreed by what is known as the ''treaty of peace" race; and I say now, if this rule is to be broken down in this case, to secure a fair election at the election then approaching. it will show to the world that so far as colored men are concerned The investigation, sir, will show a slaughter throughout that State there is no rule strong enough to protect them; that some reason and of the black people "Vhich will shock the people of this country; it will some argument can be found in every instance where their rights are show that in many instances on election-day large numbers of white involved to make a change. What security will they have in the fu- men, democrats, armed with Winchester rifles, assembled at the poll- ture, if their rights are placed in the keeping of a party that will in ing-places; that armed mounted men from Alabama came over to Mis- this body disregard its usage for half a century and violate every prin- sissippi on t4at day, and in at lea-st one instance a piece of artillery ciple to deprive one of them of being placed in the same situn.tion was placed near the polls. It will show, sir, that a white man, a re- that every other contestant has been placed in f It will show to the publican, a native of the State and an officer of the law, was com- world that they have nothing to expect. There have been payments pelled, by fear of violence and the presence of armed men, to leave made since I have been here the merit.s of which were not one-hun- his home on the evening 'l)efore the election and remain away until dredth part what those of this claim are. · the election was over. It will show that great numbers of colored But it is said the caso was put off. It did hang on a long time; people were through fear driven from the polls without voting, others but it was never put off except by a vote of a majority of the Senate, through intimidation were compelled to vote the democratic ticket, and it was brought to a vote when the Senate was ready to have it and multitudes prevented from coming to the polls at all; in a word, brought to a vote. That is the case with every other contesteu elec- that that election wus carried by murder, violence, intimidation, and tion, so far ns I know. fraud. But, Mr. President, I have referred to some things that do not be- I only make this statement as I believe it is but just to the people long to this question. I have only referred to them, however, in an- of this country that the remarks of the Sen a.tor from Delaware should swer to what WllS said by the Senator from Delaware. not go unchallenged at this time. :Mr. BAYARD. Mr. President, the record of what bas bllen from Mr. BAYARD. Mr. President, it was the action of the honorable me in this debate will disclose the fact whether any reference was Senator from Indiana in his remarks that induced and justified what made to the race or color or previous condition of this claimant. I I have stated on this floor. What I have stated is on record. Thf're am sure that no sncb reference was mn.de by me, because no such rea- it will stand. What I have stated shall be hereafter confronted with son entered into my mind f~r anything that I said or any vote I pro- the testimony in the case. I am not here to bandy assertions with posed to cast. I dealt with this claimant just as though he had been the Senator from Minnesota. With him and with any Senator on this a man of my own race, and I could give him just the rights under the floor 1 ca.n have no issue of fact unless there be some arbitration to circumstances that I would give to my own people; so much and no decide between us. In tbis case it shall be the record of the testi- more. Bnt the honorable Senator may find possibly-he is a very mony taken in his presence :tnd mine, and I am quite willing that adroit man-some usefulness in referring to an issue not raised by mo. that testimony shall come ; the sooner it comes the better, the more He may set lip his own man of straw and he may knock him down at welcome will it be to me that it shall be divulged; and then we shall pleasme. There may be something gained by his doing it; I cannot see whose view of this testimony is the more correct. perceive what it is, and I leave it to be enjoyed by himself. I simply stated what I did, believing that I shall be thoroughly But something else fell from the Senator. He wn.s pleased to say sustained by the record-testimony of the order-books of the governor something not simply in regard to Louisiana, the only State con- of that State, by the proof the repo"'tof the Government agentin that cerned in this matter, but to go further and refer in my presence to State--not by the proof of demott:a.ts, but by the proof of members wllat be called" the shot-gtm argument in Mississippi." Now, sir, I of the republican party-that, if there was a threat of violence, it wn.s have some knowledge of what he calls "the shot-gtm argument in violence created in self-defense, and that the white people of that Mississippi;" and let me tell the Senator here, and let me tell the State would have been less than men if they had not prepared them- Senate and the country, that, when the time comes for the evi- selves as they might against a danger that threatened to sweep their dence taken in Mississippi to be brought before the country and re- homes and their children out of existence itself. Whether the appre- ported, they will find where t.he shot-gun policy originated; who it hension was just or not, whether rumor as usual traveled fasterthan was that built it up. That report will show the governor of the State, truth, I will not say. Tha,t is yet to be considered. But the negotia- armed by the laws of that State with the right and the duty to pro- tion of the executive committee of the democratic party was, as I t~ct its people, deliberately waging a war with weapons upon un- thank God it always will be found, in favor of peace, of law, of order, ru·med men, and massing one race against the other for the destruc- of good relations between the two ra-ces of that State. The commit- tion of both. Then he will find that if there were shot-guns they tee, as I consider against the spirit of American law, against my were shot-guns gathered hastily for the defense of fireside and home, protest and the protest of my colleague from Indiana, [Mr. McDoN- for the defense of rights that every American holds dear and of all ALD,] seized and brought the whole telegraphic correspondence be- that manhood should seek to protect, and if it failed to protect would tween the chairman of the executive committee and all other persons be unworthy of the name. He will find a canvass conducted in 1875 wbatsover, every dispatch he had. received, every dispatch he had under the charge of the Federal Government to t.bis extent, that a ever sent, no matter from whom or to whom-all were brought and man unknown to the laws of the country, unknown even to official submitted to the committee and are to be published to the world. He name, was sent down to superintend the canvass, and to bring down, bad not been called, he was not su.fi:ered to explain; aml yet I may if necessary, the armed forces of the United St.ates to back the mi- sav-and I think even the honorable Senator from Minnesota will litia forces of the State; that the canvass, on the part of the white peo- not deny- that from first to last there is not in the \V hole of that cor- ple of Mississippi, was conducted under the joint intimidation of the respondence, carried on when it could not have been believed that governor, backed by his armed bands of negroes and of the United it was prepared for any object, there was not one word in any dis- States Government threatening to go down with military force in case patch to justify ill- feeling or disrespect toward Mr. George or any one such resistance was made as threatened the peace of the election. of his correspondents ; not one word, not one suggestion of violence These are the facts which I pledge the Senator and the country will or intimidation. Nay, it is in proof that the agent of the Government, be fully established when the testimony shall be presented. Norwould l\1r. Chase, himself a resident of the gubernatorial mansion, in close I have referred to them now had they not been brought ·into this confederacy and intimacy with Governor Ames, caused day by day debate voluntarily by the Senator from Indiana who has alrea{).yin my every complaint that reached the ear of the governor of the State and 4372 CONGRESSIONAL RECORD-SENATE. JULY 3, that was submitted to Mr. Chase to be submittecl to the democratic Chase, who has been referred to by the Senator from Delaware; but ·executive committee's chairman, and that they were put to the expense the testimony of that witness bas not been hen.rd before the committee. and the trouble and the imperative duty of satisfying the Govern- His testimony will be heard before the committee, and then, when ment agent of the truth or the untruth of the statAments made, and it is produced to the Senate and to the country, the Senate and the that there really was not the cause of the apprehension of violence or country can say whether or not the canvass was conducted under the the existence of violence which the governor's friends supposed did authority of such an agent. I undertake to say that the canvass was exist in that State. That was the history of that correspondence. not conducted to any extent under the authority of an agent of the As to the negotiation there undoubtedly was political organiza- Department of Justice. There was such an agent in the State, and tion, there undoubtedly was the array of races. By whom was it he did to some extent control the murderous elements in the State; made t I take the testimony abundantly to show that it was created but to say that the canvass was conducted under his authority and for political ends, created not by the democratic party or the white by his direction is an exaggeration of the truth. people of Mississippi. The issue was forced upon them either to suc- Mr. McDONALD. The Senator does not mean to say that it is an cumb and be ridden over and trod into the earth until every vestige exaggeration of what was stated in the testimony taken. of manhood was beaten from their faces or to stand where they bad a 1\Ir. CAMERON, of Wisconsin. I think the only witness who tes- right to stand: in defense of their rights with arms if necessary. tified in regard to it was, as the Senator from Minnesota. has stated, Mr. McMILLAN. Mr. President, I must be permitted to say that a member of the State democratic central committee-no, I do not my astonishment still continues that the merits of the investigation know that he is a member of that committee, but at any 1·ate he is by the Mississippi committee have been alluded to here by a member the editor of the leading democratic paper in the Stat,e. before the investigations by that committee have been finished and Mr. McDONALD. There were other witnesses also who referred to before the report has been made to the Senate. The Senator from it-who were referred to as being present when the treaty that has Indiana, [Mr. MORTON,] if he referred to Mississippi affairs at aU, re- been spoken of was consummated in the governor's council. ferred to them generally. He was not a member of the investigat- Mr. CAMERON, of Wisconsin. There were. ing committee appointed by the Senate, as the Senator from DeJa- Mr. WITHERS. I rise to a point of order. I wish to inquire aware is. whether it is in order and in consonance with the practice of this body I repeat what I said before, that the state of affairs in Mississippi to disclose the facts which may or may not have been elicited before revealed by the investigations of this committee will shock this coun- a committee of this body in advance of the presentation of the re- try as it shocked me as I heard from time to time the facts testified port of that committee. to by witnesses before the committee. So far as the democratic Mr. CAMERON, of ·wisconsin. I think that point of order ought state central committee is concerned, I undertake to sa,y that it not to have been made some time ago. only negotiated for a peace between the whites and the administra- The PRESIDING OFFICER, (Mr. .ALCORN in the chair.) The Chair tion of that State, but that only by the authority of the chairman of will not undertake to set any limits on debate in the Senate; they that committee was a white citizen of Mississippi permitted to go to have not been prescribed, and as a matter of course Senators always his box and deposit his vote upon the occasion of the election of indulge in whatever course of remark they may think proper. 1875; that authority from the chairman of that committee only per- Mr. MORTON. I believe I did not allude to the report of the mitted him to do so without sacrificing his life; and other wrongs committee until after the Senator from Delaware had first referred and outrages developed by this investigation are such as will aston- to it. ish the Senate. Mr. BAYARD. It had been introduced by the Senator from In- Mr. MORTON. Mr. President, one word. I referred to Mississippi diana prior to that time. affairs simply because the Senator from Delaware had referred to the 1\Ir. MORTON. Not by me, I think. I did not refer t-o the report outrages in Louisiana in 1872, and they were of the same character. of the committee at all. I referred to the state of affairs in Missis- What the Senator from Minnesota says corresponds with all that I sippi, but not to the action of the committee at alL I did not undE~r­ have learned in regard to the campaign in Mississippi. From what take to say anything about that; but after the Senator from Delaware I have heard of the evidence that was taken, I believe it will turn had spoken of it, I did then say that from what I had learned about out that the picture that I drew in the Senate last winter was under- t.he testimeny that was taken, the picture I had drawn was under- drawn. drawn and not overdrawn, and that I believe to be the fact. The Mr. .McMILL:A.N. Will the Senator allow me to make a statement f question as to what the agent of the Department of Justice may have Mr. MORTON. Yes, sir. said or done, is a mere diversion; it does not affect the facts in the Mr. McMILLAN. I thought at the time that speech was delivered case at all. by the Senator from Indiana [Mr. MoRTON] in the Senate, it was per- Mr. President, while Mississippi was under discussion last winter, haps an exaggeration of the state of facts existing there; but sin e I brought before this Senate extracts from nearly every democratic visiting that communHy and engaging in this investigation, I can newspaper in that State, taken from thorn from week to week during only say that I regard the picture drawn by the Senator on that oc- the canvass, a kind of testimony that could not be ans\Vered for a casion as a very moderate description of the affair. moment; and that testimony taken from democratic p~pers from week Mr. McDONALD. Let me ask the Senator from Minnesota if the to week in every part of the State presented the foundation of the statement made by the Senator from Delaware is not true that the picture I drew, and which I am informed by the Senator from Minne- canvass in Mississippi was carried on under the supervision of an agent sota has been more than established by the proof. · representing the Department of Justice who informed the parties But, sir, we have heard in answer that every one of the Ku-Klux there that he had full authority at any time to demand, and it would outrages in the South, from the very beginning of reconstruction up be sent, the military power of the Federal Government if there was to the present time, that the negroes provoked them ; and hero in any indication of au unfair election or any attempt at intimidation Mississippi, with a.. majority of more than thirty thousand republicans, or fraud f I ask further if he did not remain there until the election we are told that the negroes, unarmed, poor, unprotected, found it closed, and if it is not in proof that he stated after the close of the necessary to make an assault upon the whites who were armed and election that he had seen nothing (not merely from the evidence fur- disciplined to procure themselves to be murdered, in order to make a nished by the governor of the State but from the evidence furnished little capital for us in the North. It is the old story of the nerrroes, by the members of the ctmtral committee as well as the evidence helpless, unarmed, and defenseless, provoking their powerful neighbors furnished by his own emissm·ies that he had employed in different to slaughter them! Sir, I never b~lieved that story when it was first parts of the State) to authorize military interference on the part of told in justification of the Ku-Klux outrages in South Carolina. and the Federal Government Y I ask the Senator if that is not in proof other Southern States, and I do not believe it now. Senators are mis- before the committee f taken when they present a defense of that kind. Mr. McMILLAN. I am not aware of those facts being in proof. I But, Mr. President, this is all fore~gn to this discussion. As I am understand that some allegations of a character similar to that were not responsible for bringing it in I again call the attention of the made on the part of the democratic State executive committee. Senate to the resolution, and hope that the vote may be taken. Mr. McDONALD. I will ask if it is not sworn to by one witness Mr. SAULSBURY addressed the Senate in opposition to the resolu- who was examined before nsf I ask further if the Senator does not tion. Having spoken for some time- know that the report of that secret emissa.r y has been upon the files Mr. EDMUNDS. Will the Senator from Delaware yield to me, as of t.he Department of Justice since shortly after the close of that it is almost the Fourth of July, for a motion to adjourn. election! · . Mr. SAULSBURY. Certainly I will. Mr. McMILLAN. I will state to the Senator that I do not know [Mr. SAULSBURY's speech will be published after it shall have been anything of that report, and I am aware that the committee bad not concluded.] that report before them. Mr. EDMUNDS. I move that the Senate adjourn. Mr. McDONALD. That is not the question. I asked the Senat-or The question being put a division was called for. if he did not know that that report was on the files f :Mr. EDMUNDS. My friend from New Hampshire [Mr. WAD LEIGH] Mr. McMILLAN. Answering for myself, I do not know. wishes to have an executive session for a moment or two, and I with- Mr. McDONALD. Very well; I do. draw my motion to adjourn and move that the Senate proceed to the Mr. CAMERON, of Wisconsin. One moment. I do not intend t-o consideration of executive business. be drawn into a discussion of the Mississippi question at this time. The motion was agreed to; and the Senate proceeded to the consid- All that I desire to say is in reply to the Senator from Indiana on my eration of executive business. After twenty-five minutes spent in left, [Mr. McDONALD.) Some evidence was brought before the com- executive session the doors were re-opened, and (at three o'clock and mittee in reference to an agent of the Department of Justice, a Mr. fifty minutes p. m.) the Senate adjourned. 1876. CONGRESSIONAL RECORD-HOUSE. 4373 HOUSE OF REPRESENTATIVES. AD.TOUlli"iMENT OVER. Mr. EAMES. Pending that motion, I move that when the House MONDAY, July 3, 1876. adjourns it adjourn to meet on Wednesday next. Mr. HOLMAN. I trust the Honse will not adjourn. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. The question was taken on Mr. EAMEs's motion; and on a division I. L. TOWNSE~D. there were ayes 117, noes not counted. The Journal of Saturday last was read and ap"'(lroved. Mr. FOSTER. I call for the yeas and nays on that motion. MESSAGE FROM THE SENATE. The question was taken on ordering the yeas and nays; and on a A message from the Senate, by Mr. SYMPSON, one of their clerks, an- division there were-ayes 23, noes 85. nounced that the Senate further insisted on their amendments to the So (one-fifth voting in favor thereof) the yea~ and nays were bill (H. R. No. 3748) making appropriations for the current and con- ordered. tingent expenses of the Indian Department and for fulfilling treaty The question was taken, and there were-yeas 142, nays 7, not vot- stipulations with various Indian tribes for the year endin~ June 30, ing 140 ; as follows : 1877, and for other purposes, disagreed to by the House of .twpresent- YEAS-Messrs. Anderson, Ashe, Bagby, .Tohn H. Bagley, jr., .Tohn H. Baker, William H. Baker, Blackburn, Bland, Boone, Bradley Bright, William R. Brown, atives, asked a further conference with the House on the disagreeing Horatio C. Burchard, Samuel D. Burchard, Cabell, John I{. Caldwell, William votes of the two Houses thereon, and had appointed as managers of P. Caldwell, Campbell Cannon, Cason, Caulfield, .Tohn B. (:Iarke of Kentucky, the conference on the part of the Senate Ml.·. WINDOM, Mr. LOGAN, Clymer, Conger, Cowan, Cox. Culberson, Cutler, Danford, DeBolt, Dibrell, Eames, Ellis, Evans, Felton, Finley, Fort, Foster, Garfield, Ganse, Gibson, Goode, Goodin, and Mr. RANSOM. Gunter, Hancock, Harrison. Hartrid.!!;e, Hatcher, Haymond, Hendee, Henkle, Here. The message further announced that the Senate had pa.ssed with ford, Hill, Hoar, Holman, Hooker, House, Hubbell, Hunter, Hurlbut, Thomas L. amendments, in which the concurrence of the House was requested, Jones, Kehr, Ketcham, Knott, Franklin Landers, Lane, Lawrence. Leavenworth, the bill (H. R. No. 3749) making appropriations for sundry civil ex- Lery, Lord, Lynde, Magoon, Maish, McDill, McFarland, Meade Metcalfe, Miller, Milliken, Mills, Money, Monroe, Morgan, Morrison, Mutchler, New, Norton, Oli- penses of the Government for the fiscal year ending June 30, 1877, ver, Packer, Parsons, Payne, John F. Philips, William A. Phillips, Piper, Popple- and for other purposes. ton, Potter, Rea, Rearran, Rice, Riddle, William M. Robbins, Sobieski Ross, Rusk, ORDER OF BUSINESS. Sampson, Sayler, Scii.fes, Schleicher, Seelye, Singleton, Slemons, Smalls, A. Herr Smith, Willfum E. Smith, Southard, Sparks, Spencer, Strait, Stevenson, Stone, Tar- The SPEAKER p1·o tempore. The morning hour begins at fifteen box, Thompson, Thornburgh, Martin I. Townsend, Tucker, Van Vorhes, Robert minutes after twelve o'clock; and, this being Monday, the fi1·st busi- B. Vance. Waddell, Waldron, Alexander S. Wallace, Walling, Whitin", Whit ness in order is the call of the States and Territories, beginning with the thorne, Wigginton, Willard, Alpheus S. Williams, .Jeremiah N. ·williams, William State of Maine, for the introduction of bills and joint resolutio~s for B. Williams. James Wilson, Woodburn, Woodworth, Yeates, and Young-142. NAYS-Messrs. Atkins, Crounse, Haralson, Joyce, Kimball, Terry, and reference to their appropriate committees, not to be brought back on Whlte-7. motions to reconsider. Under this call memorials and resolutions of NOT VOTING-Messrs. Adams, Ainsworth, George A. Bagley, Ballou, Banks, State and territorial Legislatures may be presented for reference and Banning, Bass, Beebe, Bell, Blaino.._ Blair, Bli~;s, Blonnt, Bradford, John Young printing. Brown, Buckner, Burle~h. Candler~,.9aswell, Cate, Chapin, Chittenden, John B. Clark, jr., of Missouri, vochrane Collins, Cook, Crapo, Darrall, Davis, Davy, Deni- A. G. WALTERS. son, Dobbins, Dou~s, Dunnell, Durancl, Durham, Eden, Egbert, Ely, Faulkner, Mr. CABELL introduced a bill (H. R. No. 3840) for the relief of A. Forney, Franklin, ~Teeman, Frost, Frye, Fuller, Glover, Hale, Andrew H. Hamil- ton, Robert Hamilton, Hardenbergh, Benjamin \V. Harris, Henry R. Harris, .Tohn G. Walters, of Virginia; which was read a :first and second time, re- T. Harris, Hartzell, Hathorn, Hays, Hend-E.son, Abram S Hewitt~ Gi>ld~=~mith W. ferred to the Committee on War Claims, and ordered to be printed. Hewitt, Hoge, Hopkins, Hoskins, Hunton, 1:1urd, Hyman, J enks, Frank Jones, Kas- MOSCOW MASO~'IO LODGE, NO. 1981 ETC. son, Kelley, King, Lamar, George M. Landers, Lapham, Le Movne, Lewis, Lut- trell, Lyncn, Edmund W. M. Mackey, L. A. Mackey, MacDougall, McCrary, Mc- Mr. YOUNG introduced a bill (H. R. No. 3841) for the relief of Mos- Mahon, Nash, Neal, O'Brien, Odell, O'Neill, Page, Phelps, Pierce, Plaisted, Platt, cow Masonic Lodge, No. 198, and Moscow Methodist Episcopal Church Powell, Pratt, Purman, Rainey, Randall, John P..eilly, James B. Reil1y, John Rob- bins, Roberts, Robinson, Miles Ross. Savage, Schnmaker. Sheakley, Sinnickson, South, located at Moscow, Tennessee ; which was read :.. first and Springer, Stenger, St{)well, Swann, Teese, Thomas, Throckmorton, Washington second time, referred to the Committee on War Claims, and ordered Townsend, Tuft.s, Turney, John L. Vance, Wait, Charles C. B. Walker, Gilbert C. to be printed. Walker, John W. Wallace, Walsh, Ward, Warren, Eras&ns Wells, G. Wiley CATHARINE VAUGHA....~. Wells, Wheeler, Whitehouse, Wike, Andrew Williams, Charles G. Williams, .Tames Williams, James D. Williams, Willis, Wilshire, Benjamin Wilson, Alan Mr. McFARLAND introduced a bill (H. R. No. 3842) for the relief Wood, jr., n.nd Fernn.ndo Wood-140. of Catharine Vaughan, widow of Thomas J. Vaughan, private Com- So the motion wns agreed to. pany F, Third Regiment Tennessee Mounted Infantry ; which was During the roll-call the following announcements were made: read a first and second time, referred to the Committee on Invalid Mr. PHILIPS, of Missouri. My colleague, Mr. CLARK, is absent Pensions, and ordered to be printed. on account of sickness. E.DWARD T. BROWNELL. Mr. BLACKBURN. I desire to state that my colleague, Mr. BRoWN, Mr. BURCHARD, of Illinois, introduced a bill (H. R. No. 3843) for is absent by leave of .t he Honse. the relief of Edward T. Brownell; which was read a first and second Mr. VAN VORHES. My colleague, Mr. VA.i,CE, is absent by leave time, referred to the Committee on Invalid Pensions, and ordered to of the House. be printed. Mr. STRAIT. My colleague, Mr. DUNNELL, is n.bsent on account of MARY B. MARSH. 1ickness. Mr. GUNTER. I desire to state that my colleague, Mr. WILSHIRE, Mr. McCRARY introduced a bill (H. R. No. 3844) granting a pen- is absent on account of sickness. sion to Mary B. Marsh ; which was read a first and second time, re- The r8sult of the vote was then announced as above recorded. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. HOLMAN. I rise to :1 question of order. I believe that the JAMES F. JOY. first business in order this morning is the bill which was introduced Mr. GOODIN introduced a joint resolution (H. R. No. 141) ilirecting on Monclay last by the gentleman from Ohio, [Mr. NEAL.] the AttorneT-General of the United States to cause legal proceeclings The SPEAKER pro tempore. The Chair informs the gentleman to be instituted to test the validity of patents issued to James F. Joy from Indiana that the pending question is on the motion to adjourn for what are knownns the "purchase claims" upon theneutral lands made by the gentleman from Illinois, [Mr. BUROT.LARD.] in the State of Knnsa~; which was read a first and second time, re- :Mr. CONGER. On that motion I demand the yeas and nays. ferred to the Committee on Public Lands, and ordered to be printed. Mr. WILSON, of Iowa. I want to ask unanimous consent of the gentleman from Illinois and of the whole House to allow my col- ROBERT C. W.ALKER. . league-- · Mr. MAGINNIS introduced a bill (H. R. No. 3845) for the relief of The SPEAKER pro tempm·e. The question before the House is on Robert C. Walker; which was read a first and second time, referred the motion of the gentleman from illinois that the Honse do now ad- t.o the Committee on Military Affairs, and ordered tn be printed. journ and it iB not debatable, and on that motion the gentleman The SPEAKER pro tempore. The Chair will state that the call of from 1\Iichi(J'an demands the yeas and nays. States and Territories for the introduction of bills, &c., has now been Mr. CO NeiER. I withdraw the call for the yeas and nays. completed, but if any gentleman was not in his seat when his State Mr. HURLBUT. I rise to a privileged motion. I move to recon- was called who . desires to offer a bill for reference, the Chair will sider the vote by which the House agreed to adjourn over until receive it. Wednesday. ELLEN GffiBENS. Mr. HOLMAN. This looks like filibustering. Mr. STRAIT, by unanimous consent, introduced a bill (H. R. No. Mr. WHITE. I rise to a parliamentary inquiry. I desire to know 3846) for the relief of Ellen Gibbens, widow of Robert Gibbens; whether that question is debatable 1 which was read a first and second time1 referred to the Committee on The SPEAKER pro tempm·e. It is not. In valid Pensions, and ordered to be prmted. Mr. HURLBUT. I demand the yeas and nays on my motion. The yeas and nays were ordered. · ORDER OF BUSINESS. Mr. HOLMAN. I rise to a question as to the order of business. Is The SPEAKER pm tempore. The call of States and Territories for not the :first business in order at the present time tbe bill offered last the introduction of bills and joint resolutions having now been com- Monday by the gentleman from Ohio, [:Mr. NEAL,] to repeal there- pleted, the next order of the House iB the call for the introduction of sumption act f Is not that the first business in order this morning! resolutions, under which call bills on leave can also be introduced. The SPEAKER pro tempo're. The call rests with the State of Ohio. Mr. BURCHARD, of Illinois. I move that the House do now ad- The gentleman from Ohio, if he desires, can again ask leave to intro- journ. du~e his bill. 4374 CONGR.ESSIONAL RECORD-HOUSE. JULY 3, Mr. HOLMAN. Tht'l bill went over upon a gentleman rising to de- into Ar'kansa.s, anJ remained in Missouri. Learning that they hatl urretlin this ac- bate it. As I understand; it comes up in regular order this morning. served tion, they returned, after an absence of about forty days, to their command, and faithfully dming the rema.inder of the war, p~rticipatin~ in many severe Mr. EAMES. I object to any debate. battles, and acquitting themselves alwayR a>! true solkms,Hunton,Hurd,Hyman,.Jenks,Frank.Jones,Kn,ssonilKeuey,King,Lamar, ond time referred to the Committee on War Claims aud ordered to Get>rge M. Landers, Lapham, Lawrence, LeMoyne, Luttre , Lvnch, Edmund W. . ' ' M. ~lackey, L.A. Mar.key, Money, Morgan, Morrison, Mutchler, Nash, Neal, O'Brien, be prm ted. Odell, O'Neill, Pa:re, Pl:elps, Pierce, Plaisted, Platt, Powell, Pratt, Purman, Rainey, DES MOINES RIVER LA.t~D GRANT. Randall, .John Reilly, James B. Reilly, J obn Robbins, Roberts, Miles R~ss, Sa.varre, Schleicher, Schumaker, Sheakley, Sinnickson, Smalls, Springer, Stenger, Stow.lli, l\Ir. OLIVER. I move to suspend the rules n.nd adopt the resolu- Swann, Teese, Thomas, Throckmorton, Washinllly of thB State of Iowa, That our Senators in Con- · Silvey, Joseph R. Williams, Marion Carver, David vV. McHenry, Phin- gress be instructed and our Representatives requested to use their utmost in flu. eas Green, Richard N. Dority, James M. Bell, n.nd John Brown, bte ence and so vote for such congressional. legislation as will, as far as just and prac- ticable, secure tho settlers on the land of said grant titles to their homes and forever soldiers of Company I, Eighth Cavalry, Missouri State Militia, and settle- the title to and ownership of the lands of this grant. Jnmes Tombs, of Company F, Eighth Cavalry, Missouri State Militia; Therefore, in consideration of the premises: and that they be restored to their rights as fully as if they had not Resolt•ed by the House of :.Represer~tatives of the United States of America That a. been reported a~ deserters, with loss of all pay aud allowances for special committee, consisting of five members of this House, be appointed by the Speaker; and said committee are hereby ordered and instructed to make a. t.horough the time they were absent from their command without leave. and searching investigation into the ad.of 1846, the joint resolution of 186L, the act Mr. BURCHARD, of Illinois. I hope the gentleman from Missouri of July 12, 1862, and the act of 1871, granting to the State of Iowa.I,200,000 acres of [Mr. PHILIPS] will have the report read. public lands along the· Des Moines River, to see whether the object for which the Mr. PHILIPS, of Missouri. I ask that it be read. land was granted to Iow~ and its grantees has been carried out, namely, the im· provementof tho Des Moines Rh·er; also to find out the number of actual settlers The Clerk read as follows : who have l>een located on the Des Moines River lands previous to the acts of 1861, The Committee on Military Affairs, to whom was referred the bill (H. R. No. 1862, andl871, and report back to the House, by bill or otherwiso, at any time, the 2524 for the relief of William T. Campbell and others, late soldiers Company I, result of said investigation, with such recommendations for the relief of said sett.Iers and James Tumbs, Company F, Eighth Cavalry, Missouri St.'\te .Militia, having as the committee may deem proper and the facts of the investigation will warrant. considered the same, beg leave to report: That the claimants were soldiers in th~ Eighth Cavalry, Missouri State Militia.. Mr. MORRISON. I ask the gentleman from Iowa [Mr. OLIVER] to This was an arm of the servico consisting of ten thousand men, provided· for in substitute a1·egular committee instcttd of a special committee to make 1861 by a special agreement between the G_Ovcrnor of Missouri and the President this investigation. of the United States, in tho pay of the ueneral Government and subject to the regulations go,erning the Army of the United States. The common understand- .M:r. HOLMAN. I thought that this proposition was to be referred ing was that this force, as its name would indica.te, was designed more especially to the Committee on Public Lands. for service in the Stato of Missom'i, which was then and during all the war the Mr. OLIVER. My proposition is .for the appointment of a. special sce.ne of military operations and intestine strifes, tbou~h the force was subject to committee of five. I think that is what is requested by the parties ~o beyond the limits of the State to repel a threatened lll\asiou. It is, however, a ma.tter of history that tho nnderstaniling among the men at tho time of their en- interested, and will be most. satisfactory to them. listment was that they were to do duty within the territorial limita of the State. Mr. HOLMAN. I trust the gentleman will consent to modify the In the fall of 1862 this regiment, with others of t.his force, was orderere it is proposed to establish said telegraph cabl~ or cables, CocKRELL from the Committee on Claims on the 3d of April. one or more steam-vessels, to be at the diapoS!ll of said company, to assist in sur- Mr. CONKLING. If I can have the attention of the Senator from veys and soundings, laying down and submerging of cable or cables, transporting Vermont I want to make a suggestion. I think this report pretty of materials connected therewith, and generally to afford any assistance calculated to promote the success of the enterprise. clearly shows that this man has been very economically dealt with SEC. 3. That the Government of the United States shall at all times have priority by the committee. It is a long report; and the Senator from Mis- in the use of the line or lines of said company for all diplomatic and Government souri, [Mr. CocKRELL,] who is here, is very familiar with this ca.se. I business, and in order to secure the same from injury by evil-disposed persons, to think it quite likely that he can make a statement which, although the interruption of public business, the Secretaries of War and Navy are author- ized to direct the commanders of military and naval districts or stations, traversed it would not be sufficient for my convenience, might be for that of the or occupied by the stations or lines of telegraph, cable or cables, belonging to said rest of the Senate, and thus we might dispense with the reading of company, and other officers acting under the authority of the Unit-ed States, to use the report. any force at their command to protect the same. Said lines or cables shall be open Mr. EDMUNDS. That will be entirelv satisfactory. at all times to the public, and to any other comp'\ny, upon the payment of the reg- ular charges for the transmission of diapatehes, exooptmg when in use by the Gov- Mr. COCKRELL. When the contra~t was made for the delivery of ernment of the United St3tes. these horses, the contract was very specific and required them to be delivered in a certain way and at a certain place. Mr. Wormer un- And in lieu thereof to insert: dertook the contract, and after the execution of the contract, and aft- SEc. 2. That any telegraph line or cable laid by said company shall be subject to er he had made the preparations and expended this amount of money, the following conditions, stipulations, and reservations, to wit : The Government of the United St.1.tes shall be entitled to exercise and enjoy the same or similar and probably a greater amount, in carrying the contract into effect, a privileges with regard to the control and use of such line or Il.nes or cable or cables new order was issued by the Inspector-General's Department requir- that may, by law, agreement, or otherwilie, be exercised and enjoyed by any for- ing an entirely different mode of inspection; and under this mode of eign government wliatever; secondly, citizens of the United States shall enjoy the inspection all the contractors throughout the whole country refused same privileges a.s to the payment of rates for the transmission of messages a.s are enj oyecl by tho citizens of the most favored nations; thirdly, the transmission of to deliver their horses. They were to be branded, and the brand would dispatches shall be made in the following order : first, dispatches of state, under ruin the value of t.he horses in the market if they were rejected. That such regulations a~ may be agreed upon liy the governments intereeted; secondly, was something that bad never been required before. When the Gov- dispatches on telegraphic service ; and, thirdly, private dispatches ; fourthly, tlie ernment found that no horses would be delivered under that order, lines of any such cables shall be kept open to the public for the daily tra.nsmlssion of market and commercial reports and intelligence~ and all messages, diapatche~ the order was rescinded and changed. Mr. Wormer claims that he and communications shall be forwarded in the oraer in which they are received, expended larger sums of money than this, and he did expend proba- except as hereinbefore provided; fifthly1 before ·extending and establishing any 4378 CONGRESSIONAL RECORD-SENATE. JULY 5, propriations for the service of the Post-Office Department for the fis- such line or lines or cable or cables in or over any waters, reefs, isln.nds, shores, and lands within the jurisdiction of the United l5tates, a. written acceptance of the cal year ending June 30, 1877, and for other purposes. te1ms and conditions imposed by this act shall be filed in the office of the Secretary The motion was agreed to. . of State by the said company. Mr. EDMUNDS. I should like to hear the report explained. I · Mr. EDMUNDS. I move to amend the amendment by adding a hope the Senator from Louisiana will be kind enough to state the section to it : points. That the right to alter, amend, or repeal this act at aU times is hereby reserved Mr. WEST. This report involves some forty-seven amendments. If to Congress. the Senator will indicate to me on what particular point he desires Mr. HOWE. Mr. President, I do not know that there is any objec- an explanation I shall be happy to give him the information, such as tion, except one of principle, to be urged to that ameJldment. I think I have. in principle the amendment is bad. I think when the Government Mr. EDMUNDS. My chief point is so far as legislation, as we call enters into a contract with a party it ought to make some specific it, comes in, wherein we have changed the laws by this bill. terms, ami be bound by those terms, and stand by them; but to enter Mr. WEST. Well, sir, first in connection with the transportation into a contract and hold one party only bound, with the other at of the mails by railroad the conference report agrees upon a reduction liberty to make a new contract whenever it pleases, I do not think of the rates hitherto paid of 10 per ce~t., and provides for the appoint- is right. Time is of the essence of this legislation. I do not know ment of a commission, the appointment to be made by the President whether the friends of the bill wm object to that or not or whether of.the United States, to examine into that subject and make report at it would be any discouragement in the way of investing capital. I the commencement of the next session as the basis of future legisla.- would not invest a dollar of capital in any company on these condi- ti ve action in that regard. tions. The next point o{ legislation .is as to the provisions of this bill as Mr. EDMUNDS. I beg leave to differ with my honorable friend affecting the compensation of postmasters tluoughout the country, from Wisconsin on the subject of the principle of this proposition. being a reduction of t.he amount paid at large of about $500,000 per The United States, in the first place, are not entering into a contract; annum. 'fhe particular features of that reduction are embraced in they are granting a privilege, a mono!loly. the bill itself, limiting the .a mount of compensation to any postmas- Mr. HOWE. Not a monopoly. ter at S4,000 as heretofore, excepting the city of New York, andre- Mr. EDMUNDS. Yes, a monopoly; I repeat, Mr. President, a mo- ducing what are known as the medium offices, which have hitherto nopoly in respect of this particular transaction. I do not mean by bad atta-ched to them the same amount of compensation as the first that to say that Congress would not have the right to grant a similar class, namely, $4,000 a year, to $3,000, and making various changes privilege to some other association of persons to land a cable at some in the same way looking to a reduction of the specific amounts paid. other place, and so on; but in its essential characteristic it is grant- 'I' hen the legislation on third-class matter is embraced on the thirty- ing a privilege by public authority to these persons firstly fo~ t~eir eighth page of the print now before the Senate. It changes the pres- private profit, and secondly for the general benefit of the pubhc, JUSt ent law to the extent of admitting transient newspapers and maga- as we grant a right to a railroad corporation. zines, regular publications "designed for advertising purposes, &c., Now, I submit that in no just sense are the United States contract- and all printed matter of the thml class, except unsealed circulars, ors or entering into stipulations. They are the trustees of the public to be transmitted in the mails at the rate of one cent for every two welfare; and in such an amendment as I propose these trustees, the ounces or fractional part thereof. supreme tribunal of the land, reserve to themselves the authority to Mr. EDMUNDS. Does that increase or diminish the rate f protect private rights by exercising the power of complete visitation Mr. WEST. That diminishes the rate. The present rate is one over the grantees of this privilege or monopoly. That is the princi- cent an ounce. This increases the rate, however, on unsealed circu- ple upon which it stands, if I am correct in my ideas. lars, and makes other provisions looking to facilitation of the trans- I do not believe that Congress or any S~;;.t~ ought ever to grant mission of printed matter through the mail, and continues the rate privileges of this character, or any other character a.qalogons to these, of one cent 11er ounce on all merchandise, as it is now. without reserving to the supreme power-not the other side of a con- Mr. EDMUNDS. Will the Senator kindly tell me whether these tract as between private parties, but to the supreme and independ- changes were introduced on the part of the Senate in the Senate ent tribunal of the people, bound to guard their interest and to do amendments to the bill, or were they in the original bill in some form T justice-the right to protect their interests and to see that justice is Mr. WEST. All the legislative provisions of this bill, I think, or done by a provision of this character. very nearly all, were stricken out by the Senate Committee on Ap- Mr. SA.RGE~T. That which is asked to be this cable, provided they are to be the I am not prepared to say whether in my opinion the changes made are sport of congressional caprice, provided there is to be no permanency wise or not, I want to put in as one member of the Senate as vigorous in 'their ability to protect their investment and reap some reward a protest as I can without taking up any time to do otherwise than from it. Congress, however, is a reasonable body. That is my ex- state it against this method of legislation. If we legislate indefi- perience of it on the average; and my impression is that the persons nitely in an appropriation bill about the Post-Office, it may well be who are named in this bill and are authorized to land this cable would said ''why should we not do it in every other appropriation bill;" believe that Congress would not lightly confiscate their rights or take and the result is, as we have all seen at this session, to draw us into them away under any pretense that was not founded in solid rea-son. endless discussions of matters that the appropriation committee per For that reason, I think, although with some hesitation, that per- se has not the time to attend to and to get us int.o continual trouble haps we ma.y be able to go on and have this opposition company or- and difficulty in respect of amending the laws as well as breaking ganized and an A.mepcan telegraph line a{}ross the Pacific. I would down the appropriations as they now stand between the two Houses. suggest to the Senator having charge of the bill that under all the I suppose it is totally useless to vote against this report on this circumstances it may be better to let the amendment go upon the ground, but for one I wish to put in a humble but very respectful bill. protest against it. The PRE8IDENT pro tempore. The question is on the amendment Mr. DAVIS. I should like to ask the Senator who bas charge of to the amendment. this bill whether or not the provision as to postage on transient news- The amendment to the amendment was agreed to. papers, magazines, &c., is in substance the same as gassed by the The amendment, as amended, was agreed to. Senate in a bill coming from the Committee on Post-Omces and Post- The bill was reported to the Senate as amended, and the amend- Roads T ments were concurred in. Mr. WEST. It is the same recommendation aa was made by the The bill was ordered to be engrossed for a third reading, read the Committee on Post-Offices and Post-Roads of the Senate, with such third time, and passed. enlargements and amendments as have been in the mean time discov- POST-OFFICE APPROPRIATON BIILL. ered to be advisable. Mr. DAVIS. One question further. I understand that it does not Mr. WEST. I desire now to call up for action the report of the con- affect the present status of newspapers as to circulation within t.he ference committee on the post-office appropriation bill. 1t is printed co11Dties of their publication. and on members' desks, and I am in hopes we oan get an agreement Mr. WEST. It makes no reference to that, and does not touch that upon it by the Senate. in any respect whatever. The PRESIDENT p1'0 tempo·re. The Senator from Louisiana moves !fr. HA.ULIN. Mr. President, I think it appropriate that I should that the Senate proceed to the consideration of the report of the com- make a statement in relation to the question of third-class matter, mittee of confen~nce on the disagreeing votes of the two Houses on because I notice in almost every paper that has come under my obser- the amendments of the Senate to the bill (H. R. No. 3263) making ap- vation a very great mistake in relation to what a1·e the provisions of 1876. CONGRESSIONAL RECORD-SENATE. 4379 this bill. It is known that the Senate one year ago increased the That amendment came here and was the subject of a learned discus- rate of posta,ge on third-class matter from one cent for two ounces to sion, a very abl'O discussion, and I will now ask the Secretary to read one cent an ounce. It is also known that a.t this session the House and I will call the attention of my democratic friends especially-- of Representatives pa sed a bill repealing that clause which made Mr. MORTON. I do not desire to disturb my friend from Ohio in the increase and sent it to the Senate. The Senate considered it, his remarks, but for one I will not consent to have the regular order and in a revised bill adhered substantially to the old rat.e of one cent superseded. per ounce, with some additional things, sending however transient . Mr. SHERMAN. I do not want to interfere with the Pinchback newspapers and magazines at a little lower rate than the old law. matter. I am ready to go on now and finish my statement. The House incorporated into this appropriation bill the same provi- Mr. SARGENT. I suppos~ it will not take long to finish this re- sion repealing the amendment of last year increasing the rate of port. This is a very important report. po 'tage on third-class matter. That was the manner iu which it Mr. SHERM4N. I was going to say that I did not want to inter- came before tho committee of conference. fere with the Pinchback resolution. Now, as the bill stands we allow transientnewspapersanclmagazines The PRESIDENT p1·o tempore. Do~s the Senator from Indiana and all printed matter named in the third class, nothing else, to go at yield¥ the reduced rates, leaving everything else in the third class, photo- Mr. MORTON. Yes, sir. graphs, envelopes, music-sheets, &c., and merchandise of all kinds, Mr. WEST. I do not wish to occupy the position of interfering bulbs, cuttings, and roots, and leaving the great amount of third-class with the regular order; but I want to understand from the Chair matter atone cent an ounce, precisely as we established it in theameml- whether there is anything that can take precedence over a confer- ment of last year and as we again re-affirmed in the bill of the Senate ence report on an appropriation bill. tui's year, and allowing the printed matter in the third class to be re- Mr. EDMUNDS. The regular order can. duced, thereby slightly reducing the revenue. We have added, however, The PRESIDENT pro tempore. The unfinished business takes pre- to that provision papers publishe~ primarily for advertising, not news- cedence. p~tpers, not such as we understand newspapers to be, for giving in- ~Ir. WEST. If the Senator from Indiana calls for the regular or- telligence and educating the public, but newspapers that go out in a der to displace this bill, he can do so. large shoot with a 'baJf-dozen circulars upon them, just as one mer- The PRESIDENT pro tempore. The unfinished business takes pri- chant sends out his individual circular on one sheet, and yet it is ority ; but the Senator from Indiana has waived it. CJ.11ed a newspaper, and it is so printed, for the sole purpose of avoid- Mr. MORTON. Only for the present. ing the revenue. Now, we put that sheet and the sheet that is gratu- Mr. SHERMAN. I take it the conference report will not occupy itously circulated or circulated for mere nominal rates at one ceut for long. Now I ask the Clerk to read so that every Senator can hear two ounces, and make it pay just what the man who sends his circu- what Mr. Hnnter said in 1856, as cQ.airman of the Committee on lar pays-the same rate; not two cents a, .pound, as the newspapers Finance, having charge of the appropriation bills, as to that amend- pay, bnt eight cents. Thereby we shall increase the revenues on ment of the Honse of Representatives which I have stated to the third-class matter, I think, about as much as we red nee them by let- Army bill of that year. ting tho printed matter go in at half the old rates . The Cllief Clerk read as follows: .Mr. SHERMAN. I do not know that I shall engage at all in the Now, sir, wba.t I said was, when either Ilouse sought to make the appropriation discussion of tho merits of the conference report in this case, because bill the mea:ns of forcing on another a measure which was obnoxious to 1t, in either I am not sufficiently familiar with it to do so, but I desire to take alternative it was revolution in itself, that is to say, a change of constitution; for this occasion mtber in the nature of a personal explanation t.han it forcrnl the ot.ber House to yield its constitutional privileg-es in order to ~et the Govemment alonJ!. It woulJ be revolutionary if they fruled to be coerced in this otherwise, to correct a misunderstanding, to say the least, of positions way, and stopped the wheels of the Government to compel them to do it; because taken by me when a member of the Honse of Representatives as to it is their con'>titutional duty to carry on this Government, and respoot the con- amendments to appropriation bills. stitutional privilet!es of the other branch. I know votes can be brongl1t up in which I have voted for legislative measures on the appropriation bills. I have always be- As I understand, the House of Representatives during the present lieved that it was irregular, that it was improper; but I ha\e never advoca,tod the session, has undertaken on appropriation bills to change existing laws, doctrine of voting for it in one House when known to be obnoxious to the other. and to say to us that unless we assent to such changes they would not But even in regard to the tari.ff amendment of last year, it will be fom:d by refer- make the appropriations required by existing laws. This is, as I ring to the debate, that I admitted then, that if it was obnoxious to either House the other had no right to insist; and consequently, when tbe Senate, out of abun- understand, the position taken by the House, and stated to us by our dant caution, struck: it out-against my vote I adini.t, but struck it out in reference honored chairman of the Committee on Appropriations, and I believe to some such contingency as Ulis-the Rouse acceded to it, a.nd admitted the pro- is stated also by leading members of the House as the position of the priety of doing so. I only urged it upon the ground that it wafi agreeable to the House of Representatives; that is, that they will by amendments to J!ouse, where it 11assed almost without reference to party. If itwero alireeable to the Senate. too, and ag-reeable to all sides, I should not say tbero was anythin,.,. re -;o- appropriation bills propose changes to long-existing la,ws which lutionary or im,propcr in the act. B'lt what is revolutionary, and what IS improper, have Leen sanctioned not only by the approval of the President of the in my estimation, ts for one House to attempt to use the appropriation bills to force United States and by both Houses of Congress, but by twenty years' on the other legislation which is obnoxious to it, to make it give up its will, its time, and unless we will agree to change such laws, they will not ap- views of pr(lpri.ety, its feeling of what is right. • propriate money for the pay of the President of the United States, ~Ir. SHERMAN. Now, Mr. President, I will state that I have looked the judges of the courts of the United States, the Congress of the through the debate in both Houses, and there is not one sinu1e word United States, or for the ordinary and vital operations of the Govern- by any Senator that calls in question the principle stated by Mr. ment, and it has been said that I have at some time in my past history Hunter in thls debate. But Mr. Fessenden, who represented the occupied such a position. republican party, drew a distinction between what is denounced here I wish now in this presence and everywhere to disclaim that I by .Mr. Hunter and the actual amendment, which was sent by the ever held or could have held such a position. Such a position is revo- House of Representative; he showed in very clear and strong language lutionary, utterly so. It would destroy this Government whenever t~at here wrui'not legislation proposed to change an existing law, but asserted and held to by either House. 'fo hold such a position would SliD ply an amendment to direct how the money appropriated in the be foreign to my nature, foreign to my convictions; it would make act should be expended. Although that distinction mav not be rec- me a partisan utterly reckless of the fundamental principles of a free ognized a8 correct, yet it proves that the general rule stated by Mr. government administered by separate departments and by a Congress Hunter was admitted. I will read a single paragraph from Mr. Fes- composed of two independent bodies. I never did and never could senden's remarks to show be admitted the rule that neither House maintain such a position. could compel the other by legislative amendments to appropriation Now, 1\Ir. President, I shall very briefly call attention to what was bills to agree to change existing laws, but that either House might said and done in regard to this matter, and show the position that direct the expenditure of the money, or make limitations in. regard has been taken by the House of Representatives on this question. At to the expenditure of the money. I will read what he said: three different periods while I was a member the power of eithm· To prove his position he reads authorities going to show that the House have no House to make amendments bas boon brought prominently before right to tack an entirely distinct subject-matter to an appropriation bill. If this the Congress of the United States. In 1856, the House of Represent- proviso had no connootion with the snbjoot-matter of the bill I might grant his atives attached to the Army appropriation bill this clause substan- pos_itioJ? .. It might be ~c!fous to !!' certain exte;nt; but ~e proposition which I mamtam 1s that the proVIsiOn to which the Committee on Finance objects and pro. tially: "No portion of the money hereby appropriated shall be ex- poses to strike out is strictly germane to the subject-matter of the bill. It is in re- pended to enfore the so-called laws of the Kansas territorial Legis- gard to the employment of that very Army for the support of which we are pro- lature." The question came up in the Senate of tho United States viding in the bill nnder discussion at the present time. What I contended for was that the subjoots were of entire relevancy and intimat-ely connected with each whether this was a proper amendment. I will say now, after an ex- other; that there was no other mode in which the power which raises and grants amination of the de bate in both Houses, that no member in either House money could pr.otect itself, unless by a. dissolution of the Government, but by lim- claimed that either House could attach an amendment changing a spe- iting and restricting the mode in which the money should be expended. cific law and compelthe other House to assentt.o it. No such claim as Such is the doctrine of Mr. Fessenden, admitting the position of Mr. that was asserted. The claim now made was not then conceived of by Hunter, that we could not propose to change an existing law by an any one; but it was insisted that these so-called laws of Kansas were amendment to an appropriation bill, but we might, when we ap- not .la.ws, and that the House of Representatives might therefore say, propriated money, direct the purpose for which it should be used; not that the Army should not be used to enforce the laws of Con- and the amendment proposed by tho House in 1856 was nothing but gress, but that it should not be used to enforce enactments of a ter- a direction·that the Army, and the money appropriated for the sup- ritorial Legislative Assembly which were denounced by the House of port of the Army, should not be used to enforce laws that the House Representatives as revolutionary, null, and void; in other words, had declared to be revolutionary, nnll, and void. That proposition that tho Army should not be used to subvert the law. Such was the went back to the House; and we, in the debate there, as is shown by ground upon which the House of Representatives placed its action. those participating, myself among the rest, acknowledged that we 4380 CONGRESSIONAL RECORD-SENATE. JULY 5, bad no right to change the law, but we had a right to dhect the ap- the executive authority rode rough-shod over your Constitution and plication of the money we appropriated which did not propose to your laws affecting the appropriations of money under these devices change existing law. that I pointed out. That is why I arraigned the executive authori- Mr. EATON. I ~:>hould like to ask my friend from Ohio if he ac- ties. Here is bow I arraigned the Senate for doing just exactly what ceded to that doctrine as laid down by Mr. Fessenden f the House has now done:: Mr. SHERMAN. I will go further before answering. This led to The Senate also has been guilty of an invasion of our privileges. men we send a long discussion between the two Houses-to a controversy which bills there they are returnecT to us loaded down with amendments for the very sums existed some time, until finally the House receded from its position, told that which we refused to give. They send these amendments here and we are impliedly un1ess we agree to them the entire appropriation bill will fall, and Con· much to my regret at that time, on the ground stated I think by Mr. gress be called back in extra session. It will be recollected that the appropriation Seward, that while this was not perhaps a change of an existing law, for the Washington aqueduct, and many other extravagant items of expenditure, it was an attempt by the House to declare what the law was, and were carried through in that way. might be held on that ground to influence and affect the power of the amendments The Constitution of the United States gives to the Senate power to propose to revenue bills, but e~flressly withholds from it power to origiuat~ courts to pass upon what was the law in Kansas. Finally the House such bills. But, by the abuse of their limited power to amen~ they defeat the ex- was compelled by the action of the majority to recede from that posi- clusive power of the House. But not only that. The Senate at this session, by tion, and the bill passed without that proviso. direct usurpation, has exercised the power which the Constitution confers upon Now let us look at another hist.orical period. In 1858 a similar r.on- this House alone. It bas originated a loan bill, sent it here, and it is now upon the Speaker's table. Is not a loan bill a bill for raising revenue 1 There was some dis- ti'oversy arose ; and I say to Senators, and I defy any one of them to pute as to appropriation bills being revenue bills, but there can be no doubt about contradict me, that the House of Representatives sent to the Sena,te this bill. of t be United States the appropriation bills without amendment of a And now, Mr. President, here are two counts of the indictment against le(J'islative character. They asserted no such powe~ as is now claimed. the Senate that I made, both of which were true. The Senate had There was not a single provision in any one of the appropriation bills loaded down our bills toprovideforthe public service, framed in accord- that was not required by existing law. It was after the panic of ancewith existing laws, with innumerable amendments of a legislative 1857: it was in 1858, when the country was suffering greatly from character, making additional appropriations and changing laws; and the distress of the time ; and the House undertook to reduce the ap- besides they had assumed to pass, not appropriation bills-because propriation~ and sent to the Senate clean appropriation bills,. the dis- either House can pass an appropriation bill-but· revenue bills, loan cretionary 1tems greatly reduced. But the Senate, as nsualm those bills, and the like. Therefore, as a member of the House of Repre- times e pecially, loaded down the appropriation bills without limit, sentatives fresh from the people of Ohio, I did arraign the President piled mountain upon mountain, and they so came back to the House. and Senate, and I believed that arraignment was just and right, and It seems, then, that with rather more youthful ardor than I possess I so believe to this day. But, sir, the Senate then assumed to do only now I "pitched into" the Senate with a great deal of force and vigor a small part of what the House now proposes. It only proposed at any rate, if not with much discretion. I did denounce this con- amendments, but the House propose changes of existing laws, and duct of the Senate and did stand by the right of the House of Repre- demand that we agree to them upon the penalty, in case of refusal, sentatives to limit appropriations, and I did say that .t he House of of stopping the wheels of government. Representatives was the proper body to guard the disb~rsemen~ of. Mr. MERRIMON. If the Senator will allow me I wish to ask him public money, as I say now, and that the Senate from Its orgamza- a question, and I do it the more readily because of his large expe- tion is not the best body to limit appropriations, and that the execu- rience in this branch of Congress and also in the other. Conceding tive authorities are not the proper persons to reduce expenditures, that, wisely and regularly, as I do, there ought not to be any general because the¥ are the pereons to expend the money; and, to use my legislation in an appropriation bill, I beg to ask the Senator whether lan(J'uage, "if we appropriate they will squander." republican Congresses and democratic Congresses, and republican After having examined the speech I then made, a part of which has Houses and republican Senates, and democratic Senates and demo- been honored by being made a resolution of the House of Representa- cratic Houses have not for the last quarter century and more, time tives, lsay, with some abatement for a little intemperance of style after time, legislated in the general appropriation bills Y ancl language, that I approve and indorse every principle laid down Mr. SHERMAN. I commenced by saying that I bad Mr. Hunter's then by me; but so far from supporting the position now taken by long opinion read in which Mr. Hunter said that had been the llabit the House of Representatives it exa~tly confiicts with it, because the in both Houses, but he said whenever either House undertakes to House of Representatives then did not pretend to change any law change a law and attempts to coerce the other House to consent to whatever in their appropriation bills ; and we were resisting on the that change of the law, it is revolution. part of the Executive certain abuses that had sprung up, and on the Mr. MERRIMON. Hit is revolution in one party, it is revolution part of the Senate this very habit of loading down the appropriation in another. bills with extraneous amendments. Let me here read what I then Mr. SHERMAN. The Senate may propose amendments of a legis- said: lative character, but if the House objects the Senate should withdraw First we were told yesterday by the chairman of the Committee of Ways and them at once. When the House proposes legislative amendments and Means that all these appropriations are in pursunnce of existing law. the Senate decline in their good judgment because they do not think That was so with the House appropriation bills. Then I denounced the law ought to be changed, the House ought at once to withdraw in la.nguage which has already been quoted, and I will not read again, that amendment. There IS the very thing. Either House may pro- the course of the Senate and the ccJurse of the President, and I made pose amendments, but neither Honse ·can, upon the penalty of revo- these allegations against the executive authorities.. I said: lution, defend all appropriation bills. Under a section of a law passed in August, 1842, which was designed only for Mr. MERRIMON. Have we- that bill and for that year, the Departments assume the power to transfer· appro- Mr. SHERMAl~. I hope my friend will let me go through. I want priations made for oue purpose to any other purpos& in tho same Deparbnent, thus to . . .come down now to another time. I do say- that this speech of defeating all checks. Without law they use money appropriated specifically for the mine made in 1858, so often quoted recently, 18 entirely consistent service of one fiscal year to pay for the service of another fiscal year. with the position I have always occupied, and now occupy, against And, sir, a republican Congress, in both Houses, a few years ago both branches whenever they have presented themselves in this atti- corrected this gross and glaring abuse; and now the law of the land tude of forcing legislative amendments in appropriation bills. I is that money cannot be thus transferred. Here was a great repub- stand by that position of the Senate now. The House cannot force lican reform. us to change a law unless we think it is right and just to change it Another abuse by the Executive Departments is in their habit of making con- upon any threat whatever. tracts in ~vance of appropriations. Mr. MERRIMON. Still you have repeatedly yourself voted for I arraign them and give the cases and instances where they have le(J'islation in appropriation bills. · done it, involving the Government in expenditures in. advanceo! ~p­ difference ~!r. SHERMAN. I thought my friend was aatute enough to see the propriations. I denounced t.hat abuse of the executive authonttes, between a kindly offer of an amendment for the acceptance and I denounce it now; and a republican Congress, republican in of the House and an amendment saying, " Pass this and agree to this both branches, have corrected that abuse and prohibited it. change of the law or we will not pay the President of tho United In this way the Executive is gradually sapping the foundations of the Govern- States, the judges of the courts, or make the other vital appropria- ment and destroying the constitutional power of the House. Instead of a repre- tions." There is the difference. Both Houses at all times have pro- sentative republic, we are degenerating into a bureauocracy, governed bJ: red tape posed amendments; but no House, no Senate, ought ever to insist and subaltern clerks. While the powers of the House are invaded, the ~xecutive upon them beyond submitting them to the willing judgment of th~ takes care to extend, by construction, his just powers. · Of this we havo an example other House. in the Utah war. What power has the President, without the consent of Congress, to order the Army to Utah, and thus involve the Government in an expenditure of In 1860 this same question came up again and I happened to be millions upon millions I · then Qhairman of the Committee of Ways and Means, which h:1d also Here was another abuse. charge of the appropriation bill, and the House again passed clean We have the undoubted_l)ower over supplies, and yet the Preaident so aets as appropriation bills. I was 1,gainst all legislative amendments, and, to leave us no discretion. He creates the necessity for expenditures; and when so far as I remember, there were no legislative amendments in those we are asked to appropriate money to pay them, aU the reply we ha.ve to our in- bills. We obeyed the law and appropriated for every salary or sum quiries is, that the Army waa orderod there by the President, as the Commander· required by law. in-Chief of the forces. When they came back from the Senate they were again loa(~ed All these abuses of the execntiYe authorities have been corrected down in t.he same way1 and I shall never forget a conference whiCh by the republican party since it has come in power. And Senators, was held in one of tne committee-rooms of the Senate Chamber, now when we a.re legislating as we are doing, have no conception of where Mr. Hunter-a gentleman whose words I read-and Mr. Toombs th" loose condition of affairs in this country from 1856 to 1860, when and Mr. Soward acted on the part of the Senate, and the question 1876. CONGRESSIONAL 'RECORD-SENATE. 4381 came up on our agreeing to certain amendments of the Senate. We be embarra-ssed. I move to lay aside the regular order and proceed expressed our disagreement. There was a good deal of disposition with the consideration of the conference report. then on the part of the Senate to say, "Gentlemen of the House of Mr. MITCHELL. I hope that will not be carried, but that we shall Representatives, you must a~ree to this amendment or we will not proceed with the regular business. pass your appropriation bill.' The House of Representatives met it The PRESIDENT pro tempo1·e. The unfinished business is the reso- in the proper way: their conferees would not yield on any essential lution reln.tive to an allowance to P. B. S. Pinch back, pending which point, and we did not. We told them, ''Very well, gentlemen; we the Senator from West Virginia [Mr. DAVIS] moves to postpone this are willing to appropriate everything that is required by law, but resolution and all prior orders for the purpose of continuing the con- not one dollar more unless it meets our judgment;" and the result sideration of the subject which has been before the Senate. was in this conference that the very doctrine laid down by Mr. Hunter Mr. SARGENT. I do not wish to waste time in discussing the order was agreed to unanimously by the conferees and the bill passed with- of business. I think we do take :1 great deal of time in doing that out further controversy; that is, we agreed that if there was any which could be better used. But I would like to call the attention of amendment of existing law in the approprin.tion bills that the Senate the Senate to the fact that to-morrow is set for the continuance of did not agree to we would withdraw it at once, and if there were any the trial of the Belknap case, and so far as we can see it is likely to amendments proposed by the Senate that either gave more money occupy at a,n y rate the remainder of the ten days' grace which by a than the law required or changed the law, and the House would not provisional general appropriation bill has been gained by Congress agree to them, t.h e Senate would promptly recede from them. If for the reguJa,r disposition of the appropriation bills. The regular order, you will look at the records you will find that was done and the the Pinchback matter, promises to occupy all of this day and proba- bills passed, and that is the only principle on which Congress can bly late into the night. The Senator from Delaware, who is noted legislate. 'l'he Constitution declares that Congress shall be com- for a faculty for continuance which is very much to his credit, probably posed of a Senate and House of Representatives, and that every will occupy two or three hours longer. That will bring us to near bill shall receive the sanction of both Houses, depending on the dinner-time, when, if we do not finish the matter, we shall take a re- qualified veto of the President. Neither House can force the other cess until night in order to dispose of it and come back at seven or to consent. It must be a free consent, without any pressure, with- eight o'clock, and if we then finish the Pinchback resolution we shall out any threat, express or implied. When the law stands on your be extremely fortunate. In the mean while this appropriation bill statute-book and it is proposed to change it, both Houses are bound goes over, and to-morrow at twelve o'clock we are confronted with to obey the law and to appropriate sufficient money to execute the the impeachment trial, and so on from day to day until that is fin- law, and neither House can force the other to change that law ex- ished. I should like to know when we are to get action on this report. cept by their free consent. If there ever was a time when there ought to be precedence given to Now, Mr. President, it seems to me that after all our experience appropriation bills and everything springing out of appropriation bills, upon this matter we ought not to have any further trouble. I am it is at the present time when we are seeking for the key to the "dead very glad that the post-office conference committee has agreed upon lock" and trying to get means to carry on the Government. a report. There is much of a legislative character in this conference Although my feelings and sympathies are in favor of the resolution report. I have no objection to that provided it is legislation which brought forward by the Senator from Indiana, and I intend with the both Houses agree to. Then it is t.he law ; but you cannot make light which I now have to vote for the proposition which is brought an appropdat.ion bill the fulcrum ·o r the lever by which to force an forward by his committee, I shall vote on a call of yeaa and nays or agreement a~ainst a dissenting House or Senate. on a division to give precedence to appropriation bills. If there is Mr. MORTON. I feel myself constrained to call for the r~gfllar not a rule of the Senate giving them a precedence, I am somewhat order. surprised by the knowledge of that fact. I know that for years it Mr. EATON. I hope the Senator from lndiann. will give way one has been the practice in both Houses, without an exception, to give moment. precedence to appropriation bills; and when they aiTive to the con- Mr. MORTON. I have given way for some time. dition of an agreed committee of conference report, I know the prac- Mr. SAULSBURY. Here a speech has""been made which, if evi- tice in the other Hoose is that a member cau even be taken off the dently not so intended, does reflect on the action of the Honse. floor in order that the conference report may be considered. The Mr. MORTON. I simply want to get through with the pending Senate has uniformly acted in the sph'it that itwonldgive preference business. My friend from Delaware is in the midst of a speech. I to reports of committees of conference, and I must confess that I am wish to hear that Apeech. painfully surprised when I find that we have no rule which cn.rries Mr. SAULSBURY. I should rather give way to allow a reply to that out. At any rate there is a common law of that kind, long ac- be made to the remarks of the Senator from Ohio. tion of the Senate in that direction, acquiesced in over and over Mr. MERRIMON. It is fair and just that we should have the reply again; and if ever there can be an interpretation of a strict rule, now. it is furnished in this case by the uniform a-ction of th.e Senate for The PRESIDENT pro tempore. The Senator from Indiana asks for years past. the regula1· order. The unfinished business is before the Senate. I trust, _sir, that we may conclude this report. I doubt if anybody Mr. WEST. Am I to understand that by the ruling of the Chair wants to speak at any great length upon it. The speech which my an appropriation bill in the closin~ hours of a session can be ruled friend from Ohio has made has been rather for personal vindication out of congideration by a mere callmg for the regular order f than otherwise. He being honored with the particular notice of an- The PRESIDENT p1·o tempore. There is no rule that gives priority other body thought it necessary to show that he was consistent. I except to unfinished business among the special orders, which takes do not know that any brother Senator wants to show that he waa priority of all other business. The practice of the Senate has been inconsistent, or desires to reflect on him in any way. If other matter to consider conference reports at any time; but there is no rule that in connection with the subject is to be considered, it will require very gives them priority. The unfinished business bas priority. brief treatment; for of course we do not want to go into a discussion Mr. DAVIS. I believe it is in order to move to lay aside the regu- of policy, of the question whether it is right to make n.mendments on lar order and proceed with the conference report 1 appropriation bills having a legislative tendency. The PRESIDENT p1·o te-mpore. That is in order after the Chair la.ys Mr. MORTON. I was not surprised at the ruling of the Chair, for before the Senate the unfinished business. The Secretary will report I had never understood that any committee in this body had superior the unfinished business. privileges to the floor to any other committee for its business; and Mr.- DAVIS. I hope the Senator having charge of this bill will so far ns the necessity for urgin~ this conference repoL"t to-day is con- make a motion to lay the unfinished business aside, and I make this cerned, I do not see it. We all know it will pa~ in some form. We suggestion the more readily becaus"' I have been on a commit.tee of know that the appropriation bills do pass. Tlus matter that is be- conference that has had somet.hing to do with this bill. I hope the fore tho Senate ought to be disposed of and I think can be disposed chairman of the committee of conference will insist on proceeding of soon if we allow it to go on. I know the great gift of continuance with the conference report. It is important that all the appropriation that my friend from Delaware has; but, as I said before, I am pretty bills shall be considered promptly. The session, I hope, is drawing to familiar with the state of that speech in which he is now [laughterl a close. It is proper, and it bas been usual, not only at this session and I hope he will be allowed to continue it. I hope be enjoys it. I but at all sessions since I have been here, to consider reports of con- think it cannot last very much longer. I hope we shall go on with ference committees on appropriation bills a~ always in order though the regular order. I trust my friend from West Virginia will withdraw other business may be pending. That is to say, other business basal- his motion, but if he does not, I ask for the yeas and nays. ways given way for it without exception. I hope.the chairman who Mr. DAVIS. I know there are other speeches besides that of the has charge of this bill will move to lay aside the regular order and Senator from Delaware which will probably consume the day on the proceed with the conference report. I take it it will not last very long. Pinchback matter. But dropping that for a moment: it is most im- Mr. WEST. If the Senator will reflect a moment as to the nature portant, in my judgment, that the report of the committee of con- of the business the Senator from Indiana calls for, he will understand ference on the post-office appropriation bill should be considered my embarrassment in making such a motion. More properly the mo- now from more than one fact, especially as there is a fair belief, and tion should come from some.boJy else. that belief is founded on facts, that this is one of the bills t.hat the Mr. DAVIS. When I addressed the Senator from Louisiana I two ends of this Capitol probably will agree upon so as to become a did not think the regular order was one affecting the' Senator so law. I understand that the House now is waiting for our actiou and closely, being from his State. cannot ta-ke action until we send this report to them. That makes it Mr. WEST. Affecting the State. dll:important that we sbonJ.d not delay it. It bas been the nsngo-1 Mr. DAVIS. The claimant of the amonnt a-sked for the contested do not reco1lect a single exception-when a conference committee seat here is from his Stnte. I therefore SQe readily how he would was ready to report, especially near the end of the session, even when 4382 CONGRESSIONAL RECORD-SENATE. JULY 5, a Senator was on the :floor and was making a speech, that he gave way by him to the bill (H. R. No. 3022) making appropriations for the con- for the purpose of having a conference report n.cted upon. I believe struction, repair, preservation, and completion of certain public works it has been the uniform custom. I hope now that tile Senate will on rivers and llarbors, and for other purposes; which was rofcrrecl sustain my motion to let the conference committee's report be con- to the Committee on Appropriations, and ordered to be printed. sidered. PAY OF P. B. S. PINCHBA.CK. There is anot.her reason in addition to that. I can say to the Sena- tor that a dead lock may be brought about here if he asks for the yeas Mr. MORTON. I now call for the re(Yular order. and nays on this, because it maY-be found that there is not a quorum The PRESIDENT p1·o tempore. The Senator from Indiana moves present. We clo not know now whether there is or not. If he calls for that the Senate proceed to the consideration of the Pinchback reso- the yeas and nays and there shall be found not to be a quorum, neither lution. the Pinchback resolution nor the conference report can proceed. I The motion was agreed to ; and the Senate resumed the considera- hope the Senator will not call for the yeas and nays, but will let the tion of the following resolution, reported by ~Ir. MITCHELL, from the post-office conference report be considered. Committee on Privileges and Elections, April17: · Mr. MORTON. From my knowledge of the temper of my distin- Resolved, That P. B. S. Pinohb::tok, late contestant for a seat in tho Senato from guished friends on one side, I expect them to avail themselves of ap- tho State of Louisiana, be allowed an amount equal to tho compensation and mile- propriation bills and any other object that can present itself to pre- to the age of a Senator from tho beginning of. the term for which he was a. contest:mt up period of the determination of the contest by the Senate. vent the consideration of the unfinished busin~. I ask for the yeas anclnays. · 1\Ir. SAULSBURY concluded the speech begun by him on Monday Mr. INGALLS. I shall vote, when the proper time comes, to pay last. His speech in full is as follows: Mr. Pinch back.his per diem and mileage; but he has waited three Mr. Presiclent, I do not rise to participate in the discussion of ques- years and a half for this desirable consummation, and I presume he tions· conneot.ed with the election in Mississippi, which have been will not suffer materially by waiting a few days longer. If he is to unnecessarily brought into this debate. I am not surprised, however, receive the money, at best he will lose nothing but the interest, and like the Senator from Minnesota, [Mr. McMILLAN,] at the statements if he is not to receive it he will be no worse then than he is now, On that have been made in regard to the election in t.hat State, because the last day of the last month a joint resolution or bill was pa-ssed I believe the Senato will bear witness that upon all occasions, "in extending the different appropriation bills for the period of ten days. season and out of season," whenever an opportunity is afforded the This is the 5th of July. The time has already half expired. The honorable Senator from Indiana, [Mr. MORTON,] he is sure to refer post-office appropriation bill is certainly one of the most important, to the condition of affairs in Mississippi. If my memory is right, so far as the people are concernecl, that will be presented for the ac- it was be who first alluded in this debate to Mississippi; and the re- tion of the Senate. I therefore believe that, while I am a friend of marks which he made drew out from my colleague, very properly as the Pinchback measure and should like to vote with the Senatorfrom I conceive, a correction of the errors of statement in which the Sen- Indi:ma, it is my duty to vote against the postponement of the post- ator fl'Om Indiana. was indulging in regard to the condition of affairs office bill, and I shall feel called upon to record my vote upon that in that State. I am not surprised that the Senator from Minnesota side. is greatly alarmed and greatly agitated and greatly astonished at The PRESIDENT pro tempore. The Senator from West Virginia what took place before the committee. He resides in a State where moves the postponement of the present and all prior orders for the t.here are no colored people; and when he went down South and list- purpose of continuing the consideration of the report of the com- enecl to their tales of wrong, without appreciating fully the condi- mittee of conference on the post-office appropriation bill. The yeas tion and character of the witnesses before him, he was prepared to and nays have been called for. credit without question every story that they told, even, perhaps, The yeas and nays were ordered ; and the Secretary proceeded to their stories of witchcraft, conjuration, &c. I am not surprised, call the roll. therefore, that be is astonished; but I will not indulge in any re- Mr. SAULSBURY, (when :Mr. BAYARD's name was called.) My marks on Mississippi affairs. I rise to speak to tho question regularly colleague [:Mr. BAYARD] telegraphed me this morning to state on the in order. I rise to enter my protest against the payment of some- call of his name that he was paired with the Senator from Pennsyl- thing like $20,000 out of the Tremmry of this country to P. B.S. Pinch- vania, (.Mr. CAMERO~.] back, who was a claimant for a seat on the floor of the Senate. I do Mr. PATTERSON, (when hls name was called.) I am paired with not regard the amount, .20,000, as a very large sum when I take into the Senator from Pennsylvania [Mr. WALLACE] on this question. If consideration the vast expenditures of this Government. When I present he would vote" yea," and I should vote" nay." take into consideration the wasteful extravagance that has been in- The roll-call having been concluded, the result was announced- dulged ln within the last few years, I do not cou~:;ider the sum of yeas 31, nays 8; as follows : 20,000 a very large ~;mm; and yet I say that it is a sum entirely too YEAS--Messrs. Allison, Anthony, Cameron of Wisconsin, Cockrell, Davis, Dawes, large to be taken from the public Treasury and given as n. donation- Eaton, Eel munds, Ferry, Frelinghuysen, Gordon, Hamilton, IIamlin, Howe, lnZLlls, ! measure my words when I say to be l?aid as a gratuity to a mau Jones of Floricla, Kelly, Key, McCreery, McDonald, Mcrrimon, Morrill of Maine, who has no more shadow of claim or right to any sum of money what- Morrill of Vermont, Norwood, Pacldock, Sargent, Saulsbury, Wadleigh, Windom, ever out of the public Treasury than I have to the money in the cof- Withers, and Wrigbt-3L. NAYS--Messrs. "Bruce, Cragin, Harvey, Hitchcock, McMillan, Mitchell, Morton, fers of the British exchequer. and Sherman--8. What legal 1·ight has Pinchback to this money f I presume it will A.BSENT-Messrs. Alcorn, Ba-rnum, Bayard, Bogy, Booth, Boutwell, Burnside, not be contended that he demands this money nuder anv claim of Cameron of Pcnnsyh·ania, Caperton, Cbristiancy, Clayton, Conkling, Conover, legal right. I have heard no such assertion yet macle, and· I venture Cooper, Dennis, Dorsey, Goldthwait.Q., Johnston, Jones of Nevada, Kernan, Logan, Maxey, O~lesby, Patterson, Ranclolph, Ransom, Robertson, Sharon, Spencer, Steven- to say t.llat no Senator will make tho assertion that ho hn.s any leo-al son, Thurman, Wallace, West, and Whyte-3-t. right w,hatever to a dollar of this money that is proposed to be gi~en So the motion was agreed to. to him. . The PRESIDENT pro tempore. The question iB on concurring in Then upon wlmt is his claim for this $20,000 based t Has be any tho report of the committee of conference. equitable claim to this money T From what does the equity arise f The report was concurred in. Has he rendered any service to the country Y Can the honorable :MESSAGE FROM THE HOUSE. Senator from Indiana, or any other Senator, point to any special sen•- ice which Mr. Pinchback has rendered to the country within the A message from the House of Representatives, by Mr. G. M. ADAMs, last three years Y True, he has all that time been obtruding himself its Clerk, announced that the Honse had agreed to the report of the upon the attention of the Senate and has given to our friends on the committee of conference on the disagreeing votes of the two Houses other side of t.h e Chamber the benefit of his company, and has already on the bill (H. R. No. 3411) authorizing the repavement of Pennsyl- cost the Government a. very large amount of money. Why, sir, the vania avenue. time his application for a seat on this floor has occupied in this Sen..1.te The message further a1,1nonnced that the House bad agreed to the within the last three years, if it could be measured in dollars and amendments of tile Senate to the bill (H. R. No. 2.575) to amencl sec- cents, together with the cost of investigations into his right to a seat tions 3893 and 3894 of tho Revised Statutes providing a penalty for on thi" floor, would amount to a sum of money much larger than is mailing obscene books, and other matters therein contained, and pro- genemlly apprehended. I have not the clata before me; but I ven- hibiting lottery circulars passing through the mails. ture the assertion that it would not fall far short of $50,000. With- The message also announced that the Honse had passed the follow- out the shadow of a ri~htful claim to a seat on this floor he bas per- ing bills; in which it requested the concurrence of the Senate: sistently, and I had liked to have said impertinently, pressed his A bill (H. R. No. 1909) for the relief of John W. Chickering; and claim upon the attention of the Senate, so that the consumption of A bill (H. R. No. 2f'>24) for the relief of certain soldiers of the Eighth time of the Senate, together with the expenditure of money in sub- Cavalry, Missouri State Militia. pcenaing witnesses and paying witnesses, has amounted, in my judg- RECOMMITI'AL OF A BILL. ment, at least to the sum I have indicated. I can find nothing upon 1\Ir.FRELINGHUYSEN. I move that the bill (S.No.854)torepeal which any equitable claim for this payment can be based. On the a part of section 4713 of the Revised Statntes of the United States contrary, I find in the evidence before the Senate, in the records of rel~ting to pensions be recommitted to the Committee on Pensions. the Senate, that which ought to scout from this presence any claim It is done with the approval of the chairman of the committee. by that man for compensat.i on whatever. T)le motion was agreed to. Let us look at the facts. Pinobback claims to have been elected a • Senator in January, 1873, and by whom was he elected f Your rec- AMENDMENT TO A.PPROPRIATIO~ BILL. ords disclose the fact that he wa-s elected by an assembly illegal and Mr. ANTHONY submitted an amendment intended to be proposed revolutionary; that he was elected by a legislature that usurped the 1876~' CONGRESSIONAL RECORD- · SENATE. 4383 functions of the legislative department of that State; that he was race than our republican friends, whose partiality for the people of elected by a legislature that never had a legal existence, but wa.s color springs from political considerations rather than from motives f~isted into power by Federal bayonets, by fraud and by force com- of justice or disinterested benevolence. bmed. These fact.s are known and read of all men; they have been Mr. MITCHELL. Will the Senator allow me to ask him a ques- detailed iu this Senate, not, by democrats alone, but by honorable Sen- tion f ators on the other side of this Chamber, who have declared the legis- Mr. SAULSBURY. Certainly. lature that elected Pinch back had no legal existence and was a usurp- Mr. MITCHELL. The Senator from Delaware says that the col- ation in fact, devoid of the statu~ of a legislative body. Is not that ored people have no right to complain against the Congress of the trne f Let us refer to the history of Louisiana for the last few years. nation on account of any deprivation of rights. That, perhaps, to a What was the condition of affairs in 1872? In the month of Novem- certain ext-ent is true~ I desire to ask the Senator from Delaware ber of that year an election was held. That election was declared by what political or civil right has been extended to the colored race in a leading newspaper published in the city of New Orleans, a republi- the la!'lt t.en years by. the aid of a democratic vote in either branch of can paper and the organ of the party in that State,· to have been ex- Congress f ceptionally quiet and peaceful; and yet after it was ascertained that :Mr. SAULSBURY. If my honorable friend will simply walk across the result of that election was the election of a democratic Legisla- to the democratic House of Representatives he will :find there that by lature and a democratic governor, a conspiracy conceived in fraud, a thejusticeofthedemocraticRepresentativesofthepeopleofthiscoun- conspiracy conceived in the spirit of treason to the State, a conspiracy try they have permitted colored Representatives to come in there which .ought to have subjected to the penalties of treason the conspir- and take t.heir seats, when they have been contested, too, by white ators who entered into it, combined and united for the purpose of de- men. No, sir; the whole record of the democratic party from the £eating a (lemocratic Legislature and a democratic governor, to excite very foundation of this Government to the present time establishes revolution in the State and to usurp the government of the State, to the fact that they regard strictly the Constitution and laws of the defeat the will of the people, and to foist over that State a usurping country; and whether they approve of those laws or not, they observe government. and obey them and mete out to all alike both white and black the full I speak, Mr. President, that which the records of this Senate dis- measure of rights which they secure. close. I ipeak not merely my own opinions, but I utter the opinions 1\Ir. MITCHELL. Will the Senator allow me one other question t of honorable Senators who differ with me in politics. I have before Mr. SAULSBURY. I do not care to be interrupted. me the report submitted by ?tlr. ·Carpenter, a member of the Com- The PRESIDING OFFICER, (Mr. ALCORN in the chair.) Does the mittee on Privilerres and Elections. That report was signed by Sen- Senator from Delaware yield! ator ALCORN,of?tfississippi; thatreportwa.ssigned by Senator LOGAN, Mr. SAULSBURY. I will yield again. of Illinois, by Senator ANTHONY, of Rhode Island, and concurred in Mr. MITCHELL. The Senator says the democratic House of Rep- principally in all its facts by Senators Hill of Georgia and Trumbull resentatives at the present session has been very generous in admit- of Illinois; nnd in that report they declare most emphatically that it ting colored Representatives. I will ask him if the same democratic was a usurpation, that it had no legal existence, and that if the House have not turned out all colored Representatives who were election was not vitiated by fraud the McEnery government was elected by republican votes! elected by about ten thousand majority. When, therefore, I say that Mr. SAULSBURY. No, sir; on the contmry they have denied ad- this man is a representative of a usurpation, that he came here as the mission to white men who were contesting the seats of colored pea- representative of a revolutionary body which had usurped the places pie, and the white men wero democrats and the colored men were of government in the State of Louisiana, I speak that only which this republicans. report of your committee proclaims and discloses. If my honorn.ble friend is so unfamiliar with the history and char- Well, sir, elected by that body with full knowledge of tho illegality acter of t.he democratic party all he has to do is simply to walk across of its existence, himself a pa1·ticep8 in the crimes that were committed to the other end of the Capitol where democrats are in the majority in that State; one of the chief inceptors of that revolution; a man and he will see an illustration of its observance 'Of tho Constitution that originally entered into the conspiracy, he came here, I repeat, and laws and tho security which it furnishes to the rights of all. If with a pertinacity and I will say with an impudence intolerable, the Senator desires to ask another question I will yield again. and pressed his claim to a seat in this body for three long years, till Mr. LOGAN. I will ask the Senator a question if he will yield. at last the Senate, composed of a majority o( the republican party, Mr. SAULSBURY. I should rather make my speech :first. were compelled to drive him home and to deny his claim, after ex- Mr. LOGAN. I should like to ask which was elected in the cases hausting patience, after tolerating perhaps because of his color this he referred to 1 the white man o'r the colored man! Tbey turned the impertinent person's claim upon the Senate. Now, sir, after the Sen- white man out, the Senator says. Which was elected f ate has been compelled to turn him from this bo.dy because he had no Mr. SAULSBURY. I have no doubt they acted perfectly right and legal1·ight to a seat on thls floor, the further impertinence is presented denied the seat to the white man who wa.s not entitled to it, and gave on the· part of this man of making a claim for the compensation a.nd it to the colored man who was entitled to it. mileage of a Senator; and honorable Senators have f:l.vored that ?ttlr. LOGAN. Exactly; then I give them no credit for it. claim. I shall not say that anything is wrong on the part of Senators Mr. SAULSBURY. But I was about adding this further remark, in reporting this matter or in favoring it. I impnte nothing wrong that I have great doubt whether that would have been the case had to Senators. I speak of the man himself. I speak of him because he the Senator's party been in the majority. had full knowledge from the very beginning that he wa-s not enti- I have said that this man comes nero as the representative of arevo- tled, because he himself was a part of the conspiracy. He had a full lutionary body. I have said that the records of the Senate disclose knowledge that t.he government which he claimed to represent was it, and I mean to prove that assertion. I mean to prove that I am an illegal government foisted upon the people of Louisiana by Federal . uttering nothing but what were the sentiments and opinions of re- bayonets enforcing the order of Durell, who because of his complic- publican Senators three ye3>rs ago on this point. You remember that ity in the affair was ultimately driven into disgrace, and to avoid the report of Mr. Carpenter proposed as a remedy for the condition of impeachment retired from the bench. afl:airs which he found in Louisiana to hold a new election under The claim of Pinch back is presented and urged here, and it ha.s Federal auspices for the purpose of establishing a legal government been intimated by the Senator from Indiana that unless it is passed in that State, which he said did not exist. In the report which he it is a proclamation that the rights of colored people are not to be made he states emphatically that if the election of McEnery is not respected in this body. I assert, and the records of this body and of treated as a fraudulent election then he must be recognized as the the other House of Congress will show it, that a very large prop or- legal governor, because McEnery bad a large majority of the votes of tion of the time of both Houses of Congress has been occupied with .that State. But Mr. Carpenter and the members of the committee considering and providing for the interests of the colored people. Of with whom he was associated, (all of whom were republicans, there all the people on the face of this earth they are the last to complain not being at that time a single democrat upon the Committee on of the action of the national Legislature, for much of the time of Privileges and Elections ; every member of that committee was are- the Senate and of the House for the last several years has been occu- publican,) with all their party attachment, -with all their party pre- pied with the peculiar int~rests of the colored people of this countl'y. judice, with all their party predilections, upon a full examination of A rejection of this claim will be no proclamat.ion, it will be no dec- the case were driven to the conclusion that the Kellogg government laration that the rights of colored people are not to be respected. was a usurpation, and that if there was any legal government in the There has been no disposition manifested on this side of this House State of Louisiana, it was the government headed by McEnery. not to respect the just 1ights of colored as well a.s of white men. I That was their conclusion. But they expressed the belief that the am only sorry that on the other side of the Chamber I have some- election of McEnery and his ticket was fraudulent. I think in that times thought that I could observe a partiality, for reasons which I point they were in error. I think that their report ougbt to have shall not name, toward the race to which I do not belong. On this been not only that the Kellogg government was a usurpation, but side of the Chamber we concede to all men their just rights under that McEnery was governor, and that the Legislature elected with the Constitution. "vVe are prepared to award to the colored man all him on the ticket was in fact the l~(J'al Legislature of the State of the rights that belong to him under the Constitution and laws of the Louisiana, and that it had been displaced by a usurpation of power land, but at the same time we maintain that he is no better than our on the part of the Federal Government, on the part of Durell, who own race, and we are not prepared to award him superior rights to our- issued hi& order, and on the part of the President of the United Relves. We respect the rights of all and mean to stand by the rights States, who authorized the employment of troops for the purpose of of all, white and colored. We do not intend, however, to give any enforcing his nefarious order. That should have been the report. It preference to the colored race from political motives or otherwise. would have been justified by the facts. They ought to have come We beli~ve at the same time that we are better friends to the negro before the Senate and exhibited what we sometimes meet wit.h in his~ 4384 CONGRESSIONAL RECORD-SENATE~ JULY 5, _tory, when men forget their party passions and party feeling£, and, This bill was di~;cussed time and again aml -finally reached a vote. looking at matters as they really exist, rise above all party prejuuices The vote on that bill was taken, anu I will ·read now t.be yeas and and party passions, and come forth anu denounce that which is wrong, nays. Some Senators voted for that bill that I suppose will now voto though perpetrated by their own part.y. Perhaps that was too much to pay Pinchback. to expect from this committee, however. We are all human beings. I find the names of the following Senators in favor of that bill, We are subject to frailties. We are subject to be influenced by our which declared that the election held in the State of Louisiana in prejudices and by our passions, aml I attribute to that honorable com- 1872 was null and void and proposed to hold a new election unuer mittee no feeling or infirmity which I am not willing to admit may Federal authority: attach to myself. I know the frailties of humanity, a.nd I do no dis- YEAS-Messrs. Anthony, Carpenter, Corbett, Cragin, Ferry of Michigan, Fre- credit to the committee when I say tbat they, like myself, are sub- linghnysen, Gilbert, Hamlin, Howe, Logan, Machen, Osborn. Ramsey, Sawyer, ject to the weakness and infirmities of lmmanity, and perhaps did not Sherman, Sprague, Stewart, and Wilson. see and could not see the truth as it really existed. If they could Those gentlemen all voted for the bill. They sustained the report have risen above it all; if they could have discarded all bias; if they of the committee, and voted for a bill which proclaimed in its very could have really looked at the facts as they existed, and come forth first section that the election in Louisiana was null and void for rea- to the Senate with the report that the McEnery government, having sons which bad been assigned in the report which was submitted to received some 10,000 majority of the votes cast in Louisiana in 1872, the Senate. Upon that bill there was a discussion, and I propose t.o was a legal· government, it would have been a sublime spectacle, show what honorable Senators said in reference to that matter. I worthy of the imitation of all parties for all time to come. But they will read from the speech of Senator Schllrz: · did not do so; and I do not say that they could arrive at that conclu- What was their first act 1 sion, because of the infirmities which cluster around this poor hu- manity which clothes us all. However, they did come to the conclu- Speaking now of the Legislature which elected this man Pinch- sion that McEnery's government had received a large majority of the back- votes actually cast, and they came to a further conclusion that the What was their first act? They impeached the governor. Throwing aside all the forms of impeachment prescribed by law, they impeached and suspended the Kellogg government was a usurpation, in existence in viola,t ion of governor, if a summary decree can be called impeachment and suspension. They right, supported and propped by Federal bayonets, and they proposed who had not a shadow of right based upon law, upon Totes, upon an election, upon as a remedy for what they considered an abnormal state of affairs, a legal returns, proceeded to undo one governor and to make another. That second gov. State without a legal government in existence and controlled by a ern or was Pinchback. TheNational Q-Qvemment recognized him as the governor of Louisian:t. Then they proceeded to what they called the canvass of the votes in usurpation, that an election should be held under Federal law by the Legislature, not canvassing legal returns of votes in any legal form, but a can- which the people of Louisiana could re-establish a legal government va!>s on the ground of newspaper reports, wild guesses, and forged affidavits. What in that State. · I say here is hy no means an exaggerated assertion, for it is distinctly proven bv Now, I want to call the attention of the Senate to that proposed the testimony, and I think it is denied by no one; Then they declared the man of their choice, Kellogg, governor, Antoine, lientenant-governor, and so on all the law. I want Senators to mark the phraseology of the first section of State officers of LoUisiana. that bill. which fully sustains all that I have said in reference to the Thus the usurpation is consummated1 a usurpation without the shadow of a law character of that government. It was introduced into the Senate I as an excuse, with notbin"' but fraud aml force to stand upon; a usu-rpation pal- pable, gross, shameless, an'a utterly subversive of all principles of republican gov- believe on the 27th of Febmary, 1873: ernment; a usurpation such as this country has never seen and probably no citi· Be itenante.l by the Senate and House of Representatives of the United States zen of tho Unitecl States has ever dreamed of. The offspring of this Legislature of America in Congress assembled- is the Kellogg government, and that government is called by the Senator from In- diana the laWful government of the State of Louisiana, which, be insists, we are ! read the first section- bound to recognize. · That the election held in the State of Louisiana. on the 4th da.y of November, 1872. for governor, lieutenant-governor, secretary of sta.\e, attorney-general, audi- That is what Mr. Schurz said on this subject. I now want to read fur of public accounts, and superintendent of education. and for senators and rep- what Senator SHERM.A.N said in reference to this subject. I am now r esent-::tti>es for tho General Assembly of saitl Stat-e, is hereby declaretl null and re:uling the testimony of republican Senators iu reference to the void; and it is furthe.rordercd and declared that the persons who were entitled to holaY hand and there is a white man on the other claiming an allowance from the beginning of the term, when he has done no service, when iu in like cMes. This case of Mr. Sykes, of Alabama, baa not yet been fact 'he was not elected, is another abuse that ought to be corrected. decided, but there is a resolution now pending before the Senate pro- If there is no law that sanctions it, those who administer the Gov- posing an allowance to him just such as it is proposed to make for the ernment ought to be called to account for it, and the practice ought contestant in this case, and I shall not support that unless the Senate to be suppressed. If the law allows it, it ought to be repealed at by its vote in this case shall show a deliberate purpose to sanction once and the abuse corrected in that way. This occasion is appro- the policy which has prevailed since the late war, and only since the priate. Here are, as I have suggested, two cases, one a republic:m late war so far as I can ascertain. There can be no complaint by the and a colored man, the other a white man but a democmt; and a friends of this contestant, there can be no complaint by the friends more opportune time could not be presented when the practice should of the contestant Sykes if the Senate shall adopt this reasonable be established of paying a contestant a reasonable sum to pay his ru1e, and it will correct an evil, an evil and vicious practice, a reck- expenses incurred in his contest and no more. less expenditure of money which encourages men to come here and In regard to this very contest, if this resolution passes, the con- make contests where there is no reasonable ground for them. testant will receive from 18,000 to 20,000, more than three times I believe that my amendment ought to prevail on the reasonable the sum necessary to pay the expenses that he incuned; and, pray, ground that contesronts ought not to be driven from the Senate. what service did ho ever render this country Y What service did he They ought to be encouraged to come where there is reasonable do the Senate f What service did he do the State of Louisiana Y ground for contest, and the Senate must be the judge of that. Where What effect had his contest but to produce a discussion. that lasted a large minority, ae in this case, say that there is reasonable ground, and annoyed the Senate and the country, too, for more than threo I think it a case where a re!l8onable allowance ought to be made, al- years' If he had known that the practice of the Senate was to 1876. CONGRESSIONAL RECORD-SENA-TE. 4389 make only a reasonable allowance to pay his reasonable expenses, been here there has been no instance, there has been no case, that at the probability is that the contest he made would not have la~ted all approximates in my mind and jud~ment in merits looking to the a third of the time it did, if indeed it had been made at all. It discussion and Jooking to the action ot the Senate. I therefore have suited his interest to protract the contest as long as possible; he no trouble and no hesitation so far as a claim of right is concerne-d was in better condition out of the Senate than in it if he expected in granting an allowance. The only doubt I have is as to the rule. a salary for nothing. The longer the contestant can protract the I feel bound to follow the rule that has been established, but at the contest the better for him. He would rather it would never come earliest opportunity I shall then and at all times do what I can to see to a.n end. He would come here and stay about the Senate, and stim- that a different rule shall be established. - nlate his political friends and protract it as long as possible. This lli.CONKLING. Mr.President,notwithstandingthereasonswhich remark is a-p plicable not to one party more than to another. We know move me have been stated so well and so clearly by other Senators, as human natnre. We know its weakness. We know howevilsof this the yeas and nays have been demanded on this amendment and as I sort creep in, and we ought to know how to correct them when made shall vote against it, I wish to a-ssign briefi.y my reasons for that vote. so :manifest as this case makes those to which I advert. If I do not feel at liberty to characterize a-s unsound or vicious the I ask for the yeas and nays on my substitute. rule which ha-s prevailed in the Senate heretofore it is because that The yeas and nays were ordered. rule hM received the sanction of such names as I ~d recorded in the Mr. FRELINGHUYSEN. I listened to the remarks of the Senator affirmative of resolutions illustrating it. I see here an instance in from North Carolina, and it struck me that there was a great deal of which Mr. Douglas of Illinois, Mr. Ever~tt of Massachusetts, Mr. good judgment in what he said; but this is the conclusive answer to Seward of New York, Mr. Sumner of Massachusetts, and other Sen- it1 I think: that every a.ct, whether it is a contract, the performance ators recorded their judgment and their vote in .favor of the rule ot a duty, or the commission of an offense, must be regulated by the which had prevailed and which has since prevailed in the Sonn.te. la~ that exists at the time, and not by a law that is made afterward; Speaking in the presence of such names I must abate of course the It would be a very hard thing, after all this protracted attendance udgment which might otherwise bo mine. Upon the propriety of here by Mr. Pinchback, after all the trouble and excitement and anx- this doctrine, were it an original question left to my own judgment, iety, if we should make a new rule. If my friend will introduce a I could never ascertain the propriety first of paying to a claimant proposed law carrying out his views, making it applicable in the fu- whose claim is pronmmced null the salary and mileage of a Senator, ture, I think I should agree with him; but as it is, I cannot consent as was done in the instance in my hand, which occurred in 1853, and by my vote to change at the present time the law in reference to what then when a claimant with proper qualifications, election, and re- has transpired. turn comes and is seated, paying him over again for all the time Mr. WRIGHT. Before the vote is taken upon this proposed amend- which has elapsed before his election took pla.ce, and of course be- ment, I wish to say just one word, not to enter at all into the general fore his claim was made. If the Senator from Iowa, and I beli0ve it discussion. Upon one or two occasions1 when this question has been was he, pronounced that rule unfounded in justice, or reason, or right, up, I have taken the position which 18 taken by the Senator from I should agree with that statement if I felt at liberty to agree with North Carolina; that is to sa.y, as a matter of principle, if it were a it, a-s I should feel but for the very imposing array of names and of new question, it seems very clear that the safer and better ground, judgment which can be found in its favor. Notwithstanding the and the just ground, is the one that he maintains. I remember when deference which I feel bound to pay to these precedents and to their the Senator from Maryland, no longer a member of this body, [Mr. makers and authors, I think I may prudently 'pledge myself to vote Hamilton,] asked to take up a resolution making an allowance to Mr. a-s to future cases for any legislative provision or any rule of the Sykes on the same basis as in t.his case, I objected to it, and insisted Senate which shall adjust more exactly according to the rules of right that the true basis was that he should be allowed for his expenses. and justice, as I tmderstand them, this whole matter. I say, therefore, if this were a new question, I should unhesitat- When I come to consider the pending case, I encounter the diffi- ingly vote in accordance with the suggestions of the Senator from culty stated by the Senator from New Jersey. Not only since the North Carolina; and if the question shall be presented in the form of war, as was said bythe Senator from North Carolina, but long before a proposed law, I shall so vote. I think, however, M the Senator the war, in the Senate, and in the House of Representatives up to from New Jersey has just said, that there is very great impropriety, the time I left it, (I am told by a Senator that the more recent rule that there is marked injustice, in saying that in this case we will there is otherwise,) it has been the practice, it has been the deliberate depart from a rule that ha-s been settled from time immemorial in the action of both Houses to allow full compensation in a case like this. • Senate, and that we will apply a rule to the case of Pinchback that In the instance which I have in my hand the vote was 2'~ to 19, a never has been applied to any other case. somewhat close vote, and I find recorded in the negative Senators There is another thing about it, as far as the amendment proposed who are still here and who sit in my vicinity; but with varying by the Senator from North Carolina is concerned. I am not satisfied majorities, sometime..'! greater and sometimes less, for a long period that the sum proposed by him is a fair and a just sum. If the ques- of time, as far as there could be a common law of the two Houses, tion is to be settled upon that basis, I think the true wa.y would be a parliamentary practice which had become indurated by much repe- to refer the mat.ter to a committee, that it might be investigated. It tition, the rule has been established that M:r. Pinchback, for example, will not do to say at once that $.1),000 is an adequate sum. I can well coming here with any ease which so far commended itself to the Sen- see that upon that ba-sis, taking only the element-s that the Senator ate aB to lead to consideration, -as to lead to a difference of opinion . himself suggested, $5,000 would not be an adequate sum. He says (I guard my statement in this wa,y because very likely had a man $5,000 would cover all expenses for the three years. I am sure the come with a claim wholly preposterous he would have boon denied Senator would not be prepared to say that that was correct as ap- this rule) with a case having enough of merit to elicit inquiry and plied to any Senator on this floor. We claim, and claim wit.hjus- to result in a serious difference of opinion in the Senate, was entitled tice, that we are barely able to pay our expenses and live on onr com- to receive, in short, that measure of compensation which he would pensation. Therefore $5,000, It would strike me to begin with, is have received had success aud not failure waited upon his claim. hardly adequate, and I would be unwilling to say that that should The present claimant came in the presence of that condition of be the sum without some evidence to justify it or to sustain it. things, of that settled law, if I may call it law, and although not I have suggested to the Senator from Oregon, [Mr. MITcHELL,] who statnte law, it was the unwritten and observed law of the Senate; has this resolution in charge, that I was opposed on principle to the and not, as I understand, by any process or exertion of his own but rule upon which this allowance is made, as I am; but the authorities by repeated orders in the Senate he was deferred and postponed, and cited show that the uniform practice of the Senate is the other way. again deferred until three years, with the much-coming of all that I do not think it is fair that we shall depart from that rule in this time, had elapsed, and then by a very close vote it was held, for instance, nor do I believe that it would be fair to depart from it in reasons which, by the by, did not affect him personally, but which any special instance, but I think that at the earliest day possible this went to matters impersonal to him, the organization of the ~overn­ rule should be changed. It seems to me to be exceedingly unfair, ment of the State from which he came, that he was not entttled to quite as unfair as the rule which obtains that if a person gets his his seat. Now for us to proceed at this time not only to express our seat next December he draws pay back to the commencement of the judgment in favor of another rule for the future, but to make that term. There is neither logic nor jlliltice in any such ru1e. I do not expression retroactive and apply to this man a measure which ha-s think there is any in this, but then it has been observed and I feel ne.ver been meted out to any other claimant as far as I know, seems l;>ound to follow it fl-8 the law·atands. I do not think it would be just to me an act of injustice which I have heard no argument of conven- to the person claiming this seat that you should adopt a new rule ience, economy, or otherwise to palliate. now and apply it to his case. Mr. EATON. Will the Senator give me the name of the contestant I have but one word more to say. To say that Pinchba.ck comes in the case to which he has alluded¥ here as a pretender and that it is presumption for him to ask that Mr. CONKLING. In the book before me' this money shall be allowed to him, I think is quite unfair. Mr. EATON. Yes, sir. Mr. MERRIMON. I am sure that I have treated that gentleman Mr. CONKLING. I have the Senate Journal of March 17, 1853, in with all respect. which it appears that- .. Mr. WRIGHT. I am referring to what wa-s said before. The Sen'lte proceeded to consider the resolution submitted by Mr. Morton- Mr. MERRIMON. I spoke of what he demands. Mr. WRIGHT. The claim he here sets up has been termed an im- Not the p~esent Senator from Indiana, but Mr. Morton, from Florida pudent one on the part of Pinchback, ancl that, too, at the close of an then- investigation and discussion as fu11 and exha11Btive as any that I have the 7th instant, to allow per diem and mileage to tho Ron. David L. Yuleo dm·ing ever known on this floor, when it was deter.wined by a bare majority thoAnd time he contested the seat of tho Ron. Mr. Mallory in the Senate. on the question, Shall the r esolution pass, that he was not entitled to the place. During the time that I have It waa detel'illined in the affirmative-yea~ 22, nays 19~ 4390 CONGRESSIONAL RECORD-SENATE. JULY 5, I heard the other day some Senator remark that Mr. Thomas, of that in the present case, being a claim for compensation accrning Maryland, was not paid for the time which elapsed while his claim under the law as it stood, upon facts already past, I had great diffi- for a seat was pending, and it was also observed that he made no culty in treating it as a new question and applying to this present claim for compensation and the question did not arise. If so, that claimant doctrines and rea,sons which never applied to others, but case is not in point either way ; and such seems to have been the fact, the reverse. because I see the action taken in the case of his successor, Mr. Vickers, Now coming to the futnre claims of a Senator, I infer, from seeing refers to that circumstance. Omitting, then, instances of this sort, the names of Senators here, and the import of that which they have which are hardly instances, as far as I know the ru1e has been uniform certified by signing their names, that they thought the law of 1862, in such a case a.s this to pay compensation such as is prescribed in the which is still a law, contains provisions under which the Senate is iu resolution reported from the committee and awaiting our action. some sort bound in such a contingency as the Senator refers to, namely Then the rule of late, since 1862, has been to do another thing, the election of a successor of this claimant, to go back and pay him which, I must say, seems to me considerably worse, considerably more over again; and I commenced my remarks by saying that if some indefensil>le. It is illustrated by what grew out of the case of Mr. Senator would introduce an amendment to that law, or a rule of the Thoma-s, and I will refer to that one case. On the 8th of June, 1872, Senate, if a rule would reach it, guarding us against this in the Mr. Vickers, then a Senator from Maryland, addressed an inquiry to futurehi thought that would be very wholesome. But when, in tead the presiding officer of this body touching his right to compensation. of sue a provision for the future, it is said now that we shall turn In that communication it appeared that Philip Francis Thomas was around in respect of this man, whose rights are fixed 1 whose rights elected to the Senate of the United States by the Legislature of Mary- are vested-if I may so say, and I believe 1 may as that is a phra e land for six ye:t.rs, commencing on the 4th of March, 18(:)7, and ending regarded by the law-and uproot this practice as to hi:::n, then, as I on the 4th of :March,1873; that Mr. Thomas was not admitted to his said before, I find as a difficulty in the way very well and generally seat, and it is recited that he did not receive compensation, and it is understood principles not only of reason, and equity, and good faith, said that he did not claim compensation. That, however, did not but of law. affect the immediate question for which I cite this report. On the I am willing, Mr. President, for one, to vote now for any notice, for 7th of March, 11:!68, which was, a.s the Senate will see, a year and three any amendment, for any other matter or thing which shall acqnaint days after the commencement of the term for which Mr. Thomas had every citizen of the State of Louisiana and of every other State that, been elected, George Vickers was elected to the Senate for the residue shou1d he accept an election to a vacant seat which has been vacant of the term ending March 4, 1!:!73. Those are the facts on which the for three years, that election will imply that he is to receive com- quostion arose, and here is the report of th~ committee, which con- pensation like every other Senator, neither more nor less, and that it cludes thus: will also imply that he is not to receive compensation for three years Your committee report the following resolution and recommend its adoption: during which he rendered no service, during which he never thought .Rcsol1Jed, That George Vickers, a Senator from Maryland, is entitled to receive of being a Senator, and during which he has, so far as I can see, no pay as such for the year commencing March 4, 1867. more claim in equity or justice to the money than I have or than my That is, he is entitled to pay beginning on a day a year and three friend the Senator from North Carolina. days before he was chosen ; and a year and a still greater length of I am reminded by a Senator near me that the same ru1e which we time before he took his seat; a year during which he was in no ex- are discussing was the rule adopted in the case of the colleague of pectancy of being a Senator, a year during which nothing proceeded the Senator from North Carolina. I believe that that Senator him- as to him touching the matter of a seat in the Senate ; a year during self has said on the floor that so cogently did he feel the inju tice of which another man wa.s claiming that seat and but for the contingency this rule that he offered to his predecessor, the claimant of the seat, of his rejection would have held the seat during that yea1· and all every part of the compensation due by the action of the Senate to the years succeeding in the six which constitute the entire term. him anterior to the time when he became seated, and I believe the That report is signed I see, by- fact that he did make that offer exposed him on some occasions to ALLEN G. THURMAN. some injurious remark. Perhaps it was in reference to that that he B. F. RICE. spoke when he said that feeling that this compensation was not due M. H. CARPENTER. to him he proposed to his predecessor, to whom if to anybody it was JOSHUA HILL. HENRY B. ANTHONY. due, that he should take it, which is a very strong illustration of the • view which that Senator took of the justice and propriety of such a I venture to suggest to Senators that if they would aim at a reform provision as this. in this regard no part of this evil is greater than the part illustrated Returning from some digression on this subject, I would vote cheer- there. The idea that when some months hence a Senator shall be fully for the amendment offered by the Senator from North Carolina chosen from Louisiana as to whom no question arises and he comes if it were offered as an amendment to speak to future cases, to take here and takes his seat, he is to be paid as other Senators are paid, effect upon men who have no vested rights and who have not pro- his salary, his mileage for coming, and his mileage for returning, and ceeded under a different and well-grounded expectation. As to tho e then over and above that he is to reach back for more than three years men I feel bound to observe the law as it st.ands. As to the present and be paid alnmpedsumofsome 20,000ofaccruedearningsbeforehe claimant, to be entirely frank, I may admit that I feel a little more began to earn anything, or before he ever heard of the possibility of careful to see to it that by no act or omission of mine does any in- hi8 being chosen, and when the facts and circumstances of the case justice visit him because of considerations which have been alluded had not affected him in the estimation of a hair, is not at all tenable. to, and which I do not choose more pointedly to refer to, but which That is not a case where one man was elected, as he insisted, and an- considerations do not single him out in my estimation as a man who other man claimed to be elected, and he was engaged in a contention should be visited with any stint of compensation or any stint of con- with that man as to which should succeed to the seat, but a case sideration beyond other men. I do not mean to imply that there is where he was in no sense in question. The Legislature of Louisiana, any Senator moved by the fact that this man's race, or his history, if it be sitting, reaches out to-morrow and takes some man who is not or the circumstances surrounding his claim to a seat in the Senate even in a state of expectancy, more surprised himself than any other should make any clifference against him. I only mean to say that for citizen of Louisiana, if you choose, and suddenly translates him, if it one I wish to see to it, I wish to be careful and industrious in seeing be a translation, into the Senate of the United States, and thereupon to it, that no invidious distinction is made against him. by this doctrine thus construed he fa.lls heir not only to the seat, not Mr. MERRIMON. I beg to assure the Senator that the fact of this only to all the compensation attached to it, not only to everything contestant's race has not in the slightest degree influenced my actiou. which concerns every other member of this body, but he also falls :Mr. CONKLING. The honorable Senator did not understand me heir to a sort of sinking fund, a something which has been running to impute that to him; did he f and accumulating somewhere, under some doctrine of chances or per- Mr. MERRIMON. I did not so understand the Sen.1.tor. In the adventure, and which amounts to $20,000. same spirit manifested by himself in tha.t respect, I desire to say to Mr. COCKRELL. Will the Senator permit me to ask him a ques- the Senator and to the country that this fact has in no sense influ- tion' eQced my action. I would do l>y him just. as I would do by the Sen- Mr. CONKLING. Yes, sir. ator from New York, or any Senator on this floor, or myself, because, Mr. COCKRELL. Would the Senator be willing, in such a case as if du1y elected, he had a right to be here, he had a right to have his the one he has been illustrating in Louisiana, the Legislature elect- rights respected in all respects and to the fullest measure, and I ing next winter a Senator to occupy the seat claimed by Mr. Pinch- would not want to mete to him any other. If his case was alone back, to vote to give him pay from the beginning of the term T Has here, I might have the same reluctance to ask to see the practice of that been the rnle of the Senate T the Senate changed now; but his case doea not stand here alone. Mr. CONKLING. Yes, sir; it has been. Here we have the case of a republican and a colored man on the one Mr. EATON. It never will be again, I hope. hand, and the Senate has also before it for consideration the case of Mr. COCKRELL. I want to know if the Senator would be willing a democrat and a white man on the other h3>nd; so that no invidious to adhere to that ru1e f I say for one that I would never sanction it discrimination need be made. if from the beginning of the Government it had been ado:t>ted at each Mr. MITCHELL. I would suggest to the Senator that the other session of every Congress. case is entirely different in regard to the length of the contest. Mr. CONKLING. If the Senator from Missouri has honored me Mr. MERRIMON. That is very true ; but the rule I insist upon can with his attention at all, I think he must have inferred something of be applied to the case of Sykes as well as to this case. Syk s uot an unreadiness on my part to vote for such a rule as that. I have having contested so long, of course the reasonable compensation to endeavored to make that ~anifest. I have been not arguing, for my him would not be so great. remarks do not rise to the height of an argument, but suggesting Mr. CONKLING. The Sykes case is not before the Senate. 1876. C0N(i1RESSIONAL RECORD-SENATE. 4391 Mr. MERRIMON. It is not before us now, but it will be, here for making a contest which a large minority of the Senate said he had our action. reasonable grounds for doing. Mr. CONKLING. It is not before us now. I shall, therefore, withon~ compromising my conscience in any Mr. l\1ERRIMON. Not at this moment, but we know that it will measure, vote for the substitute which I have offered; and I repeat be llefore us in the course of a day or two. again that I will make this rule apply, so far as I am concerned, uot Touching the force and effect of the practice, I wiijh to say a word. only to this contestant but in the Sykes case and in any case which The Congress _is not like a court; it is not ~ound by prE?cet.lents .li~e shall happen while I have the honor to hold a seat in this body. courts of justice. Every case stands upon Its own menta, and 1t l8 Mr. MORTON. I merely rose to express the hope that we may have competent for either branch of Congress to decide a question coming a vote. properly within its proper jurisdiction according to its special merits. The PRESIDING OFFICER, (Mr. DAVIS in the chair.) The ques- It is true that long practice will have some weight. tion is on the substitute oftered by the Senator from North Carolina, Mr. EATON. I would suggest to my friend from North Carolina, on which the yeaa and nays have been ordered. following out his present suggestion, that in one of. the ca.ses cited Mr. SAULSBURY. I shall vote for the substitute, and if it is by my friend from New York the vote stood 19 agamst 22, and he adopted afterward vote against the resolution as amended. says the strongest men in the Senate we1·e against the practice, thus Mr. McDONALD. I ask that the substitute be reported. showiilgwhat the Senator from North Carolina is now saying.. I de- The PRESIDING OFFICER. It will be reported. sire him to enlarge upon the fact that every ca.se st.ands upon-Its own The CHIEF CLERK. It is proposed t.o strike out all after the word basis. There is no general rule at all. '' rMolved" in the resolution reported by the committee and to in- Mr. MERRIMON. I venture this remark, Mr. President, and I do sert: not make it byway of reflection upon any party, that wherever those That the snm of $5,000 be allowed to P. B.S. Pinch back to pay the r838onable allowances were made the decision of the Senate was more or less in- expenses incurred by him as contestant for a seat in the Senate as a Senator from fluenced by political considerations, which in my judgment ought not the State of Louisiana.. to enter into an allowance of this sort. I believe this allowance should The Secretary proceeded to call the roll on the amendment. be made just like an allowance made for the services of a master by Mr. EATON, (when his name was called.) On all matters of a po- a court. litical character I am paired with my friend from Massachusetts, r. CONKLING. I beg to remind the Senator, if he will allow me [Mr. BOUTWELL.] This I deem to be somewhat a political question. a moment, that the case in 1853 arose when the Senate was largely This gives 5,000. I would not perhaps vote for it at all; but the democratic. If he will look at the vote-which I will remind the Senator from Massachusetts if present would vote "nay." Senator from Connecticut I did not fail to rea.a, and I stated that it Mr. KEY, (when his name was called.) On all political questions was 19 to 22-he will find as I read that Senators like Mr. Sumner, I am paired with the Senator from Illinois, [Mr. OGLESBY.] As this and Mr. Seward, and Mr. Ed ward Everett were found voting with seems to be considered one I shall not vote. If present he would democratic Senators in the majority. vote "nay," aJ¥1 I should vote "yea," on this amendment. Mr. HAMLIN. And Mr. Badger. The roll-call wa.s concluded. Mr. CONKLING. Mr. Badger also, I am reminded, who was from Mr. MERRIMON. I am paired with the Senator from Arkansas, the Senator's own State. He will find also in the negative the same [Mr. CLAYTON.] I take it he would vote against this ame)ldment, mixture of politics. The Senator suggested some time ago that most and I should vote for it. of these cases had arisen since the war. He moRt remember that Mr. MORTON. I suggest to the Senator to vote in order to insure since the war the Senate ha.s been republican in majority, but anterior a quorum. to the war when the Senate was all the time democratic, these cases Mr. MERRIMON. At the request of the Senator from Indiana, can be found bristling all along, not only this one in 1853 but several upon myundf\rstanding with the Senator from Arkansas, I vote "yea" others which I remember without looking to the record. . in order to insure the presence of a quorum. Mr. MORTON. I will state to the Senator that in the case of .Mr. PATTERSON. I am paired witl,l the Senator from Pennsyl- Stanton in 1861 the Senate was unanimous. vania, [Mr. WALLACE.] If present he would vote'' yea," and I should Mr. MERRIMON. I am not making a point against any party. I vote "nay." believe the practice, with all due respect, to be vicious. It is compe- The result was announced-yeas 10, nays 31 ; as follows ; tent for the Sena.te to correct it now, and it ought to be done at the YEAS-Messrs. Cockrell, Davis, .Tones"of Florida, Kelly, McCreery, McDonald, earliest moment. Speaking of the distinguished names read by the Merrimon, Norwood, Saulsbury, and Withers-10. Senator from New York a moment ago, when we come to remember NAYS-Messrs. .Alcorn, Allison, .Anthony, Bruce, Cameron of Wisconsin, Conk- them we can well see how they gave way. 'fhero was not a more ling, Cra~ Dawes, Dennis, Dorsey, Eumund.s, Ferry, Frelinghuysen, Hamlin, Harvey, generous heart in this world than that of George E. Badger. He Morrill of.tlitchcock, Howe, Ingalls, Logan, McMillan, 'Mitchell, Morrill of Maine, Vermont. Morton, Paddock, Sherman, Spencer, Wadleigh, West, Win- could scarcely refuse to give a man his pocket-book, as a pure matter dom, and Wright-31. of charity, if he a-sked him for it. We all know the character of Mr. ABSENT-Messrs. Barnum, Bayard, Bogy, Booth, Boutwell, Burn.side, Cameron Sumner and Mr. Seward. They were generous men. A man had sim- of Pennsylvania, Caperton, Christiancy, Clayton, Conover, Cooper, Eaton, Gold- ply to ask them for money and he got it. They gave way; that was Oglesby, Gordon, thwaite, Hamilton, Johnston, Jones of Nevada, Kernan, Key, Maxey, Patterson, Randolph, Ransom, lWbertson, Sargent, Sharon, Stevenson, their fault; they gave when they ought not to have given. Thurman, Wallace, and Whyte-32. The vote read by the Senator from New York shows that there was a great diversity of opinion and that opinion was about equally di- So the amendment wa.s rejected. vided on that subject ; but I need not go into that. The point I afu The PRESIDING OFFICER. The question recurs on the resolution. making is that these precedents are not binding on the Senate. While Mr. EDMUNDS. I am inclined to vote in favor of this resolution the Senate will pay respect to the practice observed in the past, it is because as far as I understand it the previous practice of the Senate not binding upon the Senate like decisions of a court. The Senate waiTants it, although I think that practice is founded on a wroug will decide every case upon its own merits. Nor would there be any principle. In order to dispose of the question if we may, I move to breach of good faith toward contestants in stopping this practice now. amend the resolution by adding to it the following as a guide in other We have Mr. Pinchback on the one hand and Mr. Sykes on the other. cases, which I believe to be the sound principle upon which we ought At the time they began their contests they had no shadow of right to to proceed: one dollar to pay them for the expenses incurred in the con test. There Resolved, That hereafter in cases of disputed claims to seats in the Senate no was no law allowing them any compensation. If there had been a law, other or greater allowance shall be made to a defeated claimant than in such case shall seem to the Senate just. this resolution would be unnecessary. The allowance that may be Resolved, That in no case shall any pay be allowed to a Senator to begin earlier made now or the allowance that may be made in any case rests en- than his election oc appointment. tirely in the discretion of the Senate. The Senate must say whether Mr. MITCHELL. I woqld favor that, as far as I am concerned, as there was reasonable ground for contest, and having decided that there an amendment provided it does not apply to cases now pending. I was reasonable ground for contest, (as I say there was in this case by do not know what was the intention of the Sena,tor in moving it. reason of the large minority vote in favor of the contestant,) then in Mr. EDMUNDS. It does not so apply by its terms. It is "here- tho next place it must decide what is reasonable compensation. I after in cases of disputed claims," cases hereafter arising. believe the sum which the substitute I have offered allows is ample Mr. MITCHELL. I should not be willing to vote for it if it ap- to cover the expenses reasonably incurred by this contestant. I give plied to a,ny cases now pending. him a thousand dollars a year to pay his expenses here and $2,000 to Mr. LOGAN. It is all right if you change the word "hereafter," pay his traveling expenses to and from New Orleans. It would more so as not to apply to cases now before the Senate. than pay his reasonable expenses; but if there was doubt upon that Mr. MORTON. It should read ''in cases hereafter arising." question I should not have a moment's hesitation about a reference Mr. EDMUNDS. I modify the amendment to meet the views of to a committee, aa suggested by the Senator from New York, in order the Senators, so as to read: to ascertain what were the reasonable exllenses. If I took the view Resolved, That in cases of disputed claims to seats in the Senate hereafter aris- some Senators do, that the Senate is bound by this vicious practice- ing, no other or greater allowance shall be made to a d!lfeated claimant than in and I do not men.n to be offensive to the pa.st or any person of the snch case shall seem to the Senate j nst. past-I should not hesitate to vote the appropriation; I should feel Resolved, That in no case shall any pay be a)l.owed to a, Senator to begin earlier bom1d to vote the appropriation; but I am not so bound. The Sen- than the date of his olection or appomtment. ate is not botmd by these precedents. This contestant lutd no shadow The PRESIDING OFFICER.. The qnestion is on the amendment of right at the time his contest began to be made to one dollar. What- of the Senator from Vermont, a.s modified 1 to the resolution of the ever he may get is a pure gratuity. It is the conscience of the Senate committee. . that moves the ~enate to allow him a reasonable compensation for Mr. EATON. I hope the· honorable Senator will not offe:r that as 4392 CONGRESSIONAL RECORD-SENATE. JULY 5, an amendment to the resolution. I am very willing and ready to vote because, they say, he was elected by a little Legislature which con- for the principle contained in the amendment of the Senator from vened in Alexandria, and which never did represent the sovereignty Vermont, but I cannot vote for it in co;nnection with this resolution. of the State of Virginia, and was not its valid and legal Legislature. I shall be very glad to have the Senate take action on the subject by I would recall to the recollection of Senators present the 'fact that a separate resolution, and not marry it to this matter. whatever circumstances may have surrounded the origin of that Legis- Mr. EDMUNDS. The Senator does not give any reason for that lature, whatever doubts might have arisen in themiudsof different en- opinion. ators as to the validity and legality of the body which claimed to repre- The amendment was agreed to. sent the sovereignty of the State of Virginia, and the executive which The PRESIDING OFFICER. The question rec111'8 upon the reso- did exercise actually all the powers of the governor of the State, the lution, as amended. recognition of that body by the legislative, executive, and judicial Mr. WITHERS. I move to strike out all after the word "Louisi- departments of the United States Government has precluded all fnr- ana" in the resolution reported from the committee and insert the ther question upon that point. I do not think it necessary to ~o be- following: hind the fact of this recognition in order to argue as to the validity That Francia W. Sykes, late contestant for a. aeat in the Senate from the State of of that Legislature. I need only mention the fa-ct that the pa-ssage Alabama, ancl that Joseph Segar, claiming to have been elected a Senator from the of the thirteenth amendment abolishing slavery throughout the broad State of Virginia, be aJlowed an amount equal to tbe compensation and mileage of limits of this nation owed its efficacy to the vote of that very Legis- a Senator from the beginning of the term for which they clrumed to have been lature which I have now alluded to; that the vote of the State of elected u-p to the period of tho adjudication of such claim by the adverse actio11. of Virginia as passed by its Legislature was absolutely and indispensa- the Senate. bly necessary to give validity to the thirteenth amendment abolish- Mr. EDMUNDS. Is that to strike out what has just been inserted ing slavery. There was the highest poss.ible exorcise of legislative on my motion! power; there, it seems to me, was the highest possible recognition of The PRESIDING OFFICER. The Chair underatands that it has the validity of the existence of that Legislature and that 'tate gov- been offered a-s an amendment to the resolution reported from the ernment. I think, therefore, it is too late now to raise this plea as a committee. bar to the claim of this poor, old, poverty-stricken gentleman, who Mr. WITHERS. It is an amendment to the resolution offered by comes and asks at your hands some small compensation which is due the committee. him under the laws of the lancl; and it is not only due to him legaU,v, Mr. MORTON. I hope the Senator from Virginia will not attempt but due to him in every moral and equitable a-spect that the case cau to encumber the resolution by that provision. As far as the Sykes present for our consideration. He was a Union man-intus et in cute. case is concerned, there is a resolution pending here in charge of the From the very beginnin~ of the struggle between the two sections Senator from Tennessee [Mr. COOPER] which tho Senate will consider of this country he took hl8 stand on the side of the Union, and he was at any time, I have no doubt, that he asks it. As far as Segar's case loyal to the flag from the beginning to the end of it. What have is concerned, it is not before the committee at all and I do1 not know been the consequences to him individually! His loyalty and hiecause the resolution it.self is predicated upon the assumption that shire, who has it in charge. I did not intend in what I said before, the uniform practice of the Senate in paying those who appear before and do not intend in what I say now, by any means, to reflect on the them as claimants to seats within this body has been so invariably fairness of the Senator who has the matter in charge, nor of the com- followed that it should be adhered to in the case of Mr. Pinchback. mittee, which of course could not act upon it until it was reported If that be good logic and sound reasoning, ft seems to me that it is back by the subcommittee to whom it was referred. But I think that eminently right and proper that another case which stands precisely Mr. Segar a.nd those who represent him on this floor had a right to upon the same ground, so far as regards certainly the prim,a facie right, assume that it was designed by the Senate that no report should be should stand upon the same footing also. I see no incongruity or im- made on his case inasmuch as it had been so long in the hands of the propriety whatever in incorporating it in the same resolution. committee, he himself never being cognizant of all the facts in t.he Mr. CONKLING. Will the Senator indulge me a moment 1 case, and had not been reported by that committee. It seems to me a Mr. WITHERS. Certainly. ~ood time to ingraft his case upon that of the claim from Louisiana Mr. CONKLING. The distinction which I see between the pend- m order that the Senate may indicate very clearly its purpose of car- ing resolution and that case is this: The case of Mr. Segar ha-.s never rying out what has been the uniform practice of the Senate in the been examined by a committee andreported upon. Itmayha.ve been case of all other applicants. For that purpose I desire to have it put -examined but no report has been made. I know the reverse is true upon the resolution. I see no greater impropriety in investigating of Mr. Sykes's case. It seems there has been a report in that case, and the facts connected with his election than I have seen in the investi- I have heard that report indorsed by Senators here in such wise as gation of the facts which every member thoroughly made as to the leads me to suppose there was no objection to it in committee. There- circumstances connected with the election of the claimant from Lou- fore if the Senator would offer his amendment to apply to the case of isiana. I see no reason why all the facts which bear upon the case Sykes alone, it might be sustained~ but when he proposes an amend- should not be elicited now under the operation of the amendment ment in a case which has never been examined by a committee, which which I have suggested, and why a vote should not be had upon it has not received the report of a c.ommittee, he must see I think that just as well as if it were reported from the committee. I know that he requires me and other Senators as little instructed as I am to go both parties, democratic and republican, at the time it was introduced Ta.tber blindfold in voting upon a case of which I have no knowledge as in the Forty-third Congress gave the claim the cold shoulder. They a. Senator in the ordinary course of business, because it has not been did not pretend to look into the merits of the case or investigate it in "Considered before, and ofwhich I have no advice from a committee be- any respect, but merely a,ssuming that the Legislature that professed ~a.use no report bas been made. to elect him had no legal existence, they whistled his case down the Therefore I suggest to the Senator that if he adheres to his amend- wind and left poor old Mr. Se~ar a prey to misfortune. ment he had better confine it to Mr. Sykes. Whether after what I Mr. SARGENT. If a committee of this body upon an examination have heard from the Committee on Privileges and Elections there of the facts shall report that Mr. Segar is entitled a.t our hands justly ·wm be objection to that, I do not know, but I infer not. Certainly to a sum of money I will give that report respectful consideration, and as to Segar it rests upon a different foundation. if satisfiedthatitis correct will vot~themoney, but upon no other terms. Mr. MORTON. I hope the amendment will be withdrawn. I certainly would not vote for a proposition to make it a rider on the Mr. WITHERS. I appeal to Senators. I want to make a remark Pinchback matter, and it seems to me stmnge that my friend from or two in reply, but I will yield to the Senator from Indiana if he Virginia, ordinarily discreet as he is, should require a black horse to wishes to say a word. get bis white horse through the race. · . Mr. MORTON . .As to whether Mr. Segar ever presented his cre- I know something with reference to the Segar case. I had heard dentials here the committee has no knowledge. I have none. It is for a number of yea.rs past that there was some claim of Joseph Segar only a. matter of rumor. It is a matter that ought to be examined by for remuneration by Congress and it sounded familiar to me, and yet getting at the facts and reporting upon them. The Senator from it may be that any impression which•now rests in my mind from that New Hampshire a year or two ago said he had no evidence of such a suat-ement may do him injustice, and that Mr. Segar may have a per- fact. From what was said by the Senator from Virginia, I think fectly proper claim. I remember that Mr. Segar was in the Thirty- the subject ought to be examined and reported upon. I hope there seventh Congress, which was almost entirely a republican Congress. will be no attempt to delay the passage of this resolution by putting I was a member of it and with the majority, an enormous majority a. matter of this kind upon it. responsible for what happened. Mr. Segar came claiming to repre- Mr. WITHERS. There is a good deal in the su~gestion made by sent a constituency somewhere in Virginia; some dozen or two per- the Senator from New York and also in the sug~.estlon made by some sons from the evidence taken had voted for him and elected him to other Senators on the floor with re(J"ard especially to the case of Mr. the House. Finally he was allowed to come in, although he was a Sykes as to the fact that his case has been consiclered and reported volunteer candidate. He came in simply because nobody else ran upon by the committee and is in charge of a Senator of this body, a,s and nobody else thought there would be a chance to come in. My I run informed. My limited experience here bas caused me perhaps recollection of that is not clear, but I fJlink that subsequently he was to be guilty of a slight discourtesy toward the Senator who has it in not allowed to come in and there was some sum of money paid fo:r obarge by moving without his assent the amendment so far a,s it re- him on this second arrangement of the matter, from 3,000 to 9,000, lates to Sykes. Therefore I withdraw that portion of the amend- I forget which. .At any rate a very substantial sum of money waa ment which relates to the claim of Mr. Sykes. paid to Mr. Joseph Segar. Mr. MITCHELL. The Senator means the claim of Mr. Segar, I It seems, then, there was an opening, it being in some sort an in- suppose. choate State, to get into the Senate of the United States. This is the Mr. WITHERS. If 1\fr. Sykes's claim is in the hands of a member last part of the matter, the third act of the drama, which I should of the Senate, reported from the committee, then I allude to that. like to understand before I can vote understandingly for this meas- case ; not otherwise. ure. It is barely probable that it was a proper Legislature; it is Mr. LOGAN. I want to say, if the Senator from Virginia will barely probable that aft.er the State of West Virginia was organized allow me, being a member of the Committee on Privileges and Elec- there was enough of what might be called loyal counties of old Vir- tions, that I certa.i.nly have no knowledge of this Segar claim, ex- . ginia left to organize them into a species of volunteer government cept such knowledge as we gain merely lly rumor. I have no right and to claim to have a Legislature, a governor, &c., with power to to question what be says about it and allout its being in the hands of elect a Senator in Congress, and that we ought to recognize the claim the committee, but it certainly ought to be reported on to the Senate so set up. I do not desire to prejudice that matter, but, a-.s I under- so that the facts may be had. I did not know beforo that the Scm- stand it at present, I am not disposed to assent to it. I understand ator from New Hampshire had charge of the case. Certainly it was Mr. Segar t.ook the place of a Senator-elect for the State of Virginia. • 4394 CONGRESSIONAL RECORD-SENATE. JULY 5, -who died. This government sprang up in revolutionary times· it had Mr. DAWES. The question about his claim to a seat in tho Senat~, a meager constituency, and two men claimed to represent the old State according to my recollection, was this: There wn a Le~islature that of Virginia. When one of those died an effort was made to put Segar purported to be the Legislature of Virginia which held 1ts sessions in in his place1 and tho claim was that the Senate of the United States Alexandria. That Legislature, a.s I have said, was recognized by should receive him. The Senate did not seat him. The claim may every department of the Government of the United States. Its acts be good, but it will require a careful report of a committee, well for- were treated as the legal acts of the State of Virginia, a.nd the most tified by facts, before I can assent to it, especially as I am not dis- important of them all which gave the a-ssent of Virginia to the erec- posed to give money from the Treasury of the United States to a man tion of a new State within its limits, without which the whole pro- simply because he is old and poo.r. It is a circumstance we could cer- ceeding crea.ting the State of West Virginia would have b~en uncon- tainly argue more cases on, and subsequently we shall be asked to stitutional. There was a.ccording to my recollection-older Senators pa.y a large amount of money ; and it looks very much like a habit here may correct me-a Senator elected by that Legislature and ad- or a system of making claims of this kind, which leads me inn. new mitted to a seat by the Senate who died here. He died, I think, of one to be particularly scrutinous. the small-pox in this city, and to fill his place, unless I am mistaken, I do not Wafi:t to speak in any spirit of unkindness toward Mr. Se- Mr. Segar wa.s elected by the same Legislature that elected the ma.u gar. As far as I remember him he was rather an agreeable old gen- who died. tleman in those times. But [ say we ought not, unless there is good I want to give Mr. Segar something. I always voted a.gainst his cau e for it, to vote money out of the Treasury; and certainly 1t is right to a seat in the House because I did not quite agree with the r:tther an inauspicious time to require a resolution in favor of a black policy that prevailed at that time. It had all passed out of my lnind horse to carry a white one. until brought up here by the Senator from Virginia. If ho were Mr. WITHERS. That is only an indication that the bottom rail elected by that Alexandria Legislature, I do not think that the Sen- has got on top. I want to see that my friend did not misunderstand ate can a.fford to go back upon its record by saying that at least it me, for I hope I did not so badly express myself as to give legitimate had not any such legal existence as could send a memberof this body ground for assuming that I had predicated this claim for Segar on here. After that, I hope the Senator. from Virginia will hold on to the ground that he was old and poor. I claim it on the ground ·that the na.me of Joseph Sega.r. It may be propel' to withdraw it from he was elected by a Legislature and his credentials were signed by a this resolution, but I hope he will not lose sight of it until that old governor who by the official action of the United States in all its gentleman receives compensation, who, as he says-and I happen to departments had been recognized as the legitimate Legislature and know that whn.t the Senator from 'Virginia says is true-sacrificed the legitimate governor of Virginia. I clarm it on th!llt ground. I everything to the cause of the Union when his State waR strongly presume that that recop1ition, I will say here, would have precluded against it. any necessity for going behind it to investigate the polls to ascertain Mr. WITHERS. I wish to make a correction, before the vote is how many votes were cast in favor of any single member of that tn.ken on this question, of a statement which I made. It is this: tha.t Legislature, or of how many members it was composed, or anything the Legislature which elected Mr. Segar did not themselves pa s upon of that sort. The fact that it had been recognized by all the deplll1i- the ordinance of secession, but that thn.t Legislature called the con- ruents of Government as a legal Legislature of Virginia, it seemed to vention which did act upon it; and of course if the Legislature wa.s me, settles all that question, and the Senate would not desire and we illegal the convention was not legal a.t all. had no right to go behind their action in the premises. Mr. MORTON. I rise to ask for a vote. It is getting late and I I think the argument I urged in behalf of the claim I presented hope the friends of the resolution at least will not prevent a vote may not properly be regarded as having no foundation further than from being tq,ken. that the applicant was an old and a poor man. I adduced these cir- Mr. SPENCER. I move to strike all out after the word "Louisi- cumstances merely to show (and I think it was a perfectly legitimate ana" and insert : deduction from them) that it is a case where there was a legal right of And Francis W. Sykes, late a contestant for a seat in the Senate as a Senator which the applicant had been denied, and in consequence of that de- from the State of Alabama, be each allowed an amount equal to the pay and mile- nial be had been reduced to very low means, if not entirely to pov- age of a. Senator from the beginning of the term for which they wero respectively erty, and that his age precluded him now from doing much in his own contestantR up to the period of the determination of the respective contesta by the behalf; and these facts rendered the case still stronger why his claim Senate. sbonldreceive the favorable or just consideration at least of the Sen- Mr. EDMUNDS. Does that strike out the part adopted a-san runend- ate of the United States. mentT Mr. MORTON. I simply rise to express the hope that the friends Mr. MITCHELL. I rise to a point of order. There is already an of the original resolution will a.llow the vote to be taken. If the Sen- a.mendment pending to insert words at the very same place offered ator from Virginia does not choose to withdraw his amendment, let by the Senator from Virginia. the vote be taken upon that. The PRESIDENT pro tempore. The Chair sustains the point of Mr. DAWES. I will detain the Seno.te but a moment. I do not order. This is not an amendment to the amendment of the Senator know that theSenatorfrom California spoke of Se~ar's case accurately. from Virginia. The question is on the amendment of the Senator I was upon the House Committee of Elections, wh1ch had the examina- from Virginia. The Senator from Alabama does not propose this as tion of 1\Ir. Segar's case each time it came before them. My memory is an a.mendment to that amendment. not very accurate, but the first time he came into the House he occupied Mr. SPENCER. I supposed the Senator from Virginia had with- a seat about six months. After this, upon a report of the Committee drawn his amendment. of Elections, he retired from the Honse. The next time he was ad- Mr. WITHERS. The Senator is correct. I had withdrawn one mitted by the House, according to my recollection, against the report portion of it, the portion which related to the claim of Mr. Sykes. I of the Committee of Elections, and he was compensated in this way did so at the suggestion that it was in the hands of another Senator for his contest on the occasion when he was unsuccessful. Of course here and had been reported by the committee, and that it would be when he was admitted there was no occasion for voting compensa- discourteous for a different Senator to present it in this way. tion. The PRESIDENT pro ternpore. The amendment of the Senator frou1 Mr. SARGENT. Will the Senator allow me to ask him in what Virginia, as modified, is pending. This proposition of the Senator from Congress did he sit and was rejected f Was that in the Thirty-seventh Alabama is not an amendment to tha.t amendment, as the Chair un- or Thirty-sixth Congress f derstands. ·· l\Ir. DAWES. It was at the beginning of the war that he first Mr. SPENCER. I will move it as an amendment to the amend- came in. ment, then. Mr. SARGENT. The Thirty-seventh Congress! The PRESIDENT pro tempore. That will be in order. Mr. DAWES. I clo not know which Congress it was by number. Mr. ALCORN. Mr. President, the debate has disclosed the fact, aa It may have been the Thirty-seventh. At that Congress he was re- in truth it exists, that there is no precedent attaching to the Senate jected, after having occupied the seat about six months. At tho next which should govern the vote of any Senator upon this .floor, a.nd I Congress he came and was ~dmitted, according to my recollection, rise to state the grounds upon which I base my support of there o- against the report of the committee. At that time iff was the policy lution to pay Mr. Pinchback. My vote depends on the fact that I be- in the other branch, which-if I may be allowed to alludetowho.t oc- lieve he was entitled to a seat in this body for the time mentioned in curred at this end of the Capitol-governed this branch as well, to the resolution. As he held in his hands credentials from the governor admit to representation any portion of the States that were in rebell- of Louisiana properly signed, I thought he was entitled to be ad- ion as fast as the Army wrested them from the rebellion; and so men lnitted upon his prima facie ca e, after the Senate bad recognized the were hurried in. It was supposed that it contributed largely to the governor of that State, and after the exe~ntive and judicial depart- re-establishment of the Government in those States. Mr. Segar was ments of the nation had recognized the governor of the State of Lou- compensated for tho unsuccessful contest by having his claim put into isiana. The Senate, however, decided that be was not so entitled. a resolution with five others, six of them in all, and they were allowed I vote for his payment because I believe he was entitled to his Sllat 3,000 apiece for their expenses. and is entitled to his compensation. In any other case ari ing here Mr. SARGENT. There were three of them. I should exercise my judgment as to the justice of the claim and Mr. DAWES. There we1·e six, I think. wonld stand ready to vote just such compensation as I lleliovod to be Mr. SARGENT. John Kline, Joseph Segar, and John l\I. Butler, as proper upon the merits of the particular ca e presented for action. shown by tho Journal. There is, in my judgment, no precedent that should govern or con- Mr. DAWES. I know there was a r olution cmbraciug six, and I trol the vote of any Senator. Precc louts may attach as t o forms, and thought his na.me was in that. It was 3,000 apiece, was it not Y they apply properly only to forms ; they do not apply to su llst.ance Mr. SARGENT. Yes, sir. when cases are before Congress which involve matters of substance. I876. CONGRESSIONAL RECORD-SENATE. 4395 I follow precedents in matters of form; but in matters of substance the benefits of our legislation ; the Legislatures were recognized by touching the revenues of the country, I follow the suggestions of my every department of the Government of the United States; but we own judgment and vote according to the dictates of my own con- stood outside and had no voice in this body or in the other House ; science. That is the rule that I adopt for myself, a.nd it is the rule and I say that every principle of justice, equity, and good conscience that I have acted upon and shall continue to act upon. demands that we should be paid. Certainly we should be paid if Mr. Now, with regard to the action of Senators, while I would not be Segar's case is to be considered and he is to be paid. He has no bet- willing to use any term of reproach to any Senator who sees proper ter title to his pay than the rest of ns. to apply for a compensation which he never wa-s entitled to, to apply I have said more, Mr. President, than I intended to say when Irose, for payment for a term of service when he was not present and that and therefore I shall not occupy more time. did not belong to him, yet I should feel that if it was my case I was Mr. MITCHELL. It is getting very late now and very warm. This subject to the reproach of my constituents if I should claim and re- matter has been discussed for sevwal days, and I hope we shall have ceive compensation from the Government for services that were not a succession of votes until we close it out. performed by me. And, sir, to show practically my judgment in this The PRESIDENT p1·o tempore. The Senator from Alabama [Mr. matter, I may state that I did not take my seat for ten or twelve SPENCER] moves to amend the amendment of the Senator from Vir- months after I was elected to the Senate. There wa-s no one disputing ginia, [Mr. WITHERS.] The Secretary will now read it as proposed. - my place; there wa-s no one disputing my title to the seat. When I The CHIEF CLERK. The amemlment of the Senator from Virginia came here I did as I held an honest man should do, and as I hold to- [:Mr. WITHERS] is to strike out all after the word "Louisiana" in the day an honest man should do; I took compensation from the day that resolution reported by the Committee on Privileges and Elections, I was sworn in to discharge the duties of a Senator, and no lon(J'er, and to insert: · and I would not receive from the Government compensation for that And that Joseph Segar, claiming to have been elected a Senator from the Statoof period of time that I chose to absent myself from the Senate after I Virginia., be allowed an amount equal to the compensation and mileage of a Senator ha-d been elected a Senator. from the beginning of the term for which he claimed to have been elected up to the period of the adjudication of such cla.im by the adverse action of the Senato. Now, one word with regard to the case of Mr. Segar. I wish Sen- ators to understand that when Mr. Segar's case came before the com- It is proposed to amend the part just read by striking out a.ll after mittee for investigation, the principle there set up in his behalf in- the word " that" and inserting : volved a class of ca-ses that belong to the Southern States. How was Francis W. Sykes, late a contestant for a seat in the Senate as a Senator from the it with regard to the State that I have the honor in part to represent State <'f Alabama, be eaoh allowed an amount equal to the pay and mileage of a Sen- ator from the beginning of the term for which they were re$pectively contestants to-day! Under the proclamation of the President in 1865 the provis- up to the period of the determination of the respective contests by the Senato. ional governor of Mississippi called a convention of the people. That convention amended the constitution. That amendment struck down, Mr. SARGENT. The question I believe is on the amendment offered so far as the State of Mississippi was concerned, the institution of by the Senator from Virginia. slavery, for that convention declared that slavery should no longer The PRESIDENT pro tempore. On the amendment of the Senator exist in Mississippi. The Legislature followed upon the heels of that from Alabama to the amendment of the Senator from Virginia. convention, and that Legislature ratified an amendment to the Con- Mr. SARGENT. I wish to say one word in reference to the portion stitution abolishing slavery in the United States, and that Legislature of the amendment offered by the Sena.tor from Virginia. When this elected two Senators to the Congress of the United States under the matter of Segar was brought to the a.ttention of the Senate, the Sen- proclamation of the President-a Legislature recognized by this Gov- ator from Ohio, [Mr. THURMAN, 1 a.s shown by the debates, moved "to ernment. refer that thing" totheCommitteeon Privileges and Elections. Hi~ Those two Sen a tors stood outside your door for a long twelvemonth of attention being called to the fact that he was not treating the peti- time, were refused admission, and up to this good hour have received tion with sufficient respect, he expressed the apprehension that he was no compensation for their services. That was the precedent then ; treating it with too much respect. The petition~ however, was received, and yet Senators to-day tell us that always, invariably that when as all petitions are received whieh are respectful in terms, and referred gentlemen have been elected to this body they have been paid a com- to the committee. I am sorry that the Senator from Ohio is not here pensation for their time. There was no fourteenth amendment then. to give us his views on this matter. But in my reading of the laws of We were here. I speak knowingly upon the subject for I was one of Congress passed at variQus times for the benefit of Mr. Segar it seems that class of Senn.tors who stood outside this door and asked to be to me that Congress hM been very generous to him. Certainly the admitted upon the credentials which we held in our hands. I held up House of Representatives has been. The House of Representatives, to the Senate the action of that Legislature. I said: "Here is the in opposition to its Committee of Elections, gave him his seat dtll'ing adoption of the amendment to the Constitution by the Legislature one entire Congress. Of course he received the pay of the station. that elected me to the Senate. You hold good the action of that During another Congress it received him and paid him, when it was Legislature in adopting the amendment to the Constitution of the decided by both the committee and the House that he was not enti- United States abolishing slavery. How then can you disregard the tled to his seat, the sum of 3,000. And on page 670 of the seven- action of that Legislature when it comes to the question of electing teenth volume of the Statutes I :find that Congress made him compen- a Senator to the Congress of the United States'" But while I stood sation to the extent of 15,000 besides what had already been paid to here with Mr. Segar and others outside asking to be admitted, a gen- him on another account, just probably, but certainly showing that tleman in the other branch of the Congress of the United States in- there has been no disposition to treat him unjustly 'lJld unfairly. It troduced a resolution that struck us full in the face. Mr. HALE, if I was enn,cted : remember aright, introduced a resolution in about these words : "Re- That the Secretary of the Treasury be, and he is hereby, directed and r(IQ_uired solved, that treason is a crime, and that rebels deserve to be pun- to pay to Joseph Segar, of Virginia, out of any money in the Treasury not other- wise appropriated, the sum of $15,000, the same bein~ the balance still due him, ished;:' a.nd that resolution pa..~ed the House of Representatives by a.fl6r fleducting what he has heretofore received, for the use and occupation of his a unanimous vote, our democra.tic friends voting to adopt that reso- farm in EHza~eth City CoUllty, virginia, by the Army f the United States during lution. Not one dissenting vote in the House of Representa.tives the late rebellion. could be found on that occasion to strike down or resist that resolu- I think this justifies the statement that I made that Congress has tion. We were threatened with prosecution here for treason rather dealt very generously with him, and it is nearly time that we begin to than that we should be admitted to seats in the Senate of the United be quite just, because these things go along from time to time a.nd al- States; and when that resolution wa.s adopted I felt very much in- ways at last Mr. Segar triumphantly prevails and puts money in his clined to go home even without cpmpensation. purse. I am opposed to this proposition being fastened on the re- But to-day, if Mr. Segar and other gentlemen of his class are to be port of the committee, and if it is I sha.ll vote against the whole meas- paid, I claim that the Senators from the State of Mississippi, and the ure. Senators from the State of Alabama, and the Senators from the State Mr. MORTON. The Segar matter is in the hands of the committee. of South Carolina, and the Senators from all the Southern States whose The Senate is not prepared to a{lt upon it. The Sykes matter is in Legisla.tures had voted to adopt the amendment to the Constitution the hands of a Senator who will no doubt take occa-sion to present it striking down slavery, the benefits of which accrued to the Consti- at a proper time. It has no connection with the Pinchba.ck matter. tution and made good the thirteenth amendmentt should be entitled I hope we shall vote these amendments down and adopt the resolution. to compensation; and I ask the committee that snail be empowered Mr. WITHERS. In view of the expression of opinion on the part to investigate Mr. Segar's case to refer to the :files and :find there the of so many Senators of a determination to oppose this amendment credentials of each and every Senator from the Southern States who because it ha.s not been reported on by the committee I will with- held the SaJ?e ground that he did, and although they may not show draw it. that they d1d suffer so much for the Union, they could, each and every The PRESIDENT pro tentpm·e. The amendment of the Senator one of them if alive to-day, I presume, show that they did sufl"er from Virginia is withdrawn. terrible penalties on account of disunion. I know that I coulrl make Mr. SPENCER. Now I offer my amendment as an amendment to some proof in that direction, and I would claim, if the sympathies of the original resolution~ The proposition has been reported by the the Senate were to have a.nything to do with it, that we were entitled Committee on Privileges and Elections. to come in for a sha.re of the sympathies of the Senate of the United The PRESIDENT pro tempore. The Senator from Abbama proposes States in voting us compensation. an amendment to the resolution, which will be read. I believe in truth however, to be serious, Mr. President, that we The CHIEF CLERK. It is proposed to strike out all of the resolu- were entitled to compensation. I believe that the Senators who stood tion reported by the committee after the word "Louisiana." and to here at that time were entitled to be paid, and the same rule that ap- insert: plied here should attach to the members of the House of Represent- .And Francis W. Sykes, la.to a contestant for a seat iu the Senate as a Senator atives. You collected your taxes; we paid our revenues; you had from the State of .Alabama, b e each allowed an amount equal to the pay and mile· • "4396 CONGRESSIONAL RECORD-SENATE. JULY 5, age of a Senator from the beginning of tho term for which they were respectively neglect in prosecuting their claim. I have waited for this opportu- contestants up to the period of the determination of the respective contests by the nity. The term here referred to expired on the 4th of March, 1873 Senate. at the time you now take up the claim of Mr. Pinchback; and could Mr. ANTHONY. I understand that the case of Mr. Sykes has been there be a more opportune moment to settle the whole matter than reported favorably from the committee. now and on this occasion, especially as the Senate has done this in Several SENATORS. Certainly. the case of Mr. Sykes Y These are the disputed caMes from Louisiana. Mr. McMILLAN. Does that affect the amendment offered by the There i~ no dispute about the facts of the claim of these two gentle- Senator from Vermont, [Mr. EDMUNDST] men, and I deem it nothing more than right that their claim should The PRESIDENT p1·otempore. No; that was adopted. be considered now. If the Senate choose to vote it down, I cannot Mr. CONKLING. Thi5 comes in before that; and then that applies help that. It is my duty to those gentlemen to prefer their claim to cases arising hereafter. now. The PRESIDENT pro tempore. The question is on the amendment Mr. MORTON. I hope the amendment will be voted down. It is of the Senator from Alabama to the resolution. obvious that if the resolution be loaded in this way it will be lost. I Mr. SAULSBURY. I shall vote against the amendment. I shall trust the amendment will be voted down here and come up in proper not vote for the resolution with the amendment added. If the Senate shape hereafter. see proper to a-dopt the amendment, they may do so ; but for myself, Mr. EDMUNDS. The observations of the Senator from Louisiana I Rhall not be betrayed into a vote for the claim of Pinchback which have thrown some light on this thing; for it appears that at a cer- I helieve to be illegal, which I believe ought not to pass. This claim tain date the Committee on Privileges. and EJections, in respect to of Sykes has been before the Senate heretofore, and it has been dis- this Louisiana business, did report about Ray and McMillen that cussed. A re~;olution was offered by the late Senator from Mary land neither was entitled to the seat, but that each claimed in good faith, [1\Ir. Hamilton] which met with but little favor at that time. Sug- and the state of political affairs there was such that tho committee gestions were made that the amount was entirely too large, that Mr. did not think either ought to be admitted; and so they say: Sykes ought to exhibit an account of his expenditures, and that By analogy to the precedents of tho Senate, your committee are of opinion that amount, it was said, would be allowed. That was the way his claim both Ra.y and McMillen would be entitled to the salaTy of a Senator from the time was treated then. Now, when a great WTong to the public Treasury of their election until the disposition of their claims respectively by the Senate; is to be perpetrat6d by paying out some 20,000 to Pinchback, it is but re~rardin~ tbis precedent as vicious, your committee recommend the adoption of tho followmg resolution : ' proposed to add, as a sweetenin~ to the dose, an allowance to Mr. Resolved, That the actual expenses necessarily incurred by .Tohn Ray and Will- Sykes, who heretofore has asked m vain for an allowance. iam L. McMillen, claimants to a seat in the Senate from t.he State of LOuisiana, in Mr. MITCHELL. That was all before the report of the commit- the Forty-second Congress, in presenting their respective claims to a scat in the tee. Senate, be paid out of the contingent fund of the Senate; which expenses shall be presented itemized and verified by tho oath of the said Ray and McMillen respect- Mr. SAULSBURY. I will vote against the resolution, whether it Ively, and the amounts shall be audited by the Committee to Audit and Control includes Mr. Segar or Mr. Sykes or anybody effie. the Contingent Expenses of the Senate. The PRESIDENT pro tempore. The question is on the amendment There you have a report of the Committee on Privileges and Elec- of the Senator from Alabama, [Mr. SPENCER.] tions upon the claim of two gentlemen to seats that would have been The amendment was agreed to. valid if the respective Legislatures that elected them hacl been valid. Mr. WEST. I offer the following amendment: Mr. CONKLING. When was that report made Y .Also, that William L. McMillen and .Tohn Ra.y, contestants for the seat vacated Mr. EDMUNDS. I was endeavoring to ascertain myself, but from • by tho resignation of William Pitt Kellogg, a Senator from Louisiana, bo each a.l- this extract from it before me I am not able to tell. It was I suppose, lowed pay and miloage as Senators for the unexpired term named. when Mr. Carpenter, from the Committee on Privileges and Elections, I will state that these two gentlemen made their appearance as reported on the subject of this political trouble in the State of Louisi- claimants for the seat commencing in December, 1872, and expiring a.na about the rights of these two gentlemen to seats. It preceded on the 4th of March, 1873, vacated by William P. Kellogg by resigna- the matter of Mr. Pinchback. It preceded, I think, the matter of tion. Their claim for compensation was submitted to the Committee Mr. Sykes and of Mr. SPENCER. on Privileges and EJections, and reported upon favorably; I hold the Mr. CONKLING. By ''the matter" do you mean the election f report in my hand. While settling these questions of contested elec- Mr. EDMUNDS. I mean the question that arose, the discussion in tions it is eminently proper that the Senate should ta.ke the oppor- the Senate. tunity to pay persons elected as Senators whose claim preceded · that Mr. CONKIJING. It did not precede Pinchback's election! of the ones now submitted. Mr. EDMUNDS. No; because he was elected for the long term at . Mr. ANTHONY. Does the Senator say that both 'Yere reported the same time that these two contestants were elected for the short favorably! term. The Sykes report was made, I am informed by our always Mr. WEST. Both reported favorably. correct Chief Clerk, on the 20th of April, 1874. This must have been Mr. ANTHONY. Both claiming the same seat T earlier. It brings us to this point, that before the contest of Mr. Mr. WEST. Yes, sir. This is the report on their claim for com- Pinchback and before the Sykes contest, the proper committee of this pensation made by Mr. Carpenter: body on a case that in its essential principles appears to have stood The committee reported against seating either of them, but both had incw:red on the same grounds, that is, a dispute as to the political character expenses in the prosecution of their claims. or being of the body that purported to elect, recommended, and for By analogy to the precedents of the Senate, your committee are of opinion that aught that appears unanimously, that the idea of paying a man who both Ra.y and McMillen would be entitled to the salary of a Senator from the time was not a Senator as if he had been per se was vicious, and that what of their election until the disposition of their claims respectively by the Senate. ought to be done was particul~r justice on the particular circum- Then the report goes on to say that they regard that proposition as stances of each case, depending upon the degree of doubt and the vicious and claim an i~mized account. This is now three and a half good faith of the claimant, I suppose, and all that. yeaisago, and whatever items they may have had in their possession This report having been made before the Pinch back and before the at that time I doubt if they have them now. This is a proposition in Sykes contest, the question with me is whether that was not a kind a-ccordance with the recommendationmade bythe committee that they of public caveat which should have informed Sykes and Pinchback should both be paid, and gives them about 1,800 apiece. They both both that their contest if it resulted unfavorably would not nece sa- attended here during that whole winter presenting their own case, rily be followed on principles of good faith by the Senate with the and their expenses were necessarily heavy. same payment that they would have received if they had performed Mr. McDONALD. I desire to ask the Senator from Louisiana if (luty as Senators, but would be followed by giving to each of them, one of those parties did not voluntarily withtlraw his credentials 1 if t.heir contest was in good faith, what the particular circumstances Mr. WEST. One of these gentlemen withdrew his credentials for of the case required. This report from this same committee upon the seat claimed by Mr. Pinchback after the 4th of March, 1873, but these two cases that embraced both sides of the political question never withdrew his credentials as a claimant for the other scat. rather convinces me that we are perhaps taking too fast a step by There are two different terms entirely. There is no proposition to voting to pay either Sykes or Pinch back any such amount as is here pay Mr. McMillen for the term that Mr. Pinchback claimed. proposed. Mr. McDONALD. He may possibly get into that other seat yet. Mr. CONKLING. That report was not acted on. [Laughter.]· Mr. EDMUNDS. No; it was not acted upon. I only say the most Mr. WEST. "Sufficient unto the day is the evil thereof." We can that could be made of it was that it waa a kind of public notice that meet that when it comes. the Senate, at least, held in reserve the question whether we should Mr. SHERMAN. Allow me to make a suggestion. It is now nearly be bound to pay compenstion as such to a persen who wa.s not ad- five o'clock. I assure the Senator that if he introduces two otbernew mitted. ·topics I shall, in order to satisfy my conscience, want to know some- Mr. MERRIMON. I am glad that the Senator from Vermont has thing more aboutthe cases. I thought Mr. McMillen, whom I know brought this report to the attention of the Senate. It goes exactly personally, had withdrawn, left here, abandoned his case. We are on the line of action I have been advocating all day, and I believo all tired out with this Pinchback case. · justice to the parties interested and to the country particularly re- Mr. WEST. Well, Mr. President, there is nobody more tired of it quires that these parties should L1ave their reasonable expenses pold than I have been; but I am not hero aclvocttting any claim~> of any :mil no more. I move to refer tho resolution aml tho amendmcn ~s t!() individual on personal grounds. What the Senator says about Mr. the Committee on Privileges and Elections, with instructions to n.sc r- McMillen having withdrawn his claim is correct, hut that applies tain what would be a reasonable allowance for the actual expenses of to an entirely different term. I am in receipt const-antly of let- these several contestants, and to report as they may deem proper. ters from both these gentlemen somewhat reproaching mo for my The PRESIDENT pro tempore. The Senator from North Carolina • .I 1876. CONGRESSIONA:Y ..RECORD-SENATE. 4397 moves a recommittal of the resolution to the Committee on Privileges claim has precedence at all, it is the claim of those Senators that and Elections, with instructions. came here anterior to Mr. PinchJ?ack and who had the same ground Mr. LOGAN. I do not know, and have no right to say, that therEr for making it that he had. Their cases had been submitted to the is a way of killing a thing without attacking it; but I have seen committee, and the committee determined that they had the ri~ht to such things done. Now, if there is a disposition in the Senate to vote be paid, but suggested a different method of payment, a method. that down the resolution, there ought to be nerve enough in the Senators has been rejected in this very case by a vote of the Senate alrendy. to vote ag:llnst it squarely. The resolution in favor of Mr. Pinchback The rule is to be applied hereafter, and if you wish to do justice .to ought not to be made to carry through every doubtful claim or ques- all the claimants in Louisiana, take them all at once, and, as Benja- tion that there is before the Senate. min Franklin said, say grace over the whole harrel of pork and be I think the motion of the Senator from North Carolina is not the done with it. proper motion. If he desires to refer this report in reference to Mr. Mr. MITCHELL. This report was not made at this Congress, what- Ray and Mr. McMillen back to the committee to ascertain what their ever it amounts to ; but it was made at another Con~ess. The claims expenses were, let him make that motion; but why refer the whole of Messrs. Ray and McMillen have not been before tnis Congress, have thing! The Senate has not said that it was only going to pay ex- not been considered by any committee of this Congress; and it seems penses. The motion of the Senator from Vermont, when he made it, to me there is no propriety in offering their cases as an amendment qualifying the resolution so that hereafter in all future ca-ses contest- to the pending resolution, and I hope it will be voted down. · tants should be paid for their time as the Senate might judge to be Mr. EDMUNDS. I wish to say to my good friend from lllinois, who right, exempted this particular claim from that amendment, and it seems to impute to me a disposition to dodge this question, that I do wa.s so understood by the Senate on both sides of the chamber. Now not know that on this particular question, from the beginning to the there seems to be a disposition to pile all on so as to defeat this reso- end, I can be fairly accused of any disposition to dodge it. I know lution. I will not vote for the resolution if that be done, although that I am generally as desirous as he ist or anybody else, of getting I think Mr. Pinch back is entitled to his pay as much as I am to mine. out of the way when a vote is to be taken; but on this particular He acted in good faith, and under all the circumstances-though I am matter, the matter of the right of Pinchback-- not goin~ to make a speech in reference to his case; I have done that Mr. LOGAN. If tho Senator wants to know exactly what I meant, several times on the floor of the Senate-! think he was entitled to I will state it. his seat. Because I think he was entitled to his seat I am ready to Mr. EDMUNDS. If the Senator will let me finish the sentence, 'he vote to give him his pay, and for no other reason. These other gen- may see whether he wants to explain or not. I was proceeding to say tlemen stand on very different grounds, no matter what the report is. that on this particular subject, whatever all our faults may be with All the Senators here know that these claimants, Mr. Ray and Mr. others, I did have the impression that my attitude was pretty well McMillen, stand on different grounds from Mr. Pinchback. understood. In fact I have received several blessings fr('m all sides Mr. WEST. I aak the Senator if he will be good enough to explain of the Chamber for it. That I can bear; but I do not think the Sen- the difference in the ground Y ator is quite justified in what seemed to be his hint that in suggest- Mr. FRELINGHUYSEN. I hope he will not do it to-night; it is ing the report of this committee I was desirous of evading the ques- too late. tion. Mr. LOGAN. I do not propose to stand here and oxplain for the Mr. LOGAN. Not at all. I did not say the Senator evades ~he benefit of the Senator from Louisiana or anybody else the difference. question. I said that the Senator from Louisiana was taking the I state it for myself to my own satisfaction that the cases do stand on right step to defeat the resolution. different grounds. I could give the reasons for that opinion if I felt Mr. EDMUNDS. You said "Vermont." disposed to do so. I am not disposed to go into an argument in refer- Mr. LOGAN. Hold on. The Senator from Vermont I coupled with ence to it. The arguments that have been made heretofore show the the Senator from Louisiana, and I will explain to the Senator what I grounds very distinctly, that they stand here very differently; at least did mean. I did suppose th!1t the Senator from Vermont waa not in so far as I am concerned and so far as my own reasoning goes, I am favor of this resolution, for the reason that he certainly was not in satisfied that a very different state of things e:xists as to each. But favor of Mr. Pinchback taking his seat. I said that I based my vote I am not disposed to go into that. I gave my reasons to t.he Senate on this resolution in favor of it upon the ground that I believed Mr. at the time I voted to seat Mr. Pinchback. I held that by the recog- Pinchback was entitled to it, for the reason that I thought he was nition of the Legislature by the different departments of the Gov- entitled to his seat. Believing that, I was for the resolution. The ernment and by the recognition of the supreme court of Louisiana Senator from Vermont, believing that he was not, would naturally the Kellogg government was the lawful government in all its depart- not be for the resolution. Therefore I did suppose that he would be ments. That was the ground on which I based my argument. · glad to see riders put upon it, because a more convenient way of Mr. WEST. The same right attaches to Mr. Ray. killing it than fighting it squarely. I did mean that; nothing more, Mr. LOGAN. I think not. They are very different cases. If the nothing less. I did not mean it in an offensive sense. Senator ·from Louisiana wants to defeat the proposition to pay Mr. Mr. EDMUNDS. O, no. Piuchback and does not want him to get his pay, he is taking exactly Mr. LOGAN. But I meant it in a sense very frequently used here. the right course to defeat it. If the Senator from Vermont feels the Mr. EDMUNDS. I want to assure my friend that in this particu- same way and does not like to vote square against it or for it, this is lar instance he is altogether mistaken again. I have not been dis- the right way to defeat it. If it is to be defeated, I would rather see posed to put any riders on the resolution for the purpose of killing it it defeated in a square fight. I do not,believe in putting riders here or embarrassing it. I did propose an amendment, which was agreed to give gentlemen an opportunity who want, I thmk, to vote a(J'aiust to unanimously, that hereafter the rule should be so and so; and it to vote against it. I do not want to vote against it, but I will vote when I proposed that amendment I was determined to vote in favor against it if all these riders are added. of the resolution because I thought it followed what the Senate had Mr. MITCHELL. So will I. hitherto done. Now when the Senator from Louisiana, after debate, :Mr. WEST. Mr. President, during the course of the remarks of brings forward here a former report of this same committee arising the Senator from illinois, which I presume were addressed to the out of this same election that elected Mr. Pinchback and the men Senate with a view of influencing their action, he took occasion to who were elected for the short term when he was elected for the long say that there were entirely different grounds attaching to these two one, in which they say they believe the former practice is vicious, claimants, and I asked him for an explanation of that a-ssertion; but and they recommend upon their responsibility another one conform- it appears that he did not intend t-o make that assertion to influence able to justice in each particular case, I do admit with equal frank- the Senate. It was only an expression of his own satisfaction with ness that it makes a good deal of impression on my mind, and it mak- his own judgment, and therefore it should not weigh with the Senate. ing that impression on my mind I am not prepared at this moment to But the assertion that Mr. Pinchback's claim has been put in sub- vote in the way of paying Mr. Pinchback or Mr. Sykes or anybody sequent to the notice that was served upon him by the report which else, after this old report of this committee, the full compensation of has been read, and that that should operate as a ca11eat, is scarcely cor- a Senator. I do not know but that when it is further considered I rect. Mr. Pinchback commenced his claim for a seat in this Senate may go back to the original determination that I had when this de- on the 4th of March, 1873. This cave.at, as it isca.lled, serving a notice bate began, supposing that we were absolutely bound by the prece- upon all claimants that the principle was a vicious one to exact or dents to vote for it; bnt after this report, made as it appears unani- expect pay for time not served, wa.s not made until the 2'2d of June, mously, from a committee of the Senate npon the subject, and the 1874, fifteen months after the commencement of the prosecution of report not acted upon-not therefore condemned but lying as a thou- the claim, and it was the expression of the opinion of a committee, sand other things do here that do not get taken up-I think it may but met no favor at the hands of the Senate. So it in no degree in- be still a good time without doing injustice to any of these gentle- validates this claim that I can see. men to reconsider the whole subject and see whether fairly and justly Furthermore, I scarcely think the Senator is correct in saying that we may not apply to all these cases alike the rule which the commit- I desired to load down this resolution so that it could not be passed. tee reported in that case. Mr. LOGAN. I did not say the Senator desired to do it. :Mr. McMILLAN. Will the Senator from Vermont allow me to ask Mr. WEST. Well, the Senator's judgment is that my course tends him a question f that way. Mr. EDMUNDS. Certainly. Mr. LOGAN. I had a right to say that. Mr. McMILLAN. Does he think it would be fair to regard this Mr. WEST. Certainly; but let the Senator understn.nd me. I report aa a public caveat, as it is termed, to Pinchback when the pres- wish to be understood a.s advocating in no personal sense whatever ent Senate werenotawareof the existence of that report until brought the claims of claimants to seats in this body from the State of Louisi- to their notice to-day Y ana; and ~ cannot make fish of one and flesh of another; and if any Mr. EDMUNDS. I do, because I think we are bound to apply 4398 CONGRESSIONAL RECORD-SENATE. JULY 5, cave.ats to the people of the United States when we are not bound to he would not apply tO himself. It would be contrary to the fou~ apply them to Senators. Each individual who is making a claim teenth amendment, to begin with, of which we are both in favor. here is pretty apt, if he is looking to his own interests at all, to look at Now, to come back to the subject, my friend says this is no ground what the Senate has done in similar cases and what committees have for recommitting this matter. Sir, the Committee on Contingent reported. Each Senator sitting as a judge and desiring to do right Expenses were charged by the Senate and did not volunteer to in- is suppo ed to presume that when a case arises the committee that vestigate this subject when McMillen and Raypresented their claims has it in charge will bring forward everything that bears upon it, for compensation, agreeing out, one of them, of an election by exactly and therefore he need not be presumed to have personal knowled~e the same body of men that elected Mr. Pinchback. My friend from of all that will guide his discretion when the occasion arises. But m Louisiana or somebody introduced a proposition to pay them. The respect of a claimant, if it turns out that he does not come from any SenateorderedthattheCommitteetoAuditandControltheContingent Legislature, or that be bas got his election by unfair means, or for Expenses of the Senate, and out of funds over which they had the any other reason he is disqualified, as in the case of Thomas from auditing and control the payment must be made, to inquire into it. Maryland as I remember, I do not think he has a right to presume They did inquire into it, and report.ed what had not been brought to absolutely that, sink or swim, in or out, he is all this time to get the my notice before, and that was that they had considered this subject pay of a Senator. I think he ha-s the right to presume that he may and took the responsibility of reporting to the Senate that claims of appeal to the justice of the Senate to see that he has fair play con- this character founded upon the idea that a man was to be paid as a sistently with justice to the tax-payers. That is all I mean; and Senator when it turned out that he had no claim to be a Senator therefore while, a-s I said when I offered the amendment providing were vicious, and as a provision in cases of that kind they reported for the future, I had intended to vote in favor of this resolution, I that the man who contested in good faith should be paid his reason- am now disposed to vote in favor of sending it back to the commit- able and necessary expenses in the contest, to be ascertained in a tee that they ma.y reconsider the whole subject. careful and prudent way. We all agreed in adopting unanimously Mr. MORTON. Mr. President, if the Senator wants to vote against the amendment I had the honor to offer, that that principle is this resolution, he baa a right to do it a..s a matter of course, and I founded in justice and reason. The only question is whether it ought shall not be surprised. Some hour or two ago the Senator said that to have a retroactive operation, as is denied by the Senator from In~ he woulcl vote for this resolution because the precedents were uni- diana. Now, I submit that it was wortbv of consideration inasmuch formly that way. as .t his report publicly made was on the files of the Senate and had Mr. EDMUNDS. I was inclined to do it, I said. been applied to two citizens of Louisiana already in not giving them Mr. MORTON. He then offered an amendment that in cases here- what is now claimed to be a matter of course, the pay of a Senator- after arising the rule should be different. Subsequently the Senator it is fair to consider whether it ought not to apply to all of them as discovered that the chairman of the Committee on Privileges and well as to two. That is all there is of the question. Elections, Mr. Carpenter, some four years ago before Pinchback's caae Mr. MORTON. The Senator changed his mind here in about twenty had ever arisen and before his term had begun, had made a certain or thirty minutes under.very peculiar circumstances, and the reason report in regard to McMillen and Ray, a report which was never which he assigned was rather unsatisfactory, in fact wa-s rather in- acted on. significant, to be honest about it. Mr. WEST. The Senator is incorrect; the report was not made Mr. EDMUNDS. That is, in your judgment. until fifteen months after Pinchback had commenced making his Mr. MORTON. And when I referred to the matter the Senator claim. thought it necessary to allude to my politicalhistory and to say that Mr. MORTON. I thought the report was made in the month of I had changed my mind in my political life about five times where February, 1873. he did so once. Well, it is always important in a matter of that l1r. WEST. No ; the 22d of J nne, 1874; here it is. kind for a man to be right. If I were to be technical, I should take Mr. EDliDNDS. The 1873 report was on the political condition of issue with him on the fact; I should say that what he said was not the State, and had nothing to do with the question of pay. true and that he could not be~ to prove it. But that would not be Mr. LOGAN. What committee made this report in favor of Ray a very important matter at th1s time. and McMillen f Now, Mr. Presirlent, the Senator took the ground here very broadlv- Mr. MORTON. I do not know. It was not made by me and never and I confess a little to my surprise, because I expected from the 'be- a{lted on by the Senate. It layherewithoutanyattention being paid ginning of this controversy that he would somehow contrive to come to it ; it was never called up ; and now this mere report of a com- out in the opposition-that the precedents had been uniform and he mittee, which was never acted upon by the Senate, never adopted, did not feel at liberty to violate them but that the rule shou.ld be the Senator from Vermont chooses to consider such a precedent and changed a..s to all cases arising hereafter, and he offered an amend- caveat as justifies him in changing hls views entirely and voting to ment to that effect. After that he discovered a report made by the send the whole matter back to the committee. If my friend wants Committee on Contingent Expenses of the Senate, which was never to vote a,g ainst this report he bas a perfect right to d'o so, and need adopted by the Senate, never acted on, could form no precedent or not rest the aot upon any excuse of that kind. The idea is that be- rule of action whatever, of which perhaps Pinchback never beard in cause this report has been discovered in regard to these two cases, a his lifo, and insisted that it was a caveat to Pinchback of which he report never acted upon, it constituted a precedent which would jus- ought to take notice which justified him in referring and reconsider- tify the Senator in violating what the Senator himself said an hour ing the whole thing. The Senator has come out precisely at the hole ago bad been the uniform action of the Senate in all times ! where I expected he would, fl'om the very beginning of this contro- Mr. LOGAN. I would suggest to the Senator from Indiana that it versy. is usual for reports of that character to come from the Committee on Mr. EDMUNDS. That shows you are a. good prophet! Privileges and Elections. This is from another committee. Mr. MORRILL, of Vermont. Mr. President, it is very clear that Mr. MORTON. I discover now that this report comes from the the adoption on the part of the Senate of the resolution presented by Committee on Contingent Expenses, to which the case never went, my colleague may hereafter prevent what certainly must be admitted where it bad no business. How Mr. Carpenter, who wa.s chairman of to be a very great evil, the extravagant payment on the part of t.he that committee, a committee consisting of three persons, came to Senate of those who contest seats in this body. But it seems to me make any report on this question I do not know. that it is out of our usual course to consider anything that has not Mr. WEST. Here it is. I introduced a resolution requiring the been presented by the Committee on Privileges and Elections. There- Senate to pay these men, and that resolution was submitted to the fore I shall vote against including all cases that have not been con- Committee on Contingent Expenses. sidered and reported on by the Committee on Privileges and Elections; Mr. MORTON. A place where it had no right to go, and where it and to begin with the case of Mr. Pinchback, a colored man, and make did not belong any more than to the Committ.ee on the Judiciary, or that an exception to the universal record of our precedents, for one I the Committee on the Revision of the Laws. How it got there I am averse to. I shall therefore vote for the appropriation to be do not know. Here is a report that was never acted upon, anerty, which certifica.te.s I think that most cities would postpone the pavement of a street like shall bear interest at the rate of 10 per cent. per annum until paid, and which, until they are _paid, shall remain and be a lien upon the property on or against which that until they had sufficient revenue to pay the expenses. they are IBSued. And if the said certificates are not paid within one year, the said Mr. HENDEE. I think that any city in the United States that commissioners of tho District of Columbia shall, upon the application of tho holder had an intelligent authority at its head would have paved this ave- thereof, proceed to sell the property against which they are issued, or so much nue six months ago. thereof as may be necessary to pay said tax; such sales to be first duly advertised~ daily, for one week, in some newspaper published in the city of Washington, ana Mr. HOLMAN. They wonld have done it perhaps if they had had to be made at public auction to tho mghest bidder; and a deed ¢.ven by tho said the money. J commissioners of the District of Columbia in pursuance hereof shall bo deemed and Mr. HENDEE. I think it is a waste of property, of money, and of held to be a good and perfect title to any property bought at such sale hereby au- time for the Government to allow Pennsylvania avenne to remain thorized: Provided, That the owner of sru.d real estate shall have the right to re- deem the property sold by paying the amount of purchase money and 10 per cent., longer in its present condition, and I hope the report will be agreed to. with costs, on tho amount of tho said purchase within one year from the date of Mr. STEVENSON. I call the previous question upon agreeing to the sa.le. -. the report of the committee of conference. SEC. 7. That tho said paving commission shall not repave that portion of Penn- The previous question was seconded and the main question ordered; sylvania avenue between Ninth and Tenth streets, on tho nortll side of the rail- road-track, unless it may be necessary for them dO to uo to perfect the whole s~­ and under the operation thereof the report was agreed to. tem and is necessary to ruako au even and regular grad,e. "Where street railroads Ir. STEVENSON moved to reconsider the vote by which the re- cross Pennsylvania avenue, the po.vement between their tracks shall conform to 1876. OONGRESSION.A.L RECORD-HOUSE. 4403 the kind of pavement used on the said avenue; and the companies owning these Mr. CAULFIELD. Mr. Speaker, it would occupy more time than intersectin~ railroads shall pay for paving the same in the same manner and pro- bortion as 1s required by section 3 of the Georgetown and Washington Railroad the business before this Honse would justify me in taking to do full justice to the subject now under consideration. The most that I can s~~~~That it shall be the duty of the commissionei-s of the liistrict of Colum- - do is to make a brief summary of the pointsupon which, in my opin- bia to see that all water and gas mains, service-pipes, and sewer-connections are ion, the consideration of this qnestion should rest by way of supple- laid, without delay to the contractor, before the pavement autholized by this act is ment to the arguments already ma-de. put down; and it shall be the duty of the board Of water commissioners and of the Washington Gas-Light ·Company, unde:c the direction of the said/aving commis- Great Britain inconsiderately and, as our Government maintains, sioners, to take 1?-P• lay, and replace _all gas-pipes, water-~ains\ an co~ec?ons on improperly granted belligerent rights to the Confederate States. said Pennsylvama avenue, at such time and places as sa1d pavmg COIDIDlSSIOn may This point being gained, the States in rebellion fitted out vessels of direct; and the old wood paving blocks, which are required to be removed under this act, shall be delivered to the said commissioners of the District of Columbia war to prey upon and destroy American commerce. These vessels for such use or disposition as they may see fit to make. were encouraged by the·British government. Others were built and SEc 9. That the sum of $3,000 is hereby appropriated out of any money in the fitted out in British ports. The United States claimed that these Treasury of the United stawa not heretofore appropriated, and a like amount is proceedings were unwarranted, and insisted that England was re- directed to be vaid by the District of Columbia commissioners to the said paving commission to -defray the necessary expenses of said commission. sponsible to her a-s a nation., not to individuals, for any dama~e that consequently had been done to any of her citizens. This clarm En- 1t1AILING OBSCENE BOOKS, ETC. gland denied, denied that she was in fault, and denied that she could Mr. CLARK, of Missouri. I ask unanimous consent that the bill, be held to respond in damages to our Government. Thus an issue (H. R. No. 2575) with the Senate amendment thereto, be taken from wa.s formed between the two nations. The treaty of W asbington was the Speaker's table for action at this time. thereupon entered into between these two parties, as nations, by which There being no objection, the bill (H. R. No. 2575) to amend sec- it was stipulated that a tribunal should be created for'the decision of tions 3893 and 3894 of the Revised Statutes of the United States, pro- the question. This tribunal met at Geneva. The United States ap- viding the penalty for mailing obscene books, and. other matters peared before it, not as a representative of others, not as an agent, not as therein contained, and p:rohibiting lottery circulars passing through. an attorney for anybody, but she appeared a.s a pa1·ty plaintiff in her 0 1 ·n the mails, with the Senate amendment, was taken from the Speaker's right and in her national capacity, and filed her declaration, consist- tabl~. ing of the various counts upon w hichshe claimed her case was founded. The amendment of the Senate was to insert in line 1, after the To some of these counts Great Britain demurred, and our Government words "picture paper," the word "writing." There is no necessity agreed that the demurrer to these counts might be pro forma sustained, for discussion, and I move that the Senate amendment be concurred in. in order that the principles of international law of such vast advan- The motion was agreed to. tage to our Government and for which Great Britain by her de- Mr. CLARK, of Missouri, moved to reconsider the vote by which murrer contended might be forever settled, well knowing that, al- the amendment of the Senate was concurred in; and also moved that though settled against her in this particular instance, the decision the motion to reconsider be laid on the table. would prove of inestimable advantage to her in the future. The re- The latter motion was agreed to. jected counts embraced the three following classes o.f claims: ORDER OF BUSINESS. First. The losses arising in the transfer of the Ar..lerican commer- Mr. LORD. I rise for the pnrpose of calling for the regular order. cial marine to the British flag. Mr. SEELYE. Will the gentleman yield to me to offer a resolution Second. The enhanced payment of insurance :)r war premiums of inqniryf which Olll' merchants were compelled to pay during the war. Mr. LORD. I will do so, upon the condition that if it gives rise to Third. The prolongation of the war, by which a large sum was discussion the gentleman will withdraw it. added to its cost and to the suppression of the rebellion. These claims Great Britain contended no neutral nation should be INVESTMENT OF INDIAN TRUST FUNDS. compelled to pay. Our Government took Great Britain at her word, Mr. SEELYE, by un:mimous consent, submitted the following reso- agreed to withdraw these three cla-sses of claims, and accept in lien lution; which was read, considered, and adopted: thereof and as a consideration for such withdrawal the recognition for Resolved, That the Secretary of tbe Interior be requested to inform this House all time to come of the principles for which Great Britain contended. what portions, if any, of the lndlan trust funds have been invested in securities (See volume 2, page 526, of papers relating t6 Geneva award.) other than stecks of the United Stat~s since the passa~e of an act approved Sep- tember 11, 1841, to re.v.eai a part of the sixth section of tne act entitled ".An act for ' As an evidence of the trUth of this proposition I beg leave to quote the support of the Military Academy of the United States for the year1838, a.ndfor from the correipondence between this Government and its represent- other purposes," passed July 7, 1838; when and by whom suoh investment was atives in England and before the Geneva. tribunal. In a letter from made; and that he give a detailed description of suoh securities, with a statement Secretary Fish to the American minister he writes : of their ap-praxi.ma.te value, in what amount and for how long default, if any, has been made m the payment of interest. No. 18.) Mr. Fish to Mr. Schenck. Mr. SEELYE moved to reconsider the vote by which the resolution * * "' In this correspondence I have gone as far as prudence would aJlo·w in intimating that we neither desired nor expected any pecuniary award, and that waa adopted; and also moved that the motion to reconsider be laid we should be content with an award.that a state is not lioble in pecu•iary damages on the table. for the indirect resulta of a. failure to observe {ta neutral obligations. It is not The latter motion was agreed to. the interest of a. country situate as are the United States, with their large extent Mr. LORD. I will yield to two or three gentlemen to introduce of sea-coast, a. small navy, and smaller internal police, to have it established that a nation is liable in damages, &c. * * .~- This Government expects to be in the billa for reference only. future, as it bas been in the past. a neutral much more of the tinle than a bellig- CCEUR D'.ALENE INDIANS. erent."-Papers of Geneva aw01rd, &c., volume 2, page 476. ·Mr. FENN, by unanimous consent, introduced a bill (H. R. No. ~850) In a telegram from Mr. Fish to the American minister and Mr. to provide for negotiations with the Creur d'Alene Indians, in the Davis, Mr. Fish says: Territories of Idaho and Washington, and making appropriations for No. 114.) Mr. Fish to General Schenck and Mr. Davis. their use and benefit; which was read a first and second time, referred * * * The President directs me to say that be accepts the declaration of the to the Committee on Indian Affairs, and ordered to be printed. tribunal as its judgment upon a question of public law. which he felt that the in- t-erests of both governments required should be decided. * * * This is the at- REVISION OF PATENT LAWS. tainment of an end whic'h this Government bad in view in the putting forth of those claims. We had no desire for a pecuniary reward, but desired an expression Mr. VANCE, of North Carolina, by unanimous consent, from the bythetribunalasto the liability of a neutral for claims of that charact~r.-Papers, Committee on Patents, reported a bill (H. R. No. 3851) revising the &c., volume 2, page 578. patent laws; which was read a first and second time, recommitted to There are other assertions of important neutral right, bnt these are among the the Committee on Patents, and ordered to be printed. - most important. They seem all to be available in a possible future to the United States. * * * The United States have had occasion to look practically on both JOHN R. WILLIAMS. sides of the question, and therefore sometimes to assert neutral duties, w'hile more asserting neutral rights and the policy of P.eace, to such an extent and Mr. BURCHARD, of Illinois, by unanimous consent, introduced a generally under such circumstances as to have rendered the Umted States the cha.n::pion of bill (H. R. No. 3852) granting a pension to John R. Williams, a soldier neutral rights. of the war of. 1812; which was rea-d a first and second time, referred HAMILTON FISH. to the Committee on Revolutionary Pensions, and ordered to be -Papers, d.J., volUDle 4, pages 548, 549. printed. From these quotations, Mr. Speaker, it is manifest that this Govern- SUNDRY CIVIL BILI,. ment agreed that the claims for indirect damages involved in the Mr. HOLMAN. I ask unanimous consent to take from the Speak- three excluded classes should be withdrawn for the purpose of obtain- er's table the Senate amendments tg the bill (H. R. No. 3749) malting ing the a-dvantage of the inter-national rule which would be thereby appropriations for sundry civil expenses of the Government for the established. But it is further manifest that our Government withdrew fiscal year ending June 30, 1877, and for other pnrpo86s; and move them simply as between herself as one nation and Great Britain as that they be printed and referred to the Committee on Appropria- another. And it is equally plain that she, at the same time she with- tions. drew them p1·o forma as between herself and Great Britain, reserved The motion was agreed to. to herself the right, when she should come to indemnify her citizen~ out of the fund to be derived from Great Britain, to exercise her own GENEVA AWARD. discretion as to the disposal of the money awarded, and to give it if Mr. LORD. I now call for the regular order. she chose even to the excluded classes ; for in the letter of Secretary The SPEAKER pro ternpore. The regular order is the bill (H. R. Fish to Messrs. Cushing, Evarts, and Waite be says : No. 2685) for the distribution of the unappropriated moneys of the Mr. Fish to Mr. Gushing, and same to Mr. Evarts and Mr. Waite. Geneva amrard, upon which the gentleman from Illinois [Mr. CAUL- Sm: The President having appointed you one of the counsel of the United FIELD] is entitled to the floor. States in the matter submitteq to tl}e tribunal of arbitration to meet at Geneva., CONGRESSIONAL RECORD-HOUSE. JULY 5, * * ~ it becomes necessary to give you briefly the President's instructions on tween herself and England to do as she pleases with the money, yet I the subject of your duties. • • * insist that this Government ought to ascertain who have been the The President desirea to have the subject discussed as one between the lwo Gov- ernment8, and he dir~cts me to urge upon you strongly to secure, if possible, the greatest sufferers by the confederate cruisers and as far as pos ible award of a sum in gross. In the diScussion of this question, and in the treatment compensate them for their actual losses. Unle ·s we do this, rather of the entire case, you will be careful not to commit the Goverllment a-s to the di :po· than keep this money I should insist that every dollar of it be paid sitio.n of what may be awarded. * • * It is possible that there may be duplicate back to England. claims for some of the property alleged to have been captured or destroyed, as in the cases of insurers and insured. The Government wishes to hold itself free to Mr. LAWRENCE. Will the gentleman allow me a question! decide as to the rights and claims of insurers upon the termination of the case. H Mr. CAULFIELD. Yes, sir. the value of the property captured or destroyed be recovered in the name of the Mr. LAWRENCE. If the whole people are the greatest ]('sers, Government, the distribution of the antount ?'ecove?·ed will be made by this Govern- ment without committal as to the mode of distribution. It is expeoted that all such then do they not have the strongest claim upon this fund f There- committal be avoided in the argument of counseL-Papers, lfc., volume 2, page 414. fore, let it be covered into the Treasury for their benefit. , Mr. CAULFIELD. The gentleman says the whole people were the In accordance with these instructions our counsel said to tille tri- greatest losers f bunal: Mr. LAWRENCE. Yes, sir; and if the losses have fallen on the From these arrangements of the treaty it is apparent: ~ • Second. That these whole people, as they have, why should not the whole people get the claims are all prefen-ed by the United States as a nation a~ainst Great Britain as a benefit of this fund' nation, and are to be so computed and paid, whether awaroed as "a sum in gross" und€1r the seventh article of the treaty, or awarded for assessment of amounts un· .Mr. CAULFIELD. That is the argument the gentleman pre ents. der the tenth article. The gentleman's report, as I understand it, agrees with us completely The tribunal aoted without objection upon this statement, (see note 7,) and up to that point. He agrees that this mon-ey was given to this Gov- awa1·ded a sum in gross in satisfaction of alZ the clai11l8-as far removed as possible ernment to distribute a.s to her might seem best. But while the whole from deoiding; whom the United States should indemnify from the award. people may have been, and certainly were, sufferers by this war, still There were two modes, Mr. Speaker, provided by article 10 of the there have been individuals who have suffered more individually in t reaty for the payment of the damages to be awarded to the United their particular cMes than the whole people have suffered in the ag- States. One wa.s to pay a stnn in g1·oss, and thus necessarily leave the gregate. In other words, these individuals have suffered their share distribution of the award to our Government in its discretion. The in the general loss and suffered personally in addition. Therefore, we other was to appoint a board of assessors to ascertain and determine are in favor of paying those who can show their losses in dollars and what claims are valid and what amount or amounts shall be paid by cents what they have actually lost. And when you come to ask what Great Britain to the United States on account of the liability arising this whole people has lost, I ask who can make the computations f from such failure, as to each vessel, acccrrding to the extent of such liabil- Now as to the claims of the insurance companies. [ must say I ity as decided by the arbitrators. should be exceedingly glad if I could conscientiously give this money The Geneva tribunal therefore had the right either to award a sum to them in the very first instance. It would result greatly to the ad- in gross, and thns leave its distribution or disposal entirely to the dis- vantage of my constituents and of my own city of Chicago, who have cretion of the United States, or simply to decide whether or not lost so heavily by the disastrous fire whi(lh laid tha.t great city in Great Britain was in the wrong. I£ the latter decision alone was ashes. Many of the companies now claiming this fund were insurers made, the tribunal was to make no award in money whatever, but of property in Chicago and became bankrupt by that fire. Could the President, the Queen of Great Britain, and the Italian minister at these companies be allowed to absorb this fund they would be enabled Washington were to appoint three assessors, who should sit either in to pa.rtially pay their losses to my constituents and my city. But Washington, New York, or Boston, to decide upon an examination of they ask that no injustice shall be done to others for their advantage. each claun how much should be paid, not to tlleindividual, but to the I can see no equitable view under which the insurance companies are Government of the United States. (A1·ticle 10, treaty.) entitled primarily to this fund as a matter of right. The United States instructed its representatives before that tribu- These companies claim that they were the real plaintiffa before the nal to obtain the award in gross if possible, rather than the appoint- Geneva tribunal and that the United States represented them as an ment of assessors, for the very reason that she wished to prevent any attorney represents a client. As I have before maintained, this Gov- · quasi distribution of this fund by any body other than herself. For ernment represented herself and nobody else. She claimed to have this reason she told her representatives, "Yon will be careful not to been damnified by Great Britain by the destruction of large amounts commit the Government aa to the disposition of what may be awarded." of property, and presented the losses of her citizens as evidence of In accordance with this desire and this request the tribunal did not her claim. She represented no more the insurance companies thao. resort to the appointment of assessors, but made its award in gross, the war-premium men; no more those who lost by the inculpated leaving this Government entirely free as to the disposal of the money. cruisers than the exculpated cruisers. She was there in her own per- It does therefore appear to me that there can be no question as to son demanding reparation for wrongs done to her as a nation, vindi- the right of this Government to distribute this award as it pleases. cating her own honor and self-respect and showing her determination But this is no new question. This identical position was taken by to maintaim them at all hazards. The insurance companies further our Government before the award was made, after the award was claim that the United States recovered this money for them and that made, and finally by the solemn declaration of Congress in its act of she holds it, therefore, as a trust fund. This view is utterly ground- June 23, 1874, by which the court of Alabama claims was created less. In the first place, the insurance companies had no claim against and is now in existence. In sections 11 and 12 of that act it is provided Great Britain. An attorney or agent for the collection of a claim what classes of claims shall be paid, to wit, all damages directly re- must show that his principal ha.s some claim against the person from sulting from the cruisers Alabama, Florida, and Shenandoah, and all whom he is seeking to recover. But these sufferers of all descriptions insurance companies who have lost on the sum total of their war had no claim against Great Britain, and therefore could have no at- risks. In the event that the class of cases thus provided for shall not torney. Secondly, they had no claim against the United States, and absorb the whole award, the act further provides that "the balance therefore have no legal claim upon the money recovered. There has, shall remain a fund from which Congress may hereafter authorize the however, been a legal adjudication o.f this very question, from which payment of other claims thereon." Congress has therefore already I quote. The court of Alabama claims, in Williams VB. The United made its decision, and it is this latter provision of its law which renders States, say: nece sary the bill which we are now considering, and because the Let not the proper attitude of the olai.mant to the fund for distribution be mis- money awarded has not been absorbed by the class of cases already understood. Whatever his loss may have been, he had not the power to obtain provided for in that act. compensation from Great Britain by his own act. Her army and navy would have The question therefore now before us is, What shall we do with the proved uncomfortable obstacles in his way to her treasury. J nst here the Govern- balance of this fund f The answer is, it must be distributed to the ment of the United States took up his case, and by the exercise of its powers as a sovereign after years of patient labor, by the highest skill in diplomacy, without most meritorious of the sufferers by the confederate cruisers. The Gov- the loss or1 blood or treasure, obtained the whole amount due for the depredations ernment must resolve itself into a court of equity and look conscien- complained of, thus achieving a triumj)h which may, in the progress of 01vilization1 tiously into the question as towho are the most meritorious of these suf- take a. higher rank than the profoundest achievements in arms. How the amount of the award obtained at Geneva was made up, what precise species of los e it was sufferers. The Judiciary Committee has considered this question. The intended to cover, or even how the interest was computed, is not known, and a. care- subcommittee to whom this bill was referred has given this important ful study of the opinions of the several arbitrat.ors has shown ns that it was not matter grave and serious consideration. Their conclusions form the intended to be known outside of the tribunal itself. The Govel'nmentof the United majority teport which.I am now.considering and advocating. The bill in States accepted the sum awarded in full settlement of all the claims comprehended the terms of the treaty, and soon afterward Congress passed the act providing which the majority of the committee has reported provides that the for its distribution among the claimants, which is to be our chief grude in the first class to be paid out of this remaining fund shall be the claims actual work of distribution. It is clear that the Government had the right to pro- directly resulting from damage done by the confederate exculpated scribe the terms on which claimants should present their claims. They wero not cruisers, and for which no compensation has been thus far provided by strong enough to compel payment of the money by Great Britain, and when this Government obtained it the claimants had no legal rights to H, xcept that whioh Congress. The bill secondly provides for a"()tuallosses in premiums this Government, by its own acts, chose to accord. They must, therefore, take paid for war risks, and thirdly secondary losses or sums actually paid their respective shares of it, subject to all the conditions which the Government by insurance companies on property insured by such companies. has thought fit to appoint, or not take them at all. In opposition to these views we have two other reports from mem- And in the more recent decision of Rhind, executor, vs. The Unit u bers of the Judiciary Committee. One is in favor of paying the in- surancecompanies :first. The other (presented by Judge LAWRENCE) States, they say: is opposed to paying out any more of the fund at all and favors cover- H the right of the petitioner to a. part of the flmd received from Great Dritn.in ing the whole balance, consistin~ of about $12,000,000, into the Treas- were a. riglit of property legally vested in him, it is clear from the cases whioh have been citea that a. pardon would restore it. and that any denial of the right by Con- nry of the United States. To tne latter of these two propositions I gress would be unavailincr to defeat it. Has he sucn a right 1 He haa a right of could never as ent. While I admit the Government has a right as be property in the ship whic'fi the Alabama destroyed, andhelostitwithoutany acton 1876. CONGRESSIONAL RECORD-ROUSE. 4405 the part of the Gi>vernment of the United States w hioh could give him redress against Mr. GARFIELD. What decision is that f I was out when the it. The Government of the United States was not; obliged ro claim from .GreatBritr gentleman read it. ain payment of the loss, but acted in that regard according to its sovereign pleasure. It did not suooeed in obtaining-payment of the whole of the claim presented, and Mr. CAULFIELD. There are two decisions of the court of Ala- the most careful investigation of the proceedings at Geneva bas failed to show whatbama claims. One is in the case of Williams t·s. The United States; claims were included in the award and what excluded therefrom. The award was the other is the case of Cadwallader D. C. Rhind, executor, tlB. The made in favor of the Government, and not in favor of the claimants. The Gi>vern- United States. - . ment thne vindicated the national honor, but it did not assume to pay any particular class of claimants nor any particular claim. Having obtained the money by its own Mr. HILL. If I understand the gentleman he uses the word "right" as synonymous with power. No citizen has the right ortbe powerto act and at its own cost, it had the right to prescribe the terms on which the distri- bution should be made. It certainly had the power to exclude certain claimants sue the Government. But does that destroy the right of a citizen in and to include others less meritorious. In the act now before us, claimants are ex- cluded who believe themselves justly entitled to a part of the fund, but they have his own property f no power to assert their right to it. Under the powers committed to us, we have Mr. CAULFIELD. I had not gotten through with my reply to the in some instances rejected altogether claims presented at Geneva, and in many more gentleman. I a.nswer that that is the law, and that is answer enough instances we have J.a.rgelv reduced such claims in amount. to anybody. The gentleman wants to know the difference between It is claimed very earnestly on the part of the insurance companies the right and the power of the citizen in eases like this. Does the that they are entitled to this fund by the doctrine of subrogation. gentleman contend that in anything that occurred between Great Brit- This position cannot be maintained. Subrogation means being sub- ain and this qountry any citizen of this country acquired a right stituted to the 1-ights of another in any given thing either by the against Great Britain f He admits that he does not. And he admits voluntary act of the owner or by the act of law. It is evident from that no citizen acquired a right against this Government. That is what we have seen that no owner of property destroyed by these con- admitted. · federate cruisers had any claim or was the owner of any right against Now, why is it that the Government of the United States claims England. What, then, was there to which the insurer could be sub- she had the right to recover damages for the destruction of any prop- rogated f Certainly nothing. But they say: · erty in which she herself had no individual right Y How is the wealth of a nation made up f I ask the gentleman is it not made up by the True, there was nothing at the time of the loss, but since the award by the Ge- individual wealth of every citizen of the nation! And whenevel' a neva tribunal there is something which is tho subject of snbroga.tion. citizen is damnified in his 'property or his estate by a foreign govern- Mr. HILL. Will the gentleman allow me a question 7 ment, the Government is pro tanto damnified, and the Government Mr. CAULFIELD. Yes, sir. steps forward and recovers a. portion of the wealth which has been Mr. HILL. If none of these losers acquired any right against either taken away from her by the damage which has been done to a single Great Britain or the United States for any of their losses, upon what individual, and if one individual has been a loser to the extent of principle of law or equity is it that you are paying this fund to any- 100,000, and a hundred more individuals have been losers to the ex- body at all f If it was recovered in the name of the United States tent of a million dollars, I ask if the aggregate wealth of the country and in right of the United States, how is it that anybody has a right had not been diminished to that extent f to claim the fund from the United States t Mr. HILL. I concede the right of the Government t~ recover; but Mr. CAULFIELD. Before I answer your question I want to under- the question is, for whose benefit does she recoverY For her own stand your position. Do you deny that this money was recovered in benefit and as her own right and property, or for the benefit of her • the name of the United States and by the United States as a nation t citizens and as their right and property! Mr. HILL. I will say to my friend that I have no position in the Mr. CAULFIELD. She has theright, the absolute right as we main- matter. I am listening very earnestly for information that will en- tain (if you contend for nothing but right) in this case and the able me to arrive at a conclusion. But I will say to him this : I un- power to cover this money into the Treasury, and Great Britain and derstand there is a difference between the right of a citizen as against nobody could say one word in contravention of it. But she must at the Government and the power of a citizen as against the Govern- the same time a.a a nation have a conscience, and that conscience tells ment. I do understand that the citizens who sustained these losses her that this money ought as a matter of equity to be distributed han no power to Enle either Great Britain or the United States. But among those who have been actual sufferers and losers. I do not understand that because they had no power to sue for these Mr. GARFIELD. Will the gentleman allow me to ask him a ques- losses therefore they had no right. I insist they may have had a right tion! where they had no power, and which it was the duty, the moral duty, Mr. CAULEIELD. Certainly. of the Government to regard. Mr. GARFIELD. The gentleman, as I understand him, says that Now, my view of it is, if the gentleman will pardon me, that the the Government has no other wealth than the wealth of the citizens f citizens of the United States who sustained losses by, the acts of cer- Mr. CAULFIELD. I did not say'' no other." tain cruisers, to wit, the Alabama, the Florida, and the Shenandoah Mr. GARFIELD. Well, that is not material. after she left Melbourne, have certain rights against the government Mr. CAULFIELD. I said the individual wealth of each and all of of Great Britain because Great Britain had no right to authorize the the citizens aggregated together makes np the wealth and power of destruction of their vessels; that is, she was guilty of negligence in the Government. Do you deny that! those particulars, and therefore the liability accrued. It is true the Mr. GARFIELD. Not at all. I am simply running back to get a United States recovered that liability in their name. jump. Mr. CAULFIELD. To whom does the right accrue, the individual Mr. CAULFIELD. Do not run too fa.r back for your jump. or the nation t Mr. GARFIELD. The gentleman then says that the losses accru- Mr. HILL. I say the right accrues to the individual according to ing to these individual citizens by the action of Great Britain were my idea, because the United States did not own the property de- taken up by our Government and recovered, and that the Govern- stroyed. If the United States did not own the property destroyed, ment was under no obligation, no legal obligation, to turn over this how did the United States get any rights because of the desbmction property to the citizens from whom it was taken; only a kind of of that property f I insist that the right belongs to the person, the equitable conscientious obligation. How does he get over that clause owner of the property destroyed, if the liability arises from the de- of the Constitution that does not allow the Government to take the struction of the property-- private property or use the private property of any citizen without Mr. GARFIELD. You are perfectly right. just compensation f Mr. HILL. And this money is recovered by the United States for Mr. CAULFIELD. Why, my dear sir, in the first place you beg the benefit of the real owner. the question. Mr. CAULFIELD. As an agent! Mr. GARFIELD. Not at all. Mr. HILL. Yes, sir. And it is the moral obligation of the United Mr. CAULFIELD. Yes, sir; you beg the question. The very ques- States as a government to recover that property for the benefit of the tion you a-sk implies that this award is the property of the citizen. It citizen, as part of the protection which the Government owes to the was not the property of the citizen that was recovered by this award, citizen. and how can you go back of the question and ask me if this clause of Now I go back to the question. If you say the citizen has no right the Constitution conllicts with my view when it says that no private against the Government of the United States and the Government has citizen's property shall be taken without compeusation t The private no right whatever in the property destroyed, how is it that the Gov- property of the citizen is not taken in this case by the Government ernment or the citizen can recover? If 't he Government recovers, it of the United States. recovers because of a rig.ht of property in the citizen, and if so, it must Mr. GARFIELD. If the United States gets an agent to do the recover for the benefit of the citizen who had the right of property. taking and then holds out its lap and catches the splinters, it is ab- Mr. CAULFIELD. If the gentleman from Georgia will now take solved, according to the gentleman's view, from its obligation to the his seat I will answer his speech. ' private citizen-that is, if it gets a third party to do the taking. Mr. HILL. I havenotbeenmakingaspeech. Inrep1ytomyque.s- Mr. CAULFIELD. Does the gentleman contend that England wa-s tion the gentleman asked me another question, and asked me to an- the agent of the United States in destroying these vessels T swer it, and I attempted to do so. Mr. GARFIELD. Not at all. Mr. CAULFIELD. I shall answer the gentleman in the first place Mr. CAULFIELD. Then where is your argumentf by the language of the decision of the court which I first read. Is Mr. GARFIELD. But England was responsible for their destruc- the gentleman prepared to go behind that decision, or to deny that tion. that decision is law t That decision is that no individual had any Mr. CAULFIELD. I am afraid the gentleman has not fully studied right either as against Great Britain or as against the United States. the question. I plant myself upon the law, and that is my answer to the gentle- Now if the gentleman will allow me, I will go on. man. Mr. HILL. I wish to say to the gentleman from Illinois that I 4406 CONGRESSIONAL RECORD-HOUSE. JULY 5, really do not know how I am going to vote. I addre sed the question 1\Ir. LUTTRELL. I am satisfied in my own mind that many of to him which I did because I wanted information; and I would like these claims are held by parties who did not pay ten cents on the him, if it would not be interrupting him, to answer me another ques- dollar for them, who are mere speculators. tion. The gentleman said a. little while ago t hat this award of the Mr. CAULFIELD. The position that the insurance companies are tribunal at Geneva included all the claims that were filed; those entitled to this money by way of subrogation, as I have said before, that were rejected as well as the others. is equally fallacious. Neither the insurance companies nor any other Mr. CAULFIELD. I did not mean to say "excluded." I will ex- claimant can point out a single individual loss that ha8 been calcu- plain that upon t his idea: If you present a dozen claims against me, lated in that award. After tire rendition of the Geneva award cer- f~r instance, and there are three or four of ihose claims that I am not tain citizens of Great Britain claimed that, as American citizens had willing to recognize or that I know nothing about, then, when I am set- been indemnified, they too should be compensated for similar losses tling with you I take a receipt from you covering all claims to date, as by Great Britain. But the British government rejected their claims. well those which I have admitted a8 those which I did not admit, in (London Times, May 24, 1873; see Foreign Relations of the United order that you should have hereafter no further claim or excuse for States, 1873, part 1, page 368.) Mr. Gladstone, then prime minister, claim against me, and that I may show your receipt as a bar against said in the British Parliament: · any further claim or action against me. It appe.'U'S to be implied that the government submitted the claims of certain Mr. HILL. Here is the point- person.~ not subjects of Her Majesty to arbitration. This is altogether a mista.ke. Mr. CAULFIELD. Therefore, while they may not have been in- No claims of individuals have been submitted to arbitration m relation to the cluded in the award, they are settled by the award beyond all further Alabama. What was submitted to arbitration waa entirely a. question between the two gov. question. ernments.-London Times, Ma.y 27, 1873, page 377. :Mr. HILL. Here is the point: If I present to you a dozen claims which I hold against you, and you insist that half of those claims No claimant has acquired any legal right to any portion of that you are not liable for, then after you have insisted and I have agreed award. There is no more now to be subroo-ated to than there was ·be- that you are not liable for those claims both of us agree that those fore that award was made. Furthermore, the insurance companies did claims shall be excluded from consideration, and afterward you pay not engage in these marine risks with any idea of compensation or me an amount in full for the remaining six claims for which I say you subrogatiOn. They went in to lose or 'l.uin, never antic\pating or dream- are liable and for which you admit you are liable, or the court ad- ing of such a thing as the Geneva award. It was as unexpected to judges you are liable.] how is it that afterward, in the distribution of them as the happening of any unexpected event in the dark future is the gross sum, you can come in and say that the six claims we both to us at present. agreed should be excluded should participate in that distribution f However the doctrine of subrogation may apply in ordinary cases, Mr. CAULFIELD. The way to settle that is simply to go to the it bas no application here. There is no fund to which the doctrine treaty and the award. can apply. That fund was recovered by the United States in her own Mr. HILL. That is what I want. right, averring at the time that- Mr. CAULFIELD. Article 7 of the treaty provides: The Government wishes to hold itself free to decide as to the rights and claims The said tribunal shaH first determine 38 to each vessel separately, whether of insurers upon the termination of the case. Great Britain has by any act or omission failed to fulfill any of the duties set forth This Government would not allow the rights and claims of insu1·m·s in the foregoin~ three rules, or\reoognized by the principles of international law not to be passed upon by the tribunal but insisted that she would reserve inconsistent With such rules, and shall certify such fact as to each of said vessels. that right to herself, not to be exercised until the terntination of the Now comes the point: case. Then of course it could not be acted upon at all by the tribunal. In case the tribunal find that Great Britain has failed to fulfill any duty or duties The case is terminated; she bas exercised that right, and by the act 38 aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid of June 23, 1874, decided pro nac vice against the claims of all insur- by Great Britain to the United States for all the claims refe:rred to i t. ance companies who had not lost on the sum totalof their war risks. Mr. HILL. This is what I mean-- To such as bad thus lost she allowed compensation for all actuallosses Mr. CAULFIELD. Wait a moment; lam not through yet. In caused by all the cruisers, both "exculpated and inculpated." case the tribunal finds that Great Britain has failed in any particular But after the payment of these and all other losses provided for by case then she shall pay a sum in gross in satisbction of all the clairns that act there is a large fund left. This Government is now again referred to it, whether they are excluded or not. Now these claims exercising "its right to decide as to the claims and rights of insurers." were all referred, but some were withdrawn. Still the sum paid is We are again called upon to say, "What shall we do withitf" We intended to be in full satisfaction of every claim that wa8 referred. must do whatever appears most just and proper to·be done. We must Now let as read the award, and you will find that it comports exactly pay actual losers who have not yet been paid. But the great majority of .w ith the treaty. This is the language of the award: the insurance companies are not actuallosers. Tbeactuallosersamong The tribunal, making use of the authority conferred upon it by article 7 of the the insurance companies were provided forunderthe lastorpresentlaw. treaty, by a majority of four voices to one, awards to the United States the sum of They came forward and their olaims as filed in the whole amounted to $15,500,000 in gold as an indemnity to be paid by Great Britain to the United Srotes only$48,000; they only proved $12,000. These insurance companies ad- for the satisfaction of all claims referred to the consideration of the tribunal, con- mit they are not actztallosm·s by not having gone forward and filed their formably to the provisions contained in article 7 of the aforesaid treaty. claim under the present law. They come now to us and say "We are Mr. HILL. The only point is this, and it is the turning point· with not actu4l losers by the war; we could not come in under the present my vote in this case, and I think with the votes of several others. act; we made money out of the war; but we did not make as much as Mr. CAULFIELD. Well, we will see if we can settle it for you. we might have made if those cruisers bad not destroyed some of the Mr. HILL. "All cases referred to the tribunal for consideration." vessels and property we insured." The fact is, the insurance companies Mr. CAULFIELD. Yes. made millions of dollars by the existence of these cruisers. These Mr. HILL. How does that include the cases expressly agreed to cruisers were encouraged to ply their avocation upon t.he high seas be excluded from consideration f . by the precipitate action of Great Britain in recognizing the belliger- Mr. CAULFIELD. These cases were not really excluded from con- ent rights of the confederacy. But for the recognition of those rights sideration ; for how could they have been excluded unless they were our commerce would have been safe, these cruisers would not have considered f They must ba ve been first considered before they were sprung into existence, and the insurance companies would have had excluded, and if considered at all they were "referred" to the tribunal no means of makino- money by their large war premiums; so that for consideration, and had to be "referred" before they could be ex- England instead of 8amaging has put millions of dollars into the cof- cluded. It does seem to me that that ought to satisfy the gentleman. fers of the insurance companies. And yet one company will come Mr. HILL. It does not quite, I am sorry to say. As I understand forward with its claim of a loss of 10,000 in a particular instance the pleadings they excluded certain cases from consideration. when on the whole it has made $200,000 by these very cruisers. This Mr. CAU!JFIELD. They were merely excluded pro forma, as be- award was not intended to cover such a lOBS. tween the two nations. [Here the hammer fell.] Mr. HILL. No; it was made before the answer of Great Britain The SPEAKER pro tempore. The time of the gentleman has ex- was put in. pired. Mr. CAULFIELD. It was made at a preliminary meeting of the Mr. HILL. I move that the time of the gentleman be extended, as tribunal, when all the claims were put in and referred to the tribunal. he has been interrupted so much. Mr. LUTTRELL. Will the gentleman yield to me for a question f There was no objection. Mr. CAULFIELD. I am getting mightytiredansweringquestions, Mr. CAULFIELD. This Government never made a claim for any for I want t~riit,hrough, as my time is drawing to a close. such losses. She made no claim for those who had made rnoney by the Mr. LUTT . Were not the decision and the award for the war. She could not say aa a nation that she had been injured by benefit of the actuu.llosers t damages which Great Britain had done to her insurance companies, Mr. CAULFIELD. Yes; the award says that it was for the benefit because Qreat Britain could have replied, '' So far · from doing those of the actual losers. Then it points out certain vessels which com- companies any damage I have filled their coffers with money which mitted these ravages upon the high seas, and those vessels are what they have made out of their war premiums, and which they would are called inculpated cuisers; the others are called exculpated cruisers. not have made had we not accorded belligerent rights to the confed- Mr. LUTTRELL Are not the claims of many of the insurance eracy. Besides, supposing these compames had not made a dollar, companies who are coming here in the hands of speculators who pur- still in equity they would not be entitled to any portion of this fund. chased them for a mere song f They went into the bn!Jiness of war risks voluntarily, with their eyes Mr. CAULFIELD. That question I am not able to answer. It wide open, never dreaming of any compensation for losses except may be so, but I cannot assert it. such as they would make by their increased premiums. There was 1876. • CONGRESSIONAL RECORD-HOUSE. 4407 no reason why they should lose any money if every American bottom Mr. LORD. I nowwithdrawthe motion to recommit, and call the was swept from the ocean. Every American bottom might have previous question on the pending bill, ame11.dments, and substitute. been swept from the ocean and the insurance companies never have Mr. TUCKER. I ask the gentleman to allow me to offer a substi- lost a cent. If they had not insured there was no danger of their tute for the bill before the Honse. losing. They went into the business, then, as a pure speculation, ex- Mr. LORD. I cannot do it. I am under instructimls from the Com- pecting to lose in some instances, and charging high premiums so as mittee on the Judiciary not to allow any new matter to be introduced, to make up for their losses in particular cases. Every loss which any proposition that has not been debated. I know the proposition each company made in any particular ~ase was anticipated and charged of the gentleman, and the committee are unanimously against it. in the heavy premiums which the company exacted. So that they Mr. TUCKER. . Will the gentleman from New York give me two have been paid and overpaid for all losses they have sustained and minutes to state what my substitute is 7 made millions besides. Mr. LORD. I do not know how far I would waive any right by so However, the rule of law is that claimants must not recover upon doing. I do not desire to waive any right, and I propose to call the the weakness of the claims of their opponent, but upon the strength previous question on the bill and substitute and on the amendment of their own. We have sufficiently shown the weakness of the clf•,ims of the gentleman from Pennsylvania, [Mr. JENKS.] of insurance companies. Let ns now see if the strength of the own- Mr. LAWRENCE. I would inquire of the gentleman from New ers of vessels destroyed on tlle high seas by the cruisers exculpated York [Mr. LoRD] whether he will allow me to offer some amendments by the Geneva tribunal and the war-premium men is sufficiently to the original bill f I have offered a substitute, but, should that be great in itself to merit compensation at the hands of this Con- voted down, I desire to offer certain amendments to the original bill. gress. In the first place, the claims of vessel-owners who suffered Those amendments have been incorporated in the record, when I made Iosses by the exculpated cruisers are said to have been excluded by some remarks on the bill, and are understood by the gentleman from the Geneva tribunal. They were excluded upon mere technical New York. I hope he will allow them to be offered. grounds in a preliminary investigation as between the two nations, Mr. LORD. I cannot do that, for it would protract this matter and the United States consented to their exclusion for the purpose of indefinitely. I think the subject is now fairly before the Honse, un- obtaining the benefit and advantage of the international rule estab- der the bill introduced by Mr. KNoTr to repeal section 12, under the lished by their exclusion; but the United States reserved to herself bill to pay the money into the Trea-sury, and under the amendments the private right to remunerate them, if she saw fit; for, she said, if of Mr. JENKS. Beyond that the Committee on the Judiciary have you award me a sum in gross I am not to be restricted as to mode of instructed me not to go. I therefore call the previous question. distributing that fund. Furthermore, the award was made in gross Mr. JENKS. I desire to offer my amendments. I read them as a "to the United States a sum of 15,500,000 in gold as the indemnity part of my remarks, but did not offer them in form to the bill. to be paid by Great Britain to the United States for the satisfaction Mr. LORD. I supposed they were all offered. I will yield for that of all claim.s referred to the consideration of the tribunal, conform- purpose. able to the provisions contained in article 7 of the aforesaid treaty. Mr. JENKS accordingly offered the following amendments to the These losses were ,provided for by article 7 and were accordingly pre- original bill: sented, and, while their exclusion debarred them of consideratUm by In section 1 line 9 strike out "three" and insort "two·" that tribunal, it does not debar them from the consideration of this In section~ strik~ out all after crnisers" in line 9; ' 11 Government. In section 3, strike all after •' allowed" in line 5 ; • But ought they to be considered by this Government! So far as In section 5, strike out "and judgments of the second claas shall be paid before the United States is concerned they stand upon the same equitable judgments of the third class are paid;" and Iri section 5, strike out all after unappropriated sum" in line 12. 11 footing as the vessels and goods destroyed by the inculpated cruisers, Alabama, Florida, and Shenandoah, because one of the reasons for Mr. LORD. I now call the previous question on the bill, the pend- excluding the exculpated cruisers given by Great Britain would be no ing amendments, and the substitute. · excuse for·this Government. That reason was that the United States Mr. SPRINGER. Will the gentleman allow me now to submit a furnished no proof, gave no notice to Great Britain of the character motion to recommit the bill and amendments, so that that motion may of these vessels, and furnished no proof that Great Britain had any be pending when the previous question is ordered f know ledge of their intentions and mission. But this would be no rea- Mr. LORD. What is the object of the gentleman f son in the mouth of our Government. Besides the cause which' oalled :Mr. SPRINGER. My object is to recommit the bill to the Commit- into existence the exculpated cruisers and the inculpated cruisers tee on the Judiciary. is the one and the same, to wit: The granting of belligerent rights Mr. LORD. I must object to any motion of that character. to the Confederate States. It is for damage resulting from the grant- Mr. SPRINGER. Then I suppose the only way in which that mo- ing of those rights that we made our claim on Great Britain and for tion can be brought in is to vote down the call for the previous ques- which we recovered S15 1500,000 from her. Therefore the losses by tion. exculpated and inculpated cruisers stand upon the same footing so The SPEAKER pro tempo1·e. That is the only way in which it can far as this Government is concerned. Then as to the war premiums. be done now. They too were in a similar manner excluded by the Geneva tribunal, The previous question wa-s then seconded. but they were in a similar manner reserved for consideration by our The question being taken upon ordering the main question, upon Government. Their claims too are meritorious in themselves for the a division there were-ayes 66, noes 23. reason that they are actual losers, because in order to obtain credit Mr. SPRINGER. No quorum has voted, and I call for tellers. for the purchase of goods abroad they were compelled to pay insur- Tellers were ordered ; and Mr. LORD and Mr. SPRINGER were ap- ap.ce in addition to the ordinary marine insurance, and in the same pointed. manner exporters were obliged to incur the same additional expense, The House again divided; and the tellers reported there were-ayes because of the presence of these cruisers upon the high sea-s. 87, noes 24. Again, these war-premium men could not recover these large pre- No further count being demanded, the main question wa.s ordered. miums back by covering them into the prices they charged for their Mr. LORD. I now yield fifteen minutes to the gentleman from imported fabrics, for the rea-son that so many American vessels sailed Maine, [Mr. HALE.] under neutral flags, and so many goods were brought to our shores Mr. HALE. At the request of the gentleman from Virginia [Mr. by British and other foreign vessels, that the competition alone kept TUCKER] I will yield to him for three minutes. down the prices of goods imported by those who paid the war pre- · Mr. TUCKER. I have not time to make a speech upon this ques- miums. These claimants, therefore, are actual lo~rs to the amount tion, and I shall only explain the amendment which I desire to offer of the premiums paid by them, minns the amounts they have received and the reason for it. I think, after the discussion that has been had from dividends or otherwise. These two cla-sses of cases, therefore, on this question for three or four weeks past, this Honse will feel we deem actual losers and meritorious claimants for compensation that it is not prepared to decide a judicial question. And the pur- out of this fund. pose of my amendment is that the whole subject in controversy shall, It is, however, supposed that these two classes will not absorb the by a proper proceeding, be placed before the court for the Alabama entire sum yet at our disposal If there be any residue, as we think claims with the right of appeal to the Supreme Court of the United there will be, we then provide, after the payment of these primary States, to be decided according to the law and justice of the case. losses or claimants are satisfied, that the insurance companies or sec- My friend from Illinois [Mr. CAULFIELD] this mop1ing, in sustain-· ondary claimants may present their claims and obtain a 'f}ro mta ing the majority report, maintains,-as I understand, this anomalous satisfaction of their claims. We believe that the final distribution proposition: that with an award which upon its very face and in its of this fund p?'O rata among the insurance companies is more just than terms declares the parties who are entitled to compensation and those the covering of it into the Treasury of the United States-or returning who are p.ot entitled, the maJority report proposes to pay it to those it to Great Britain; Thns a perplexing question is avoided. As we who were injured by cruisers who were not inculpated. This is a most have reserved to ourselves the right to dispose of this fund as our extraordinary proposition. own discretion may dictate, we do not feel that we would leave our- For what was this award made t Gentlemen say that the nation selves entirely free from unfavorable criticism if we should retain ha-s recovered this award. Are we to be told that the nation has re- any of this money for our own benefit, no matter how clear and un- covered upon behalf of a citi.sen that has suffered, and then will not questionable our right to do so might appear. pay the citizen who so suffered damage f But gentlemen say that I believe the report of the majority of the committee, which em- this Government is not a trustee. Are we to be told the first day after braces the -views I have advocated, makes the most just and equit- the Centennial that all governments are not trustees for the people I able distribution of the fnud, and I hope it will be adopted by this And will the Gi>vernment of the United States that brought this suit Honse. against Great Britain, claiming damages for injuries done to particn- 4408 CONGRESSIONAL RECORD-HOUSE. JULY 5, lar citizens, now turn around and say that they will not pay those this question, which has been here occupying our time for days and citizens, and say to Great Britain that we virtually made a false days. It has been elaborately and most ably discussed; and there is statement, that we will pay but those who the arbitrators decided not a new thing that I can present upon this subject-matter either were not entitled to anything, and will not pay to those that the arbi- upon the law of the case or the considerations of common justice. I trators decided were alone entitled to anything T That is the propo- only, in the little time that I have, want to present before this House sition of the majority. . the condition of certain classes of citizens, some of whom I am free The minority report says that we are to pay all the insurers, and to say I represent here, and so have as a Representative a warm in- the majority report says that in certain cases the insurers are to be terest in the question. • paid. But if neither the insurers nor those other parties are entitled When the war broke out our mercantile marine was secure upon to it, if the nation recovered this award for itself and itself alone, the seas. It was to a great degree prosperous. The Confederate- and it is a question of mere option whether we will give it to any- British armed cruisers went out upon all waters of the globe, and at bQdy else, then I say turn it over into the Treasury, as the gentleman once the ships of my constituents fell at a discount as clearly as if from Ohio [Mr. LAWRENCE] proposes. If it do not belong of right ten added years had been put upon their hulls, spars, and rigging. and justice to any private party, put it in the Treasury where the No man's house was ever invaded and property taken therefrom, people of the country may get the benefit of it. The Government no man ever had a J¥nb severed from his body and thereby losing a has no right to give away a-s a matter of grace what does not belong part of his efficiency, no man ever snfferE1d by theft more swiftly, more to the Government as a matter of right. materially, more determinedly than did the owners of American ships. [Here the hammer fell.] It was the act of Great Britain, as has been settled by the tribunal. :M:r. TUCKER. I desire just one moment more to say that I will The fa-ct that we have fifteen million and a half in the Treasury by offer that amendment if I can get it in. If I cannot got it in, I will the admission of Great Britain and th~ adjudication of the tribunal vote against the majority report, and for the minority report. And settles that point. My constituent-s, the constituents of every gentle- if I cannot get the minority report, I will vote for the bill of the gen- man here who own vessels, were injured by the acts of Great Britain. tleman from Ohio, [Mr. LAWRENCE.] But !think it ought to be put Now, sir, these men who owned vessels found as a result of the before the courts that they may decide who is entitled to this fund. action of these cruisers upon the high seas that they were obliged to MESSAGE FROM THE SENATE. double, to treble, to quadruple the insurance rates in order to afford some protection to them and their property, and they believed from A message from the Senate, by :M:r. SYMPSON, one of their clerks, in- the beginning that their wrongs would be redressed ; they believed formed the House that the Senate had passed a concurrent resolution that they would in due course of time be recompensed, and that Con- assuming in the name of the people of the United States and direct- gress as the representatives of the people would see that this was ing the completion of the Washington monument in the city of done. And so it comes about that everywhere the owner of an Ameri- Washington; in which the concurrence of the Honse was requested. can ship preserved the proofs and vouchers of his losses during the The messag~ further announced that the Senate had agreed to the years when ·he was being made poor by the depredations of the cruiser report of the committee of conference on the disagreeing votes of the or the exactions to which he was forced to submit by in urance com- two Houses on the bill (H. R. No. 3263) making appropriations for the panics. But while the ship-owner was being reduced to penury there service of the Post-Office Department for the year ending June 30, were looming up in Boston, New York, and in other large cities com- 1877, and for ot.her purposes. panies which were fattening upon his losses. The message also announced that the Senate had agreed to there- Now if any gentleman has any doubt as to whom the recompense port of the committee of conference on the disagreeing votes of the should come let him begin at the top of the scale and he will find that be two Houses on the bill (H. R. No. 3411) authorizing the repavement will strike hard-pan when begets down tothewar-premiummen. The of Pennsylvania avenue. owners of the ships that. were burned and destroyed have been paid GENEVA AWARD. by the last Congress. The insurance companies took their money The Honse resumed the consideration of the bill for the distribu- from the war-premium men and filled their coffers to repletion, and tion of the unappropriated moneys under the Geneva award. grew rich and fat, but the owners of the ships which were brought Mr. HALE. The amendment offe1·ed by the gentleman from Vir- into competition with the ships of England, Denmark, Germany, and ginia [Mr. TuCKER] is not before the Honse, and therefore there may other countries, found their freights reduced by this competition and be no technical need of answering its points. But as the gentleman that they had nobody to charge the added expense of their war pre- bas presented his plan so clearly, I think it worth the while to say miums to, and they were crushed out, and so it came about that a part this, and it covers the whole subject-matter: This is not from beginninu of the owners of our vessels, obeying the law of self-protection, put to end a matter of law. It bad its rise in a violation of law that could their vessels in British hands, ~er the flag of Great Britain, for se- in no degree be remedied by any court under the sun. Certain curity; but another and the larger class whom I represent main- American citizens suffered by depredations at the hands of a nation, tained themselves under our flag, paying heavy premiums all the Great Britain. There was from the beginning no power in any court time, and never being able to charge it upon freight; and so I say by any principle of law, however well established in the courts be- again that when you strike the war-premium man you have struck tween man and man, that would recompense the distressed, the suffer- hard-pan. ing, the losing citizen. And much of the confusion and opposition to The class in this bill known as war-premium men present almost the bill of the majority of the committee reported by the gentleman as strong claim on our sympathy and our votes as do the wounded from New York [Mr. LORD] has arisen because good lawyershaveal- soldiers of the war. lowed themselves to be led away into a narrow channel of reasoning Now, sir, these war-premium men would have been paid long ago as if this was a thing in its inception between A and B in a county but for human greed; the insurance companies, like all large corpo- comt, a State court, or the Supreme Court, whereas it is nothing of rations, were never satisfied, and as my colleague said the other day, the kind. they clamored for more, and if they got more they would have There are certain things, Mr. Speaker, that Congress can do better clamored for yet more. They came to this Congress at the begin- than any court in the redress of the grievance of the citizen; and ning of this session. They had been before theForty-secoRd Congress where the act upon which that grievance restsis the act of a foreign and were ignominiously kicked from its doors; but what gentleman power, and where the machinery which had to be set at work to ever knew the modest claim of such combinations of men frowned bring that foreign power to a situation and condition where it would down or set at rest by being once rebuffed f They came to the Forty- do right had to be set in motion by Congress for the protection of its third Congress and a~ain were kicked out, but still they are here citizens, the outcome of that negotiation IS to-day in our hands just as a~ain fighting for therr claims and resorting to every imaginable de- much as the rights of the suffering citizens were in our hands when VIce to prevent the war-premium men from getting their money. we provided for the tribunal that should settle the amount which The plan of the gentleman from Virginia is in the interest of these Great :Britain should pay. companies, in that it delays the suffering losers and helps to at least This plan is not a new thing, though new in this Honse. This mat- tire them out. ter has been fought over before in previous Congresses, when it was Now, I do not believe that this Congress, having at its control this urged with force that the whole subject should be sent to the courts fund, dealt with originally, as :M:r. Fish's letter of instruction shows, with the alluring clause that their adjustment should be upon prin- for the benefit of the losers and not for the men who were fattened ciples of "equity." And the objection to that wa.s then and is now by their losses, is going back upon the acts of former Congresses ; that even if you put in a clause requiring "equity," you submit it to and I say again that but for the persistent fight made by these com- the courts which to-day are running in just as clearly and decisively panies here and elsewhere the war-premium men who lost by the fixed channels by deoisions upon questions of equity as they are by drain upon them, and who have been reduced to poverty, and the next decisions upon question of law. meritorious class, the owners of vessels destroyed by the inculpated My friend before me, LMr. HILL,]who isagoodlawyer, knows that cruisers, would have been relieved and their claims paid long ago. the term '' equity," a-s used in the courts has as clearly defined limit- And this gives me an opportunity to call the attention of the House ations in the courts and is controlled aa much by binding authority to the fact that in all the legislation for the last ten years the inter- as is a question of "law;" and the word has ceased to have the signifi- ests of the American ship-builders have been constantly given the cation which it had three hundred years ago, when it simply meant go-by. The Pacific States have bad their railroads built, and these the" arbitration of good men." railroads have been subsidized. The Mississippi is being dredged for Mr. HILL. Equity follows the law. the benefit of the population bordering on that great river. Pennsyl- Mr. HALE. Yes, sir; equity follows the law. So I dismiss this vania has had her coal and iron protected and Massachusetts and consideration. Connecticut have had protection for their spools of cotton, their Now, Mr. S-peaker, it is an act of some temerity to say anything on needles, their gimblet screws, but the American ship-builder has al- 1876. ·CONGRESSIONAL RECORD-HOUSE. 4409 ways been turned out of Congress withou:t remedy for his impover- upon such principles be wholly excluded from the consideration of the tribnna.l in ished condition. He has never been able to get even a corner in rail- making its award, even if there was no dis~areement between the two governments as to tlie competency of the tribunaal to decide thereon· road bills or tariff bills. Mr. LORD. I now yield ten minutes to the gentleman from Ohio, After this solemn decision how can it be affirmed that any part of [Mr. GARFIELD.] the indemnity belongs to the nation as the payment of national dam- Mr. BURCHARD, of Dlinois. I would like to ask the gentleman ages 1 They were "wlwlly excluded from the consideration of the from Maine [Mr. HALE] one question. It is, whether the second class tribunal on making its award." So they must be from our considera- mentioned in the pending bill will bR provided for if the amendment tion in distributing the indemnity. of the f..Sfi~eman from Ohio [Mr. LAWRENCE] is adopted 'f In order to learn precisely what was excluded by the above judg- Mr. E. I cannot tell. ment I read from the order of the President of the United States to Mr. GARFIELD. It is too late in this debate to make any argu- the agent the following, which waa read to the tribunal and made a ment on this great question. But I have desired to state very briefly part of its proceedings : the general grounds on which mymind has :finallycome to rest in th~ The declaration made by the tribunal, individually and collectively, respecting consideration of this subject. I have felt a very deep anxiety about the claims presented by the United States for the award of the tribunal, for, first, the losses in the transfer of the AmericancommercialmarinetotheBritishflaa; sec- this bill: :first, for the credit of the United States, for the national ond, the enhanced payments of insurance ; and. third, the prolongation of the war name; second, (and I only say second, not in importance, perhaps, but and the addition of a large sum to the cost of the war and the suppression of the in order of statement,) that exact justice shall be done to all parties rebellion is accepted by the President of the United States as determinati~e of concerned. The conclusions to which I have come can be stated in their jud@lent upon the important question of public law involved. The agent of the Umted States is authorized to say that, consequently, the abov&-mentioned very few words. claims will not be further insisted upon before the tribunal by the United States, It seems to me that very few grander phenomena have ever been and may be excluded from all consideration in any award that may be made. witnessed in the affail-s of nations than the settling of so great dif- This specific statement by ourGovernmeut would be conclusive and ficulties as we were involved in with Great Britain on the basis binding upon us, even if the judgment of the tribunal were not. of friendly, judicial arbitration. It was substantially the setting There remained still two grounds of controversy; :first, the direct up of a high court, a court probably higher than any other the losses growing out of the destruction of the vessels by the cruisers world has known, to consider and adjudge a great international which the tribunal should adjudge "inculpated;" and, second, the ex- dispute and to make a :final settlement. The two governments es- penses incurred by the United States in the pursuit of these cruisers. , tablished the high tribunal, and :filed the case and the counter-case, In reference to this second class the judgment of the tribunal is the argument and their reply. When all was in, both governments in the following language: pledged the sanctity of th~ir national faith to abide by the result. Whereas, so far as relates to the{articulars of the indemnity claimed by the The award was given by the Geneva tribunal in very specific lan- United States, the costs of pursuit o the confederate cruisers are not, in the judg- guage in every respect save one. The pecuniary part of the award ment of the tribunal, properly distinguishable from the general expenses of the was on a gross sum, not distributed item by item to the several parties war earned on by the United States; the tribunal is therefore of opinion, by a on whose account it was granted. But the tribunal did what was majority of three voices to two, that there is no ground for a.warding to the United States any sum by way of indemnity under this head. the next most definite thing. They stated in the solemn and precise words of the judgment itself every vessel for whose depredations the Thus was excluded· the only remaining form of national claims ; Government of Great Britain was liable, and they stated also specifi- and we have the authority of the tribunal for declaring that no part cally the names of all the vessels which the United States bad of the $15,500,000 was allowed for any form of national claims. claimed, but their judgment did not :find that Great Britain was liable. There then remained only the losses to American citizens by the They discriminated so far as to state that one vessel, for example depredations of the inculpated cruisers within the time during which the Shenandoah before she departed from the harbor of Melbourne, the tribunal found that Great Britain was responsible. Now, with did nothing for which Great Britain was liable, but that after the such limitations :fixed by the tribunal and acknowledged by the departure from Melbourne all the damage she inflicted upon Amer- United States, an estimate was made of the amount of damages to ican commerce was justly-to be charged against Great Britain. So private citizens; and the award wa.'3 made in a gross sum, for two specific and careful were they in all the items of the award that they reasons: :first, that the United States might have it immediately to gave the grounds affirmatively and negatively on which the award distribute to the people who were entitled to it ; and, second, that was made. England should not be required to dribble it out in small payments, And here I pause to notice an argument which has frequently been but might dischar~e herself of all further obligation by a single urged in this debate: that the tribunal awarded" to the United States payment. After this we arrive at the :final result of :fifteen and a half a sum of $15,500,000 in gold as inde~ty to be paid by Great Britain millions of gold paid into our hands under the award for specific to the United States for the satisfaction of all the claims referred to damages described in the judgment of the tribunal. the consideration of the tribunal," and therefore the amount of the In view of the facts I have stated, it seems to me that we cannot, indemnity may be applied to any of the alleged claims. It is a most without the greatest national dishonor, use one dollar of this money sin~ular use of words to say that this clause authorizes payment for for any other purposes than those declared in the award itself. When clalills which the award itself rejects as not valid. The argument we have distributed the indemnity in strict accordance with the proceeds upon a narrow and indefensible use of the word award, as finding of the tribunal, if there be left a surplus of a million or five though the money alone was the award. The language of the official million, national honor demands that we return that surplus to Great judgment of the tribunal is decisive of this question. After reciting Britain. I should consider it a proud honor for the American Con- the authority by which they a-cted and the proceedings of the high gress to vote to send it back to Great Britain, an_d to say to her: contracting parties, by their agents and attorneys, the tribunal say: "When we examined more carefuUy the items of losses, we found Having fully taken into their consideration the treaty, and aLso the cases, coun- they were not so great as we had supposed. The difference is yours, ter-eases, documents, evidence, and arguments, and likewise all other communica- not ours, and we return it." tions made to them by the two parties during the progress of their sittings, and Let us not put our nation in the shameful position of driving a having impartially and carefnlly examined the same, hil.ve anived at the decision embodied m the present award. sharp bargain to get a large sum on behalf of our citizens: and then put the difference into our Treasury, or vote it away to parties for Then follow the decision and award, which consist of, :first, conclu- whom it was not paid. sions of law, in which the legal ground of the responsibi1ity of Great I shall vote against the bill of the majority, against the bill of my Britain is stated; second, conclusions of fact, in which it is stated colleague, [Mr. LAWRENCE,] and in favor of the bill of the gentle- for what cruisers and for what time Great Britain was responsible; man from Kentucky, [Mr. K.No'IT.] and, third, the amount of indemnity to be paid. This triple state- [Here the hammer fell.] mentis the judgment, and nothing but the most violent construction Mr. LORD. I now yield for :fifteen minutes to the gentleman from can separate its elements and call any one of them judgment of the Massachusetts, [Mr. SEELYE.] tribunal. Mr. SEELYE. I should not presume to speak upon this bill if the Now, in my opinion, we are bound by the whole judgment, and members of the legal profession who have discussed it were agreed every sentiment of national honor should lead us to follow the award in their conclusions. But when I find gentlemen whose learning and in its letter and its spirit. We have no right to inquire into the wis- candor and clearness of thought compel the admiration of all who dom or unwisdom of the judgment. No doubt there were citizens know them reaching directly contrary results and maintaining those who suffered aa great and aa grievous losses from the depredations of results persistently and on both sides with greatplausibility,I amcom- the exculpated cruisers as from any which the tribunal included in pelledtoinvestigateformyself. Andeventhenishouldcoutendmyself the list of inculpated cruisers, but this is a question, not making an simply with voting, if the gentleman who haa charge of this bill, award, but of executing a judgment, and from that duty we should and who ha.'3 already moved the previous question upon it, [Mr. LoRD,] not be diverted by any considerations but the language and command had not asked me to occupy a part of the closing hour. of the judgment itself. · It seems to me the whole question is this : Here is a certain amount Now, what is the award 1 The claims :filed by the United States of money in our hands and we do not know what to do with it. Con- were of two kinds, national claims and claims of private citizens. In gress has to determine what- disposition shall be made of it. The regard to the claims known as national claims, the tribunal of arbi- first inquiry is, how did we get the money and what was it given to tration announced : us for Y That can be determined so clearly that there can be no mis- That after the most careful perusal of all that bas been urged on the part of the take in regard to it. In the language of the arbitration itself the Government of the United States in respect of these claims, tney have anived, in- award was: dividually and collectively, at the conclnsion that these claims do not constitute, upon the prinmples of international law applicable to such cases, good foundation for To the United States a sum of $15.1500,000, in gold, as the indemnity to be paid by an award of compensation, or computation of damages between nations, and should Great Britain to the United States ror the satisfaction of all the claims referred to ' 4410 CONGRESSlONAt RECORD-ROUSE. JULY 5, the consideration of the tribunal, conformable to the provisions contained in arti- For these reasons I hold that equity and justice and wisdom de- cle 7 of the aforesaid treaty.-Papers relating to the Treaty of Washingt.cm,, volume mand the acceptance of the majority report. 4, page 53. [Here the hrunmer fell.] That seems to be perlectly clear. It is given for the satisfaction of Mr. LORD. I desire to take a few minutes myself. all the claims referred to the consideration of the tribunal conform- Mr. SEELYE. Allow me one word more. ably to the provisions contained in article 7 of the aforesaid treaty. Mr. LORD. Certainly; five minutes or ten minutes more, if the Nowthat article says this: gentleman desires. ARTICLE VIT. * * * Mr. SEELYE. I have a quotation from a much wiser person than The said tribunal shall.first determine as to each vessel separately whether Great myself, a most competent authority on this question, and bearing out Britain has, by any aot or omission, failed to fulfill any of the duties sot forth in the conclusions which I have affirmed; I beg leave to quote a smgle the foregoing three rules, or recognized by the principles of international law not pa-ssage from Cushing's work on the treaty of Washington, from inconsistent with such rules, and shall certify such fact as to each of the said ves- sels. In case the tribunal find that Great Britain has failed to fulfill any duty or page 164, where he says : duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to But the history of the treaty and of the arbitration shows that the United States be paid by Great Britain to the United States for all the claims referred to it; and recover, not for the benefit of the American Government, as such, but of such indi- in such case the gross sum so awarded shall be paid in coin by the government of vidual citizens of the United States as shall appear to have suffered loss by the Grent Britain to the Government of the United States, at Washington, within acts or neglects of the British government. It ia, however, not a special trust twelve months after the date of the award. legally affected to any particular claims or claimants, but a general fund t.o bo ad· It is to be observed, as Mr. Cushing himself, in his remarks on the nunistered by the Umted States in good faith_, in conformity with their own con- ceptions of justice md equity, within the range of the award. If, according to treaty of W a.shington, has said, that- any theory of distribution adopted by the United States, the sum awarded prove The arbitrators do not say for the satisfaction of certain specific claims among inadequate, we have no claim on Great Britain to supply the deficiency; on the those refeiTed to the consideration of the tribunal, but, '' all the claims " so referred other hand, if the award should prove to be in excess, we are not accountable to conformably to the provisions of tho treaty. '(Cushing's Treaty of Washington, Great Britain for any balance. On this point precedents exist in the diplomatic page 165.) history of Great Britain herself. The tribunal does not afford us any rules of Jim. itation affecting the distribution of the award, unless in the declaration that" pros- They do not say "in satisfaction of certain claims upon which the pective earnings," "double clai_mj" for the same losses, and " claims for gross tribunal may or may not have pronounced an opinion," but the lan- freights," so far as they exceed net freight, cannot properly be made the subject of compensation; that is to say, as against Great Britain. guage is" all the claims referred." Referred by whom f Of course Nor does the tribunal define affirmatively what claims should be satisfied other- by the two high contracting parties, Great Britain and the United wise than in the comprehensive terms of the award, which declares that the su.m States. Now, what were those claims f The answer to that is per- awarded is the "indemnityto be paid by Great Britain to the United States for the satisfaction of all the claims referred to the consideration of the tribunal, con· fectly clear, and comes from the first article of the treaty of Washing- formably to the provisions contained in article 7 of the aforesaid treaty." (Cush· ton, which declares as follows: · ing'e Treaty of Washington, page 164.) Whereaa differences have arisen between the Government of the United States Mr. GARFIELD. I desire to a-sk the gentleman from Massachu- and the government of Her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels, which have given rise to the claims setts [Mr. SEELYE] a question. Does the satisfaction of "all claims" generically known as the "Alabama claims;" now in order to remove and adjust all mean the satisfaction of rejected claims among the " all claims 7" complaints and claims on the part of the United States, and to provide for the Mr. SEELYE. I so understand it. speedy settlement of such claims, * * ot the high contracting parties agree Mr. GARFIELD. I mean does it cover the payment of a olaim that ail the said claims growing out of the acts committed by the aforesaid vessels * * ot shall be referred to a tribunal of arbitration.-Treaty of Washington, which the tribunal had rejected! Article 1. Mr. SEELYE. The same treaty arranged that in case a board of These claims were all referred and they were all paid, ~ expressly assessors should be appointed to assess these claims there should be stated, by this award, by the fifteen and a half millions paid in gross certain rules followed and certain claims rejected. But such a board to the United States. The question now comes up, in what method was not appointed, and in the final award, as I understand it, there .shall the United States proceed in the distribution of this award t I wa..s no question about rejected claims. The tribunal took a different take it that the only answer that can be made to that question is, jnst method, affirming that a sum in gross should be paid, a fact very sig- that method which the United States may deem to be wise and equita- nificant in reference to the gentleman's inquiry. This sum in gross ble, and only that. The United States is not responsible to Great must ha.v e included and have been intended to cover some of the very Britain nor to the tribunal at Geneva for the procedure she may here claims which the gentleman speaks of as having been rejected by the take. She is only responsible to the tribunal of history, that august tribunal, since this snm manifestly exceeds the amount of the claims 'tribunal before which all the nations are inexorably judged. which it is admitted on all hands were not rejected. It was a sum in The tribunal of Geneva did not volunteer to offer any suggestion gross supposed to cover all the 9laims, and must have covered more as to the way in which the United States should proceed in her dis- than the claims for losses by inghlpated cruisers, because it is out of tribution of the fund. That tribunal would have stultified itself if all proportion to those losses. it had dol'le any such thing. The United States neither asked nor :Mr. LAWRENCE. Will the gentleman allow me a word there f accepted any direction as to how she should proceed in this distribu- These claims were satisfied just m the sense that a claim is satisfied tion, and would have contradicted her whole procedure had she which is sued upon, where the claimant is defeated and fails to re- done so. The proof of this is perlectly clear from the direction cover from satisfactory cause; and there can be no further prosecu- which the Secretary of State gave to the counsel at Geneva, Mr. tion of the claim. They. are not paid because they are not entitled Cushing, Mr. Evarts, and Mr. Waite, in these words: to be paid. MESSAGE FROM THE SENATE. Sm: The President having appointed you one of the counsel of the United States in the matter submitted to the tribunal of arbitration, to meet in Geneva, * * * A message from the Senate, by Mr. SYMPSON, one of their clerks, it becomes necessary to give you briefly the President's instructions on the su bjeot announced that the Senate had passed, with amendments, bills of of xour duties. * * * the House of the following titles, in which the concnrrence of the The President desires to have the subject discussed as one between the two gov- House was requested: ernments, and he directs me to urge upon you strongly to secure, if possible, the award of a sum in gross. In the discussion of this question, and in the treatment The bill (H. R. No. 2684) to amend sections 246 to 251 of the act en- of the entire case, you will be careful not to commit the Government as to the dis- titled ".An act to revise and consolidate and amend the statutes re- position of what may be awarded. * * * It is possible that there may be dupli- lating to the Post-Office Department," approved J nne 8, 1872, as cate claims for some of the property alleged to have been captured or destroyed, 118 amended by the twelfth section of the act entitled" .An act making in the cases of insurers and insure ficiency provided for in the bill passed by the House and sent to the The SPEAKER pro tempore. That is not the fault of the Chair. Senate amounted to $4,230,906; that it comes back signed by this con- This is no parliamentary question. ference committee aggregating $5,667,498; and that the increase Mr. CANNON, of Illinois. I think the gentleman ought to have let over the bill passed by this House amounts to $2,283,184, and not this side of the House have at leaat ten or fifteen minutes. $!::l26,592, as stated by the gentleman from Indiana. Mr. HOLMAN. I should have been very glad to do so if within I do not think, Mr. Speaker, that this conference report has carried my power. out the resolution of a very respectable convention of the people that Several MEMBEBS. Regular order. assam bled lately in the city on the west bank of the Mississippi River, The main question was ordered; and under the operation thereof which I in part have the honor to represent. I send up to be read by the report of the committee of conference waB adopted. the Clerk as part of my remarkB one of the resolutions adopted by that Mr. HOLMAN moved to reconsider the vote by which the report convention. was adopted; and also moved that the motion to reconsider be laid The Clerk read as follows: on the table. Re.~olved, That this convention, representing the democratic party of the Statesj The latter motion waa a~eed to. do cordially indorse the action of the present Honse of Representatives [applause in reducing and curtailing the expenses of the Federal Government; in cutting GENEVA AWARD. down onerous salaries, extravagant appropriations, and in abolishing useless offices Mr. LORD. I now call for a vote upon the Geneva award bill. and places not required by the public necessities, and we shall trust to the firmness of the democratic mempers of the House that no committee of conference and no The SPEAKER pro tcntpare. The question before the House is upon misinterpretation of rules will be allowed to deft~at these wholesome measures of the adoption of t.he substitute proposed by the gentleman from Ohio economy demanded by the country. [Mr. LAWRENCE] for the substitute proposed by the gentleman from Mr. HOLMAN. A single word in reply to the gentleman from Kentucky [Mr. KNoTI] for the bill as reported by the majority of the Missouri, [Mr. STONE.] I do not think that I understood that gen- Committee on the Judiciary. tleman. I stated that this bill, M amended by the Senate and as agreed Mr. LAWRENCE. Let tke substitute which is first to be voted to by the conference committee, appropriated 34,575,701. Do I under- on be read. stand the gentleman to say that that is not correct f The SPEAKER pro tempm·e. The substitute of the gentleman from Mr. STONE. That is correct. Ohio will be read. The Chair will explain that the amendments to Mr. HOLMAN. That, then, is correct. I said also that the defi- the original bill having been adopted, the question recurs upon \he ciency appropriated by this bill was $5,667,498. amendments offered in the nature of substitutes for the original bill. Mr. STONE. That is correct. The first of these is a substitute of the gentleman from Kentucky, to Mr. HOLMAN. That, too, is correct; and that is all there is about which the gentleman from Ohio has offered an amendment in the it. The other figures are all well understood. nature of a substitute, which will be read. Mr. STONE. But the gentleman failed to state to the House that The Clerk read as follows: the amount of increase upon the bill, as passed by the House and sent That all bonds of the United States in which the money awarded to the United to the Senate, was $2,283, l!::l4, and not $826,592, as will be found when States by the tribunal of arbitration at Geneva ha.s been invested, after paying all the items of the bill as it passed the House and the items named in charges thereon and ,jud~ents as determined by the court of commissioners of the conference committee's report are taken into consideration. Alabama. claims under ensting law shall be canceled by the Secretary of State •d the Secret3ry of the Treasury; and all money, if any, arising from said award or Mr. HOL:h!All. Well, I do not understand the gentleman, for when from bonds in which it has been invested sha.ll be covered infu the Treasury. he admits my two main propositions there is an end of the matter. He has sn~cient knowledge of figures to see that when he admits my The question being taken on agreeing to the substitute, there two main propositions the result is inevitable. were-ayes 47, noes 87. Mr. STONE. I would like to propound a question. Mr. HOLMAN and Mr. BLACKBURN called for the yeas and nays. Mr. HOLMAN. The gentleman will excuse me. I have stated The yeas and nays were ordered. that the matters in controversy between the two Houses amouJlted Mr. CANNON, of Illinois. I move that the House adjourn. in the aggregate to $3,057,241'; that of this sum the House conceded, The motion was not ~~ed to; there being-ayes 47, noes 91. anQ_ I think properly, 826,59'2, and the Senate conceded 2,236,649, Mr. BURCHARD, of · ois. Will the Chair state the proposition f making in the aggregate $3,057,241. . I have stated also that the in- The SPEAKER p1·o tempore. The question now before the House crease of the bill over the appropriations aa it passed the House and is on substituting the propositioa of the gentleman from Ohio [Mr. went to the Senate is $826 592. LAWRENCE] for that of the gentleman from Kentucky, [Mr. KNoTI,] When the gentleman c;.Tied my attention to the fact that the de- both propositions being offered in the form of substitutes. If the sub- ficiency was increased, I supposed that a word of explanation would stitute of the gentleman from Ohio be adopted, the question will then be sufficient. That explanation waa based upon the fact, of which I be whether the House will substitute that for the bill reported by presumed the House was aware, that the Committee on Appropria- the committee. If this substitute be rejected, theu the question will tions estimated upon facts furnished by the Post-Office Department be whether the proposition of the gentleman from Kentucky shall be the revenues would exceed by $600,000 the estimates of laat Novem- substituted for the bill uf the committee. ber. This simply reduced the deficiency that much. The estimates The question wa.s taken ; and there were-yeas 59, nays 110, not for the present fiscal year were made up last November, and amounted voting 120 ; as follows : to something over 26,000,000.. But the Post-Office Department fur- YEAS-Messrs. Adams, .Ainsworth. Anderson, Atkins, Bagby, George A. Bag- nished us with a statement of the increase of the revenues of the ley, Bell, Blackburn, Bland, Buckner, :Horatio C. Burchard, Samuel D. -:Burcha.ra, Cabell, John H. Caldwell, William P. Caldwell, Cannon, Cason, John B. Clark, jr., Office during a part of the last :fiscal year, as compared with the pre- of Missouri, Cowan, Culberson, Dibrell, Felton, Goodin, Gunter, Henry R. Harris, ceding fiscal year; and upon this statement we estimated that the rev- Harrison, Hartzell, Hatcher, Haymond, Holman, Franklin Landers, Lane, Law- enues would be 600,000 more than the estimate originally furnished by rence, Lewis, Magoon, McFarland, Mills, Money, Morrison, New, Phelps, John F. the Post-Office Department. But the Senate conferees declined to Philips, Poppleton, Reagan, Sobieski Ross, A. Herr Smith, Southard, Sparks, Sprinp;er, Stevenson, Stone, Tarbox, Terry, Thornburgh, Van Vorhes, Walling, take that into account; so that the increased estimates had to be Erastus Wells, Wip:ginton, and Willard-59. abandoned ; and deducting simply the estimates of the Post-Office NAYS-Messrs. Ashe, John H. Bagley, jr, William H. Baker, Boone, Bradley, Department makes the deficiency larger than the House made it, to Cox, Bright, William R. Brown, Burleigh, Campbell, Caulfield, Clymer, Collins, Conger, Cutler, Dunnell, Eames, Ellis, Evans, Faulkner, Finley, Fort, Foster, Garfield, the extent that the amount of the estimates of the Department had Goode, Hale, Haralson, Hardenbergh, Benjamin W. Harris, Hathorn, Hen nee, Hen- been increased. That was all there was about it. derson, Hill, Hooker, Hopkins, House, Hubbell, Hunter, Hunton, Hurlbut, Jenks, Mr. STONE. Will the gentleman allow me one question f Thomas L. Jones, Joyce, Kehr, Ketcham, Kimball, Knott, Leavenworth, Levy, Mr. HOLMAN. Certainly. L>rd,-Luttrell, Lynde, L. A. Mackey, Maish, Ma,{lDoul!all, McCrary, McDill, Meade, Miller, Milliken, Monroe, Mutchler, Norton, Oliver, '"Packer, Pac:re, Payne, Pierce, The SPEAKER pro tempo1'e. The gentleman's hour haB expired and Piper, Plaisted, Platt, Potter, Pratt, Rea, James B. Reilly, Rice, Riddle, John Rob· he bas demanded the previous question. bins, William M. Robbins, Roberts, Robinson, Rusk, Sampson, Scales, Seelye, Several members called for the regular order. SingletoDct Sinnickson, Slemons, Spencer, Strait, Stowell Thompson, Martin I. Mr. CANNON, of illinois. Will not the gentleman from Indiana .Alexander Townsend., Tucker, Tufts, Robert B. Vance, Waddell, W alilrol\t Gilbert C. Walker, S. Wallace, Warren, G. Wiley Wells, White, WiKe, James D. Will- ;yield to me for a few moments T iams, William B. Williams, Willis, Benjamin Wilson, James Wilson, and Yeates Mr. HOLMAN. I have it not in my power. -110. The previous question was seconded, there being ayes 127, noes· NOT VOTING-Messrs, John H. Baker, Ballou, Banks, Banning, Bass, Beebe, Blaine, Blair, Bliss, Blount, Bradford, .John Young Brown, Candler, Caswell, not counted. Ca.te, Chapin, Chittenden, John B. Clarke, of Kentucky, Cochrane, Cook, Crapo, Mr. CANNON, of lllinois. I rise to a parliamentary inquiry. I Crounse, Danford, Darrall, Davis, Davy, De Bolt, Denison, Dobbins, Do~s. want to know whether the Speaker did not put the vote upon the Durand, Durham, Eden, Egbert, Ely, Forney, Franklin Freeman, Frost, ~rye, previous question when the gentleman from Indiana had not called it. Fuller, Gause, Gibson, Glover, Andrew H. Hamilton, Robert Hamilton, Hancock, The SPEAKER pro tempore. The gentleman from Indiana had John T. Harris, Hartridge, Hays, Henkle, Hereford, Abram S. Hewitt, Gold- smith, W. Hewitt, Hoar, Hoge, Hoskins, Hurd, Hyman, Frank Jones, Kasson called it. Kelley, King, Lamar, Geor~e M. Landers, Lapham, Le Mo:vne, Lynch. Edmund Mr. CANNON, of lllinois. Not at all. I believe the gentleman W. M. Mackey, McMahon, .Metcalfe, Morgan, Nash, Neal, O'Brien, Odell, O'Neill, disclaims having called it. Parsons, William A. Phillt~s, Powell, Purman, Rainey, Randall, John Reilly, Miles Ross, Savage, Sayler, Schle10her, Schumaker, Sheakley, Smalla, William E. Smith, Mr. HOLMAN. My hour had expired. Stenger, Swann, Teese, Thomas, Throckmorton, Washington Townsend, Turney, The SPEAKER pro tempore. The gentleman called the previous John L. Vance, Wait, Charles C. B. Walker, John W. Wallace, Walsh, Ward, question fifteen or twenty minutes ago. The Chair will inform the Wheeler, Whitehouse, Whiting, Whltthorne, Andrew Williams, .A.lpheus S. Will- gentleman from Illinois that otherwise he certainly would not have iams, Charles G. Williams, James Williams, JeremiahN.Williams, Wilshire, .Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Young-120. submitted the question. J\.lr. CANNON, of lllinois. Then the gentleman, after talking over So the substitute was not agreed to. his hour by unanimous consent, cuts off everybody else. During the roll-call the following announcements were made: 1876. CONGRESSIONAL RECORD-SENATE. 4417 Mr. BOONE. My colleague from Kentucky, Mr. BROWN, is absent gress to the condition of the immigration laws resulting Irom the de- by leave of the House. cision of the Supreme Court of the United States declaring the State Mr. BAKER, of Indiana. I desire to state that I am . paired with laws on that subject unconstitutional and void, and in favor of the gentleman from Maine, Mr. FRYE; who if present would vote speedy legislation in regard thereto; which was referred to the Com- "non while I would vote" ay." mittee on Commerce. Mr. STRAIT. I desire to state that Mr. DE BoLT, of Missouri, is REPORTS OF COMMITI'EES. absent on account of sickness. . Mr. HENDEE. My colleague, Mr. DENISON, is absent on a-ccount Mr. HAMLIN. The Committee on Post-Offices and Post-Roads, to of sickness. whom was referred a very large number of memorials and potitions Mr. VAN VORHES. My colleague from Ohio, Mr. VANCE, is absent praying for a repeal of the law by which stamped envelopes, news- by leave of the House. paper-wrappers, and postal cards are manufactured by the Govern- The result of the vote was then announced as above recorded. ment, have directed me to report them back and ask to be dis- The SPEAKER pt·o tempore. The question is next on the amend- charged from their further consideration. There was a provision in- ment in the nature of a substitute proposed by the gentleman from corporated in. the post-office appropriation bill for the purpose of Kentucky, [Mr. KNOTT.] meeting what the committee thought proper in this case, to wit, to Mr. LANE. I move that the House do now adjourn. add to the price of these envelopes the actual cost to the Government The question being taken on the motion to adjourn, there were in transmitting them to the various points where they i\,re sold. I ayes 1()'2, noes not counted. therefore move that the committee be discharged from their further So the motion was agreed to. consideration of the subject. ENROLLED BILLS SIGNED. The motion was agreed to. Mr. HAMLIN. The same committee, to whom were referred a very Pending the announcement of the vote, large number of petitions, praying for the repeal of the law estab- Mr. HARRIS of Georgia., from the Committee on Enrolled Bills, lishing rates of postage upon what is called third-class matter, have reported that the committee had examined and found truly enrolled also directed me to report the same back and move to be dischar~ed bills of thefollowingtitle.s; when the Speaker pro tempo1'e signed the from their further consideration for the same reason that provis10n same: . is made in the same bill for this matter. An act (H. R. No. 702) for changing the name of the steam-propeller The motion was agreed to. Senator Mike Nort-on to America ; Mr. HAMLIN. The same committee, who were directed by a reso- An act (H. R. No. 2676) for the support of the government of the lution of the Senate of December 8, 1875, introduced by my colleague, District of Columbia for the fiscal year ending June 30, 1877, and for [Mr. MORRILL,] to inquire into and ascertain the best mode of making other purposes; the Post-Office Department self-sustaining, have considered that res- An act (H. R. No. 3839) to authorize the Commissioner of Indian olution and have done something in that direction, not near RO much, Affairs to pnrchase supplies for the Indian Bureau in open market; however, as they would have been very glad to do and as I think they An act (S.No.435)to amend section 5546 of the Revised Statntesof would have done if they had had more of the support of the Senate. the United States providing for imprisonment and transfer of United I therefore move that the committee be dischargedfrom their further States prisoners. consideration of the subject. LEAVE OF ABSENCE. The motion was agreed to. By unanimous consent, leave of absence was granted as follows: Mr. HAMLIN. There were also referred to the same committee To Mr. MoRGAN for three days ; sundry memorials, remonstrating against any change in the law in To Mr. McCRARY till the end of the session; rolation to the free-delivery system. There has been no change of To Mr. FULLER indefinitely; and the law, and I move that the committee be discharged from their To Mr. VANCE, of Ohio, an extension of six days. further consideration. The result of the vote on the motion to adjourn was then announced; The motion was agreed to. and accordingly (at five o'clock and fifteen minutes p.m.) the House Mr. HAMLIN. I am also directed by the same committee, to whom adjourned. was referred the bill (S. No. 789) for the relief of R. P. Sorrels, tore- port it back, and to state that on conferring with the Post-Office De- partment there has been no evidence furnished from that Department PETITION. or from any other source to show that the service was performed. I The following petition was presented at the Clerk's desk under the therefore move that the committee be discharged from its further rule, and referred as stated : consideration. By Mr. PACKER: The petition of 292 citizens of Shamokin and The motion was agreed to. Coal Townships, Northumberland, County, Pennsylvania, for there- Mr. HAMLIN. I also report back, from the same committee, the peal of the resumption act; that no tax be laid on tea and coffee, memorial of citizens of Minnesota, remonstrating against the passage and for the substitution of legal-tender for national-bank notes, to of a bill authorizing the Green Bay and Minnesota Railroad Compauy the Committee of Ways and Means. to construct a ponton bridge across the Mississippi River at Winona. There have been no papers before the committee asking for such a bridge. I am inclined to think, however, that a bill has been re- ported by some other committee. I move that the committee be dis- charged from the further consideration of the memorial. IN SENATE. The motion was agreed to. Mr. HAMLIN. The case of William H. Stephens, postmaster at THURSD.A. Y, July 6, 1876. Bellvillo, New Jersey, in relation to stamps stolen from his office, The Senate met at eleven o'clock a.m. · came before the committee in the shape of affidavits. On conferring The Journal of yesterday's proceedings was read and approved. with the Postmaster-General it was found that there was no evidence in the Department nor has any been furnished to the committee HOUSE BILLS REFERRED. showing that the applicant comes within the rules which have been The following bills from the House of Representatives were sever- uniformly agreed upon by the committee. I therefore move that the ally read twice by their titles and referred to the Committee on Mili- committee be discharged .from the further consideration of the sub- tary Affairs : ject. A bill (H. R. No.1909) for the relief of John W. Chickering; and The motion was agreed to. A bill (H. R. No.2524) for the relief of certain soldiers of the Eighth l1r. HAMLIN. The same committee, to whom was referred the Cavalry, Missouri State Militia. bill (S. No. 310) in relation to postal routes, have instructed me tore- port it back. Your committee reO'ard this bill as one involving legal PETITIONS AND MEMORIALS. and constitutional questions, and one which more appropriately be- Mr. MERRIMON presented the petition of Mrs. Clarissa A. Cham- longs to the Committee on the Judiciary, and as no facts have been berlin, of Worcester County, Massachusetts, praying for the extension submitted to the committee they ask to be discharged from its further of letters-patent for an improvement in shovels, granted to her former consideration. I make that motion. hnsband, Hiram Kimball, on the 6th of January, 1852; which was re- The motion wa~ agreed to. ferred to the Committ.ee on Patents. Mr. HAMLIN, from the Committee on Post-Offices and Post-Roads, Mr. BOOTH presented a memorial of clergymen of the several re- to whom was referred a letter from t,he Postmaster-General addressed ligious denominations of the city of San Francisco, California, remon- to the chairman of the committee regarding the general subjects of strating against the passage of the bill (H. R. No. 3187) to amend classification and expenses connected with the transportation of mail- title 53 of tho Revised Statutes relating to merchant seamen; which matter, asked to be discharged from its further consideration; which waa referred to the Committee on Commerce. was agreed to. · He also presented a petition of citizens Qf California, praying for He also, from the same committee, to whom was referred the bill the immediate passage of a law making the nation's currency, com- (S. No. 311) conferring certain privileges upon telegraph companies, monly 1mown as greenbacks, a legal tender for duties on imports; asked to be discharged from its further consideration; which was which was referred to the Committee on Finance. agreed to. Mr. CONKLING presented the memorial of the commissioners of He also, from the same committee, to whom was referred a resolu- immigration of the State of New York, calling the attention of Con- tion of the Legislature of California, in favor of such legislation as IV-271 . :. 4418 CONGRESSIONAL RECORD-SENATE. JULY 6, will procure for the people of that State cheaper rates for the trans- the present time, and I trust the Senate will not, lmt provide nego- mission of telegraphic messages, asked to be discharged from its fur- tiations to be entered into to see if any practical plan can be arrived ther consideration; which was a-greed to. at by a concurrence of the e three governments. Mr. BOOTH: from the Committee on Pensions, to whom was re- Mr. MORRILL, of Vermont. Then I do not understand that. this ferred the bill (S. No. 792) granting a pension to Peter Harder, re- resolution contemplates tho exclusion of the ordinary Chinese citizens. ported it with an amendment, and submitted a report thereon; which Mr. SARGENT. There is no such thing as a Chinese citizen. At was ordered to be printed. home he i a su oject; in America he does not seek to become a citi- Mr. HAMILTON, from the sa:me committee, to whom wa.s referred zen ; and the resolution plainly states upon its face that the purpose .· the bill (H. It No. 1089)_graiiting ~a pension to J~mes Ll!'ox, late a; is t,o devise some means by which the influx of crimina-ls and persons private _o~ Company C, FiftY..-~~c9rid Regiment ;pennsyJv:ania Volun- imported for immoral purposes may be checked. I think no one can teers, reported.it withqut ::i.mendinen . · . . . ohject to the principle of that. But I do not rise here and do not - Mr. INGALLS, from the same committee, to :whom_was referred desire t~ discuss any humanitarian views or the traditional policy of the bill (S. No. ~10): grantjng_a . pensiqnto Austin R. Mills, :reporte~l the Republic. · · it with ameridn:ients, and submitted a report thereon ; which was or- Mi. CONKLING. What wa.s the proportion of Chinese immigra- dered to be printed. · tion stated bv the Senator? BILL INTRODUCED. 1\-lr. SARGENT. Nine ont of ten are coolies, and ninety-nine out of Mr. CONKLING asked, and by unanimous consent obtainetl, leave one hundred of the females importe<.l are for immoral purposes, are re- to introduce a bill (S. No. 977) to regulate immigration; which was duce<.} to a condition of slavery worse than that of the poorest dog in read twice by its title, referred to the Committee on Commerce, and the meanest household, by the testimony of judges, of police officers, ordered to be printed. of mayor8, of clergymen, and of intelligent citizens of every kind eon- versant with this great evil that afilicts our people. I trust to have AMENDMENT TO APPROPRIATIO~ BILL. in a few days the volume of testimony taken by our senatorial com- Mr. SPENCER submitted an amendment intended to be proposed mission, which will show to the Senate of the United States that I by him to the bill (H. R. No. 3D-22) making appropriations for the have not dealt in exaggeration in speaking upon tl1ese matters; in construction, repair, preservation, and completion of certain public fact, I have not been a.ble to paint the picture a.s it should be; I have works on rivers and harbors, and for other purposes; which was re- been quite inadequate to the task, though I have done my best. ferred to the Committee on Appropriations, and ordere<.l to be printe<.l. Mr. EDUITNDS. Mr. Pre ident- HATTIE D. M'KAIN. lllr. HAMILTON. I o!Jject to the consideration of the resolution. Mr. McDONALD. I move to reconsi'ler the vote by which the bill l\fr. SARGENT. I believe it is not in order to object. (H. R. No. 1:347) granting a pension to Hattie D. McKain was indefi- The PRESIDENT p1·o tempore. The Senator from Vermont has the nitely postponed in order to procure its recommitment to the Com- floor. mittee on Pensions. Some additional proof has been submitted to Mr. EDMUNDS. The resolution itself is taken up, and this is offered the committee. as a substitute. The motion to reconsider was agreed to. The PRESIDENT pr-o tempore. The resolution is before the Senate. The PRESIDENT pro tempo,.e. The bill will be recommitted to the Mr. EID1UNDS. I rose for the purpose of moving-- Committee on Pensions, if there be no objection. The Chair hears Mr. HAMILTON. I did not hear the question put. none. · The PRESIDENT pro tempore. The Chair put the question to the IM~llGRATION OF CHINESE. Senat.e on taking up the resolut.i on before the substitute was offered; the substitute could not have been offere<.l unless the resolution was Mr. SARGENT. I desire to call up a resolution which was sub- before the Senate. mitted to the Senate an<.l laid on the table April 20, with reference Mr. EDMUNDS. I rose for the purpose of moving that this reso- to Chinese immigration. lution and substitute be referred to the Committee on Foreign Re- By unanimous consent, the Senate proceeded to consider the fal- lations. It is a subject too impo11iant and too difficult in some of its lowing resolution submitted by Mr. SARGENT on the 20th of April: aspects, it appears to me, for the Senate to decide upon it with pre- Resolved, That the Senate recom.mend ro the President that he cause negotiations to be entered upon with t.he Chinese govrrnment to effect such change in the e:tist- cipitancy and without the usual and careful examination of the com- in:r treaty between the United States an£1 China aH will L'twfully permit the appli· mittee that has matters of that kind in charge. However right this cation of resti:ictions upon the great influx of Chinese subjects to tills country. proposition may seem to us to be as it is wTitten by the Senator from Mr. SARGENT. I desire to modify the resolution so as to read as California, it may turn out, on reflection and examination afterward, follows: that it is not right in the way it is stated and that in that way it Resolved, That in the opinion of the Senate negotiations should be entered upon ought not to be done; and I repeat what I sai<.l iu the beginning, that with the government.~ of Ghina. and Great Brit:.tin to effect such changes in exist- it appears to me the subject is too important and in some of its aspects ing treaties as will tend to chook the great influx of Chinese coolies anu criminals too critical to !Je passed upon precipitately by a vote in the Senate to this COllDtry. without a reference to the committee that has charge, and, as we all The PRESIDENT pro tempot·e. The question is upon the resolution know, bas careful and prudent charge, of all such ruattPrs. There- of the Senator from California as mo<.lified by his substitute. fore, without going into any discussion at this present time of the Mr. SARGENT. I debated this matter at very great length on a precise grounds upon which the resolution is to stand and what its former occasion, and I do not wish to take up the time of tile Senate reach is, I make this motion to refer it to the Committee on Foreign to fUI1iher discusa it, or to repeat what I then said. I will remark, Relations, to which I hope my friend from California will have no o!J- however, that this is a terrible evil npouall the Pacific coast and in the jection. Territories, and the least we can do is to a~Scertain through the exec- Mr. SARGENT. I object because this matter has been under con- utive department whether the ot.her governments interested will co- -sideration in the Senate on several occasions since the 20th of April, operate with us in enabling us to keep from our shores an influx of of this year. I object because it has been un<.ler the consideration of criminals and desperate characters who are destroying the civiliza- the Committee on Foreign Relations before this time without action. tion of one of the fairest portions of the Republic. I myself in the last Congress presente<.l a petition of over 20,000 peo- I trust there will be no objection to the pa.ssage of this resolution, ple of the city of San Francisco, embracing our best people and all and I ask t.hat there may be a vote upon it. intelligent classes of society, and the subject slumbered as if inurned Mr. MORRILL, of Vermont. May I ask the Senator from Califor- with the Capulets. I object because this is not a question of detail. nia for information whether his · resolution contemplates the exclu- It simply requests the executive department to take some mea~mres sion of ordinary citizens from China T I see it is confined to "coolies toward negotiation, to a.scertain what result~:~ can be produced by that aml criminals." negotiation. If this were a bill affixing penalties or prescribing rules Mr. SARGENT. I have a bill pending before the Committee on for the executive department, of course the details shoulu be studied Foreign Relations which will bring th~tt matter more particularly by a committee; !Jut this is simply a broad, general qnestion, and I before the Senate. The clifficulties in connection with Chinese im- should not be just to my people if I consented to a reference. migration are broad and far-reaching. America, I believe, is the only There have been two national conventions assembled this year. country which bas ta.k.en no steps to protect itself against these evils. The repub1icau convention spoke upon this matter in a way to iulJi, From the Philippine Islands to British Columbia the countries bor- cate that the sympathies of the republican party are with the people dering upon the Pacific, except the Unitetl States, ha.ve taken steps of the Pacific coast upon this question. It was not done by passing in order to prevent the influx of Chinese without regard to their crim- a resolution without debate; but after it had been debated for nearly inal character. As I stated in my remarks the other day, nine-tenths an hour pro and con in the convention it passed by about a three- of the Chinese immigrants, as proved by the testimony of reliable fourths vote of that body, showing the sympathies of the represent- persons taken under oath, are coolies, and a considerable proportion atives of t.he repu!Jlican party at large with the position which I a,Uggesting a11y amendment to it or any criticism of the language of touching three States and all the organized Territories of the United the resolution, it seemS' to me it would be an unfriendly measure to States it well demands the attention of national conventions. The t:Cis matter, and as a representative of the Pacific coast where this idea of my friend from Texas of American freedom is that we arc tile eVIl is so great, where it has become almost intolerabl~· for a thousand mere slop-pail into which all the dregs of the earth are to be poured. reasons which I have heretofore adverted to, I feel constrained to as- What will become of our American civilization if that theory is carried certain the sense of the Senate on this matter by a call of the yeas out t Can we stand all the vices, all the diseases, all the mischief that and na...ys~ and I shall look upon the reference as an unfriendly move- infect humanity the world over, and retain our American civilization f ment on the subject, as will my people. I therefore ask for the yeas W c have here a, Christian civilization organized upon republican prin- and nays. ciples. China stands with between three hundred millions a.nd four Mr. EDMUNDS. I hope the Senator will not persuade us all to hundred millions of imperialists and slaves, swarming like the frogs of suppose that it is an unfriendly act to refer an important proposition EgYPt on our land, and they will press you from your stools and tlley of this chara~ter to the proper comJllittee for consideration. I hope will destroy every vestige of American civilization and constitu- nobody will be put, by my friend's statement, iu that attitude. I de- tional liberty. They have come already by the tens of thousands, cline to occupy it myself. I am quite ready when we get the report ay by the hundreds of thousands, to t.he Pacific coast; whole street.s of the committee and get at the facts, to take np the resolntion i.u the of our cities are occupied by them to the exclusion of all other classes, 6pirit in which an American Senator ought to take it up, to see that, and it goes on with accelerated force. The Senator says let them while consistently we do the duties that we owe to mankind, we also come with all their traditional vices, with a1l their inadaptability to exercise all the duties that we owe to the protection of our own society our institutions, to levy tribute from us, to plunder us-it amounts from immoral and pernicious intluences. But "to go it upon the merely to that-and then return to their own country with their jump," as the saying may be, and decide as the sense of the Senate spoil. If they came here to be citizens, as does the German, or the that a treaty of a particular charact.er ought to be entered into be- Irishman, or any other class of immigrants which America has ever tween the United States and the two powers named in the resolution, seen before, it would stand on a different basis. But there is noth- I do not think is. wise. ing in the principles of the republican party that requires the sub- Mr. MERRIMON. It is very true that the resolution before the version of this country by a flood of ignorance and vice, eliminating Senate does not propose auy very definite action; but it is manifestly American CJitizens, freedom-loving citizens sustaining our institutions, intended to be the initiatory step to a line of action that may be of our churches, our schools, our families-eliminating them to make the most serious character, not only to this country but to other coun- room for pagan superstition and heathenism. tries and to all classes and conditiollil of men. I reject that idea either of republicanism or democracy. It is not Now, sir, I am .as much opposed to seeing tlle paupers and slaves in accordance with the principles of the republican party. No prin- and criminnls of other countries come to this country as any one; ciple ever laid clown in any platform or inserted in any statute or but I do not desire to take any action that would cut off the oppressed, constitution justifies such a result as you would have worked at the the industrious, and virtuous of any country from seeking a refuge expense of American liberty. Our laws and constitutions speak for in this. I believe the true American doctrine is to invite that class the protection of American citizens; have clothed with citizenship • of all nations to come here and enjoy the blessings of free govern- all those born on our soil and heretofore excluded; have ecured them ment, and I shall ever be fom1d in favor of a line of action that will in certain inalienable rights; but they never have conceded the right result in that end. of any nation, either be armed invasion or by overflow, to take pos- I understand, notwithstanding what the Senator from Californja session of this country and necessarily exclude us. I say that is .not has said on repeated occasions, that this Chinese question has two republicanism. · sides to it. It is said tllat the great issue in California and on our I ask for the passage of this resolution because it initiates a step, whole Pacific coast is a question of labor. That is the grand diffi- if not final, at any rate tending in the right direction, to remove the culty. It is true there are some bad men there and bad women, who great evils under which we sufl'er; and the Senator in objecting does have come from China and elsewhere to that coast, and I have no not bring forward a pertinent illustration with reference to the .Mex- doubt they annoy the good people there ; bnt there are good people icans found in California. They are a good class of population, and also who have come from abroad, and I do not think we ought to take they are treated by our people with consideration. They become cit- action that is to result in such serious moment without due considera- izens, and exerCise their rights at the ballot-box, and they vote in- tion. I trust, therefore, that the motion of the Senator from Ver- differently the republican or the democratic ticket according to their mont will prevail. It is worth while to refer this resolution and principles. One of them was recently governor of our State, Mr. give this matter the most serious consideration, because, although it Pacheco. We have treated them decently and well ; but we acq nired proposes no definite action, it does propose an initiatory step upon a the territory as a result of war. It was acquired and became Ameri- matter '"If the gra.vest moment. can territory, and our citizens went there, and went there not like Mr. HAMILTON. Mr. President, I cannot help but express my barbarians, went there not carrying vice with full hands; they went surprise at the statements made by the Senator from California. He there carrying American civilization and blessed the land by going says in effect t.hat the Pacific slope has cliligently workecl up the two there. political conventions recently iu session on this Chinese question to I want to sa.y another thing to the Senator from Texas, and that see which party would bid the highest for the vote of the Pacific is, that the Indians in California have been treated far better than States. If this crusade against the Chinese immigrants to this country they ever have been in his State of Texas. They have been treated shall be carried out, bow will the me:u;ure comport with the speeches with humanity there. made only the day before yesterday all over the Union. This land Mr. HAMILTON. The Senator will allow me to remark that I saw will no longer be the asylum for the oppressed of all the world. Peo- it stated only a little while ago that a community of civilized In- ple have hitherto been invited here from every quarter of the civil- dians, m: partially civilized and Christianized, had been pushed from ized world almost; but now, forsooth, because labor is cheap in Cal- their territory, after having located and fattened it, by citizens of ifornia, Oregon, and Nevada, there is an organized effort to cut off California. The Indians had occupied it perhaps a century, a con- emigration from China not only, but to expel those of that race al- cession made to them by the Mexican government from which they ready in the country. To be sure, :u; the &nator from North Caro- never would have been disturbed in the world if they had not come lina says, there may be some bad men a.mong the Chinese immigrants, into the United States. but there are bad men from other quarters also. I beg the Senator Mr. SARGENT. -u that is true, it is the fault of the United States • from California to remember what the .Mexican population of 1841::! Government and not of the citizens of California. But I saw it stated would probably have said, if they had had a body to listen to them, in the papers of Texas ·the other day that men were shot there sim- when the Americans overran them and took possession of that coun- ply because they were republican ; that men are persecuted there try after the war with Mexico. They were absolutely prostrate, for political opinions; that their lives are not safe; that white men kicked out of doors, and cn1i'ed hither and thither, just as the Chinese are not safe there; that a reign of terror exists throughout the State; are now and as the negroes and Indians are. that one State government was subverted by fraud and violence; and Nobody can fail to see that there is an alliance forming between that I believe to be true in reference to the State which my friend those opposed on general principles to the negro, the Chinese, and the has the honor to represent. It does not do for my fdend to throw Indian, t.o make common cause for the purpose of razing these tribes pebbles at California with regard to the Chinese or anything else. from the face of the earth; and it will be done if the republican I simply a.sk that there may be a constitutional exercise of the party does not stand firm. It is of course in the interest of the dem- powers of the Government for investigation, for negotiation. We are ocratic party, but I had hoped better things from the republican not asking an a-rmy to go there and expel the Chinese; and our peo- party. If the Pacific slope will not support the republican party un- ple have shown great patience under this terrible affliction. Here less it comes to their aid in this behalf, then for one I hope the re- and there there has been a sporadic case of riot, with limited results, publican party will gi"re them up and pnrsne the even tenor of its showing the fate that may impend; but the good sense and humanity way. Why, sir, it plucks the tail aud clips the wings of the American of our people thus far have tended to keep down tendencies of that eagle, and willrequire the remodeling of the Fourth of July literature kind, and the Chinese there have been protected to the full extent of of the country. the law, notwithstanding there are daily occurring ca~es which appall Mr. SARGENT. Mr. President, I did not say that California had the moral sense there. I do not judge by a single instance; but it worked up anything in national conventions; I said the national con- may be worth relating that I took up a paper this morning fresh from ventions had spoken. · San Francisco, coming as soon as the fast train would bring it, and I Mr. HAMILTON. If the Senator will allow me, I did not say that; found there that the house of a lady moving in good society had been but I said nobody could fail to see it. burglarized and articles of the value of several hundred dollars stolen Mr. SARGENT. Very well, sir. Where is a great local mischief from her; tllat she set tlle det~cti ves ii1 search and found that the \ 4420·. CONGRESSIONAL RECORD-SENATE. JULY 6, culprit waa a Chinese servant in her employ. She had him prosecuted, this Senate will not act, except upon the fullest information in re- and on ample evidence he was convicted and sent to tho State's prison; gard to that matter. and thereupon she found it difficult to obtain any future Chinese We have been toldoftbe action ofpoliticalconventions. I understand servants, and they set a watch upon her house, and one morning when therepublicanconventionwentnofurthertbantogiveperhapsapledge all herfamily were gone except herself a Chinese entered and assaulted for an investigation into the character and effects of Chinese immi- her with a hatchet and left her for dead, in revenge for the offense gration. I suggest to my friend from California that the right way she )lad co~mitted in having their compatriot sent to the State's pris- to get hold of this thing-and without doing it I think he will never o:IfhrC\'PiS ·may be ~arded as ~very slight circumstance, perhaps; accomplish any result-will be for Congre s to appoint a committee ~~fA~ i:Jle infla.IQ.mable . ri.~tture of this population; I have my- OI: commission with ]lOWer to investigate the character, the extent, ·~tr~ , ·!a_~~~~htE§~.Dlly: commg m collis1qn W!th theu I do not doubt the statements made in the Senator's speech or in :p~;1ln~hwdilit~~~,' ~L.\~doten l#i)'dead upon the ground almost t.hat of the Senator from Oregon. But the country w1llnot act upon !if~ Jp:'U'(n\m.i;'P~~h~ 4liiilg& .oo.fmr iJl eur populous cities. . Are they that; they will want a full aml complete investigation of this mat- not E>Yild . ·~ JJ)rought.·fQrward· ilie testimony of medical men showing ter b~fore we ma.ke a treaty the object of which is to cut ofl' in whole the d~tructi_on of· the· health and morals of our children, of our boys or in part immigration from any foreign country. If this immigra.- nine and· twelve and fourteen years of age. I ask whether a system tion is of the. kind described by the Senators, if its effects are such as which is propagating these evils is to be endured forever simply he- they have told us, if it bas become so large as they predict, threatening cause we have declared that men are free and equal, because there to overwhelm the whole Pacific coast, let t.bat fact be established in a has been a certain sentimentalism which 11as ueen incorporated in our way to impress itself upon the whole country, and then the Govern- Constitution and lawst Have we so fettered ourselves that it is im- ment will t.ake action. Bnt I suggest to my friend from California possible for t18 to protect the body-politic against a great mischief, an that be will ne.ver get a treaty made and never get a treaty ratified evil coming in a new form, and where an emergency has arisen, and until the true cl;laracter of the whole q_uestion is so fully exposed and where three States are liable to be subverted under a black, nauseous so fully established th:!it the Government and the people will be will- :flood f I do not believe it; but I do not ask anything strange or ex- ing to act upon the matter. There is hardly time this morning, but t.r:tordinary in the resolution. I simply ask that, in conjunction with I believe I will offer a substitute for this resolution, asking Congress the other governments named, the United States Government may to appoint a commission or committee with power to examine this investigate this matter. whole matter and make a 1·eport at a. future time. That., I believe, Mr. HAMLIN. Mr. President, the question now before the Senate was the suggestion of the Cincinnati convention, if. I r~member cor- is one of very great moment, too vast in its proportions, it seems to rectly. me, for us to attempt to come to a determination upon it in a snudcn Mr. HOWE. Mr. President, I will say one word before the morn- and hasty debate like the present. I doubt not this body will bring ing hour expires-- • at the proper time to its consideration its calm, its most dellberate Mr. SARGENT. I hope we shall have a vote on something before judgment, and wi1l do that which shall be deemed best. In the ages the morning hour expires. I do not wish to interrupt my friend from of nat.ions it is but a day since we found this people with commercial Wisconsin, however. restrictions as invulnerable as the wall that separated their territory Mr. HOWE. I will not object to having a vote of some kind within from Tartary; and, in conjunction with England,.1Ve sent our Navy ten minutes from this time. It seems to me that the resolution laid to batter down those restrictions, and in the name··of civilization and upon the table aims at two very difterent objects and ends: one is to Christianity to demand that those restrictions should be obliterated. reform our treaties with China so as to restrict the importation of It is in my ~mind but yesterday that I listened to "that old man elo- labor from China and the other is so to reforru them as to restrict quent" in the other end of this Capitol when he declared that before the importation of crime. The two objects are very different and the Christianized nations of the world the United States and Great very dissimilar. Britain were justified in extending commerce and Christianity by the Mr. SARGENT. Is the Senator speaking of the substitute offered use of the Army and theNavyto break down t.hat system of restrictions by met which in long, uncounted ages had held that government aloof from Mr. HOWE. No; I did not know there was a substitute. Let the the Christianized nations of the world. pending resolution ue read. I have not any recollection now, I do not call to my mind that one The PRESIDENT pro tempore. The S.e cretary will report the modi- word was said of forcing opium upon them as an article of commerce fied resolution as Rubstitutetl by the Senator from California. that we as well as England carried there in ships; but it was upvn The Chief Clerk read as foUows : the high ground of elevating man, of extending commerce, of spread- Resolved, That in the opinion of the Senate negotiations should be entered upon ing Christianity to the heathen of that country; and it was upon t·hat with the governments of China and Great Britain to ell'ect such changes in exist. ground alone that it was justified. Now, there may have followed, I ing treaties as will tend to check the great influx of Chinese coolies anu criminals doubt not there have followed, great evils to which the Senator from to this country. California has invited our attention, and they are evils that will de- Mr. HOWE. It is to that proposition I am speaking. I under- mand our careful consideration and our sober judg11lent; but they are stand a Chinese cooly to be a very different thing from a Chinese not to be settled uy the adoption of an abstract resolution like that criminal. which is now before this body; and I repeat what I said here a year Mr. SARGENT. They are slaves and criminals. Do we want a ago or more upon this subject, thn,t I do not think it belongs to the country of slaves f ·w e have got rid of slavery in one form. Senate to indicate to the Executive what it ought or what it ought Mr. HOWE. I did not understand the substitute to refer to slaves not to do in its negotiation of treaties with foreign powers. l cannot ~ill . call such· a case to my mind; and I have sougM the information of Mr. SARGENT. It does. Senators around me and they are at fault as well as myself, or rather MJ;". HOWE. I find no such word in it, no equivalent to it, no syno- they are unable to give any information which I do not possess. I nym for it. If I understand what is meant by a cooly it is a mere do not call to my mill(l a single instance since we have been a gov- hired laborer, and they are found in different countries. It is not n,n ernment where the Senate bas sought to indicate to the Executive, English word, but it means an English thing; nay, it means an Amer- certainly in a legislative capacity, what ought to be the rules in re- ican thing, for if there is anything that is American it is labor. lat.ion to treaties which be may negotiate. Is it not rather a usurpa.- Mr. SARGENT. It means nothing of t.he kind. It does not mean tion of the powers that belong to the Executive instead of to us f mere labor. It means those persons who sell themselves for a term Ours is the duty of ratifying treaties; it is the duty of the Executive of years and are brought to work out their contracts in America, to negotiate them. And do we not tread outside of the legitimate du- and Peru, and Macao, and Manila, and Cuba, a system in all of its ties that are imposed upon us, and do we not make ourselves obnox- features worse than the African slave trade. ious, in a legislative capacity too, treading upon that line of duties Mr. HOWE. What is the Senator's authority for that definition T which belongs to the Executive, if we seek to indicate in a.avanca Mr. SARGENT. All the authorities in the matter; Mr. Bailey, our what should be the proYisions of a treaty. consul at Hong-Kong, notably among others. I know very well that when a treaty shall have been negotiated Mr. HOWE. I took the pains, before I ventured to form an opinion and submitted to us for our ratification the amending power is with myselfrto refer to the biggest dictionary I could find in the Capitol. ns, and we may so change it as to make it what we think it should Mr. Worcester gives t.he very definition I give to it. But I think be- be; but indicating to the Executive 1 I think, is rather a reflection fore we rush a proposition of this kind through the Senate without upon the Executive, and is doing a duty that does not belong to us. any reference t.o any committee there should be at least a common I repeat again that this is too broad a question, a question of too understanding in the Senate as to what the words employed in the mucp. moment for us to discuss here, and I think the passage of an resolution mean. abstract resolution like this is entirely out of place. Mr. SARGENT. My friend will allow me a moment. He certainly Mr. MORTON. Mr. President, I was strongly impressed with the cannot complain of the want of a reference to a committee. He is on statements made by the Senator from California and the Senator a committee on which for two or three years this subject has been from Oregon some time ago in rogard to the extent and character and earnestly pressed by myself and by the people of California, and wit h- effects of Chine e immigration. But as this resolution looks to a out the slightest result to this moment; and now I am complainell of treaty which is somewhat in violation of the traditions and the policy because I simply ask that the Executive may take the matter in charge of this country in regard to foreign immigration, I would say to the and see if something cannot be done. Senator from California and t.o the other Senators from the Pacific 1t1r. HOWE. I am obliged to differ with my friend from California coast that I am satisfied the· Executive will not act, I am satisfied even on that proposition. This has not ueen uefore the Committee 1876. CONGRESSIONAL RECORD-HOUSE. 4421 on Foreign Relations, and nothing like it as I understood. But I am Mr. SARGENT. I will; because I think investigation will be use- not complaining of the Senator for not letting btl:! proposition be re- ful. I desire investigation. ferred to the Committee on Foreign Relations. Upon those two The PRESIDENT p~·o ternpm·e. The question is on the reference points I am at odds with the Senator from California. I do complain to the Committee on Foreign Relations. that the Senator should insist upon having a resolution go through Mr. SARGENT. I am willing a vote should be taken by the sound. this body in the morning hour without a reference to any committee Mr. EDMUNDS. The yea~ and nays have been ordered. LE}t them whatever which employs terms upon the defi11ition of which SE\na.- be taken. .' ,;..,. < tors are disagreed and according to him the aut.horities are disagreed. Mr. SARGENT. Very well. ;: .. · : . : ,, :: ./;, . ,. : ;_ \~·~,. Mr. SARGENT. If I had the slightest hope of getting a report The questi~n ~eing taken by yea.s ~q pays,Ieaul~d7yeas l_6,llays from his committee, I should consent to sending it there with IileaR- 32; as follows: . _. ,. 1;. • • •• ~- •·• , 1"41( -1· ure; but I have not a hope of that; and experience shows me that such YEA.S-.M~ssrs. Alco~, Allison~ Anthony; Davis, Dennis,~ Edmunqs : ~e!ing­ a hope would be baseless. huyson, Ha~ton, McMtllan 1 Merrtmon, M011'ill of Vermont, Norwood, P~t.Wrson, Saulsbury, Withers, and Wrtght-16. • Mr. HOWE. I will not undertake to defend the Committee on T NAYS-Messrs. Bogy, Booth, Cameron of Wisconsin, Caperton, Christia;Icy • ..: Foreign Relations this morning. I think that criticism, however, is Cockrell Qoukling, Cooper, Dawes, Dorsey, Eaton, Ferry, Goldthwaite. Hamli.D: not at all deserved by the committee. It certainly cannot be abused Harvey, HJtcltcoclC, Howe, Ingalls, JouesofNevada, Kelly, Kernan, Key, McCreery for not ha.vin~J reported a subject that never has been referred to it. McDonald, Mitchell, Morton, Paddock, Ransom, Sargent, Spencer, Wadleigh, and But I pronnsed the Senator to let him take a vote before twelve Wallace-32. ABSENT-Messrs. Barnum, Bayard, Boutwell, Bruce, Burnside Cameron of o'clock, and therefore I will co1,1tinue these remarks no further. I Pennsylvania, Clayton, Conover; Cragin, Gordon, Johnston, Jones of Floritla, Lo- should make no difficulty, however, about recommending to the ex- gan, Maxey, Morrill of Maine, Oglesby, Randolph, Robertson, Sharon, Sherman, Ste- ecutive department such a revision of our treaties as will restrict the venson, Thurman, West, Whyte, and Windom-25. importation of crinrinals; but wh~n it comes to restricting the im- So the motion to refer was not agreed to. portation of labor it is a very difterent thing, and I should want to Mr. SARGENT. I accept the substitute of the Senator from Indi- consider that subject before I consented to give the Executive a hint ana, and ask that we have a vote upon it. upon it. The PRESIDENT pro tempore. Is there objection to further action, Mr. SARGENT. I ask for the yeas and nays. the morning hour having expired Y The Chair hears no objection to Mr. MORTON. Is it in order to offer an amendment to the substi- ext-ending t.he time. The-Senator from California. accepts the amend- tutef ment of the Senator from Indiana. The Secretary will report the The PRESIDENT pro tem-pore. It is. The Senator from California resolution as·it now stands. modified the resolution by a substitute. The Chief Clerk read as follows: Mr. MORTON. I wish to offer a substitute for that. &solved, That a committee of three Senators be appointed to investirte the Mr. EDMUNDS. I thought there was a motion to refer. character, extent, and effect of Chinese immigration to this country wit power The PRESIDENT pro tempore. There is a motion to refer, and that to visit the Pacific coast !or that purpose, and to send for persoll8 IUld papers, and motion is pending. No amendment can be attached to the substitute, to report at the next session of Congress. as there is a motion pending to commit. The resolution was agreed to. Mr. EDMUNDS. I do not object to its being submitted, to be re- By unanimous consent, the President pro tempore was a.nthori2Jed to ferred with the resolution. appoint the committee. The PRESIDENT pro tempore. So the Chair understood, and he TELEGRAPHIC COMMUNICATION WITH ASIA. was about to direct the amendment of the Senator from Indiana to be read. Mr. DAWES. I enter a motion to reconsider the vote by which The CHIEF CLERK. The amendment is to strike out all after the the bill (S. No. 89"2) to encourage and promote telegraphic cqmmuni- word "resolved " and insert : cation between American and Asia passed the Senat-e yesterday. That a committee of three Senatore be appointed to investigate the character, The PRESIDENT pro ternpore. The motion to reconsider will be extent, and effect of Chinese immigration to this country1 with power to visit the entered. Pacific coast for that purpose, and to send for persons ann papers, and to report at WITHDRAWAL OF PAPERS. the next session of Congress. On motion of Mr. ·wRIGHT, it was Mr. SARGENT. I should be willing to take that resolution. Ordered, That James Tebault and others be allowed to withdraw the papers re- The PRESIDENT pro tempore. Does the Senator from Vermont lating to their claim from the files of the Senate on leaving copies. objectT IMPEACHMENT OF W. W. BELKNAP. Mr. EDMUNDS. I think this subject, as I have stated over and The PRESIDENT pro tempol'e. The hour of twelve o'clock havin(J' over again, ought to go to the committee in the regular way, and they can report this substitute if they think it is right in form. I do not arrived, pursuant to the order of the Senate made on June 19, th~ know that there is any objection to it, and I do not know but that legislative and executive business of the Senate will be suspended, and there is; but this subject I have said and still · believe should go to the Senate will proceed to the consideration of the articles of im- peachment exhibited by the House of Representatives against Will- the committee. The PRE~IDENT pro ternpore. The Senator from Vermont moves iam "r· Belknap, late Secretary of War. The Senate then proceeded to the trial of the impeachment of to refer the resolution of the Senator from California to the Commit- tee on Foreign Relat.ions. On that qu~stion the Senator from Cali- William W. Belknap, late Secretary of War. fornia has asked for the yeas and nays. The Senate sitting for the trial of the impeachment of William W. The yeas and nays were ordered. Belknap having adjourned then resumed its Mr. ANTHONY. Does the amendment go to the committee with LEGISLATIVE SESSION. the resolution f The PRESIDENT pro tempore. The Senate resumes its legislativo The PRESIDENT pro tempore. It does not. It has been read for information. and executive business. Mr. ANTHONY. Does the Senat.or from Vermont object to its going .Mr. SARGENT. I move that when the Senate adjourn it be to to the committee T meet at eleven o'clock to-morrow. The PRESIDENT pro tempore. That is what the Chair a~ked the The motion was agreed to. Senator from Vermont. 1\lr:HOWE. I move that the Senate adjourn. Mr. ANTHONY. I understand the Senator from Vermont does not The motion was agreed to; and (at five o'clock and twenty-seven object. minutes p.m.) the Senate adjourned. Mr. EDMUNDS. I understood the Chair t.o ask me whether I as- sented to the proposition to have this substitute accepted in lieu of the motion of the Senator from California. I did not assent to that; but I thought I saiu that I had no objection to the substitute going with the resolution to the committee if the subject was referred at HOUSE OF REPRESENTATIVES. all. The PRESIDENT pro tempore. This motion to refer, thon, will be . THURSDAY, July 6, 1876. understood to cover the proposition of the Senator from Indiana. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. The motion is to' refer the resolution and proposed substitute to the I. L. TOWNSE~'1>. Comnrittee on Foreign Relations. The Journal of yesterday was read and approved. Mr. HOWE. I beg to know whether the Senator from California MESSAGE FROM THE SENATE. ha~ or has not accepted the substitute offered by the Senator from Indianaf .A. message from the Senate, by Mr. SYMPSON, one of its clerks, in- .Mr. SARGENT. It is not in my power to do that pending thg mo- formed the House that the Senate was ready to proceed upon the im- tion to refer to the committee. I would accept it if I had an oppor- peachment of William W. Belknap and to rece1ve the managers on tunity. the part of the House, and that the Senate Chamber was prepared The PRESIDENT pro tempo1·e. The Chair submitted that to the with accommodations for the reception of the House of Representa- Senator from Vermont, and he objected. tives. Mr. HOWE. Then I shall vote against this motion to refer, having ORDER OF BUSINESS. the distinct intimation that the Senator from California will accept Mr. LORD. I call for the regular order. . the substitute. .Mr. VANCE, of North Carolina. I hope the gentleman will yiel~ 4422 CONGR.ESSIONAL RECORD-HOUSE. JULY 6, to me-fot a few moments that I ma.y ask unanimous consent to take Moyne Lynch, Lynde, Edmund W. M. Mackey, Magoon, McMahon, Metcalfe, from the Speaker's table and put upon its pn.ssage the bill (S. N?· 846) Monro~, :Mutchler, Nash, Neal, Odell, O'Neill,,Page, Parsons, William A. Phillips, Pratt, Pnrman, Rainey, Savage, 8ayler, Schleicher, Schumaker, Sheakley, ~malls, to punish the counterfeiting of trade-mark goods, and tho selling (If Willia,m E. Smith, Stowell, Swann, Tee e, Thomas, Throckmorton. Washin!!;ton dealing in of trade-mark counterfeit goods. Townsend Tucker Turney, Charles C. B. Walker, Walsh, Ward, Wheeler, \\!;bite- Mr. LORD. I cannot yield for that purpose. There are roaaons house, Whltthorne: Andrew Williams Alpheus S. Williams, Charles G. Wilfiams, James Willia,ms, Wilshire, Alan Wood,jr., Fernando ·wood, Woodburn, and Wood- for my insisting on the regular order. I have to go over to the worth-103. Senate. So the substitute was rejected. The SPEAKER pro tentp01·e. The regular order is the u.n!llished During the vote, business of yesterday being the vote on the Geueva award bill. .Mr. TUCKER stated that he was paired with Mr. 'VILLIA.11IS, of l\1r. LORD. Befor~ the reCTuln.r mder is proceeded with, I desire to ofl'er a resolution in connecti~n with the impeachment trial. New York, who, if present, would vote "no," while he would vote Mr. VANCE, of North Carolina. Is that resolution the regular "ay." ~ll:. HURLBUT stated that he wa.s paired with Mr. LYNDE, who orderf was absent by order of the House and who, if present, would vote iu The SPEAKER pro ternpm·e. It is a privileged resolution. the affirmative, while he would vote in the negative. lliPEA.CH~IENT OF WILLIAM W. BELKNAP. Mr. MONROE stated that he was paired wit,h Mr. WARD, who, if Mr. LORD. I offer the following resolution: present, would vote in the affirmative, while he would vote in the Be.solved That the Clerk of this H9use, on the request of the managers to conduct negative. the impe~hmentagainst William W. Belknap, appear before the Senate sitting as Mr. STRAIT stated that Mr. Drc BOLT was absent on a-ccount of a. court of impeachment witb. such papers of the House as the managers may re· sickness. quire and that the members of the Committee on Expenditures in the War De- Mr. PAGE stated that he was paired with Mr. BAss, who, if present, pa~ent have permission to appear anu testify in such court in regard to such im- peachment, and to produce snell papers in relation thereto as the managers may would vote in the affirmative, while he would vote in the negative. require. The vote was then announced as above recorded. The resolution was adopted. Mr HOLMAN. I move to lay the bill on the table. Mr. LORO. I think that motion will be withdrawn. GENEVA AWARD. 1\fr. HOLMAN. I think it is a fair motion to test the sense of the The SPEAKER pro tempox, Terry, Thornburg~. John L. Vance, ~bert B. Van.ce,\Vad~e!J, Waldt·~n, of any insurance ccmpany or msorer, either ill Its or his own n~ht. or. as assignee Wallin~, ErastuaWells, Willard, James D. Williams, Jer~nuah N.Williams, Willis, or otherwise in the rirrht of a person or pat·tv insured, unless su~ claimant shall and Be~jamin Wilson-96. show to the satisfaction of said court tltat tluri.ng the late rebellion the sum of its NAYS-Messrs. Ba~by, John H. Bagley, jr., John H. Baker, William H. Baker, orbis losses in respect to its or his wa.r risks ex~.:eetle~ the sum. of its or his pre- Banning, Bradley, William R. Brown, Horatio C. Bu~chard, Samuel D. Burch~rd, miums or other gains upon or in respect to such warnsk ; and ill case of any such Borlei..,h, Campbell, Cason, Caswell, Caulfield, Chittenden, Cochl'ane, Colhns, allowance, the samo Rhall not be greater than such excess of loss," be, and t_he same Conge;, Crapo, Crounse, Cutler, Davis, Davy, Dobbins, Dunnell, Eames, Ellis, i11 l1ereby, repealed. Evans, Finley, Fort, Foster, Gib on, Q.Qod~~ Ha~e, Haral~on, Benjamin W. Hardi, SEC. 2. ',I.'hat any c~aima'"!t ~xclud.ed by the provi~ion hereby rep~aled sh!l'll ha.ve Harrison Hendee, Henderson, .Abram S. .Hewitt, Hopkins, House, Hunter, Hun· the like period of time w1thin wluch to present, tile, and {>rove Its or h18 claun ton, Hurlbut, Jenks, Frank Jones, Joyce,~. Kasson, Kelley, Kimball, Lapham, Levy, after the passa.ge of tllis amendment; as be cnulu have ha.d after tho passage of the Lord, Luttrell, Maish, M:wDou~all, ~cl!rary, McD~ll •. Mea~e, Mille~, Norton, 0&- sa.id act if not so ox:cluded. And tho time of the duration of the court created by ver, O'Neill, Page, Payne, PheLps, Willia.m A. Phillips, Piper, Plaist.ed, Popple· the said act, and its powers, aru hereby extended for a. period sufficient to enable t-on, Potter, Powell, Pratt, Randall, Rea, John Reilly, James B. Reilly, Rice, Ridule, it to hear and dispose of such adtlitioual olaimR and the claims already referred to John Robbins, Robinson, Sobieski Ross, Rusk, Sampson, Schleicher, Seelye, Sin- it; which peiiod shall not exceed one year from the expiration of the time for Dickson, Southard, Strait, Stenger, Stevenson, Swann, Thompson, .Martin I. Town- filing claims under this section. send, Washin!rton Townsend, 'rufts, Van Vorhes, Gilbert C. Walker, Alexander The question being taken on agreeing to the substit.nte, there S. Wallace, Warren,.~· Wiley Wells •. 1Yhite, "\Y~itin~1 W?U~thorne, Wigg~nton, Wike, AlpheusS. Williams, James Wi.l.lia.ms, William.J:S. Williams, James Wilson, were-ayes 21, noes 95. Yeates, and Young-113: Mr. KNOTT. I call for the yeas and nays. NOT VOTING-Messrs. BaJ.lou, Banks, Bass, Beebe, Blaine, Blair, Bliss, John The question being taken on ordering the yeas and nays, there Young Brown, Cate, Chapin, Danford, DarraH, De Bo1t, Denison, Durham, Eden, were-ayes 25, noes 2~. Egbert, Ely, Franklin, Free~an, Frost, Frye, Glover, ~drew H ..Hamilton, Rob- ert. Hamilton, John T. Harr18, Hays, Hereford, Golclsnuth W. Hew1tt, Hoar~r Hoge, So (the affirmative being more than one.fifth of the whole vote) the Hoskins. Hurd, Hyman, Kehr, King, George M . Landers, Lane, LeMoyne, .Lynch, yeas and nays were ordered. Lynde, Edmund w. M. Mackey, Magoon, McMahon, Metcalfe, Momoe, Mutchler, Mr. WALLING. I aak that the substitute may be again reported. Na:sh, Neal, Odell, Parsons, Pnrman,Rainey, Roberts, Miles Ross, Savage, Sayler, The substitut!3 was again read. Schumaker Sheakley, Smalls, William E. Smith, Teese, Thomas, Throckmorton, Tucker, Thrney, Wait,, Charles C.. ~· Walker, John W. :W?lll:we, "\Yal~b, Ward, ·The question was taken; and there were-yeas 35, nays 151,· not Wheeler, Whitehouse, Andrew Williams, Charles G. "\Yilliams, Wilshire, .Alan voting 103; as follows : Wood, jr., Fernando Wood, Woodburn, and Woodworth-~0. YEAS-Messrs. Ashe, Atkins, Bla.ckbnrn, Blount, Boone, Buckner, John B. So the House refused to lay the bill on the table. Clarke of Kentucky, Clymer, Cox, Davis, Do~las, Garfield, Hancock, Hardenbergh, Hathorn, Hubbell, Thomas L. Jones, Kehr, .I:Ulott, Lamiir, Leavenwllrth, Milliken, During the vote, · Mills, Money, Pierce, Platt, Reagan, William M. l{obbins, Scales, Slemons, Spen· Mr. MONROE stated that he was paired with ~fr. WARD, who, if cer, Robert B. Vance, Waldron, John W. Wallace, and Willis-35. present, would vote in the affirmative, while he would vote in the NAYS-Messrs . .Adams, .Ainsworth, AndeTson,.Bagby, John H. Bagley,jr.,John negative. H. Baker, William H. Baker, Bannin~& Bell, Bland, Brailford, Bradley, William R. Brown, Horatio C. Borchard, Samuelv. Burchard, Cabell, John H. Caldwell, Will- Mr. HARDENBERGH stated that his colleague, Mr. HAMILTON, iam P. Caldwell. Campbell, Cannon, Cason, Caswell, Caulfield, John B. Clark, jr., was paired with .Mr. LYNCH. of Missouri, Cochrane, Con~r, Cook, Cowan, Crounse, Culberson, Cutler, Dibrell, 1\Ir. HENDEE stated that his colleague, Mr. DEmsos, wa-s con- Dobbins, Dunnell, Eames, J!.illis, Evans, Faulkner Felton, Finl11y, Forney, Fort, Foster, Gause, Gibson, Goode, Goodin, Gunter, H~e, Haralson, Henry R. Harris, fined to his house l>y sickness. Harrison, Hartridge, Hartzell, Hatcher, Haymoncl, Hereford, .Abram S. Hewitt, The vote was then announced as above recorded. Holman, Hooker, Hopkins, House, Hunter, Hunton, Jenks, Joyce, Kasson, Kelley, The l>ill was ordered to be engrossed and read a third time ; and Kimball, Franklin Landers, Lapham, Lawrence, Levy, Lewitl, Lord, Luttrell, L. being engros ed, it was accordingly read the third time. A. Mackey, Maish, MacDougall. McCrary, McDill, McFarland. Meade, Miller, Mor- gan, Morrison, New, Norton, O'Brien, OJ.h·er, Packer, Payne, Pllelps, John F. Phil- 1\Ir. LORD demanded the prev10us question on th~ passage of the Ips. Piper, Plaist.ed, Poppleton, Potter, Powell, Randall, Rea., John Reilly, James bill. B. Reilly, Rice, Riddle, John Robbins, Roberts, Robinson, Mil~ Ross, Sobieski RIJss, Mr. HOLMAN. I riee to a parliamentary inquiry. If the previous Rusk, &impson, Seelye, Singlet()n, Sinnickson, A. Herr Smith, Southard, Sparks, question is not sustained, will it not then be in order to recommit Sprinl!er, Str:rit, Stenger, Stevenson, St()ne, Tarbox, Terry, Thom_pson, Thornburgh, Martin I. Townseml, Tufts,Van Vorhes, Jolm L. Vance, Wad1lell, Wait, Gilbert C. the billf 'Valker, Alexander S. Wallace, Walling, Warren, Erastus Wells, G. Wiley Wells, The SPEAKER 1n·o tempore. It will. White, Whitin~, Wigginton, Wike, Willard, James D. Williams, Jeremiah N. 1\fr. HOLMAN. Then I give notice if the previous question is not Williams, William B. Wil.lia.ms, Benjamin Wilson, James Wilson, Yeates, and seconded I will make that motion. Young-151. NOT VOTING-Messrs. Goorrre A. Ba..,ley, Bailon, Banks, Bass, Beebe, Blaine, The House dividod; and there were-ayes 67, noe,g 65; no quorum Blair, Bliss, Bright, John Young'Brown, :fiorleigh, Candler, Ca.te, Chapin, Chitten- voting. den, Collins, Crapo, Danford, Darrall, Davy, De Bolt, Denison, Dorand, Durham, Tho SPEAKER pro ternpore appointed Mr. HoLMAN and Mr. LORD Eden, Egbert, Ely, Franklin, Freeman, Frost, Frye, Fuller, Glover, Andrew II. as tellers. Hamilton, Robert Hamilton, Benjamin W. Harris, John T. Harris, Hays, Hendee, Henderson, Henkle, Goldsmith W. Hewitt, Hill, Hoar, Hoge, Hoskins, Hurd, The House again divided; and the tellers reported-ayes 94, noes G5. Ilorlbut., Hyman, Frank ,Jones, Ketcham, King, George M. Landers, Lane, Le S(\ the previous question was seconded. 1876. I CONGRESSIONAL RECORD-HOUSE. \ 4423 The main question was then ordered to be put. GENEVA AWARD. Mr. HALE moved to reconsider the vote by which the main ques- Mr. LORD. I ask unanimous consent of the House to make a state- tion was ordered to be put; and also moved that the motion to ment in justice to the gentleman from Mississippi, [Mr. WELLS,] who reconsider be laid on the table. introduced a substitute for the bill of the majority striking out the The latter motion was agreed to. insurance companies and putting the balance of the fund into the The ~uestion next recurred on tho passage of the bill. Treasury. The amendment of Mr. JENKS was adopted, which was Mr. HALE demanded the yeas and nays. substantially the same as the substitute offered by the gentleman The yeas anu nays were oruered. from Missi sippi [:Mr. WELLS] for the whole bill. I make this state- The qn~stion was taken; and it was decided in the affirmative- ment in justice to Mr. WELLS, who wa.s the first to inh·oduce_the bill yeas 107, _nays 96, not voting 8G; as followiS: striking out the insurance companies and putting the ba.lance of the YEAS-Messrs. Ba.p:by, John H. Bagley,J·r., John H. Baker, Banning, Bell, Bracl- fund into the Treasury. ley, William R.Brown, Horatio C. Burchn.r , Samuel D. Burchard, Burleigh, Camp- LEGI.SLATIVE, ETC., APPROPRIATION BILL. bell, Cason, Ca.., well, Caullield, Conget·, Cowan, Crapo, CrounRe, Dobbins, Dunnell, Eames, Ellis, E\Tans, Finley, Fort, Foster, Hale, Haralson, Benjamin W. Harris, Mr. RANDALL. I snbmit a report from the committee of confer- Harrison, Haymond, llonrlee, Hereford, Abram S. Hemtt, Hopkins, Hunter, ence on the legislative, &c., appropriation bill, and I desire to ask Hunton, Jenks. Fmnk Jones, Joyce, Kasson, Kclle.v, Ketcham, Kimball. Lapham, the previous question upon it; but before doing so I wish to make Levy, Lord, Luttrell, Maish, M.n.cDou•Tall, McCrary, McDill, Meade, Miller. Mor- p:an, Norton, O'Brien, Oliver, O'Keill, Payne, Phelps, William A. Phillips, Piper, the stat.ement that after the previous question is sustained I will Plai ted. Poppleton, Potter, Powell, Pratt. Randall, Re:l., John Reilly, James B. yield the tloor for any questions that gentlemen desire to put or for Reill.v, Rice, Riddle, John Robbins, Robinson, Sobioski Ross, Rusk, Sampson, debate within the limit of one hour. Schleicher, Seel~e, Sinnickson, Smalls, Strait, Stenger, Stevenson, Stowell ThomP.- The Clerk read the report, as follows: son, Martin L Townsend, Washin_!!t{)n Townsend, Tufts, Van Vorhes, Wait, Gtl- Lort C. Walker. Alexander S. Wallace, John W. Wallace, Warren, G. Wiley The committee of conference on the 1lisagreeing votes of the two Houses on the W ells, White, Whiting, Wigginton, Wik~>, AJphens S. Williams, James Williams, amendments of tho Senate to the bill (H. R. No. 2571) making appropriations for William B. Williams, James Wilson. and Yootes-107. the legislative. executive, and judicial departments of the Government for the NAYS-Messrs. Adams. Ainsworth, Anderson, Ashe. Atkins, George A. Ba.,.ley, fiscal year ending June 30, 1B77, and for other purposes, having met, after full and William H. Baker, lllaokburn, Bland, Blount, Boone, Bradford, Buckner, Cabell, free conference, have been unable to agree. John H. Caldwel~ William P. Caldwell, Candle1·, Cannon, John B. Clar~of Ken- SA.ML. J. RANDALL. tucky, John B. Clark. jr.. of Missouri, C4rroer, Cochrane, Cook, Culberson Cutler, OTHO R. SINGLETON, Davy, Dibrell, Douglas, Durand, Faulkner. Felton, Forn.,y, Fuller, Garfield', Gause, CHARLES :F'OSTER, . Gibson, Goodin, Gunter, IIancock, Hardenhor,f!'h, Henrv R. Harris. Hartridgo, IIart- Manag~rs on the pa1·t of the HotUJe. ZP,ll, Hatcher, Hathorn, Hendm·son, Hill, Holman, Hooker, HuLbell, Thomas L. LOT M. MORRILL, Jones, Kehr, Knott, Lamar. Franklin Landers, Lawrence, Leavenworth, Lewis, L. WM. WINDOM, A. Mackey, McFarland, Milliken. Mills, Money, Morrison, New, Packer, John F. R. E. WITHERS, Philips, Pierce, Platt, Reagan, William M. RobbinR, Miles Ros , Scales, Singleton, Managers on tM part of the Senate. Sl.,mons. A. Herr Smith, "William E. Smith, Southard, Sparks, Spencer, Sprin .~er, Stone, Tarbox, Terry, Thornburgh, John L. Vance, Robert B. Vance, Waddell, Mr. RANDALL. I withdraw the call for the previous question for Waldron, Wallin~. Erastus Wells, Willard, Jeremiah N. Williatus, Willis, Benja- a moment. min Wilson, and Yoong-~6. . Mr. BURCHARD, of Tilinois. I understancl that the gentleman pro- NO'.r VOTING-M&~srs. Ballou, BankR, Bass, Beebe, Blaine, Blair, Bliss, Bright, poses to occupy the hour allotted to him under the rules, and yield John Yon~!.~ Brown, Cate, Chapin, Chittenden, Collins, Cox, Danford, DarraH, Davis, De .llolt, Dcni on, Durham, Eden, Egbert, Ely, Franklin, Freeman, Frost, a portion of the time to this side of the Hou8e. Frye, Glover, Goodt', Andrew H, Hamilton. Robert Hamilton, John T. Har- .Mr. RANDALL. I did not propose to occupy the full hour, bnt ris, Hays, Henkle, Goldsmith W. Hewitt, Hoar, Hoge, Hoskins, House, Hurd, only to occupy so much time as we acquaint the House with the cir- Hurlbut, Hyma..r, King, George M. Landers, Lane, LeMoyne, Lynch, Lynde, Ed- cumstances connected with this report. The Senate desired to have muncl W. M. Ma.ckey, Magoon, McMahon, Metcalfo, Monroe, Mutchler, Nash, Neal, Odell, Page, Parson!'!, Purruan, Rainey, Roberts, Savage, Sayler, Schumaker, Sheak- this report retnrned to them as speedily as possible for reasons which ley, Swann, Teese, Thomas, Throckmorton, Tucker, Turney, CharlesC. B. ·walker, may hereafter appear. Walsh, Ward, Wheeler. Whitehom>e, Wbitthcrne, Antlrew Williams. Charles G. Mr. BURCHARD, of illinois. Then I und~rstand that the gentle- Williaml'l, James D. Williams, ·wilshire, Alan Wood, jr., Fernando Wood, Wood- burn, and Woodworth-86. man will yield a portion of tho time to this ~>ide of the Honse. • So the bill was passed. :M:r. RANDALL. I mean to be fair in all respects. I withdraw tho During the roll-call the following a.nnouncements were made: demand for the previous question and hold the floor in my own right, Mr. TUCKER. I am paired upon this question with :Mr. WILU~MS, and I desire to submit and have the Clerk read what I send to the of New York. If he were here he would vote " ay," and I would vote desk, which is au offer made by the Senate conferees to the Honse "no." conferees at their meeting t.his morning. Mr. HURLBUT: I am paired upon this question with the gentle- The Clerk read as follows : man from Wisconsin, Mr. LYNDE. If he were here he would voto The committee of conference on the part of the Senate submit that as anything "no," and I would vote "ay." like a just and intelligent adjustment of the salaries of the emplo:vlis, clerks. heads of bureaus, chiefs of divisions and of the subdivisions of the Executive Depart- Mr. MONROE. I am paired upon this question with Mr. WAUD, menta, a service at once extended and cliversifieu, must necessarily involve a crit- from New York. If be were present he would vote" no," and I would ical antllabotious examination int~ its details and duties, an undertaking quite im- vote" ay." practicable in the last days of a session of Congress, and unwise to attempt in con- nection with an appropriation bill, the committee therefore propose, as a conces- Mr. EAMES. I desire to announce that my colleague, Mr. BALLOU, sion. iu order to meet the views ot the House on the su~ject of appropriatiOns for is absent by leave of the House. If present he would vote "ay." the salades, that the SOilate will reoetle from its amendments to the Uill of the Mr. PAGE. tarn paired upon this bill with Mr. BA.Bs, of New York. House in this respect, and r emit tho question of tho revision and adjustment If he were present he would vote "no," and I would vote "ay." of the same to ajomt select committee of four, two of whom shall boafpointed by the presiclin~ officer of ea.ch House, whose duty it shall be to revise ant adjust the The result of the vote was then announced as above recorded. salaries, havmg due regard to a ,just public economy and the efficiency of the serv- Mr. LORD moved to reconsider the vote by which the bill was ice, and make rP.port of their domg therein on the first dav of the next session of passed; and also moved that the motion to reconsider be laid on the Congress: And provided, That any change made in said salaries by Congress upon table. said report shall take effect from the 1st tlay of July. 1876; and all persons who shall be affected thereby and who shall continue in the service shall be deemed The latter motion was agreed to. to ha>e accepted the terms hereof and acquiesced therein. Bnt the Senate cannot, having regard to its constitutional rights and duties as a ORDER OF BUSINESS. co-ordinate branch of the legislative department of the Government, aasent to the changes in the existing law that it believes to be pernicious as tho price of secur- The SPEAKER pro tempore. The Chair will state that the regular inp: appropriations necessary to r.arry on the 011erations of the Government under order is the morning hour and the call of committees for reports of a the laws as they now exist. And upon the same principle the Senate does not de- public nature. [Cries of "Regular order."] mand that the House of Representatives shall >ote to appropriate any moneylltwen Mr. LAWRENCE. I rise to a privileged question. On the 7th of to meet the legal obligations of the U uit~d States, that the House may feel it to be its duty to refuse; thus leaving t,o each House absolute independence in respect of June the bi11 (H. R. No. 3672) to amend the act approved July 2,1864, acceding or not acceding to new provisions of law that it believes to be unwise. entitled "An act to amend an act entitled 'An act to aid in the con- And the committee further submit that tho Senate will recede from its amend· struction of a railroad and telegraph line from the Missouri River to menta to tho House amendments on the reduction of the civil list in the Executiv& the Pacific Ocean, and to secure to the Government the use of the D~artment-s of clerks and employes, and agree to any amendments which shalf ~~c~ ~~~~hl~:~: ~::;.!~~ oT:!~h !~~~~mUa~o n ~~:~~h:e~d:~£· th~ :~-:!ife 1: 0 0 0 8 same for postal, military, and other purposes,' approved J u1y 1, 1862," and other acts in relation to the railroad companies therein named, the several subdivisions thereof as a. careful examination of the same may indi was reported to the House and recommitt.ed to the Judiciary Com- cate.. mittee, and on the next day I entered a motion to reconsider tho vote Mr. RANDALL. Mr. Speaker, the proposition of the Senate in itf' by which the bill was recommitted to the Committee on the Judiciary. practical effect is just this: They accept the amount of money which I now call up for consideration that motion, which take precedence of the House proposes to appropriate on account of salaries as they ar6 the mornin~ hour. now fixed bylaw, which would leave open to future settlement acon- _:Mr. RANDALL. I hope the gentleman will yield to me to make a troversy which won ld arise at once between the clerks and other em· report from the committee of conference on the legislati've, &c., ap- ployes provided for in this bill and the Government; in other words, propriation bill. it would. leave a claim on the Government for the balance of an ap~ The SPEAKER pro tempore. That is at all times in order. propriation, being the difforence in the amount between the S1111l81 Mr. RANDALL. I know that, but I do not desire to take the gen- which we give in this bill and the sums a provided for by existing tleman from Ohio off the floor if he will yield to me. law. It places the Honse iu the position of refusing to make appro· Mr. BURCHARD, of Illinois. I reserve the right. to raise the qnes- priatioDM more than we believe to be sufficient for· the present yea, wn of consideration on the bill of the gentlema:q. from Ollio. n.nd throws the controversy into the future .. r 4424 CONGRESSIONAL RECORD-HOUSE. JULY 6, Mr. HALE. Will the gentleman allow me one question f Mr. RANDALL. Certainly not. Mr. RANDALL. I will in a moment. Our proposition was this: We l'Ylr. CANNON, of Illinois. I wish to state for the information of proposed to fix the salaries as provided for for this year in·the words the gentleman that the change in the salaries of postmaaters from of the sections which I send to the Clerk's desk in lieu of the second what they were under the legislation of June 23, 1874, the re-adjust- section of the bill as it originally passed the House. We make the ment of which under that act would have been made as of the 1st of salaries fixed in this bill the permanent salaries of the officers to J nly this year by the conference post-office appropriation bill' passed whom it relates. on yesterday, inst.ead of being a ·reduction of 10 per cent., is a.n in- The Clerk read as follows: crease in all cases when~ the salaries are not above $1,500 a year. SEo. 2. That the sums herein appropriated ll8 the compensation of the officers :Mr. RANDALL. The gentleman knows perfectly well that the sal- and employes of the Government, respectively, enumeratell in this act shall b~ in aries of postmasters heretofore receiving $4,000 a year are reduced. full for the compensation of such officers and employ.~s for the fiscal year ending Mr. CANNON, of lllinois. Certainly. June 30, 11)77, unless Congress shall otherwise provide in the manner hereinaft-er Mr. RANDALL. As I liDdflrstand it, the House was compelled to authorized. compromise with the Senate on a proviso that the reduction shou1tl Mr. RANDALL. In that section we claim control over the appro- not make t.he salaries of those receiving $4,000 a year less than priations for compensation to be given to these clerks for the fiscal $3,000. Is not that a reduction of 25 per cent.f year ending June 30,1877. We go on further to accept a.n additional Mr. CANNON, of Illinois. Those above $1,500 are reduced; those proposition which originated in the Senate and which i.s embraced in at $1,500 or below are increased, and the gentleman will bear in mind section 3, which I ask the Clerk now to read. that of the thirty-six or thirty-eight thousand postmasters largely The Clerk read as follows: over thirty thousand have their salaries increased by the bill passed SEC. a. That a joint se]ect committee of four shall be appointed, two by the pre- yesterday, the decrease in salary applying only to those postmasters siding officer of each House, whose duty it shnll be to inquire into the requisit-e whose salaries are over, say, $1,500. number and proper salaries of the officers, clerks, and employes in the several Ex- Mr. RANDALL. Well, I only stated that upon the principle con- ecutive Departments of the Government, with a view to the due and permanent adjustment of the same, having rep:ard to a just public economy and the efficiency ceded by the Senate in the post-office appropriation bill the reduction of the service. Said joint committee shall sit during the recess of Congress, and of salaries in some cases waa 25 per cent. Under that bill the sala- shall make their report thereon to the two Houses on the first Monday of Decem- ries of ninety or one hundred postmasters who are receiving to-day bernext. $4,000 each would in all probability run down below $:~,000 but for Mr. HALE. Will the gentleman allow me to ask him a question thl! proviso to which the House had to agree, which stopped the re- right here, befo1·e he leaves this subject f duction at $3,000. Thus there are ninety or more postmasten~ at va- Mr. RANDALL. Certainly. rious places throughout the country whose salaries are reduced 25 per Mr. HALE. Is the gentlema.n certain that the proposition of the cent., while under this bill we ask a reduction in general of only 10 Senate would leave open to the clerks a claim for the difference be- per.cent. tween the compensation fixed by this bill and that heretofore fixed Mr. HALE. Will the gentleman allow me a moment f I was a by law t It struck me as the proposition was read that the scope of member of the conference committee which agreed to the post-office it was to this effect: that whatever the commission to settle salaries bill; and while it is true, as the gentleman says, that the Senate con- shall report as the proper salaries of these clerks shall apply from ceded the principle of the reduction of certain salaries, yet it is also July 1, 1876. I did not hear it distinctly1 because my attention was true that the salaries of postmasters which are called compensation not called distinctly to it while it was bemg read; but that is what do not rest upon a fixed provision like the salaries of clerks, some of appeared to me to be the scope of the proposition. which have never been changed in the last twenty ye~. Mr. RANDALL. I am not smprised that the gentleman should Mr. RANDALL. I only cited that as an instance of the Senate have received that impression. He will see that, according to the changing law upon an appropriation bill. direct wording of the proposition on the part of the Senate, it prac- Mr. HALE. The salaries of postmasters have been fixed under a tically makes t.he House appropriate on account of salaries, as it law which allows flexibility, and from year to year under that law were. But suppose that this commission which is provided for should those salarie$ have been increasing so that almost every postmaster fail to agree. Then it would leave a claim on the part of the clerks in the country is to=day receiving a larger salary than he was two, against the Government for the remainder of their salaries accord- four, eight, or ten years a~o. The fact of these salaries or this coni:. ing to existing law. peusation constantly leapmg up was an evil confronting the Senate. Mr. HALE. I think that is so. But if the commission did agree, Mr. RANDALL. That may be; but I want to direct attention to their agreement would relate back to the 1st of Jnly and would cover the fact that, while gentlemen are here contending that the salaries the whole ~· ear, would it no~ t . of the clerks and em1loyes of this Government shaH not be reduced, Mr. RANDALL. If they did agree, and Congress confirmed their there is not a branch of generalindustry, there is not a manufacturiug recommendation to make these adjusted salaries retroactive, then establishment, there is not an individual employing laborers in this well and good. But if Congress did not confirm their recommenda- nation that is not making an enormous reduction of wages. Only tion, or if they did not agree, then the entire number of clerks and this morning I heard of an instance where in my own region of conn- employes affected by this bill would be put right back under the old try compensation has been reduced from $1.75 a day down to $1.15 a law, and would have a claim against the Government for their sala- day-a reduction of 33 per cent.; while in these Departmeuts of the ries as now fixed by law. . Government we are only asking a reduction of 10 per cent. Now, Mr. HALE. That is on the assumption that the work of the com- when these enor~ous reductions in wages, clerk hire. &c., are being mission came to nothing t made in every branch of industry throughout the nation, we do not Mr. RANDALL. Yes. The next proposition i.s aR to the reduction think it an unreasonable position to assume that the clerks and em- in the number of clerk~, employes, &c. Perhaps the most intelligent ployes of the Government shall have their pay reduced 10 per cent. way of ~etting at this matter exactly is to state the effect of the Mr. FOSTER. Mr. Speake.l', I think a little further statement is House btll and the effect of the Senate amendments in reference to necessary to enable the House to understand this question thoronghly. the roduction in the numbers of clerks. The House bill, after many The gentleman from Pennsylvania [Mr. RANDALL] has correctly months of consideration in the Committee on Appropriations, pro- stated the differences between the conference committees. Now, vided for a reduction of twelve hundred in the number of clerks in what is the difference in controversy in dollars and cents f 1 believe the various Departments of the Government. The Senate in their I can state that it is tacitly agreed on both sides that the 10 per cent. amendments acceded to a reduction of three hundred, so that the reduction of the compensation of members of Congress shall stand. number of clerks in controversy when the bill went to the committee I believe that is tacitly agreed to on both sides, although it has not of c~ference was nine hundred. The Senate by their second prop- appeared in the written propositions which have passed between the osition proposed to accede to a reduction of three hundred more, which two ~onference committees. would make the number of discharged clerks when this bill shall go Mr. RANDALL. We have not discussed that. into effect six hundred, instead of twelve hundred as proposed by the Mr. FOSTER. I believe that is tacitly understood. House. Mr. RANDALL. It is embraced in our system of reduction, of That proposition was rejected by the House conference on the ground course. that the1·e were some places where the reduction would be very im- Mr. FOSTER. Now, according to the House bill, the reduction of proper if only one-half of the proposed reduction was agreed to; that the salaries of clerks will amount, I think, to about 250,000. That there might be some places where upon a review by the conferees an applies to the classes above first-class clerks. None others are touched. additional number should be allowed. The House conferees, or a The Senate objects to the House proposition, as I understand, not majority of them, and I think all of them-the gentleman from Ohio because it is a reduction of salaries, but because it is a change of [Mr. .FOSTER] will correct me if I am mistaken-the House conferees law; that the House is undertaking to coerce the Senate into doing prefeiTed to consider each Department as it was reached in the bill, something that they do not desire to do by the threat that unless deciding in regard to each upon its own merits. this is done on an appropriation bill the necessary means for the In reference to the 10 per cent. reduction of salaries, we have knowl- proper running of the Departments otthe Government will be with- edge that the Senate has agreed to waive objection to the principle held. Whether the Senate is right or wrong is for the country to we have maintained in regard to the salaries of postmasters through- judge. Never yet in the history of this country ha.s one House been . out the United Stat-es. Accorcling to the report on the post-office ap- able to coerce the other (even on an appropriation bill) to do what. in propriation bill, hardly any postmaster is reduced in salary less than 10 its judgment it thought ought not to be done. In times gone by such per cent., while some of them have their salaries reduced 25 per cent. an attempt bas been characterized as revolution by high democratio Mr. CANNON, of Illinois. Will the gentleman allow me a ques- authority; and it is safe to say now that it is nothing elsa than rev- t.io.n f I know _he does !).ot desire to misrepresent. olution for one Honse to undertake to compel the other to accept a. 1876. CONGRESSIONAL RECORD-HOUSE. 4425 proposition embracing new legislation on an appropriation bill that having yielded the principle upon the post-office bill, I think he fails i.t strenuously objects to, with the threat the wheels of Government to detect the distinction-he ought to, because the Senate has never re- must stop unless their assent is given. fused to concur in the dirP>ction of economy, even to changing the For myself, I am willing to say that if I occupied the position of laws where their judgment believed it consistent with the good of the a Senator I would be willing to compromise upon this question; but service. the Eonate, standing on their prerogatives, (and, as I understand, it is Mr. RANDALL. J nst let me say a word tbere- a solid sentiment, shared by democrats and republicans alike,) think Mr. KASSON. On the other hand, I wish to ask my honorable friend we are trying to invade their rightful authorit.y. from Pennsylvania to state whether he, as a representatiYe of the Mr. RANDALL. I have never seen any record which proves that majority, really denies in principle the equal right of the Senate to statement. I can answer for some members of the Senate to the con- pass independently upon tho propriety and safety to the public inter- trary. . est of a change of the laws; whether he maintains that the House Mr. FOSTER. A division on this question has never been asked has the right itself to determine for both bodies all change of laws in the Senate, so bras I know. There has been practical unanimity in respect to salaries and number of employes Y I have not heard a of sentiment in the Senate. · distinct statement from him on that principle. Does he deny co-or- Mr. REAGAN. The record of yesterda.y's proceedings answers that dinate rights t o the Senate in makingchanges in our laws? Does he question. charge the majority of the House has the right to dictate f Mr. RANDALL. It is not a solid Senate by any means. Mr. RANDALL. The Constitution itself makes a distinction be- Mr. FOSTER. Practically it is. There may be a few Senators who tween the two Houses, any do it themselves l Will gentlemen on Mr. CANNON, of lllinois. Over thirty thousand postmasters have that side consent that no· earnest effort shall be made to fulfill this their salaries in«~reased by the bill. pledge to the letter! We will insist upon its fulfillment. Mr. HOLMAN. But in its genera,} effect the bill makes a large re- Mr. FOSTER. Does not the gentleman know that both sides are duction in salaries, amount.i ng, as we understand, to $700,000 a year. insisting f The Senate has agreed to $2~,000,000 of reduction. Mr. COX. Mr. Speaker, I do not propose to yield to any gentle- Mr. RANDALL. They could have agreed to $40,000,000 if they man, for my time has been cnt short. I notice that recently there had bad the disposition. have been admissions by gentlemen on the other side that at least Mr. HOLMAN. The judgment of the country is that the expend- $30,000,000 might well be saved over last year by our action this ses- itures of the Government for the present fitlcal year, in comparison sion. That means $30,000:000 for this one year. Good. Now why with the last, should he largely reduced. did you not thus commence to save as soon as the war closed T If :Mr. FOSTER. Does not the gentleman concede that the appropri- SJO,OOO,OOO can be saved this year, $30,000,000 could have been saved ations made by the Honse bill w~re in some cases too much reduced f every year since the end of the war ; and somebody-I think I have Mr. HOLMAN. I have already said in the presence of the gentle- him in my eye [laughter]-is xesponsible for $300,000,000 of excess man, and I will make the statement here if he d 3sirm~ it, that as to and extravagance. 4428 CONGRESSIONAL RECORD-HOUSE. JULY 6, Mr. BURCHARD, of Illinois, rose. question I courteously gave him the right to ask his question and Mr. COX. I cannot allow the gentleman to interrupt me. I un- yielding to him I did not expect-but what he was a gentleman: derstand him to make a reference to the life-saving service. It has Mr. HUBBELL. You are not able to tell whether ram or not. not been hnrt one dollar. · Mr. COX. 'fhe Honse sees it. When I referred to the Indian busi- [Here other members rose]- • ness I had in mind discussions here. I know these contractors' wars I do not propose to be interrupt-ed again by gentlemen who are so will not put down the Indian troubles. I have said so aaain and prompt to laugh in this House at all efforts at economy. Perhaps again here, and, if the telegraphic rumors as to the Custer ~assacre' they may laugh differently in their several districts next November. be true, to-day we have another illustration that the insane policy of This House is not in the same condition as the Senate on money expending large sums of money for the Army is not the true policy bills. Any student of our Constitution can tell you t.hat. Any one of rndia.n retrenchment. who will take Judge Story and go back with him to the British con- I stand here, sir, for retrenchment as the men in the old parliament- stitution for our guidance; any one who will consider the t·eveuue ary days of England stood by their privilege. They would not grant proposition Franklin made in the constitutional convention after com- supplies until retrenchment, liberty, and reform were guaranteed. ing from England, fixing that peculiar clause which gives us superi- You remember the old song during the trial of the bishops in South ority over the Senate upon "money bills," will not nal because I bad fixed the responsibility of this increase and of support, and a mother to whose support he bas partly cont.ributed. large expenditure of money since the war. Suppose, according w The bill therefore appropria,tes the sum of $~,000 for the aid and his own idea, that we can save fifteen or eighteen million of dollars support of the family of the late John T. King, and the fnrtbor um this year, or double that amount, according to his colleague, [Mr. of 3,000 for the aid and support of L. B. Cutler, to be paid to tho FoSTER;] then during the last ten or eleven years since the war the Secretary of the Interior in trust for the above-mentioned purpo es, l'epublicans are responsible for the excess of expenditures. who may, at his discretion, pay the same to the respective parties in We know that all through our civil administration there has been annual installments, or all in one payment, or invest the same for their a riot of proiligality, not to spea,k of a system of badness, unearthed benefit, as he may think most expedient; provided that a further sum by our committees and which the people will stigmatize. In the equat to the amount of the previous regular compensation of King name of pm·ity and reform, I trust in them, next after God, for our and Cutler from the 19th of May to the 30th of Jnne, inclu ive, is ap- salvation. Our hope is in their ballots to be given in November next propriated, to be expended immediately by the Secretary of tbe In- for the election of an honest man, now governor of the State of New terior in the manner above stated. York, SamueJ.J. Tilden! £Applause and laughter on the floor and in The amendment reported by the Committee on Appropriations was the galleries.] · to strike out tho proviso of the bill. Mr. RANDALL. I want to answer a statement made by the gen~ The amendment was agreed to. tlemen from Ohio [Mr. GARFIELD] as to the Army; I only want a The bill, as amended, was then ordered to be read a third time; and minute or two. it was read the third time, and passerl. • Mr. COX. I will yield the remainder of my time to the gentleman :Ur. FOSTER moved to reconsider the vote by which the bill was from Pell1Jsylvania, [Mr. RA.."'DALL.] passed; and also moved that the motion to reconsider be laid on the Mr. RANDALL. The gentleman from Ohio [Mr. GARFIELD] has table, said that this House attempted to cripple the Army. I desire to state The latter motion was agreed to. 1876. CONGRESSIONAL RECORD- HOUSE. 443l R.EMOVAL OF REMAINS OF RON. E. RUMSEY WING. These sen'ices are rendered without any fee or compensation whatever to the commissioners. Mr. FOSTER also, by unanimous consent, reportetl back from the The experience of the commissioners demonstrated the fad at an early day that Committee on Appropriations, with a recommenllation that it pass, a large percentage of the immigrants woulti either on their arrival or within the the bill (S. No. 3 ~)to appropriate $1,000 to remove the remains of prescribed five years become clJargeable to them as sick and diseased or as unable Hon. E. Rnmsey Wing, late minister to Ecuador, from Quito to the to support themselves. Under the influence of this fact the lands ancl buildings before mentionoo were purchased and erected. cemetery at Owensborough, Kentucky. The establishment of Ward's Island, a beautiful and salubrious island in the The bill was read. It appropriates for the purpose named in the East River to the north of Hell Gate, where sick and destitute immigrants are title $1,000, out of any money in the Treasury not otherwise appro- cared for until aule to proceed to their destination, embraces over one hundred and priated, to be used under the direction of the Secretary of State. twenty acres of land, whereon have been erected by the commissioners hospitals aud refn~e buildings, chapels, a school-house, and workshops of various sorts. in The bill was ordered to a third reading, read the third time, and all about fort.v· separate edifices, costing upward of $1,000,000. The main hospital passed. has accommodation for fin~ hundred patients, and is admitted to be, in plan and .Mr. FOSTER moved to reconsider the vote by which the bill was internal arrangements, one of the finest in the world The following stalistics will show your honorable bodies the extent and impor- passed ; and also moved that the motion to reconsider be laid on the tance of the services rendereti by this State commission since its organization: table. Number of alien immigrants arrived at the port of New York frOm May 5,1847, The latter motion was agreed to. to December 3L, 1875, for whom commutation money was paid, 5,532,8{)8. Of which number the commil!sioners of emigrn.tion provitled and cared for out of MESSAGE FROM THE SENATE. the emigrant fund for a greater or less period during the five years subsequent to arrival1,717,A38, as follows: · A. message from the Senate, by Mr. SYl\fPSON, one of their clerks, re- Number treated and cared for in the institutions of the commissioners of emi- quested the House to return to the Senate the bill (S. No. 892) to en- gration, 547,209. courage and promote telegraphic communication between America Number supplied temporarily with board and lodging and money relief in tho and Asia. city of New York, 485,669. Number provided with employment through the labor bureau at Castle Garden, IMMIGRATION. 400,187. Mr. COX. I beg to say that the commissioners of emigration of the Number forwarded from Castle Garden to destination in United States andre- turned to Europe at their own request, 58,122. State of New York are here, and desire a conference witll the Commit- Number relieved and provided for in various counties and institutions of this tee on Commerce to-morrow on the question of immi~at.ion. The State at the expense of the comnrlsMioners of emigration, 2:26,651. Supreme Court of the United Stateshasrece.ntly decided tbat all the Many immigrants who on arrival have passed out of the State of New York to State legislation by which this subject has heretofore been regulated other States, possessed of strength and money, and who through various causes is unconstitutional and void. There is some urgency, therefore, that ball suffered or lost both, soon after have been returned to this State antl become a charge on this commission, and have been not only cared for in its institutions, Congress shall provide the needed legislation on the subject. I there- but many on request have been returned a.t its expense to the.ir native land. And fore ask unanimous consent to present tbe memoria.! of the commis- in numei:Uus cases immigrants destined for othr.r States who have arrived here sioners of emigration, to be printed in the REconD and referred to sick have oeen cured in the hospitals of the commh!sion, anrl then dispatched to their destination to enrich other parts and communities of this country with their the Committee on Commerce; and also to introduce a bill on the sub- money, capital, and labor value unimpaired. ject, to be referred to the same committee. Ever. ince the tide of emigration first set strongly toward the United States the There being no objection, city of New York has been its chosen gat~- way. Statistics show that of the im- Mr. COX presented the following memorial; which was referreke such steps as in their well known many years ago throughout Europe. Some of the greatest of the im- judgment may be proper to secure such legislation"- peuiments to lea'ring birth·place and friends t.o seek a new home in a foreign coun- otfer for the consideration of your honorable bodies the following statements and try, thousands of miles away, to wit, the uncertainties surrounding arrival, the statistics: dangerR or apprehensions about the journey to the point of destination increa.<~ed From the month of May, 1847, up to the 20th day of March, 1876, the legislation a hundred-fold lly ignorance in many cases of the language anti in nearly all of the of this State provided in snbstance that the captain, consignee, or owner of every geography of the country, were thus removed, and immigration therebyencoura,ged vessrl arriving at the port of New York from a forei•m country, having on board and greatly incrt'ased. Indeed it has become a common fact that under and sup- as passengers unmigrants or persons not citizens of the United Rtates rle>~tined for ported by the influence of this knowletige of the action and scope of the authorit.y the city of New York, should give a bond to the pCO}lle of the State in the penal of the commissioners of emigration tens and hundreds of thousands of immigrants sum of $300 for each of such passengers, conditionecl to indemnify every city, have disembarked at Castle Garden with no more anxiety or apprehension con- town, and county in the State against oid. The commissioners were also empowered to purchase land and erect whatever This adverse decision terminated at once the contributions to the fund by which buildings the exigencies of immigration might rlemonstrate to be necessary for the the commissioners bad been enabled to discharge the humane duties for which care, . upport, and protection of such immigrants within the same period. they were constituted. and in May last their available means became exhausterl. In the year 1847 the commissioners begun and for many years after continued to The Legislature, influenced by the pletlge implied in the receipt by its officers of purchase lands on Ward's Island and to erect buildings thereon for the care and the commutation money in former years that the immigrants on whose account it treatment of the sick and diseased and the support and maintenance of the neces- bad been paid should receive its protection, care, and support, when needed, for five sitous among such immip'3.llts. years fro!D their arrival, appropriated. afte1· this decision had been received and These lands and buildings were purchased, erected, anrl have been and continue acted upon by the ship·owners, a sufficient.sum from the State treasury whereby to be used exclnRively for immi!!l'ants who have pahl commutation-money and the commissioners will be able to redeem its faith for the year ending the 1st day have arrived at the port of New York within fh·e yca.rs from the date when they of May, 1877. No provision, however, has been made for immigrants arrivin"'sub- require and seek care or support from the public a.uthorities. sequent to the promulgation of the judgment of the Supreme Court. o The commissioners have also leased from the citf of New York and occupied Miller, justice, delivering the opinion of the court, says in regard to the legisla- since the year 1855 the wharf and the made land adjoining the Battery in said city tion of this State under consitleration : "We are of oprnion that tllis whole sub· known as Castle Garden, and have inclosed it for the purpose of a landing depot ject bas been confided to Congress by the Constitution; that Congress can more for immiiTants, whereby they have been enabled to afford protection to 1hem against appropriately ami with more acceptance exercise it than any other body known to the fraud:~ and depredations of emi:.rrant-runners aml other marauders who hacl com- our law, State or national; that by providing a system of la.ws in these matters, tined to defraud and pilla.!!e the simple and unsuspicious strangers of whom the applicable to all ports and to all vessels, a serious qnestion, which has long been enormous mass of immigration to this country bas been chiefly composed. matter of contest and complaint, may be effectually and satisfactorily settled." The followin~ is briefly the mode of proceeding anti operation at Castle Garden: 'l'his decision affects not only the State of New York. but all other Atlantic .Aitcr examinatiOn of thcir lu.,.gage on shipboard by the customs officers, the im- StatoR, and throws their ports wide open and leaves them unprotected against the mip·ants are transferred to tilts lancling depot~ where thry are received by of- introduction and subjects their people to the expenses of immigrants who at the ficers of the commission, who enter in registers kept for the purpose all necessary time of tlJeir disembarkation may be sick, diseased, rlisabled, or who, before they particula•s for their fnt;ure identification. The names of such as have money, let- leave the State in which they may have arrived, become from any cause a public ters, or friends awaiting them are called out and they are put into immediate pos- charue. It also removes from the interior States, to which any of these immigrants session of their property or committe.tl to their friends whose credentials have first may ba.ve gone, the right to return them, when necessitous. to the port or State of been properly scrutinized. Such a-s desire can find clerks at hand to write letters arrivaL The reason which justified such return consisted in the receipt of com- for them in any European language, and a tel0~aph operator withjn the depot to mutation money and the pledge implied thereby. It has now been swept away by forward dispatches. Here, also, tbo main trnnK lines of railway have offices, at this decision and ceases to exi t . which the immigrant can buy tickets and have bislu.ggaue weighed and checked; The entire country is therefore interested in this subject and in need of national brokers are aw:mtted (under restrictions which make frau'a impossible) to exchange legislation in re~ard to it. the foreign coin or paper of immi~ants; a reflt:mrant supplies them with plain food Under these circumstances the commi~sioners of emigration of this State have at motlerate prices; a ph,vsician is in attendance for the ick ; a temporary hospital had correspondence with the boards of charities or other proper officials of other r eady to receive them until they can bo conveveu to \Vard ' ~ Island ; those in search States as to the principle and form of a law to meet the cha.n~eti condition and of employment are furnished it at the labor bureau connected with the establish- present exigencies of the immigrant question. The r esult of this con11ulta.tion has ment; such aa desire to start at once for their destination are sent t{) the railway been a bill accompanying this oommunication, which is submitted for the consid- or steamboat, while any who may choose to remain in the city are referred to board- eration of your honorable bodies. ing.house keepers adniitted to the depot, whose charges are regulated under special The land(i a.nd buildings above mentioned, on Ward's Island, and the land ins d\}. licent:~~;~, ~d whose houses are kept undet• constant and rigia supervision by the pot at Castle Garden, are still in use. the former for immigrants who ba.ve arrtveu commiSSion. within five :years previous to the decision of the supreme court, and for or on ac- 4432 CONGRESSIONAL RECORD-HOUSE. JULY 6, count of whom commutation money has been paid, and the latter for all arriving SILVER COIN. Immigrants. They may be utilized: in the futuro as they have been in the past, if the means to maintain them be provided. This can be done through the vessels Mr. LAWRENCE. I now yield the floor to my colleague, [Mr. bringing immigrantd to the United States by t.:on~ress alone. PAYNE,] and give notice that I will yield to no other bu~iness unle s The eXperience of twenty-nine years with immigrants of all classes, conditions, of a public and urgent nature. and cotmtries has matured a ~>ystem which is in successful operation at this port. Mr. PAYNE. I wish to take up from the Speaker's table joint It is operated by officers, physicians, clerkR, and other employ~s who have been en- gaged for years in the service, and are familiar with all its intricacies, peculiarities, resolution (H. R. No. 109) for the issue of silYer coin, which con . s and requirements, and if it be permissilJlo here to speak favorably of an esta.blish- back from the Senate with a request for a conference on the ui ·agree- m ent instituted and carried on by these commi sioners and their emin ent prede- ing votes of the two Houses, wh1ch I hope will be agreed to. cessors, it seems to them that it would be of incalculable advantage to the immigrants Mr. FORT. I should like to know what the difference between the hereaft er amving at the port of New York to maintain for them the arrangement which benevolence at first suggested, great intelligence organized, and much expe- two Houses is. rience bas matured, and tllat those of tho United States to which the tide of im· The SPEAKER pro te-mpore. The Clerk will read the resolut ion of migration flows will reciprocally with the port States be tho ~ainers by the provis- the Senate. ions made by the latter for the receipt and treatment of s1ck or diseased immi- grants on their arrival, ancl tho establishments existing to secure them against The Clerk read as follows: frauds and depredations, or to maintain them if they come t<> require public aid or IN SENATE OF THE U~;ITED STATES, July l, 1876. support. Resolved, That the Senate insist on its first amendment to joint resolution (H. R. :Board of commissioners of emigration of the State of New York: No. 109) for the issue of silver coin disagreed to by tlle House of Representatives, GEO. ·I. FORREST, and disagy:oo to the amendment of the House to the second amendment of the Sen- President. ate to saJd joint resolution, and ask a. conference of the House on the disagreeing HEl\TRY A. HURLBUT. votes of the two Houses thereon. ' GEORGE STARR. Ordered, That Mr. SHERMAN, Mr. :BoUTWELL, and Mr. BoGY be conferees on the DANIEL M.A.UJER. part of the Senate. GEORGE WR~TNT.A.RD. W . H. WIC M, :Mr. PAYNE. I move that the conference asked for on the part of Muyor of the city of New York. the Senate be agreed to. , JAMES LYNCH, President of the Irish Emigrant 8oci£ty. The motion was agreed to. FREDERICK SCH.ACK, Mr. RANDALL moved to reconsider the vote just taken; and also President of the Genna? So/Mty. moved that the motion to reconsider be laid on the table. NEW YORK, June 28, 1876. The latt-er motion was agreed to. Mr. COX also, by unanimous consent, introduced a bill (H. R. No. SUNDRY CIVIL APPROPRIATION BILL. 3853) to regulate immigration; which was read a first and second Mr. RANDALL. I ask the gentleman from Ohio to yield to me for time, referred to the Committee on Commerce, and ordered to be a moment. printed. .Mr. LAWRENCE. I yield to the gentleman from Pennsylvania, COMMISSION BETWEEN UNITED STATES AND VENEZUELA. chairman of the Committee on Appropriations, to report on onE'! of the appropriation bills. Mr. SPRINGER, by unanimous consent, reported from the Com- Mr. RANDALL. I am directed by the Committee on AJ.lpropria- mittee on Foreign Affairs tlte following resolution; which was read, tions to report back the amendments of the Senate to the b1ll (H. R. considered, and agreed to: No. 3749) making appropriations for sundry civil eXJ>enses of the .Resolved, That the Committee on Foreign .A:ffn.irs be authorized to print the evi- Government for the fiscal year ending June 30, 1877, and for other pur- dence taken by said committee in relll.tion to the pet-ition of Set,h Driggs and the poses, and to move that the House non-concur in those amendments, mixed commission between the United States and Venezuela, and the report ac- and ask a conference on the disagreeing votes of the ~wo Houses. companying the same. .Mr. PAGE. I ask for the reading of the Senate amendments. SAINT PAUL, MINNESOTA, A PORT OF APPRAISAL. Mr. RANDALL. I have no objections if you want to waste a. Mr. DUNNELL. I ask unanimous consent to report from the Com- couple of hours. mittee on Commerce the bill (S. No. 413) establishing the port of Mr. PAGE. Then let us have some statement of what they are. Saint Paul, Minnesota, as a port of appraisal. This bill has the unan- .Mr. RANDALL. There are two hundred and forty amendments of imous approval of the Committee on Commerce. the Senate. The bill was read. It provides in the first section that the provis- Mr. RUSK. They are all printed. ions contained in, and the privileges accorded by, sections 2990, 2991, :Mr. RANDALL. The amendments of the Senate are all printed, 2992, 2993, 2994, 2995, 2996, and 2007 of the Revised Statutes be ex- and the gentleman can see them for himself. tended to, and held to include, the port of Saint Paul, in the collec- Mr. PAGE. If they are.printed then I do not ask for their reading. tion district of Minnesota. The amendments of the Senate were non-concurred in, and a com- The second section provides that the appraiser at the port of Saint mittee of conference aske Mr. HOLMAN. I ask that tlie bill be again read. Indian Committee was on the floor in the last morning hour. I my- '!'he hill was again read. self reported a bill which has never beeu acted on, although the pre- :Mr. HOLMAN. For the purpose of examining this subject I shall vious question has been seconded and the maiu question ordered. I have to insist upon the point of order. The bill, aa I understand, cre- think the committees of the House have therigbttohave n.t.leastone ntes a new inland port of entry. hour in which they may be heard for. the consideration of public busi- Mr. DUNNELL. Then I withdraw the bill. ness. I do not understand the notice which the gentleman from Ohi9 CONGRESSIONAL RECORD-HOUSE. [Mr. LAWRENCE] gave three weeks ago, that he would to-day call up SEC. 3. That all claims and demands for money due the United States from any the motion to reconsider the recommitment of the bill to which he has such company, from the time they respectively become due, if payment be unrfla. sonably withheld, shall bear interest at the rate of 6 per cent. per annum. referred, takes precedence over the morning hour. SEC. 4. That it shall be the duty of the several railroad companies to which bonds The SPEAKER p1·o tempore. The callinf? up of the motion to recon- were issued under any of the several acts of which this act is amendatory to provide sider takes precedence over all other motiOns except the motion to a sinking fund for the payment, accordin.e:to law, of the interest and principal of such adjourn. bonds, and for re-imbursingthe United States for such sums as have been, and may Mr. LAWRENCE. By Rule 49 it is a privileged question, and takes fromtimetotimebe,advancedandpaid bythe United Sta.tesupou such bondsand interest. and which may not be re-imbursed from compensation for services as now precedence of everything else but the motion to adjourn. provided by law, and from 5 per cent. of net earnings. And for the purpose of The SPEAKER pro ternpore. It is of high privilege, and the gentle- providing such sinking fund S:J.id companies shall severally be required to pay into man from Ohio is therefore entitled to the :floor. the Treasury of the United States, in addition to the said compensation for serv- ices and 5 per cent. of net earnings, the following annual installments, to wit: Mr. PAGE. Is there a motion to reconsider pending T The Union Pacific Railroad Company shall, during the period of ten years from The SPEAKER p1·o tempore. The Chair is so informed. and after theist day of July, 1876, pay annually into the Treasury of the United Mr. BURCHARD, of Illinois. Pending that I raise the question of St.'ttes the sum of 750,000, to be paid one-half on July 1 and the other half on Jan- order, has not the House a right to raise the question of considera- the uary 1 in ea{lh of said years. And during each and every year. commencing with expiration of &'lid period of ten years, the saifl Union Pacific Railroad Com- tion, which the Speaker must submit to the House, namely: Will pany shall pay into the Treasury of the United States $1,000,000 until the whole the House consider it now T If the House is averse to considering amount of bonds issued to said company, together with interest, shall have been fully the motion to reconsider at this time, cannot the House so declare T paid, one-half of each annual installment to be paid on the 1st of July, and the The SPEAKER pro ternpore. The gentleman can raise the question other half on the 1st of January. And the said Central Pacific Railroad Com- pany, on its own account and on account of theWestern Pacific Railroad Company, of consideration. · shaJl, during the period of ten years from and after the 1st day of July, 1876, Mr. PAGE. Then I ask the Chair to submit that question to the pay annually into the Treasury of the United States the sum of !>68,210, to be paid Hoose. one-half on July 1 and the other half on January 1 in each of said years. .And Mr. LAWRENCE. When I called up the motion to reconsider I during each and every year, commencing with the expiration of said penod of ten years, the said Central Pacific ·Railroad Company shall pay into the Treasury of was entitled to the :floor and have not yielded it. the United States the sum of $760,330, until the whole amount of bonds issueo to Mr. HUBBELL. I renew the question of consideration. said company, together with interest, shall have been paid, one-half of each annual Mr. LAWRENCE. This is a bill involving $150,000,000. It is a installment to be paid on the 1st day of July and the other half ou the 1st day of January: Ptovided, That the sums -paid into the sinking fund under this act shall bill to put money into the Treasury. apply first to the extinguishment of interest and the balance to the principal of Mr. RANDALL. It is too late to raise the question of considera- the aforesaid bonds. And there shall be paid into the Treasury on account of said tion. The gentleman from Ohio took possession of the :floor and sinking fund, annually, one-half on thelst day of July and the other half on the yielded to me as chairman of another committee for the time being 1st day of January in each year, by the Kansas Pacific Railway Company, $87,327; by the Central Branch Union Pacific Railroad Company, $22,296; and by the to make a report. Sioux City and Pacific Railroad Company, $20,72.3, until the bonds issued to said Mr. PAGE. The gentleman from lllinois reserved the right to raise compani.es respectively, and the interest thereon, shall be fully paid. .And said the question of consideration. several companies shall owe and be indebted to the United States in the several The SPEAKER pro tempore. The gentleman from Illinois did re- sums required to be by them respectively pai(l as aforesaid. And 'l.ny company may pay any sum herein required to be paid in bonds, Treasury notes, or other eVI- serve the right to raise the question of consideration, and he can do dences of debt against the United States, to be allowed at par. so at this time. The total sum required to be paid by any company in any oue year by virtue of Mr. BURCHARD, of Illinois. I do not ipsist on raising the ques- this act. and including said 5 per cent. of net earnings and s:J.id compensation tion of consideration. for services as now required by law, shall not exceed the several sums following, to wit: By the Central Pacific Railroad Company, on its own account, $1.861,484, Mr. LAWRENCE. It is too late for anybody else to raise it. and on account of the Western Pacific Railroad Company 133,588; the Union Pa.. Mr. HUBBELL. I raise the question of consideration. cific Railroad Company, $1,91:S9,462; the KansasPacificRailwayCompany, $489,034; Mr. SCHLEICHER. I desire to make a parliamentary inquiry. I the Central Branch Union Pacific Railroad Company, 124,856; and the Sioux City would like to know whether the unfinished business of the Commit- and Pacific Railroad Company, 116,050. SEc. 5. That it shall be the duty of the Secretary of the Treasury to invest to the tee on the Tex::lB Border Troubles has not precedence of any new busi- best advantage the money paid into the Treasury or collected in pursuance of this ness f act on account of said sinking funds in any bonds issued by the United States, The SPEAKER pro tempore. The Chair will state to the gentleman and to re-invest the same from time to time, with all interest and profits, and bold from Texas [Mr. SCHLEICHER] that if the House refuses to consider of the same for the purpose of said sinking fonds respectively ; and at the maturity the bonds issued to said railroad companies,· to sell, dispose of, or otherwise ap- the privileged question now before it, that question may arise; but ply said money and bonds, at not less than their par value, to the credit of said it does not arise at the present time, the regular order being the sinking funds respectively, in paying and canceling 8aid bonds issued to said com- merni.J1g hour and the call of committees for reports. panies and the interest thereon advanced by the United States not already re-im- Mr. LAWRENCE. This bill is necessary in order to save a large one-half baJ.'!Ied. But nothing herein shall require said 5 per cent. of net earnings or said of the compensation for serviCes rendered for the Government to be in· amount to the Government. vested as herein mentioned. The question being taken on the question of consideration, there SEC. 6. That if any such railroad company shall fail to pay any money or claim were-ayes 88, noes 12. due or to become £1ue the United St..'l.tes, or payable in pursuance of tills act, such shall be liable to an action therefor ill any court of competent jurisdic- The point was made by Mr. MAcDouGALL and Mr. BANNING that company tion, at the suit of the United States. And it shall be the duty of the Attorney- a quorum had not voted. General to institue the necessary suits and proceedings to collect said money and Mr. BANNING. I make the point that a quorum has not voted, claims so due or payable, and otherwise obtain redress in respect of the same, and simply for the re::lBon that I understand the gentleman from Ohio prosecute the same with all convenient dispatch to a final determination. And all [Mr. HuRD] has a substitute which he desires to offer for the bill of such suits and 1_1roceedings shall have precedence in the courts over other cases. SEc. 7. That It shall be unlawful for any such railroad company, or director, his colleague, [Mr. LAWRENCE;] and that gentleman is not here. officer, or agent thereof, to make or pay, or cause or authorize to be made or paid, Mr. RANDALL. There is more than a hundred million of dollars any dividend from the earnings, profits, or resources of such company, so long as involved in this bill due by the railroads to this Government. such company may for sixty days be in default in pa~ing to the United States any money due and owing by such company to the United States in pursuance of this Mr. MAcDOUGALL. Will that spoil or waste before to-morrow t or any act relating to such company or otherwise, tho payment of which has been Mr. BilTNING. The gentleman from Ohio [Mr. HURD] will prob- demanded of sucli company by the Secretary of the Treasury. Every person re- ably be here to-morrow. ceiving such dividend shall be liable to refund the same to the United States; and Mr. LAWRENCE. The consideration of this bill was postponed of every director, officer, or agent of such company who shall violate any provision this section shall be individually and personally liable to account and to pay to on account of the gentleman from Ohio [Mr. HuRD] going to the the United States the whole amount of such dividend. Saint Louis convention; but there was a distinct statement at the SEc. 8. That no dirootor or officer of any company hereinbefore mentioned or re- time, on the part of several members of the Judiciary Committee, ferred to shan hereafter be interested, directly or indirectly, in any contract there- that there would be no postponement after to-day. It is too much of who with, except for his lawful compensation as such officer. And every such person shall violate the provisions of this section shall, on conviction thereof, be fined a sacrifice to sacrifice $150,000,000. in any sum not more than $10,000 or imprisoned not exceeding one year, or both of The SPEAKER pro tempore. A quorum not having voted, the Chair said punishments may be inflicted. will order tellers, and appoints the gentleman from New York, Mr. SEc. 9. That any remedy herein provided shall not be deemed to deny, exclude, or MACDOUGALL, and the gentleman from Ohio, Mr. LAWRENCE. impair any other heretofore existing in favor of the United States. And nothing herein contained shall affect any pending suit instituted under the fourth section of The House again divided; and the tellers reported-ayes129, noes 22. the act entitled "An act making appropriations for the legislative, execut:ive,and So the House agreed to consider the question. judicial expenses of the Government fortheyearendingJune 30,1874, anrl for other The SPEAKER pro tempore. The Clerk will report the bill. purposes," approved March 3, 1873. And nothing herein shall be deemed a waiver The Clerk read as follows: of the power and right of Congress at any time to alter, amend, or~ repeal this or any other act relating to anv such railroad company; but such ri_ght and power are reserved to Congress. AnCl nothing herein shall impair any rignt existing by law A bill (H. R. No. 3672) to amend the act approved J oly 2, 1864, entitled "An act under the first-mortgage bonds issued under the n.ct approved July 2, 1864, entitled to runend an act entitled 'An act to aid in the construction of a railroad an£1 tele- "An act to amend an act entitled '.An act,to aid in the construction of a railroad and graph line from the Missouri River to the Pacific Ocean, and to secure to the Gov- telegraph line from the Missouri River to the Pacific Ocean, and to secure to the ernment the use of the same for postal, military, and other purposes,' approved Government the use of the same for postal, military, and other purposes,' approved July 1, 11:!62," and other n.ets in relation to the railroad companies therein men- Jolyl, 1862." And nothing herein shall be deemed a waiver of any right which tioned. the United States may have. . . Be it enacted by the Senate and House of .Representatives of the United States of America in Congress assembled, That the Secretary of the 'frP..aaury shall at all The SPEAKER pro tempm·e. The question before the House is on times withhold payment of any money due from the United States to any railroad the motion of the gentleman from Ohio [Mr. LAWRENCE] to recon- company which has received any gift or grant of land, or grant of a right of way or sider the vote by which the Honse recommittea this bill to the Com- easement, or gift or loan of money or credit from t.h e Unit.ed States, whether such money so due be reduced to judgment or not, to the amount of a1.y and aJl claims mittee on the Judiciary. The gentleman from Ohio is entitled to the due from such company to the United ~tates. floor. SEc. 2. That in any action or proceeding brought in pursuance of law by such Mr. LAWRENCE. It is tolerably evident that we will not be able company against t.he United St.aLes, any claim or demand in favor of the United to reach a vote on this bill this evening; and if it be agreeable to the States against such company may, at the election of the United States, be a set-off nnd pleailed as such, or may be made the subject of a separate action or actions in Hous~ I will make a proposition which I think will lead to a disposi- any court of competent jurisdiction. . tion of it that I hope will be satisfactory on all sides. IV-2'48 - ~. 4434 CONGRESSIONAL ·RECORD-HOUSE. JULY ·6, - I propose that the morning hour be allowed to-morrow; that after WASHINGTON MONUMENT. that there be two hours allowed for debate on this bill, equally di- Mr. HOPKINS. Pending the motion to adjourn, I 8.sk una.nimous vided, if there be anybody to speak against the bill, between those consent to take from the Speaker's table a concurrent resolution of who are for it and those who are against it; that then the previous the Senate in reference to the Washington monument. question be called; and that the closing hour be equally divided. I The resolution was read, as follows: do not think, so far as I am able to learn, that there is any disposi- Whereas it ha-s pleased Almighty God to guine the United States of America safely tion on the part of those who have favored this bill, and who have through one hundred years of national life and to crown our nation with the highest examined it most, to consume any considerable time in the discussion. blessings of civil and religions liberty: Therefore, It has received more consideration than any bill that ever came be- The Senate and Honse of Representatives in Congress assembled in the name of fore the Judiciary Committee during the yf'ars that I have been a and the people of the United States in reverent thankfulness acknowledge the fountain source, the author and giver of all these blessings, and our dependence upon member of that committee. It is very desirable that the bill should His providence and will; and pass, and pass without delay, so that it may be acted upon by the Whereas we recognize as our fa.t hers did that George Washington, "first in peace, Senate. first in war, and fust in the hearts of his countrymen," was one of the chief instru· menta of divine Providence in secnrin~ Americ.an independence and in laying broad Mr. HENDEE. Let me inquire of the gentlemn.n, if there is no and deep the foundations of our liberties in the Constitution of the United States: opposition to the bill what is the use of three hours' debate upon it f Therefore as a mark of our sense of the honor due to his name and to his com- Mr. LAWRENCE. I stated that as the maximum time. If we patriots and a-ssociates, our revolntion::.ry fathers, :find that there is no opposition to the bill, or but little opposition, we ofWe the Senate and House of R.epresent'ltives in Congress assembled in the name the people of the United States at this the beginning of the second century of na- may close up the matter in half the time. tional existence, do assume and direct the completion of the Washington monument Mr. HENDEE. If there be no opposition to the bill, why not con- in the city of Washington, and instruct the Committee on Appropriations of the fine the debate to one hour after the morning hour to-morrow f respective Houses to propose suitable provisions of law to carry this resolution into Mr. LAWRENCE. One gentleman, undoubtedly, desires to speak effect. against the bill. Mr. RANDALL. The resolution provides for an appropriation, Mr. HENDEE. Is it the understanding that one hour after the but there is no appropriation provided for in it. close of the morning hour to-morrow the gentleman will call the pre- Mr. HOPKINS. It directs the Committees on Appropriations of vious question f the two Houses to report a bill making the necessary appropriation. Mr. LAWRENCE. I propose that there shall be two hours' debate Mr. HURI,.tBUT. It is merely instructing the Committee ou Appro- after the morning hour; after which I will call the previous question. priations, instead of the Committee on Appropriations instructing us, Mr. BANNJNG. I understand that the gentleman from Ohio [Mr. as they have been doing for the last six months. HURDl has a substitue which he desires to offer for the gentleman's Mr. ANDERSON. What amount of money will be necessary to bill. Is that the fact f complete this monument T Mr. LAWRENCE. That is not my recollection. The gentleman Mr. ATKINS. I hope the House will determine how much it means from Ohio [Mr. HURD] did state to me, however, that he proposed to to appropriate for this purpose, and not leave it to the Committee on offer some amendments; and they may be in the nature of a substitute. Appropriations. Mr. BANNING. I understand that the gentleman from Maine, [Mr. Mr. HOPKINS. I do not know how much money would be needed. FRYE,] the gentleman from Ohio, [Mr. HURD,] and the gentleman The resolution only came from the Senate to-day. I had no previous from Wisconsin [Mr. LYNDE] are opposed to the billreport.ed by the notice that such a resolution was contemplated. It passed the Sen- gentleman from Ohio [Mr. LAWRENCE] and that they presented a ate unanimously. It provides that the Committees on Appropriations minority report. of the two Houses shall report a suitable bill, and it will be for those Mr. LAWRENCE. The gentleman from Ohio [Mr. HuRD 1 and the committees to ascertain the amount needed. gentleman from Maine [Mr. FRYE] have presented a minority report, Mr. ANDERSON. I have no objection to the resolution. which is printed. The gentleman from Wisconsin [Mr. LYNDE] ha-s Mr. HOPKINS. I have no desire to discuss the question, but I hope not united in any minority report. it will pass the House with the same unanimity with which it passed Mr. BANNING. I understand that the gentleman from Ohio [Mr. the Senate. • HURD] ha-s telegraphed that he will be here in the morning and that The question wna taken, and the resolution was unanimously he wishes to speak on the bill. agreed to. Mr. LAWRENCE. Very well; my proposition will accommodate Mr. HOPKINS moved to reconsider the vote by which the resolu- him. I propose that after the morning hour there shall be two hours' tion wa-s adopted; and also moved that the motion to reconsider be debate, and then I will call the previous question. laid on the table. Mr. HURLBUT. I would suggest to the gentleman that to-morrow The latter motion was. agreed to. is private-bill day. OTOE AND MISSOURIA INDIANS. Mr. LAWRENCE. Private bills must give way to this. Mr. RICE. That will be a matter of consideration for the House. Mr. PAGE. I desire to report from the Committee on Indian Affairs, The SPEAKER pro ternpo·re. This can only be arranged by unani- with amendments, the bill (S. No. 779) to provide for the sale of the mous consent. reservation of the confederated Otoe and Missouria Indians, in the Mr. WHITE. Then I object. States of Kansas and Nebraska. Mr. LAWRENCE. I hope the gentleman will not object. The bill and amendments were read. Mr. WHITE. Before insisting on my objection I desire to make a The SPEAKER pro tempore. Is there objection to the considera- parliamentary inquiry. If I understand correctly, the regular order tion of the bill at this timeT to-morrow will be the consideration of the Private Calendar T Mr. PAGE. I desire to say one word. This bill has the approval Mr. LAWRENCE. This will take precedence, because it will come of the Indian Bureau, and was approved by the Committee on Indian up as unfinished business. Affairs of the Senate as well as by the committee of the House. The SPEAKER pro tempore. If this is pending at the adjournment Mr. TERRY. I object to its consideration. [Cries of ''Regular it would come up in the morning as unfinished business, and would order."] take precedence of everything else. LEAVE TO PRINT. Mr. WHITE. Then I withdraw my objection. Mr. LORD. I ask unanimous consent that my colleague from New Mr. HOLMAN. I wonld suggest to the gentleman from Ohio, as York, Mr. LAPHAM, who was called home on public business and did the time to be allowed for discussing the bill is quite brief, that by not get back in time to make his speech upon the Geneva award bill, unanimous consent the speeches be short. Let the time for speeches be allowed to have it printed as a part of the debates in the CoN- be :fifteen minutes. GRESSIONAL RECORD. 1\Ir. LAWRENCE. I am willing for that; we can arrange all that There was no objection, and leave was granted. [See Appendix.] matter to-morrow. Let there be two hours' debate after the morning TELEGRAPIDC COMMUNICATION BETWEEN AMERICA AND ASIA. hour, and then let the previous question be called. Mr. PAGE. I understand that this arrangement does not conflict The SPEAKER pro tempm·e, by unanimous consent, laid before the with the morning hour at all. House a message from the Senate, requesting the re~urn of the bill The SPEAKER pro temprn-e It does not interfere with the call of (S. No. 892) to encourage and promote telegraphic communication be- committees for reports during the moming hour. tween America and Asia. - · Mr. LAWRENCE. My proposition is that after two hours' debate, No objection va-s made, and the request was granted. after the mor~ing hour, the previous question shall be called. CHARLES DAIKER. Mr. WHITE. If this measure has precedence, why does the gentle- The SPEAKER p1·o tempore, by unanimous consent, also laid before man ask unanimous consent now t the House a letter from the chief clerk of the War Depart.ment, trans- Mr. LAWRENCE. I desire to fix a time for the consideration of mitting reports of the commanding general of the Department of the this bill; otherwise it would take up the whole day, and we should Columbia on the case of Charles Daiker, of Sitka, Alaska; which was lose the morning hour. referred to the Committee on Military Affairs. No objection was made, and th proposition of Mr. LAWRENCE was agreed to. . ffiREGULARITIES IN PENSION CLAIMS. -Mr. PAGE. I call for the regular order. The SPEAKER pro tempore also laid before the Honse a.lett.er from The SPEAKER Jl'I'O ternpo1·e. The regular order is the call of com- the Secretary of the Interior, transmitting a communication from . mittees for reports. the Commissioner of Pensions recommending legislation authorizing Mr. LAWRENCE. I must hold the floor, and therefore I move that him to waive irregularities in claims filed prior to July 1, 1876; the House do now adjourn. which waa referred to the Committee on Invalid Pensions. . . ... ., · CONGRESSIONAL RECORD-SENATE. 4435 WITHDRAWAL OF PAPERS. appropriations for the legislative, executive, and judicial expenses of Mr. LANDERS, of Indiana, asked and obtained unanimous consent the Government for the year ending June 30, 1877, and for other pur- for the withdrawal from the files of the House of the papers in the poses, having reported that they were unable to agree, it was case of Mrs. Margaret A. Northeren for a pension. Resolved, That the House further insist on its disagreement to the amendments of the Senate to the said bill, and aak a further conference with the Senate on the Mr. WIDTTHORNE asked and obtained unanimous consent for the disagreeing votes of the two Houses thereon; and that Mr. SAMUEL J. RANDALL of withdrawal from the files of the House of the papers in the case of Pennsylvania, Mr. WILLIAM R. MORRISON of lllinois, and Mr. JOHN A. KAsSON of George P. Hebb. Iowa be the managers at the conference on the part of this House. LEAVE OF ABSENCE. PETITIONS AND MEMORIALS. Leave of absence was granted as follows: Mr. KERNAN presented the petition of Amy Otis, mother of Henry To Mr. PARSONS for one week; Otis, late of Company F, Ninty-eighth Regiment New York Volun- To Mr. DENISON indefinitely from Monday la-st on account of sick- teers, praying for an amendment to the fifteenth section of the act ness; and to revise, consolidate, and amend the laws relating to pensions, ex- To Mr. IIARALsoN for two weeks. tending the time of limitation for obtaining aiTears until the 4th of ENROLLED BILLS SIGNED. July, 1876; which was referred to the Committee on Pensions. ?Yir. HARRIS, of Georgia, from the Committee on Enrolled Bills, .Mr. MERRIMON present-ed the petition of John H. Wheeler, D. C. reported that they had examined and found truly enrolled bills of the Forney, and William Russell, citizens of the District of Columbia, following titles; when the Speaker pro tcmpore signed the same: praying that they be relieved from illegal a.ssessments made by the An act (S. No. 1i6) to authorize the Northwestern Improvement authorities o.f Washington ; which was referred to the Committee on Company, a corporation organized under the laws of the State of Wis- the District of Columbia. consin, to enter upon the Menomonee Indian reservation and improve Mr. JONES, of Florida, presented the petition of Hannibal Rowe, the Oconto River, its branches and tributaries; of Milton, Florida, praying compensation for services rendered as An act (S. No. 369) to exempt vessels engaged in navigating the agent of the United States Government while employed in protecting Mississippi River and its tributaries above the port of New Orleans and preserving the live-oak timber in that State on the live-oak plan- from entries and clearances; tations belonging to the United States; which was referred to the An act (S. No. 454) for the relief of the sureties of J. W. P. Hun- Committee on Claims. tington, deceased, late superintendent of Indian affairs in Oregon; REPORT OF A COMMITTEE. An act (S. No. 560) for the relief of Benjamin L. Cornish, late sec- Mr. WITHERS, from the Committee on Pensions, to whom was re- ond lieutenant of the Thirty-second Wisconsin Volunteer Infantry; ferred the bill (S. No. 832) to increase the pension of Helen M. Stans- An act (S. No. 728) for the relief of Martha J. Coston; n.nd bury, reported it without amendment. An act (S. No. 962) to amend an a~t approved April17, 1876, pro- viding for the sale of a part of the custom-house lot in Rockland, BILL INTRODUCED. Maine. . Mr. WINDOM asked, and by unanimous consent obtained, leave to Mr. HARRISON, from the same committee, reported that they had introduce a bill ( S. No. 978) extending and con tinning the act entitled examined and found truly enrolled a bill of the following title; when "An act to provide temporarily for the expenditures of the Govern- the Speaker pro tempore signed the same: ment;" which was rend twice by its title, and refeiTed to the Com- An act (H. R. No. 2575) to amend sections 3893 and 3894 of theRe- mittee on Appropriations. vised Statutes providing a penalty for mailing obscene books and SIOUX INDIANS. other matters therein contained and prohibiting lottery circulars Mr. INGALLS submitted the following resolution; which was con- passing through the mails. sidered by unanimous consent, :md agreed to: Mr. BAKER, of New York, from the same committee, reported that they had examined and found truly enrolled a bill of the following ible Resolved, That the President be requested to inform the Senate, if not incompat- with the public interest, whether the Sioux: Indians made any hostile demon· title; when the Speaker pro tempore signed the same: stra.tion prior to the invasion of their treaty reservation by the gold-hunters; An act (H. R. No. 3263) making appropriatiqns for the service of whether the present military operations are conducted for the p~ose of protect- the Post-Office Department for the fiscal year ending June 301 1877, ing said Indians in their right-s under the treaty of 1868, or of punishing them for re- sisting the violation of that treaty i' and whether the recent reports of a.n alleged and for other purposes. disaster t{) our forces under Genera Custer in that region are true. RANK OF THE PAYMASTER-GENERAL. FORT !{EARNEY RESERVATION. Mr. MAcDOUGALL. I ask unanimous consent to report from the Committee on Military Affairs, with a recommendation that the same Mr. HITCHCOCK. I move that the Senate proceed to the consid- do pass, Senate bill No. 843, establishing the rank of the Paymaster- eration of the bill (S .. No. 894) to provide for the sale of the Fort General. Keamey military reservation in the State of Nebraska. It is a bill Mr. HOLMAN. I insist npon the regular order. that will take but a single moment. It was objected to by the Sen- The SPEAKER pro tempore. The regular order is the motion of the ator from Vermont [Mr. EDMUNDS] the other day, but I understand gentleman from Ohio [Mr. LAWRENCE] that the House now adjourn. that he now withdraws his objection. The motion was agreed to; and accordingly (at four o'clock and The motion was agreed to ; and the Senate, as in Committee of the fifty minutes p.m.) the House adjourned. Whole, resumed the consideration of the bill. The bill was reported from the Committee on Militnry Affairs with q,mendments. The first amendment was in line 6, to insert after the word " only" PETITIONS. the words "at the minimum price;" so as to read: The following petitions were presented at the Clerk's desk under To offer said land to actual settlers only at the minimum price, under and in ac- the rule, and referred as stated: cordance with the provisions of the homestead laws. By Mr. CASON: The petition of citizens of Des Moines Valley, Iowa, Mr. HITCHCOCK. I ask to withdraw this amendment. that Congress request the United States Supreme Court to issue a spe- The PRESIDENT pro temp01·e. The amendment is withdrawn, if cial mandate to the Federal courts in Iowa to postpone all action in there be no objection. The Chair hears none. reference to the Des Moines River lands awaiting the action of Con- The next amendment of the Committee on Military Affairs was to gress upon certain memorials in regard to said lands, to the Commit- insert at th~ end of section 1 the following additional proviso : tee on Public Lands. .And provilkd further, That the heirs of any person having made settlamentand By Mr. HOPKINS: The petition of Vincent T. d.'Auville, a citizen improvement aa above described prior to June 1, 1876, may complete the pre-emp· of Pennsylvania, for compensation for the loss of time and property tion or homestead entry of the person so deceased. and for damages to his health and chance~ for advancement in life Mr. IDTCHCOCK. In line 14 I move to amend the amendment by by reason of his illegal imprisonment by English authorities, to the adding after the word " any" the word " deceased," and to strike out Committee on Foreign Affairs. the word " having" and insert " who had ;" so as to read : That the heirs of any deceased person who had made settlement and improve- ment as above described, &c. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to. IN SENATE. Mr. FRELINGHUYSEN. I should like the Senator from Nebraska FRIDAY, JtJ,ly 7, 1876. to be good enough to explain the nature of this bill. Mr. HITCHCOCK. This is a reservation about ten miles square, The Senate met at eleven o'clock a.m. two hundred miles west of Omaha. It has been abandoned for all Prayer by the Chaplain, Rev. BYUON SUNDERLAND, D. D. military purposes. There is nothing on the land except the improve- The Journal of yesterday's proceedings was read and approved. ments placed there by settlers. Settlers have been there for some time; I do not know how long, but ever since it was abandoned, now MESSAGE FROM THE HOUSE. two or three years ago. They have settled upon this reservation as A message from the House of Representatives, by Mr. GREEN ADAMs, they usually do in such cases, and this bill is to allow them to go on its Chief Clerk, announced that the managers on the part of the House and pre-empt and homestead this land like any other land. at the third conference on the disagreeing votes of the two Houses Mr. FRELINGHUYSEN. Is there any communication from the on the amendments of the Senate to the bill (H. R. No. 2571) making War Department upon the subject t 4436 CONGRESSIONAL RECORD-SENATE. JULY 7, Mr. HITCHCOCK. There ha.s been. The War Department Jlp- of the salaries would involve very gre!l.t labor, very careful and ex~ proves it. The bill passed the Senate once before. The W a.r De- act consideration and detail, and a great deal of time. Now, consider partment approved the bill at that time. that at the end of these six months the Senate was expected to con- Mr. SHERMAN. Let the first section be again read. sider and pass, or pass without consideration, the principal appro- The Chief Clerk read the first section of the bill. priation bills for carrying on the Government. That is the predica- The bill was reported to the Senate as amended, and the amend- ment" in which the Senate found itself at the end of six months of ments were concurred in. the session of Congress. . The bill was ordered to be engrossed for a third reading, read the What was to be done on the first proposition by your committee f third time, and passed. By the exercise of the only function it is presumed to have, and the only reaJ. function it really h:ta, it was to consider, first, what the LEGISLATIVE, ETC., APPROPRIATION BILL. service was, as established by law, and to provide for it; and if we had Mr. MORRILL, of Maine. I rise to present a report of the commit- b~d any othor function, that was the only pr;l.cticable one at the late tee of conference on the disagreeing votes of the two Houses on the hour <~.t which this bill came to us. legislative, executive, and judicial appropriation bill. Mr. MORTON. Will the Senator before leaving that point state The Chief Clerk read the report, as follows : the extent of the changes f Tho committee of conference on t.h e disagreeing votes of the two Houses on t.h e Mr. MORRILL, of Maine. The extent of the changes covered the amendments of the ' Senate to the bill (H. R. No. 257L) malting appropriations for entire service. I am spe'1king now of the compensations to all clerks the legislative, executive, and judicial departments of the Government for the and employes receiving above $1,200 a year. fiscal year ending June 30, 1877, and for other purposes, having met, after full and Mr. KERNAN. The Senator will allow me to ask what was the free conference liave been unable to agree. LOT M: MORRILL, percentage of the general reduction f WM. WINDOM, Mr. MORRILL, of Maine. The percentage was not quite exact. R. E. WITHERS, It v1.ried from 10 to 35 or 40 per cent. ManagerB on the part of the Smate. Mr. EDMUNDS. It wa.s a variegated percentage. ·SAML. J. RANDALL, Mr. MORRILL, of Maine. Yes ; the Senate will perceive there was OTHO R. SINGLETON, CHARLES FOSTER, no exact rule that could be applied. As a general proposition, 10 per ManagerB on the part of the Hov.ae. cent. wa.s applied to a certain class of clerks '\nd employes above class Mr. MORRILL, of Maine. I will simply send to the Chair and ask one and up to class four, but beyond that it was irregular. , that the proposition of the conferees on the p:trt of the Senate to the Mr. FRELINGHUYSEN. Not to interrupt the Senator again, I conferees on the part of the House of Representatives may be read at should like him to state what gross amount of reduction was made the Clerk's desk, a11d I ask the attention of the Sena.te to the proposi- by the bills as passed by the Senate. tion. Mr. MORRILL, of Maine. In the who.le t The PRESIDENT pro tempore. The Secretacy will rest.d whl\t is Mr. FRELINGHUYSEN. WhJlt gross amountf desired. Mr. MORRILL, of Maine. On this particular bill f The Chief Clerk read as follows: Mr. FRELINGHUYSEN. No; the gross amount of all the appro. prhtion bills. The committee of conference on the p:u-t of the Senate submit that as anything like a. just and intelligentadjnstment of the sal.'\ries of the employes, clerks, heads Mr. MORRILL, of Maine. If my honor!\ble friend will excuse me, of bureaus, chiefs of divisions and of the subdivisions of the Executive Depart. I will come to that a little later. I should like to speak now of the menta, a service at once extended and diversified, must necessarily involve a criti- difficulties the two committees have encountered in coming to an cal and laborious examination into its details and duties, an undertaking quite im- agreement on the disagreeing votes of the two Houses; and I am practicable in the l!l.st days of a session of Congress, and unwise to attempt in con- nection with an appropriation bill, the committee therefore propose, as a conces- stating the difficulty your Committee on Appropriations found in sion, in order to meet the views of the Honse on the subject of appropriations for the beginning. It wa-s to enter upon the task of arranging the salaries the salaries, that the Senate will recede from its amendments to the bill of the of the entire civil service in the Executive Departments of the Gov- House in this respect, and· remit the question of the revision and adjustment ernment, and that, in the last month, it was to be hoped, of the session. of the S.'\JDe to a joint select committee of four, two of whom shall be appointed by the presidin~ officer of each Honse, whose_duty it shall be to r evise and ad,inst the If there were no question of law or parliamentary usage to control a salaries, havrng du€1 regard to o. just public economy and the efficiency of the serv· matter of that sort, is it not obvious that such a ta-sk as that could ice, $\Ild make report of their doing therein on the first day of the next session of not be undertaken f But your committee had no option about it. It Congress: And provided, That any change made in said salaries by Congress upon had no right whatever to consider a question of a change of salaries. said report shall take effect from the lst day of July, 1876; and all persons who shall be affected thereby and who shall continue in the service shall be deemed Its d-o.ty, and its whole duty, having charge of making appropriations t~ have accepted the terms hereof and acquiesced therein. for the service of the Government, was done when it had ascertained But the Senate cannot, having regard to its constitutional rights and duties aa a what that service was and the amount of appropriations demanded co-()rdinate branch of the legislative department of the Government, assent to the for it in order to comply with the requirements of law. That was changes in the existing law that it believes to be pernicious as the price of seem·· ing appropriations necessary to carry on the operations of the Government under the sum total, t~e beginning and the end of its whole duty, and any- the laws as they now exist. And upon the same principle the Senate does not thing else than that was a usurpation of the le~islative fun·c tions of demand that the Honse of Representatives shall vote to appropriate any money, this body. Therefore the committee had nothmg to do bnt to place even to meet the legal obligations of the United States, that the House may feel that compensation where the law bad placed it, and report the bill itt~ be its duty to refuse; thus leaving to each House absolute independence in respect of acceding or not acceding to new provisions of law that it believes to be back to the Senate. I believe the Senate divided upon that whole unwise. s~bject but once, upon one single proposition, thereby approving a-s And the committee further submit that the Senate will recede from its amend- the committee had a right to believe and did believe the proposition ments to the House amendments on the reduction of the civil list in the Executive that it wa-s not the function of an Appropriation Committee to change Departments. of clerks and employes, and agree to any amendments which shall reduce the number one-half that proposed by the bill of the Honse, observing in the law, but to appropriate in obedience to it was the obvious duty such reduction the exercise of Ruch discrimination as to the needs of the service in of the committee. the several subdivisions thereof as a careful examination of the same may indi- We are met in conference upon the gro.und that the House of Rep- cate. resentatives does not agree to the proposition of the Senate to place Mr. MORRILL, of Mnine. Mr. President, I move that the Senate these salaries in harmony with the obligations of the law and the further insist upon its amendments and agree to the further confer- public .service a.s established by law, but it will put its judgment and ence asked by the House of Representatives, and if it is the desire of fiat against the Senate and against the law; it is insisted that it pos- the Senate I will make some observations in regard · to the attitude sesses that omnipotence which is peculiar to the House of Commons, of the two Houses upon this great bill touching the entire civil serv- and which practically constitutes the House of Commons the Parlia- ice of the country and the circumstances surrounding it. ment, and makes the Senate "the effete Lords of Great Britain." I begin by saying that the Committee on Appropriations of the That is where we are. An a-ppropriation committee has come to mean Senate from the outset have been disposed, in great sincerity and can- the will of one branch of Congress and but one, and on a question of dor and with alacrity, to meet every honest disposition on the part that sort there is no co-ordinate branch; and that is the attitude in of the House of Representatives for retrenchment of the public expend- which the Senate is placed, and upon such ground as that conference itures, as I am sure every member of that committee will bear me out is impracticable, conference is impossible because there is and there in saying, and as I certainly in turn will say of every member of that can be but one party to such a question. committee on the other side of the Chamber, and I am sure that those Now, in order to get rid of this complication, let us see what the who have observed the temper of the Senate will agree that no other committee on the part of the Senate proposed. The House on the feeling or disposition has at any time been manifested except to meet first conference, as I said on a former occasion, refused to concur with ever;r just demand for retrenchment which is consistent with the pub- the Senate in placing the compensation in harmony with the law. lic service. They would appropriate no more. Very well. It mu~t he seen that Now let us see what the precise points of the difference between in order·to get a conclusion there must be concessions on one side or the two Houses are upon this question. The House of Representatives the other. The Senate could not recede from its amendments and sent this particular bill to the Senate, covering the entire civil service take the action of theHouseof Representatives changing by absolute of the Executive Departments, with certain amendments: first, an law the entire salaries of the whole civil service in the Executive De · amendment touching the compensation of this service and a change partments. The Senate could not do that ; especially the Senate in the law in that respect and, secondly, a very large numerical re- could not do that if demanded as the price of any appropriation at duction of the civil list. Those were the two fundamental proposi- all. To do that, was to concede that we were no longer a co-ordinate tions. The bill came from the House of Representatives at the end branch of the legislative department of the Government. It was of six months to be considered by the Senate. To investigate a ques- abdication, a-S my honorable friend sitting near me [Mr. SHERMAN] tion so broad as anything like an intelligent and just consideration says, absolute abdication. Well! if adhered to it is revolution. As 1876. CONGRESSIONAL RECORD-SENATE. 4437 long as the House of Representatives simply insists, we are to confer; last proposition meets the House of Representatives half way. Why 1 but when the House of Representatives gets so far that it adheres, It is better that the public service should suffer somewhat than to it is revolution. That is what it is, absolute revolution. It is a de- ~ncounter the perils which will come from a disagreement on this fiance of the law, and that is revolution in this country. I maintain subject; and therefore, although it is the judgment of your confer- that in the Senate, in the House of Representatives, or out of it, ~he ees that this concession will to some extent injure the public service, rule of right for our action here or elsewhere is the law, and it is will involve a good deal of difficulty first and last, yet on the whole equally obligatory on all; and whoever rebels against it is revolu- it is best to make that concession, distributing it carefu]Jy over the tionary. · various Departments, and take the consequences, whatever they are. What then did we propose f The House will appropriate no more How is that received Y Absolutely rejected. The Senate will judge than a certain portion for this compensation. We said, "We will what is to be done after that. take it, gentlemen." "Well, but there will be a claim for the bal- Now, just a word about the difficulties in which we are. It is said ance." " Certainly there will." "Well, we shall be open to suit." that we are dividing on a small matter. Well, Mr. President, if you Certainly you will, because t,h is civil service is no myth. It is are- look at this question of salaries as applicable to the clerks-! am not ality; it is an entity. While it performs its duties it has its claims now speaking about the compensation of the members of Congress; upon the Government as sacred as any right. It has a right to the but, taking this rule as it applies to the clerks, it is so small that it compensations that are fixed by law until they are changed by the seems to me, standing by itself, it would be so immaterial-the mere concurrent action of the two branches of Congress, with the a.ssent of dust in the balance-that you could hardly suppose the Congress of the President; and either branch that undertakes to innovate upon the United States would accord it a moment's consideration, as surely that basis gives the civil service a remedy against the Treasury of they would not. Now, what is the trouble t How much do Senators the United States. Now, bow should such a complication as that be suppose is in controversy on that simple question of salaries touching cut f The House would not yield, would not appropriate any more the clerks 7 I see it is stated in the RECORD this morning that it all money; the Senate would not yield to the House to change the sal- amounts to only $250,000, or less than $300,000. aries. What, then, should be done T Mr. WINDOM. Right at that point will the Senator allow me to The Senate conferees, in order to make a concession which would make a suggestion T relieve the House from the appropriation of any more money, and in Mr. MORRILL, of Maine. Certainly. order to relieve the Senate from the embarra-ssment in which the Mr. WINDOM. !!'he Senator will bear in mind that a proposition House amendment changing the salaries had placed it, and maintain wa.s made from the House conferees to reduce on the second-class its own character and its own independence as a co-ordinate branch clerks $50 a year, on the third-class $50, and on the fourth-class $100, of the Government, said, "We will do this: we will take what you and that, footed up, makes less than $100,000, so that it is not the appropriate; but on the question what the salaries shall be for this amount so much as the principle of coercing the Senate into an agree- particular year and for all the future, so far as we are concerned, ment on a change of the law. we will remit that question to a committee of four appointed by the Mr. EDMUNDS. That is all they care about. presiding officers of 'the respective branches, who shall revise and Mr. MORRILL, of Maine. That shows how trivial a thing it is in adjust the whole question of compensation covered by this bill; and, the way of economy to touch those salaries; and that shows how right Congress enacting it, that shall be the compensation for this year." we were in ourbeliefthatthereductionof salaries fixed in 1854when Is that fair f Is that a reasonable proposition T Can any Senator the purchasing power of the dollar was twice what it is now, partic- rise here and tell this committee if he can, pray instruct them, or ularly as applied to this city, is not the real point and that this effort some other committee, what is to be done in this difficulty consistent is not in the interest of a just economy. I do not mean to impeach with the integrity of both branches of Congress, consistent with the the motives of the House of Representatives. I have said heretofore views of economy which they present tons on the part of the House, and I repeat now that they think this can be done. I give them all and also consistent with our own prerogative or our own character credit; but I do not believe it ought to be done, nor do I believe it as a co-ordinate branch of the Congress of the United States. can be proved to anybody that a crusade upon salaries fixed in 1854 You will see, Mr. President, that instead of undertaking to ar- under those circumstances and never touched by the party in power ran~e the salaries ourselves, which is an impossibility, if we were to down to this day is a matter of public necessity, or that there is any try It at this period of the session, instead of taking these salaries public justice in the attempt to raid upon the clerks in these Depart- from the House of Representatives and changing the law, we say to ments for any such purpose. It is too insignificant altogether for them, "Let the whole subject be revised, and whatever shall be the the consideration of statesmen. judgment of Congress upon that revision, the report being made on Now let us see the order of events by which it comes to pass. The the first day of the next session, that shall be the law and that shall first event of which this is the outgrowth was the attempt of a com- be the compensation." Provision is made in ibis proposition to the mittee to gather unto itself all the power of legislation upon an ap- end that all persons in the civil service shall take notice of the fact prop.r iation bill. There is where it began; and only in this light can that we are revising the salaries, and if they continue in office up to you see the significance of what has been attempted, and only in this the time when the change i!:! made the changed compensation shall light can you see the importance of performing our duty to this Sen- be that which they shall receive. ate to-day and to the country to-day on the whole question of the If more can be done consistent with the integrity of this body, let salaries. some man here proclaim it. So far as I am concerned, with every dispo- Do not understand that I am here to mvoke the Senate of the United sition to make honorable and just concessions to the Honse of Repre- States to stand firm as to the change of a salary of a clerk from $1,400 sentatives, and only anxious to guard against the perils of an assump- to $1,350. That is not a subject of very great gravity in my mind, but tion which denies to the Senate of the United States the rights of a the principle that lies behind it, the authority that demancls the right co-ordinate branch of the Government on questions of this sort, I have to do it as against the Senate, covers the whole field of legislation and done the utmost in my power to conciliate and to concede everything annihilates the Senate of the United States in principle. That is what that would bring us to a conclusion. it is. Now let ns follow this out a little and we shall see the conse- So much for the first part. The next proposition waa the reduc- quence of this change which we resist, of this undertaking to tell the tion of the numerical force. The House of Representatives propose Senate of the United States how much shall be appropriated and what to reduce that force twelve hundred. I appeal to my associates on laws shall be changed. Let us see what has been done on the line of the committee if they do not believe we all acted in perfect good the change of the public service through a Committee of Appropria- faith and with a desire to meet the House of Representatives at the tions simply, whose functions are rather administrative than legisla- very lowest figure consistent with the public service. The commit- tive. This is not the only instance. Other things in their order came tee came to the conclusion that something like a third of the pro- up on other bills. · posed reduction was all that the public servi~ would bear without On the bill appropriating for the Army is a re-organization of the being crippled. I desire that the Senate should understand how we whole Army of the United States, a thing so delicate, a thing so com- got a,t that. It was by no guess. In the first place this committee plicated, a thing so critical in all its relations, as was well explained has some experience on this subject. Year after year since the war by my honorable friend from illinois, the chairman of the Military was over, since it became necessary to curtail the expenditures of Committee, [1\Ir. LOGAN~] that it would take months of the time of the Government, it has been our annual, obvious, and exigent neces- those best acquainted with the subject to comprehend it; and yet sity to examine into this service in detail. We think we know some- the whole thing is proposed to be done upon an appropriation bill. thing about it; but we are not apt scholars, perhaps. However, And, Mr. President, just in harmony with the purpose-just in har- with that knowledge which we have, we made application to the mony with the act-for I will not talk of motives or purposes-what heads of the Departments and Bureaus having this great duty in do you find' It is proclaimed that the Army is altogether out of charge, requiring them to institute a careful inspection into the whole place in our system. Yes, sir; that has gone to the country absolutely service and to report to the committee the lowest figure to which that that the Army of the United States is utterly out of place in our sys- service could be reduced with. a view of meeting the House of Rep- tem, and ·one honorable gentleman has said here or somewhere else resentatives a.s far as was pmcticable, consistent with the public that he believes it is not only useless but on the whole it is pernicious welfare. . in this country; that all we needeJ, he believed, was about three Thereby we reached the conclusion previously stated. But here is regiments of cavalry and those shoulfl be under the direction of the the disagreement. The bills must be paBsed in some way by some Interior Department to guard the frontiers against the Indians. See mutual concession. The House of Representatives stands on a reduc- what a predicament we should be in. Abolish all the Army except tion of twelve hundred, which is one-fourth of the entire service, and three regiments and cover them into the Interior Department; and the Senate on its judgment, backed by the authorities at the head of then abolish the Indian Bureau and cover that into the Army! That this service, stands on one-fourth of that. What is to be done 1 This · is the condition in which these bills come to us. '4438 CONGRESSIONAL RECORD-SENATE. JULY 7, Then following out the same policy, you had a re-organization of sents, the party proposing is the innovating party, and so far as I the Navy to some extent, and then you had an abolition, absolute and know in the whole history of the country the innovating party al- unqualified, of the Indian Bureau, and then you had a repeal of the ways retires. If the Senate, for instance, proposes a material change enforcement act. Think of that! Yon had a repeal on an appropria- in the law upon an appropriation bill or upon any other bill, but par- tion bill of the enforcement act and of the election laws, and in con- ticularly up.on an appropriation bil1, which the House of Represent- sequence of that, of course you had a large reduction of the expendi- atives does not see fit to accede to, it is the bounden duty of the Sen- tures nece sarv for the maintenance of those acts. ate to retire from it. The law still remains, and is the law of the Then again,vas if the extravagance of the Government was so ex- land, here as everywhere else. That is all I meant to say, and that treme that no branch of the public service could be omitted, you bad is aU I did say. an entire revision of the diplomatic and consular relations of this I hope, therefore, my honorable friend from Ohio will not think it country. The salaries of this service were established in 1856, rest- is quite right for him to say that I have arraigned the House of Rep- ing upon the basis of 1856. Now the expenses of living are increased resentatives as a revolutionary body. 'Nothing was further from my very largely over the expenses of living at that day in all quarters of purpose, and nothing was fru'ther from anything I said. I repeat, the world, and everybody who knows much about our foreign affairs Mr. President, that we are not quarreling or dividing (dividing is a knows that we pay our diplomats much less than any nation at all better word, I withdraw the other) upon the question of the salaries comparable with us as a power. That must all be revised and re- of fourth-class clerks, fifth-class clerks, sixth-class clerks, or what not. duced, as if we stood in the presence of some overpowering exigency! We are dividing upon the general power undertaken to be exercised Mr. SHERMAN. With my friend's permission I will move that the against the Senate to require it to receive whatever appropriation order in regard to the meeting of the court at twelve o'clock be post- the House of Representatives sees fit to send to it, accompanied by poned until one to allow this matter to be discussed and disposed of. whatever change of the law it sees fit also to send. Mr. EDMUNDS. It would be better to say "until the termination The PRESIDENT pro tempore. The Chair will interrupt the Sen- of this business." ator to receive a message from the House of Representatives. Mr. SARGENT. We ought . to notify the House, and so fix a defi- MESSAGE FROM THE HOUSE. nite time. Mr. SHERMAN. Yes, I think we ought to fix a definite time. I A message from the House of Representatives, by Mr. G. M. ADAMS, think we ought to finish this matter ; it is pressing. I think we had its Clerk, announced that the House had passed the following bills: better fix an hour so as to notify the Rouse. A bill (S. No. 382) to appropriate $1,000 to remove the remains of Mr. EDMUNDS. I think we shall lose time by fixing an hour. I Ron. E. Rumsey Wing, late minister to Ecuador, from Quito to the think it would be better to say, "until this matter is terminated_,and cemetery at Owens borough, Kentucky; and that the House be informed when we are ready to receive the man- A bill (S. No. 872) for the relief of the family of the la.t e John T. agers." King and of L. B. Cutler. Mr. SHERMAN. I will make a motion that the trial be postponed The message further announced that the House had agreed unani- for the present, and that due notice will be given to the House when mously to the resolution of the Sen::~.te of July 5, 1876, rel::~.tive to the the Senate is ready to proceed with the trial. completion of the Washington Monument in the city of Washington. Mr. THURMAN. What is the pending question Y The message ::~.lso announced that the House returned to the Sen- The PRESIDENT pro tempore. The report of the committee of con- ate, in accordance with its request, the bill (S. No. 892) to encourage ference on the legislative, executive, and judicial appropriation bill. and promote telegmphic communication between America and Asia. Mr. THURMAN. If I comprehend the object of my colleague in The message further announced that the House had passed the fol- his motion, it is that the Senate shall take some definite action on lowing bills; in which it requested the concurrence of the Senate: this report. . A bill (H. R. No. 2585) for the distribution of the unappropriated Mr. SHERMAN. There is a request for another conference. moneys of the Geneva award· ::~.nd Mr. THURMAN. I wish to understand the precise question before A bill (H. R. No. 3849) for the relief of James W. Harvey and James the Senate. Livesey, of the firm of Harvey & Livosey, of Wisconsin. The PRESIDENT pro tempore. The Sen::~.tor from Maine has moved that the Senate insist on its amendments, and grant the request of ENROLLED BILLS SIG~TED. the House for another conference. ·That is the pending mot.ion. The message also announced that the Speaker pro tempore of the Mr. THURMAN. Then, if it is in order to say a word on the mo- House had signed the following enrolled bills; and they were there- tion of my colleague, I wish to say that I do not see why we cannot upon signed L>y the President pro tempore: vote on that motion at once; but if there is to be a heated debate A bill (S. No. 176) to authorize the Northwestern Improvement here, an impeachment trial, not of the late Secretary of War, but of Company, a corporation organized under the laws of the State of Wis- the whole House of Representatives, or at lea-st a madority of that consin, to enter upon the Menomonee Indian reservation and improve House, I do not know when this debate will end. the Oconto River, its branches and tributaries; Mr. SHERMAN. Does not my colle!tgue see that it is very proper A bill (S. No. 369) to exempt vessels engaged in navigating the Mis- that the Senator from Maine should give to ns the status of this sissippi River and its tributaries above the port of New Orleans from question, just as was done in the House f I think the Senate is not entries and clearances; to be led into a heated debate about this matter, but it is manifestly A bill (S. No. 454) for the relief of the sureties of J. W. P. Hunting- proper that we should understand the status of the bill. ton, deceased, late superintendent of Indian affairs in Oregon; Mr. THURMAN. I do see a propriety in our knowing the status of A bill (S. No. 560) for the relief of Benjamin L. Cornish, late second it· but as to the propriety of the heated and impatient manner in lieutenant of the Thirty-second Wisconsin Volunteer Infantry; whlch the statement is made and the declaration that attributes to A bill (S. No. 728) for the relief of Martha J. Coston; the House revolutionary proceedings, that is another question. A bill (S. No. 962) to amend an act approvedApril17, 1876, provid- Mr. MORRILL, of Maine. Mr. President, I do not give way. ing for the sale of a. part of the custom-house lot in Rockland, Maine; The PRESIDENT pro tempore. The Senator from Maine resumes A bill (H. R. No. 2575) to amend sections 3893 and 3894 of theRe- the floor. vised Statutes providing a penalty for mailing obscene books and Mr. SHERMAN. I hope the question will be put on my motion. other matters therein contained and prohibiting lottery circulars Mr. MORRILL, of Maine. I will yield for that purpose. passing through the mails; Mr. THURMAN. One word more. A bill (H. R. No. !3263) making appropriations for the service of the ·Mr. MORRILL, of Maine. I do not yield. Post-Office Department for the fiscal year ending June 30, 18i7, and The PRESIDENT pro tem.po-te. The Senator from Maine does not for other purposes ; yield. A bill (S. No. 435) to amend section 5546of tbe Revised Statutes of Mr. MORRILL, of Maine. Especially if the Senator attributes to the United States providing for imprisonment and transfer of United me what I did not say. I said nothing which authorized the Senator States prisoners; from Ohio to make his remark that I had chn.rged revolutionary pur- A bill (H. R. No. 702) for changing the name of the steam-propeller poses or proceedings upon the House..of Representatives. I was stat- Senator Mike N01-ton to America; ing of certain tendencies and certain results, and what they would be A bill (H. R. No. 2676) for the support of the government of the if they reached that point; and I said nothing of the purposes of the District of Columbia for the fiscal year ending June 30, 1877, and for House of Representatives except what is honorable to them, nor do other purposes; and I intend to; but upon the status of things between the House of A bill (H. R. No.3 39) to authorize the Commi sionerof Indian Af- Representatives and the Senate of the United States, my honorable fairs to purchase supplies for the Indian Bureau in open market. friend will pardon me if I state the exact condition of things ; and I hope to be decorous in doing it. VOLUNTEERS FOR SIOUX W A.R. Mr. President, I have said all I care to s::~.y about the pernicious Mr. PADDOCK asked, and by unanimous consent obtained, ]eave policy of undertaking to gather into an appropriation bill the legisla- to introduce a joint resolution (S. R. No. 20) to authorize the President tive functions of Congress and to insist upon enforcing that upon the of the United States to accept the services of volunteers to aid in sup- Senate of the United States. I know, as everybody knows here, that pressing Sioux Indian hostilities in the Northwest; which was 1·ead WA have been accustomed from time to time, on t.he one side and on twice by its title. the other, to propose alterations in the statutes of the country upon Mr. P .A..DDOCK. I move that the joint resolution lie on the table aut! appropriation bills. That has been done, and that will be done, but be printed, and I desire to give notice to the Senate that to-morrow it always implies of course the consent of both sides. Where an amend- I shall call it up for consideration. ment of a statute is proposed by one side and the other side dis- The motion was agreed to. 1876. CONGRESSIONAL RECORD-SENATE. 4439 MESSAGE FROM THE HOUSE. I hope the Senate will give me their attention on this subject, be- .A. message from the House of Representatives, by Mr. G. M. ADAMS, cause I think they will be surprised to see how near the House of Rep- its Clerk, announced that the House had disagreed to the amendments resentB.tives and the Senate really st and upon the question of the ap- of the Senate to the bill (H. R. No. 3749) making appropriations for propriations for this year. There is an impression in the countr:v, as sundry civil expenses of the Government for t.he :fiscal year ending there is here and in the House of Representatives, that the Senate has June 30, 1877, and for other purposes, and asked a conference with stood obstructing the reductions of expenditures. the Senate on the disagreeing votes of the two Houses thereon. The House bf Representatives say to the country that we are sup- porting a very redundant service; that it is plethoric, that it needs to EXTENSION OF LEGISLATIVE SESSION. be curbed, to be pruned. In many respects that is true; but I think The PRESIDENT pro tempore. The hour of twelve o'clock having I am authorized to say that a wrong impression has prevailed about arrived, the legislative and executive business of the Senate will be this service, and it is time the Senate of the United States addressed suspended, and the Senate will proceed t.o the consideration of the itself to a consideration of the subject. In the last three years we articles of impeachment exhibited by the House of Representatives have reduced this very service about which so much complaint is against William W. Belknap, late Secretary of War. The House of made $33,000,000. Representatives will be duly notified. Whoever supposes that the Senate of the United States has been Mr. SHERMAN. I move that the court adjourn until to-morrow redundant upon this question of appropriations, year in and year out, at twelve o'clock. has a total misapprehension of the labors and the performance of the Several SENATORS. 0, no. Senate of the United States. The motion was not agreed to In the :first place, and I mention it not particularly to criticise, it Mr. SHERMAN. I will then move that the court take a recess is said that the Honse of Representatives ha\e reduced by their bills until two o'clock, with a view to finish the consideration of the legis- over the appropriations of laat year $39,000,000. I will have very lit- lative appropriation bill. tle to say about that, except that apparently it would seem to be The PRESIDENT pro tempore. The Senator from Ohio moves that true; that is to say, assuming that the amount of the appropriations the Senate sitting for the trial of the impeachment adjourn until two last year was in round numbers $1";7,000,000, as it was. My under- o'clock. standing of it, which I get from a careful examination of the bills, Mr. SHERMAN. And on that motion I call for the yeas and nays. is that the bills as they passed the Sena.terednced the appropriations The yeas and nays were ordered. over those of la~t year $22,000,000. The difference, then, between us Mr. DAVIS. I understand-- would seem to be that between $22,000,000 and$39,000,000. I do not Mr. SHERMAN. The question is not debatab e. I should like to speak with entire accuracy, but I speak with approximate accuracy. 1 debate it myself if I could. Now, bow shall we account for that difference T Mr. DAVIS. I was going to ask the chairman of the Committee on In order to see whether that reduct.ion of 39,000,000 is really what Appropriations if one o'clock would not be sufficient, instead of two it seems to be, it is necessary that there should be some analysis of o'clock. I see no use of extending the time more than one hour. t.he appropriations on the part of t.he House. In the appropriation Mr. MORRILL, of Maine. That will be ti~e enough. bills of last year there was a deficiency of $4,000,000, and in. making Mr. DAVIS. Then I move to amend the motion by :fixing one this estimate of $39,000,000 the House inadvertently reckoned that in o'clock. as a reduction of the expenses of this year. Of course that should The PRESIDENT pro tmnpore. The question is on the amendment not be counted in. 'I hat would reduce their expenditure to 35,000,000. of the Senator from West Virginia to the motion of the Senatorfrom Then they have re-appropriated balances, a thing quite unprecedented Ohio. as a general appropriation; that is to say, starting upon a career of Mr. FRELINGHUYSEN. I hope that the amendment will prevail. economy, starting upon the idea of making a large reduction of the There are peculiar reasons why we should hear the Senator from public expenditures apparent to the public, they count in, in the :first Maine, and I understand that he will not w::t.nt to occupy more than place, the deficiency bill of lnst year, which does not belong to this an hour. year at all because it is not a reduction anywhere; then they re- Mr. D.A.VIS. I understand that the Senator from Maine thinks one appropriate balances, and they do not count those as an appropriation o'clock will afford sufficient time. at all, t.hat is to say, balances due from this service of the last fiscal Mr. SHERMAN. I will accept the amendment, and modify my mo- year. Instead of making a direct appropriation out of the Treasurv tion so as to say one o'clock. they re-appropriate that balance. • Mr.. MORTON. I will state that there are other Senators who de- Mr. WEST. Without mentioning the amount. sire to be heard upon this question. It is a question of great impor- Mr. MORRILL, of Maine. Without mentioning tb.e amount. That tance and cannot be passed over by shutting everybody out. I hope does not go into the appropriation, and their appropriation seems to the time will not be limited to one o'clock. be less by so much as are those unexpended balances of the last year. Mr. EDMUNDS. Would it be in order now to move to amend the I have not gone into those. I do not know but lhat some of my col- proposition so as to order that the business of the Senate sitting for leagues on the committee have; I have not. I have seen it estimated this trial be suspended until the further order of the Sen11.te, of which elsewhere to have been five millions in all. The whole of the re- the House of Representatives will be notified T appropriation is put at five millions. If you deduct that, then whatT The PRESIDENT pro tempore. Such a motion would be in order. That brings it down to $30,000,000; that is to say, they have reduced Mr. EDMUNDS. If that be in order, I move it as a substitute for the appropriations this year from those of last year $30,000,000. Then the pending proposition. where do we stand T The .Senate have conceded to the House of Rep- The PRESIDENT pro tempore. The Senator from Vermont moves resentatives within $8,000,000. That is not bad. I am inclined to that the proceedings of the trial be suspended until the further order think I shall surprise many of my honorableciends here when I state of the Senate, of which the House of Representatives shall be notified. this fact. I am now undertaking to justify the action of the Senate Mr. CARPENTER. I suggest to the Senator to also embody in his and the Senate committee. I will show you by and by that in some motion t.hat the defendant be notified. respects we have done this very reluctn.ntly. I think it has been over- Mr. EDMUNDS. I suppose it will only be for two or three hours done; but it has been done in the spirit of concession to the House of any way. I do not suppose anybody will go aw:1.y. Representatives. I think the House of Representatives have exacted Mr. C.A.RP~NTER. Very well. more than they were authorized to exact of us in just public economy. The motion was agreed to. :My judgment is that it will be found when the year expires that by reason of these reductions very large deficiencies will be required, LEGISLATIVE, ETC., APPROPRIATION BILL, and that is the way they will be made up. We shall -get through The PRESIDENT pro ten~pO"re. The Senate resumes its legislative this year; we shall get over this particular occasion, and when we business. The pending question is on the motion of the Senator come to refiect.i ve days in the future we shall see that we have struck from Maine, [Mr. MORRILL,] that the Senate further insist upon its the service down below its demands, and shall be obliged to make amendments to the legislative, executive, and judicial appropriation appropriations for deficiencies to no inconsiderable extent. bill disagreed to by the House of Representatives, and agree to the Now let us see how the House of Representatives manage to reduce further conference asked by the House, on which the Senator from the expenditures-ra-ther the appropriations. That must be interest- Maine is entitled to the floor. ing to us all. How do they make the appropriations of this year fall Mr. MORRILL, of Maine. Mr. President, I have said all I desire to so much below the appropriations of last year T I have already re- say, and more than I intended upon the branch of the subject to marked that in the :first place they got rid of the Indian Bureau ; in which I had been adverting. I S!tid that I believed the Committee the second place they went at the foreign service; in the third place on Appropriations on the part of the Senate had from the beginning they went at the Army-they did not want any Army; and in sev- been disposed to meet the House of Representatives in a spirit of eral other particulars they interfered with the public service. But candor and fairness, appreciating their motives and willing to cut coming down now to that service which is not fixed and certain by down the public service to the lowest point practicable. That is my law, there is where the innovation begins; and what did they do f belief, and I think the unanimous feeling of the Committee on Ap- I will show you how they managed to reduce in the sundry civil bill. propriations. The sundry civil bill of last year was $29,459,855. The House appro- I now purpose to tell the Senate exactly what we have done and priated 15,256,731.32 in this year's bill. The sundry civil bill is well what has been realized, what the House of Representatives has done underst.ood by the Senate to mean that which covers all the outlying for the public service in the way of reduction and what t.h e amount service in great variety, and the House of Representatives reduced of reductions on the part of the Senate has been, and how the public that $14,000,000. How were they able to that' Did they have an se~vice is left by its action. intelligent appreciation, a solicitous regard for the service f 4440 CONGRESSIONAL RECORD-SENATE. JULY 7, Let us see how they :wcomplished it. I will give you some of the expenditures. Are we not going to finish these buildings f Of course items. It will be too tedious for you to listen to a deta.il of the we are. If we do not finish them this year, is it money absolutely whole, but I will give you some as a sample. There are two ways of saved T Ths.t depends upon whether you can sell the buildings for reducing expenses. Everybody understands that. If your house- what they cost, and want to sell them; but if they are to stand there keeping has become very expensive this ye:tr you will sell off your to waste, it is not money saved, it is not a just economy n.nd a. just carriages, you will dismiss your servants, you will break up a variety administration of public affairs at all. I am accmmting, remember of thin~sso as to curtail expenses. Now the House of Representative.<; now, Mr. President, for the reductions this year from the expenditures adoptea two methods: :first, to curtail the salaries iu the way of com-_ and appropriations la-st year. pensation; secondly, to dispense with certain branches of the public Now I come to the Bureau of Engraving and Printing, $800,000. service. The first it-em we come to, to account for this reduction in That is saved by the ordinary operations of the public service. We the sundry civil bill, is in regard to navy-yard~. We appropriate an- are not doing as much printing, and I hope we shall do less. The nually for the support of the navy-ya.rds from one million t.o a mill- good day indicated by the resumption act, by the abolition of note ion and a half of dollars ordinarily; latterly, a little less, about a printing and the introduction of silver, enables us to do that. It will million or no million :tnd a quarter. enable us to do many more thingsJ and when it is consummated our Mr. THURMAN. Are those appropriations made in the sundry civil finances will be in a much better condition than -they are at present. billY Another item is a-s to the surveys of the public lands. Usually we Mr. MORRILL, of Maine. Yes, sir; in the sundry civil bill. appropriate something like a million or a little more than a million Mr. THURMAN. Is that the proper place for them t dollars to survey the public lands. . Our domain is immense, as you Mr. MORRILL, of .Maine. Yes, sir; all that outlying service goes know. It has been considered a good policy to survey the public into the sundry civil bill; it is usual there, and there it was not lands. Heretofore I believe without exception, during the whole found this year, but was put in by the Senate. That service covers all series of years that I know anything about the Senate, we have the expenditures for all the navy-yards. I do not mean the appro- thought it one of the proper things to be done to open the public do- priations for improvements, but for the ci vii force for the maintenance main, to survey the public domain, and last year we appropriated of the organization of the navy-yards. What did they do with that t about 1,000,000 for that purpose. This year it is thought good econ- Left it out altogether. omy to save $630,000 on that, and so for that particular item there iB Come to another item, the question of fortifications. The estimate ~hat much less than was appropriated last year. for fortifications this year was 3,315,000. What dicl they do with Bnt I shall weary the patienee of the Senate, I am sure, if I go on that! Appropriated 315,000; and what about the 3,000,000 omitted T with these items. I give you these samples. This is the way these What do we do f We accepted their action. Why t It was discre- appropriations have been reduced. In many instances I approve tionary with the House of Representatives whether they would do it them; in many instances, I am sorry to say: I do not to the extent or not, and it was obvious enough that they did not intend to do such proposed; but where the service has been flexible, where the House a thing as that; and that is a question over which either branch of of Representatives has a right to exercise judgment, in regard to that, Congress has control, particularly these outlying matters. Will not in every instance, the Committee on Appropriations on the part of the Senate perceive how easy it is to retrench, to reform, and to re- the Senate have made ample concessions; and we are not dividing on duce if you neglect the public service altogether in whole or in p~trU anyof them. . That is the way to account for it. Now let me refer to one other item which is of aclass omitted en- Now, what is to be said about that Y It is a public service omitted, tirely from the public service, and goes into this estimate. We ap- is it not T When does it come back to us f Next year, of course. It propriated lllst year $1,060,000 toward the government of the Dis- is a service omitted; I speak of the fortifications. As to these navy- trict of Columbia. I would not like to enter upon that subject; but yards, does anybody suppose that they are to exist without an appro- that we have some obligations to the District of Columbia I think priation f is apparent from the fact that it is the capital of the nation; we Mr. SHERMAN. Is there no appropriation for repairs or p:llnting, have public buildings and grounds here; we own in tl.te way of or anything of that kind t valuation at least one-half of all the property here, and in the end Mr. SARGENT. Not a dollar. we shall have much more than one-half of all that is or ever will Mr. MORRILL, of Maine. Then, Mr. President, another item is the be here. We have an interest in it. That we have no obligations judicial expenses of the Government, amounting to a. little over toward it, for myself, I have never supposed. I have believed that $3,000,000 now. They have been increased of late years. The judicial we have obligations to it. There is an administration here, civil and expenses of the Government have been increased from various con- political, and we owe something to it. The appropriations for it siderations. I will not stop to state them. They we1'e appropriated last yea.r were $1,060,000, not a. penny this. What is to be done, I for last yea.r at .something like three millions, perhaps a little over. appeal to the Senate now whether that is a right thing to do in re- The reduction on that was $834,250. Why! They do not want so gard to the District of Columbia. I appeal to the Senate whether much judicial proceedings this yea.r. That is obvious, and I think I they believe there is a condition of thin~s in this country which jus- am authorized to make the remark from the fact that they repealed ti:fies the Congress of the United States m neglecting altogether any certain laws which involved large expenditures in the way of judicial contribution to the government of the District of Columbia. That is proceedings; and that may be consistent. So you may go on and the way to save money apparently; that is the way to keep down an enumerate. If you are disposed to give up the public service, there appropriation bill; and does anybody suppose that the District of is no end to your retrenchment. But the question for the Senate of Columbiu,will have no claim on us in the future! Is there any Sena- the United States is, What does the public service demand f That is tor here wbo expects to be here next December who does not expect the question that comes home to every one of us, a.nd that is the par- to hear the chmor come up from the District of Columbia. for help Y amount question wherever it arises. Does anybody here believe that there is a.ny saving in leaving it out Further on we come to the Court of Claims. Has the Court of nowY For myself I do not believe it. The Senate did non-concur in Claims any claims on Congress ! We established the Court of Claims; this matter so far as to a.ppropriate $500,000, the fa.te of which I have we invite suitors there; we inspire the confidence that they will have not learned; but I have said sufficient upon that branch of the subject. justice done them there; and the legitimate inference would be that I wish now to say one thing more as to wha.t the Senate has done we would pay the judgments if they are against us. Well, they are approximately, and I shall relieve the patience of the Senate. I think estimated to have rendered judgments to the runount of $2,000,000 it necessary that I should inform the Senat-e, because we are supposed against the United States, but not a farthing is appropriated in the to have been a little disposed to hold back from what the House of bill, not a penny. What becomes of the Court of Claims or what be- Representa . ives ha-s done in a spirit of economy. I b2.ve already comes of the judgments of suitors t '!'heir payment awaits what Y stated that the sundry civil appropriation billln-styearwas 29,000,000 It awaits the good favor of the House of Representatives to appro- in round numbers. The House ma.de it $15,000,000 this year in round priate money to pay the judgments which the suitors having been in- numbers, and the Senate made it '19,000,000. The Senate you will vited int.o the court have obtained against the Government of the see appropriates $10,000,000less than it did la.st year. On what ground United States. That is $2,000,000 more. I believe in almost every in- do they do that f It will be said at once, " on the ground that you stance those judgments have pa.ssed through the Supreme Court of are not so expensh·e this year;" and therefore it becomes necessary for the United States and have the sanction of it. Now, it is an easy us to consider the elements that go into this reduction of the Senate thing to save money in that way. Any man almost in his private bill from ·29,000,000 to 19,000,000, a reduction of 10,000,000. affairs can be very savin~- if he will pocket other people's money and Without specifying details, seeing the purpose of the House of Rep- then refuse to pay his deots and he can get immunity from it. That resentatives to make the greatest possible economy in their judg- is one way to reduce expenditures-an easy way! ment, and being disposed to meet the House of Representatives upon Then again there is the itt>m of public buildings, and a saving of that basis, which I have already considered somewhat a.t length in $1,987,160 is mn.de over last year for public buildings. Well, I agree stating their side of it, we have reduced the public service beyond that that is a field where there is the exercise of a discretion un- what we believe it ought to be. That is the way to account for it doubtedly, and undoubtedly this is one' of the years when a sound and t.hat is the way it stands. I will enumerate some of the branches discretion should be exercised; but my own belief about it is, consid- of the service where we have made concessions which will have to be ering these public buildings as a necessity, and considering the money made good by an appropriation by a deficiency bill next year as cer- spent in them an investment which is not lost, that we have cut them tain as the service exists. down unreasonably. Yet the House thought otherwise, and the Sen- The revenue-cutter service has been reduced $250,000. I do not ate consented. I believe we objected in one or two cases, Saint Louis think it ought to be reduced a dollar. It is that sort of service that was one· we generally concuned with the House. What has been has a perfect establishment. You cannot reduce it without injurin~ saved f It is said, and the idea is given out, of large saving in public its efficiency. But we yielded to that. 1876. CONGRESSIONAL RECORD-SENATE. 4441 Take the judicial expenses of the Government, $838,000 reduction. Mr. CONKLING. And there the two Houses agreed in the begin- Upon any basis that we know anything about, upon the representa- ning ; that is, we adopted the House bill. tion of the Department of Justice, the appropriation is too low; but Mr. MORRILL, of Maine. We adopted the House bill. That was between this and December what they have got is enough~ and when the appropriation. It was simply the estimate, and understood by December comes the Department of Justice will raise its voice to jus- both Houses to be the exact demands of the service. tice for ita needs, and a deficiency bill will supply what we now leave The Military Academy bill was $231,241 as passed by the House, 00~ . $280,850 ·by the Senate. · Now as to public buildings; we pnt them in last year and would Mr. CONKLING. What was the amount agreed upon f have been glad to put in this year; but out of deference to the House Mr. MORRILL, of Maine. The bill is in conference. The consu- we agreed to leave them out. lar and diplomatic bill as it passed the House was $922,847.50, and as Then yon come to the W:.tShington Aqueduct, $790,000; and then it passed the Senate $1,341,647.50, which was the estimate and the to the District of Columbia, $1,060,000, to which I have already re- appropriation for last year. The fortification bill was $315,000 as it ferred; we leave that 011t except as to $500,000, the fate of which I came from the Hous~ and the Senate passed it in concurrence at the say we do not know. · same amount. The legislative, executive, and judicial bill as reported In this way it will be seen that I explain on behalf of the Commit- to the House was $14,009,A71.61 ; as it passed the Senate, $16,635,338. tee on Appropriations of the Senate how it is that we consent to re- As it is still in conference it cannot be told how it will come out. It duce the appropriatioDB in the sundry civil bill from $~,000,00Q to will probably be somewhat reduced from what it passed the Senate, $19,000,000, and are still peJiectly consistent with the idea t.hat the perhaps half a million or a million. On the basis of the proposition· public service is not what it is supposed to have been. of the Senate conferees it will be reduced at the rate of from half a. One other observation and I shall have done. It is said that what million to a. million. we have witnessed since this Congress began is 1.ll in the interest of The river and harbor bill, somewhat unlike the exterioT defenses, an exigent public necessity; that the deficiency of our revenue es- as it passed the House appropriated $5,872,850. It is still with the timates demands all that is being done and much more besides. I cotnmittee of the Senate, and of course I can say nothing of that. think it was enunciated on the floor of the Sena.te in that kind of The deficiency bill for this year was $671,486.74 a-s it passed the House, emphasis which I was complained of exercising by my honorable and $840 831.27 as it passed the Senate. friend from Ohio, [Mr. THURMAN]-! would remind him that he Mr. CONKLING. Has that bill been !lgreed to f sometfmes gets emphatic-that it was obvious that we must retrench, Mr. MORRILL, of Maine. That bill has been agreed to, and appro- or tax, or borrow to preserve the public credit. It was a phrase so priates for the deficiencies of the entire service for this year, except compact and so easy of transportation that it went everywhere; and a. small bill that passed early in.the session in regard to some expenses particularly as it went from the lips of my honorable friend at the of the Honse of Representatives. time it did, it made an impression all over the country that we were The post-office bill as it passed the Honse appro~riated $4,230,906 absolutely in a dilemma where we must either tax or borrow money, as deficiency over the postal revenues, and as it passed the Senate or must do some extra-ordinary t.hing in regard to expenditures. Of $7,286,647. The Sena.tor from Louisiana [Mr. WEST] is better in- course I make no objection to the emphasis of my honorable friend, formed on this subject. There has been a. conference npon it and but to the general s~atement.I do. · there ha.s been an agreement, and my understanding is that the re- Now what is· the fact f The late Secretary of the Treasury in his sult is a reduction of the bill somew hat as it passed the Senate. report told us that the receipts for the next year would be equal to Mr. CONKLING. That amounts to $5,667,498, as given by the Sen- all the obligations of the Government, including the sinking fund. I ator from Louisiana.. know, in answer to that, it will be said that since that time there has Mr. MORRILL, of Maine. Reduced a million from what it passed been a falling off in the customs revenue. That is true ; but bow the Senate, and that results from some ch~nge of the public service, much T Not above $6,000,000. And do those who reckon in that way precitiely what I am not well advised. know that the balances saved from the appropriations of t.he last year Mr. SHERMAN. I ask my friend from Maine if it is trne-it has nearly meet the deficiencies up to this time T That is never taken into been stated elsewhere-that the compensation of the great body of account; nobody has even observed that so far as I know. Ah, it the postmasters has been raised rather than lowered by that confer- may be said that we appropriated extravagantly last year. No, not ence report f at all. Under the present accountability of the Departments it has Mr. MORRILL, of Maine. I do not know that I can speak with become the policy of Congress, and no sounder policy ever did exist, ·entire accura-cy about that; but I should !l.uswer, from what I un- to say to these Departments," Yon shall not spend one dollar for any- derstand about it, numerically yes; that is to say, the salaries, as thing except for that forw hich it was specifically appropriated.'' There- applicable to the lower class, which are the numerous class, have fore, it will be seen that it has become the necessity of Congress to ap- been raised; but my colleague will know how that is. propriate amply for the service, and the balance goes into the public Mr. SHERMAN. I understand it has been stated elsewhere, and It Trea.sury. That accounts for the latitude in some of the branches ought to be put on record here, that the salaries of the great body of where appropriations have been made. But what has been the result? postmasters have been raised by the action of the corinnittoo of con- The accountability under the act of 1870 has become so strict and so ference on the post-office bill. · exacting that whoever is disposed to read the estimates, tho appropri- Mr. MORRILL, of Maine. My understanding of that is-and if I ations, and the expenditures of the Government can tell what they am incorrect my colleague, who is chairman of that committee, will are for each year with as much certainty as he can tell the state of correct me-that the salaries of all postmasters below $1,500, who his own private account, unless there is fraud and forgery in the ex- nom ber about thirty thousand, have been increased either directly or hibit. Now what I mean to say is that the expenditures of this year indirectly. fall short of last year over $6,000,000. Mr. HAMLIN. No, sir. As to next year, the latest estimate that I know a,nything of from Mr. MORRILL, of Maine. Then I withdraw anything I have said the Treasury is: From customs, $150,000,000; from internal reve- on t.hat subject as being ina,.ccurate and ill-advised. nue, $122,000,000; from miscellaneous sources, $19,000,000; making Mr. HAMLIN. If my colleague will allow me, I think in the scale $291,000,000 in all. If those receipts are to be realized, and they adopted by the committee of conference it is probable that in one stand a.s against $303,000,000 last year, then the revenues of this Gov- case in twenty that scale operates to increase some small offices aml ernment are ample for all its purposes. Of course, it does not lie in I think usually in less than $100, while the general reduction of the human wisdom to say with entire accuracy whether that will be so whole scale is between $400,000 and $500,000. or not. General causes operate upon our customs receipts and upon Mr. EDMUNDS. On salaries f our internal revenue; but the prob:tbility, from the best information Mr. HAMLIN. On salaries. the Department has upon the subject, is that our revenues from aU Mr. MORTON. What percentage on the larger salaries f sources will amount to $291,000,000, which will be, according to the Mr. HAMLIN. The postmasters that received $4,000 ar~ uniformly appropriations of this year, ample to meet all the obligations of the reduced to $3,000 and some below $3,000. Those who received $3,000 Government, including the sinking fund. are reduced perhaps on a general average to about $2,500. .Mr. CONKLING. May I, without incommoding the Senator, ask Mr. MORRILL, of Maine. The naval bill as it passed the House him a question f of Representatives was 12,432,855.40, and as it passed the Senate Mr. MORRILL, of Maine. Certainly, for I am about through. $14,857,855, and as it became a law, $12,740,000. The Indian bill as Mr. CONKLING. Will he be good enough to state first the differ- it passed the House appropriated 3,900,000 in round numbers, and as ence in the post-office appropriation bill between the amount proposed it pa.ssed the Senate $4,900,000. by the Senate and the amount to which the Senate ultimately agreed; Mr. SHERMAN. Will my friend allow me to read what was stated and the same statement, if he has it before him, touching -the naval by a member of the conference committee in the House, which I think appropriation bill f is proper as matter of historical information f The Senator from Mr. MORRlLL, of Maine. I can give that information as furni1:1hed Maine ought to correct it if it is wrong. to me very kindly and courteously by the chairman of the Honse com- Ml': EDMUNDS. I do not think the Senator ought to read any- mittee. I have a list of all the billB, and I will give it to the Senate thing that was said in the Honse of Representatives. if it is desirable. Take the pensions ; the pension bill, as reported by Mr. SHERMAN. As a matter of information f the House, wa.s 29,923,500, and as passed by the Senate the same. Mr. EDMUNDS. If it is read it most be commented on, and that 1\fr. WINDOM. At that point I will suggest to the Senator whether leads to the difficulty the rule meant to prevent. that is not the whole estimate for this year. Mr. SHERMAN. I do not propose to comment on it at all, but to Mr. 1\IORRILL, of Maine. Precisely. state facts. -4442 CONGRESSIONAL-REOORD~SENATE. JULY 7, Mr. EDMUNDS. But it would give anybody else the right to com- will destroy the Army altogether; take one-half or take none; you ment on it, and I do not think that is in order. must either take half a loaf of bread or take none." Suppose they The PRESIDENT pro tempore. The Chair sustains the point of order. should say in regard to the Navy: "The Navy is too larrre by one- Mr. SHERMAN. I call the attention of the Senator from Maine to half; reduce it one-half, or you shall have no Navy at all; we will a statement made positively, and he can correct it himself in parlia- make no appropriation for a single ship; we will tie them up at the mentary language. docks to rot, or we will anchor them out in the stream and let them Mr. MORRILL, of Maine. The Army bill as. it passed the House sink gradually." I therefore appeal to the Senate upon the principld was $23,192,334.2'2 a~d as it passed the Senate $27,715,572.20. The involved here. I say that sort of threat, "Yield to our views about sundry civil bill I have already stated. the election law, yield to our views about the size of the Army, yield 4-nd, now, Mr. President, I have done. Thanking the Senate for to our views aboot the cost of the Treasury Department, yield to our their great consideration and patience, apologizing to them for the views upon this subject and that, or if you do not do it we will de- severe infliction I fear I have put upon them and knowing that I am stroy the Government," that argument is illegitimate, it is unconsti- not likely to repeat it, I take my leave of he subject and the tutional. Senate. If there is a proposition on an appropriation bill to change a gen- Mr. MORTON. Mr. President, the principle involved in the dis- erallaw, if both Houses do not concur in it, then the House proposing cussion this morning and in the apprehended dead lock between the it should yield. In other words, they have no right under the Con- two bodies is one of the utmost importance to the independence and stitution and under their oaths to withhold the necessary appropria- character of this body, and it is one which, if carried out, involves tions because the change of a law outside of these appropriations is the existence of any form of government, two houses instead of one not conceded. We are now brought face to face with that principle. constituting its legislative department. Has the House of Repre- If it is proper for the House to say to us, "Reduce your Army one-half sentatives a right to say to the Senate, "We will refuse to make ap- or we will destroy it," they then put us in that trying position, and propriations which the general laws of the land require unless you we should be required to argue with ourselves," Well, must we yield will consent to the alteration of those laws; we will refuse to make up our convictions in order to save a part of the Army T" Has one an appropriation unless you consent that some law, which is obnoxious House the right to put the other in that position! Suppose the House to one party or to the House, shall be changed or repealed Y" That says to us, "Yield up your convictions about the election law," an proposition involves the principle of nullification, pure and simple; outside thing aUogether, affecting other matters; "yield tha.i up or it involves the precise position taken by the State of South Carolina we will take away from you the Army, we will make no appropria- in 1831 and 1832. South Carolina then said to the Government of the tions for it at all, and of course it must fall to pieces." Can the House United States: "The tariff law is unconstitutional, and it is obnox! say that inside of constitutional government f I say not. Beware, ious; unless you repeal that law we will nullify it." Now, has the then, of the precedent you set in tills matter. If one' House can nul- House of Representatives on the one hand, or the Senate on .t he other, lify a law because the other House does not consent to amend it, it is a right to say to the other House, "A goneral law is obnoxious or it the end of a government with two Houses. 'Ve should then come is unconstitutional in our view; unless you consent to repeal or to back to one House only, where there can be no conflict of that kind. modify that law we will nullify it by withholding all the appropria- It is then, Mr. President, a sharp issue, and there is no dodging it. tions necessary to carry into operation the existing law!" ·whenever The simple question is whether we •shall be driven to a change of either House takes that po~ition it is nullification, it is revolution, general legislation by the threat of destroying the Government, or and you can make nothing else out of it. of stopping the wheels of Government, or of stopping a particular Mr. BOGY. That is to say, you mean that the Senate nullifies the department in the Government. That is the whole question. They action of the House. can argue with us upon general principles, persua-de us that the thing Mr. MORTON. No, sir; I say if either House puts itself into that is wrong, that it ought to be changed; but to say to us, "If you do position, that is nullification. For example, here is a geuerallaw on not agree to what we want, then we will destroy the whole thing," is the subject of the tariff. Suppose the Senate should say to the no argument addressed to our reason. It is simply an argument ad- House-to avoid giving offense I will put it in that form-suppose dressed to our fears. We are, then, put in the position of saying we the Senate says to the House" This tariff law is wrong," and, when would rather yield on this subject than have the Government stop; we the appropriation bill comes, atta-ches an amendment to it repealing would rather surrender our judgment than to lose the Army or lose the certain sections of the tariff law, the House does not agree t.o that Navy, or stop the wheels of the Treasury or any other Department of amendment, therefore the Senate says, "If you do not consent to the Government. It does seem to me that no Senator can consent for this modification of the tariff law we will withhold all appropriations one moment to the recognition of that principle. Whenever the ar- for custom-houses, for the collection of the revenue; we will nullify gument of destruction is addressed to us we should resist it, and we the whole law on the subject of collecting duties upon imports." If should say to those who offer that argument and take that position, the Senate puts itself in that position, the Senate is a revolutionary "Take the consequences of your revolutionary and unconstitutional and a nullifying body, and cannot justify its action for one moment; proceedings." or if the House puts itself in that position, it assumes the attitude of Mr. THURMAN. Mr. President, will the Chair state what the a revolutionary or nullifying body. question is that is bef.ore the Senate T Take for example the Army bill. Suppose the House attaches to The PRESIDENT pro tempore. The Senator from Maine moves the Army bill a provision repealing an election law, a law providing that the Senate further insist on its amendments and agree to the for the purity of elections; the Senate will not consent to the repeal further conference aBked by the Honse of Representatives. of the election law; the House says, therefore, " We will make no ap- Mr. THURMAN. Tha~ I supposed to be the question; and, so far propriations for the Army." It says to us," Repeal the election law or as I know and believe, t.here is not a Senator in this Chamber who is we will strike down t.he Army." That is no legitimate argument. not prepared to support that motion; and, if the question had been Neither House ha.s a right to do anything of that kind; that is the taken upon it as soon as it was made, it would have been unanimously end of a government by two Houses instead of one. We should then adopted, and the Senate could have gone on with the quiet and or- be driven to go back to the old Roman senate, or to the French derly proceedings of the body. In view of this fact, I for one cannot system, and have but one House instead of having two. If the help feeling some surprise that the very air of this Chamber has rung, House says: "You like the election law so well you will not repeal for the last few hours I waa going to say, but at any rate for an hour it, we will destroy the Army ; take your choice ; take your choice or more, with language of alarm, with language calculated to excite between giving up the election law or giving up the Army entirely," people's fears and imaginations, with t.alk about threatening the de- the House has no right to say that to us·; it is the end of govern- struction of the Government, stopping the wheels of the Government, ment if it does. Whether the election law is right or not is a ques- nullification, reducing the Senat.e to the condition of an effete House tion which the House hM a right to present as a separate proposi- of Lords, and the like. Why, in the name of common sense and rea- tion; it is a fair matter of discussion between the two Houses. If son, what ground is there for all this declamation f Who bas heard we cannot agree to repeal or to amend it, the law must stand. But of any threat of destroying the Government! Because the Honse of when the House comes in and says, " Repeal that or we will destroy Representatives exercises its own judgment, who is authorized either the Army," that is illegitimate, it is revolutionary. It is the old directly or by implication to charge that House, or a majority of its argument, " Your money or your life." members, with being any less patriotic or any less devoted to the So in regard to the Treasury Department. The House says, "The Constitution, or any less devoted to the Government than the Sen- Treasury Department is one-half too large; it has too many employes; ators on this floor! Who is authorized to treat their adherence to now, agree to reduce them one-half or we will destroy the whole De- their own opinion upon an appropriation bill, pecuJiarly a subject for partment, we will refuse to make any appropriations at all for the legislation by the House, aP '1 menace to the Senate, an attempt to Department." Ha-s the House a. right to do that f As to whether a coerce the Seu~te, an attempt to carry an obnoxious measure by a general law providing for the organization of the Treasury Depart- threat of stoppmg the wheels of Government T I must s!ly, Mr. Pres- ment ought to be amended is a fair question for debate; but if it is ident, that if we are to have the appropriation bills pas8ed, if the not amended, it must stand; and until it is changed it is the duty of Government wheels are to run smoothly, this is not a very good way both Houses to appropriate according to the requirements of ·t hat law. to achieve that purpose. But suppose the House says, "The Treasury Department is too large; What is this great complaint that is made! That the Honse has it is too costly; reduce it one-half, or we will destroy it." Is that introduced legislation into an appropriation bill' Pray is this the legitimate; is that constitutional f Can you carry on this Govern- first instance of legislation in an appropriation bill? The Senator ment upon that principle at all T Cel'tainly not. from Indiana alludes to an election law and says the House wants Take the ca,se of the Army. Suppose it is proposed to reduce the it repealed. How did that election law come to be the law! How Army one-hu.lf. We do not agree to that. The House says, "Then we did that . measure which for the first time subjected the elections 1876. ·coNGRESSIONAL RECORD-SENATE. of the States to the supervision of Federal officials bec~me a law f says it was an amendment put by the Senate into an appropriation There, sir, it lies before me [holding up the statute-book] in the midst bill. So it was. Now suppose when that bill went back to the Honso of an appropriation bill-put in the midst of an appropriation bill in of Representatives that House had refused to accept the amendment this very Senate. That is how it came to be a law. But if the House and sent the bill back to the Senate; if the Senate had then said, cannot put legisltttion in an appropriation bill, or the Senate cannot "You must accept this election law, or we will make no appropria- do so without infringing upon the rights of the other branch of the tion," the action of the Senate would have been nullification and revo- Legislature, pray let me ask the Senator from Indiana, who talks about lution. But the House did not say that; the House took the election nullification, what right have both Houses together to put legislation law, and it became the law of the land. Now the House puts a pro- in an appropriation bill and coerce the executive department, the vision to repeal the election law on an appropriation bill. If the President, to sign the bill or go without th~ means of carrying on the House should say to us, "Repeal this law or we will make no appro- Governmentf priation," what would that be but nullification and revolution f Mr. MORTON. Will the Senator allow me to answer f Mr. THURMAN. 0, nullification, Mr. President, is like a great Mr. THURMAN. When I am done, because I know from experi- many other things that are flaunted in people's faces now, that are ence the Senator will make a speech instead of answering a single full of sound and fury, and signifying nothing. There is no nullifi- question. I say it is idle alarm; and it is extraordinary that at this cation in it at all. If without any good reason, if upon some mere stage of the session the time of the Senate should be occupied by proposition to repeal some insignificant law, or to enact some insig- speeches that sound much more like speeches from the stump than nificant L'tw,either House should say to the other, "Unless you enact speeches from the Senate Hall. this law, or unless you repeal this law, insignificant or unimportant, Mr. President, there is no man on this floor who approves, when it there shall be no appropriations at all to carry on the Government," can be avoided, inserting important legislation in appropriation bills. that, I agree, would in pra~tice be'revolutionary; but you must judge We all admit that it is a vicious practice. Everybody, I have no every case by its own particular merits. If you had a President in doubt, in the House admits that it is a vicious practice. Every party the executive chair that you had good reason to believe was seeking has admitted that it is a vicious practice; and yet every part.y has to overthrow the liberties of this country, some man who waa contriv- done it under peculiar circumstances. Every party bas from time to ing to march into the Hall of the House of Representatives and tell time resorted to it. They have not gone as far as our English ances- his underlings to "remove that bauble," the mace of the Speaker, tors. They have not made a grant of subsidy by the House of Com- and to say to the Representatives," Leave this chamber; the Lord has mons a condition of grants to be made by the Throne, or concessions no further use for you;" some man like Napoleon, to enter into the to be made by the House of Lords. No House of Representatives has French Assembly and order them out at the point of the bayonet-if ever done that yet. No House of Representatives has ever said to the you had reason to believe that there was some man at the other end President yet "We grant you subsidies on condition thatyoudothus of the Avenue plotting against the liberties of the people and the and so." Our English ancestors have done it again and again. It Constitution of his country, you would be perfectly right in refusing was the strongest weapon of the people against the prerogative of him one dollar; nay, it would be your duty to do it. That would not the Crown. But under our form of government the President is sup- be revolution; that would not be nullification; but that would be posed to have no prerogative, to be an independent branch of a lim- the exercise of the power vested in you by the Constitution for the ited government, and not to be coerced ns the English House of Com- preservation of the Constitution and the liberties of the people. mons has coerced the monarchs of England. That is our idea, and But what is the use of talking as if we stood npon a volcano T therefore I do not say that the House of Representatives should ever What is the use of this alarm this morning! Here is a case of avery go as far as the British Commons have gone; but I do remember when a serious disagreement, I admit, between the two Houses; but no one certain Andrew Johnson was President of the United States that more ha-s a right to suppose that either House is more patriotic than the than once he was compelled to swallow most distasteful legislation other or that either House means to menace or to threaten the other. or let the appropriation bills fail. It was considered a good prece- Mr. President, I shall not go into anything like an examination of dent then to make him acquiesce in the policy of the dominant party the figures presented by the chairman of the Committee on Appro- in these Halls. priations. I am not qualified to do so. I do not belong to that com- Now, Mr. President, there is no nullification at all in this business; mittee; nor have I been; fortunately for me, on any of these com- there is no disrespect to the Senate in the action of the House. I mittees of conference. If I were I should want time to examine his will take one of the cases put by the Senatorfrom Indiana. He said, figures and his statements. I do not complain that he has made a '' Suppose the House should say 'reduce the Navy one-half or we will statement for the Senate, although I must say, if I may do so, as I do make no appropriations for the Navy.'" Sir, I can suppose a case in with entire respect for him, entire respect for the intellect and the which it would be the duty of the House to say that very thing, in services of that distinguished Senator, that there wa-s something of which it would be for the public interest rather to abolish the Navy vehemence and passion in his manner this morning that did not look altogether than to maintain it at the status in which it existed at the like the beginning of a peace conference; and when it is followed up time; and so with the .Army, and so with almost any other depart- by declamation about nullification and by an appeal to Senators not ment that is not absolutely essential to the working of the Govern- to have their independence trampled under foot by the House of ment. Of course you cannot abolish the judiciary without abolishing Representatives, I do not quite understand the scene that has been the means of obtaining justice. You cannot abolish the Treasury. enacte.d here to-day. Of course you can do no such thing as that. You must provide for Mr. LOGAN. Mr. President, I certainly did not intend to take any the executive department. But I take·the very case put, and I say part in this discussion, but the language uttered by the Senatw from that upon the high responsibility of their oaths and their duty to the Ohio has been of such an extraordinary character that I feel called country, it might be, although not likely to be, that the House or the upon at least to make some remarks in reply to a portion of the state- Senate. would be justified in saying," Reduce the .Army one-half, re- ments made by him. The particular remark that calls upon me to duce the Navy one-half, or take the alternative of no Army or no say anything was that if the House of Representatives or the Senate Navy at all." That might be so. either should conceive the idea that any branch of the Government, Mr. SHERl\IAN. Does my colleague now assert in the presence of or, to state it as he did, that the Army or the Navy was in exce&~ of the American people that either House of Congress may say that the what it ought to be, they would be perfectly justified in refusing an Army must be reduced one-half or entirely abolished, the Navy re- appropriation unless a reduction was made. duced one-half or entirely abolished, at the will of a single House of Mr. THURMAN. I did not say that broadly at all. Congress! Mr. LOGAN. Then I will ask the Senator to state what he did Mr. THURMAN. Who said that f I say that if that is the judg- ment of that Honse it is bound to stand by its judgment; if that is say. Mr. THURMAN. I sa1d · t h ere nng · h t b e a case; I did not say that its judgment it has a right to stand by its judgment. That is no case was now. dictating to the other House. Each House must stand by its judg- Mr. LOGAN. I did not say that you said it was now. ment. What right has either House to say to the other, "You shall Mr. THURMAN. I said I could suppose a case in which it would not exercise your own judgmentf" That will not do at all, Mr. be perfectly justifiable for either branch of Congress to take that President. It is no dictating; it is no violation of either the letter ground. or the spirit of the Constitution. The House of Representatives say, Mr. LOGAN. Very well. ''We consider a certain reform more material than a certain appro- Mr. THURMAN. I can recollect when thiscountrywouldhavegone priation." Now, if it were reduced to a single appropriation no one on in the old times of peace, perfect peace and quiet, when, if there would hesitate for a moment in saying that the House was perfectly had not been one hundred soldiers in the United States, the Govern- right. You might say that one House would not be right in losing a ment would have got a1ong as well and the people been as happy as whole appropriation bill for an entire Department of the public serv- if there had been an that there were then. ice because of the refusal of the other to repeal a particular ob- Mr. LOGAN. The Senator from Ohio seems to be excited this morn- noxious piece of legislation; and yet if it were reduced to a single ing, and probably he does not see exactly the force of the remarks he appropriation in regard to a single item every one would say at once makes himself. that if that appropriation was not absolutely essential to the carry- Now, sir, I believe that the statement made by the Senator that a ing on of the Government the House might, if in its judgment it was case might arise where one House would have the right to demand of proper, say, "Repeal that legislation or you do not get that appro- the other that they should do certain things or have no appropriation priation." to carry on the Army is revolutionary in fact. It is what the Se.na- Mr. MORTON. \Vill the Senator allow me a question' tor from Indiana denominated it, both nullification and revolution; Mr. THURMAN. Yes, sir. and the suggestion probably is timely that where revolutions may Mr. MORTON. The Senator is speaking of the election law, and not be successful by force they may possibly be brought about in a . . ~ -4444 CONGRESSIONAL RECORD-SENATE. JULY 7, peaceful manner by stubbornness. There would be no way more in the House or in the Senate. I offered it in the committee of confer- effective in this country to disorganize and destroy the Government ence myself, and it was agreed to; agreed to because both Houses than for one House to take upon itself to demand of the other that were in favor of that line of policy, although they differed in refer- it should agree to a certain character of legislation or have no appro- ence to the details of the matter. But I being on the committee of priations to carry on the Government. Why, sir, there could be no conference then, if the Senate had said, '' We do not concur in that more effective plan adopted for the destructi'ln of the Government legislation," I would have said" of course I shall withdraw it." It than that would be. would have been my duty to do so as one of the conferees; it would Let us see for a moment, and I desire to discuss this matter in a have been the duty of the House to do it, as it is now; and I woultl dispMSionate way. The two Houses of Congress, if I understand the do the same as a Senator. .Any proposition that we should put on an Constitution, are based upon a perfect equality. They both are the appropriation bill that djd not meet the assent of the House, I would representatives of the people, the members of the House the direct vote at once to withdraw from the appropriation bill when it was re- representatives of the people and the members of the Senate the rep- turned to the Senate, because we have no right to say "Stand and resentatives of the people of the various States, each House having deliver, or give me your life." No, sir; this proposition, in my judg- equal power in matters of legislation; and neit"'J.er branch has a right ment, is for the purpose of making a little capital before the coun- to say that anything shall be a law unless the other branch coucurs. try. If any capital can be made before the country by refusing to This, I believe, is a fair statement of the proposition ; and when any appropriate money to carry on the affairs of this Government, gen- Representative or Senator shall say that either branch of Congress tlemen are perfectly welcome to have the benefit of it so far as I am has a right to demand that certain legislation shall occur or certain concerned. If it was left to me-and I only speak for myself-I things shall not occur, they are usurpers of a power which the Con- would stay here until the termination of my time in the Senate be- stitution does not give them. They are attempting to take upon fore I would ever agree to a proposition on·an appropriation bill be- themselves the power of the House of Commons, not under a consti- cause it was demanded with a hand at my throat. I would sta.nd tution like ours, where the powers are assigned and delegated to each and say "Appropriate the money under the law as the law requires, branch of the Government. a certain amount of expenditure for the purpose of carrying on the In reference to appropriation bills, the Senator says that many times Government. That amount of money I will appropriate; but when legislation has been interpolated in such bills. That is true ; legisla- yon come to put on the appropriation bills vicious legislation and tion has been put upon appropriation bills by either House of Con- that which I do not consent to, I never will agree to do and never gress at different times ; but it was such legislation as was in con- consent to it so far as I am concerned." sonance with the views of both Houses of Congress; it was such It is not necessary for one House to undertake to drive the other; legislation as both Houses of Congress concurred in; and w"!len both it is not necessary for one House to undertake to demand of the other Houses concur in certain legislation it is, although not a good prece:- that they shall do certain things unless we lose our independence as dent, immaterial whether it is on an appropriation bill or not. But a deliberative body. And, sir, I will say further-I ·might as well Ray when one House proposes to put legislation on an appropriation bill it while I am up-that this attempt at legislation on appropriation and the ·o t.h er does not concur, then it is an attempt to force legisla- bills at this time for the purpose of destroying the efficiency of the tion that both branches of Congress do not agree to; which is uncon- civil service and for the purpose of destroying the efficiency of the stitutional legislation, for the Constitution requires the assent of both Army means more than economy. Why destroy the efficiency of the branches of Congress, and of the President also, to make legislation Army f The purpose I leave to the gentlemen engaged in that busi- perfect. ness to say, but it is fdr some purpose either hidden or not ; and the Now, look at the attempt that is made and the argument that is same object is in view when an attempt is made to derange and de- made. I notice from reading the RECORD that certain gentlemen·as- stroy the civil service of the Government. · If I bad my hand on a sert that the House of Representatives has the right, they do not say man's throat, and he was too strong for me, I might resort to some in so many words, to legislate, but that is clearly the inference, in re- other device, some other means I might use for his destruction. So spect to money bills. It bas been asserted in this Congress that the it may be with gentlemen now who have failed of success perhaps in House of Representatives has the sole ri~ht to originate and suggest times gone by to take control of the affairs of this nation in one way. what money bills shall be, and that it 1s the duty of the Senate to It may possibly be that another way seems to be a better one to ob- assent to that because the House has the right of origination. I dif- tain that strong hold and that. control than the one they attempted fer with that logic. I do not believe the House has the sole right to once before. If Senators and Representatives desire to legislate hon- originate appropriation bills. By precedent alone they have the estly and fairly, and Senators and Representatives being out of power right. 'l'he only right of originating bills given to the House alone is for the purpose of obtaining power legislate so that the country may as to bills for the raising of revenue. They have a right to originate all understand that they intend if they get control to act honestly and bills for raising revenue, tax-bills, bills in reference to the tariff; but fairly, does any Senator suppose that he is going to gain the confi- an appropriation bill to expend money is a different thing; and yet dence of this country, so recently out of confidence with him, by at- I do not care to discuss it, because precedent has given their origina- tempting to legislate to stop the very wheels of government f Does tion to the Honse. Let them have it; . but they have no right to say any party suppose that it is going to obtain the confidence of the that because they originate such bills they can legislat-e a_s they please people by destroying at the very start tho machinery of govern- in them without the concurrence and sanction of the Senate and the ment! Does any patty suppose that it is going to oiJtain the confi- President. dence of these forty millions of people by as soon as they get oqly one Now., what do they propose t They propose that, unless we reduce branch of Congress taking steps by which they destroy the efllciency the Army by a very great reduction in numbers, muster out certain of the Government merely to obtain power f If you believe that, you officers, hold others in reserve until vacancies occur, and also reduce have less appreciation of the intelligence of the American people, iu their salaries to a very great and considerable extent, there shall be my judgment, than yon ought to have. They are intelligent; they no money appropriated for the Army of the United States. They pro- understand political maneuvers about as well as the gentlemen who pose that unless we transfer the Indian Bureau to tho War Depart- are engaged in them; and when they come to look at the case it will ment there shall be no money appropriated for the Indian service. be pretty easy for them to see what there is beneath. The whole They propose that unless we repeal the election law as applied to cit- country will see it, and you take nothing by the hip. ies of over 20,000 population on the sundry ci vii bill there shall be no Mr. KERNAN. Mr. President, I have only a few suggestions to appropriation for the objects covered by that bill. I do not know offer. As I understand, the motion before us is for another confer- that they propose to stand by that, but that is their proposition on ence committee on the bill making appropriations for the legislative, appropriation bills and they say that they have the right to place this executive, and judicial expenses of the Government. The chairman legislation upon them and that it is our duty to assent to it. has stated to us that the differences between the two Houses on this For one, while I remain in this body I am a representative in part bill are, first, that the House is in favor of reducing the number of of my State, sent here under and by virtue of the power of the·peo- employes in all the Departments, including both Houses, about twelve ple, a right having been given to them by the Constitution to be rep- hundred in number; and the other difference is in reference to in- resented here for the purpose of joining in legisla.tion; and unless creasing some salary, which the Senator said wa.s not very large; I my consent with that of others making a majority, or a majority did not hear him state the amount. Surely all this debate about de- without my consent, shall concur with the House iu a bill proposed stroying the Government, about nullification and revolution, has no by them, it is not legislation ; and I say to my brother-Senators now application to the bill in hand. Every business man, every company that when an attempt is made to put a law on the statute-book by having numbers of employes: owing to the changing times, the re- putting it in an appropriation bill that does not meet my views, if duction of the price of living, the cutting off of profits of business, the House do not withdraw it, it never can have my assent, and if I is reducing its employes and reducing their pay. I assure gentlemen were in the House of Representatives I would maintain the same prop- that.the people of this country will stand a great deal of this kind of osition. If I were in the House of Representatives the Senate should revolution. not force upon me, at least, a law if my voice was required to give it The chairman of our committee said, that they were willing to re- assent, to give it force, unless that law was in accordance with my duce these employes by one-third of the number of twelve hundred; views. that is, by about four hundred. This bill reaches over all the Depart- But it wa-s said here the other day that the Army was once regu- ments and the employes of both Houses. I think every one knows lated by an appropriation bill. That is true, but that was by the that in times past the number has grown up beyond what is neces- consent of both Houses of Congress. It was a bill that I draughted my- sary. I think the times have changed, so that some reduction in sal- self and the only difference between the House and the Senate was aries would be appropriate. I submit that there is nothing to alarm in details. That bill was agreed to by both Houses of Congress and any one in this proposition. I doubt not another conference commit- was put on an appropriation bill by a com.mjttee of conference, and not tee,_as is asked for, conferring with the House in tl1e right spirit, will 1876. OONGRESSIONAL RECORD-SENATE. 4445 be able to agree. Surely I hope that this body will be ready to yield figures. I cannot say what was the amount now, but thMe wer~ the considerably in reference to reducing the employes of the Departments two figures at the outset. The pension bill appropriates about $39,- and reducing their sala'ries. 000,000. In the Military Academy bill the amount proposed by the I trust, therefore, we shall not discuss the Army bill now, or any House was$2.11,000. The amount proposed by the Senate was $280,000, other bill, but have another committee of conference, and I hope t.bey making a difference of about $50,000. In the· diplomatic hill there will agree in reducing the number considerably and in reducing their wa.s appropriated $922,000 by the Honse and in the Senate $1,341,000. salaries also somewhat. The fortification bill stands at $315,000 instead of $4,000,000 as here- Mr. BOGY. Mr. President, I regret at this late hour of the session tofore. The House, in making an appropriation of.only $315,000 for and under the circumstances now surrounding us, that this debate fortifications this year, of course means this : that the system of for- should have been forced upon the Senate; but we who believe in tifications heretofore adopted, both here and elsewhere throughout honest reform, and that the expenses of the Government have been the world, is not adapted to the system of warfare carried on at this too large and should be reduced to a smaller amount, and who also day, and it is just so much money thrown away; as we all know the believe that there ha.s been great extravagance heretofore, have a fact to be. Some other system has got to be devised, and perhaps the right to say something in reply to the most singular arguments best system is that which was brougbt alJout during the lat-e war. If which have been made by the Senator from Indiana [Mr. MoRTON] you go down to Hampton Roads you will see the old Fortress Cal- and the Senator from Illinois, [Mr. LOGAN.] houn, now commonly called the Ripraps. What vast sums of money The House, acting in obedience to a voice which is heard all around have been throwu away upon that! It is an entire and total loss: this whole country-the voice of both parties calling for economy and and so it is in regard to most of the fortifications. The system of reform, which is a command of the people-has attempted to reduce warfare baa been changed. It matters not whether this money was the expenses of the Government. How has that been met by the wisely expended at the time, but the system has undergone a change. Senate ! The motiv('S of the Houss have been assailed by both of Therefore it is not our duty to appropriate three or four millions of the Senators ; and this is not the first time that this has been done dollars, as we have been doing for forty or fifty years past. by different Senators on the other side. In the legislative and judicial bill the House appropriated some The Senator from Indiana says that this is nullification, and an at- $13,000,000, the Senate $16,000,000. There is a difference of $3,000,000. tempt to destroy the Government ; and if it is permitted to go on, we I do not exactly remember the amount appropriated by the river and shall soon get to the condition of the French government or of the harbor bill, but even here there was a difference. In the post-office old Roman governments, with only one house. If there be any nulli- deficiency bill the House was $4,000,000; (leaving out the fractions,) fication, it springs from the Senate and not from the House. The Sen- and the other was $7,000,000; making a difference of $3,000,000. In ator from Indiana cannot denythat the House has, if not the exclusive the naval bill t.here was a difference of one or two millions of dollars, right, nevertheless the right to give us an honest opinion as to what and so on. I make my statement from the speech made by the Sen- amount may be proper in any appropriati?n bill. It ha.s that right ator from Maine this morning. All the different items amount to an beyond any doubt. The Senate has the nght to oppose to the House aggregate of $39,000,000. its own views. That we have expended for all the different branches It may be true, and it was no doubt stated correctly, that a large of the Government heretofore too large a sum of money is a fact un- portion of this amount can be explained away and justly and fairly, deniable. It is also the right of the Senate to say whether they will but that there was a retrenchment on the part of the Honse there concur with the Honse or not; but it is not nullification for the House can be no doubt. That this retrenchment is necesRary on account of to insist upon its own view. When the day comes that the Senate the financial condition of the country there is also no doubt ; and any will have the exclusive power to state to t.he House, "Unless you attempt here to place the Honse before the country as a body revo- maintain the former status of extravagance, unless you maintain lutionary in its character or disposed (to use a figure of one of the the Army as it is now, what-ever it may be, we will consent to no Senators) to take the Senate by the throat and say, "Yield, or your reduction;" and it may also say," Unless you consent to maintain life," is not a correct statement of fa-ct. an appropriation of $300,000,000 annually to carry on this Govern- The House has acted within what I conceive to be not only its right, ment, as is the case now, we will consent to no reduction "-when but its duty to the people. I do not deny that the Senate has the that day comes it will be nullification, but it will be nullification power also to refuse to yield; but in refusing to concur it should not from the·Senate and not from the House. When that day does comes aasail the motives of the House. The House has acted in obedience I hope the House will stand to its rights, let the consequences be to the voice of the people. That voice will be heard again. The day what they may. of reform has come, and so has the day for retrenchment and econ- Suppose we had an army of one hundred thousand men now, and the omy; and the people will enforce it. Senators may say what they House of Representatives, speaking the voice of the people, not the please here and they may accuse us of bad motives; it matters not; voice of a party, but speaking the potential voice of the people, say: the people will take up this question, and you will soon hear the re- " We desire the army to be reduced one-half, and will appropriate frain fr001 mountain, valley, and plain. no more." The Senate say no; regardless of what may be the condi- Mr. LOGAN. I desire merely to call the Senator's attention to what tion of the country, and no matter how depressed the finances of the he missed and may desire to discuss. As far as retrenchment is con- nation may be, or how much the people may be suffering; regardless cerned there has been no point made, as the Senator well knows on of all these things we will contend for an army of one hundred thou- that subject. The point made by the Senate is that the House cannot sand men, and if you do not agree to that there shall be no appropria- put upon an appropriation bill and force the Senate to agree to it a tion. Where is the nullification Y Is it from the House or from the character of legislation which is not agreeable to the Senate. That Senate 7 I say it is from the Senate; ia the only point of controversy between the House and the Senate. Mr. LOGAN. Would it not take both Houses to consent to a. reduc- So far as the appropriation for fortifications is concemed, that is a tion of the Armv f mere matter of discretion as to whether each House will agree to a Mr. BOGY. 'fhere is nothing new in that idea. As a matter of certain amount or less. That is not a question of new legislation at course it takes both Houses; but is the Senate to dictate to the House Y all. It is merely a question as to the amount that we will appro- I say that neither Honse should dictate ; but the dictation from the priate, for tltere is no law fixing any amount to be appropriated. beginning during this whole session has been from the Senate and Hence that is no question between the Senate and the House; it is a not from the House. Yet the Senate has yielded. According to the mere matter of opinion as to the amount. 'l'he question is in regard very argument made by the Senator from Maine who has now left his to legislation that has been interpolated into an appropriation bill seat, the Senate has yielded to a legitimate reduction of $2'2,000,000. and forced upon the Senate, not a question as to the amount of money At the outset the Senate waa not willing to yield, but it has yielded to be appropriated at all. now $2'2,000,000. The PRESIDENT pro tempoJ'e. The question is upon the motion of Mr. WINDOM. I llsk the Senator upon what he bases the state- the Senator from Maine, that the Senate further insist upon its amend- ment that at the outset the Senate was not willing to make one cent ments and agree to the further conference asked by the House of of reduction t • Representatives on the disagreeing votes of the two Houses. Mr. BOGY.' I base it upon the a-ction of the Senate when those The motion was agreed to. · bills were before -Lt. In one sense it did make a reduction, but this By unanimous consent, the President p·ro tempore was authorized t of the rules for ~peachment be so amendeU- passed; and also moved that the motion to reconsider be laid on the thorities, and the object of my bill is to relieve the State from the table. charges for arms above this amount. The latter motion was agreed to. The bill simply provides that the Chief of the Ordnance Bureau of tile War Department shall credit to the State of Kansas the arms fur- ADVERSE REPORTS. nished to the Territory of Kansas. It seems to me that if the Gov- l't!r. WILLIS, from the same committee, reported back adversely CONGRESSIONAL RECORD-HOUSE. 4451 the following f which were laid on the table, and the accompanying The SPEAKER pro tempore. The question is whether the House reports ordered to be printed : · will at this time consider the motion to reconsider the vote by which A bill (H. R. No. 85) authorizing corrections to be made in errors the bill (H. R. No. 3672) an act to amend an act entitled "An act to in prize lists ; . aid in the construction of a railroad and telegraph line from the A bill (H. R. No. 1835) to provide for reclaiming and improving the Missouri River to the Pacific Ocean and to secure to the Government swamp and overflowed lands connected with the United States navy- the use of the same for postal, military, and other purposes " ap- yard Brooklyn, Long Island; proved July 1, 1862, and other acts in relation to the railio;l com- A bill (H. R. No. 3219) for the relief of Ja,cob J. Hunker; panies therein named, was recommitted to the Committee on the Ju- Remonstrance of citizens of Savannah, Geor~ia, against the estab- diciary. lishment of a naval station a.t Port Royal; ana The question being taken, there were-ayes 6.1), noes 62. Memorial of citizens of Brunswick, Georgia, for the establisment of Mr. BRIGHT. I demand tellers. a naval station at that place. Mr. RANDALL. No; let us have the yeas and nays. We might Mr. WILLIS. I will state that as to the last two cases the com- as well settle the question now. mittee ,have desired to be discharged from their further consideration Mr. RUSK. I should like to ask a question. Will not this special because the subject, by an act already passed, has been referred to a order come up to-morrow f commission. :Mr. RANDALL. No, sir. WILLIAM WHEELER HUBBELL. 1\Ir. RUSK. Why will it not come up to-morrow f Mr. WILLIS also, from the same committee, reported back, with a 1\Ir. RANDALL. By not taking np the bill to-day it will be en- recommendation that it pass, the bill (H. R. No. 2731) for the relief tirely thrown out of its place and will not come up to-morrow. of William Wheeler Hubbell, and to make just compensation for the Mr. RUSK. As I understand it it does not lose its place. past JDaking or use or vending o£ his patent explosive shell, fuses, and Mr. RANDALL. It is an effort to defeat the measure. I call for percussion exploders by the United States; which was referred to the the yeas and nays. Committee of the Whole on the P.-rivate Calendar and the accom- Mr. RUSK. I should like to ask the chairman whether this does panying reports of the majority and minority of the committee or- not come np to-morrow. , dered to be printed. Mr. BRIGHT. So far as I am concerned it is not an effort on my PROFESSOR ORTON'S SURVEY. part to defeat the bill. · Mr. RANDALL. The result is the same. Mr. WILLIS also, from the same committee, reported back, with a Mr. TOWNSEND, of New York. There are a great many worthy recommendation that it pass, the joint resolution (H. R. No. 54) rela- and deserving bills upon the Private Calendar. tive to Professor Orton's ~eographical and scientific survey; which Mr. HOLMAN. Regular order. was referred to the Comnnttee of the Whole on the Private Calendar, Mr. TOWNSEND, of New York. There are a great many worthy and the accompanying report ordered to be printed. and deserving bills on the Private Calendar, which can only be con- ALBEMARLE AND CHESAPEAKE CANAL COMPA.l.~. sidered on Friday. Mr. WILLIS. The Committee on Naval Affairs have directed me The SPEAKER pro tempore. Gentlemen will be kind enongh to to report back with a favorable recommendation the bill (S. No. 464) resume their seats. The pending question is not debatable.• The for the relief of the Albemarle and Chesapeake Canal Company. I order by which the billof the gentleman from Ohio [Mr. LAWRENCE] ask that this bill be put on its passage now. It passed the Senate comes up to-day is fixed for this day only and will not go over until unanin\ously, and has the unanimous approval of the Committee on to-morrow. Naval Affairs of this House. · The yeas and nays were ordered. ~ The bill wa-s read. It directs the Secretary of the Navy to investi- Mr. WILSON, of Iowa. I rise to a parliamentary inquiry. gate the claim of the Albemarle and Chesapeake Canal Company for The SPEAKER pro tempore. The gentleman will state it. tolls on vessels transporting naval supplies, and to award such sum 1\Ir. WILSON, of Iowa. If the House refnses to consider the bill as he may,find equitably due, not to exceed the sum of $3,742.20; of the gentleman from Ohio to-day, will it not come up to-morrow as such award being in full payment of all claims of the company the pending special order f against the Government. The SPEAKER pro tempore. It will not. Its consideration was Mr. FORT. This bill should go to the Committee of the Whole. fixed for to-day, and the time it was to occupy in debate was fixed The SPEAKER pro tempore. The point being made, the bill will at two hours. be referred to the Committee ofthe Whole on the Private Calendar. Mr. WILSON, of Iowa. Is it not the standiri.g order of the Honse until disposed off - . ORDER OF BUSINESS. The SPEAKER pro t.empo·re. It is not a continuing order. It,was Mr. LAWRENCE. I believ~ the mornin~ hour has expired. made simply for to-day, and to continue two hours after the morning The SPEAKER pro tempore. The mormng hour has expired, and hour and no longer. under the order of the House made yesterday the gentleman from Mr. WILSON, of Iowa. Is it not a special order f Ohio [Mr. LAWRENCE] is entitled to the floorfor the consideration of The SPEAKER pro tempore. It is a special order, but not a con· the bill relative to the Pacific Railroad Companies. tinning order. I Mr. BRIGHT. Pending that, I raise the point that thi§l is private- 1\Ir. WILSON, of Iowa. Was it not a special order when it was bill day," objection day;" and I move that the House resolve itself called up before· the House. If it should be postponed, then in order into Committee of the Whole on the Private Calendar. to go to the Private Calendar, this being objection day, will it not The SPEAKER pro ternpore. By order of the House the bill of the continue as the ~pecial order and come np to-morrowf' gentleman from Ohio [Mr. LAWRENCE] was made the special order The SPEAKER p1'0 tempore. It will not. for to-day after the ~orning hour. It conflicts, however, with the Mr. LUTTRELL. Would it be in order to make it a special order standing order of the House, the consideration in Committee of the for· to-morrow f Whole of bills on the Private Calendar. It is competent for the gen- The SPEAKER pro ternpO're. The bill was ordered to be printed tleman from Tennessee [Mr. BRIGHT] to raise the question of consid- and recommitted, and the gentleman from Ohio entered a motion to eration upon the bill of the gentleman from Ohio. The question is, reconsider, which yesterday he called np. • Will the Honse at this time consider that bill f :Mr. WILSON, of Iowa. Then, as !understand the Chair, the con- Mr. HOLMAN. As the House by unanimous consent ordered that sideration of the bill was fixed for to-day only. the bill coming over as unfinished business should be proceeded with The SPEAKER pro tempore. That is aU. after the morning hour, I submit that it supersedes entirely the gen- Mr. LUTTRELL. Will it be in order to move to postpone the con- eral order; and it is not competent to raise the questio.n of consider- sideration of the special order until to-morrow after the morning ation. hour and to make it a special order for that time f The SPEAKER pro tempore. The mere fact that the House made Mr. RANDALL. That requires nnanimons consent. the order by unanimous consent has no more force than if the order 1\fr. LUTTRELL. I make the motion that the bill be postponed had been made under a suspension of the rules; and the roles-and until after the morning hour. the role withregard to the question of consideration is thatitis com- Mr. HOLl\1A.N. That motion is not in order, as the House is now petent to raise that question upon a report, even though it involves dividing, the yea-s and nays having been ordered. a question of privilege. It is certainly competent, the consideration The SPEAKER pro tempore. The question now before the House is of the Private Calendar being the regular order under the rules of whether it will proceed with the consideration of the special order the House, for the gentleman from Tennessee to raise the question of for this time or go to som~ other business. consideration upon the bill of the gentleman from Ohio. The question was taken, and decided in the affirmative-yeas 96, Mr. RANDALL. The effect of that is to give preference to paying nays 88, not voting 105; as follows: · out money by the United States Government rather than getting it YEAS-Messrs. Adams, Anderson, John H. Baker William H. Baker, Bell, in. Bradford, Buckner, Horatio C. Burchard. Cabell, John H. Caldwell, Campbell, Can- The SPEAKER pro tempore. That is for the House to decide, not non, Caul.fteld, Chittenden, .John B. Cla.rkeof.Kentuoky, Conger, Cox, Crounse, Cul- for the Chair. berson, Cutler, Douglas, Ely, Faulkner, Finlev, Forney, Fort, Gibson, GoodinJ_lnn- ter,Benjamin W. Harris, HenryR.Ha.t.Ti.s,Johil T .Harris, Hartzell, Haymond, .u.ays, Mr. RANDALL. I am aware of that; I only wanted the House to Hereford, Hoar, Holman, Hopkins, Hunter, Hnnt.on, .Jenks, Frank Jones Keiir, understand the question. tt Kelley, Franklin Landers, Lawrence, Lewis, Luttrell, L. .A.. Mackey, ~oon, Mr. LAWRENCE. The question is whether we shall save money Jrt;a.isti, ~cDilL Miller, Monroe, Norton, Oliver, O'Neill, Packer, Page, Payne, Pierce. Piper, Poppleron, Potter, Randa.ll, Rea, Rea.ua.n, John Reilly, James B. or lose it; whether we shall save $150,000,000 by the passage of this Reilly, Riddle, John Robbins, Miles Ross, Smalls, "X. Herr Smith, William E . Pacific Railroad bill T Smith, Southard, Sparks, Spencer, Stevenson, Stone, Terry, Washington Town· 4452 CONGRESSIONAL RECORD-B;OUSE. ·JULY 7, send, Tuft8, Turne:y1 Van Vorhes, Wallin.~, G.'Wiley Wells,· Whitthorne, Wike~ struction of a railroad and telegraph line from the Missouri River to Willard, .James w'illiams, Benjamin Wilson, .James Wilson, Woodworth, ann the Pacific Ocean, and to secUl'e to the Government the use of the same y ea.tes-96. . NAYS-Messrs. Ashe, Atkins, Ba~~y, George A. Bagley, .John H. BaglAy, jr., for postal, military, and other P.Ul'poses,' approved July 1, 1862 " and :Ballou, !_Blackburn, :Blair, Boone, Braruey, Dright, Samuel D. Burchard, Burleigh, other acts in relation to the railroad companiea therein named the Caswell, John B. Clark, jr., of Missouri, Cochrane, Crapo~...Davis, Davy, Dibrell, pending question being on the motion of the gentleman from Ohio Dunnell, Dlll'3nd, Eames, Egbert, Ellis, Evans, Felton, ~·oster, Gooue, Robert [Mr. LAWRENCE] to reconsider the vote by which the bill was recom- Hamiltoo, Hancook, Hardenbergh, Hatcher, Hathorn, Hendee, Hill, Hubbell, Hurd, Thomas L . .Jones, .Joyce, Ketcham, Kimball, Lamar, GeorgeM. Landers, Lapham, mitted to the Committee on the Judiciary. The gentleman from Ohio Leavenworth, Levy, MooDou~, McFarL'IDd, Meade, Milliken, Money, Morgan, [Mr. LAWRENCE] is entitled to the floor. New, Phelps, John F. Philips Plaisted, Platt Pratt, Rice, William M. Roboms, Mr. LA~EN9~· We are now probably within a few days of the Roberts, Robinson, Rusk, SOOies, Seelye, Singleton, Sinnickson, Slemons, Stowell, close of thl8 sess1on of Congress, and I am admonished by that fact Tarbox, Thornburgh, MartinLTownsend, John L. Vance, Robert B. Vance, Wait, Waldron, Alexander S. Wallace, John W. Wallace, Walsh, Warren, White, Whit. that I ought not unnecessarily to consume one moment of the time ina,William B. Williams, Willis, Wilshire, Woodburn, and Young-88. of this House. This bill is one of too much importance to be allowed NOT VOTING-Messrs. Ainsworth, Banks, Banning, :Bass, Beebe, Blaine, to rest without action before the House shall adjourn. If this bill Bland, Bliss, Blount, John Young Brown, William R.Brown, WilliamP.Caldwell, or some equivalent merumre shall become a law, it will save $150- Candler, oth gentlemen would vote the same way. 123.16 milea, making the Central Pacific Road 860.66 milea in length. Mr. WILSON, o~ Iowa. My colleague, Mr. SAi\:IPSON, is detained at The act of July 1, 1862, for the purpose of enabling these compa.- his room by sickness; · niea and other connecting companies, or companies designed to con- The result of the vote wa.s then announced as above recorded. struct connecting roads to make their linea of road and telegraph gra~ted.to these several ~ompanies ten ~tions per mile along th~ MESSAGE FROM THE SENATE. ent1re lines of road. Thts was a pure gift to the companiea, for A mel'~Sage from the Senate, by Mr. SYMPso:s-, one of their clerks, in- which the _Government neither a.sked nor received any equivalent, ~ny return whatever. formed the House that the Senate wa.s ready to proceed upon the im- :Mr. TOWNSEND, of Pennsylvania. Ten sections on each side. peachment of William W. Belknap and to receive the managers on :Mr. REAGAN. Wa.s it not twenty sections Y the part of the House, and that the Senate Chamber was prepareu Mr. LA.WRENCE. The original a"(}t of 1862 gave ten sections per with accommoda.tioDB for the reception of the House of Representa- mile. That amount was doubled by tha act of July 2, 1864. This is tives. a s~bject I have studied somewhati and I am tolerably familiar with ' The messa.g e also announced that the Senate had passed a bill (S. these statutes, though I may not a ways be accurate. No. 984) to provide for the sale of the Fort Kearney military reser- For .the purpose, t.oo, of enabling these companies to coDBtrnct vation, in the State of Nebraska; in which the concurrence of the these lmea of road and telegraph, the Government by the original House was reque.sted. act of 1862 made a. loan of credit to each company, 9r in other words ORDER OF BUSINESS TO-MORROW. . granted them bonds known as subsidy bonds j loaned them subsidy Mr. BRIGHT. I hope the gentleman from Ohio [Mr. LAWRENCE] bonds payable thirty years after date, with interest at the rate of 6 will permit me to aak that by unanimous coDBent the House shall to- per cent. per annum in currency. In order to secure the repayment morrow go into Committee of the Whole on the Private Calendar, of these subsidy bonds and the interest as it would accrue, the origi- and that it be considered as objection day. · nal. act .of 1862 gave the Government a•first mortgage or lien upon the The SPEAKER pro ternpore. Does tbe gentleman from Tennessee entire hnes of road and telegraph. And at the time this act was intend that this (}rder shall take effect immediately after tbe reading passed it seems to have been understood by Congress that the railroad of the Journal f companies were to pay the interest as it accrued upon these subsidy Mr. REAGAN. 'Ve want the morning hour. \ bonds. The Attorney-General, in an opinion of December 15 1870 Mr. BRIGHT. Let it be after the morning hour. decided that the companies were bound to pay the interest as'it ac~ Mr. HUNTON. I desire to make a parliamentary inquiry. Sup- crued upon these subsidy bonds. So far, then, all seemed very plain pose the bill now under coDBideration should.not pass to-day; would and all very well. There was an absolute gift of lands to the com~ the order proposed by the gentleman from Tennessee supersede the panies. The subsidy bonds issued to them to enable them to make consideration of that bill to-morrow f the roads were not a gift, but were simply a loan of credit. The The SPEAKER pro tempore. If the bill now under consideration companies at the maturity of the bonds thirty years from their date does not pass to-day, it will not interfere with the morning hour to- were bound to pay their principal, and according to the understand- morrow. It will be the pending business after the reading of the ing of Congress they were bound to pay the interest as it accrued. Journal. So the Attorney-General held in the opinion to which I have referred. Mr. RANDALL. lhe gentleman who has charge of the bill, if it It has recently been decided, however; at the last term of tho is not disposed of to-day, can call the previous question on it and it Supreme Court that the r3tilroad c<;>mpames were not bound to pay will then go over as unfinished business to come up after the reading the interest as it accrued and that they are by the existing law of ibo of the Journal. land not bound to pay it until the maturity of the suiJsidy l,londs The SPEAKER pro tempore. Unquestionably. Is there objection abo~t the 1st of Janu.ary, 1898-twe~ty-~o years hence-except as to the proposition of the gentleman from TennessQe, [Mr. BRIGHT,] th.,e mterest may be pa1d by the apphcat10n, first, o£ compensation that to-morrow the House shall resolve itself int<> Committ-ee of the for half the services rendered by these companiea to the Governmon t Whole on the Private Calender, and that it be considered as objection in carrying mails, freights, and telegraphic messagea; and secondly, dayf by the application of 5 per cent. of the net earnings of the companies, There was no objection, and it was so ordered. the earnings which they make in their general business. The aot of J u~y 2, 1864, changed the original act of 1862 m many very material RETURN OF BILL FROM THE SENATE, pomts. It was represented to Congress that to enable these com- Mr. FOSTER. The gentleman from Ohio [Mr. LAWRENCE] yields panies to construct their respective railroads they required more aid to me to offer the following resolution: . than the subsidy bonds would give them, and they asked the permis- .Re8olved, That the Clerk be directed to request the return from tbe Senate of the sion of Congress to mortgage their roads for a sum in bonds to be bill (S. No. 872) for the relief of the family of the late John B. King and of L. B. issuecl by the companies eqUal to the amount of the subsidy bonds, Cutler. and that this mortgage should be prior to that of the Government. In explanation of that resolution I have to say that the Clerk in- The act of July 2, 1!::!64, was accordingly passed granting all the com- forms me that in enrolling the bill the amendment adopted by the panies asked. House waa omitted. The a.ct of July 2, 1864, doubled the land grant and made other val- The resolution was agreed to. uable changes; changes valuable to the companies under these acts of Congress. There have been issued to the several Pacific Railroad PACIFIC R.AIT.ROADS. Companies subsidy bonds the principal sum of which aggregates The SPEAKER pro t.empm·e. The House reB)lmes the coDBideration $64,623,512. I have in my hand a table showing the amount of the of the bill (H. R. No. 3672) to amend the act approved July 2, 1864 subsidy bonds issued to the companies, taken from the public-debt entitled "An act to amend an act entitled 'An a"(}t to aid in the con~ statement of J nne 30, current year. From this public-debt statement ·' 1876. CONGRESSIONAL RECORD-HOUSE. 4453 it appears further that the Government has a.gain and again, year companies is 23,289,()-21.81, after deducting the half compensation after year, been paying an annual interest upon these bonds of nearly for services rendered by the companies to the Government. I submit $4,000,000, until the amount advanced from the Treasury for these the following tabl~ : Bonds issued to the Pacific railtoay companies payable thirty years after date. Inte're8t payable in lawful rno-ney at 6 per cent. Principal out- Interest ae- Interest -J:td Interest repaid B a.la.nce of in· b_y transporta.- terea\J>a:id by Name of railway. erued and not bl the nit- tion of mails, the nited standing. yet paid. e States. &e. States. Central Pacific ...................................................................... . $25, 885, 120 00 $776,553 60 $11, 804, 251 27 $1, 231, 213 76 . $10, 573, 037 51 Kansas Pacific ..................................................................... .. 6, 303, 000 00 189,090 00 . 3, 292, 903 09 1, 448, 327 39 1, 844, 655 70 Union Pacific ....................................................................... . 27, 236, 512 00 817,095 36 12, 701, 420 01 4,·079, 764 77 8, 621,715 24 Central branch, Union Pacific ....................................................... . 1, 600, 000 00 48,000 00 829,808 26 44,408 05 785,400 21 Western Pacific .................................................................... . 1, 970, 560 00 59,116 80 781,496 94 9, 367 00 7'72,·129 94 Sioux City and Pacific ............................................................. .. 1, 628, 320 00 48,849 60 731,553 49 39,477 28 692,083 21 Total ........................................................................ .. 64, 623, 512 00 1, 938, 705 36 30,141,513 06 6, 852, 491 25 23, 289, 021 81 Now, Mr. Speaker, this process of payinginterestisgoin~on against thrown this statement as to these two companies into the form of a the Government, and what willbetheresult t. Why,sir,attnematurity table, as follows : · of the subsidy bonds twenty-two years hence the amm.mt of inter- est alone advanced by the Government with the interest compounded Union . Central on the advances of the interest, if there were no credit for half serv- Pacifi • J:>acific. ice and 5 per cent. of the net earnings, would amount to the enormous sum of $316,112,571. The simple interest alone, without compound- Sinking fund required by bill for first ten. years, payable semi- ing it, amounts to $116,322,321.16. But the Government will be re- Addf~;u[ i;~; ·~;;i: ~£ ·~t- ~g; ·~~(i hill. 8~;;ic·6a~ ·~~~r .ts75' 000 -t284; 105 . imbursed to sonie extent from 5 per cent. of net earnings and half annua.lly...... .. • • .. . • • .. • .. • • • • . ... .. .. • • • • .. • • • .. • .. .. . .. . 225, 000 225,000 . services, and there wi~l not be due at the maturity of the subsidy Total payments, semi-annual............. .. . . .. . .. • . • . . . .. . . . . 600, 000 509,105 bonds the whole amount of this $116,090,000 of interest or advance The requisite amount to pay subsidy bonds and interest at ma.- of interest. The 5 per cent. of net earnings of these companies to which Se~~~deftcl·~~y·d~gfust.~ny;_a;~:::::::::::::::::: ~m 421,637 930,742 to the Government is entitled and the compensation for half services / which the Government is entitled, apply as c1·edits on current inter- est advanced by the Treasury Department. This will reach about That is, if we require the payment of a sufficient sum, these two com· $440,000 .a year for the Central Pacific Company and about an equal panies, which are the principal companies, would be required to pay sum for the Union Pacific Company. After applying these credits the sums I have just stated in addition to the sums required by this bill. there will remain of principal and interest not re-imbursed on the 1st This is the provision made by this bill to meet the $150,000,000 of January, 1~98, about $150,000,000. which will remain owing and due to the Government on the 1st day What shall be done as to this $150,000,000 t The chief purpose of of January, 1898, not re-imbursed in the modes provided by existing this bill is t.o require these companies to pa.v into the Treasury semi- law. The bill does not provide for the payment of a sufficient sum, annually a fixed sum of money, which shall be inve~;ted by the Sec- but so far as it goes it 18 well, and, thon~h it doea not go so far as I retary of the Treasury in Government.bonda, on the most advantage- would desire, I am for this bill, because 1t is just and because it se- ous terms possible, to accumulate on interest for the benefit of these cures a portion of what ought to be paid by these companies into the companies until the 1st of January, 1898, and to provide that the United States Treasury; and at some future day Congress can provide amount so accumulated shall then be applied to liquidate the_princi- that the amount shall be increased, when possibly money may be bor- pal and interest of the subsidy bonds. That is the purpose of the bill. rowed at a lower rate of interest. And thus the Government may I have prepared a short table showing the amount of money which finally be re-imbursed for the vast sums of money which, under exist- it would be necessary for these several Pacific railroad companies to ing law, it is required to advance fo.r these companie~. pay into the Treasury semi-annually to liquidate the interest unre- Mr. KASSON. If it does not inte1Tupt the gentleman at the wrong imbursed and the principal of subsidy bonds due on the 1st of Janu- point-- · ary, 1898. It would require to be paid semi-annually by the Central Mr. LAWRENCE. Certainly not. Pacific company 930174.2, and by the Union Pacific company $994,731. Mr. KASSON. I wish to a~k him to state what was the principle The table is as follows : decided by the Supreme Court of the United States not long since, in some caRes like this, as to the right of Congress to impair the obli- gation implied in the original charter. Several gentlemen have ex- pressed doubts whether there was not in this bill a principle in con- travention of that decision of the Supreme Court. If the gentleman can state it in brief, I would like him to state what was the princi- ple, in that respect, settled by the Supreme Court, treating the char- Names of companies. ter a~ an original contract, and treating this bill as imposing an ob- ligation on these companies in contradiction of the obligation con tained in the original charter. Mr. LAWRENCE. That reaches the question of the power of Con- gress to require this sinking fund. I will discuss that que_stion before I get through. . Mr. KASSON. Very well; at the proper time. Mr. LAWRENCE. Yes, at the proper time. It is perfectly right Central Paciflo ............................ .. $332,408 e598, 334 ~930, 742 that the gentleman should call my attention to that point. I will Kansas Pacific ............................. . 87,327 157,190 244,517 Union Pa.cifto ............................... . 355,261 639, 470 994, 731 say, however, for his information, that the Supreme Court of the Central bt'allch, Union Pacific .•••••.•••..... 2'2, 299 40, 138 62, 437 United States has made no decision at all upon the question as to the West.ern Pacific ........................... _. 23,855 42, 939 66, 797 power of Congress to change these Pacificrailroada.cts. The Supreme Sioux City and Pacific.................. ~ •••. 20,723 37, 302· 58, 025 Court decided, in January last, I think, at all events during the last term of the court, a. caBe known as " the interest case," the case of The sums indicated in this table are the sums which should be paid The United States t'B. The Union Pacific Railroad Company, and it inclusive of the 5 per cent. of the net earnings and the bali service, will be found commencing on page 180 of House Report No. 440, in order to meet at maturity the interest and the principal of the sub- which I had the honor to submit to this House on the 25th of April sidy bonds. If I could have my wish upon this subject I would re- last, on the subject of a sinking fund for the several Pacific railroad quire these companies to pay that sum. companies. There is nothing in that decision, not one word or one letter, The Judiciary Committee, however, after the most mature consider- that militates against the power of Congress to require the creation ation, have not deemed it proper now to require t-h e companies to pay of this sinking fund. And before I get through I trust I shall be able that sufficient sum. In the bill now before the House the committee to satisfy my learned friend from Iowa [Mr. KASSON] that this bill is require a much less sum. authorized not only by the a.cts of 1862 and of 1864, but by repeated By this bill the Union Pacific Company is required to pay $375,000 decisions of the Supreme Conrt of the United States and of other semi-annually for a period of ten years, the Central Pacific Company, of the highest courts of thia country. $284,105 for a period of ten years semi-annually, and after that period Mr. KASSON. If that principle will be stated by the gentleman, these sums are to be increased. ·After applying 5 per cent. of the net iu due time, let that suffice for the present. But on the subject of earnings and the half service, according to the provisions of this bill, the sinking fund, allow me to inquire whether thiB bill authmizes the deficiency for the Union Pacific Company will be $334,731 ani the same rate of interest on the funds paid into tbiB sinking fund for the Central Paci1ic Company $421,730 semi-annually. I have that is due to t.:he United States on the bonds granted aa subsidy T 4454' CONGRESSIONAL RECORD-HOUSE. JULY 7, :Mr..LAWRENCE. I will state how that is. ;rhe Clerk read as follows: Mr. TOWNSEND, of Pennsylvania. At the same time I would like The mort,..vernment has only a. second mortgage, and if which does reserve to Congresatnatright. That also will be discussed it be allowed to accnmnlate without any provision being made to moot it, the com- pany will probably be utterly unable to pay it. when I come to consider the question to which I refer. At the same time, it is equally manifest that the Gi>vernment will be unable to This bill requires the Secretary of the Treasury to invest the money collect it, except upon the assumption that it will advance the money to discharge which shall be paid into this sinking fund by these companies to the prior mort~3:ges and run the road on Government account, a policy which wise best practical advantage. And it authorizes these companies to pay statesmansnip conld not advise. By standing still, therefore, the company has a load of debt aocumulating for · into the sinking fund any bonds of the United States or greenbacks which no provision is made, and the Gi>vernment is drifting farther and farther or any evidences of Government indebtedness; the subsidy bonds, if from the opportunity.to secure a just return for its advances. To do nothing is to you please. And if the railroad companies shall choose to pay into this injure both the Gi>vernment and the company, perhaps irretrievably to both. sinking fund the subsidy bonds, then they will get 6 per cent. interest, On page 287 of this House report No. 440 to which I have referred precisely the rate the Government pays on those bonds. This bill will be found a statement of the chairman of the Senate Committee gives them that · privilege. If they choose they can invest in Gov- on Railroads, that the cost of constructing the Union Pacific Railroad ernment Slibsidy bonds and pay them into this sinking fund; and in is estimated at from $39,000,000 up to about $71,000,000. I have no that way they can regulate the rate of interest they will get. doubt that this road honestly constructed could have been bu.ilt for Mr. KASSON. I believe there is no provision in this bill permitting $50,000,000. Suppose no sinking fund is provided, what is to be the these companies to pay into this sinking fund their own first-mortgage condition of things on the 1st of January, 1898! After crediting to bonds! the Union Pacific company their 5 per cent. of net earnings and half Mr. LAWRENCE. No, there is not. But I will saythis: This sink- services to the Government, this company will owe on its- ing fund will be practically for the benefit of the holders of the :fi.rst- mortga.l: :onds, so that it amounts to the same thing. · First mort~ge- --- _-- --- .. ·----· ·-···- ··-- .. ------ ____ . __ ---- _.. ____ .. $27, ZJ-2, 000 Mr. SON. The gentleman· mistakes my point. If they were Interest Subsidy bond mortgage·-----·--- .. ---------·------ ...... ---· __ ·--··--. 27,236,000 not re-imbursed to the United States ...... ·--·-·.·--·-·---··· 38,225,721 allowed to purchase their own first-mortgage bonds, to that extent putting the Government where it was intended originally to be, the Total -·-· ...... ---- ··---· -·· --------- •....•. --·. _.. _. --- ... -·--- 92,693, 72L· first mortga~ee, they could getthem verynearlyatpar. If, however, In other words, the company will owe nearly twice what the whole they buy Umted States 5 per cent. bonds, they will have to pay about road is worth. 120 for them. · Besides, its land-grant debt is $7,812,000, and its sinking fund about Mr. LAWRENCE. There would not be much objection to their $14,299,000, making an additional debt of $2-2,111,000. But a.ssuming paying their first-mortgage bonds into this sinking fund. But the that the land-grant mortgage and the sinking-fund mortgage should companies ha~:£~~posed no such thing. They resist every step taken be paid, it would still leave a debt of over $9'2,000,000, when the road to require a s· · g fund, and have here to-day a powerful lobby is not worth $70,000,000. against this bill. . Sir, the first mortgage will be foreclosed. The holders of the fus1- Mr. KASSON. I allude to it only because it is desirable to obtain mortgage bonds will buy in the road; for there will be no competi- a practicable bill, and one that will not conflict with the decisions of tion when it comes to be bid in. The few men who manage these roads the Supreme Court of the United States. will have these bonds in their hands. Then they will buy in the roads, Mr. LAWRENCE. I am not afraid about the decision of the Su- and the Government will lose its principal and its interest on these preme Court. There would not be much objection, I think, to that subsidy bonds. .A.11 will be gone. Unless we secure it now it will be proposition; but it was not considered by the committee, or not irretrievably lost. deemed advisable at all events, and so it is not incorporated in the Sir, can we rely on the honor of these corporations t I have not a .bill. word to utter afwer given them only to greS8 shall hereafter require it or not, I do not now undertake to say ; meet the necessiues of the construction and endowment of the road, have been die- but I do say that this bill does not require it. Now, these companies tributed in dividends among the corporators; that the stock was issued not to men are left in the position of receiving besides their land grants an ab- who paid for it at par in money, but who paid for it a.t not more than tbil:ty cents on the dollar in road-making; that of the Gi>vernment directors, some of th~m have solute money gift of more than 100,000,000 ; a sum sufficient, if eco- neglected their duties, and others have been interested in the transactions by which nomically expended, to construct the entire road from Omaha to Sac- the provisions of the organic law have been evaded; that at least one of the com- ramento. .And this we are doing without asking any r~compense missioners appointed by the President has been directly bribed to betray his trust whatever. by the gift of 25,000; that the chief engineer of the road was largely interested in the contraots for its construction ; and that there has been an attempt to prevent Mr. RIDDLE. Are the companies willing to accept the provisions the exercise of the reserved power in Congress by inducmg in:fluentml members of of this bill f Congress to become interested in the profits of the transaction: So that of the safe. Mr. LAWRENCE. Certainly not, aa their lobby here against it guards above enumerated none seems to lie left but the sense of public duty of the sufficiently proves. I never knew these companies to be willing to corporators." · accept anything, unless it was something to their advantage, regard- Mr. LAWRENCE. Mr. Speaker, the closing sentence which has less of the question whether there was a mixture of advantage any- been read is sublime in the depths of its irony! Sir, we cannot rely where else. then on the mere, sole pleasure of the men who manage this corpo- :Mr. RIDDLE. Have they been making propositions f ration to provide for the payment of this indebtedness, for they do Mr. LAWRENCE. They have been making propositions; but those not pretend that they are setting apart one dollar to meet it when it propositions {which I discussed in a speech made on the 14th of June comes to be due. They do not deny that they are dividing out in last) are new demands upon the Treasury, new schemes for taking dividends among their stockholders the earnings of the road without money from the Treasury, instead of paying it back. That is my setting apart one dollar to meet this indebtedness when it comes understanding and construction of ~hose propositions. If gentlemen due. Why is that! If they intend to pay this debt when it becomes desire to see my views on that subject they will find them in the due they must provide the means of paying it. If they intend to pro- speech to which I have referred, which is much fuller in its state- vide the means this bill requires them to do just that and imposes menta than the speech I am now making. nothing upon them but what they ought to do. If they do not intend The three inquiries naturally arising in connection with this bill to do that, this bill ought to pass and compel them to do what is nee- are: First, is this provision for a sinking fund necessary f Secondly, essary to secure the Government against loss. I need not refer to the is it reasonable f Thirdly, has Congress power to require it f value of the other roads and the amount of mortg~es on them. And now a. few words a.s to each of these questions. They are in about the same condition as the Union Pacific, and that Is it necessary f The president of the Union Pacific Railroad Com- is enough. . ' pany in a letter to the Secretary of the Treasury, dat-ed February 9, This bill, Mr. Speaker, is a reasonable one. I have already shown, 1875, uses .t he language which I a.sk the Clerk to read. I beg gentle- in the remarks I made on the 14th of June as they are reported in the men to hear it. I like to quote these gentlemen, because they under- ~-ECORD, that these companies can pay this money required by this stand this subject. bill and still make reasonable dividends to their stockholders. I do 1876. CONGRESS!ONAL RECORD-HOUSE. 4455 not deem it necessary to repeat the argument or to recite the facts in pronouncing the opinion of the Supreme Court, said that the re- and figures which I there gave. I only repeat the fact, which any served power may be exercised to almost any extent to carry into gentleman can see, that these companies can make reasonable div- effect the original purpose of the grant, or to secure the due adminis- ide!lds to their stockholders and meet the sinking fund required by tration of its affairs (the affairs of the company) so as to protect the this bilL rights of the stockholders and creditors, and for the proper disposi- But I do not place the right of Congress to create this sinking fund tion of the assets. That is i~. . That covers the entire authority ex- upon any question of that kind. It is the right of the creditors of a ercised, or proposed to be exercised in this bill. Judge Clifford says corporation to be paid first of all, and no corporation has the right to this power to alter or amend can ,be exercised almost to any extent make dividends to the prejudice of its creditors. That is one of the to carry into effect the original purpose of the grant: What was the :first and elementary principles of law known by every student of the original purpose of the grant to the Pacific Railroad companies f It law of corporations and about which no lawyer ever entertained a was to secure to the United States the re-imbursement of the interest doubt. which should be advanced upon the ·subsidy bonds, and the repay- I do not wish, Mr. Speaker, unnecessarily to consume time, but that ment of the principal of those bonds. ,Well, says J ustioe Clifford, Con- brings us up to the question, to which I invite the attention of the gress can exercise the reserved power to alter to any extent to effect gentleman from Iowa, [Mr. KAssoN,] of the power of Congres.~ to pro- that object. That is precisely what this bill proposes to do. vide this sinking fund. What is our powe,r! I had occasion to argue How shall Congress exercise that power! Why, says Justice Clif- that question in the report submitted to the House on the 25th of ford, that power may be exercised for the proper disposition of the April at considerable length, and I refer gentlemen who wish to see a asssets: Yes, sir, this bill proposes to deal with the a-ssets of the com- fuller discussion of that subject than I propose to make now to the pany, to make a proper disposition of them to secure the repayment report itself, where I have collected, I think, more than .half a hun- of this interest and the principal of these subsidy bonds. dred authorities and decisions of courts on that question-nearly all Mr. Justice Clifford says that under this reserved power to alter, the decisions made by the courts of ·the United States. authority may be exercised almost to any extent to protect the rights of Let me call the attention of the House a.gain to the fact that in the the creditors. The Government is the creditor, and we proposesimply original act of 1862 only ten sections of land per mile were granted to take the assets of these companies and give them a particular di- to these companies. By the act of 1864 the la:p.d grant was doubled. rection, for the purpose of doing what these companies agreed to do. By the act of 1862 the Government held for the repayment of the It would be marvelous law indeed if we required these _companies to subsidy bonds and interest advanced a :first mortgage on the road. do a given thing, and there was no power under the sun to enforce By the act of 1864 that mortgage was released, and these companies the observance of that dnty which they had agreed to perform! were authorized to issue their bonds, to be secured by a :first mort- Why, sir, to say they shall do a thing, and then leave it in their dis- gage on the roads equal in amount to the subsidy bonds. cretion whether to perform it or not, is simply to issue a brut1trn Mr. TOWNSEND, of Pennsylvania. Postponed; not released. fulrnen, simply to say a thing shall be done, and then leave the com- Mr. LAWRENCE. Postponed, not released; my friend is correct, panies not to do it. That would not only be bad law, but bad morals. and the Government mortgage was made second to that of the bonds I have in this report, (House Report No. 440,) as I have already re- which were issued by the companies. The original act of 1862 re- marked, collected a number of authorities, and I call the attention quired these companies to pay to the Gouernment, as a credit upon of the Honse to a Massachusetts case. In Massachusetts the Legis- the advances of interest, all the earnings for their services to the Gov- lature incorporated two railroad companies, and in the act incorpo- ernment and 5 per cent. of their net earnings each year after the rating them the right to alter and amend the charter was reserved. roads should be completed. The act of 1864 released these companies Subsequently the Legislature required the companies to extend their from applying all their earnings for service to the Government to re- lines of road into a city and construct a union depot, at a cost payment of advance of interest, and required only one-half to be so of several hundred thousand dollars. The companies resisted, and applied. · said, although the Legislature ha-d power to amend or alter their But Congress did something more. While they were surrendering charters, they could not impose upon them a duty which required the great security of a :first mortgage, while they were surrendering the payment of money away beyond the original purpose contem- the right to apply all the earnings for services to the Government, plated by the chatter. The supreme court of that State held that, they provided in the twenty-second and last section, act of 1864, as under the reserved power to a111er or amend, the Legislature had the follows: right to impose a new duty upon the companies to carry out the That Congress may at any time a.Iter, amend, or repeal this act. original design of their creation; that is, to accommodate the travel- ing public and to carry goods; that this depot was necessary for that That is, while by this act Congress released one-half of the com- purpose, and that under the power to carry out the original de8ign pensation for services rendered by the companies to the Government of the company the" Legislature could impose upon these companies they said in effect, "If we find when these roads are completed that the the duty of extending their road, even although they were required means provided by existing law to pay the principal and interest of to exercise the right of eminent domain to carry out that purpose. the subsidy bonds will not be enough, we will reserve the right to So the law wa.s sustained. And that is a mnch stronger case than alter the contract and require such payments as will be sufficient." that covered by this bill. Here we simply require the payment of a Mr. BRIGHT. Did they accept the act of Congress f debt which the companies have agreed to pay and at the time when Mr. LAWRENCE. Yes; of course they did, for there were "mill- they agreed to pay it. - · · ions in it" for the companies. The sixth section of the act of 1862 My learned colleague, [Mr. HURD,] in his minority views accom- declares these land grants anll subsidy bonds are given to these com- panying the report of the committee on this bill, urges with great force panies upon the "condition" that said companies shall pay said bonds his objections to the bill. I have already replied to these in my re- at maturity. And again: marks on tho 14th of June. Said company may also pay the United States wholly or in part, in the same or He insists that this bill may impair the right of stockholders to other bondS, Treasnry notes, or other evidences of debt against the United States, dividends. I have already shown he is mistaken in this as a matter to be allowed at par ; and after said road is completed, nntil said bonds and inter- of fact. But as a matter of law stockholders have no right to divi- est are paid, at least 5 per cent. of the net revenues of said road shall also be annu. dends to the prejudice of creditors. This is well settled in every ally applied to the payment thereof. book on the law of corporations. Mark the words, " at Zea8t" 5 per cent. shall be applied to the pay- My colleague [Mr. HURD] insists that this sinking fund may dis- ment thereof l That is coupled with the power in the act of 1864, to able the companies from maintaining their roads. In this, as I have alter the contract so as to enlarge the demand which the Government shown in my remarks on the 14th of June, he is mistaken as a matter may make on the companies. of fact. The samepgument could be employed to prove that Con- Mr. BAKER, of Indiana. Let me ask the gentleman from Ohio a gress could not tax one of these railroad companies. But it would qnestion1 whether the power embodied in this twenty-second section be answered by the case of Tomlinson vs.Jesup, 15Wallace, page454, to alter, amend, or change the charter in his judgment confers any in which the court said the reservation of a power to alter the char- authority upon Congress to change the status of the corporation as it ter "places under legislative control all rights, privileges, and immu- exists at the time Congress may see fit to so alter and amend f nities derived" from the charter, and that a tax could be levied. Mr. LAWRENCE. The status f The same argument could be employed to prove that Congress could Mr. BAKER, of Indiana. Their contract rights. not require a. change of grade or the erection of a depot by any of Mr. LAWRENCE. It authorizes Congress to change the contract these companies. But the courts have said that both could be re- with the companies so as to require them to pay more than the origi- quired by legislative authority, as may be seen by reference to Worces- nal law required if they accepted it, as they did~ Congress cannot ter vs. Norwich Railroad Company, 109 Massachusetts Reports, page change the status of a company so as to divest a vested right. 103, and Commonwealth VB. Eastern Railroad Company, 103 Ma-asa- Now, Mr. Speaker, this question has been before the courts in quite chusetts Reports, page 254, and Fitchburgh Railroad Company VB. a number of cases. In the case of Miller against the State, 15 Wal- Grand Junction Railroad Company, 4 Allen, page 198, and numerous lace, 478, a railroad company was organized under a law authorizing other authorities referred to in the report, page 440, of the Judiciary its cre~tion, with thirteen directors to be elected by the stockholders. Committee on this bill. A subsequent statute gave the city of Rochester, which had become Now, I will not multiply these authorities, for it seems to me they a stockholder, the power to appoint seven directo., leaving the other are perfectly clear and perfectly conclusive upon this subject; and if stockholders to elect six. The question arose whether the Legislature any gentleman desires to look at them more fully he can do so by had the power to provide that mode of electing the directors. The looking into this rep<* and consulting the books to which it refers. court held that this was an authorized exercise of power under the 1\Ir. JAMES B. REILLY. I would like to ask the gentleman from reservation in the law of the right to alter or amend. Judge Clifford, Ohio a question. As I undOI'Stand it, the amount which this bill pro- __, .. 4456 CONGRESSIONAL RECORD-HOUSE. JULY 7, vides shall be paid into the Treasury will not fully re-imburse the Mr. LAWRENCE. That possibly may not be a contract within the Government f meaning of this section. . Mr. LAWRENCE. It will not. Mr. KASSON. I think it is. Mr. JAMES B. REILLY. What is the objection to fixing an amount Mr. LAWRENCE. This is taken worfl for word from the act of at this time that will fully re-imburse the Government 7 March 3, 1873, which Congress passed just after the Credit Mobilier Mr. LAWRENCE. I cannot see any; but I defer to the judgment of expose. The only difference is that this section applies it to all the the ma~ority of the Judiciary Committee, who thought it better not co.mpanies, where~s in that act it was confined to one company. This to requtre the full amount now. And I always acquiesce in thejuda- mil be seen by reference to the act found on page 167 of the Report ment of the gentlemen with whom I am associated when they diff~r No. 440 of the Judiciary Comlnittee on this bill. with me in sufficient numerical force, and of course·for that reason I MI:· KASSON. That makes no difference in the view I take. If yielded to their judgment. I can only say that this is right so far as it ~he l~teral terms of the act are to be taken, it punishes with fine and goes; but in the future, when the profits of these roads shall increase, nnpnaonment any officer of the road who makes a contract for freight. when money probably can be borrowed at a lower rate of interest the :M.r. LA"\VRENCE. O, certainly it does not apply to any such case amount can be increased. We have started in the right direction as t~t suggested by the gentleman. . and we ought not to vote down this bill simply because it does not Mr. ~SSON. If strictly const~ued it prohi~its hi~ from. being in- accomplish all we would desire. terested many contract of any kmd, and subJects hilll to nnprison- Mr. W. B. WILLIAMS. May I ask the gentleman !rom Ohio a ment and fine. question f Mr. LAWRENCE. I understand, I think, now the purpose and Mr. LAWRENCE. Certainly. . effect of the provision. If a railroad president can make contracts Mr. W. B. WILLIAMS. The bill in the last clause of section 5 says: for carrying freight, he can buy coal mines and forests and produce :But nothing he~in shall r~nire said 5 per cent. of net earnings or said one-half a_?d secure ad vanta~es over all others. If he wants a single box car~ of the compensation for serv1ces rendered for the Government to be invested as ned he ~an have it uone without freight charges. But he should not herein mentioned. be periDitte'd to secure advantages over other parties in carrying Why should not that be invested in the same manner as the moneys freights 7 e~t~er as to price or time of carrying. If so, he can drive referred to in the previous portion of the section T all compet1t10n away. And the only remedy is to cut him off from :Mr. LAWRENCE. I will state the reason. It is because we have contractor all such contracts. Another purpose is to prevent him from being a the right to credit that on the advances of interest now. The Gov- through a Credit Mobilier corporation or otherwise. ernment is entitled to credit the 5 per cent. of net earnings and half Mr. HOLMAN. I wish to inquire whether the debate UJ?On this compensation for services as part payment on current advances of bill is to be confined entirely to the Committee on the JudiCiary. interest on the subsidy bonds, and we are not bound to accumulate Mr.. LA~RENCE. 0 w~ shall have an hour after the previous that at Interest and give the companies the benefit of it. The act of questiOn IS seconded. I m1ght occupy much more time in this dis- 1862 and of 1864 gives the Government this right. cussion and explain in detail all the provisions of the bill ; but it Mr. W. B. WILLIAMS. Why not do this in your bill t seems to me unnecessary. I rely on the inherent justice and mani- Mr. LAWRENCE. It is done by the existing law. The act of 1864 fest necessity for and propriety of the measure. provides for that. Mr. HURD. Mr. Speaker, I regret that I have boon compelled to Mr. W. B. WILLIAMS. The act of 1864 provides for that as a sink- differ from the majority of the Judiciary Committee of this Honse in ing fund, and you are providing an additional sinking fund. the report they have made upon the subject of the Union Pacific Mr. LAWRENCE. The act of 1864 provides that 5 per cent. of the and Central Pacific Railroads. I regret it the more because of the net earnings and half of the compensation for the services rendered high resp_ect in which I have always held as~ lawyer my colleague ~y these companies to the Government shall be applied right at the who has JUSt addressed the House; but, notWithstanding the reQ"rot ttm~ the serviCes are rendered, and 5 per cent. paid in liquidation of I feel obliged by a sense of duty to maintain before this House in°thi~ ~he mteres~ advan?ed b~the Government, so far as it will go. There discussion the views which have led me to a decision entirely differ- IS no necessity for mvestmg that 5 per cent. or half services, because ~nt from ~heir~. ~ dea~e to say ~o this Ho~~ that not only are there it is credited at once, and·the amounts will be made up accordinaly; mvolved m thiS d1scnss1on questiOns of millions and millions of tlol- wherea-s as to the residue of the interest not so re-imbursed it is not lars, but the question of the honor of the Government, questions of 0 proposed in this bill now to exact payment until the maturity of the its rights and duties and powers with reference to whom and with subsidy bonds. And for that reason this sinking fund is to be paid whom its has made contracts, and that in the determination of these . in and invested, and accumulate interest until the maturity of the questions we are to set the precedent by which powers in all future subsidy bonds, and then applied ; the result of which is that the com- Congresses may be regulated. panies get the benefit of the interest on the sinking fund, while the 'l'he history of these railroads must be familiar to nearly every Government gets no int~r~st on ita advance of interest; making ~ dif- member of the House. By acts of Congress individuals were given ference of a hundred millions and more in favor of these companies. certa~ powers,_ involving ~ights of. way,. i.J;t.volving the exercise of This is done to conform to what it is claimed the Supreme CouTt de- the nght of emment domam; certam pnvileges were conferred in cided in the so-called "interest case" at the recent term of the court. the way of bonds and loans of the Government credit for the con- Mr. PAGE. Will the gentleman ~nswer me one question f struc~on ?f the~e ~a~oads. ~n addition to this _there was a large Mr. LAWRENCE. Yes, sir. contributiOn of mdlviduaJ capital made to these rmlroad enterprises. Mr. PAGE. How much money in all did the Government oive to When the railroads were completed they constituted a line from the these two roads T What was the original amount 7 ° one hundredthmeridianof longitude in Nebraska to the Pacific Ocean. Mr. LAWRENCE. I can tell you that. The Government gave or The Government has since exercised control over them, so far as the made a loan of credit of subsidy bonds to the Central Pacific Com- law fixed the exercise of such control and determined and ascertained pany to the amount of 25,885,120; to ·t he Union Pacific Company ita power. . $27,236,512. ' The question that is involved in this discussion is what were the Mr. PAGE. About $60,000,000 altogether. terms of the contract entered into between the Government and these Mr. LAWRENCE. Then there were other companies which re- companies f The terms can be ascertained only by reference to the ceived smaller amounts; and the total was $64,623,512. provisions of the statutes themselv&~. By the law of 1862, it was Now, I have gone over, as fully as I could in the time I have taken, provided particularly and especially that after these roads had been the one principal purpo e of this bill, and I trust that it will pass the completed the Government should have power to retain at least 5 House by the decided majority which its justice and merits deserve. per cent. of the net earnings of the roads and also the whole of the It is simply a question whether we will secm'e t!e repayment to the compensation paid by the Government to the companies for services. Government of $150,000,000 justly owing by these companies, or Afterward, in 1864, this law was changed chiefly in this, that only whether that vast sum shall be lost. one-half of the compensation to be paid to the companies should be -Mr. HURD obtained the floor. set a-side for the se~urity of the ultimate payment of these bonds. No :Mr. KASSON. Will the gentleman from Ohio [Mr. HURD] allow person ever disputed that these bonds were loaned to the company; me, before he proceeds, to ask for a little information from the gen- they were to be repaid to the Government at maturity. There was tleman who has just spoken t no dispute as to the time that the obligations were to run for a cer- Mr. HURD. I yield to the gentleman. tain period of time, for payment was specifically stated on the face Mr. KASSON. I was waiting for the gentleman f1·om Ohio [Mr. of the bonds themselves. There was a dispute, however, as to the LAWRENCE] to come to the details of the bill as I supposed he would maturity of the interest. It was maintained that the interest was to do, and therefore I did not interrupt him. I notice that section 8 of be paid semi-annually by the companies until the maturity of the the bill provides- bonds. The Attorney-General of t.he United States gave an opinion in favor of that view. But the question was carried to the Supreme Tbat no director or officer of any company hereinbefore mentioned or referred to Court of the United States, and that tribunal, the higheit judicia] shall hereafter be interested, directly or indirectly, in any contract therewith, ex:· tribunal of this country, decided that the interest was not payable by cept for his lawful compensation as such officer. the companies until the bonds had matured. Since this decision there And .if h~ is, he is to be punished by a possible fine of $10,000 and a should be no doubt on the part of the General Government that it bad y~ar's nnp~sonment. Does not that go much beyond what the com- no right to ask th.payment of the principal or the interest until the lllttee desues f If an officer of the company..l:tas occasion to ship a maturity of the bonds, and the companies liad the right to refuse the single- box of any kind of freight from San Jlfancisco to New York payment of any Rum until the bonds had matured, as the contract he wonl(l be liable, under this provision, to a fine of $10 000 and ~ stipulated. There was a time for the payment of the principal debt· year's imprisonment; that is, if be agrees to pay freight oh it. there was a time for the payment of the interest; there was a fund • 1876. CONGRESSIONAL RECORD-HOUSE. 4457 to be annually paid which ~as to insure the payment the Govern- to this country as unconstitutional and void," thou~ the fa.ct is otherwise in regard to remedial statutes. He does not make any aistinction between the different' ment of the whole sums specified by law. Nothing could be plainer States whose constitutions might differ in their provisions upon that subjt-ct~ and than this. . probably for the best of reasons, that be could find no such difference. Indeed, If judicial decision were necessary, judicial decision has been given. the statement in our bill of rights, section 23, is but an assertion of a general prin- If legislative action were needed, legislative action has been had so ciple, which was understood to be of universal application in all free ·governments; that the contract between the Government and the companies was a principle which should be, and it is believed bas been. a-pplied in all of the States of this Union, without regard t.o the particular form of their constitution. clearly understood. To fix any other time for payment without con- Woodbury. J., in Merril VII. Sherburn, in alluding to the prohibition contained in sent of the companies is a breach of the obligation; to demand any section 23 of our bill of rights, speaks of them as " fundamental axioms of legisla- other security is an exercise of unwarranted power. At the begin- tion." And Richardson, C'. J., in Woad vs. Winnich, in speaking of retrospective ning of the session my colleague who has just addressed the House in- laws, such as divest vested rights, says: · "Retrospective laws of that kind deserve to be denounced, as they are denounced troduced a bill providing for a sinking fund, compelling these rail- in our constitution. as highly: injurious, oppressive, and unjDBt. They have been road companies to pay a large amount of money, between one or two denounced by the most sound and intelligent jurists and statesmen in every age. •· million of dollars a year, for the ultimate discharge of this debt In Gardner VB. Village of Newburgh, 2 Johnson, 161, Ct. Chancellor wbich has been contracted. Kent held- There can be no doubt as to the effect of the provisions of this law. These provisions impair the obligations of the original eontract, be- That, though the Legislature has power to take private property for useful and necessary publio purposes, it is bound to provide a fair compensation to the indi- cause they make a sinking fund where there never was a sinking fund vidual whose property is taken. and until a just indemnity is afforded to the party before, or else they impose new duties on the companies in increa.sing the power cannot legally be exerciBed. This was when therewa.s no constitutional the sinking fund which had been previously established. This law provision upon the subject of appropriating property for the public use. changes the time of payment of the interest from 1900 to each year My conclusion is that, upon prmmple as well as upon authority, a legislative act, whether·it be a positive enactment or a repealing statute, which tali:es away the between that period and now. It affect.s the vested rights of -parties vested rights of property of individuals for any purpose (except where prope1·ty is who are interested in these contracts and violates the plighted faith taken for public use ana upon a just compensation) is to be adjudged invalid, as of the Government. It ·interferes with the obligations of the com- being above the power and beyond the scope of legislative authority. (People VII. Westchester, 4 Barbour, page 75.) panies; it diminishes the value of the stock of the parties who have invested in them. The rights of the companies are jeopardized, be- That was where in the State of New Yo~k there was no provision cause the law devolves upon them the duty of keeping their rolling- in its constitution relating to vested rights or relating to the obliga- stock and tracks in order. This law imposes upon them an obligation tion of contracts. which, if first performed, will render it impossjble for the companies In Fletcher vs. Peck, 6 Cranch, 133, Chief Justice :Marshall said: 'l. - • · to discharge that duty and retain their franchises. It is easy to im- Where, then, a law is in its nature a. contract- pose upon them an obligation which it will be impossible for them to perform in this regard. This law diminishes the security not only of Here there can be no doubt about this being a contract, for the the stockholders, but of the first bondholders. It impairs their rights Supreme Court has said there was a contract. By no act of the leg- and powers because it diminishes the value of the ultimate security islative authority, and certain]y by no act of the judicial authority, for their payment. can these companies be compelled to pay interest before the maturity I say, therefore, that the bill interferes with vested rights; it of the bonds. changes the time of the payment of the debt, so that it becomes due Where, then, a law is in its nature a contract, when absolute rights have vested presently when it is not really due until the year 1900. It destroys under that contractl a repeal of the law ca.unot divest those rights, and the act of the obligation of the contracts mafle with the companies and the annulling i}lemt if egitimate, is rendered so by a power applicable to the case of evocy individna..L in the community. original corporators of the company. The question which now pre- It may well be doubted whether the nature of society and of government does not sents itself is, has Congress the power to enact such legislation; if so, prescribe some limits to the legislative power, and if any be prescribed where are if Congress professes power, whence has it derived it f I say in the they to be found, if the property of an individual, fairly and honestly acquired, may be seized without coml?ensation. first place that you cannot derive it from the general powers granted To theLe~atnre alllegl.Slativepower is granted, but the question whether the to Congress for purposes of legislation; and it might be well to con- act of tran rerring the property of an individual to the public be in the nature of a. . aider at this point this principal provision of the Constitution upon legislative power is well worthy of serious reflection. this subject. We only have. the ~ant of legislative power that is - !tis the peculiar province of the Legislature to prescribe general rules for the gov- ernment of society; the applir.ation of these rules to individuala in society would contained in our Constitution, which is that the legislative powers seem to be the duty of other de:partmenta. How far the power of giving the law herein granted shall be exercised by the Congress of the United may involve every other power m cases where the Constitution is silent never has States. bOOn and :perhaps never can be definitely stated. B11t supposing there was no limitation or restriction upon the ie~is­ The validity of this rescinding act, then, might well be doubted, were Georgia a single, sovereJ.gn power. . lative power; even in that case, I ask you, can yon impair the oDli- gation of contracts or destroy vested rights f It is very apparent That related to the St-ate of Georgia, where there was no provision that it cannot be done, because, in the first place, it is beyond the in its constitution in reference to the obligation of contracts, where province of legislative power. The legislative power is not to deal they had all the legislative power that any Legislature could exercise with private individuals or private rights or pieces of property. It in the just order of civilized society. deals with general obligations, general duties, Aid general rights. I say, then, that if there were no provision in the Constitution of Then the application of these in their generality to individual cases the United States upon the subject, that what has been proposed by is reserved to the judicial power of the country. In the next place, the bill introduced by my colleague from Ohio [Mr. LA.WRENOE] could I say that the legislative power cannot be so exercised, becali.Be in face of all the precedents and of all the authorities I defy the gen- tleman to cite one where the individual rights, or the value of prop- erty acquired by the individual haa been permitted to be taken not be sustained upon principle, for it is beyond common right and without the sphere of legitimate legislative authority. It impairs vested rights; it affects the value of property actually and honestly acquired. In doing that it denies that underlying principle, as Mr. • away by legislative authority without just compensation. Story calls it, which protects the righta of personal liberty and pri- If it is your intention by legislative power to confiscate these vate property, and holds them aa sacred. roads, then let a tribunal be constituted to determine the value But is there anything in the Constitution of the United. States of the roads and of the stock held byindividals, and then let the Gov- which confers power upon the legislative authority to impair the ob- ernment take possession of the roads and run them. But if you intend ligation of contncts or to divest vested rights f There is only one simply to exercise your constitutional power and to carry out the instance in which it is provided for by that instmment; that is where ori_ginal contract, then I invite your attention to authorities upon this bankrupt laws are permittted to be passed. It has been held that pomt numerous and clear. In Taylor VB. Porter, 4 Hill, 140, it is said: there the power is absolute to affect the obligation of contracts and If there was not one word or qualification in the whole instrument, I should feel to divest vested rights. But I say that the Constitution of the great difficulty in bringing myself to the conclusion that the clause undor consid- United States creates a Government of limited powers, and the measure eration bad clothed the Legislature with despotic power; and such is the extent of and extent of those powers are to be found in the terms and phrases their authority, if they can take the property of A, either with or without com- pensation, ami give it to B. The legislative power of this State does not reach to of the ).imitation and the delegation. If it be in one caae expressJy such an unwarrantable extent. Neither life, liberty, nor property except when delegated that the obli~ation of contracts can be impa.ired, then I forfeited by crime, or when the latter is taken for public use, falls within the scope maintain the inevitable mference is that it was not intended, if yon of the power. give a strict construction to the Constitution that the obligation of The supreme court of South Carolina in 1792 set a-side an acto£ the contracts could be affected in anr other case. colonial legislature which took away the freehold of one man and Bnt we are not left without JUdicial authority upon that point. gave it to another without compensation, although the act waa not In Griffin vs. Wil~x, 21 Indiana, 370, it was held that Congress had proh,ibited by any express constitutional provision. They declared no power to pass a law depriving a person of ~right of action against the act to be void as being against common right. (Bowman VB. Mid- another who had arrested and imprisoned him without due process dleton, 1 Bay, 252.) of lawt upon the ground that a right of action was property of which In Briggs vs. Hubbard, 19 Vermont, 91, it was said: he coUld not be deprived by the legislative authority. Every law that takes away or impairs rights vested agreeably to existing laws In Hubbard vs. Brainerd, 35 Connecticut, 563, it was deci(led that is _retrospective; to say the 1east of such 1aws, they are generally unjUBt, and Congress could not take away a vested right to sue for and recover ne1ther aooord with sound legislation nor the fundamental principles of the social back an illegal tax which had been paid under protest to a collector compact. of the national revenue. In Rich vs. Flanders, 39 New Hampshire, 335, it is said: In Kentucky the same doctrine was held as to the power of Con- And Kent, in his COIJlmenta.ries, as we have before seen, states that a retrospect- gress in Norris vs. Donivan, 4 Metcalf, 355. See also Cooley's Con- ive statute affecting and changing vested rights "is very generally considered in stitutional Limitations, 362, 645. • 4458 CONGRESSIONAL ,RECORD-HOUSE. JULY 7, In Duer on Constitutional Jurisprudence, page 357, the distin- the common Jaw, derived from the history of con~ressionallegisla­ guished author says : tion. When used in the law, it has the same sigmficance as before. A similar restriction with regard to the bills of attainder and ex posto facto lA.ws What did it mean before f It meant that the legislative authority is imposed by the Constitution on Congress as well as upon the State Legislatures; could alter, amend, or repeal so as not to divest vested rights or im- but not with regard to laws impairing the obligation of contracts, which are also pair the obligation of contracts. Over and o-ver and over a$ain this retrospective in -their operations. and e be extracted is this that when under power in a charter rights have pensation whibh the Constitution provides for in such cases. been acquired and become vest;!, no amendment or alteration of the charter can take away the property or ri_ghts which have become vested under a legitimate ex· . I maintain, then, that neither in a general grant of legislative ercise of the powers granted. power, nor in the particular provisions of the Constitution, ·can any- thing be found that justifies the measure which has been proposed This decision was made when by the general statute of the State of by the gentleman from Ohio. But he seeks to argue that by reason Maine it was provided that " all acts of incorporation are passed of the terms of this contract, by reason of the provisions of the orig- subject to amendment, alteration, or repeal, at the pleasure of the inal law incorporating these companies, Congress may exercise this Legislature." powe.r ; and he puts it upon two grounds: first, that there is a pro- In Curran vs. Arkansas, 15 Howard, 5104, the Supreme Court say: vision in the original act de.claringthat at least 5 per cent. of the net We do not consider. therefore, that the power of the State to repeal this charter earnings of the roads shall be appropriated for the payment of thil:! enables the State to pass a law impairing the obligation of its contracts. . debt, and~ secondly, that there is reserved. a power "to alter, amend, I defy the gentlfman, with all his research, to produce a single au- or repeal.' thority anywhere in which a doctrine contrary to this has been held. • Now, I ask attention for a moment to the first argument. It is really one of the most extraordinary proposit.ions I have ever heard maintained, that'a, provision incorporated into the contract manifestly for the benefit of the debtor shoul!l be construed into giving abso- In a very able case decided in 15 Monroe's Law and Equity Reports, page 357, the syllabns is this-1 will not detain the House by reatl- ing the whole of the opinion : A reservation by the Legislature in a charter to alter, .reJ?eal, or amen1l does not lute power to the creditor. Suppose in a contract between individ- imply the power to alter or change the vested rights acqmred by the corporatot-s uals it should be stipnlated that at least 5 per cent. shonld be paid under the chart~r, and to add new parties and managers without the con">entof the corporators. each year upon a particular debt, does that give power to the cred- itor to make it 10 per cent. or 50 per cent. at his discretion t No, sir; The discussion is very fnll and elaborate. I quote hriefly from the it is a provision for the benefit of the debtor, that be shall pay at opinion: least 5 per cent. and at his discretion as much more as he can. So .And the question is, had the Legislature power, 'under there. ervecl right iu tile that the provision in regard to 5 per cent., instead of being a provis- original charter, to alter, amend, or repeal the act incorporatin,g the truRtePs, to asRume to themselves, against the will and consent of the board of trustees. the very ion out of which can be drawn these enlarged powers by which these privilege which they had granted to the trustees. There can b no rloubt that, companies can be swallowed up by act of legislation, is a limitation without the reservation con tainevernment under the acts aforesaid, up to and including the 31st day of Do. :g~ent, to be found maintaining tb,e contrary proposition. If, therefore, camber, 1875, which, if not amounting at said date to the awn of $1,000,000, shall be we are without any authority in the very nature of legislative power, if made up by the respective companies to that sum. without any authority by reason of the express grants to Congress by cifi.c SEc. 2. That the said Central Pacific Railroad Company and the said Union Pa. Railroad Company shall each pay into the Treasury of the United States the the Constitution of the United States, if without any authority under sum. of e750,000 per annum in equal semi-annual installments on the 1st day of the provisions of this contract, entered into between these companies April and October in each year, commencing on the 1st day of October, 1876, either and the General Government, as expressed in the laws of 1862 and iD lawful money or in ~y bonds or securities of the United States Government at 1864, I ask the House to hesitate before it passes this bill. par until such sums shall, with interest thereon as hereinafter provided, be s~fii.. cient, when added to the other sums to the credit of said sinking fund, to pay off I heard this afternoon, w bile the matter was under discussion, a dis- and extinguish the balance of the claim for the Gi>vernment bOnds advanced as tinguished gentleman say, in conversation with some one of his fellow- aforesaid, with 6 per cent. interest thereon from their respective dates. Interest members, as a reaaon why a certain vote should be passed as to the on all sums plaood to the credit of said sinking fund shall be credited and added order of business for this day, that this bill should be considered: be- if thereto semi-annually at the rate of 6 per cent. per annwn: Prol'ided, howeoer, That the foreaoing provisions shall prove insufficient to extinguish the balance of the cause they meant to compel the railroads to pay what they owed to claim of the Government aforesaid by the 1st day of October in the year 1910, the the Government. I felt like inquiring whether he had examined the semi-annual payments shall be increased to such a swn as will be su.ffi:cient for that question. I felt like asking the gentleman to point to the number of purpose. SEc. 3. That the payments so to be made by said companies shall be in lieu of all dollars the companies owed the Government. Has not the Supreme payments or other requirement-s from said companies under said a.o~ and the Court held that they do not owe the interest until the principal ma- amendments thereto, in relation to the re-imbursement to the Government of the tures T Does not the. contract, the bond, declare that the principal is bonds so issued to said corporations : Provided, how~:Ver. Tha~ until the claims of not due until the time fixed by the terms of the bond (nearly twenty the Government for said bonds and interest are fuJlypaid, said companies shall not in any manner be released from their present liabilities to keep the !laid railroads years) shall have been reached Y Money due! You can say to-day and telegraph lines, constructed under the acts of Congress aforesaid, in repair and you will enforce the provisions of the law for protecting the security use, and to transmit dispatches over said telegraph lines, and transport mails. ti·oops, .. 1)- which the law ha.s contemplated and provided for; but I a>Sk whether munitions of war, supplies, and public stores upon said railroad for the Govern- you can go further without the consent of the companies themselvesf ment, whenever requi':red to do so by any Department thereof, at fair and reason- Mr. Speaker, this is a higher question than the mere question of able rates of compensation; the whole amount of which shall, upon the compliance by the companies with the provisions hereof, be paid by the Government to said compelling railroad companies to pay debts. It reaches into the <'Ompanies On the adjustment of the accounti therefor; and that the Government sphere of governmental obligation and governmental duties to the shall at all timas have the preference in the use of the same for all the purposes grand principles of free government and fair dealing by the Govern- kind aforesaid; said rates not to exceed the amounts paid by ptivate parties for the same of service : And provided ahJo, That all Gi>vernment freight and tra.nspilrtn.- ment toward its citizens. I have seen too much disposition to aban- tion destined for points between the Mis.souri River and the Pacific coast, and on don the promises and pledges of the Government; I have seen too the Pacific coast, shall be sent by the said railroads until the aforesaid claims of much disposition to say law shall be repealed to the destruction of the Government on account of bonds advanced to the companies are fully paid and vested rights and impairment of contract obligations, and I trust at satisfied; and that. until the aforesaid claims of the Government are satisfied, no discrimination shall be made against said companies in the rates of compensation least this side of the Honse will not embark in measures and schemes for the caiTiage of the United States mails. that sooner or later will involve the Government in dishonor and . SEc, 4. That the mortgage of the Gi>vernment created by the fifth section of the broken credit. act of .July 1, 1862, amended by th'b act of .July 2, 1864, shall not be in any way The contract may be a bad one. It may be true, as the gentleman impaired or released by the operations of this act unless or until the obligations of said companies, respectively, to the Government under said section 5 are, in ac- from Ohio [Mr. LAWRENCEl remarked, that even if we pass his bill cordance with the provisions of this act or otherwise, fully and perfectly per- it will give $100,000,000 to these companies. It may be true that the formed; but said mortgage shall remain in full force and virtue, and, upon the fail- companies will make two or three hundred millions of dollars or ure of said companies to perform the obligations imposed upon them by this act, md're. But the gentleman is more responsible for that than I am. said mortgage shall be enforced as if this a.ot had not been passed; the Govern- men~ however, duly crediting and allowing to the respective com:panies UJ?On said This is my :first session of Cong-ress. I was not here when the law mortgage all payments which may have been made in part execution of this act. was paased; nor were my political friends in a majority in this Hous~ SEC. 5. That each of said companies shall be entitJed at any time, whenever its when it wa.s passed. Even if the gentleman and his friends made financial condition will allow, to pay to the Gi>vernmen~ in lieu of the semi-annual for in section 2 of this a.ot, which may then remain to be made bad contracts and passed laws pledging the credit of the Govern- · before theprovided payments full payment and extinguishment of the ba!ll.nce of the Govemment ment, on the faith of which the capitalists of the world have in- claims as aforesaid, the then present value of all such future semi-annual pay- vested vast sums of money, it is our duty to see the contracts enforced ments, computed according to an interest-rate of 6 per cent. per annum ; and and tho honest obligations of the Government liquidated. It may upon such payment of the present value the said balariceof the Gi>vernm.entclaim shall be discharged without further semi-annual payments. And each of said com- have been unwise legislation. I had occasion to say I regretted it, at panies shall also be entitled, at any time, to commute at the same rate any of said the time it passed. But then here are the rights aP,d duties and ob- semi-annual payments herein provided for by the payment of a specific sum equal ligations of the Government, and I say the honor oi this great coun- to the then present value of such of said semi-annual payments so desired to be com- try requires that they shall be regarded. muted, but the sum so paid shall not be less than $1,000,000 at any one time. SEc. 6. That so much of the proviso to section 3 of the act of .July 1, 1862, as To-day there was ·handed to me a bill which represents the views reads as follows, "And all such lands so granted by this section which shall not be of both of these companies upon the questions involved, and H pre- sold or disposed of by said company within three years after the entire road shall sents a proposition to the Congress of the United States for the settle- have been completed shall be subject to settlement and pre-emption, like other ment of this matter. I may say here that the gentleman from Ohio the lands, at a price not exceeding: 1.25 per acre, to be paid to said company," be, and same is hereby, repealed: Pr01Jided., lwweTJer, That said lands shall not be sold by [Mr. LAWRENCE] has read an extract from a letter written by the said companies at prices exceeding an average of $2.50 pey acre, and that said com- president of the Pacific Railroad Company to indicate that he had no panies shall applyfor and take out patents for the landsasfastastheyarerequired disposition or inclination to have a settlement of this claim. On the for settlement and sale ; and until said lands are patented they shall not be subject contrary, I believe the letter was written with the object of obtain- toSEc. local ta~ation under State, territorial, or municipal authority. 7. That if this act shall be accepted by the said companies within four months ing a settlement, because the interest of the companies, as well as the from the date of its passage by votes of the directors and stockholders at r egular interest of the Government, requires that something shall be done so meetings duly called, the same shall be deemed and construed. to be a final settle- that this debt shall ultimately be discharged. ment between the Government and the company or companies so acceptihg the The provisions of this bill I have not examined. I am not prepared same; such a.oceptaiJ.ce to be filed with the Secretary of the Treasury. SEc. 8. Thatalla.ots and parts of acts inconsistent with this act are hereby repealed. to commit myself to the advocacy of one of them ; but believing that it has been drawn with an honest purpose and intention that some Mr. HURD. It,seems to me that this matter is of sufficient im- agreement may be reached, I submit it that it may be read. I send portance to justify the House in holding that this measure which has this bill to the desk and ask the Clerk to read it. just been read be printed, and that there be a delay in the :final vote • it Mr. LAWRENCE. I understand the gentleman does not indorse upon the bill until it has been printed and laid upon the tables of himself. members, so that we may be informed of its provisions. I desire to Mr. HURD. I desire to offer it as a substitute. make that motion, if it be in order. Mr. LAWRENCE. Do you indorse it yourself T :Mr. LAWRENCE. It is not in order. That is not in a-ccordance Mr. HURD. No, sir. I desire to have 1t printed and to have it con- with the arrangement which was made yesterday. The arrangement sidered by the House. I introduce it by request, and I do not commit was that after two hours' debate the previous question should be myself to any of its provisions. Mter a thorough study of it, I may. called. The gentleman of course can offer that as a substitute; But The Clerk read the bill, as follows : the order of the House last evening was that there should be two A bill to create a sinking fund for the liquidation of the Government bonds ad- hours for discussion and that then the previous question should be vanced to the Central Paciftc Railroad Company of California and the Western called. The gentleman will have the right to offer an amendment, Pacific Railroad Company, and to the Union Padfio Railroad Company, under but it is not in order yet. The motion to reconsider is now pending. and in pursuance of the act of Congress entitled "An act to aid in the construc- tion of a railroad and telegraph line from the Missouri River to the Pacific I will indicate when the amendment will be in order. Ocean1 and to secure to th~ Government the use of the same for postal, military, 1\Ir. HURD. I was not here last evening, and was not aware what and otner purposes," approved July 1, 1862, and the acts amendin(J' the same or was the order made by the House. I desire to have this bill printed supplemental thereto, and for the settlement of the claim of the GOvernment on before the final vote is taken on the passage of the bill reported by account of said bonds. Be it enacted by the Senate ana HouseojRepresentati ~ofthe United States of A mer- .the gentleman from Ohio, [Mr. LAWRENCE.] ' Wain Oongress assembled, That for the purpose of liquidating the c1aim of the Gov- Mr. TOWNSEND, of New York. I desire to ask a question of the ernment en account of the bonds advanced under said act of July 1, 1862, and the gentleman from Ohio, [Mr. HURD.] Are there any sanctjons in hiB ., . 4460 CONGRESSIONAL RECORD-HOUSE. JuLY 7, bill by which the Government can enforce its provisions if the rail- the Central Branch Union Pacific Railroad Company, $22,200; and by the Sioux road companies shall not choose to accept them Y City and Pacific Railroad Company, 120,723, until the bonds issued to said com- panies respectively, and the'interest thereon, shall be fully paid. And said several Mr. HURD. The gentleman speaks of it as being my bill. It was companies shall owe and be indebted to the United States in the several sums re- handed to me to-day as a. proposition which the railroad companies quired to be by them respectively paid as aforesaid. And any company may pay would accept. any sum herein required to be paid in bonds, Treasury not~. or other evidences o£ Mr. LAWRENCE. I think they would. debt against the United States, to be allowed at par. The total sum re!luired to be paid by any company in any one year by virtue of Mr. HURD. I have not read it all through. I have not considered thia aot, and including said 5 per cent. of net earnings and said compensation fur all its provisions, and am unable to say what it does contain. services as now required by law, shall not exceed the several sums following, to The SPEAKER p1·o tempore. What is the proposition of the gen- wit: By the Central PMific Ra.ilroad Company, on ita own ooconnt, $1,861,484, ana tleman from Ohio f on accouut of the Western Paoifl.o Railroad Company1 $133,588; the Union Pacific Railroad Company, $1,989,462; the Kansas Pacific Railway Company, $489,034; the Mr. HURD. I desire to make some proposition which shall be in Central Branch Union Pacific Railroad Company, 1124,856; and the Sioux City and order. The motion that I endeavored to make was that this sno!!ti- Pacific Railroad Company, il16,050. tnte be printed and laid on the tables of members before the final vote shall be taken on the bill of the gentleman from Ohio, [Mr. Mr. LAWRENCE. I now ask the previous questjon on the bill and LAWRENCE.] the amendment. The SPEAKER pro tentpore. After tbe question of reconsideration The SPEAKER prQ tempore. Does the gentleman admit the substi- is disposed of, the gentleman from Ohio [Mr. HURD] can offer a sub- tut.e offered by the gentleman from Ohio, [Mr. HURD f] stitute, and may ask to have it printed and move a postponement. · Mr. LAWRENCE. Does mycolleague on the Judiciary Committee But the first question in order is the privileged question on the mo- desire to offer that substitute for the bill f If he desires it, I have no tion to reconsider. . objection to a vote being taken upon it. Mr. CROUNSE. What is the attitude of that paper or bill which The SPEAKER pro tentpm·e. Does the gentleman from Ohio desi.J.·e has been read at the Clerk's desk f to offer the substitute which he .had read for this bill T The SPEAKER pro tempore. It has only been read for information Mr. HURD. The substitute has not been printed and it cannot be as part of the remarks of the gentleman from Ohio, [Mr. HuRD.] fully understood by the Honse, and therefore I will not press it to a. Mr. CROUNSE. It seems that nobody is willing to assume the pa- vote. · ternity of it. The question was put upon seconding the previous question; and The SPEAKER pro tentpore. The gentleman from Ohio desires to on a division there were-ayes 103, noes 2. ba1 e it printed, and says he proposes to offer it as a substitute for Mr. LANE. I call the attention of the Chair to the fact that no the pending bill. · That will be assuming the paternity of it. quorum has voted. .Mr. LAWRENCE. I now ask for a vote on the motion to reconsider The SPEAKER pro tempore. The Chair, then, must appoint tellers . the vote by which the bill was recommitted. Mr. LAWRENCE. I hope no further count will be insisted on; it The SPEAKER pro tempore. The Chair will state the quest.i.on. will only consume the time of the Honse. The question before the Honse is, Will the Honse reconsider the vote Mr. LANE. I insist upon a further count. by which the pending bill was reoommitte(l to the Committee on the Tellers were ordered; and Mr. LAWRENCE and Mr. LANE were ap- Judiciary! pointed. The question being taken, it was decided in the affirmative; and the The Honse divided; and the tellers reported-ayes 130, noes 17. vote wa.s reconsidered. So the previous question was seconded. The main question was The SPEAKER pro tentpm·e. The question is now upon the recom- then ordered to be put. mitment of the bill. Mr. LAWRENCE. I am now entitled to one hour to close the de- T?e question being taken, there wer&-ayes 29, noes 79; no quorum bate, and I will yield to my colleague on the committee from Vir- voting. ginia [.Mr. HUNToN] for such time as he desires. How long does the . . Tellers were. ordered; and Mr. HURD and Mr. LAWRENCE were ap- gentleman require f . pointed. · Mr. HUNTON. Just as long as[on choose. Mr. SPRINGER. I ask unanimous consent to have my name re- Mr. LAWRENCE. Very well; yield absolutely to the gentleman. corded on the last roll-call. I came in a moment too late to vote on Mr. HUN'fON. Mr. Speaker, the magnitude of the interests ·in- the question of taking up this bill. I vote "ay." volved and the delicate and complicated relations between the Gov- Mr. BURCHARD, of Illinois. The rule positively prohibits a. vote ernment and the Pacific Railroad companies, constitute my excuse being added to the roll-call after it is completed. for trespassing on the time of the House. The SPEAKER pro tempore. The gentleman from Illinois asks By the act aproved July 1, 1862, the Union Pacific Railroad Com- unanimous consent to have his name recorded. pany was incorporated for the purpose of constructing a railroad and Mr. TOWNSEND, of New York. I object. telegraph line from the hundredth meridian west longitude in Ne- _ The question being on the recommitment of the bill, the Honse braska to the western boundary of Nevada. By the same act the again divided; and the tellers reported-ayes 36, noes 111. Central Pacific Railroad Company, incorporated under the laws of So the Honse refused to recommit the bill. California, was also authorized to construct similar lines from San The SPEAKER pro tentpm·e. The bill is now before the Honse for Francisco to the eastern boundary of California, connecting with tho action. Union Pacific line at that point. Mr. LAWRENCE. The fourth section of the bill was drawn with To enable these companies to construct their lines, the United a. view .to requiring the ~st payment to be made on the 1st day of States Government granted to them in said act five alternate sections J nly this year. As that time has pa-ssed, I have changed the dates in of public lands on each side of said roads and within the limits of the fourth section so as to make the payments commence on the 1st ten miles. of January next. I move to strike out section 4, and to insert in lien It was provided further that upon the completion of each fortv thereof the section M I have changed it and which I seri.d to the desk. miles (afterward reduced to twenty) the Government shonld issue tO The Cle1·k read as follows : the said companies 16;000 per mile in Government 6 per cent. bonds, payable in thirty years, to be secured to the Government by the firRt SEC: 4. That it shall be the duty of the severa;l ra~ad companies to which bonds lien on the roads. This sum of '16,000 per mile was to be increased to we!e 1ssued under any of the several acts of which this act is amendatory to provide a. smking fund for the payment, according to law, of tl.te interest and principal of $48,000 for three hundred miles across the mOlmtains, and to $3,200 such bonds, and for re-1mbnrsing the United States for such sums as have been and for one hundred and fifty miles between the Rocky Mountains aml may.from time to ~o be, advanced an~ paid by the United States upon such bonds Sierra. Nevada Mountains. ~ an(t mterest, and which may not be re-liDbursed from compensation for services as In consideration of this munificent generosity of the GoverumPnt now Pl'?~ded by la.:Wt ·~nd from 5 per cent. o! net earnings. And for tho purpose of provtdmg such smJOng fuml smd compames shall severally be required to pay these companies were bound to pa.y the bond1:1 at maturity, keep their into the Treasury of the United States, in addition to the said compensation for lines in repair, and at all times transport mail~:~, troops, and muni- services. and 5 Jiler ceD;t. of net earnings, the following annual installments, to wit: tions of war, supplies, public stores, and transmit dispatches when- The Umon Pacific Railroad Company shall, during the period of ten years from and after thelst day of .January, 1877, inclusive, pay annually UU:o the Treasury of the eyer required to do so by the Government, the compensation for such United States ~e sum of _750,000, to be paid f bonds 1ssned to sru.d company, together with interest, almll havo been By subsequent provisions of the act, the Kansas Pacific, the We t- fully paul.: one-balf of each annual mstallment to be paid on the 1st of J"anuary ern Pacific, the Central branch, Union Pacific, ancl the Sioux City an«l and th~o~ner half on the 1st of .July. .And the said Central Pacific R-ailroad Com: Pacific Railroad Companies were authorized to be constructed and pany, on Ita own account and on account of theWestern Pacific Railroad Company extended as branches of the two main lines on the same terms. sbafi, during the period of ten years from and after the 1st dav of .January 1877' pay annually into the Treasury of the United States the sumof$568,210, to paid one; half on January 1 and the other half on July 1 in each of said years. And be Congress reserved iii this act a modified right to amend, alter, or repeal the said act. durmg each l;lDd ,every year1 comm~ncing with tJI.e expiration of said period of ten But this generosity did not satisfy the parties who designed to take ·years, the sru.d Uentral Pamtl.o Railroad Company shall pay into the Treasury of hold of the pro-visions of this act and who were naii)ed as corpora- the United States the sum of $760,330, until the whole amount of bonds issueil to said company, together with interest, shall have been paid one-half of each annual tors in the act. They did not begin to build these roads under this ~nstallment ;to be paid on tho 1st day: ~f Januar:y al!d the ether half o~ theist day of law and came before Congress asking further and additional aid. July: Prmnded, That the sums paul mto the smking fund under thlB act shall ap- The act of Jnly 2, 1864, WRB paased. By it the land grants wm·e ply firs~ to the extinguishment of interest and the balance to the principal of the doubled. The amount to be retained by the Government. for its trans- aforesaid bonds. And there shall be paid into the Treasury on Mconnt of said Rin king fund, annually, one-half on the 1st da.v of Jan nary and the othe1· half on the portation of supplies, troops, &c., was reduced one-half. The com- 1st day of July in each year, by the Kansas Pacific Railway Company, $87,327; by panies were an~horized to issue their own bonds to the s::~.me amount 1876. CONGRESSIONAL RECORD-HOUSE. 4461 that bonds of the Government were issued, and these bonds of the But tl1ese companies h..we taken the ground that they are not bound companies, debts preferred before those of the Government by a first to pay and will not pay the interest on the subsidy bonds until they mortgage. The only benefit which waa secured to. the Government mature-thirty years from their date. by the act of 1864 was the unconditional right to alter, amend, or '!'his position taken by the companies was considered a breach of repeal. · faith with the Government and a poor return for ita generosity lav- These companies at once commenced operations and before the time ishen upon it with an open hand. Bnt the Supreme Court of the provided had completed their roads. United States tlas sustained this position, and by existing laws the Under these two laws the various companies became entitled to Government is powerless to collect this interest which it has t.o pay 39,931,766 acres of land, as follows: semi-annually for thirty years. Acres. .A}no~~ of subsidy bonds~ above................................... $64, 623, 512 Union Pacific .......................................................... 12,000,000 S1mple mterest for about thirty years................................ 114, 3~ 300 Central Pacific, including late Western Pacific, now consolidated. •. . .• 9, 100,000 Kansas Pacific......................................................... 6, ooo, ooo Principal and interest at maturity...... . .. . .. . . . • . • . .. . .. . . .. .. 178, 945, 812 Denver Pacific......................................................... 1, 100, 000 Central branch. Union Pacific ........................ :................. 245,166 The interest upon th~se ·bonds bas to be paid semi-annually, and if Eurlin~n and Missouri River, in Nebraska........................... 2, 441,600 Sioux City and Pacific........................................ . .. . .. .. .. 45, 000 it is ever re-imbursed fully the interest so paid should "become an in- terest-bearing sum, and at the maturity of the, bonds they would owe Tot.al. ............................................................ 30, 931, 766 the Government $380,736,083.79 by compounding the interest. Tbese.ftgures are from approximate estimates merely, the adjustment of the grants Dut by tho decision of the Supreme Court the Government can only not having been so nearly completed as to j nstify an attempt to state aooo.rately the receive at maturity the principal and simple interest under existing amount of lands inuring to each. laws. It may be that Congress does not possess the power to change 2. Of these lands the following amounts have been patented to the respective the law in this particular; certain it is thatno such change is at- companies: Act·es. tempted in the bill of the committee. Union Pacific .......·........... .. . . .. . • .. .. .. • • .. .. • • . . . .. .. .. . . . .. .. 1, 625, 402. 28 At the maturity of these bonds there will then be due from the Central Pacific, including the Western Pacific, consolidated.......... 764, 607.74 companies to the Government the sum of 178,945,812, diminished by ]{ansaa Pacific .................................. ~...... . ............. 516,555.19 the credit of one-half of the compensation due from the Govern- Denver Pacific....................................................... 49,811.59 Uentralllranch, Union Pacific........................................ 186,453.28 ment for transportation of troops, supplies, &c., and by 5 percent. on Burlington and Missouri River ........................................ 2, 374, 749. 92 the net earnings ; leaving at maturity at least the sum of $150,000,000 Sioux City and Pacific..................... .. .. . . .. . . . . .. .. .. . .. .. . . . 40, 196. 64 dne from them to the Government. - Total ...... : .................................................... 5,556, 776.64 It is the duty of Congress to provide for the payment of that sum at that time by appropriate legislation. They have received from the Government bo:o.ds to the amount of If we act the part of unfaithful public servants and take-no action $64,623,512, as follows : to provide the means to pay this enormous debt, it is almost certain these companies will take none, and at the time it falls due it will Name of railway. Authorizing acts. :Rate of Principal be impossible for them to pay this debt and interest. Their first- interest. outstanding. mortgage bonds have priority over the subsidy bonds. They amount to the same sum as the subsidy bonds, $64,623,512. If a sale is made Percent. under this first mortgage no private person or corporation could pnr- Central Pacific ................... . July 1, 1862, and 6 $25, 885, 120 00 c_hase so large and valuable a property at what is due on first-mort- JUly 2, 1864. gage bonds. The Government must then become the purchaser and Kansa.s Pacific ..•..•..... : .•...•.. July 1, 1862, and 6 6, 303, 000 00 pay off the first mortgage or lose the amount of tp.e subsidy bonds, J illy 2, 1864. Union Pac.i.fl.e .................... . Jnly1,1862, and 6 27, 236, 512 00 both principal and interest. JUly 2, 1864. The first alternative is forbidden by wise statesmanship; for no one Central branch, Union Pacific ..... July f, 1862, and 6 1, 600, 000 00 could advise the Government to become the owner of these va8t cor- JUly 2, 1864. porate franchises, the operations of which would not be profitable Western Pacific ................. .. July 1,1862, a.n.d 6 1, 970, 560 00 J nly 2, 1864. and would develop fraud and corruption which woulddwarftheoper- Sioux City and Pacific ........... .. July 1, 1862, and 6 1, 628, 320 00 ations of the Credit Mobilier. It is plain that something must be JUly 2, 1864. done at once to protect the Government from a loss of $150,000,000. Total...... .. .. .. • • .. .. • .. .. . . .. .. .. .. . .. .. .. .. . .. .. .. . . .. . 64, 6;23, 512 00 We shall be criminal if no effort is made to save a sum so lar~e to the Government. The people, already overburdened with taxation, will not excuse us if they have to pay additional taxes to meet this vast Bonds payable thirty years from date; interest payable January and July. sum lost to the Government by onr most culpable neglect. On these subsidy bonds, amounting to $64,623,512, the Government Let it be our endeavor to make no unjust or harsh law against these has already paid 30,141,513 in interest, and owes for interest accrued corporations, on the one hand, ~nd, on the other, to enact some pro- and not yet paid to March, 1876, 646,235. These roads were com- vision which will secure to the Government at the maturity of the pleted, or most of them were, about the middle of the year 1869, and bonds at least the aggregate of the sums paid by it semi-annually in have been running ever since. Their incomes have been very large. interest, and thereafter pay the interest as it shall fall due, and gradu- By a report of the Secretary of the Interior, dated January 18, 1816, ally bnt surely extinguish the principal. I would in this way deal the net earnings of these ro~s for 1875 were as follows : liberally by these companies, although they are not entitled to much UnionPaclfic ........................................................ t6,148,365 67 forbearance at our hands. Centra], Pacific ............................. ~.................... ..... 8, 0~ I, 498 13 . It was supposed that these companies thus generously dealt with Kansaa Pacific...... .. . .. • .. .. • • .. .. .. .. .. .. .. .. .. . . .. .. .. . .. . . .. .. . 1, 212, 722 63 by the Government, with a property in their hands practically given Sioux City and Pacific .. .. .. .. .. .. .. .. .. .. .. .. .. .. • .. .. .. • .. .. . . . .. . 210, 220 66 them by the Government and of immense value, would have proceed- These figures show that these companies are receiving very large ed to build their roads jn the most judicious, economical, and 'honest sums of money annually ont of which they could pay the semi-annual manner. But the contrary was the fact. The frauds and cheats of interest on the subsidy bonds, bnt they have instead disposed of the these companies have 'made the country blush with shame. Some· of net earnings in dividends and left the Government to pay this interest. them are enumerated in the following extracts from the Wilson Credit · To illustrate their ability to pay this interest, we will take as an Mobilier report on the Un~n Pacific, dated February 20, 1873: example the Union Pacific. Itssub~idybonds amount to$27,236,212. Congress relied for the performance of these ~eat trusts by the corporators upon One year's interest is $1,634,172, which could .certainly be paid out of . their sense of publio duty; upon the fact that they were to deal with and protect a large capital of their own, which the;ywere to pay min money; upon the presence of its net earnings of $6,148,365.67 and-leave a large surplus for repairs five directors appointed by the President especially to represent the public inter- and dividends. . ·· est, who were to own no stock; one of whom should be a member of every commit- It was expected that these companies would as soon as their net tee, st.andtng or s-pecial; upon commissioners to be appointed by the President, earnings justified it pay the semi-annual interest on the subsidy bonds who should exaDllDe antl rt>port upon the work as it progressed; in certain cases and to that extent relieve the Treasury of the Government which and, upon the certificat-e of the chief engineer, to be made upon his professional honor; lastly, upon the reservetl power to add to.J alter, amend, or repeal the act. had been so generous to them. Your committee find themselves constrainoo to report that the moneys borrowed The debates upon the passage of these bills show that the construc- by the corporation, under a. power given them, only to meet the necessities of the tion placed upon the bills was that the companies woul."J)emled vast sums of money in lobbying, and By standing still, therefore, the company has a load of debt accumulating, fo'r in carrying out their schemes generally they rode rough-shod over the people of which no provision is made, and the Government is drifting farther and ruther the Pacific coast, using every conceivable mode of oppression. These grave charges from the opportunity to secure a just return for its advances. To do nothing is to are substantially confirmed by the reluctant testimony of Richard Franchot and C. injure both the Government and the company, perhaps irretrievably to both. P. Huntington, given in the early part of ltf73 before the special committee of this House ap'(JOinted to investigate tbe operations of the Central Pacific. · It cannot be otherwise than eminently proper that this bill which House Executive Doomnent No. 127, first session Forty-fourth Congress. provides for a. sinking fund from each of the said companies, as fol- Act of 1862, section 6 ; act of 1864, section 10. In House Executive Document lows: No. 127. first session Forty-fourth-Congress, page12, the Government directors of the Union Pacific Company say, referring to the case recently decided by the Su- Union Pacific, first ten years............................................ i750, 000 preme Court: Union Pacific, afterward ................................................ 1, 000, 000 The company claims that the doctrine of this case evidently is that there is noth- Central Pacific, first ten years.... . . . • . . .. .. . . • . . . • . • • •.. • .. . . . • . .. • • . • . . 568, 210 ing doe to the Q.Qvernment from the company on account of either principal or in- Central Pacific, afterward ........ --··---·-··-·-·........................ 760,330 terest until the maturity of the subsidy bondS except one-half of such smn as the Kansas Pacific................................................... ...... .. 87,327 Q.Qvernment may create by its demands for transportatio~ and ' that, in fact, the Central Branch......................................................... 22,297 only mode of re-imbursement now provided by law, either before, at, or after the Sioux City.............................................................. 20,723 maturity of the bonds, is this one-half of Government transportation, which is made to be paid each year in semi-annual installments into the Treastrry by the tenth section of the act of July 2, 1864, to run so long in the future as there to be invested and compounded to pay the interest and principal of may be anything due to the Government, and even as against parties who may be- come pOssessed of the road under and by virtue of a forecfosure of the first mortgage these subsidy bonds, should pass, provided Congress has the power -claiming that any other construction leaves nothing for the amendment relative and the right to pass suoh a. law. to compensation for services rendered by the Government, contained in the fifth Has Congress the right to pass it f The net of 1862, section 18, pro- section of the said act, to operate upon. vides: This picture is too dark for further contemplation. There is a bet- S:&c. 18. That whenever it appears that the net earnings of the entire road and ter and purer view to take of it. We turn from their corruptions telegraph, including the amount allowed for services rendered for the United States, with loathing to contemplate the magnificent work constructed by afttlr deducting alf expenditures, including repairs, and the furnishing, runnintr. and managing of said road, shall exceed 10 percent. upon its cost, exclusi>e of the 5 the Government. And while the world will ,never be able to think per cent. to be paid to the United States, Congress may reduce the rates of fare there- of this great work without horror at the corruptions of its construct- on if unreasonable in amount, and may fix and establish the same by law. .A.n•l ors, yet it is a grand enterprise, greatly above anything of its kind the better to accomplish the object of this act, namely, to promote the public inter- in the world. Over twenty-seven hundred miles of continuous rail- est and welfare by the construction of said railroad and telegra.pb line and keeping the same in worklng order, and to secure to the Government at all times {but par- way, with connections measuring as much more, spanning a. conti- ticularly in time of war) the use and benefits of the same for postal, military, and nent, scaling mountains, furnishing a. rapid transmission of mails other purposes, Congress may at any time, having due regard for the rights of said and military stores, diminishing the costs of the Army, and binding companies named herein, add to, alter, amend, or repeal this :wt. remote sections of this Union together with an iron band. This is maintained to ·be, and I think is, only a modified right of re- This vast railroad line ought not to be crippled, and care should peal, alteration, and amendment, and can only be exercised under it 1876. CONGRESSIONAL RECORD-HOUSE. 4463 the better to promote·the public interest and welfare by the construc- the act of 1852, purp01:ting t{) a~tho.rize receiv6!'5 of mutual insuran«' companies tion of said railroads and telegraph lines and keeping the same in to make assessments, lS unconstitutional and v01d a-s to notes. given before the pas- sage of the ad, (as was the case with the note in suit.) The conclusive answer tQ working order, and to secure to the Government at all times (but the objection of unconstitutionality of the act is the power reserved to the Legis- especially in time of war) the use and benefit of the same for postal, lature to alter or repeal the charter. The obligation of the contract was that the military, and other purposes. maker of the note should pay his proportion of losses and expenses of the company . Under this reservation it is contended Congress would have no in prop?rtion to the a~ount of his premium note. The note was made payab~e at any time w?-en the directors should deem the same requisite for the payment of right to pass this law, which compels what was not provided for, the losses and inc1d~ntal expenses. (Chapter 43, section 6.) · original acts and the provisions of which do not come within the pur- It has been smd the assessment is not a judicial but a ministerial a-ct, and may pose~ for whi?h the right to alter and amend was reserved; but by as well be :performed by a rece.iver as by the directors. (14 Barbour, 373.) But whe~er this be s~ or not, the Legislature when they granted this charter reserved the su..-rth sectiOn of the act of 1862 these magnificent grants of lands the n~ht to alter 1t. * * * The Legislature exerci.Sed thia right by declaring and the loan of bonds were made- that when the assets of such corporation passed into the hands of a receiver he should Upon condition that said company shaU -pay said bonds at maturity, and shall cise of ~e make the assessment instead of the directors. This was a legitimate exer- reserved power. * " ~ Even if it increased the liability of the mem- kt>ep said railroad and telegraph line in reparrand use, and shall at all times trans- bers, as It does not, it would be valid. (10 Barbour, 2 60.) It need not be claime(l mit dispatches over ~d telegraph line, and transport mails, troops, and munitions to be without limit, or that it may be capriciously o~ wantonly exercised but it of war, supplies, and public stores upon said railroad for the Government, when- may be a~r!fied that it may be ~xercised ~ all cases and to any extent ever required to do so by any Department thereof, and that the Government shall u; carry at all times have the preference m the use of the same for all the purposes afore- o.ut the .ongma;l purposes of the _mcorporatio?J-, and to secure the due administra- ti~n of.J?-Stice ~ regard tQ the nghts of creditors of the corporation, and the proper said, (at fair and reasonable ra~ of compensation, not to exceed the amounts paid disposition of Its assets. (Northern Railroad Company vs. Miller, 10 Barbour, 282; by private parties for the same kind of service;) and all compensation for services Schenec~dyPlankRoad Companyvs. Thatcher, 1 Kernan, 102-115; Whitevs. S;yra- rendered for the Government shall be applied to the payment of said bonds and in- cuse Railroad, 14 Ba1·bour, 560; Troy Railroad vB. Kerr, 17 Barbour.) terest until thewholeamonnt is fully paid. Said company may also pay the United Assessments by receive1'8 have been sanctioned. (Bangs vs. Gray, 15 Barbour, Stat~, wholly or in part. in the same or other bonds, Treasury notes, or other evi- pa.ge 264, same case~ 2 Kernan, page 477; Hyde vs. Lynde, 4 Comstock, page 3d7; dences of debt against the ~nited States, to be allowed st par; and after said road Devendorf vs. Bearusley, 23 Barbour, pages 656, 666.) , is CO?Jpleted, ~til said bonds and interest are p~id, at least 5 per cent. of the net earnmgs of said road shall also be annually applied to the payment thereof. Worcester vs. Norwich Railroad Company, 109 1\Iassachusetts, 103. ·Now, if these grants were made on condition that these companies The statute of 1871 required five railroad companies to unite in a should pay these an bsidy bonds at maturity-and it is admitted that station ~n Worcest~r for th~ accommodati.on of the passenger trains this can only be done by providing the sinking fund of this bill-it of all said corporatiOns. Th1s would reqmre an exercise of the rii.J'ht wonld seem plain that Congress has the right under the act of .1862 of eminent domain by the corporations, and a large e:xpenditnr~ of to force the companies to what they admit is essential to a compli- money to extend the roa-ds and build a station. · The city of Worces- ance with this condition. To fail to do this would be alike injurious ter and some of the corporations petitioned the c,o urt for the appoint- and unjust to the Government and these companies. - ment of commissioners to determine the location of the station. The But the sixth section also provides that at least 5 per·cent. of the Norwich Railroad Company resisted. Chapman, chief justice, said: net earnings shall be annually applied to the payment of these sub- Proof is offered that to extend the several railroads named to a union passenger ~tation east of Gra~n street would make it necessary for each of them to exte.nd sidy bonds. Its tracks a. great distance, * * * and at a cost amounting in the aggregate to 'Vhen Congress provided that at least 5 per cent. should be so ap- several hundred thousand dolla-rs. * * * The validity of theactand of the pro- plied wa!J ~t not meant that Congress should es~ablish a 1.arger per- ceedings under it are denied. The petitioners contend that the act is valid under centage if It was necessary and could be taken Without serious detl'i- the provisions of the general statutes. (chapter 68, section 41 ) which are similar to prior statutes affecting all railroads that ha>e been chartered since March 11 1831 ment to tfte companies t Under this provision of the sixth section it and. subjecting them, to alteration, amendment, or repeal at the pleasure ~f th~ might be at least plausibly, and I think properly, maintained that Legislature. The court has repeatedly bad occasion to consider t,h e provisions of Congress has the ri{J'ht to increase the percentage at least to a sum !!J.~$eneral statutes referred to. (Fitchburg__ Railroad Company vs. GrandJunct,ion which, with the h~ compensation provided for elsewhere, would be .J:Uli.lroad, 4 Allen 198; Commonwealth vs. .J!;astern Railroad, 103 Massa-chusetts 254; Commonwealth vs. Essex Connty, 13 Gray, 239; Commissioners vs. Holyoke' equal to the semi-annual interest on·the subsidy bonds and make the 104 Massa()husetts, 446.) In conformity with these decisiona we think that the ad. applicat.ion at once to its payment. This would be better for the of 1871 is a. reasonable exercise of the right thus reserved to the LegislJtture. Government than the bill from the committee, and would make a Commonwealth vs. Eastern Railroad Company, 103 ·Massachusetts, difference of many millions of dollars against these companies, be- 254. . cause they would not have the benefit of the compounding feature The syllabus is: of this bill on ·the sums paid into the Treasury, . But the roads were not built under the law of 1862. To enable them A statute requiring a railroad corporation whose charter under the Revised .~tatutes, chapter 44, secti~m 23, (general statutes, chapter 68, section 41,) is sub- to build their roads the law of 1864 was passed, which doubled the Ject to amendment, alteration, or repeal at the pleasure of the Legislature to erect grants, &c., of the first law. The companies accepted this law. The a station-house at a _place on its road and cause trains to stop there is not in viola- only compensation to the Government in this law of 1864 is in the tion of the Constitution of the United States as impairin~r the obli;,.ation of a con- tract. · ~ .., twenty-second section of the law, which reserves the unconditional right to alter, amend, or repeal. Chapman, chief justice, said: It will be contended that this unconditional right to alter amend The defendants say that the act of 1868 violates the contract made with them by or repeal does not give to Congress the right to pa,ss this bill.• ' the Commonwealth, and requires them to expend their property for an assumed public use without compensation, contrary to the Constitution of the United States The question of the power which the Legislature has by the reserva- and of this State. t * * tion of this right ha-s frequently been before the courts of this conn- But the act is not subjected to such an objection. try. Fitchburgh Railroad Company VB. Grand Junction Railroad Com- The following cases it is thought will settle the law of this case: Miller vs. State, 15 Wallace, 478. pany, 4 Allen, 198. A railroad company was organized under a law authorizing its crea- The court held that a law was valid which required a railroad com- tion, with thirteen directors to be elected by stockholders. A subse- pany to make extensive changes in the level, grade, and connection of quent statute gave the city of Rochester, which had become a Its road. stockholder, power to 3:ppoint seven of the diJ;ectora, leaving the other In Wisconsin the authorities on this subject in that State are col- stockholders to elect six. The court held th1s was an authorized ex- lected in the great case of the Attorney-General vB. Railroad Com- ercise of power under a reservation in the law of a right to alter or panies, 35 Wisconsin, 570. In Kenosha Railroad vs. Marsh, 17 Wiscon- repeal. sin, 1:{, the court said of the reserved power to alter: Judge Clifford said of such charter: Undoub~dly the Legisla.tu~e ~ght, under thi.s power, iin:pose new duties and The reserved power may be exercised, and to almost any extent, to carry into N!rl.::::amts upon corporations m the prosecution of the enterprises already un- effect the original purpose of the grant, or to secure the due administration of its a~s .s~ as to protect the rights of stockholders and creditors, and for the proper Parker vs. Metropolitan Railroad Company, 109 Massachusetts, 506. dispos1tion of the assets. n was held that under a .power reserved to the Legislature to Holyoke County tB. Lyman, 15 Wallace, 52'2. amend, alter, or repeal a charter, the rates of toll prescribed in the Clifford, justice, in commenting on the reserved power to alter charter of a ferry company might be reduced by a subsequent statute. Morton, judge, said : al!lend, or repeal a charter, says : ' . T.he ,rese!-'Vation of power is broad and comprehensive. Whatever may be its . P~wer t? legislate, founded upon sue~ a reservation, is certainly not without a limitation, 1t at least reserves to the Legislature the right to make any reasonable limit, but 1t may be safely affirmed that It reserves to the Le!risla.ture the authority. a~endment .regulating the mode in which the franchise granted shall be used and to make any alteration or amendment in a charter granted su'bject to it that will not enJoyed, wh1ch do not ~efect or. essentially impair the object of the ~t, or take defeat or sub~tanti!lilY impair. the object of the grant, or any rights which have away any property or nghts w hlCh have become vested under a.legitilna.te exercise vested under It, which the Leg,.slature may deem necessary to secure either the ob- o~ t~e powers ~ted. (R-Qxbury "s. Boston Railroad, 6 Cushing, page 424; Com- ject of the grant or any other public right not expressly granted away by the char- lll188Ioners VB. Holyoke, 104 Massachusetts, page 446.) ter. Hy(.ttt VB. ~cMahon, 25 Barbour, 467. . WhitiD.g vs. Sheboygan R~ilroad., 25 Wisconsin, 198 and the case in A m~tnal msur~nce company was organized tmder a statute which 35 Wisconsin, 570, bold that- · ' authoriZed the duectors to make assessments on premium notes to The Legislature may limit the tolls and fares to be received by this railroad com- pany to a reasonable -sum, beyond which the company sJ1all not go. meet losaes, but which reserved the legislative power to alter or re- peal the charter. A subsequent law authorized receivers to make The bill now propo~ed does not attempt to reduce the fares or assessments. The plaintiff, as receiver, sued to recover an assessment rates on the PaCific railroads under the reserved power in the act cf Rosekrans, judge, said : . · 1864. . Another objection to.the ~omplaint is that t~e receiver has no power t{) make an These companies should not precipitate any question of that kind assessment upon the prerruum notes belongmg to the corporation· that by the by no'Y" refusing to make provision for the payment of their debts. terms of the contract It can only be made by the directors of the coinpany; that (Tomlinson VB. J essnp, 15 Wallace, page 454.) 4464 CONGRESSIONAL RECORD-HOUSE. JULY 7 A railroad company waa incorporated in South Carolina in 1851 The court say : subject to a general law which reserved a right to alter, amend, or Within the power here reserved the Legislature would have had the right to repeal. In 1855 an amendment of the charter exempted the stock pass the statute of 1849 and to impose the very liability now in question, even if from taxation, and did not reserve a right to alter this provision. the oon.stitution of 1846 had never been adopted. The new constitution of 1868, and a statute under it, subjected the This applied to liabilities arising after the act of 1849. The bill stock to taxation. • now proposed is a provision for the payment of a debt created after · Field, justice, said~ the act of 1864 was passed. 03ee report of the Secretary of the Treas- The charter * * * constituted a contract. * * * The amendment formed ury for 1875, page 33.) a part of the contract. * * * The exemption from taxation added greatly to the Other authorities might be cited: 1 C. E. Green's Equity Reports, value of the stock and induced the plaintiff t{) :purchase the shares. * * * But 13; 30 New Jersey Law, 1 Vroom, 368; 31 id., 521-575; 51 New these considerations cannot be allowed any weight in determining the validity of Hampshire, 504 ; 103 Massachusetts, 10; 12 Indiana, 285 ; 37 Barbour, the subsequent taxation. The power reserved to the St-ate by the law of 1841 a.u- tlJOrized any change in the contract, as it originally existed or as subsequently 257-399; 44 Illinois, 500; 104 Massachusetts, 451; 4 Hill, 140; 15 B. modified, or its entire revocation. * * * The reservation affects the entire rela- Monroe, 340-642; 13 Gray, 239; 4 Allen, 198; 2.1 Pickering, 334; 21 tion between the State and the corporation, anti places under legislative control all Barbour, 513; 7 Greenleaf, 474; 23 Maine, 318; 30 Maine, 547; 39 ·ights, privileges, a.nd immunities derived by its charter directly from the state. Maine, 571 ; 6 Rhode Island, 491 ; 9 Rhode Island, 194 ; 1 Minnesota, Pennsylvania College cases, 13 Wallace, 100. . 202; 19 Minnesota, 418; 1 Green, Iowa, 563 ; 26 Pennsylvania State, Under a reserved power to alter the charter of Jefferson College, 287-302; !Paige, 102; lONewYork, 102; 14NewYork,336; 21New the Legislature authorized a change of its location from Cannons- York, 9; 22 New York, 9; 24 New York, 345; 14 Barbour, 559; 6 burgh to Washington, although it ha~ sold scholarships to be satis- Cushing, 424. fied in tution at Cannonsburgh. By a statement made by an expert it will appear that the sinking Both the acts of 1862 and 1864 show that the railroad companies fund provided for by this bill will not pay the interest on these bonds agreed to "keep the railroads and telegraph lines in repair and use, at maturity. It is as follows: and shall at all times transmit dispatches over said telegraph lines, Statement of process of computation of values, given in response to the letter of and transport mails, troops, and munitions of war, supplies, and pub- Ron. WILLIAM LAWRENCE, member of Congress, bearing date May .29, 1876, ad· lic stores upon said railroads for the Government." dressed to Mr. Maclennan. If the mortgage debts of the companies are permitted to accumu- netAssume, commencing in 1874, an annual payment of $450,000 M 5 per cent. of the eal'nings and half services to be due to the Govenunent from the Union Pacific late with no provision for their payment, the roads must eventually Railroad Company, and alike amount from the Central Pacific Railroad Company be sold out and pass into other hands. (meaning the Central Pacific and Western Pacific Companies;) required the amoun' Theae sinking funds are necessary to keep the companies in a con- that will be owing the Govern~e~t at maturi~ of subsidy bonds (January 1, 1898) from eaoh company, (1,) for pnnmpal, (2,) for mterest not re·imbursed, no allow- dition, as said by the supreme court of New York," to carry out the ance being made for interest on these several payments: original purposes of the incorporation." 3. This power to alter, as affecting the "individual liability" of Union Pacific. Central Pacific. stockholderst_has received consideration from the courts, which may throw some light on this subject. · The proposed bill does not attempt to create a new individual lia- Principal . . • • •• . . . • . . .•••••.......•••••. •• • . • . • . . $27, 236, 512 00 -~7. 855,680 00 bility on stockholders. It is not necessary to affirm that any such Thirty years' interest a.t 6 per cent............... 49, 025, 721 60 50, 140, 224 00 per cent. of the net earnin~s and half serv- power exists. The railroad acts do not fix any limit to such liability Five if it can be imposed. Mauy state Constitutions and statutes treat ices fro~ 1814-1897~ both incmsive, (twenty- four years,) assumoo to be $450,000 a year...... 10,800,000 00 •10, 800, 000 00 the power to altercbarters as a power to createunlimit.ed individual =:====:;:::::::;;;= liability, and hence in express terms restrict the power so that the The-!'ef~re, at maturity due the Government for prmmpal...... . . . • . . • . . . • . • . • • • • • . • . . • • . . • • • • . . 27, 236, 512 00 27, 855, 680 00 individual liability shall not be more than double the amount of For interest not re-imbursed..................... 38,225,721 60 39,340,224 oo stock held. If a. power to alter carries with it a power to create individual liability of stockholders f9r debts of a corporation, it rrright Total . • • • • • . • • • • • . • • • • • . • • • • • • . . • . • . . • . • • • . 65, 462, 233 60 67, i95, 904 00 with much more force and justice be urged that a new liability could be imposed on the corporation itself which did not reach the stock- The amount of the proposed forty-four semi-annual payments by the Union Pa- holders. cific Company of $375,000 each, thefirstpa:vment to be made June 30, 1876, and the Hyatt vs. McMahan, 25 Barbour, 467. Ltstorforty-fourthDecember 31, 1Es97, adued to the amount of twenty-four semi· annual payments of $125,000 each, the first payment to be made Jnne 30, 1886, a.n. Riddle, John Robl)ins, William .M. Robbins, Robinson. Miles Iwss, To Mr. SPENCER until Monday next on account of sickness; Sobieski Ross, Rusk, Sampson, Scales. Schleicher, Sin~leton, Sinnickson, Slemons, To Mr. TOWNSEND, of Pennsylvania, for one day; and Smalls, A. Herr Smith, Southard. Sparks, 8pencer, Springer, Strait, Stevenson, Stone, Tarbox, Terry, Thompson, Thornbur:;h, Martin I . Townsend, Washington To Mr. PACKER for two days. Townsend, Tucker, Tufts, Turney, Van Vornes, John L. Vance, Robert B. Vance, Mr. PAGE. I insist upon the regular order. Giluett C. Walker, Alexander S. Wallace, Walling, Walsh, Warren, Era-stus Wells, The SPEAKER p1·o tempore. The regular order is the motion of the White, Whiting. Wike, Willard, James Williams, Jarues D. Williams, Jeremiah gentleman from California [Mr. LUTTRELL] that the House now ad- N. Willia.ms, William B. Williams, Benjamin Wilson, James Wilson, and Yeates- 159. jolll'Il. NAYS-Messrs. Bagby, Benjamin W. Harris, Hurd, Lamar, LeMoyne, Mac- The motion was agreed to; and accordingly (at four o'clock and. Dougall, Meade, Pierce, and G. Wiley Wells-9. thirty-five minutes p.m.) the House adjourn~d. NOT VOTING-Mess~s. Ada.J?s, George ~· Ba_pley, William H. Bake~, ~allou, Banks, Bass, Beebe, Blame, BlaiT, Bland, Bliss, tJohn Young Brown, William R. Bro~J Cason. Caswell, Cate, Chapin, Chittemlen. Collins, Cowan, Crapo, Danford, Dan-au, De Bolt, Denison, Dnrham, Eden, Ely, Faull..'D.er, Foster, Franklin, Free- man. Frost. Frye, Fuller, Garfield, Ganse, Gibson, Glover, Gunter, Hale, Andrew H . Hamilton, Robert Hamilton, .Haralson, Hartrid_g_~!. Hathorn, Hays, Henderson, IN SENATE. Henkle, AbramS. Hewitt, Goldsmith W. Hewitt, .tlill, Hoar, Hoge, Hoskins, Hub- bell, Hurlbut, Hyman, Jenks, Frank Jones, Joyce, Ka-sson, Kehr, Kimball, King, Knott, George M. Landers, Lane, Lapham, Lord, Lynch, Lynde, Edmund W. M. SATURDAY, July 8, 1876. Mackey, McCrary. McMahon, Metcalfe, Money, Nash, Neal, O'Brien. Odell, Par- The Senate met at eleven o'clock a.. m. sons. Phelps, William A. Phillips, Platt, Pratt, Purman, Rainey, Roberts, Savage, Sayler, Scbn'llakerJ Seelye, Sheakley, William E. Smith, Stenger. Stowell, Swann, Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Teese, Thomas, Tnrockmorton~., Waddell, Wait, Wal(hon, Charles C. B. Walker, The Journal of yesterday's proceedings was read and approved. John W. Wallace, ·ward, Wheeler, Wbitehouse1 Whitthorne, Wig~ton, Andrew Williams, Alpheus S. Williams, Charles G. Williams, Willis, Wilslirre, Alan Wood, HOUSE BILLS REFERRED. jr., Fernando Wood, Woodburn, Woodworth, and Young-121. The bill (H. R. No. 2685) for the distribution of the unappropriated So the bill was passed. moneys of the Geneva award was read twice by its title, and referred Mr. LA.WRENCE moved to reconsider the vote by which the bill to the Committee on the .Judiciary. was passed ; and also moved that the motion to reconsider be laid on The bill (H. R. No. 3849) for the relief of James W. Harvey and the table. James Livesey, of the firm of Harvey & Livesey, of Wisconsin, was The latter motion was agreed to: read twice by its title, and referred to the Committee on Claims. MESSAGE FROM THE SENATE. PETITIONS AND MEMORIALS. A message from the Senate, by Mr. SYMPSON, one of their clerks, Mr. MERRIMON. I present the memorial of Samuel Strong and announced that the Senate had passed bills of the following titles; in others, citizens of the District of Columbia, representing that they which the concurrence of the House was requested: are creditors of the District governmeut, and have made efforts for A bill (S. No. 834) to authorize the change of name of the steamboat a. long time to have their several claims pait.l, and have failed. They Peter Crary. to that of Joseph L. Chapman; and also set forth that a bill providing for the adjustment of claims A bill (S. No. 952) to remove the political disabilities of G. T. Beau- \against the District of Columbia has passed the Honse and is before regru·d, of New Orleans, Louisiana. , ·the Senate, and that they have learned that the Committee on the IV-280 4466 CONGRESSIONAL RECORD-SENATE. JULY S, District of Columbia of the Senate will not ta.ke action upon that MESSAGE FROM THE HOUSE. bill at the present session. They represent that they are large cred- A message from the House of Representatives, by Mr. G. M. ADAMS, itors; that there are many workmen in the District to who~ tb~y its Clerk, announced that the House bad passed the following bills; are indebted for work done upon the streets and elsewhere m thts in which the concurrence of the Senate was requested: city; that they have no means of paying them; and that it is of A bill (H. R. No. 1574) to provide for repeal of aU laws authorizing grave moment that the bill refe_rred to should be pass~d at this ses- the a.ppointment of civil engineers in the Navy, &c. ; sion. I move that the memonal and an accompanymg letter ad- A bill (H. R. No. 3856) for the relief of William H. French, Jr., dressed to me upon the subject be referred to the Committee on the United States Ariny, late Indian agent at Crow Creek, Dakota; District of Columbia. A bill (H. R. No. 2813) relieving the State of Kansas from charges The motion was agreed to. on account of ordnance stores furnished to Kansas Territory; Mr. MITCHELL. I present a memorial of some three hundred A bill (H. R. No. 3143) granting a pension to Daniel Clary; miners, prospectors, voyageurs, merchants, traders, and cosmopol~tan A bill (H. R. No. 3672) to amend the act approved July 2, 1864, en- citizens, pioneers of Alaska, in which they set forth numerous griev- titled "An act to ambnd an act entitled 'An act to aid in the construc- ances in reference to the government of that Territory. tion of a railroad and telegraph line from the Missouri River to the In tills connection I desire to state that the history of government Pacific Ocean, and to secure to the Government the use of the same in Alaska for the last four or five years has been one of oppression, for postal, military, and other purposes,' approved July 1, 1862," and one that is scarcely compatible with the professions of our people in other acts in relation to the railroad companies therein mentioned ; this centennial year or in accordance with the genius of American and institutions. It has been a military misrule. I have been attempting A bill (H. R. No. !l855) for the relief of George T. Olmstead, jr. since the first day of the present session to attract the attention of The message further announced that the House had appointed Mr. the Senate and of the appropriate committee to this fact. I intro- WILLIAM WALSH, of .Mary land, a member of the committee of con- duced a bill early in the session providing for a civil government in ference on the disagreeing votes of the two Houses on the bill (S. that Territory. The bill has not yet been reported to the Senate. I No. 472) changing the times of holding terms of the district court for take this occ38ion to again call the attention of the Committee on the district of West Virginia, in place of Mr. W:n:.'LIAM P. FRYE, of Territories to this important matter. The grievances of which the Maine, absent. . memorialists complain are fully and specifically set forth in the me- The message also communicated the request of the House that the morial which I now hold in my band, and I earnestly hope that some Senate return to that body the bill (S. No. 872) for the relief of the action may be taken upon the part of the appropriate committee to family of the late John T. King and of L. B. Cutler. provide a civil government for the people of Alaska. I move the The message further announced that the House had passed the fol- reference of the memorial to the Committee on Territories. lowing bills: The motion was agreed to. A bill (S. No. 391) to authorize the Secretary of Wa.r to purcb::~se, TE~fPORARY PROVISION FOR EXPENDITURES. for the use of the United States, a parcel of land on the Island of Key Mr. WINDOM. I am instructed by the Committee on Appropria- West, Florida; and tions, to whom was referred t.he bill (S. No. 978) extending and con- A bill (S. No. 843) establishing the rank of Paymaster-General. tinuing the act entitled "An act to provide temporarily for the ex- The message also announced that the House had appointed Mr. penditures of the Government," t.o report it without amendment, and SAMUEL J. RANDALL of Peunsylvania, Mr. WILLIAM 8. HOLMAN of I ask for its present consideration. Indiana, and Mr. EUGENE HALE of Maine conferees on the part of By unanimom consent, the Senate, as in Committee of the Whole, the House of Representatives on the disagreeing votes of the two proceeded to consider the bill. It extends the provisions of the act Houses on the amendments of the Senate to the bill (H. R. No. 3749) to provide temporarily for the expenditures of the Government, ap- making appropriations for sundry civil expenses of the Government proved June 30, 1876, and continues that act in full force and effect for the fiscal year ending June 30, 1877, and for other purposes. for a period of t.en days, and no longer, from and after the lOth day ENROLLED BILL SIGNED. of July, 1876. The message further announced that the Speaker of the Honse had The bill was reported to the Senate without amendment, ordered signed the emolled bill (S. No. 382). to appropriate $1,000 to remove to be engrossed for a third reading, read the third time, and passed. the remains of Hon. E. Rumsey Wing, late minister to Ecuador, from PUBLIC PRINTING. Quito to the cemetery at Owensborough, Kentucky; and it was thereupon signed by the President pta t~mpore. Mr. ANTHONY. I am instructed by the Committee on Printing to report a bill to extend for ten days the act authorizing the Congres- JOHN T. KING AND L. B. CUTLER. sional Printer to proceed with the public printing. Some doubts have The PRESIDENT pro tentpore laid before the Senate the request of been expressed whether the general act which was passed ten days the House of Representatives for the return of the bill (S. No. 872) ago covers the public printing. As the former general act has been for the relief of the family of the late John T. King and L. B. Cut- extended, so far as the vote of the Senate is concerned, for ten days, ler; and by unanimous consent the req nest was ordered. to be com- we report a bill extending the act relating to the Government print- plied with, and the bill returned to the House of Representatives. ing I am not sure but that it is covered in the other act, but for perfect security I think the act to which I refer had better be ex- PRINTING INVESTIGATION. tended. Mr. KELLY. I ask that the Senate take up House bill No. 1316 By unanimous consent, the bill (S. No. 979) to further extend an and dispose of it. It is a bill which has been under consideration act entitled" An act to continue the public printing" was read three two or three times. times and passed. It extends the provisions of the act to continue The PRESlDENT pro tempore. The Senator from Indiana had risen the public printin~, approved June 30, 18i6, and continues that act and also the Senator from Illinois before the Senator from Oregon in in full force and etiect for a period of ten days, and no longer, from regard to taking up mea-sures. Does the Senator from Indiana re- and after the lOth day of July, 1876. new his motion! Mr. MORTON. It will take but a mom~nt I think to dispose of the ORDER OF BUSINESS. resolution reported from the Committee on Privileges and Elections Mr. MORTON. If there is no objectiou, I should like to have the in regard to the Congressional Printer. I understand the Senator report made by the Committee on Privileges and Elections in regard from Rhode Isla.nd [Mr. ANTHONY] has au amendment to offer to the to the Congressional Printer disposed of this morning. I think it resolution. important that that matter should be considered. The committee By unanimous consent, the Senate proce~ded to consider the follow- reported a resolution which was ordered to lie on the table and be ing resolution, reported by Mr.MORTON,:f.tom the Committee on Priv- printed. I ask to have it taken up and acted upon. ileges and Elections, J nne 28: Mr. LOGAN. I gave notice yesterday that in the morning hour Resoloed, That the Committee on Printing be instructed to investigate the to-day I would call up the bounty bill. ofll.oial oonduot of .A. M. Clapp as Congressional Printer, and for that purpo e have power to send for persons and papers, and to make report at the present ses- Mr. KERNAN. I ask leave to introduce a bill. sion of Con~;TCss. The PRESIDENT pro tentpore. Several Senators have risen with morning business. Mr. ANTHONY. I cannot say that the Committee on Printing BILLS INTRODUCED. hankers after this investigation, which we have gone over I do not remember how many times. My friend on the opposite side of the Mr. INGALLS asked, and by unanimous consent obtained, leave to Chamber [Mr. SAULSBURY] may remember. I believe the reports introduce a bill (S. No. 980) granting a pension to Irena Gn,rrett; which we have made upon investigations of the Government Printer which was read twice by its title, referred to the Committee on Pen- have always been unanimous. If· we are to have another investiga- sions, and ordered to be printed. tion I hope that, if it is possible, it shall be of such a character as Mr. KERNAN (by request) asked, and by unanimous consent ob- that the matter will stay investigated. I do not know what the Com- tained, leave to introduce a. bill (S. No. 981) for the better protection mittee on Printing can do more than it has done. I do not know of life and property at sea; which was read twice by its title, referred where we shall look for further evidence. There are two natural to the Committee on Commerce, and ordered to be printed. enemies of the Congressional Printer, as natural as any enemies in WITHDRAWAL OF PAPERS. the lower creation. The employing printers of this city think t.hat On motion of Mr. KERNAN, it was t~e Government, through him, is making a profit that they are enti- O!'dered, That Lena Bensinger have leave to withdraw her petition and papers tled to; and the printers who are employed think they have not suf- from the files of the Senate, there having been no adverse report in the case. ficient wages nor sufficient rights and privileges. and the two classes, 1876. \ CONGRESSIONAL RECORD-SENATE. (: 4467 antagonistic to each other in everything else, join against the Gov- prefer that the resolution should lie over; but I wish it distinctly un- ernment Printing Office. derstood that I did not propose to delegate any power of the commit- I wish to have . an examination of the Government Printing Office tee to these experts, but I thought if we could get some of these great made so far as possible by disinterested persons, not connected with printers, some of the men who have establishments nearly as large aa the city of Washington or fu any way concerned with printing here the Government Printing Office, or as near to it as any in t.he conn- and without any interests that are liable to be brought in connection try-take one from New York, one from Boston, one from Philadel- with the Government Office, in favor of it or against it. phia, perhaps-men who have no interest whatever in the questions With that view I offer the following amendment as an additional that have given us such immense annoyance arising out of the rela- resolution: tions between the Government Printer and the employing printers &solf!ed, That the Commitlee on Printing be authorized to designate and employ and the working printers in this city; and if they could examine this three praetical printers or publishers to thoroughly examine and report upon the vast establishment and give us their judgment upon it, it would be present mode of conducting the public printing, what abuses. if any, exist or have of great value to us and of value to the Senate. But if the Senat-or existed, and what measure, if any, should be adopted to reform the same and to is not satisfied with it, I much prefer that the resolution should lie improve that branch of the public service, and that the cost of such examination be over. paid out of the contingent fund of the Senate. Mr. MORTON. I ask to have the report read. It is.very short. :M:r. SAULSBURY. I do not think I shall vote for the amendment. The Secretary read the following report submitt.ed by Mr. MORTON, It simply proposes to transfer duties which I think devolve, accord- from the Committee on Privileges and Elections, on the 28th of June: ing to the application of Mr. Clapp himself, upon some committee of the Senate. We remember that Mr. Clapp, after an examination into ofThe Committee on Privile_ges and Elections, to whom was referred the memorial Hon. A. M. Clapp, Congressional Printer, have had the same 1mder consider&-. the management of the Printing Office had been had in the House of tion, and beg leave to submit the foilowing report: Representatives, presented a petition to the Senate asking this body The office of Congressional Printer is one which pertains equally to both Houses to investigate through some committee the charges which had been sional of Congres11 and to the whole QQvernment. Although under the law the Congres. Printer is elected by the Senate, and in t.h at sense may be said to be an oftl. preferred against him. The petition was referred to the Committee cer of the Senate, yet his functions are of that general character as to make hia con. on Privileges and Elections, and I supposed it was still in that com- duct in the discharge of his duties a proper subject for investigation by either mittee. The resolution which hM been reported from the Committee branch of Congress . on Privileges and Elections was agreed to at a time when I was· not mittee With the cow plaint which Mr. Clapp bas made against the conduct of the com· of the House by which he has been investigated we have nothing to do, present at the meeting of the committee, and reported to the Senate and can pass uo judgment upon it: but, inasmucll as he was electoo by the Senate without my knowledge. and is removable at the pleasure of the Senate, and the responsibility for his con- So far as I am concerned I am very sorry that this investigation is tinuance in office depends upon that body, the committee is of the opinion that his proposed at all by this body. Mr. Clapp, however, saw proper to should be request for an examination as to his official conduct by a committee of the Senate granted. prefer his petition to the Senate, alleging. that he was an officer of The committee are further of the opinion that any investigation by a committee this body, and therefore was not subject to the jurisdiction of the of the Senat~, tending to affect the official conduct and char:wter of a public officer, House of Representatives when it undertook to investigate the man- should be conducted with open doors, tlutt the officer whose character is likely agement of the Printing Office under his charge. That memorial was to be affected may have the opportunity ot bein~ present with counsel, if he choose!l, and cross-eumining the witnesses and bdngmg others in his defense, to the end referred to the Committee on Privileges and Elections; and had I that a · fair investigation may be bad and no injustice done. Such investi~ration been present at the time of the report now under consideration was should be conducted according to the generally recognized principles of evidence agreed upon, I should have opposed it; I should have opposed the ·and the usages of courts, which long experience has shown are calculated to develop reference to the Committee on Printing because that committee is a theA truth, convict the guilty, and protect the innocent. committee of investi ...ation appointed by the Senate should not be a. lawles11 small one, composed of three gentlemen only, and the labors of an body, with power to tram VIe upon private rights, which the law has never given to investigation are very onerous. It could have been more properly, I the t.ourts, nor to blacken reputation with that sort of evidence which the code of think, investigated in the Committee on Privileges and EJections, every country l.'f'jects as insufficient and worthless. The committee therefore rec- which consists of a much larger number than the Committee on ommend the adoption of the following resolution: ResollJed, That the Committee on Printing be instructed to investigate the official Printing. conduct of A. M. Clapp a~J Congressional Printer, ancl for that purpose have power But I am very sorry that it is to be investigated by any committee to send for pen~ous and papers, and to make report at the present session of Con· of which I am a member, for I certainly do not want any portion of gress. the labor if I can avoid it. And yet I believe that a committee of Mr. SAULSBURY. I prefer that the further consideration of 1he this body, and not a committee appointed of printers outside, irre- resolut.i on got. ver for a while. I am clearly of opinion that this labor sponsible to the body, is the proper tribunal to make the investiga- ought not to be imposed upon a committee so few in numbers as the tion if the investigation is to be had; and therefore I am opposed to Committee on Printing. There are only three members on that com- the amendment of t-he Senator from Rhode Island. If the investiga- mittee. and it wonld require at least two of that committee con- tion is to be had, it ought to be had by a committee of this body, and stantly present at the enmiuation of any witnesses. I think, there- not by persons deputed by any committee of this body to make an fore, it had better go over. At any rate, if it comes to a vote now, I investigation into the affairs of that department. I hope, therefore, shall not only vote againit the amendment of the Senator from Rhode the amendment of the Senator from Rhode Island will not prevail be- Island, but I shall vote against the resolution of the Committee on cause I think it is due, if we have an investigation, that it should be Privileges and Elections. If the invest.igation is had at all, it ought conducted under the management and control of this body and not to be by a special committee, or some committee composed of a larger by a commission appointed by any committee of the body. number than the Committee on Printing. I hope, therefore, that the Mr. ANTHONY. My colleague on the commit.tee misapprehends resolution will go over. the purpose of this amendment. I do not propose to shirk the inves- Mr. ANTHONY. I have no objection. tigation which the Senate imposes upon us. I do not suppose it Mr. CONKLING. If this is to go over, I wish to ask the Senate to would !Je proper in any marmer to delegate to outside parties an in- take up n. bill which will take but a moment. vestigation iuto the conduct of an officer of the Senate or a.ny other The PRESIDENT pro ten~p01·e. An objection will not send it over. officf'r unless we deMgated it to judicial authority. But I propose to The resolution is before the Senate. have an examination ancillary to that which the Committee on Privi- Mr. MORTON. If it is the desire of the Senator from Rhode Island lege~t and Elections, very much to my disgust, ha-s commended to us. and the Senator from Delaware to have it go over, I shall make no I w\sh to have such an investigation as the Committee on Printing is objection. not capable of making, because we are not experts at printing. My Mr. ANTHONY. If this investigation is to be imposed upon us, I friend from Delaware is something of a printer-- do not want to enter upon it with a difference amo ng the committee, Mr. SAULSBURY. I have no knowledge of it. and I prefer that the resolution should go over. Mr. ANTHONY. And I have but very little knowledge of it. I The PRESIDENT pro tempore. No objection being made, the reso· should have no confidence whatever in my judgment to examine a lotion will be laid over. large establishment of thatkind and decide whether it was carried on CHANGE OF NAME OF STEAMER. in the most proper and economical manner, whether it had had the Mr. CONKLING. I h(lpe to be allowed to call up a bill whioh will best methodB, whether its order, its cleanliness, its discipline were all but a single moment. It is for the chan~e of the name of a boat satisfactory. I propose an investigation by e-xperts, to report to the take in which many people seem to feel urgently mterested. It is House Committee on Printing, not to the Senate, for our information. It is bill No. 3200. precisely in the same manner that an expert is brought before a court The motion was agreed to; and the bill (H. R. No. 3200) to change or a committee to give his testimony upon matters which are pecu- the name of the ste:tm barge Dolphin, of Clayton, New York, was liarly within his know ledge. cor. sidered as in Committee of the Whole. But if this amendment does not meet the approbation of the Sena- The bill was reported to the Senate, ordered to a third reading, tor from Delaware, who is a member of the committee, I prefer that read the third time, and passed. tbe whole matter should lie over until we can talk about it together. KE~TUCKY SALT-WORKS. The resolution of the Senator from Indiana was introduced to the Senate in the absence of the Senator from Delaware, and I then has- Mr. CAMERON, of Wisconsin. On Monday last the Senator from tily drew this amendment, and, not expecting the matter would be West Virginia [Mr. CAPERTON] ma-de a report from the Committee brought up this morning, had not shown it to my colleague on the on Claims, recommending the payment of the claim of T. T. Gar- committee; but I prefer that whatever amendment is made, coming rard aml others, praying compensation for the destruction of their from me at least, should meet the full approbation of my co11eagues salt, salt-wells, &c., in Clay County, Kentucky, by United States of the Committee on Printing. Therefore, if the Senator from Dela- troops, in 1862. This claim is known as the Kentucky salt-works ware is not satisfied with the purpose of this investigation, I should claim. I stated at that time that a minority of the committee dis- 4468. CONGRESSIONAL RECORD-SENATE. JULY 8, sented from the report, and that at a future time I would ask per- Mr. WITHERS. I will state to the Senator in that connection that mission to present the views of the minority. I now ask leave to there are upward of twenty Senators here who have never hea.rd the present the views of the minority, and I move that they be printed. bill discus ed. The motion was agreed to. Mr. LOGAN. There may be some who have never beard it <1~ ARMS FOR STONINGTON. cussed; perhaps there are; but I speak of the majority of the Senate. They have beard it discussed. If it brings out discussion, it is like Mr. LOGAN. Mr. President- any other bill that is to be discussed or ~oes over until a time when it Mr. EATON. I wish to appeal to the Senator from Illinois. Will can be; but that should not interfere w1th taking it up. The Senate the Senator from Illinois permit me to call up a resolution reported is not bound to pass it, but I ask that it may be taken up for con- from the Committee on Military Affairs f I do not think it will take sidera.tion. When the morning hour expires, of course other lmsi- a moment. ness will come up, a.nd I will then ask that it will be contillned over Mr. LOGAN. Of course; I withdraw any right to call up anything until it can be considered. this morning. · The PRESIDENT pro tempore. The Chair will put the question on 1 The PRESIDENT pro tempore. The Senator from Illinois holds the proceeding to the consideration of the bill after it shall have been 1loor. read for information. Mr. LOGAN. I yield to the Senator from Connecticut. It is very The bill was read at length. important that these little things should go through ! The PRESIDENT p1·o tempore. The question is on taking up for Mr. EATON. It is not important at all. I withdraw my request. consideration the bill just rea.d. Mr. LOGAN. No; go on. Mr. SAULSBURY. I call for the yeas and nays on that motion. . Mr. EATON. I am obliged to the Senator. I move to take up the The yeas and nays were ordered. joint resolution (H. R. No. 135) donating two cannon and carriages to Mr.. SHERMAN. I think the Sena.te ought to be called. the warden and burgesses of Stonington, Connecticut, which was re- Mr. CONKLING. The yeas and nays will show the presence of a ported by the Committee on Military Affairs. quorum. The motion was agreed to ; and the joint resolution was considered Mr. SHERMAN. So jmporta.nt a proposition as this ought not to as in Committee of the Whole. The preamble recites that there are be taken up a.nd acted on, it seems to me, without more than a bare now at the town of Stonington, in the State of Connecticut, two eight- quorum. Perhaps the yeas and nays will solve that question een-pounder iron · cannon and two eighteen-pounder traveling-car- The question being taken by yeas and nays, resulted-yeas 20, nays riages, belonging to the same, which were used for the defense of the 25; as follows : town against the attack of British men-of-war in the war of 1812, and which cannon are highly prized by the inhabitants of the town as Ferry, YEAS-Messrs. Allison, Boutwell, Cameron of Wisconsin, Conkling, Dawes, Hamlin, Hal'Vey, Hit{)hcock, Ingalls, Key, Logan, McMillan, Mitchell, Mor- memorable relics of the bombardment of thfl town on the lOth day of ton, Paddock, Wadleigh, West, Windom, and Wright-20. August, 1814. The resolution therefore donates the guns and gun- NAYS-Messrs. Anthony, Bayard, Bogy, Booth, Caperton, Christiancy, Cooper, carriages named by the United States to the warden and burgesses of Davis, Eaton, Edmunds, Frelinghuysen, Gordon, Hamilton, Kelly, Kernan, Mc- Creery, Maxey, Meuimon, Morrill of Vermont, Sargent, Saulsbury, Sherman, W a.l· the borough of Stonington, to be owned and held by them and their lace, Whyte, and Witbers-25. successors in office, and gives permission to the warden and burgesses ABSENT-Messrs. Alcorn, Barnum, Bruce, Burnside, Cameron of Pennsylvania., to pla{le them on unoccupied land belonging to the United States, at Clayton, Cockrell, Conover, Cragin. Dennis, Dorney. Goldthwaite, llowe, .Johnston, the end of the Point, so called, in the borough of Stonington. .Jones of Florida., .Tones of Nevaila, McDonald, Morrill of Maine, Norwood, Oglesby, The joint resolution was reported to the Senate, ordered to a third Patterson, man-28. Randolph, P..tl>nsom, Robertson, Sharon, Spencer, Stevenson, and Thur- reading, read the third time, and pa-ssed. So the motion wa.s not agreed to. JAMES ATK~S. :Mr. LOGAN. I desire to say to the Senate that this bill has passed Mr. WADLEIGH. I wish to call up House bill No. 1668. the House since the year 1~8 five different times and the Senate Mr. WRIGHT. I have no disposition to object to the consideration once, and it is now before the Senate again:, having passed the Hou e of that bill; but, nevertheless, I want to say something upon it. by a grea.t majority at this session. I deem it just to the soldiers of The PRESIDENT pro tempore. The question is on taking up the this country who were defrauded out of their bounty that this Gov- bill. . ernment should pay it :tt some time, and I think that they have The motion was a.greed to; and the bill (H. R. No. 1668) to supply waited long enough for it. I feel that I can demonstrate to the Sen- au omission in the enrollment of the deficiency bill approved March ate or any other body thr..t there is no one asking bounty by this bill 3, 1~5t was considered as in Committee of the Whole. It is a direc- e1::cept those who are entitled to it and who ought to have bad it tion to the proper accounting officers of the Trea.sury, in settling and long ago. I give notice now that I will call it up every morning, and adjusting the revenue, disbllrSing, and other accounts of James At- I will call the yeas and nays as to whether it shall be taken up or kins, late collector of internal revenue for tlfe fourth district of Geor- not until the country shall fully understand whether or not these gia, to credit him with $14,819.33, on account of loss of that amount men are to be longer deprived of that to which they are justly enti- by default of deputies in his employ; the amount being lost without tled. neglect or fault of Atkins. Mr. CONKLING. I wish to ask a question of the Senatorfrom Illi- Mr. WRIGHT. The bill passed our committee ; but I think myself nois. Is it the purpose of the Committee on Military Affairs to in- that while the bill follows precedents, and not a few of them, it is, sist upon the amendment striking out sailors and marines f nevertheless, most dangerous legislation. It has never had my con- :Mr. LOGAN. No, sir; I propose to re-instate that myself. currence thus far; but the bill has passed, as I have said, our com- Mr. CONKLING. And the same thing as to slaves and Indians f mittee following precedents established in the Sena.te. Mr. LOGAN. The word "Indians" is not necet)sary in the bill. The Mr. CONKLING. And passed both Houses once or twice, and failed bill applies to all soldiers, whether blacks, whites, or Indians. We of enrollment by an error. strike those words out because they are not nece sary to be in. It Mr. WRIGHT. I believe so. This same bill passed both Houses at applies to all soldiers of every color. The only thing that it is nec- the last session and failed of enrollment, and tha.t· had not a little essary to put back is the clause as to sailors and marines. weight in determining the a{ltion of the committee; but nevertheless Mr. CONKLING. I observe here the committee propose to amend it presents the question of relieving an officer by rea-son of the fault by striking out the words " or State " in the fifth line of section 5. and negligence of his deputies. That is the question that is presented Mr. LOGAN. That is in reference to the Stat,e bounties that were in this case. I merely wish to say this much lest I might be regarded paid. When it was considered before, the committee for certain rea- as concluded by this case, and it might be held as a precedent to bind sons thought best to strike that out and to l'eport it to the Senate. me hereafter. Since that has been done, looking over the files and seeing the votes The bill was reported to the Senate without amendment, ordered heretofore :md what has been done on the bills lieretofore, in my to a third reading, read the third time, a.nd pa.ssed.. judgment, that word ought to be left in. I inten~ed to suggest that EQUALIZATION OF BOUNTIES. to the Senate. Mr. CONKLING. So that the effect will be to give bounty regard- Mr. LOGAN. I think it is pressing me rather far to ask me to yield less of what the States gave f any further. I have yielded as far as I can under the circumstances. Mr. LOGAN. No, sir; the effect then would be to give this bounty, I desire to call up the bill (H. R. No. 58) to equalize .tbe bounties of deducting State bounties. · soldiers who served in the late war for the Union. Mr. SAULSBURY. What is the question before the Senate f Mr. SAULSBURY. That is a very important bill and cannot cer- The PRESIDENT pro tenlpore. Nothing. tainly be considered in the morning hour. Will an objection carry it Mr. SAULSBU~Y. Then I object to tllis debate. ~&f ~ Mr. LOGAN. I intend to leave that question as to State bounties The PRESIDENT pro tempore. An objection will not ca.rry it over. to the Senate. The question is for the Senate to decide. The PRESIDENT p1·o tempore. The Senator from Delaware objecte Mr. LOGAN. It is a very important bill, but it ·is a bill that has to further debate. been considered by the Senate and debated at great length at former BILLS BECOME LAWS. sessions. It has passed the House fi. ve times, and I do not think it will require much consideration of the Senate now, for the sa.me Sen- A message from the President of the Unjted States, by Mr. U. S. ators who are here now, or a majority of them, have considered this GRA..t.'IT, jr., his Secretary, announced that the President had on th:} bill several times. The mere reading of it will give the information 5th instant approved and signed the following acts: necessary. I do not wish to discuss it. I am willing to take the vote An act (S. No. 166) to amend section 1225 of the Revised Statutes as soon a-s the bill is taken up. of the United States ; and 1876. CONGRESSIONAL RECORD-HOUSE. 4tt69 An act (S. No. 336) to authorize the construction of a pont,On bridge will be brought before us on Monday, as well as the failure between across the Mississippi River from some feasible point in La Crosse now and Monday to come to a conclusion on the sundry civil bill. I County, in the State of Wisconsin, to some feasible point in Houston hope, therefore, the Senator from Vermont will not object to our County, in the State of Minnesota. meeting on Monday at eleven o'clock. The message also announced that the bill (S. No.2) to repeal sec- . Mr. EDMUNDS. In that st:1te of the case, as the Senator from tion 2303 of the Revised Statutes of the United States making re- California, a member of the Committee on Appropriations, states it, strictions in the disposition of the public lands in the States oi Ala- I shall not object; but I merely wish to say, 'vithdrawing my objec- bama,, Mississippi, Louisiana, Arkansas, and Florida, and for other tion i1 I made one, that I think we can receive messages from the purposes, having been received by the President on the ~d of June, House of Representatives at any time, whether we are sitting in trial and not having been returned by him·to the Senate within the ten or not, or from the President. I have no doubt if a message were days prescribed by the Constitution, had become a law without his announced from the House the Chair would suspend this particular signature. trial, whlch is the Senate after all, and receive the message. But as AMENDMENT TO APPROPRIATION BILL. my friend says he expects to make a conference report of some sort Mr. SARGENT. I offer an amendment to the bill (H. R. No. 3749) on Monday before the meeting of the court at twelve o'clock, I will making appropriationsforsundrycivilexpenses of the Government for let the committees take their share of the misfortune and agree to the hour named. · the fiscal year ending June 30, 1877, and for other purposes, to be re- The PRESIDENT pro tempore. Is there objection to the motion ferred to the commitree of conference who have charge of that appro- that the Senate meet at eleven o'clock in the forenoon next Monday f priation bill. The Chair hears no objection, and it is so ordered. The PRESIDENT pro tempore. It will be so referred. t .,. LANDS WITHIN THE KLAMATH INDIAN RESERVATION. BILL INTRODUCED. Mr. KELLY. I move to proceed to the consideration of House bill to introduce a billtS. No.and Mr. SHERMAN asked, by unanimous consent obtained, leave 98'2) providing for the completion of tho No. 1316. I do not now expect to get it through this morning, but it Wa.shington Monument; which was read twice by its titJe, referred is a bill that I have been endeavoring to get before the Senate two or to the C~mmittee on Appropriations, and ordered to be printed. three times. It haB been fully considered, and I simply desire that it shall be taken up so that it may be ready to be proceeded with on DEATH OF EDWARD Y. PARSONS. Monday mornin_g. The PRESIDENT pro tempore. Is there objection to the present A message from the Honse of Representatives, by Mr. G. M:. ADAMS, consideration of the bill! The Chair hears none, ~d it is before the its Clerk, communicated to the Senate the intelligence of ·the death Senate. of Mr. EDWARD Y. PARSONS, late a member of the House from the The Senate. a.sinCommitteeof the Whole, resumed the consideration State of Kentucky, 110d transmitted the resolutions of the House of the bill (H: R. No. 1316) to adjust the cla:ims of the owners of lands thereon. within the limits of the Klamath Indian reservation in the State of Mr. McCREERY. Mr. President, I ask for the reading of the reso- Oregon, the pending question being on the amendment offered by lutions of the House of Representatives. I Mr. SHERMAN in line 12, after the word "mineral," to insert; "and · The PRESIDENT pm t~mpm·e. The Chair will lay before the Sen- which are then subject to entry under the homestead or pre-emption ate the resolutions referred to. , laws of the United States." · The Chlef Clerk read a.s follows: CONGRESil OF THE UNITED STATES. IMPEACIDIENT OF WILLIAM W. BELKNAP. IN THE HOUSE OF REPRESENTATIVE8, The PRESIDENT pto tempore. The hour of twelve o'clock having J'Uly 8, 1876. arrived, t.he legislative and executive business of the Senate is sus- Mr. KNoTl' submitted the following; which was agreed to: pended, and the Senate will proceed to the consideration of the articles Resolved, That a committee of seven members be n.ppointed by the Speaker of Honse to tn.ke order for snperintendin~ the funeral of Hon. EowARD Y. PAR- of impeachment against William W. Belknap, late Secretary of War. the so~s, late a member of this body from the ~tate of Kentucky. The Senate then proceeded to the trial .of the impeachment ·of 1 Resolved, That as a mark of the respect entertained by the Honse for the mem- William W. Belknap, late Secretary of War. ory of Hon. Eow ARU Y. PARSONS, his remains be removed to Louisville, Kentucky, The Senate sitting for the trial of the impeachment of William W. have in charge of the Sergeant-at-Arms, and n.ttended by the said committee, who shall full power to carry this resolution into effect. Belknap having adjpurncd t.hen resumed .i ts Resolved, That the Clerk communicate these proceedings to the Senate. LEGISLATIVE SESSION. Resolved, That a.s an additional mark of respect to the memory of the decMaed the House do now adjourn. The PRESIDENT pro tempore. The Senate resumes its legislative Mr. McCREERY. I offer the follow1ng resolutions: and executive business. .Mr. INGALLS. I move t.hat when the Senate adjourns it be to meet of&s'olved, Tha.t the Senate haa received with deep sensibility the announcement the death of Hon. E. Y. PARSONS, late a member of the I!ouse of Representa- on Monday at eleven o'clock. . tives from the State of Kentucky. ' The PRESIDENT pro tentpore put the question, and declared that Resolved, That as an additiona.f mark of respect for the memory of the deceased, the noes appeared to prevail. the Senate do now adjourn. A division wa.s called for, and the ayes were 32. The resolutions w~re agreed to unanimously; and (at iour o'clock Mr. HOWE and others. Give up a further count. and fifty minutes p. m.) the Senate adjourned. Mr. EDMUNDS. Was there a quorum votingt The PRESIDENT pro tentpore. There was not a quorum voting. I' I The noes will rise. Mr. EDMUNDS. Is this a subject of debate f The PRESIDENT pro temp01·e. It is.' Mr. EDMUNDR. I rise to address the Chair. HOUSE OF REPRESENTATIVES. The PRESIDENT pro tempore. The Senator from Vermont will SATURDAY, Ju.ly 8, 1876. proceed. Mr. EDMUNDS. I merely wish to say that I vote against eleven The House met at twelve o'clock m. Prayer by the Chaplain, Rev. o'clock, because on Monday there are many committee meetings, and I. L. TOWNSEND. it appears to me we ought to have the hour between eleven and MESSAGE FROM THE SENATE. twelve for that purpose. If the Senate thinks otherwise, of course I A message from the Senate, by Mr. SYMPSON, one of their clerkS', in- have no objection to make. My reason for opposing eleven o'clock formed the House that the Senate was ready to proceed upon the im- was that I thought we could make better progress with the public peachment of William W. Belknap and to receive tlie managers on business by meeting at twelve and having the morning for com- the part of the House, and that the Senate Chamber was prepared mittee work. with accommodations for the reception of the House of Representa- Mr. SARGENT. If the court would meet at one o'clock, which I tives. know it cannot do on next Monday, it would enable the Committee APPROVAL OF JOURNAL. on Appropriations to get the ear of the Senate upon conference re- ports. The different conference committees are meeting continually. The J onrnal of yesterday was read. We agree or fail to agree. If we fail to agree, it is necessary to make The SPEAKER pro tetnpore. Is there objection to approving the a report at once in order that new committees may- be appointed. For J onrnal as it has been read f myself, I should like to say that I have been at work in committee- Mr. WILSON1 of Iowa. I aslr the Clerk to read again that portion room every morning at nine o'clock and all the time I can possibly· of the Journal m relation to the question of consideration upon the spare from the Senate and from the time necessary to be devoted to Pacific railroad sinking bill, which was in charge of the gentleman eating and sleeping. · I have found, as well as other members of the from Ohio, [Mr. LAWRENCE.] Committee on Appropriations, that there should be some time during The Clerk read that portion of the Journal, as follows: the day, a half hour or more, when we can receive messages from the The morning hour having expired, House and make reports from conference committees. For that rea- The SPEAKER pro tempore announced the regular order of business, under the son I beg, until a better arrangemen,t may be made, that we meet at order of yesterday, to be the consideration 'of the motion whereby the bill of the llouse, eleven o'clock. Next Monday we shall probably hear the action of an act entitled No. 3672, to amend the aet approved July 2, 11:l64 entitled "An act to amend 1 'An act to aid in the construction of a railroad and telegraph line the House on the sundry civil bill. We expect to hear the action of from the Missouri River to the Pacific Ocean, and to secure to the ~vernment the the House to-day on the consular and diplomatic bill. That subject use of the same for postaJ, military, and othe!:_ purposes,' 3pproved July 1, 1862, '' 4470 CONGRESSIONAL RECORD-HOUSE. JULY 8, and other acts in relation to the railroad companies therein mentioned, was recom- Mr. CONGER. I raise the question of consideration upon that mitted to the Committoo on the Judiciary; when motion until after the morning hour. Mr. BRIGHT raised the question of consideration. The question was then put, Will the Honse now consider the said motion? And The SPEAKER pro ternpore. The bill will be read, after which the it was decided in the affirmative. question of consideration may be raised. Mr. WILSON, of Iowa. That portion of the Journal should read: The bill wa-s read. The SPEAKER pro tempore announced the regular order of business under the The SPEAKER p1·o tempo-re. Is the question of consideration raised order of yesterday, to be the consideration of the motion to reconsider the vote upon this bill f whereby the bill of the House, No. 3672, 4l.c., was recommitted to the Committee .Mr. CONGER. I wish to say a word on this question. By unani- on the.fudiciar.:y, mous consent-- The SPEAKER pro tempore. The correction will be made. Mr. HOLMAN. This bill is subject to a point of order, which I The Journal, as corrected, was then approved. wish to reserve. ' REDEMPTION OF UNUSED STAMPS. Mr. CONGER. By unanimous consent yest-erday was devoted to certain business then before the House, and an aO'reement wa-s made Mr. MONROE, by ut.:.animous consent, submitted the following res- that to·day should be regarded as "objection day/? and that we should olution; which was referred to the Committee of Ways and Means: proceed with the Private Calendar after the morning hour. ·The in- RuoZved, That the Committee of Ways and Means be requested to report to this troduction of this or any other business that cuts off the morning honr Hlluse as soou as practicable a bill providing, with suitable safeguards, for the re- demption of unused internal-revenue stamps. will prevent the fulfillment of that unanimous agreement of the House. I hope that the House will not break in upon that arrange- PUBLIC BUILDING AT DL~VILLE 1 VIRGINIA. ment; and therefore I raise the question of consideration upon this Mr. YOUNG. I am directed by the Committee on Public Buildings bill, which, however, I do not desire to antagonize. and Grounds t.o ask unanimous consent to report for consideration at. Mr. PAGE. I suggest to the gentleman from Kentucky, [Mr. this time a eubstitute for House bill No.1133, to provide for the erec- BOONE,] my colleague on the Committee of Indian Affairs, that if wf\ tion of a public building in the town of Danville, Virginia. have the morning hour, that committee will be called and he can The substitute directs the Secretary of the Treasury to procure by present this report. purchase, condemnation, or otherwise, in pursuance of the laws of The SPEAKER pro tempore. This bill is pending upon a motion to the State of Virginia, a suitable lot of ground in the city of Danville, reconsider; and the gentleman from Kentucky has risen to a privi- Vil·ginia, and to cause to be erected thereon a building of brick suit- leiYed quest.ion to call up that motion. able for the accommodation of the court-house, post-office, and other ~- BOONE. Upon the question of consideration I desire to say Government offices in t.hat city, and provides that the lot of land anct simply- the building thereon, when completed upon plans to be previously The SPEAKER pro tempore. This question is not debatable. made and approved by the Secretary of the Treasury, shall not exceed The question being taken, there were-ayes 57, noes 43; no quorum $60,000, and the lot of land shall be of such extent as to leave the voting. building independent and unexposed to fire from any of the adjoin- Tellers were ordered; and Mr. CoNGER and :Mr. BooNE were ap- ing buildings. No money appropriated for this purpose shall be avail- pointed. • able until a valid title to the land shall be vested in the United States, The House divided ; and the tellers reported-ayes 63, noes 85. and until the State of Virginia shall have ceded the juri diction over So the Honse refused to consider the bill. the same and relinquished the right to tax and assess the same while ORDER OF BUSINESS. the United States shall be the possessor thereof. :Mr. FORT. Doos not the point of order lie against this bill that it Mr. PAGE. I call for the regular order. makes an appropriation f · · The SPEAKER p1'0 ternpore. The regular order being called, the The SPEAKER pro tempo1·e. It can be acted upon at t.his time only by unanimous consent. If objected to, the bill is not before , the House. morning hour begins at fourteen minutes before one o'clock. The call rests with the Committee on Indian Affairs. EXPLORATION AND SETTLEMENT OF BLACK HILLS COUNTRY. I Mr. YOUNG. I withdraw the bill. Mr. PAGE. A bill reported from the Committee on Indian Affairs MESSAGE FROM THE SENATE. wa~ pending when the last morning hour expired. That bill had A message from the Senate, by :Mr. SYMPSON, one of their clerks, an- been ordered to be engrossed and read a third time. nounced that the Senate had appointed Mr. SARGENT in place of Mr. The SPEAKER pro ternpore. That bill is first in order. WINDOM as one of. the managers on the part of the Senate in the con- The House accordingly resumed the consideration of the bill (H. R. ference upon the disagreeing votes of the two Houses on the bill (H. No. 1335) to declare the country north of the North Platte River and R. No. 3749) making appropriations for sundry civil expenses of the east of the summits of the Big Horn Mountains, in the Territory of Government for the year ending J nne 30, 1877, and for other purposes. Wyoming, open to exploration and settlement, and for other pur-· The messa~e also returned, in compliance with the request of the poses. House, the btll (S. No. 872) for the relief of the family of the late The bill was read, as follows: John T. King and of L. B. Cutler. Be it enacted by the Senate and House of Representatives of the United Stales o.f The message further announced that the Senate had passed bills of America in Congress assembled, That all that portion of country north of the North the following titles; in which the concurrence of the House was re- Platte Riyer ~ncl east of the summits of the .Big Horn Mountains, in the Territory of Wyommg, 18 hereby declared to be open to exploration and settlement; and the quested: true intent and meanmg of the treaty with the Sioux Indians, concluded April 29, A bill (S. No. 978) extending and continuing the act entitled "An H!68, is declared to be that white men are not excluded thereby from traveling over~ act to provide temporarily for the expenditures of the Government;" exploring, or settling upon any portion of the Territory of Wyoming not includea and · within t.lie boundaries of the permanent reservation established for said Sioux In- dians by the second article of said treaty of April 29, 1868. A bill (S. No. 979) to extend and continue the act entitled "An act Prwided, That nothin~ herein contained shall be construed to impair the rights to continue the public printing." of the Indians to hunt Wlthin the limits of t,he Territory mentioned in this act. The message also announced that the Senate had passed, without Mr. BURCHARD, of Illinois. Mr. Speaker, I understood the amendment, bills and a joint resolution of the following titles: agreement yesterday was that this day should be devoted to the con- A bill (H. R. No. 1668) to supply an omission in the enrollment of sideration of private bills. the deficiency bill approved March 3, 1875 ; , The SPEAKER pro tempore. The agreement made yesterday was A bill (H. R. No 3200) to change the name of the steam-barge Dol- that private bills should be considered to-day, but not until the ex- phiq, of Clayton, New York; and piration of the morning hour, and that at the expiration of the Joint resolution (H. R. No.134) donating two cannon and carriages morning hour it would be in order to move to go in the Committee of to the warden and burgesses of Stonington, Connecticut. , the Whole on the Private Calendar. The understanding was distinct MILITARY EXPEDITION AGAINST THE L~IANS. that the morning hour should remain intact. Mr. BANNING. I ask unanimous consent to submit for adoption Mr. FORT. I should like to make an inquiry. now the following resolution : The SPEAKER pro tempore. The gentleman from California is en- Resolved, That the Secretar.y: of War be, and he is hereby, directed to report to titled to the floor. the House the object of the military expeditions under Generals Crook and 'ferry .Mr. FORT. I should like to ask the gentleman from California. who now operating against the Northwest Inclians and the circumstances leading to reported this bill whether the intention of this bill is to open up to their necessity, with copies of all correspondence bearing npon tha origin of the settlement this Black Hills country t expedition; aiso copies of all military orders issued by the-War Department direct- ing these expeditions. Mr. PAGE. This bill simply provides that a portion of the Black Mr. YOUNG. I object. I have a resolution I desire to offer .in lieu Hills country east of the Platte River shall be open to exploration by of that. miners and other parties who may desire to explore the country for Mr. PAGE and others called for the regular order. the purpo e of developing its rich mineral resources. If the House desires any fuller explanation in respect to this matter, I will yield for RESERVATION OF THE SIOUX NATION. ten minutes to the gentleman from Wyoming, that he may explain to Mr. BOONE. I rise to a privileged question. Several days ago I the House this whole subject. · entered a motion to reconsider the vote by which the bill (S. No. 590) Mr. FOR'l'. I hope, theu, the gentleman from Wyoming will state providing for an agreement wi~he SionxNationinregard to a por- whether the present Indian war was brought about by the explora- tion of their reservation~ and for other purposes, was recommitted to tion of this country, and whether this bill is to open up to settlement the Committee on Indian Affairs. the country which they are now fighting about 1 I desire at this time to call up that motion and have it disposed of. :Mr. STEELE. Mr. Speaker, I do not think the question of the gen- 1876. CONGRESSIONAL RECORD-HOUSE. 4471 tleman from lllinois [Mr. FORT] as to how this war originated has Mr. Speaker, some further words are necessarytocompletethe state- any bearing on the bill now before the Honse; but I desire to say, in ment which the gentleman from Wyoming [Mr. STEELEl has just reference to this Indian war now being carried on against hostile made. The Sioux, who are the cause of this disturbance ill the North- Sioux and in regard to military operations in that country, that it is west, have never been upon a reservation. Sitting Bull has had no not a fact, a-s is sought to be stated, that the military or the Black treaty with the United States at any time, but having the control of Hills miners are responsible for the war, that the impression is not a few hundred savages has been marauding and murdering both In- tru.e that is sought to be created that this is an operation by the mil- dians and white people in that region for a number of years. Now itary arm of the Government, without any reference to what is known it became necessary to cause this marauding and murdering to cease, as the peace policy of the present Administration in dealing with the and the Government, perfectly ri~ht in its functions and the exercise Indians. thereof, last fall sent ~:~couts to thlS Sitting Bnll, demanding that he In 1S68 the United States made a treaty with the Sioux Nation of should appear upon a reservation at a given time or he would be Indians which was a mistake, a grave mistake, if not n. national dis- forced to appear. He did not appear, and therefore the expedition honor and a national disgrace. That treaty to-day is the foundation under the charge of General Crook wa-s fitted out against him. That of all the difficulties we are having in the Sioux country. It is the expedition was not successful for reasons it is not necessary here to cause of the death of the gallant Custer and his men up the Big Horn detail. It was repulsed with great loss. This very naturally excited country fighting those Sioux Indians. Sitting Bull and his band, who at once came to the conclusion that Do the facts justify that statement t Let us see. In 1866 General they were able to contend with all the power of the United States. Pope, then commanding that department, established the posts of Now the gentleman says that this chief has received re-enforcements Phil Kearney, Reno, and C. F. Smith to open the road to Montana, from the bands that have been fed by the United States on reserva- to protect its people and the western emigrants, and protect the tions. That is a literal truth, but, Mr. Speaker, for a very different friendly Crow Indians and the Crow country from incursions and rea-son than the gentleman bas assigned. The fact is that these raids of the hostile Sioux. In establishing those posts and in opening Indians, with whom we have made a solemn treaty that their terri- that route many men were killed, citizens and soldiers. Notably tory should not be invaded and that they should receive supplies among the events which took place was the massacre of Fetterman upon their reservations, have seen from one thousand to fifteen hun- and his command, ninety-six men and officers all told, at Fort Phil dred miners during the present season entering and occupying their Kearney. Yet, after those men had sacrificed their lives, before any territory, while the Indians, owing to the failure of thiR and the last punishment hl\d been inflicted on those savages, who respect nothing Congress to make adequate appropriations for their subsistence, in- in the world but physical force, the Government went to work and stead of being fattened, as the gentleman says, by the support of this made a treaty by which it ignominiously abandoned that country to Government, have simply been starved. the savages, dismantled its own posts, and left the bones of the brave These are the first causes of their complaint. These excited t.he men who bad laid down their lives in the defense of their country's young men among them, and then, as yon all know, the subsistence flag in that wilderness. whicl;l had been eked out at diminished rations failed entirely by the Sir, was it to be wondered at under these circumstances that Sit- 1st of April last, obliging this Congress to make another appropriation ting Bull and the men under him believed they were superior to the in order to carry the supplies to the end of the present fiscal year. But General Government and that the General Government was unable that appropriation was so small that before the 1st of July was reached . to conquer them' Why, sir, any mau who knows anything about .the last pound of food was rea.dy for distribution, and Congress has the Indian nature and the characteristics of the Indian people knows been obliged again in this temporizing and shiftless way to continue the legitimate result of that cowardly policy of "peace at any price" the supplies for a few days longer by special appropriation to meet was only to defer the evil day that has now come upon us. Since the present emergency. Added to this, as we are assured by reports that time, since the making of that treaty, constantly have the Sioux of officials of this Government, the word has gone abroad among the depredated upon t.he frontiers of Nebraska, Wyoming, and Montana. Indians that it is proposed to transf"r them to the War Department, More men have been slain there in the peaceful avocations of civil which means, as the Indians have interpreted it, that the Govern- life, and no murmur ha-s been raised in reference to them, than fell ment intends to withdraw its protection from them and give them under the gallant Custer on the 25th of last month on the Big Horn. up to extermination under military rnle. Now, the consequence of The friendly Crows have been raided npon with every fnll moon. So these facts, together with the excitement caused by the failure of with the Shoshones and so with the Pawnees, and at last these out- General Crook's expedition, has been a wild restlessness and discon- rages became so great and so long continued that even the peaceful tent which have spread more or less among all the Indians of that re- Indian Bureau could stand it no longer and it called upon the mili- gion, and though it is credibly reported that Red Cloud and Spotted tary arm of the Government to punish those men. In carrying ont Tail have succeeded, at the agencies which bear their names, in keep- the request of the peace department of the Government, in comply- ing the main body of their forces in order, it is. well ascertained that ing with the wish of the Interior Department and thP Indian Bureau many other Indians from other reservations and perhaps some from expressed in 1873 and again in the report mu.de to this present Con- these have gone to ,join the force of Sitting Bull. gress, these gallant men under Custer have been sacrificed in tboBig Mr. MILLS. Will the gentleman allow me to interrupt him a mo- Horn ravines. The war that is now upon us should have been prose- mentT cuted in 1868. The Sioux should then have been made to feel the Mr. SEELYE. 'fhis is the literal truth, and it is important that power of the Government and to respect its authority, and we should we shonld understand it. The Indians have doubtless exaggerated not now have this war on our hands, because we counted dollars of some of the difficnlties which are to be experienced by this transfer. more importance than national honor and the defense of our frontier It is not strange that they should exaggerate them. Wild, rude, we did not punish those Indians at that time. ignorant as they are, it is quite to be expected that they would ex- What are the facts in reference to these Indians and are all the aggerate. But the literal fact is that they, ~etting word that they agency Indians on their reservation f We have seen reports from were to be transferred to the care of the Military Department, and Indian agents and Indian inspectors in the papers every day that all having these other sources of discontent which I have named, have these agency Sioux have positively remained upon their reservations become restless, and the Cheyennes and the Arapahoes have taken to and only desire to be well treated to remain at peace. I was np in the war-path, and are probably now re-enforcing Sitting Bull. He that count.ry last year at the time the commission was there attempt- with his few hundred warriors could have withstood no such force as ing to negotiate a treaty with t.h e Sioux, and at that time the Young- went against him under Custer. These exact facts Congress an~ the roan-afraid-of-his-horses, the hereditary chief of the Ogallalla tribe country should well understand. and the man who by birth is entitled to rule over all that people, told Mr. PAGE. This bill reported from the Committea on Indian Af- me there were- not in that northern country under Sitting Bull and fairs has no reference at all to this Indian war. All this discussion is Crazy Horse and other chiefs to exceed from one to two hundred out of place. It simply provides that the country east of the Big Horn lodges, which would not have given them over eight hnndred fight- Mountains and north of the North Platte River, in the Territory of ing men all told. Yet the report we get now is that eighteen hundred Wyoming, shall be opened to exploration and settlement. In 1868 a lodges were there, giving about thirty-five hundred to four thousand treaty was made with the Sioux Indians and a reservation was set fighting men in this encampment or village which General Custer apart consisting of 25,000,000 acres o;f. land. The treaty also pro- struck. Where did those men come from to increase that number vided that the Indians should have the right to hunt on the lands from one to two hundred lodges up to eighteen hundred lodges f outside of the reservation. The bill now under consideration only They came, sir, from the agencies, where they had been fed and fat- provides that the portion of country described in the bill shall be tened by your Government, where they had been better armed than open to exploration by miners. It is a rich mining country. . your soldiers; they came from those reservations to fight your troops, Mr. BURCHARD, of Illinois. Will the gentleman allow me a ques- and, if yon maintain your present policy, they will go back to their tion! agencies as soon as the snow falls to feed themselves and their ponies Mr. PAGE. Yes, sir. , and prepare for new depredations in the spring. Justice to your sol- Mr. BURCHARD, of illinois. I find that the treaty of 1868, to diers, justice to your frontier settlers, the honor of your ftag, demand which reference has been made, guarantees on the part of the United that these reel-handed murderers shall be punished and made to feel States- the power of the Government, and. that we shall not continue a sys- That no white person or persons shall be permitted to settle upon or occupy any tem of government for the Indians by which these hostile Sioux may portion of the same; or without the consent of the Indians, first had and obtained, return to the agencies to be fed aud pampered after slaugh tiering and to pass through the same. · . murdering your troops and your citizens. That applies to- Mr. SEELYE rose. The country north of the North Platte River and east of the summits of the Big Mr. PAGE. How long does the gentleman want ! Horn Mou11tains. · Mr. SEELYE~ About five minutes. That seems to be the identical country described in the bill. __ __ ,_..,. ....,.. 4472 . CONGRESSIONAL RECORD-HOUSE. JULY 8, Mr. PAGE. I do not yield for a speech. operate to prevent the exploration by citizens of the United States of Mr. BURCHARD, of Dlinois. I merely sug~est this to the gentle- that country T I think that that certainly was not the object of the man for the purpose of obtaining an explanatiOn. treaty. The eleventh article precludes the idea. 1\Ir. PAGE. The portion of country embraced with:in the provis- Mr. KASSON. The eleventh article of the treaty is consistent with ions of this bill is not affected by the treaty from which the gentle- the sixteenth. By the eleventh article of the treaty the Indians relin- man has just read. The treaty provided that a reservation of 25,000,000 quished the right to occupy permanently this country, but retajnerl acres should be set apart for the Sioux Indians. Under this tr~aty no the right to hunt buffaloes there; but the United States agreed that white person has the right without the consent of the Inilians to east of the Big Horn Mountains and north of the North Platte River travel over that country. But the country this bill is intended to no white man should be permitted to settle on or pass through the cover is out.side of the reservation altogether. country wit.bout the consent of the Indians. Mr. KASSON. Will the gentleman from California allow me to Mr. .MAGINNIS. I desire to ask the gentleman a question, and it read article 16 of the treaty f It is as follows: is whether the country east of the Big Horn Mountains and west of The United States hereby agrees and !'tipulates ~t the country_ north of the the North Platte River does not belong to the Crow res~rvation, and North Platte River and east of the summ1t.s of the Big Horn Moun tams- whether this late battle fought by Sitting Bull was not fought upon Which, I remark, is the country described in the bill in identical the Crow reservation 1 modes of expression- Mr. PAGE. I cannot yield for war talk. I want the House to con- shall be held and considered to be unceded Indian territory, and also stipula~ sider the bill under consideration, and all I have to say in conclusion and agrees that no white person or P.ersous shall be permitted to. settle upon or oc- is that it seems to me that the eleventh article of the treaty is per- cupy any portion of the same; or w1thout the consent of the lndJ.aDs, first had and fectly conclusive upon t.his point. I do not see why fue House should obtained, to p868 through the same. desire to prevent explorations by citizens of the United States of a The point now to which I wish to call the attention of the gentle- large tract of country rich in mineral resources merely because the man from California is that the bill does affect t.he treaty in declaring Indians claim the right to hunt buffalo on it. Now, the bill provides the true intent and meaning of that treaty to be- that it shall not be so construed as to prevent the Indians from hunt- That white men are not excluded thereby from traveling over, exploring, or set- ing buffalo in this country; but I believe myself that there are now tling upon, any portion of th~ Territory of Wyoming not included within the no buffalo in that section of the country, and therefore it seems to boundaries of the permanent reservation, &c. me that the Government should give authority to the miners and The point I want to get at. is, that if I read the bill aright, and that frontiersmen who desire to explore the rast mineral resources of if I read the sixteenth article of the treaty aright, the bill directly their country to go there and to go there under the authority of law. repudiates the t.reaty. The SPEAKER pro tempore. The Chair will state to the gentle- The SPEAKER pro tempm-e. Does the gentleman from California man from California that the previons question was called and sus- yield further T • tained upon this bill when it was la.st under consideration, but it :Mr. PAGE. I do not. Now, in reference totbeqnestion propounded went over upon a demand for the reading of the engrossed bill, when by the gentleman from Iowa [Mr. KAssoN] I desire to say that the the morning hour expired. The bill is now ready for its third read- bill only contemplates thrqwing that portion of the country open to ing and passage, and is under the control of the gentleman from Cal- exploration-- ifornia, [Mr. PAGE.] Mr. KASSON. "And settlement," the bill says. Mr. PAGE. I do not like to call the previous question on the pas- .Mr. PAGE. Which is outside of the Sioux reservation. sage of the bill so long as any gentlemen express the desire to Mr. LANE. Let me call the attention of the gentleman from Cal- speak upon the bill. I now yield for a moment to the gentleman ifornia [Mr. PAGE] to article 11 of that treaty. from Illinois, [Mr. HARRISON.] Mr. PAGE. I will read it. Article 11 provides: Mr. HARRISON. I wish to ask the gentleman from Massachusetts In consideration of the advantages and benefits conferred by this treaty, and the [Mr. SEELYE] one single question. The gentleman from Massachu- many pledges of friendship by the United States, the tribes who are parties to this setts asserts that the Indians who have come from the reservations, a~ment hereby stipulate that they will relinquish all right to occupy perma- nently thn territoJy out& de their reservation as herein defined, but yet reserve the who aided Sitting Bull to destroy Custer, were not those fattened at ri~ht to bunt on any lands north of North Platte, and on the Republican Fork of those reservations, but those who were starved and have been tanght, the Smoky Hill River, so long as the buffalo may range thereon in such numbers by the action of this Honse in transferring the management of In- as to justify the chase. .And they, the said Indians, further expressly agree, &c. dian affairs from the Interior to the War Department, that they were Mr. KASSON. Now will the gentleman read t.he sixteenth article henceforth to be under the control of the War Department. That I in connection with that t understand to be the gentleman's position. Now, I wish to ask the Mr. PAGE. As I said before, this bill only contemplates throwing gentleman if he understands that the Indians on these reservations open to exploration that part of the country embraced in article 11 have been taking the RECORD, to get the information a.s to this move- of the treaty. It was never contemplated by the commissioners ment with such wonderful rapidity. making this treaty that all of the country east of the Big Horn Mr. SPRINGER. The bill has not passed the Senate. Mountains and outside of this reservation should be forever kept ex- Mr. PAGE. I did not yield to the gentleman from illinois for r clusively for the Indians, and that white men should be excluded speech. from exploring the mineral resources of that country. No such thing Mr. HARRISON. The Chair gave me the floor. was ever contemplated. . The SPEAKER pro tempore. The gentleman from Illinois has the Now, the bill tmder consideration simply provides that this part of floor by the pel'Inission of the gentleman from California. the country referred to in the bill outside of the Indian reservation Mr. SEELYE. The gentleman has asked me a question. Does he shall be open to exploration. It is a country rich in mineral lands, desire an answer' and it seems to me that it would be wrong to close this country to .Mr; PAGE. I have the floor. the citizens of the Unit:.ed States who desire to go there for the pur- Mr. HARRISON. No; I have the floor, recognized by the Chair. pose of exploration; it is but just that this country should be thrown The SPEAKER pro tempore. There was no discussion after the open to exploration. previous question was ordered the other day. The bill is now upon Mr. KASSON. .But according to the bill it is also for settlement. its third reading and passage, and is of course unuor the control of Mr. PAGE. Why nott Is there any objection to its being thrown the gentleman from California. The Chair does not understand the open to settlement T gentleman to have surrendered the floor at any time, but to have .M.r. KASSON. I have read the sixteenth article of the treaty, which yielded to other gentlemen, as he deemed best. The Chair understood says that no white person shall be entitled t.o settle there or to pass the gentleman from California to yield to the gentleman from illinois, through the country without consent of the Indians. [Mr. HA.ruusoN,] whereupon the Chair recognized the gentleman from Mr. ·PAGE. But there is an amendment to the bill which provides Illinois. against the Indians from hunting in this territory . Mr. HARRISON. I rise to a question of order. The gentleman .Mr. KASSON. I think the gentleman does not desire to make the from California [Mr. PAGE] took his seat- bill con:flict with the provisions of the treaty, but it expressly opens Mr. PAGE. I yielded to the gentleman from Dlinois [Mr. HARRI- this country to exploration and settlement. so~~J to ask a question. He came to me and asked me to yield to him Mr. PAGE. Exactly. one minute to ask a question of the gentleman from Massachusetts, Mr. KASSON. This same treaty provides that no white man shall [Mr. SEELYE.] be permitted to settle in this country north of the North Platte River Mr. HARRISON. You have not yielded to me for a second. and east of the Big Horn Mountains, Mr. PAGE. I now resume.the floor. Mr. PAGE. Without reference to the reservation f Mr. HARRISON. I rise to a question of ·order. The gentleman Mr. KASSON. If that was so, why does article 16 say that the from California said, "I am now through, and if there is any other country north of the North Platte River and east of the Big Horn gentleman who wishes to address the House on this subject I will. Monnt~ins shall not pe settled upon by white men! yield to him;" and thereupon the Chair recognized me. Mr. PAGE. That is the reservation itself. ~ Mr. PAGE. Not at all. Mr. KASSON. No; the reservation lies farther ea~t; but this em- Mr. HARRISON. I know that was so. braces the whole country north of the North Platte River and east of Mr. PAGE. I said I would make a few remarks myself, and would the Big Horn Mountains. then yield the floor to some gentleman if he desired to discuss the bill. Mr. PAGE. It seems to me that article 11 of the treaty ought to The SPEAKER pro tempore. It is not worth while for gentlemen be conclusive on that point. The Indians themselves only reserved on the floor to discuss this point. The Chair has decided that the the right to hunt buffaloes in this country if there should be any gentleman from California [:Mr. PAGE] is entitled to the floor.. and there. Why should that article be so construed by the House as to can control it as he will. 1876. CONGRESSIONAL RECORD-HOUSE. 4473 Mr. PAGE. I yield to the gentleman from Ohio [Mr. LAWRENCE] Mr. HA.LE. Let me say one word more. As I have said, I do not for three minutes. pretend to have exact information upon details; but the occurrences Mr. LA.WRENCE. I presume I am in the condition of many other of the last week have profoundly impressed me with the necessity gentlemen on this floor. I am not sufficiently informed to vote un- that there should be established by the Congress of the United States derstandiugly. It seems to me that this subject should be referred some defined policy on this que tion, that shall be pursued long en- to the Committee on Indian Affairs with instructions to report to the ough to settle whether or not it is efficient ; a policy that shall not House all the facts, so that we may vote intelligently. be continually changing: this year peace, the next year war; this If I understanrl the facts correctly as they have been represented year treaty, the next year encroachment; this year yielding to the to me they are these; I will state them so that I may ascertain whether Indians for the ea.ke of peace, the next year encroaching on what we I correctly understand them: In 1868 a treaty was made with these yielded the year before. So long as that continues, so long as these Indians, by which it was agreed that white citizens should not settle fluctuations occur, we shall, when our troops are· found at a disad- in this territory now occupied by the Indians. In violation of that vantage as they were the other day, have the melancholy slaughter treaty citizens of the United States have gone into that territory .with that has confronted us here. a view to mining operations, and the Army has been sent there to Mr. PAGE. I yield three minutes to the gentleman from Massa- protect those citizens who have gone there in violation of the treaty. chusetts, [Mr. SEELYE.] • That has led to this unfortunate war. Mr. SEELYE. Mr. Speaker, the Army is wisely wbere it is in the Mr. R.AlH)A.LL. Who sent the Army there f Northwest. This Government would have been derelict to its duty Mr. LAWRENCE. I suppose the gentleman underst:mds that. had it not placed a military force there and for precisely the purpose A MEl\:JBER. Not the Committee on Appropriations. that this military force went to accomplish. Here was that wild, Mr. LA.WRENCE. This, according to representations which I have lawless, savage chieftain marauding upon and murdering neighbor- hea.rd, has led to this unfortunate war by which the lives of some of ing Indians and neighboring whites. lt wa.~ necessary that he should our best, truest, bravest, most valuable, fait.hful officers and men have be subdued; and it was entirely within the power as it was rightly been sacrificed. Now, if this be a correct statement of the facts, then in the province of the military force there to subdue him. I say the it is our duty to call back the Army and to r·ve notice to the men who Government wot;Ud have been derelict to every duty had it not or- are there to vacate the territory. We wil then be in a position in dered him to be subdued. Now why was he not subdued f The only which we can treat with the Indians upon this subject. I do not reason is that he received re-enforcements from these Indians on the know t.hat I have stated these facts correctly, but I have stated them reservations. Why did he receive them Y The answer to that is three- as I have understood them from several sources. I desire to learn fold, and it is very simple, and I will repeat it briefly, though I have from some member of the Committee on Indian Affairs what are the already given it once. exact facts in this case. If we are the aggressors; if we have un- In the first place, we have not fu)filled the solemn treaty that we necessarily provoked this war; if we have undertaken to protect made with the Sioux for ceding to them the Black Hills. We cov- our citizens in invading a tenitory where they have no right to go; enanted that they should be kept in possession of the Black Hills if we have sent our Army t.bere to protect them in an unlawful tres- country; that a single white person should not go there. In defi- pass, then we are in the fa.ult, however unfortunate the consequences ance of that covenant, from a thousand to fifteen hundred miners are have been, and it is our duty to recall our Army and do what is right. there. This has especially excit.ed the Sioux. In the next place, we I wish distinctly to say I do not affirm that the facts are as I have have failed to fulfill our treaty stipulations in supporting these Sioux. heard them represented. 1\Iy purpose is to ask for information. The last Congress did not appropriate enough for their subsistence. It is fair to presume, and I do presume and believe, that the mili- This Congress has failed to supply that deficiency. Instead of feed- tary operations which have resu1ted so disastrously have been direct- ing them, we have been starving them. The consequence is that ed by a justifiable necessity for sufficient reasons, and must be fully they have become unsettled, as we might expect they would. authorized. I have confidence to believe that the Interior Depart- The third difficulty-and I say this in reply to the gentleman from ment and the War Department have takennounnecessaryorunjusti- lllinois, [1\Ir. HARmSON,] who seems so anxious to ask a question fiable step. And we know beyond doubt that the brave and good which he seems to be very unwilling to have answered-the third and daring Cust-er and his brave and good and daring men acted in difficulty is the fact (whether these Indians, as he suggests, read the the line of duty in obedience to orders. History will do them justice, CONGRESSIONAL RECORD I will not inquire) that according to official and I shall venerate their names and cherish their memories. reports lately received by the Government from it-s agents, who have Let ns know the facts so that we may act understanuingly on the been sent there to make inquest respecting this very matter, the In- measure before ns. Under all circumstances let ns abide by our trea- dians at these agencies have in some way learned that it is proposed ties and never let it be said we have done a wrong to any portion of by this Government to turn over the care of them to the War De- the Indian race. partment, and they have come to suppose that that means their ex- Mr. PAGE. I now yield to the gentleman from Maine'[:Mr. HALE] termination, as I suppose it does. But the simple fact is that, how- for three minutes. ever they have received the information, they have received it-of Mr. HALE. I do not claim to know very much about the details this we have positive statement-and the consequence has been that of these different treat.ies. But I have heard enough and seen enough the Cheyennes and Arapahoes have gone to swell the hosts of Sitting . here, as the different articles of the treaty have been read and as Bull, while it is also possible that from Red·Cloud and Spotted Tail the bill which is introduced and urged by the gentleman from Cali- agencies others have also gone. These are truths which I should not fornia [Mr. PAGE] has been discussed, to tell me that this is the old, repeat a.g ain, but they seem to be ignored, and they ought not to be old story. .A. treaty is made at a given time with a tribe of Indians; un- forgotten. der that treaty vast tracts of ]and, which at the time are deemed to be Mr. PAGE. How much time have I remaining 7 inaccessible and which are deemed for the far future to be unneeded, The SPEAKER p-ro tempore. The morning hour will expire in seven are ceded to the Indians for the sake of peace. Afterward it comes minutes. about, iu t.he push that is constantly made upon our borders by the .Mr. PAGE. I yield three minutes to the gentleman from Illinois, frontiersmen of the West, under the lead of the hardy men there [Mr. HURLBUT.] who will not be controlled or restrained, this tract of land, ceded by Mr. HURLBUT. Mr. Speaker, in the presence of the great calam- treaty in years past to the Indians, is invaded, is sought to be occu- ity which has fallen upon the country it is nearly time that this House pied, and sought to be improved-. of Representatives should consider this question on a broader basis Then comes up the same old conflict that has been going on in this than as simply a quarrel between different sets of men as to who shall country for three hundred years between the advance of civilizatiop, administer Indian affairs. I regret to have heard as I came io here pushed forward by the frontiersmen, and the aborigines whose limit- just now the remarks of the ~entleman from Ohio, [.Mr. LAWRE~CE,] ations are gradually being circumscribed; and at last there is a con- which I believe are substantially a repetition of the speech he made flict. The demand of the frontiersman is resisted by the Indians. before the Methodist conference in Baltimore. [Laughter.] He The rest1lt .is that you have such an exhibition of war, of resistance, speaks, as I think, upon this matter without knowledge, as he spoke of slaughter as occurred the other day, and which cannot fail to move then without knowledge when he said that at this end of the Capitol the human heart to sympathy for the gallant men of our Army, many there was neither Christianity nor civillza,f.ion. [.Lan~bter.] of whom have gone safely through great wars that have convu1sed Now, sir, it is right for this House to know in the first place that all civilization, to be at last struck dowu in a petty Indian fight. these military operations which have resulted in the disaster that we This involves all the great questions which have come up on this In- all regret were not conducted against any tribe of Indians with whom dian matter for years past. I do not know that there is any way to this country has ever had any treaty relations. This northern tribe prevent such bills as are ofl'ered by the gentleman from California of Sioux has never been in any relation to the United States except [Mr. PAGE] coming up year by year by which we are continually that of a declared enemy. This movement of troops was necessary encroaching upon and circumscribing the Indian limitations. One and right, and was demanded by those at present controlling Indian man says, or a hundred men in the Territory say, that the only way matiers in order to bring these men AGE. It is not according to the understanding. vation to the United States. The United Stat-es also stipulated and The SPEAKER pro tempore. The morning hour ha expired; a.nd the agreed that "no white person or persons shall be permitted to settle gentleman from Tennessee [Mr. BRIGHT] calls for the regular order. upon or occupy any portion of the same." Mr. PAGE. I would not have yielded the floor, but would have Mr. PAGE. Wi1l the gentleman allow me-- called for a vote on the bill before the morning hour expired, if it had Mr. KASSON. Not now; let me finish my statement. You have not been the distinct understanding that I should have the right to just heard that the United States, in considerA,tion of this agreement resume the floor at the termination of this debate. with the Indians about the building of railroans and the maintain- Mr. BRIGHT. The gentleman from New York [Mr. Cox] wants ing of peaceful relations with the whites, &c., made t.he agreement five minutes to speak upon this bill, and he proposes to call for the with the Indians that "no white person or persons shall be permitted re(J'ular order at the end of that time. to settle upon or occupy any portion of this land," or, ·without the ifr. MAGINNIS. And at the conclusion of his remarks, I would consent of the Indians first had and obtained, to pass through the like to have .five minutes. same. Now you have the provisions of the treaty, signed by the ~fr. CONGER. I call for the regular order. I have been struggling chiefs of these bands of the Sioux and by the commissioners of the for that all the morning. United States, and actevern- Where is the man who dares to say that it was not only the right mont, whose a~eut is the sole cause of this loss, _your committee hold that if any but the duty of the United States to follow the tiger to his lair, and one is to be the loser, on every principle of justice and law it should be the Gov- to prevent his future ravages of peaceful settlers and friendly allies. 6Inment, which alone is in default. Nor will the Government lose anything, for t·here is no question but the claim- The Government has been slow to move, God knows, and the shad.ow ant-s affixed the stamps; the tobacco and stamps went abroad, and if, in fa<'t. they of its :flag but a mockery of the protection that it owed to its people. were not destroyed, the fault was solely that of the Gi>vernment's a~ent. who by Who shall question the justice of the pursnit of these outlaws, or his official report made on the very day of the shipment showed a aestruction of claim that men could have died in any higher or holier cause than tho stamps, thereby lulling to security the shlppers and inducing them to let the cargo depart without further act or any suspicion on their part. our brave cavalier and his troopers on the Yellowstone plains. Who The plain duty of the Gi>vernmentin such case is to pay the citizen and deal with shall claim that his murderers-the murderers of so many others-shall the delinquent official. go unpunished. Sir, the Custer family died at the head of their col- The amount actually paid by t.b e claimants for stamps was $400.20, and this un- umn. The Republic will keep their memory green. TheiP Army as- der the law was the amount of drawback to which they were entitled. But it ap- pears from the papers in the case that the amount claimed is only 200.10, which 1s sociates are devoted and willing, and the power of this Government to be attributed doubtless t7. 71 than the amotmt claimed. 11 The substance of the testimony of the several witnesses examined is then setout "The record does not disclose the names of the officers constituting the board, and the conclusion of the board is stated in the following words ann figures, to wit: nor when and where they sat in judgment on this case. The examinations are at- "J. A. McAllister, cotton merchant, and resirlent of Nashville, Tennessee, testi- tested by J. J. Donnelly, captain Fourteenth Michigan Volunteers, who subscribes fies that during the month gf Auguat 1862, he had in store at his warehouse two himself recorder of the board. The witnesses appear to have been sworn, but by hundred and twelve bales of cotton belonging to Spence & Sperry, marked S. & whom it does not appear. Their names are aa follows: J. A. McAllister, N. K. Co; one hundred and four bales belonging t() C. A. Fuller, marked W., and sixty Griffin, N. E. Alloway, and C. C. Comstock. They were examined on behalf of the bales belontrlng toW. G. Elliot, ma.rked W. E., in all three hundred and seventv- claimants and by the board. The theory of the board was that the cotton, that aix-; that said three hundred and seventy-six bales were taken by orders of Gene- which was missing, was to be paid for by the ruling price at the time it was re- rals Rousseau and Negley, about the 5th and 24th days of September, 1862, for use moved from the fortifications, three months after its original seizure, and not its on the fortifications at Nashville, Tennessee; that the said cotton-bales were used value at the time of the seizw·e at the pla~e of the seizure. We say such was the the- on the fortifications about six months; that but eighty-seven bales of the lot marked ory, for in looldng over the testimony but one question seems to have be~n asked W., and two hundred and forty-one bales and one bag of the lots marked W. E. as to its value at that time; and the finding of the board discloses that its value and S. & Co., were returned, which lea'\'es twenty-seven bales to be accounted for; wasa.<~sessed at the last-named period. When taken, cotton at Na hville was worth that Butler, Miller & Co. purchased the whole lot of three hundred aml seventy- only twenty-three cents per pound; when restored, it was worth from fifty to fifty. six bales, belonging to Spence & Sperry, Fuller & Elliot, while it was being used five cents per pound. in the fortifications, except a few bales that bad been returned before the purchase "With this general statement of the·case we come to the facts as established by was made, th~ above-named parties transferring the receipts obtained of the mili- these witnesses. tary authorities for the three hundred and seventy-six hales above mentioned to "McAllister, the first wituPss, swears that be was a cott.on merchant of Naah- Butler, Miller & Co.; they (Butler, Miller & Co.) to stand in their (Spence & SpeiTy, ville, and during the month of August, 1862, had stored in his warehouse- Elliot & Fuller) place as to claim on the Government for loss or da.maed as it was in the for- " The board, therl\fore, concludes that three hundred and seventy-six baJes of tifications in its 1l:lmaged condition, does not clearly appear; nor does the board cott.on belonging to Spence & Sperry, W. Y. Elliott & C. A. Fuller, were taken seem to have thought that an important question, for but one question was asked and used on the fortifications at Nashville, Tennessee; that while ~;aid three hun- on tbe subjfct; nor was but one question asked aa to the price of cotton in Nash- dr~cl and seventy-six bales were being so used they were purchased by Butler, ville at tJ1e tin1e t.b is seizme took place; and this same witness swears that be knew Miller & Co., {except a few bales which were purcha.~ed after being returned to of but one sale about that time, of a lot of sixty-eight bales, which sold at twenty· the warehouse;) that forty-seven bales of said cotton were never returned to But- threo cents pe~ pound. But he adrl.s that there was no transportation for cotton at ler, Miller & Co., and one hundred and thirty-four bales were dama2:ed while beinrr that time, and consequently there was no market price. used in the fortifications as alleged and to tile extent alleged, namely: Forty-four "When questioned as to its price when the cotton was returned, he says there bales damaged one cent per pound; sixty-eight bales, fom cents per pouncT; and were two or three sales of cotton after this at fifty-five cents per pound, but bow twe£ty-two bales, one and one-half cents per pound ; that McAllister's bill (Exhibit long after he does not say. D) is correct and just, except that he cllarges on three hundred and twenty-seven ''Mr. Griffin, the next witness, a t()booco and cotton factor of Nash rille, assessed bales and one ba!!, when be should charge repairs on only one hundred and ninety- the damage.'! Qn the returned cotton, in connection with N. E. Alloway, while it was tlirce bales; the repairs on the other one hundred ancl thirtv-four bales and one in the warehouse of J. A. McAllister & Co. bag being provided for in the assessment of damages; that William Lyon's bill for "On forty-four bales, at one cent per pound. rope, bagging, &c., (Exhibit D,) is not to be allowed, except so much of it as would "On sixty-eight bales, at four cents per pound. upon an average be required to repair the one hundred and ninety-three bales upon "On twenty-two bales. at one and one-half cents per pound. which damages were assessed; that Butler, Miller & Co.'s charge of fifty-seven "The dama_!!e consisted in much of it being rotten, wet, and soiled with mnd. The cents per pound for the cotton that was lost in the fortifications is too much, fifty- rope and bagging were oft' a good many bales. five cents per pound being the price established by the evidence. The following "The cotton usecl on the fortifications waa returned ro the warehouse from the ~3d of November to the 23d of December, 1862, and was hanlecl by draymen at 1 ~}~~mt!~t sets forth fully what, in the opinion of the board, the claimants are en- per bale. The market price a.t the time it was returned was fifty-five cents per United States to Butler, Miller cf: Oo., Dr. pound. "Mr. Alloway says the assessment of the damages was made in January. He Tl! 47 bales of cotton taken by military authority amlnotreturned, weigb- was one of the appraisers, and had been in the cott~n commission busine s. He mg 21,277 pounds1 at 55 cents per pound" . ............................ $11, 702 35 agrees with Mr. Griffin as to the nature and extent of the damage done the cotton, To reparring 193 brues of cott..o11, at 25 cents per bale t ........... _...... 48 25 but fixes the price at from fifty to fifty-five cents. The principle of the a.~sessment To rope, bagging. and twine for repairing 193 bales, at 76 cents per bale t-- 146 78 was ro affix the amount per bale to make it perfect an1l in good shioping order. To storage on 327 bales, at Sl per bale ......................... _.. .. .. 327 00 This assessment was made at the request of McAllister & Co. • To drayage on 283 bales; that is, 121 bales, at St. 25 per bale ..... $151 25 "C. C. Comstock, the last witness, Rpcaks only to the point of the cost of there· 91 bales, at$1 ... _............ 91 00 pairing done on the bales and the cost of the rope, twine, and bagging. And this 71 bales, at 50 cents.......... . 35 50 concludes the testimony taken by the board. ~ 277 75 "The claimants, with one exception. were not examined, and we are without anv light~ except that furnished by Spence, who gives us his impres ion only, upon th'e *The weight<> of the mi sing bales are calculated from an aver-age of the lots of 9.nestion what this lot of damaged cotton cost them while it was in the fortifica. corresponding marks as weighed after being returned from fortilications. ttons, if we shall conclude that to be a material question. t rt being proved by Mc.A.lli ter's te timony that repairing ha.d been done on the "Outside of the evidence taken by the board we ha'\'e: ninety-three bales upon which no a se~;sment was made, roan extent equal to that "First. The order, No. 5, of General Rousseau, dated Augu t 30, 1862, impres~s­ which bad been done on the one hundred and thirty-four barrels which were as- ing the entire stock of cotton bales then stored in Nashville into the service of the sessed, the board allows repairing at tho same rate. GOvernment: t That portion of tho three hundred and twenty-seveu bales upon which assess- " 'Captain Morton, of the Engineer Corps, is hereby authorized w take posses- ment was not made, and consequently not provided in the assessment. sion of it. The proper receipts will be given for the cotton, and it ~ill he restored 1876. CONGRESSIONAIJ RECORD-'HOUSE. 4481 at as early a day as possible. 'l'he owners are guaranteed against all losses except read as follows: 'The United States will restore to the owners as early as possible all those which depend upon the fortunes of war.' the cotton taken in the condition when taken, except as to so much as shall be lost or "Second. The statement of John J . .Anderson, that the two firms mentioned in damaged through the fortunes of war, and as to the cotton so lost or damaged the this bill had about seven hundred bales stored in Na~hville, and which was taken guarantee shall not operate.' by the military authorities and usell in the fortifications, and that an award wa-s "Now, the claimants proceed on tbe theory that none was lost or damaged by the made t() each firm by the board on account of cotton not returned ; that he was fortunes of war, and insist as to that lost they t~hall be paid in full, and as to that pres11nt when these awards were made, but cannot state the amounts. damaged an amount equal to the ,000. "Frank McClelland produces an account of Hawkes, Miller & Co. against the " This result should not be disturbed by the price paid by :Butler, Mill~ & Co. United States, being a trne copy, ~she says, from the one befo1e the board, and on to the owners while the cotton was in the fortifications. They can lay no cJaim to which the award was founded. It is- a hi~ her rat.e of indemnity than those under whom they derive title. They bought For 4 bales of cotton ••••••.•.••.••..•••.•• _.•..•••••.•••. ·- .•••••••.•••. $1, 105 80 the owners' claim a~ainst the United States, whatever that was, nothinj! more. For 4 bales of cotton . ___ ... __ ...•.. __ .. _..... __ ... -. - ...•.. - . -.. - . . . • . • . 1, 105 80 "The committee therefore are of opinion that :Butler, Miller & Co. on the evi. For damages on 58 bales .•..•••.•....•....•.•. -················· .•. ···-· 1, 948 65 deuce are entitled to $7,224.1:!8 . ''.As to Hawkes, Millett & Co.'s claim, the committee do not see how they can Fordamageson101 bales···············-··-···························· 1,626 04 -recommend payment in the present condition of the evidence." For 2'-l and 68 bales...................................................... 4, 437 13 The committee therefore herewith report a bill fur the relief of :Butler, Miller & 10, 2'23 42 Co. in accord:mce with this finding, and recommend its passage. "Joseph H. Geiger swears to having had in his possession certified copies of the Mr. FORT. I withdraw my objection. awards made by the board in behalf of both firms ; that they were placed in his There being no objection, the bill was laid aside, to be favorably hanus for collection at Washington; that he presented the claims to Secretary reported to the House. Stant()n, who refused payment on the ground that there was no appropriation for . LEMUEL L. LAWRENC~. that purpose. He then placed the copit>s in the hanus of Ron. Thomas Corwin for his professional attention, since which time he bas not seen them, although he has The next business on the Private Calendar was the bill (H. R. No. made careful search through Mr. Corwin's papers. He is not able to state the 3319) granting a pension to Lemuel L. Lawrence, late second lieuten- amount of either award, but thinks the two were about $25,000. " William Spence, the last witness, proves the purchase by him at Hunt.wille, ant of Company B, in the Sixth Regiment illinois Cavalry Volnn- Alabama, of a large amount of cotton, which he shipped to Nashville anrl. storerl in t.eers. the warehouse of James McAllister & Co., its seizure and employment in the for- The bill directs the Secretary of the Interior to place on the pen- tifications, the receip~ he received therefor from the military authorities for the sion-roll, subject to the provisions and limitations of the pension number and weight of the bales, and the sale b.y him of this receipt to Samuel Mc- Clelland, one of the firm of Butler, Miller & Co. HitJ impression is be was paid laws, the name of Lemuel L. Lawrence, late second lieutenant of something over fifty cents per pound for the lot, at the weights made out by :Me. Company B, in the Sixth Regiment of Illinois Cavalry Volunteers, to Allister & Co. before the cotton was taken to the fortifications. He also states his take effect from and after the passage of the act. impression that Hawkes, Miller & Co. had a large amount of cotton they bad :Mr. HOLMAN. I call for the reading of the report. shipped from Huntsville at the time he shipped his own, and which was taken by the same military order and put into the fortifications, and much damaged, and The Clerk read the report, as follows: that their case was considered by thD military board. He does not state this as a The evidence shows that the said Lawrence wa-s, in the early part of 1862, a sec- fact, but an impre sion. ond lieutenant in Company B. Sixth lllinois Cavalry Volunteers; that his . aid regi- "It is a: noteworthy fact that only one mem her of the two firms offers his testi- ment was. about the 1st of March, 1862, stationed at Shawneetown, in Illinoi~>, and mony, and that this gentleman (Samuel McClelland) says not a word about the that while said re¢mentwa-s therein camp he, the said Lieutenant Lemuel L. Law- purchase of the cotton or itli price or the damage occ.asioned or the extent of the rence, was ordered with a squad of soldiers to march to .Tohnson County, Illinois, loss. What he swears t.o, and the only thing he swears to, is a fact. next thing to and arrest a soldier who had deserted f-rom said regiment; that said Lawrence, in immaterial, lU! that Charles C. Comstock had not been for the past eight years obedience to said order, did go to said county, and while att.('mpting to execute said directly or indirectlv interested in the payment of t.h ese claims. order in arresting the said deserter he was attacked by armed men and sevet·ely "It will be seen 'b:y: this review of the testimony that, so far as the claim of wounded. This wound has disablod him, and he is still suffering from said wound. Hawkes, Miller & Co. s case is concerned, we have not the award itself nor a copy These facts are all clearly established. The committee aro of opinion that said of it, but statements that such an award was made for at least $10,000, and waa Lawrence is entitled to a pension, and report said bill back and recommend that it founded upon an account, a . copy of which was taken by Fr·ank McClelland from do pass. the record. Where and of whom they bought the ootton, how much was taken, and to whom receipts were given, we know nothing positivel_y. It will be observed There being no objection, the bill was laid aside, to be reported that the witnesses speak almost exclusively of the cotton of :Butler, Miller & Co. favorably to the House. The award before us bas no reference to Hawkes, Miller & Co. Not a single mem- ber of either firm has volunteered his ~vidence in support of the claim, except JAMES B. TREADWELL. Samuel McClelland, whose affidavit amounts to nothing; nor is there any excuse The next business on the Private Ca~endar was the bill (H. R. No. volunteered for this omission. These firms are said to resiue in Columbus, Ohio, a State in which claimants may swear on their own behalf even in courts of justice. 3497) granting a pension to James B. Treadwell, major Eighty-fifth Much more could they and should they in a case before Congress. They know or Regiment Pennsylvania Volunteers. should know better than any one else when and where they bought their cotton, T~e bill directs the Secretary of the Interior to place on the pension- its weight, quality, and condition, the price paid, the amount of loss, its value ·roll, subject to the provisions and limitations of the pension laws, the when lost, and what (if anything) they have received on account of it They pos· sibly could furnish some theory to a~count for so great a loss of bales out of the name of James B. Treadwell, late majbDof the Eighty-fifth Regiment number placed in the fortifications. of the Pennsylvania Volunteers. "Butler, Miller & Co. claim to have purchased from the different parties three There being no objection, the bill waa laid aside, to be reported hundred and seventy-six bales and claim to have lost of this number forty-seven favorably to the House. · bales, containing- 21,445 pounds, worth fifty-seven cents or.--··-·-·-·-·-·- __ .-·· ..• ·····- $12,223 65 ARTHUR W. IRVING. To this they add for drayage, storage, repairs, and damages ..• _...... __ 2, 593 38 The next business on the Private Calendar was the bill (H. R. No. 14,817 03 349B) granting a pension to Arthur W. Irving, late private Company C, One hundred and fourth New York Volunteers. The board finds they lost forty-seven bales, containing 21,277 pounds, The bill directs the Secretary of the Interior to place on t.he pen- worth.---_ .. -·_·- ... __ ... _.. ___ .. ·-- .... ·-· .. ·-·- .. ··-·_ .. -·.·-·-·- 11,702 35 sion-roll, subject to the provisions and limitations of the pension laws, The other items allowed as above amount to._ •.••..•.. _•. _...•.•••• _. . 2, 457 03 the name of Arthur W. Irving, late bugler Coml?any C, One hnndred 14,159 38 and fourth New York Vo1unteer Infantry. "In this al!$!l"egate was included an item of storaae of three hundred and twenty- There being no objection, the bill was laid aside, to be reported seven bales. $327, but on what principle this sboulu be charged to the United States favorably to the Honse. is not perceived. Upon the return of the cotton to the warehouse the liability of the United States should cease. JULIETT A. HENDRICKSQ~. "Returning to the order under which the cott.on was seized, the guarantees to The next business on the Private Calenq~r was. t~~ ~ill (:fl. R. Np. the owners al·e : First. That it shall be restored at as early a day as possible. Sec- 2768) granting a pension to Juliett ~- ll~~{\E3ckson, wlc;low of Will- ond. The owners are guaranteed against all losses, except those which depend upon the fortunes of war. The last qualifies the first, and the whole might properly be iam ~· ~~<4'~c~o~, l~t~ :{:'r~vate C9.mp~ny ~' T"'enty-eightb Regi- IV-281 4482 CONGRESSIONAL RECORD-HOUSE. JULY 8, ment illinois Infantry Volnnteers. The bill directs the Secretary of MAGGIE A. NOBLES AND DANIEL G. NOBLES. the Inoorior to place on the pension-roll, subject to t.he provisions and The next business on the Private Calendar was the bill (H. R. No. limitations of the pension laws, the name of JuliettA. Hendrickson, 3502) granting a pension to Maggie A. Nobles and Daniel G. Nobles. widow of William L. Hendrickson, late private Company E, Twenty- The bill directs the Secretary of the Interior to place on the pen- eighth Regiment lllinois Infantry: Volont~ers, and that she be paid a sion-roll, sn bject to the provisions and limitat~ons of the pension laws, pension fror_n and aft~r t~e passag~ of this a~t. . the names of Maggie A. Nobles and Daniel G. Nobles, minor children There bemg no obJectwn, the bill was la1d aside, to be reported of Daniel G. Nobles, late captain of the Fourth Tennessee Volunteers, favorably to the House. and to pay them the same rate of pension that Henrietta Nobles, the DALTOli HINCHMAN. widow of said Captain Daniel G. Nobles, received previons to her re- The next business on the Private Calendar was the bill (H. R. No. marriage; said pension to commence from January 11, 1872, the date 1479) granting ~pension to Dalton Hinchman. of tbe remarriage of said widow, and to continue to said minor chil- The bill directs the Secretary of the Interior to place on the pen- dren till they severally attain the age of sixteen years, and no longer. sion-roll, subject to the provisions and limitations of the pension There being no objection, the bill was laid aside, to be reported laws, tbe name of Dalton Hinchman, late a private in Company G, favorably to the House. Second Michigan Cavalry. PHlLIP BOHR. There being no objection, the bill was laid a.side, to be reported favorably to the House. The next busineM on the Private Calendar was the bill (H. R. No. THOMAS W. HEWITI. 3503) for the relief of Philip Rohr, of Virginia, for tobacco seized for use of the Army. The next business on the Private Calendar was the bill (H. R. No. The bill directs the Secretary of the Treasury to pay to Philip Rohr, 2i20) granting a pension to ThomasW. Hewitt. a citizen of Virginia, the snm of $1,600 for tobacco seized for the use 'fhe bill directs the Secretary of the lnte~or to :place the n.am.e of of the Federal Army in 1864. Thomas W. Hewitt, late of Company D, Third Regiment of Michigan Mr. HOLMAN. I call for the reading of the report. Volunteer Infantry, upon the pension-roll, subject to th.e provisi?ns The Clerk read aa folJows: and limitations of the pension-laws, and that he be paid a pensiOn from the passage of the act. Philip Rohr, of the State of Virginia, claims compensation for two thousand pounds of Virgtnia chewing-tobacco at IL per pound, taken for the use of the Union Army. There being no objection, the bill was laid aside, to be reported The facts are few and about them there is no dispute. Claimant wa.s a loyal man, favorably to the Honse. a resident of Bristol, Washington County, Virginia, and was the owner of the to. JOHN FREY. bacco for which pa~ent is claimed. On the 15th of December, ~864, a force of Fed· eral cavalry occup1ed Bristol under the command of Generals Stoneman and Bur· The next business on the Private Calendar was the bill (H. R. No. bridge. BY. 01-der of G1lneral Burbridge the tobacco was seized, carl'ied to the eamp, distributed among and used by the soldiers of the comllllUld. 2472) granting~ pension to John Frey. The case -.vas presented to the commissioners of claims and rejected by them The bill direcl;s the Secretary of the Interior to place upon the pen- upon the IO'QODtl that tobacco is not an Army supply, and this is the sole question sion-roll, snbj~ct to the limitations and provisions of the pension laws, upon which this case must turn. the uame of John Frey, late a private·in Company I, Thirtieth Regi- Strictly speaking, tobacco is not a "supply;" it does not appear among the list of articles required to be furnished to the armies of the Government. · The "ra- ment lllinois Volunteer Infantry, and to pay him a pension from and tion" is provided for in the statute, and tobacco does not appear as one of its com- after -the passage of this act. • ponents. But in the decision of the many cases coming before Congress, in the There being no objection, the bill was laid aside, to be reported absence of precise statutes to cover each case, and with only general pr·ovi~:~ions for favorably to the House. our guidance, some latitude should be allowed, a.nd each case should stand upon its own mel'its. In the case at bar, a commodity which is in general, we might say WIJ.LIAM BUCKLEY. universal, use, which forms a great item of our commer-ce, and is an article of com. fort and luxury, is taken from a loyal citizen, not by violence or roubery, but by The next business on the Private Calendar was the bill (H. R. No. the intelligent order of the ~eneral in command. The Revised Statutes (section 3499) granting a pension to William Buckley, private Company C, 1149) recognize it as an article neces ary and proper for the soldier, and oblige Fiftieth Ohio Volunteers. commissanes of subsistence to keep and sell it to the soldier on credit and at cost .The bill directs the Secretary of the Interior to place on the pension- prices. In fixing the "ration," the statute confers power upon the President, who ts Commander·in-Chief, to alter the component parts of the ration as the htJalth roll, subject to t.he provisions and limitations of the pension laws, the and comfort of the Army may require. But the President, in a tremendous war name of William Buckley, late private Company C, Fiftieth Ohio Vol- such as was waged between the sections of this country, could only make such unteer Infantry. general regulations a.s were necessary, leaving to his subordinates in the field, in There being uo objection, the bill was laid aside, to be reported great ~rt, the discretion conferred upon him. . Wh18ky is not a "supply;" yet there were times and occasions, in forced marches~ favorably to the House. in protracted cold or wet weather, when it was deemed requisite to the health ana MRB. ANN ANNIS. efficiency of the Army, and it wa.s issued. It became then a supply from the na· ture of t'he use made of it, or, to llile the civil-law term, " b.v destination." '£here The next busi.Bess on the Private Calendar was the bill (H. R. No. are hundreds of articles not mentioned in the Army regulations or in the statutes 3011) granting a peneion to Mrs. Ann Annis. . as form ina component parts of the soldier's ration , and which, 11trictly speaking The bill directs the Secretary of the Interior to place on the pen- could not~ termed .. supply; " yet, if taken for .. supply," issued as .. supplr.." ana used as "supply," we hold that they have become so by destination. So wtth the sion-roll, subject to the provisions and limitations of the pension laws, tobacco. General BurbridJte, exercisin)! that portion of the discretion conferred the name of Ann Annis, wido-w of Henry Annis, Late a second lieuten- upon the Commander-in-Chief, and with which his commission as major-general ant of Company G in the Fifty-First Regiment United States Colored had invested him, deemed the tobacco necessary for the health and comfort of his Infantry. command. It became supply by " destination," and we think the Government is bound. There being no objection, the bill was laid aaide, to be reported But yonr committee think the price perhaps too large. Eighty cents per pound favorably to the House. seems to us a reason~ble price for common chewing-tobacco. Two thousand pounds, NELSON AINSLIE. at ei'!li ty cen ta, would be $1,600. We think he shou1d be allowed that amount, and re· port the accompanying bill and recommend its passage. (Vide case of Stubblefield, The next business on the Private Calendar was th~ bill (H. R. No. third general report commissioners of claims, article 6, page3.) 3.1)00) granting a pension to Neldon Ainslie. Mr. HURLBUT objected to the bill, but subsequently withdrew The bill directs the Secretary of the Interior to place on the pen- his objection. sion-roll, subject to the provisions and limitations of the pension laws, There being no other objection, the bill was laid aside, to be re- the name of Nelson Ainslie, late a private in Company I, Fourteenth ported favorably to the Honse. Regiment Michigan Volunteers. There being no objection, the bill was laid aside, to be reported THOMAS DAY. fa.vorably to the House. The next business on the Private Calendar was the bill (H. R. No. CATHARINE HAGAN. 3504) for the relief of Thomas Day. The nerl business on the Private Calendar was the bill (H. R. No. The bill waa read. It directs the Secretary of the Treasury to pay 3:>01) granting a pension to Catharine Hagan. to Thomas l>ay, of Indiana, out of any money in the Treasury not other- The bill directs the Secretary of the Int.erior to place. on the pen- wise appropriated, the sum of $640.75, in full payment and satisfac- sion-roll, subject to the provisions and limitations ~f the p~nsion tion for the use of nursery grounds at Madison, Indiana, by tbe laws, the name of Catharine Hagan, widow of Patrick Ha~an; late United States, in the year 1863, for a military post and for barracks aprivate of Company I, Thirty-first Regiment New York Volunteers. and hospital purposes. ' There being no objection, the bill was laid aaide, to be reported Mr: WILSHIRE. I object to this bill. fa"Yor~bly to the Hoose. Mr. HOLMAN. I call for the reading of the report. ELIZABETH D. STONE. The CHAIRMAN. The bill is objected to. Mr. HOLMAN. I submit that acccording to the rule of the House .T he next business on the Private Calendar was the bill (H. R. No. it is always proper that the report should be read if called for, and f566) grai1t-fn'g a pension to Elizabeth D. Stone. afterward the question is whether there is objection to tho bill. 'flle ·bm 'directs the &ecretary of the Interior to place on the pen- The CHAIRMAN. The language of the rule is: sion~roJ.Ji ·~~ bject to the provisions and limitations of the pension lh.ws, t$ n:}m~ of Eliialletli D.' Stone, widow of Brinton Stone, lately The Calendar of private bills shall be called over; and the bills to which no ob- ;HI actjng a· si.Stant sufg()ori ~ the United States Navy, to take effect jection is made shall be first considered and disposed of. 'f-Yom the n4ssage qf tttftfl).((t. . " . Mr. HOLMAN. But the practice has been uniform that the report, Ther~ b~ing p.o .obJeCt~qn, t4E> J?lll WM U,.id aside, to be reported if called for, should be read; and afterward objection may be made utrq~,J?Ittq 't4~'ffo*~~ ' . .~ . .~ . .... I . • .. • if it be thought proper. 1876. CONGRESSIONAL RECORD-SENATE. 448:l The CHAIRMAN. The report in this case is very short, and it may IN SENATE. be read if there is no objection. Mr. HOLMAN. The uniform ruli11g has been what I state. MONDAY, July 10, 1876. The CHAIRMAN. The Chair would hold that the reading of the report is collSideration of the bill ; and when the passage of a bill is The Senate met at eleven o'clock a. m. objected to its further consideration cannot take place on that day. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Mr. HOLMAN. This is a question of such vital moment t.hat if the The Journal of the proceedings of Saturday last was read and ap- Chair entertains any doubt about it I can show the uniform, unbroken proved. ruling. The question has never been raised perhaps during this ses- HOUSE BILLS REFERRED. sion, but the ruling is nniform on this point. The following bills from the House of Representatives were sever- The CHAIRMAN. That may be the practice of the Committee of ally read twice by their titles and referred as indicated below : the Whole, but the rule is otherwise. U there be no objection, the The bill (H. R. No. 1574) to provide for the repeal of aUla ws author- Clerk will read the report. izing the appointment of civil engineers in the Navy, &c.-to the Com- The Clerk read as follows ~ mittee on Kaval Affairs. The Committee on W a.r Cl.a.J:oM,JD whom wae referred the claim of Thomas Day, The bill (H. R. No. 3856) for the relief of William H. French, jr.t of Indiana, beg lean to report: United States Army, late Indian agent at Crow Creek, Dakota-to the That this claim wu before the Forty.third Congress, and a favorable report Committee on Indian Affairs. thereon made by Mr. J..uas WILSON, o{ the War Clai018 Committee of that Con- gress, now a member of this committee, The bill (H. R. No. 3143) granting a pension to Daniel Clary-to the This claim is for the use and occupation of nursery-grounds by the United States, Committee on Pensions. · situatM in Jefferson County, Indiana. Said grounds were occupied and used dnr· The following bills from the House of Representatives were sev- ing the war of the hl.te rebellion as a military post for barracks and hospital pur- erally read twice by their titles and referred to the Committee on poses. Your committee believe, from the evidtmoo, that the claimant is entitled to the sum of $640.75, 38 a compensation for the said use and occupation.. They re- Milit.a ry Affairs : port the accompanying bill, and recommend its passage. A bill (H. R. No. 2813) relieving the State of Kansas from charges on account of ordnance furnished to Kansas Territory; and Mr. WILSHIRE. I withdraw my objection. A bill (H. R. No. 3855) for the relief of George T. Olmstead, jr. There being no objection, the bill was laid aside, to be reported favorably to the House. POST-ROUTE BILL. W. H. NEWMAN AND L. A.. VAN HOFFMAN. Mr. HAMLIN. The bill of the House establishing certain post- roads in the country I am sure will interest more Senators than any The next business on the Private Calendar was the bill (H. R. No. other bill which may be brought before us, and I ask the Senate to 1654) for the relief of W. H. Newman and L.A. Van Hoffman. allow me to take it up and have it paBSed this morning. It is Hon88 Mr. FORT. I object. · bill No. 3628, establishing post-roads. Mr. HUNTON. I ask for the reading of the report in the hope that Mr. MERRIMON. I ask the Senator from Malne to yield to me a. the gentleman from IJlinois [Mr. FORT] will withdraw his objection moment that I may present a petition. • upon hearing the report read. This-bill baa been favorably reported Mr. HAMLIN. If the Senator will allow me to get up the bill, I in two different Congresses. will suspend action upon it. The report was read. The PRESIDENT pro tempore. Is there objection to taking up the Mr. HUNTON. There bas been no adverse report. bill named by the Senator from Maine f Mr. FORT. I understand there was an adverse report. I must :Mr. SARGENT. I object to the post-route bill, for the reason that insist on my objection. there is not money enough to put it into operation. It would be a Mr. RANDALL. I move the committee rise. mere farce to pass another post. route bill without money ·enough The motion was agreed to ; and the Speaker pro tempore having re- under the general appropriation to put on a single route under it. sumed the chair, Mr. SPRINGER report-ed sundry bills with the respect- Mr. HAMLIN. I can give the Senator information which he has ive recommendations of the committee thereon. not got. DEATH OF BON. EDWAIID Y. PARSONS. Mr. SARGENT. I have studied the matter carefully as a member of the Committee on Appropriations, and I assert boldly that if the lir. KNOTT. I rise to perform the most melancholy duty that has Post-Office Department acts upon the previous post-route bill, and ever devolved upon me in the cgurse of my public life: to announce puts the service on under that act, there will not be a dollar left to to this House the sudden and unexpected death of my colleague, Hon. carry out the service to be established by this bill. Eow AIID Y. PARSONS. I move the adoption of the resolutions which I Mr. HAMLIN. I tell the Senator there are $500,000 appropriated send to the Clerk. to meet this very case, and the money is there. The appropria- The Clerk read as follows : ations were made in gross by the Senate. As the bill came back from Raol,M,, That a oommittee of seven members he appointed by the Speaker of the committee of conference it appropriated a certain amount for what the House to take order for superintending the fnnt-ral of Hon. EDWARD Y. PAR· are called "star" bids, to wit, coach service, a certain amount for· SONS. late a member of this body from the State of Kentucky. steamboat service, and·a certain amount for railroads. Consequently Ruolud, That 38 a mark of the respect entertained by the House for the mem- the amount which is appropriated for railroads can only be used for ory of Hon. EowARD Y. P ARSOXS his remains be removed to Louisville, Kentucky, in charge of the Sergeant-at-Arms and attended by the said committee, who shall railroad purposes. The amount passed by the House exceeds the have full power to carry this resolution into effect. estimates of the Department by about $500,000 for this branch of the RuoltJed, That the Clerk communicate these proceedings to the SenatA. service. .RuoltJed, That as an additional mark of respect to the memory of the deceased the Mr. SARGENT. I have no doubt for this branch of the service; Bouse do now adjourn. but we have already passed a bill of nearly a hnndred pages making The resolutions were unanimously adopted. new post-routes. Here it is proposed to have another; and I still The SPEAKER pro tempore 8t_nnounced the appointment of the fol- assert, after what the Senator baa said, that from my examination of lowing committee in pursuance of the first resolution just adopted: the matter I know there is not a dollar to put in operation any route Mr. BLACKBURN, Mr. HOPKINS, Mr. HA.RTZELL,_llr. WALKER of Vir- to be established by this bill and keep up the present service. ginia, Mr. FORT, Mr. LAWRENCE, and Mr. CLARKE of Kentucky. Mr. HAMLIN. I know the Senator is mistaken. And then, in accordance with the concluding. resolution, the House Mr. COCKRELL. I desire to know if the bill has been printed. (at three o'clock and thirty-five minutes p. m) adjol}rned. Mr. HAMLIN. Long ago. The PRESIDENT pro tempore. The bill has been printed. The question is on the motion of the Senator from Maine to take up the PETITIONS, ETC. bill. The motion was agreed to. The following memorials, petitions, and other papers were presented The PRESIDENT pro tempore. The bill is before the Senate. at the Clerk's desk under the rnle, and referred as stated: llr. HAMLIN. Let it be paBSed over for morning busines8. By Mr. ELY: The petition of. James A. Whalen, that jurisdiction The PRESIDENT pro tentpore. The bill will be laid aside tempo- be conferred upon the Court of Claims to hear and determine his claim rarily, if there be no objection, for the reception of morning business. for damages against the United St.ates for flour seized by the United States authorities at New York in 1862, to the Committee on War PETITIONS AND MEMORIALS. Claims. Mr. ::MERRIMON. On Saturday last I presented the memorial of By Mr. FENN: The petition of S. S. FENN, for re-imbursement of Samuel Strong and others, citizens of the District of Columbia, in expenses incurred in conte~tin!f for a seat in the House of Represent- favor of the passage of a bill now before ·t he Committee on the Dis- atives as a Delegate from the 'Ierritory of Idaho for the Forty-fourth trict of Columbia., which provides for adjusting and paying claims Congress, to the Committee of Elections. unsettled against the District of Columbia. I now present the me.. By Mr. PIPER : The petition of Benjamin S. Brooks, Egbert Judson, morial of 'fhomasP. Morgan, William H. Groat., Morris :Murphy, and and.John Center, owners of the island YerbaBuena, to be restored to others, contra-ctors and creditors of the District, which is a concm·- the possession of the !!lame, from which they have been ejected by rence in the former m£morial which I presented. They join anxiously United States authorities, to the Committee on the Judiciary. in the prayer for the relief prayed for in the former petition. I move By Mr. WELLS, of Missouri: Memorial of the city council and that this additional memorial be also referred to the Committee on mayor of Saint Lou~s, Missouri, relating to the improvement of the the District of Columbia. Mississippi Rivor at Saint Loui.s, to the Committee on Commerce. 1'11~ pl~~~~ ' w~~ agreed to. OONGRESSIO~AL RECORD-SENATE. JULY 10, .4484 ' Mr. BOGY presented the petition of H. Overstolz, mayor of the AMENDMENT OF IMPEACHMENT RULES. city of Sa.int Louis, ~~issouri 1 a~;tcl R~chard Walsh, city.re~ister, on be- Mr. CAPERTON. I ask the Senate to proceed to the consideration half of the city of Samt Loms, praymg for an appropnati~n to secure of-- · the bank of the Mississippi River opposite that city; which: was re- Tho PRESIDENT pro tempm·e. If the Senator rises to move to ferred to t.he Committee on Commerce, and ordered to be pnnted. take up any measure, the Chair will state that if there is no further Mr. WALLACE pre ented resolutions adopted at a meeting of sol- morning business the post-route bill is before the Senate. diers of Allegheny County, Pennsylvania, in favor of the passagE) of Mr. EDMUNDS. I should like to ask the Senator from Maine, who a law for the equalization of bounties; which were referred to the has charge of the post-route bill1 whether he would be willing to lay Committee on Military .A1i'airs. that aside in order to take up tlie resolution lhat I offered on Friday Mr. SHERMAN. I present the petition of ·w illiam Giles Dix, of last, about the length of time occupied in arguing questions of the ad- Peabody, .Massachusetts, at his request, prayiJ?g ~hat C~ngress IJ?ay mission of evidence, &c., i.n the impeachment trial. Of course, if he is institute proper measures to c?nv~ne a conventi?n m the mty of Phl!-a- not willing, I shaJl not urge it; but I thought we might save time by delphia to 'PlOdify the Cons~tutwn of the U~!ted Stat~s. I am m- act.ing upon the matter now. formed that this gentleman 1s a respectable mt.Izen of ru~ State. He Mr. HAMLIN. I have every disposition in t.he world to oblige the asks that his petition may be referre.d to a select co~~mttee; ~ut. I Senator, but I want to get rid of the post-route bill. move that it be referred to the Committee on the JudiCiary, which IS Mr. EDMUNDS. It is no obligation to me; it is only a suggestion properly charged with the subject. which I make about the business before us. The motion was agreed to. Mr. HAMLIN. I think I shall run my chances for to-morrow morn- Mr. SHERMAN. I also present the petition of a number of citi- ing to take up this bill, if it cannot be reached to-day. Therefore I zens of Iowa who make very severe and bitter complaints against will consent to let it be temporarily laid aside. the action of 'congress and different branches of the Government in The PRESIDENT pro tempore. The post-route bill will be tempo- regard t.o what are called the DeR Moines River lands. They ma.ke rarily laid aside. · char(J'es of a very grave and serious character. I think similar peti- Mr. ED~IDNDS. I move to take up the resolution about amending tions0have been presented before ~nd been referred, I think, to the the twentieth impeachment rule. Committee on Public Lands. The motion was a~eed to; and the Senate proceeded to consider The PRESIDENT pro tempore. The petition will be referred to the the following resolntwn, su b!llitted by Mz:.. EDMUNDS, July 8: Committee on Public Lands, if there be no objection. The Chair hears Ordered, That Rule 20 of the rules for impeachment be so amended that on offers none. of and objections to evidence and other interlocutory and incidental questions one :Mr. EDMUNDS. I am very glad that reference has been made of counsel or manager may open, one counsel or manager lie heru·d in opposition, and the petition just prese~~ed. A s~lar petition was referre~ . t? t~e one counsel or manager be heard in reply; and that the whole argument on each Committee on the Jndimary; and, m order not to have the JUriSdic- side shall not exceed thirty minutes without leave of the Senate. tion divided I move that the Committee on the Judiciary be dis- The PRESIDENT p1·o tempore.. The pending question is upon the char(J'ed fro~ the further consideration of the similar petition, and amendment of the Senator from New York [Mr. CONKLING) which that it be referred to the Committee on Public Lands. will be reported. The motion was agret>:rdered, That Senate bill No. 894, to provide for the sale of the Fort Kearney ence to the admissibility of evidence which has occupied an hour. military reservation in the State of Nebraska, be printed as pa-ssed. This order is an in"itation that it may occupy an hour. I do not TROOPS IN SOUTHERN STATES. think we have had any that occu11i.ed half that time. Mr. EATON. I offer the following resolution and ask for itR pres- Mr. EDMUNDS. The present rule gives them an hour on each side, and as many counsel as choose may speak. ent consideration: Mr. FRELINGHUYSEN. But practically since we have com- Resolved, That the Secretary of War be directed to forthwith report to the Sen· menced taking testimony we have not had any question debated that ate the number of United States troops of the vario~s arms of tho service now on dutv in the States of Louisiana, .lllississippi, Arkansas, Alabama, Florida, Georgia, occupied an hour, or, I think, more than half an hour. As to the Sou'tb Cllorolina., andNorthCarolina, and, so far as is practicable, giving the location amendment of the Senator from New York, we have not been called of each regiment, part of regiment, or separate command or detachment. upon once since the testimony was commenced to retire. Now, if we Mr. EDUUNDS. Let that go over. make a provision that we shall have a consultation wit.h open doors, Mr. EATON, I give notice that as soon as practicable, to-morrow, we shall, before we know it, run into these debates and time will be if possible, I will ep.qeavor to get the floor for the considHation of the consumed. resolution in order to procure this information previous to action upon The other provision of the amendment is a very proper one, that the joint resolution offered by the honorable Senator from Nebraska members of the Senate shall be at liberty to ask questions witboui [Mr. PADDOCK) in regard to the volunteers against the Sioux. reducing them to writing. The rule nowrequ.ires them to be reduced 1876. CONGRESSIONAL RECORD-SENATE. 4485 to writing; but practically that rule is not enforced. Therefore I under the rnle in which he can get at it, feeling de t1·op, he inquires think the best thing we can do in the way of saving time is to do through the Chair. I think it is worth while to spend a moment in nothing, but let the thing stand as it is. obviating that and allowing every Senator to put a simple question It does see;n to me that this trial ought not to occupy more than to enlighten himself and save time, without the necessity of putting four or five days, and would not in au ordinary court. We, as mem- it :ip. writing. bers of the court, ought to give all the aid we can to bring it to a Now, as to the matter of consultations, the. Senator from Vermont speedy termination. . does not understand my amendment as I do; else he would not say Mr. MERRIMON. Mr. President, I beg to ask the Senator from that it would au.thorize every Senator all the time to express his opin- Vermont a question about the nature of hlS resolution. I .noticed, if ions. It t.hat i.~ what it nieans, I waa unfortunate in drau~hting it. I heard it correctly reported, that it provides that thjxty minutes The amendment says that consultations, when they do ta.~re place, shall be consumed in debating any question arising on eviden,ce, and may be without clearing the galleries unless the Senate order thetn that counsel on either side may speak. I beg to a.s k him how that to be clea,r e(l; and it did not occur to me that the effect of that was thirty minutes are to be distributed! It does not make provision for to be to multiply consultations ; but it occurred to me that it would that. ,, have two effects, both of which are good, I think. · I appeal to the Mr. EDMUNDS. Why, Mr. President, exactly in the same way that RECORD, if it is noted there to show, as I am confident it will show, under a similar.rule debate is distributed in the Supreme Co~t in the that every time the Senate has retired or cleared the galleries upon adjoining chamber. Each side mayuse half an houron .an argument the most insignificant question, if it be the question of an adjourned of an interlocutory question, instead of an hour as the present rule day, hours have elapsed before that decision was .announced; when, provides. had it been in open session, I do not believe, on one occasion particu- ~•:-. MERRllriON. I thought the resolution provided but thirty larly, one-fifth of the time would have been consumed. Now, I think minutes for the whole debate. . . that is an eviL I think it is a great mistake to·turn out all the visit- · ~Ir. EDMUNDS. No; thirty minutes on each side. . The present o.rs in these galleries in order that the Senate may have what in open rule is an hour on each side. The present rnle as hitherto construed session would be a few moments' consultation, or that the Senate by the present occupant of the chair, followin~ the decisions o.f the should retire to the Marble Room and there engage in that sort of con- Chief J l18tice in the last impeachment trial, 18 made to mean that snltation or conversation which has occurred heretofore: I think counsel and managers may occupy their whole hour, just as we do in time would be saved by doing it just as we sit in our seats. a debate, whenever they ean get the floor. There is no beginning But again, I think it is whQlesome and proper that the people of and no end; but there is a running debate on all hands on a little this country should understand what takes place upon this trial. If simple question, so that the only effect of my proposition is to reduce I do not regard its dimensions as great as those ~cribed to it by the the time on each side one-half; and then to say that one person shall honorable Senator from North Carolina, I do remember that it is a be heard on one side in support of .the objection that is made or in trial before the Senate of the United States; and, if it is fit to be support of the offer made, and one person against it, and one person here, it is fit to be conducted decently and in order; and enouga con- in reply, and there it ends. sequence attends it to make it a matter of interest to the people 'o f M.r. MERRIMON. I want to add one word. I concur in tl,.e pro- the country, of as much interest as a great' deal of the other business posed amendment of the Senator from New York. I believe that a that transpires in the Senate. It has been made the occasion to dis- brief debate in open session here might very often elucidate a ques- cuss the question whether aU citizens at large are impeachabJe and tion that the Senate wonld otherwise act upon sometimes very hurri- 'triable before this tribunal; . and that question, which is one of dimen- edly. I think with a brie{ debate the other day I should have given sions as large as those referred to by the Senator from North Carolina, a different vote on one point raised than I did. I do not feel exactly has been discussed by the Senate locked np in this iron box ; and I satisfied about it now. It was a vote aga.i nst.the defense .. judge from headings that I see in the RECORD that some members of The Senator from New Jersey says that in an ordinary conrt this the body have published "opinions," as they are called, upon that case ought to be disposed of in five or six days. I have no doubt it question. Senators who wrote or have been able to write since have could be; but he ought to remember that it is a great state trial and published what they said, or what it is to' be supposed they said, or this is not an ordinary court. It is a trial that .o ught to be proceeded what they supposed they ought to have said, or, as my friend from with very cautiously. There ought to be great deliberation about Illiri.ois [Mr. LOGAN] suggests what they intended "to say, or, as I will everything. It is to be a high precedent in the. face of the nation and add, what they have thought since they intended to say. Some one the world, and I think we. ought to proceed quietly and cautiously, of these forms of expression applies to what appears in the RECORD. and deliberate about every point that is at all of importance, and I Other Senators who expressing such opinions as they had at the time, think it ought to be done in public. Therefore, I trust that the and expressing·. them as they express opinions in debate, exprei:!Bed amendment of the Senator from New York will prevail. opinions which were writ in water because they could not have the Mr. MORTON. I think the time fixed by the Senator from New advantage of a stenographer or scribe to preserve even in substance York is twice as much as it ought to be. Fifteen minutes on a side what they said; and thii:i is one of the inequalities, I think I may call are enough, sufficient I think to enable this court to understand a it, (for, although every Senator has had as much time as every other point without elaborate argument. I think the rule in recrard to the Senator, every Senator does not have the gifts of his fellows or the admission of testimony is very liberal, and there is not any great facility of expressing himself clearly upon paper,) this is one of the danger of this court being misled by the admission of any improper inequalities which have grown out of the present condition of things. testunony. I think it has been a loss to the country. I think I see Senators Mr. SHERMAN. I a~ee entirely with what the Senator from New around me now whose expressiol18 on this subject have not appeared, Jersey says, that this is time wasted. I believe the good sense of the and I imagine, will not appear in the RECORD, which expressions managers and counsel on any question that is likely to arise in this were valuable, and would be valued, and ought to have been produced, case will not allow them to consume much time. Therefore, .if no and ought to have been heard openly. other Senator desires to speak on it, I move that the resolution and Now, Mr. President, I do not know how much of any serious ques- amendment be laid on the table. tion remains in this trial, whether a question of law o1· a question of Mr. CONKLING. I want to sav a word. . fact; but whatever there may be, I submit that unless the Senate Mr. SHERMAN. I withdraw the motion, expressing my opurlon sees occasion at the time to direct that a consultation be secret, we that th~ better way is to do nothing. might go on and E\xpress our opinions upon the remainin~ questions Mr..C9NKLING.. If there was nothing before the Senate except · in this case. That is the purpose of my amendment, and Its purpose the ongmal resolutiOn of the Senator from Vermont, I think I could is not at all, as suggested, to require consultations where they would vote with the Sen~tor from Ohio to lay it on the table, for really I not. be required otherwise, to multiply them, nor even to d(lprive the have seen no occaswn for any rule abbreviating the opportunities of Senate of the power, when it chooses to say so, of deciding that a counsel or managers in the argument of any interlocutory question. eonsultation shall be secret; but it is to prevent the necessity on all I think the Senator from New Jersey was within bounds when he srud occasiom; of having the Senate fly to a place of safety o.r secll18ion, or that not half an hour had yet been occupied on an interlocutory ques- unpeople the galleries here when they proceed to determine a ques- tion, and if my recollection isri~ht,if you except one instance in which tion whether a certain thing shall be done on one day or another, or there was a colloquy a.bout vanons things which may all be deemed to whether a piece of evidence is admissible or not, or whether some have ~erta~ned to one single interlocutory question, I do not think that other incident in the trial shall occur or whether it shall be admitted anyth1.n~ hke half an hour has beeuoccupied; and therefore it seems or forbidden. to me It 1s hardly worth while for us, in ant.i cipation of an evil which If the motion prevails to lay the o1iginal resolution on the table, of has not arisen, to shorten the rule in that respect. course I shall not feel at liberty to persevere in the amendment that But. the~e are two other t~ngs in regard to phis resolution, and I have offered; but if we consider it at all, I hope the Senate will con- I begm w1th ~he last. We v10late systematically the rule in ref- sider the two subjects together. erence ~o putt~ng questions. I do it and everybody does it with J. T. KING AND L. B. CUTLER. constramt, feelmg that he should not do it. The Senator from Ohio awkwardly, as far as I can say he ever does anythincr awkwardly tries A message from the House of Representatives, by Mr. G. M:. ADAMS, to pu.t a question and. he says, "Mr. President, th~ough the Ch~ir, if its Clerk, announced that the House had passed the bill (S. No. 872) that IS the way to do It." Sure enough," if that is the way to do it;'; for the relief of the family of the late John T. King and of L. B. th~ Senator doe~ not know; nobody knows. He can sit down and Cutler, with an amendment; in which it requested the concurrence wrtt-e out a question, a:nd as I understand the rule that question must of the Senate. . be addressed to the Witness. If the Senator wants a manacrer 0 to read Mr. MORRILL, of Vermont. I ask nminimom~ consent to use up a paper, if he wants to make an inquiry of any sort, there is no way one minute of the time of the Senate in concurring with an amend- 4486 CONGRESSIONAL RECORD--SENATE- JULY 10, ment of the House to the bill just returned from the House of Rep- the abstract opinions are. I think if we bad all of that debate it resentatives. would be useful to the country, and would throw quite as much light There being no objection, the President pro tempore laid before the upon the decision at which we arrived as the opmions which have Senate the amendment of the Honse of Representatives to the bill been published. (6. No. 872) for the relief of the family of the late John T. King and I know the ~enator from Vermont baa told us, and I think he baa of L. B. Cutler. repeated it certainly on one or two occasions, and there is much in it, Mr. MORRILL, of Vermont. The House has stricken out the pro- that in an open debate one is not as willing to yield an opinion once viso, and I move that the Senate concur. expressed as he is in a consultation. While I may not refer to what Mr. EDMUNDS. Let us kear it read, took place in secret session, I think I may appeal to Senators to say The PRESIDENT pro tempore. The amendment of the House will that of all consultations it was the queerest that man ever beheld. bQ reacl. It wae as earnest, as determin~d, as positive a debate as ever took The CHIEF CLERK. The amendment of the House is to strike out place in this body. the words: · Mr. EDMUNDS. I do not think yon ought to say that. Prmfkd That a fnrtber sum equal to the amount of the previous regular com· Mr. HAMLIN. The Senator says I ought not to say it, and I will pensatlon of the said King and the said Cutler from the 19th day of May to the 30th take it all back. [Laughter.] I will then say that I ask Senators day of J nne, inclusive, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be expended immediately by the Secretary of the to recall to their minds what was the character of th~ debate that Interior in manner as aforesaid. there took place, and I ask them in all candor if in a public debate Mr. EDMUNDS. How much does this bill give as it stands f anything would be said or done by any Senator from which he could Mr. MORRILL, of Vermont. Three thousand dollars. not and would not as readily withdraw an opinion expressed as he ·The amendment was concurred in. did or would in the debate as it did take place f I think, therefore, that the experience of the body negatives entirely the suggestion of PERSONAL EXPLANATION, the Senator from Vermont, a suggestion which I thought bad a good Mr. CAMERON, of Pennsylva11ia. I wish to make an explanation deal in it, and which, had the consultation been what I supposed a that affects some other gentlem~!l aa well as myself. A week or ten consultation ~ould be, certably would have been correct; but I can days ago, when I ·w as about going home, I went to the Senator from say, I think without violating any rule, that the consultation differed Georgia [Mr. GoRDON] and asked him to pair with me dnring my ab- entirely from what I supposed it would be. · eence. He very graciously consented to do so, and said that he would Again, I think it is not in accordance with the genius and spirit of then go home, and we paired. After I gDt to my home, I remembered tbA Government or the times that our discussion should be here in that some days before the Senator from Delaware [Mr. BAYARD] had secret upon this matter. What is the question submitted to us for onr called upon me and t~.sked me to pair with him, and the moment that consideration I know not and I care not ; bot we are called upon t-o occurred to me I wrote a note to the Senator from Georgia stating decide it, and we decide it not only for ourselves bot for the pnblio the fact ; but he bad left the city of W asbington and it waa too late, as well; and why is it that that discussion which is to instruct oren- and I put him in a wrong position which I desire to amend as much lighten us in our judgment in the conclusion which we !:!hall arrive as I can. I regret very much that the lapse of my memory made me at in a private consultation should not be made public for the instruc- do wrong to him or to anybody else; but I want to state distinctly tion of the whole world f In other words, they may know truly what that the pair waa made at my solicitation with the Senator from are the reasons which influence our judgment upon every question Georgia for my benefit, aa I was not well. that is presented to us. ANDREW EVARTS, I do not recollect the precise phraseology of the amendment sub- Mr. ALLISON. The Committee on Pensions, to whom Wail referred mitted by the Senator from New York, but I would make this sugges- the hill (S. No. 897) granting a pension to Andrew Evarts, have in- tion that our consultations be here in open Senate, and I would not ob- structed me to report it back with an amendment. I ask that the ject to this qualification, ;'unless the Senate should otherwise order." bill be considered now. I think there will be no objection. Mr. CONKLING. That is the way it is in my amendment. By unanimous consent, the bill (S. No. 897) granting a pension to Mr. HAMLIN. Then it meets my idea precisely. If, then, there Andrew Evarts was considered as in Commitree of the Whole. It be that which in the judgment of Senators should not be discussed proposes to place on the pension-roll, subject to the provisions and publicly-and I am one who can see no such question-the rule will limitations of the pension laws, the name of Andrew Evarts, private not be in force and we may hold a private consultation. in Company B, Fourth Ohio Volunteers, at the rate of $8 per month. As to the consumption of time upon these interlocutory questions, The Committee on Pensions reported the bill with an amendment, the Senator from New Jersey baa overstated it by more than half. I which was to add at the close of the bill the words "from and after do not call to mind a single question that baa occupied fifteen min- the passage of this act." utes, and I am sure the questions have not avera.ged ten minutes, and The amendment was agreed to. I do not, therefore, in the light of economy of time see any reason The bill was reported to the Senate as amended, and the amend- why each question should not be discussed in open Senate. ment was concurred in. Mr. EDMUNDS. I want to ask, as this debate has got to go on a The bill was ordered to be engrossed for a third reading, read the while longer, that the Chair will lay before the Senate a Honse bill third time, and p3886d. which I understand is now here and which ought to be referred. Mr. CONKLING. Let this be disposed of. I insist on the regnlar AMENDMENT OF! IMPE A.CHMENT RULES. order; I want a vote on this question. Mr. EDMUNDS. Now, let us have the regular order. Mr. EDMUNDS. Then, Mr. President, I have a. word to say. I The Senate resumed the consideration of the resolution submitted was in hopes my friend from New York would allow that bill to be by Mr. EDMUNDS on the 8th instant, the question being on the amend- referred. ment offered by Mr. CONKLING. Mr. CONKLING. We have allowed so manythingstobedonethat Mr. CONKLING. I call for the yeaa and nays. I think we ought to have a vote on this. The ye~ and nays were ordered. Mr. EDMUNDS. You ought to treat ns all alike. Mr. .SARGENT. The Senator from Vermont [Mr. EDMUNDS) on Mr. CONKLING. My honorable friend demanded the regular Saturday ~xp't'essed his opinion that it would be proper to suspend. order himself. I am only following him. I want to vote on this for. a moment the court proceedings in order to receive a message question. We can do it as soon now as ever. from the House. I untlerstand that to-day shortly after twelve o'clock, Mr. EDMUNDS. I will not bandy words with my frierid from New or after the court goes into session, there will probably be a ten·day York about demanding the regular order, hecause he has a perfect bill from the Bouse, and it will be necessary to receive that and act right to do it, and whatever anybody has a right to do he ought not upon it, as it is the ~ast day when the existing legislation real}hes. I to be complained about for doing. will ask that there may be a:ri understanding that that meMage from I want to say one word in reply to the Senator from Maine. I do the House ma.y be recei V'ed·. not feel at liberty, as the Senator from Maine did, to make any refer- Mr. CONKLING. Th'e court can take a recess for a moment and ence to either the character or nature of any discussions that have the Senate can go into te~istati ve session. taken place when the doors have been closed orwben the Senate has The PRESIDENT p'i'o tempore. It will be subject to the order of withdrawn. I suppoRed that, like the proceedings of an executive the Senate. Be88ion, they were not to be made use of either directly or indirectly. Mr. HAMLIN. I do not like to consume the time of the Senate, So much for that. and yet I want to say a word in relation to the amendment that has Now, Mr. President, the Senator urges this amendment of the Sen- boon presented by the Senator from New York. I think if the Sen- ator from New York, as the Senator from New York does, upon the ate are wise they will .adopt the amendment. I think the experience ground that the American people have a right to know the views and that we have already had in the progress of this trial on~ht to con- opinions of Senators. So they have. They have a right to know the vince us all that our discussions, be they what they may, should be views and opinions of all the judges of the United States courts when in public and not in. secret. On Saturday we had a very large vol- they are acting officially; they have a right to know the views and ume of the RECORD containing the opinions of the several Senators opinions of grand jurors and of petit jurors; but they have a right who had seen fit to prepare their opinions for publication. I have to know them all in the methods that human experience ha.~ shown nothing to say about that. I did not participate in the debate; but to be most perfect for the security of purity in administration and I suppose I may say that the RECORD itself shows that in all that orderly and seemly procedure in administering justice and in carry- publication the interlocutory proceedings do not appear, which are ing on public aft'airs; and therefore there is the same force in the ar- quite as important in a proper estimate and quite as important in gument of the two Senators who have addressed you in support of coming to a sound conclusion upon the questioll8 there discussed as this amendment to be applied to requiring the consultations of a jury 1876. CONGRESSIONAL RECORD-SENATE. 4487 or the consultations of judges, after they have heard a point argued NAYS-Messrs. .Anthony, Bayard, Bo~, Cameron of Wisconsin, Caperron Cock- before them, to be stated in the hearing of the audience and of the .McDonald, rell, Cooper. Edmunds, Frelinghuysen, Hitchcock, Ingalls, Kelly, Key, McCreery, Maxey, Mitchell, Morrill of Vermont, Morton, Robertson, Sargent, counsel, that there is in requiring this, as it appears to me. What Sherman, Withers, and Wright-24. the American people have a right to know, and what everybody else NOT VOTING-Messrs. Alcorn, Barnum, Brnce, Burnside, Cameron of Pennsyl- has a right to know, is the opinion of the court which acts as a body, vania, Christiancy, Clayton, Conover, Dennis, Dorsey, Eaton. Goldthwaite, Gordon, and where there is a diffe~nce of opinion they have a right to find it .Johnston, Jones of Florida, JonM of Nevada, Morrill of Maine, Norwood, Oglesby, Randolph, Saulsbury, Sharon, Spencer, Thurman, Wadleigh, and Whyte-26. out and do find it out by dissenting opinions being filed just as in the case that has already taken place before the Senate. The Amer- So the amendment was rejected. . ican people do know what the judgment of the Senate was, because The PRESIDENT pro tempore. The question recurs on the reso- that was given in a .public vote, and if in a private vote it was made lution. . public by us. They do know what were the views of Senators who Mr. KERNAN. I moYe to amend by inserting "fifteen" instead of chose to reduce them to writing and have them published according " thirty" minutes. to the order of the Senate. How many Senators were convinced either The amendment was agreed to; there being on a division-yeas Z7, way, if any, is a matter that they have no right to know any more nays13. than they have to know how many jurors in a given case where the jury The PRESIDENT pro tempore. The quel!ltion ia on the resolution of are out for fi. ve, or six, or twelve hours, or six days, were brought over the Senator from Vermont as amended. . from one side to the other by the reason that their fellow-jurors gave. Mr. McMILLAN, I ask for the yea.s and nay!!!. So in the ca.se of a court, the public has no right to know how many The yeas and nays were ordered ; and being taken, resulted-yeas of the judges, when the case is first stated in the consultation-room, 26, nays 16 ; as follows : - lean to one side or the other and finally conclude that the side they YEAS-MeMrs. Anthony, Boutwell Cameron of Wisconsin, Caperton, Cockrell, did not lean to is after all the true one and afterward vote accord- Davia, Edmunds, Ferry, Gordon, Hamilton, Hamlin, Harvey, Hitchcook, Kelly, ingly, and the judgment is so announced. Kernan, Logan, MoDonal£1, Morrill of Vermont, Morton, Paddock, Patterson, Ran- som, Robertson, Sargent, Wallace, and Withers-26. So it does seem to me, being as brief as possible in order to let this NAYS-Messrs. Bayard, Bogy, Booth, Conkling. Cooper, Frelinghuvsen. Ingalls, be voted on, that we, instead of securing a fundamental principle of Ke:y, McCreery, .McMillan, Merrimon, Sherman, Stevenson, West, Windom, and public propriety, are violating one in opening the doors of the Senate Wnght-16. to what are truly and really, no matter how much warmth there may Pennsylvania, NOT VOTING-MeMrs. Alcorn, Allison, Barnum, Brnce, Burnside, Cameron of Christiancy, Clayton, Conover1 Cragin, DawM, Dennis, Dorsey, Eaton, be about them, consultations of judges in arriving at a conclusion, Goldthwaire, Howe,Johnston,Jones of Flonda., Jones of Nevada, Maxoy, Mitchell, which, so far as the tribunal goes, is the conclusion of the body upon Morrill of Maine, Norwood, OglMby, Randolph, Saulsbury, Sharon, Spencer, Thur· points that are presented. man, Wadleigh, and Whyte-37. Butz Mr. Prestdent, I will not take any more time, for the reason So the resolution was agreed to. that the hour is almost up, and I do not want to prevent a vote. Mr. MITCHELL. I move to reconsider the vote by which the The PRESIDENT pro tempore. The question is on the amendment amendment of the Senator from New York was defeat.ed. of the Senator from New York,[Mr. CONKLING,] upon which the yeas Mr. CONKLING. On that motion I beg to say a word. I learn and nays have been ordered. that several Senators, who were in favor of allowing the Senate to 1\lr. MORTON. It seems to me that the amendment offered by the consider questions openly in place of considering them privily, of Senator from New York is a little too broad. The theory is that this putting it in the hands of the Senate to say whether consultationH is a court for the trial of impeachments, and the. proposition is that should be open or secret, were deterred from voting for the amend- when we are called upon to make up our opinions about a given ques- ment because of the latter clause which permitted questions to be tion we are to consult in public. put without their being reduced to writing. If the vote is reconsid- 1tlr. CONKLING. Unless we choose to consult in private. ered, as I hope it will be, I will withdraw the latter part of the amend- Mr. MORTON. I do not know of any court composed of more than ment1 so as to take the sense of the Senate upon the simple question one judge that holds its consultations in public. The judges an- whether the Senate may be permitted, if it chooses, to deliberate nounce their opinions in public when they a~ree; but when they openly and not privately. consult together about making up their opiniOns that is a private Mr. SARGENT. I rise to a point of order. The resolution, as matter, and the public is not interested in that. So far as we are a amended, has been passed on the ye~ and nays, and I understand it court, I think our consultations should be in private ordinarily. 'J:he was carried-the Chair will inform me if I am mistaken-by a vote public is not interested. of nearly two to one, 26 to 16. It is not in order to move to reconsider Mr. CONKLING. That il!l just what the amendment provides we a vote upon an amendment prior to that vote which passed the reso- may do. lution itself. Mr. STEVENSON. Is the question susceptible of division, or will The PRESIDENT pro tempore. The resolution has passed, as stated the Senator from New York modify his proposition so that questions by the Senator from California, and the Chair sustains the point of may be put in writing f order raised bv the Senator from California. Mr. CONKLING. The· rule is habitually disregarded now. Not Mr. HAMLiN. I voted with the majority. I move to reconsider one question has been so put in writing. A Senator rises and says the vote adopting ~he resolution. That will give us a chance to get "I want to put through the Chair, if it may be allowed, this ques- at the ot.her. tion; is that a letter from so and so f" Suppose he stops to write The PRESIDENT pro tempore. It is in order now to reconsider the that down. The rule requires that. The only way we proceed con- vote by which the resolution was passed. veniently now is by a disregard of the rule. I do not care anything lli. EDMUNDS. I call for the regular order. about that part of it. If my honorable friend from Kentucky wants to sit down every time that he desires to know the date of a paper 11\IPEACHMENT OF WILLIAM W. BELKNAP. and cut himself off from the privilege of just inquiring from his seat The PRESIDENT pro tempore. The hour of twelve o'clock having "what is the date of that paper," very well; it is a mere matter of arrived, the legislative and executive business of the Senate will be convenience, and I do not insist upon it. suspended and the Senate will proceed to the consideration of the Mr. STEVENSON. I have never put a question myself since the articles of impeachment exhibited by the House of Representatives trial has been ~oing on. I have, therefore, no personal solicitude in against William W. Belknap. it. I favor this proposition so far as open sessions go. It occurred The Senate then proceeded to the trial of the impeachment of to me, however, that if you allow every sort of question to be put William W. Belknap, late Secretary of War. without being reduced to writin~ we might get into a difficulty. During the proceedings of the trial Mr. SARGENT said: I move That was my only reason for makmg the suggestion. that the court take a. recess until further order, that we may receive Mr. CONKLING. It is allowed now, practically, in disregard of a message from the House of Representatives and act upon it. the rule. The motion was agreed to. Mr. FRELINGHUYSEN. What became of the motion to lay the MESSAGE FROM THE HOUSE. resolution on lhe'table f The PRESIDENT pro tempore. It was withdrawn. A message was received from the House of Representatives, by Mr. Mr. SHERMAN. I did not renew it, because I did not wish to eut GEORGE M. ADAMs, its Clerk, announcing that the House had passed oft' debate. a bill (H. R. No. 3858) to continue the provisions of an act entitled Mr. FRELINGHUYSEN. I renew that motion. "An act to provide temporarily for the expenses of the Government ;17 'l'he PRESIDENT pro tempore. The Senator from New Jersey moves in which the concurrence of the Senate was requested. to lay the resolution and amendment on the table. TEMPORARY PROVISION FOR EXPENDITURES. Mr. CONKLING. I beg to a.ppeal to the honorable Senator from New Jersey. It will require no longer to take the yeas and nays Mr. SARGENT. I ask t.hat the bill just received from the other upon this amendment than upon the other question. House be taken up and read. Mr. FR}~LINGHUYSEN. Very well; I withdraw the motion. The PRESIDENT pr~ tempore. Is there objection f The Chair The PRESIDENT pro tempore. The roll-call will p~eed on the hears none; and the Secretary will report the bill. amendment offered by the Senator from New York. The Chief Clerk read the bill at length. The question being taken by yeas and nays, resulted-yeas 23, nays :Mr. SARGENT. I ask that the bill may be put upon its passage. 24 ; as follows : By unanimous consent, the bill wa.s read twice and considered as in Committee of the Whole. It extends the provisions of the act to pro- YEAS-Messrs. Allison, Booth, Boutwell, Conkling, Cragin, Davis, Dawes, Ferry, vide temporarily for the expenditures of the Government, approved Hamilton, Hamlin, Harvev, Howo, Kernan, Logan, :McMilfan, Me.rrimon, Paddock, Patterson Ransom, Stevenson, W allaoo, W es~ and Windom-23. June 30, 1876, and continues that act in full force and effect for tha\ 4488 CONGRESSIONAL RECORD-HOUSE. JULY 10, period of t.en days from and after the lOth day of July, 1876, and no asked a. conference with the Senate on the disagreeing votes of the longer. two Houses thereon, and had appointed Mr. Omo R. SINGLETO.N of Mr. ANTHONY. I understand that this bill continues the precise Mississippi, ..Mr. WILLIAM M. SPRINGER of illinois, and Mr. J.A.M.Es a{}t that we passed ten days ago. Mo.NROE of Ohio mana.~ers at the conference on its part. Mr. SARGENT. For ten days longer. The message also announced that the House bad passed a bill Mr. ANTHONY. It was the opinion of some of the legal Senators (H. R. No. 3&;4) to continue the act entitled "An act to continue the that that bill difl not cover the public printing, and a separate act public printing;" in which it requested the concurrence of the Senate. was introduced to continue that branch of the service. I should like THE PUBLIC PRINTING. to know whether this act covers the public printing. Mr. SARGENT. The Senat.e afterward modified the former gen- ' Mr. SARGENT. It seems that the Honse is of a different opinion eral act, to which the Senator refers, by making it unquestiona.bly from myself in reference to the general law covering the matter of cover the public printing. The act with reference to public printing public printing, and have passed a bill which is sent to us to waa introduc~d at a time when it was supposed the general act would cover the public printing. I do not wish it to rest on my judgment not cover that branch of the public service; but the general act baa alone, but I ask that the Senate act upon that bill-it will take but a been modified so as to· cover it. moment to pass it-so that it can be signed to-day. Mr. ANTHONY. I only wished to call the attention of the Senate The PRESIDENT JlTO te-~npo1·e: The Chair hears no objection. to the fact. By 'unanimous consent.•the bill (H. R. No. 3884) to continue the act Mr. SARGENT. I think this act will cover it. entitled "An act to continue the public printing" was read three Mr. ANTHONY. Then there will be no necessity for passing the times, and passed. It provides that the provisions of the act to con- other bill. tinue the public printing approved June :30, 1876, be extended and The bill was reported to the Senate without amendment, ordered continued in full force and effect for a period of ten days from and to a third reading, read the third time, and passed. after the lOth day of July, 1876, and uo longer. The Senate sitting for the trial of the impeachment then resumed :U.:lPEACHMENT OF W. W. BELKNAP. its session. Mr. CONKLING. Now, let us go on with the court. The Senate sitting for the trial of the impeachment of William W. Mr. SARGENT. I call for the regular order. Belk~ap having adjourned then resumed its The PRESIDENT pro tempore. The Senator from California asks LEGISLATIVE SESSION. that the recess close. The Chair hears no objection, and it is closed. The Senate sitting for the trial of the impeachment resumes its session. The PRESIDENT pro tempore. The Senate resumes its legislative The trial was further interrupted to receive the following: business. Mr. CAMERON, of Pennsylvania. I move that the Senate proceed MESSAGE FROM THE HOUSE. to the consideration of executive business. A messagefrom the House of Representatives, by Mr. G. M. ADAMS, Mr. HOWE. I ask theSenatorto withdraw that motion a moment, its Clerk, announced that the House bad passed the following bills; if he will I move that the Senate proceed to the consideration of the in which the concurrence of the Senate was requested: bill (H. R. No. 2404) for the relief of John S. Dickson, late captain A bill (H. R. No. 629) for the relief of Jonathan White; of paroled prisoners. A bill (H. R. No. 1427) for the relief of H. P. Jones & Co.; Mr. CAMERON, of Pennsylvania. I think we had better have an A bill (H. R. No. 1479) granting a pension to Dalton Hinchman; executive session. . A bill (H. R. No. 1566) granting a pension to Elizabeth D. Stone; The PRESIDENT pro tempo-re. Poes the Senator from Pennsylva- A bill (H. R. No. 2120) granting a pension to Thoma~ W. Hewitt; nia insist on his motion 7 A bill (H. R. No. 2472) granting a pension to John Frey; Mr. CAMERON, of Pennsylvania. Yes, sir. A bill (H. R. No. 2768) granting a pension to Jnliett A. Hendrick- The motion was agreed to. son, widow of William L. Hendrickson, late private Company E, EXECUTIVE SESSION. Twenty-eighth Regiment illinois Infantry Volunteers ; A bill (H. R. No. 2894) for the relief of J. E. Pankey, of Fulton The Senate proceeded to the consideration of executive business. C01mty, Kentucky; After twenty minutes spent in executive session the doors were re- A bill (H. R. No. 3319) granting a. pension to Lemuel L. Lawrence, opened, and (at five o'clock and ten minutes p.m.) the Senate ad- late second lieutenant of Company B, in the Sixth Regiment illinois journed. Cavalry Volunteers; A bill (H. R. No. 3496) for the rille£ of James W. Love, postmaster at Patriot Indjana; HOUSE OF REPRESENTATIVES. I ~ A bill (li. R. No. 3497) granting a pension to James B. Treadwell, major Eighty-fifth Regiment Pennsylvania Volunteers; MONDAY, July 10, 1876. A bill (H. R. No. 349d) granting a pension to Arthur W. Irving, late private Company C, One hundred and fourth New York Volunteers; The House met at twelve o'clock m. Prayer by the Chaplain, Rev. A bill(H. R. No. 3499) granting a pension to Willian Buckley, pri- I. L. TOWNSEND. vate Company C, Fiftieth Ohio Volunteers; The Journal of Saturday lastwa~ read and approved. A. bill (H. R. No. 3500) granting a pension to Nelson Ainslie; MESSAGE FROM THE SENATE. A bill (H. R. No. 3501) granting a pension to Catharine Hagan; A message from the Senate, by Mr. SYl\:lPSON, one of their clerks, A bill (H. R. No. 3502) granting a pension to Maggie A. Nobles and informed the House that the Senate was ready to proceed upon the Daniel G. Nobles; · impeachment of William W. Belknap and to receive the managers on A bill (H. R. No. 3503) for the relief of Philip Rohr, of Virginia, for the part of the House, and that the Senate Chamber was prepared with tobacco seized for use of the Army ; accommodations for the reception of the House of Representatives. A bill (H. R. No. 3504) for the relief of Thomas Day; TEMPORARY APPROPRIATIONS. A bill (H. R. No. 3859) to remove the political disabilities of Man- ning M. Kimmell, late of Cape Girardeau County, Missouri; and Mr. RANDALL. Mr. Speaker, I ask unanimous consent of the A bill (H. R. No. 3011) granting a pension to Mrs. Ann Annis. House, before proceeding with the call of States in the morning The message also announced that the House had passed the bill hour, to report from the Committee on Appropriations a bill (H. R. (S. No. 627) making an appropriation to pay the claim of Butler, No. 3858) ~o continue the provisions of an act entitled "An act to Miller & Co. provide temporarily for the expenditures of the Goverument." The message further announced that the House insisted upon its The SPEAKER p1'o tempore. The Chair hears no objection. disagreement to the first amendment of the Senate to the joint reso- The bill was received and read a first and second time. lntios (H. R. ~o. 109) for the issue of silver coin; insisted upon its T~e bill, which was read, provides that the provisions of an act en- amendment to the second amendment of the Senate to the said titled "An act to provide temporarily for the expenditures of the resolution disagreed to by the Senate; agreed to the conference a~ked Government," appro-ved June 30, 1876, be extended and continued in by the Senate on the disagreeing votes of the two Houses thereon, full force and effect for a period of ten days from and after the lOth and had appointed Mr. HENRY B. PAYNE of Ohio, Mr. S.umEL J. day of July 1876, and no longer. RANDALL of Pennsylvania, and Mr. FRANKLIN LA...."''DERS of Indiana., Mr. RANDALL. I demand the previous question. managers at the conference on its part. The previous question was seconded and the main question ordered, and under the operation thereof the bill was ordered to be engrossed ENROLLED BILL SIGNED. and read a third time ; and being engrossed, it was accordingly read The message also announced that the Speaker of the Honse had the third time and passed. signed the enrolled bill (H. R. No. 3858) to continue the provisions of Mr. RANDALL moved to reconsider the vote by which the bill was an act entitled "An act to provide temporarily for the expenses of passed; and also moved that the motion to reconsider be laid on the the Government ;" and it was thereupon signed by the President pro table. tempore. The latter·motion was agreed to. MESSAGE FROM THE HOUSE. PRrnTING FOR WAYS A.l'QD MEANS COMMI'ITEE. A message from the House of Representatives, by Mr. G. M.ADAMS, 1\Ir. MORRISON. I ask unanimous consent to submit from the its Clerk, announced that the House further insisted upon its disa- Committee of Ways and Means the following resolution: greement to the amendments of the Senate to the bill (H. R. No. 1594) making appropriations for the consula.r and diplomatic service of the any Resolved, That the Committee of Ways and Means be authorized to bave printed documents for the use of said committee that they may deem necessary in con. Government for the year ending June 30, 1877, and for other purposes, nection with subjects being considered by said comnnttee. 1876. CONGRESSIONAL RECORD-HOUSE. ·4489 Mr. KASSON. That is rather broad. Cannot the ~entleman limit Distribution of U11ited States troops-Continued. it by naming the objects in reference to which he wishes documents MILITARY DIVISION OF THE ATLA...""!Tic-Continned. printed f Mr. MORRISON. I do not understand the gentleman from Iowa. Mr. KASSO~. Cannot that be limited to some class of subjects. It seems to me '!'o aut.l10rize the printing of almost anything, investi- Posts. gations or anything else. :Mr. MORRISON. It provides for the printing of necessary docu-· ments in connection with subjects now being considered by the Com- mittee of Ways and ~leans, which I think is entirely proper. Fort Niagara, New York ..........•.•.....•..•.•. 46 A.riLJ.ery. Mr. KASSON. It seems to me that is rather too broad. We ought Fort Ontario, New York ......•..•..•............ 46 Do. to know exactly wha.t: printing it provides for. Let the gentleman Fort Hamilton, New York .... ................ . . . 230 Do. Fort Wadsworth, NewYork . ................... limit it to any class of subjects, so the House may be advised what is Fort Wood, New York . ......•..........• ....... . 8.3 Do. 46 Do. proposed to be printed. Madil'!on Barracks, New York .................. . 85 Do. Mr. DUNNELL; Let the resolution be again read. Platt.sbmgh Barracks, New York ....••.......... 45 • Do. The resolution was again read. · Willet's Point, New York .. .•........... .•. .... 211 Engineers. Mr. KASSON. I must object to that in its present broad terms. It Fort McHenry, Maryland ... . .....•..•.•...•.... . Fort Foote, Maryland ................... . ....... . 197 Artillery. 50 Do. will authorize the printing of almost anything. Fort W aY?e, M!ch!gan ............. ..... ........ . 146 Infantry. Mr. MORRISON. I am willing to insert the words "in relation to Fort Gratiot, Michigan . ......................... . 39 Do. the revenue," if that will please the gentleman. Fort Brady, Michi~;an .... ....................... . Fort Mackinac, M10higan .... ............. . ..... . 81 81 !.4>· Do. Mr. KASSON. Anything in relation to the revenue, I have no ob- Fort Monroe, Virginia . ......................... . 400 Artillery. jection to. Fort .Johnston, North Carolina ..............•.... 40 Do. The SPEAKER pro temp(rre. Is there objection to the consideration Fort Macon, North Carolina .. .•.......•........ . 79 Do. of the resolution as modified t Raleigh, North Carolina .....••.....•.•....••.... 72 Do. Morganton, North Carolina .....•.....••........ . 44 Do. There was no objection, and the resolution, as modified, was adopted. Charleston, South Carolina . ...................••. 187 Do. Mr. MORRISON moved to recom'lider the vote by which the resolu- Columbia, South Carolina..... .. ............... . 266 Infantry. tion was adopted ; and also moved that the motion to reconsider be Greenville, South Carolina .. ....... ... .......... . 42 Do. laid on the table. Yorkville, South Carolina ....................... . 43 Do. t;;=:ili~o!fr\~::::::::::::::: 255 Do. The latter motion was agreed to. :::::::::::::::: 4.~ Artillery. Fort Barranca.si~lorida ......................... . 114 Do. MILITARY EXPEDITION AGAINST THE INDIANS. Fort Brooke, F orida . .......................... . 8'2 Do. Mr. BANNING. I ask unanimous consent to submit for adoption Saint A.u~stine, Florida ........•...•• . ......... 84 Do, now the following resolution: Lebanon, Kentucky ........... .................. . 37 Infan~. Resolved, That the Secretary of War be, and he is hereby, directed to report to Newport Barracks, Kentucky ..................•. 82 Do. the House the object of the military expeditions onder Generals Crook and Terry Nashville, Tennessee ...... .................... .. 158 Do. now operating against the Northwest Indians and the circumstances leading to Chattanooga, Tennessee .•.••.........•.•••...... 42 Do. their necessity, with copies of all correspondence bearin~pon the origin of the Total Military Division of the Atlantic.... 4, 017 expedition; a18o copies of all mill tary orders issued by the war Department direct- ing these expeditions under Generals Terry, Crook, and Gibbon. Mr. HURLBUT. I should like to amend the resolution offered by MILITARY DIVISION OF THE IDSSOURI. the chairman of the Committee on Military Affairs by inserting also the expedition under General Gibbon. Fort Leavenworth, Kansas .. .................... . 331 Infantry. 1\-fr. BANNING. I havE} no objection to that amendment or to nam- ing all the commanders of expeditions, Terry, Crook, and Gibbon. Mr. HURLBUT. There are three expeditions now operating, one under General Terry, one under General Crook, and another under ~~a ~~i~~a:~:::: :::::::::::::::::::::::::: Fort Larned, Kansas ... ... ........ .............. . Fort Wallace, Kansas .................. ... ...... . 42 153 96 37 156 Do. Cavalry and infantry, ..Do. Infantry. Cavalry and infantry. General Gibbon, and we want information in reference to all of them. Fort Lyon, Colorado Territory ........•••••...•.. 157 Do. The SPEAKER pro tempore. Is there objeetion to the resolution as Fort Garland, Colorado Territory ..••.....••..... 114 Do. modified. Fort Gibson, Indian Territory .........•...•..•.. 40 Infantry. Fort Sill, Indian Territory ...................... . 552 CavalrY. There was no objection; and the resolution, as modi:fie(l, was adopted. Fort Reno, Indian Territory .................... . 190 Cavalry and i.ni:antry. Mr. BANNING moved to reconsider the vot.e by which the resolution Camp S~pply, Indian Territory ..•..........•.... 68 Do. was adopted; and also moved .that the motion to reconsider be laid Fort Elliott, Texas .. . . ......................... . 199 Do. on the table. Fort Marcy, New Mexico Territory ............. . 76 Infantry. Fort Union, New Mexico Territory.· -· ··· ...... . 277 Cavalry and infantry. The latter motion was agreed to. Fort Wingate, New Mexico Territory ........... . 229 Do. Mr. BANNING. Mr. Speaker, 1 hold in my hand an official document Fort Craig, New Mexico Terri tory ..•.........•. . 59 Infantry. showing the present distribution of the troops of the United States, Fort Stanton, New Mexico Territory .•.......•. . 184 Cavah·y and infantry. showing the number under General Crook's command to be only 1,790 Fort McRae, New Mexico Territory ..•..••...... 64 Cavalry. Fort Bayard, New Mexieo Territory .. ........ . . 169 Cavalry and infantry. men ; the number under General Terry's command to be only 1,123 ; Fort Selden, New Mexico Territory ..•.•...••... . 103 Do. the number in the Territories to be 7,930; the number in the Southern Omaha Barracks, Nebraska ... .................. . 117 Infantry. States, excluding Texas, to be 3,334; the number in Texas to be 3, 718; Fort McPherson, Nebraska ..................... . 105 Cavalry and infantry, in short, an accurate statement of the distribution of United States Sidney Barracks, Nebraska ..................... . 105 Infantry. North Platte, Nebraska ...................••..... 45 Do. troops at the present time; and as there is an uneasineBB in the pub- Camp Robinson, Nebraska ................. ··-· 190 Cavalry and infantry. lic mind, many wanting to know exactly the location of the troops, Camp Sheridan, Nebraska ...•.. -- .. ·····••·•••·· 115 Infantry. . I move, if there be no objection, that the paper be printed for the Fort Hartsnfr: Nebraska . ..... .................. . 43 Do. information of the House in the RECORD, and also aa a document of Fort D. A.. Russell, Wyoin.in~ Territory .••.•.•.. 100 Do. Fort Sanders, Wyoming Territory: ........•...•.. 85 Do. the House. Fort :Fred Steele, Wyoming Temtory ........... . 61 Do. Mr. OOX. At what date f Fort Bridger. Wyoming Territory ............. .. 183 Do. :Mr. BANNING. Last Saturday. And shows we have enough troops, Camp Brown, Wyoming Territory .••••..•....•.. 123 Cavalry and infantry. Camp Stambaugh, Wyoming Territory .......... . 74 Do. if they are property distributed, to conquer the Indians against whom Fort Laramie, Wyommg Territory ......•.••..... 95 Infantry. we ha.ve sent a-very·small force. Fort Fett-erman, Wyoming Territory ........... . 101 Do. Mr. HURLBUT. Is it official f Cheyenne Depot, Wyoming Territory .. .......•.. 51 Do. Mr. BANNING. Yes, sir; official, and bears date last Saturday. Camp Douglas, Utah Territory .........•.. . ..••.. . 321 Do. Fort Cameron, Utah Territory .........•.....•••. H6 Do. The SPEAKER pro tentpore. Is there objection to the printing of Fort Hall, Idaho Territory ... ................... . 51 Do. the document in the RECORD and also as a House document T Fort Snelling, Minnesota ....................... .. 111 Do. There was no objection, and it was ordered accordingly. Fort Ripley, Minnesota ......................... . 40 Do. The document is as follows: Fort Abercrombie, Dakota Territory ........... . 112 Do. Fort Wadsworth, Dakota Territory ...•.......... 60 Do. .DistributW-n of United St{Jles troops. Fort Totten, Dakota Territory .................. . 85 Do. Fort Pembina., Dakota Territory ................ . 86 Do. MILITARY DIVISION OF THE ATLANTIC. Fort Randall, Dakota Territory .•• _••.•.•.••••••. 281 Do. Fort Sully, Dakota Territory .................... . 206 Do. Fort Rice, Dakota Territory ........ _......•..... 88 Do. Fort Stevenson, Dakota Territory ..•...•••.••..•. 65 Do. Fort Buford, Dakota Territory ...•...••.•.•..... 168 Do. Posts. Fort Seward, Dakota Territory .............•••.. 4::! Do. Fort A. Lincoln, Dakota Tenitory . ...........•.. 155 Do. Lower Brnle Agency, Dakota Territory ..•.•..••. 53 Do. Cheyenne Agency, Dakota·TeiTitory ........... . 76 Do. Standing Rock Agency, Dakota Territory ....... . 69 Do. Fort Preble, Maine .. ...•. ... ... .......•..•...... 42 Artillery. Fort Shaw, Montana Territory ....... ...•....•... 153 Do. Fort Independence, Massachusetts .. ..•.....•.... 51 Do. Fort Ellis, Montana Territory ......•••••.•....... 68 Do. Fort Warren, Massachusetts ..•••.•.....•....•... 87 Do. Fort Benton, Jwmtana Territory ................ . 45 Do. Fort A.dams, Rhode Island ....•.•.....•.....••.•. 2-51 Do. Camp Raker, Montana Territory .... ••.......... 49 Do. Fort Tmmboll, Connecticut ............... ...• .. 100 Do. Fort-:Bliss, Texas ............................... . 52 Do. Fort Porter, New Yo1·k ......................... . 85 Infantry. Fort Brown, Texas .••.••••.•..••••••.••.••••••.. 001 Cavalry and inf-antry. 4490 CONGRESSIONAL RECORD-HOUSE. JULY 10, Di8tribution of United Statu troopB-Continued. North Carolina ............................................................ . 2''!i South Carolina ............................................................ . 538 ~ri'f:: ::::::::: ::·:::.:·::::.: ::: :·::::.::: :·.:: ·.: :::::·.::: :·:. ·::. :::::::::::: MlLIT..lRY DMBION OF THE MISSOURI-Continued. 303 280 ~~1§:~~~:~ ~ ~ ~ ~:: : ~~~~:~~ ~ ~ ~ ~ ~:: ~ ~~:::: ~ ~ ~ ~ ~ ~ ~ ~ ~: ~::: ~: ~:: ~ ~~:: ~:: ~ : 214 461 506 Posta. Remarks. 200 ~~:~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 119 78 Texas .................................................................... . 3, 718 Michi~n ............................................. . ................... . 347 Fort Clark, Texas ............................... . 30.1 · Cavalry and infantry. Kansas . ................................................................... . 815 Fort Concho, Texaa .•••••.•••.•..••...••••••••••. 490 Do. Colorado .................................................................. . 271 Fort Davis, Texaa .. .•.•••••..•.•••••••••••••••• . Fort Duncan, Texaa ............................ . 313 ~9 Do. Do. ~=i;!':~!~~:::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: 1,161 850 Fort Griffin, Texas ............................. . 271 Do. Nebraska ................................................................ .. 720 ~la.~~-~-~ ::::::: ~::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: Fort Mcintosh, Texas . ...................... .... . M Infantry. 813 l'ort MoKavett, Texas .......................... . 406 Cavalry and infantry. 467 Fort Quitman, Texas ............................ . 50 Infantry. Idaho ............................................................ . ....... .. 176 Fort Richardson. Texas . ............... . .. . ..... . 182 Cavalry and infantry-. Minnesota ................................................................ . 151 Ringgold Barracks, Texaa ....................... . 304 Do. Dakota. .................................................................. .. 1, 546 San .Antonio, Texas ............................. . 55 Infantry. Montana . ................................................................ .. 315 Fort Stockton, Texru~ . .......................... . 199 Cavalry and infantry. California ................................................................ .. 9:14 .Baton Rouge, Louisiana ........................ .. 103 Infantry. Nevada . .................................................................. . 150 :Bayou Sara, Louisiana . ........................ .. Do. ~f~!;.::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 50 242 Coushatta, Louisiana . ........................... . 39 Do. 1,4 4 ft:~~~-: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: N ew Orleans, Louisiana ......................... . 12.1 Infantry. 510 N atchitoohes, Louisiana .••..••.•.••••••.••••••••. 40 Do. 131 Pineville, Louisiana ............................ .. 76 Do. In the field under General Te-rry ......................................... .. 1, 123 Shreveport, Louisiana ........................ . .. . 37 Do. In the field under General Crook ......................................... .. 1, 790 Saint MartiW!ville, Louisiana ............. . ...... . 38 Do. Holly Sprin~s •.~s8~sippi. .................. , ... . 200 Do. Total .............................................. ~ ................. 22,763 Jackson, .Ml8818Slppt .....................~ ..... . 78 Do. McCo~b City, ¥i~i~iJ!pi. ...................... . 41 Do. Nu:mh~ of troops in aouthem Statu, e:uluri~ of Ta:aa. Port Gtbson, ldi118I88lppt. ........................ . 44 Do. Vir¢nia ................................................................... . 400 Vioksbnr~h, Mississippi ........................ . 98 Do. North Carolina............................................................ .. ~ Little Rock, Arkansas .......................... . 78 Do. South Carolina ............................................................ .. 538 ~~rif:: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::·:: Mount Vernon .Barracb, Alabama . ............. . 88 Do. 303 Livingston, Alab:wna ............................ . 40 Do. 280 Mobile, Alabama . . .............................. . Hnntaville, Alabama. . ........................... . In t he field with General Terry ..•..••....•...•.. In the field with General Crook ................. . 48 38 1,790 Do. Do. 1, 123 Cavalry and infantry. Do. ~:~;ji_:::-~-~-~~~: ::_.~::::_:_:_ :_: :_:_:_:_:_:_:_:_: _:_:_:_:_:_:_:~:_:_:_:_:_:_:_:::_:_:_:_: : _:_:_: : : : : Tennessee.................................................................. . 214 461 506 200 Total Military Division of the Missouri . • . 15, 110 ~;k:~!l:::::: :·::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 119 78 Total .............................................................. .. . 3, 334 .HILITABY DIVISION OF THE PACIFIC. THOMAS .M. VINCENT, A.smtant .Adjutant-General. Alcatra.z Island, California....... . .............. . 118 Artillery and infantry. w.AB DEP.A.RTMIDi'T, ADJUTANT-GENERAL'S OFFICE, An!!el Island, California ........................ . 109 Infantry. July 8, 1876. :Benicia Barracks, California .................... . 29 Cavalry. PRIVATE BILLS PASSED. Presidio of San Francisco, California. .••...•..... 294 CavalrY and artillery. Mr. TERRY. Before going on with the morning hour I sog~est, San Diego, California ........•••... ••.•.•.....•.. 49 Cavalry. Point San Jose, California ...................... . 47 Artillery. Mr. Speaker, that the bills which were reported from the Committee Camp Bidwell, California ....................... . 112 Cavalry and infantry. of the Whole House on the Private Calendar last Satm·day and which Camp Gaston, California ! ....................... . 36 Infantry. · are now on the Speake~s table on their ·passage be taken up and Camp Halleck, Nevada .. ..................... .. 91 Cavalry and infantry. Camp Independence, California ...•.•..•••••••••. 50 Infantry. pa.ased. It will take but a very short time, as the bills were passed Camp MoDertnit. Nevada . ...................... . ·59 Cavalry. in committee without objection, Sat.urday having been made objec- Fort Yuma, California .. .. . .................... .. 90 Infantry. tion day in the Committee of the Whole House on the Private Cal- Camp Ap:whe. Arizona Territory ............... . ~0 Cavalry and infantry. endar. Camp Bowie, Arizona Territory .•••••••.•••.••.•. 132 Do. Camp Grant, Arizona Territory ................. . 255 Do. The SPEAKER pro tempore. That can be done by unanimous con- Camp Lowell, Arizona Territory .••••••••••...... 196 Do. sent. . Camp McDowell, Arizona Territory ........... .. 123 Do. Mr. REAGAN. I do not object if it does not interfere with the Camp Mojave. Arizona Territory .............. .. 66 Infantry. morning hour. Camp Verde, Arizona Territory . ................ . 280 Cavalry and infantry. Fort Whipple, Arizona Territory ..••••.....••.•. 126 Do. The SPEAKER pro tempore. Does the gentleman object f Prescott, Arizona Territory . .............. . ..... . 26 Infantry. Mr. REAGAN. I object if it interferes with the morning hour. Fort Boise, Idaho Territory ..................... . 34 Do. But if we are to have the morning hour, then I do not object. Fort Lapwai, Idaho Territory . .........•......•.. 91 Do. The SPEAKER pro tempore. It will not do away with the morning Fort Canbr, Washington Territory ............ .. 36 Artillery. Fort Colville, Washin::;ton Territ-o!Y· .......... .. 68 Cavalry. hour if these bills are taken up and passed at this time. Fort Townsend, Wa-shington Temtory ...•..•... 39 Infantry. Mr. REAGAN. If it does not interfere with the morning hour of Fort Vancouver, Waabin~n Territory ..•..•. ; .. 180 Do. con.rse I do not object. Fort Walla Walla, Wa.sbmgton Territory .....•. . 187 Cavalry and infutry. The SPEAKER pro tempore. Does the Chair understand the gen- Camp Harney, Oregon .....•. ...•.....•.•....•••. 97 Do. Fort Jtlamath, Oregon ......................... .. 107 Do. tleman as waiving his objection T Fort Stevens, Oregon . . ........................ .. 38 Artillery. Mr. REAGAN. I do waive my objection if it does not interfere Fort Wrangel, .AIMka Territory ...•...•..•• . .•. . 33 Infantry. with the morning hour. • Sitka, Alaska Territory ........................ .. 98 Artillery. The SPEAKER pro temp()re. The morning hour will only be post- Total military division of the Pacific..... . . 3, 576 poned to a later period of the da.y. Mr. HOLMAN. I rise to a parliamentary inquiry. What is the RECAPITUL.A.TIO~ BY .MILITARY DIVISIONS. question before the Honse f The SPEAKER pro tempore. The gentleman from Virginia. [Mr. !~?_:_:_:_:_::_:_:~:_:_:::: _:_:_:_:_:_:_:_:_:_:_:~:_:: ::::::::::::::::::::::::::::::::::::::: 1~: ~~ TERRY] asks by unanimous consent that bills reported from the Com- mittee of the Whole Honse on the Private Calendar last Saturday be Aggregate .......... ~............. . . .. . . ... . . • .. .. .. .. .. .. .. • • • • . .. . . 22, 763 taken up and passed. NOTE.-The foregoing stat.ement exhibits only the nnmber of officers and enlisted Mr. TUFTS. I object until after the morning hour. men serving at regUlar garrisoned posta or operating in the field against Indians, Mr. TERRY. It will not interfere with the morning honr, and I making a total of 22,763. Adding to this 4,216 belon~ing to the detachments at West hope the gentleman will withdraw his objection. Point. Ordnance Corps, non-commi8Sioned staff of the .Army, recruits at depot-s, in Mr. TUFTS. I withdraw my objection. rendezvous and tn rouu, and aU other officers and men not serving at garrisoned The following House bills, reported from the Committee of the ·posta would swell the force now in service t-o 26,979. The foregoing distribution will be ehanged by 1!6mling six companies of the Whole Honse on the Private Calendar, with the recommendation that Twenty-second ~nfantry from the lake posts, ana six comJanles of ·the Fifth In- they do pass without amendment, were taken from the Speaker's =~~:-J~~~~ ~=~1 Terry,and five companies of eFourteenth hfantry table, severally read a first and second time, ordered to be enurossed and read a third time; and being engrossed, were accordingly read RECAPITULATIOlt BY STATES AND TERRITORIES. the third timo, and passed: Maine . ..... . ................................. . .......................... .. 42 A bill (H. R. No. 629) for the relief of Jonathan White; Massachusetts ............................................................ . 138 .A bill (H. R. No. 3490) for the relief of James W.Love, postmaster Rhode Island ...... . ..................................................... .. 251 at Patriot, Indiana; Connecticut . .............................................................. . 100 A bill (H. R. No. 3319) granting a pension to Lemuel L. Lawrence, Now York ...................................................... . ......... . 877 late second lieutenant Company B, in the Sixth Regiment Dlinois W!~~~::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 247 400 Cavalry Volunteers; 1876. CONGRESSIONAL RECORD-HOUSE. ... 4491 A bill (H. R. No. 3497) granting a. pension to James B. Treadwell, :Mr. SEELYE. I desire to have that distinctly expressed. major Eighty-fifth Regiment Pennsylvania Volunteers; Mr. HURLBUT. I object to any special commission for that pur.; A bill (H. R. No. 349!:)) granting a pension to Arthur W. Irving, late pose, but am quit-e witting that the Committee on Foreign Affairs private Company C, One hundred and fourth New York Volunteers; shall take charge of this matter. We are loaded down now with spe- A bill (H. R. No. 2768) granting a pension to Jnliett A. Hendrick- cial committees, and I think this should be intrusted to the Commit- son, widow of William L. Hendrickson, late private Company E, tee on Foreign Affairs, whose duty it is to take charge of it . Twenty-eighth Regiment Illinois Infantry Volunteers; .Mr. TOWNSEND, of New York. I object to the present consider- A hill (H. R. No. 1479) granting a pension to Dalton Hinchman ; ation of the resolution. A bill (H. R. No. 2120) granting a pension to Thomas W. Hewitt; SEITLERS UPON CERTAIN LANDS n; MINNESOTA. A bill (H. R. No. 2472) granting a pension to John }"'fey; Mr. STRAIT. I ask nnanimous consent to take from the Speaker's A bill (H. R. No. 3499) granting a. pension to William Buckley, pri- table and have put upon its pa88age at this time the bill (S. No. 547) vate Company C, Fiftieth Ohio Volunteers; for the relief of settlers upon certam lands in the State of Minnesota. A bill (H. R. No. 3011) granting a pension to Mrs. An:u. Annis; The SPEAKER pro ttmpore. Is there objection to the consideration A bill (H. R. No. 3500) granting a pensio:u. to Nelson Ainslee; of this bill at this tinie' A bill (H. R. No. 3501) granting a pension to Catharine Hagan; Mr. HOLMAN. Let the bill be read. A bill (H. R. No.l566) granting a pension to Elizabeth D. Stone; The bill was read. A bill (H. R. No. 350'2) granting a pension to Maggie A. Nobles; Mr. HOLMAN. Withholdin~ my objection for -the moment, if I A bill (H. R. No. 3503) for the relief of Philip Rohr, of Virginia, :for may he permitted to do so, I ·WISh to say that I have no objection to tobacco seized for ll8e of the Army : and this bill provided the grant to this road may be declared forfeited by A bill (H. R. No. 3504) for the relief of Thomas Day, of Indiana. the bill itself. I propose to add the following words: The following House bills reported from the Committee of the Whole House on tlle Private Calendar, with therecomm~ndationthat And the ~t of lands heretofore made to the said company is hereby annulled. they do pass with amendments, were taken up, the amendments con- :Mr. STRAIT. I must decline to accept that amendment. curred in, and the bills, as amended, severally ordered to be engros~d Mr. HOLMAN. '!'hen I object. and read a third time; "and being engr08800, they were accordingly FU~NERAL OF THE LATE HON. EDWARD Y. PARSONS. read the third time, and passed: A bill (H. R. No. 1427) for the relief of H . .P. Jones k Co.; and The SPEAKER pro tempot·e. The gentleman from Illinois, [Mr. A bill (H. R. No. 2894) for the reli~f of J. E. Pankey, of Fulton HARTZELL, 1 appointed on the committee of seven to take order for County, Kt'ntucky. superintending the .funeral of the late Bon. EDWARD Y. PARSONS, The following Senate bill, reported from the Committee of the being detained at home by reason of sickness in his family, the Chair Whole House on the Private Calendar, with the recommendation that has appointed in his place the gentleman from Kentucky, Mr. WmTE. it do pass, was also taken up and ordered to a third reading; and it SILVER COIN BILL. was accordingly read the third time, and passed : .The SPEAKER pro tempore. The Chair afso desires to announce as An act (S. No. 6Z7) making appropriation to pay the claim of But- the managers of the conference on the part of the House on the dis- ler, Miller & Co. agreeing votes of the two Houses on-the bill commonly known as the Mr. WALLING moved to reconsider the votes just taken; and also silver bill :Mr. PAYNE of Ohio, lli. RANDALL of Pennsylvania, and moved that the motion to reconsider be laid on the table. Mr. LANDERS of Indiana. The latter motion was agreed to. RESIGNATION OF RON. JAMES G. BLAINE. MANNING 1\l, KIMMELL. The SPEAKER pro tempore. The Chair also desires to lay before Mr. HATCHER. I ask unanimous consent to introduce a. bill (H. the Hous~ at this time the following communication received by R. No. 3t359) to remove the political disabilities of Manning M. Kim- telegraph from the Governor of Maine. mell, late of Cape Girardeau County, Missouri, and to put it on its The Clerk read as follows: passage at this time. It i8 accompanied by a petition requesting the AUGUSTA, MAINE, Jt/Jy 9, 1876. removal of his dieabilities. To Hon. MILTO~ SAYLER, S~ker of the Home of R~ruentativu: There was no objection, and the bill was read a first and second time. Having tendered to the Hon. J A¥ES G. BLAINE the appointment of Senator in ~o.n~resa, he has placed in my hands his resignation as Repreaentative from the The bill, which was read, provides (two-thirds of each House con- uriru distriot of Maine, to take effect Monday, July 10. curring therein) that the political disabili,iesimposed upon Manning SELDEN. CONNER, M. Kimmell, late of Cape Girard('lau County, Missouri, by the four- Governorof MtJi'M. teenth amendment of the Constitution of the United States by reason ORDER OF BUSINESS. of participation in the late rebellion, be removed. - The SPEAKER pro tempore. The morning hour begins at forty min- The bill was ordered to be engrossed and read a third time ; and utes after twelve o'clock; and this being Monday, the first business in being engroi18ed, it was accordingly read the third time, and passed; order is the call of the States and Territories, beginning with the two-thirds voting in favor thereof. State of Maine, for the introduction of bills and joint resolutionsfor Mr. HATCHER moved to reconsider the vote by which the bill was reference to their appropriate committees, not to be brought back on passed ; and also moved that the motion to reconsider be laid on the motions to reconsider. Under this call memorials and resolutions of table. State and territorial Legislatures may be presented for reference and The latter motion was agreed to. printing. CHINESE IMMIGRATION. DEWITI C. CUMMINGS. Mr. FAULKNER. I ask unanimous consent to report from the Com- Mr. MAcDOUGALL introduced a bill (H. R. No. 3860) for there- mittee o,n Foreign Affairs in reference to a matter I thin)c ought to lief of Dewitt C. Cum min~; which was read a first and second time, be considered at once. I send up a preamble and resolution which I and, with the accompanymg petition, referred to the Committee on 88k the Clerk to read. Patents, and ordered to be printed. The Clerk read as follows : IMPROVED TRANSIT IN POSTAL SERVICE. WhereM there are now in California and the adjacent Pacific States about one Mr. HOSKINS introduced a bill (H. R. No. :i861) to provide for hundred thousand Chinese and other persons of the Mongolian race· and whereaa testing certain methods of improved transit in the postal service, and the said population is increasing at the rate of from eight hundred oo' one thousand a week; and whereas it is estimated that 90 per cent. of said immigration consists for extending the same when in snccessfnl operation; which was read of C?olie.s, poona, or persons held in like condition of service or temporary bonda~e a first and second time. havmg no sympathy and seekinrr no a880Ciation with the political. social, or Chns: Mr. KASSON. I ask that the bill may be read. tian efements of Raid States; an."'IAL EXHIBITION. their wholesale rejectioJ!. of our work manifests a ((etermination to Mr. MORRISON, by, unanimous consent, reported from · t~e Com- antagonize this House at every point. It ha.a been asserted, and I be- mittee of Ways and Means a joint resolution (H. R. No. 146) to amend lieve it has never been disp:n ted, that when this ~ill first wen~ over the act approved Jtme Hl, 1874, relating to the admission of articles to the Senate they determined .to restore all the provisions. contained intended for the international exhibition of 1876; which was read a in the corresponding bill of last year Be that as it mar, the result first and second time. . • of their action shows that they were not willing to a.J.)ow any retrench- The q uest.ion was upon ordering the joint resolution to be engrossed ment whatever, although when we come into conference with them· and read a third time. · now they admit that much can be done in that way. The joint resolution provides that the act approved June 18, 1874, The first committee of conference met, and I think the gentleman entitled "An act to admit free of duty articles intended for the in- from Pennsylvania [Mr. RANDALL] will bear me out i.o. the statement ternational exhibition of 1876," sha.U be amended so as to permit the that when the question was distinctly a-sked of the conferees on the sale and delivery during t.he exposition of goods, wares, and mer- part of the Senate whether they intended to make any point on chandise heretofore imported and now in the exhibition building! changes of law proposed by the House, they answered that they did subject to such regulations for the security of the revenue and the not iutend to stand upon that, did not intend to make any fight ou collection of duties thereon as the Secretary of the 'f1·easury.may in that ground. . , his discretion prescribe; that the entire stock of each exhibitor, con- We t.hen'went earnestly ..to work 1 and first took up the diplomatic sisting' of the goods, wares, and merchandise imported by him, and part of the bill, in order to see how near we could get together upon now in said buildings, shall be liable for the .payment of duties ac- the salaries of our first-class ministers abroad. We very soon found cruing on any portion thereof, in case of the removal of such portion that the conferees on the part of the Senate were not disposed to from said buildings without payment of the lawful duties thereon; meet the Honse, as we believed, in a spirit of proper liberality on that and that the penalties prescribed by and the provisions ·contained in point. It was contended that the salaries of$17,500 were but just and section 308'2.of the Revised Statutes ~ball apply in the case of any proper and ought not to be chan.~.ed, while the House conferees stood goods, wares, or merchandise now in said buildings, sold, de}ivered, to the provisions ~f the House ~i.u. ,It was at this point that the dis- or removed without payment of duties, in the same manner as if the agreement took place. goods, wares, or merchandise had been imported contrary to law~ and That fact was reported to the House and a. new conference was or- the article or articles so sold or uelivered or removed shall be deemed dered. The Speaker of the House re-appointed the same committee and held to have been so imported with the knowledge of the }larties for reasons satisfactory to himself, and the P,resident. of the Senate respectively concerned in such sale, delivery, or removal .. did the same thing, and it turned on~ to be exa~tly the old con;unit- The joint resolution was then ordered to be engrossed and read a tee. We met again a few days ago, and when we went into session third time; and being engrossed, it was accordingly read the third gentlemen may imagine our surprise when the conferees on the part time, and passed. · of the Senate receded from the position they bad first taken and de-. cla.red that they never would recognize. the right of this House to CONSULAR AND DIPLOMATIC APPROPRIATION BILL. insert in appropriation bills any changes of existing law for. the pur- Mr. SINGLETON submitted the following report, which was read pose of reducing salaries unless it suited the Senate to agree thereto. by the Clerk: Although they had waived this objection in. the first instance, we . Tbe committee of conference on tbe disagreeing votes of the two Houses on the found that at our next meeting they took that ground to which they amendments of tbe Senate to the bill (I(. R. No. 1594) making appropriations for now adhere, declaring that under no circumstances whatever will the consular and diplomatic servjce of the Government for the year ending J nne they assent to the principle that this House has a right to change s~l­ 30, 1877, and for other purposes, having met, after full and free conference have been unable to agree. aries without the consent of tlie Senate. 0. R. SINGLETON, Now, in view of all the facts, it does seem very strange that the SAM. J. RANDALL, Senate should think proper to take this position with them. I cannot CH.A.S. FOSTER, Manage-rs on the part of the House. but regard it as more a. matter of punctilio than a contest for any A. A. SARGENT, , grand prerogative belonging t.o the Senate, because, sir, the doctrine FRED. T. FRELINGHUYSEN, for which that body now contends has been in times past departed • • I R: E. WITHERS, from again and again. New legislation Of every de~cription has been Managers on the part of the Senate. incorporated into appropriation bills. ~eed I name a few.instancesf Mr. SINGLETON. I am instructed to ask the House further to in- Why, sir, the ~rst civil-rights bill passed by Congress was put on to .stst upon its disagreement to the amendments of the Senate and to an appropriation bill, although it was not germane to.it and had no request another conference on the disagreeing votes of the two Houses connection with it whatever, and it was forced through against the thereon. wishes of a minority. · I will not detain the House by a lengthy speech, but it is proper that More than that, it will be remembered that several years ago the I should make a few remarks in reference to the grounds of disagree- bill of Mr. Orth, of Indiana, changing our w:ho1e consular .s ystem from ment between the. two Houses. It will be remembered that at an beginning to end, making new classifications and re-arranging the early day of this session this bill was passed by the House after a salaries of all the consuls, was put upon an appropriation bill and in very thorough consideration and honest investigation on the part of that form passed through the two Houses of Congress, both hranches the Committee on Appropriations, and I believe there were bnt one being then republican; and no objection whatever was made to it. or two dissenting votes on its final passage. Some objections were So it has been again and again that changes of existing laws affecting made to the bill, it is true, by members {)ll · the other side of the almost every subject of legislation have been mad~ in appropriation House, while it was being considered; but when the vote came to be bills without protest upon the part of the Senate. . taken upon its passage there were but one or two recorded against it. But, air, all those changes were in the .i nterestof o.Llice-holders-·wi.n- 4494 CONGRESSIONAL RECORD-HOUSE. JULY 10, crea.se saiaries, not to reduce them. As long as the movement was in the Senate will not agree to this change, but msists upon holding that direction, as long as you were giving to the officers of the Gov- these missions up to $17,500. ernment more than they already received under the existing laws, Mr. HAIJE. Let me ask the gentleman a question. as long as they were made the recipients of the people's money, not Mr. SINGLETON. Verywell, sir. one word of complaint ever came from the Senate. If they are sin- :Mr. HALE. The gentleman referred to the increase of salaries of cere in asserting the prerogatives of the Senate and in contending for certain missions as having been put by the House upon an appropria- the riO'hts and privileges of that body, how does it happen that this tion bill, did be not 7 is the~:)first time we have heard any complaint of changes of law upon Mr. SINGLETON. I say they were ingrafted upon appropriation appropriation bills 7 It is not easily accounted for. At the begin- bills; that is, the salaries of ministers to Germany and England. ning of this session the Committee on Appropriations understood the Mr. HALE. YeM, sir; and let me put this question to him. difficulties that were in their way. They knew perfectly well that Mr. SINGLETON. Very well, sir. under the construction which had been given to the one hundred Mr. HALE. The House upon an appropriation bill put on an in- and twentieth rule of this House they could not cut down salaries, crease of certain salaries and sent it to the Senate, thereby changing they could not retrench expenses ; that under this rule the only move- the law. Now, does the gentleman hold that when the Honse did that ment which could be made toward changing the law was to increase it had the right to &ay to the Senate, " We have put on this increase salaries and enlarge the expenses of the Government. Therefore, at of salaries and you must submit to it, or we will not let your bill go the first meeting, I believe, of the Committee on Appropriations, we through t considered that matter and proposee limited to the power to propose to the Senate what ments of the Government. These reductions change the existing law amount of money should be contribnted by the tax-payers of this in relation to salaries, but such changes have been made in every in- country. It is asserted with great con.fidence that while this House stance in the direction of the retrenchment of expenditures. may propose amendments to existing law it may also insist npon its . It has been estimated that these reductions in the,appropriation .a mendments and ask a committee of conference upon the disagreeing b1lls already passed are 64,000,000, in round numbers, below the votes. But should this Honse, the immediate representatives of the estimates of the various Departments for the fiscal year in which people of this COUJ+try, adhere to their measurea of retreRchment, 4500 CONGRESSIONAL RECORD-HOUSE. JULY 10, adhere to the bills which have been passed redueing the expenses of and the manner of providing for the original revenue bills were sub- the Government at least 30,000,000 below the past year, adhere to jects of ~om promise ancl concession. Inasmuch as the smaller States the position that the House of Representatives has the exclusive are allowed equal representation in the Senate with the larger ones, the power to originate money bills, such adherence on our part would be larger States insisted upon retaining the power of originating money absolute revolution. From this position I most respectfully dissent. bills in the Honse of Repre entatives. So intimately is the subject This House, if it understands its proper functions and powers, will of appropriation connected with the raising of the necessary reve- also dissent; anti I am sure that the people of this country, already nue to meet such appropriations that the phra e "bills for raising bowed down by the weight of taxation which has been heaped upon revenue" has always been construed to cover all bills maldng appro- them year after year in the past, struggling now for a reduction of priations. public expenditures, as well as denying themselves the luxuries of 1\I.r. BURCHARD, of Illinois. I desire to ask the gentleman if he life by a reduction of their domestic expenses, will also dissent from maintains that the Senate has no power to originate bills to appro- this position. · · priate money, no power to act upon or pass an appropriation bill orig- I desire to call the attention of the House to another position as- inatin~ in the Senate taking money out of the Treasury f sumed by the honorable Secretary of the Treasury. He said on the Mr. SPRINGER. I will answer that question. I understand that occasion above referred to: by virtue of the Constitution of the United States all revenue billB Where an amendment of a statute is proposed by one side and the other side dis- must· originate in the House of Representatives, but the Senate may sents, the party proposing is the innovating pa,rty, and so far as I know in the propose or concur in amendments as in other bills. whole history of the country the innovating party always retires. I understand also that the writers on constitutional law almost uni- This brings me to the consideration of the question of the power of versally construe the term "revenue hills" to include appropriation the House of Representatives over money bills. The first clause of bills, and that the power and authority of the House to originate ap- the seventh section of the first article of the Constitution of the United propriation bills is exclusively in this body, although the Senate may States declares: propose amendments thereto. All bills for raising revenue shall originate in the House of Representatives ; but Mr. BURCHARD, of Illinois. I desire to ask the gentleman if it the Senate may propose or concur with amendments, as on other bills. has not been the practice for nearly a century past fo.r the Senate to The term'' reve·n ue bills" used in this connection was meant to inclunstitution of the Senate. Accord- stating that his object was to have these bills considered by the Sen- ing to the reason of the rule the great appropnation bills must be equally within ate in consequence of delay on the part of the House of Representa- its intendment; the reason is as stron"' in one case as in the other. tives in considering and sending to the Senate appropriation bills. In Secondly. There is a second consideration, founded on the familiar use of the order to illustrate this delay on the part of the House he submitted term money bills throughout the debates in the convention, as applicable t~ the bills which the Senate cannot originate. I need not occupy time by reference to a statement showing the days on which the principal appropriation instances, but whoever takes the trouble to investigate the matter in Mr. Madi- bills for the.support of the Government were received in the Senate son's reports of the debates, and also in the report of the Virp:inia convention will from the House of Representatives, and the number of days of each find that this term is universally employed, unless indeed where Mr. Gouve~eur session expended by the House of Representatives before maturing Morris 11 uses the broader term "money plans," (ibid., page 282;) and Mr. Gerry money matters," (ibid., page 283.) Now, all of these phrases are already appll. and passing each bill, and the number of days left of each sesaion to cable to "appropriation bills," by which the Government is carried on, and the in- the Senate for its action upon each bill. He also argued that the ference seems rrresistible that the parties who used them must have had such Senate had power to originate appropriation bills. The same view bills in mind. was taken by Mr. R. M. T. Hunter, Senator from Virginia ; by Mr. The third reason advanced by Mr. Snmner was founded on the ex- Toombs, of Georgia; by Mr. Clayton, of Delaware, and other.s. But ample of England, which was obviously in the minds of the framers Mr. Seward, of New York, a:rping upon the subject from a constitu- of the Constitution; and he proceeded to explain the English system tional stand-point, took a dinerent position. He sa-id: at length. He then said: It is true that according to the letter of the Constitution appropriation bills may Thus on three accounts, first, by the reason of the thing; secondly, by the familiar be orip;inated by the Senate, for they are not strictly revenue bills; yet we all know use of the descriptive term ''money bills" in all the debates; and, thirdly, by the that in point of fact they have come into the place of revenue bills. We make a example of England, the conclusion seems irresi8tible that 11 appropriation bills," by revenue bill but once in t~n or twelve years, and t.hese appropriation bills are in which the Government is carrierl on1 are within the spirit of the interdict upon the fa{}t what were intended, I suppose, by the framers of the Constitution as bills of Sena~, and th!lt ~his ~ody ~annot on gina~ su<:b ~ills without a violation of a well- revenue. They appropriate the revenue which is only regulated by a. bill passed established prmClple mher1ted from Enghsh Jurisprudence, and also without un- once in a period of several years. Now, notwithstanding all the mconveniences hinging, according to the language of Colonel Mason in the Federal convention, attendant on the present mode of transacting business, I am quite satisfied that that compromise by virtue of which the small States are admitted to an equality this branch of the nntionallegislation is more safely reposed in the House of Rep- of representation on this floor. resentatives of the United States-representatives :from limited districts, the direct Then follow in the course of Mr. Sumner's remarks the following representatives of the people themselves and not of the States; representatives question and answer: responsible to the peopfe directly and immediately at the expiration of every two years. I think it would be very much to be deplored, so far as concerns the appro- Mr. TOUCEY. I would beg leave to ask whether he denies the power of the Sen- priation of the public monev, that it should in any degree be withdrawn from that ate to originate appropriation bills Y House and concentrated in'the Senate of the United States. As the tendency of Mr. SUMNER. I have already said that the language in the Constitution seemed things strikes me it is now, as it has for many years been, to concentrate in the to me indefinite. It is not on the face of it clear. I am driven therefore to con- Senate a larger share than in the House of the varioul4 legislation which the coun- temporaneous evidence in order to seek its precise meaning; and referring to that try requires. That happens so because the number of this body is smaller; because my conclusion is that according to the spirit of the Constitution it does not belong its rules, therefore, are more practicable and business can be more feasibly t.rans- to this body to originate appropriation bills. acted; while, on the other hand, the constitution of the other House is such that Such was the position of M:r. Charles Sumner, of Massachusetts, the business is more slowly transacted and with great difficulty. But if I know anything of the constitution of the two Houses, what I do know has led. me to be- upon this subject in 1856. At that t.ime the Senate had a majority of lieve that proposed appropriations are more carefully examined by committees in democrats, while the House of Representatives had elected a repub- the House of Representatives than they naturally would be here; and that if this lican for Sp~er, an~ that party had a controlling majority in the be not the fact, and if our committees are equal, yet there is a more strict sense of accountability on the part of members of that House in regard to the fiscal affairs House. While the VIews of Senator Sumner at that time, or even of the Government. It is for these reasons, while I think some remedy is neces- now, may not be conclusive upon democrats, vet I insist tbat they sary for the inconveniences which have been suffered-and lam willing to vote for ought to be sufficient to satisfy my colleague and the gentlemen this resolution of inquiry-I yet at the same time am far from believing it will be upon the other side of this House and the dominant party in the right or safe or judiCious or strictly within the spirit of the Constitution for us to Senate. assume this ~t branch of business, which properly belongs to the Commons of t.he country, the House of Representatives, accordin~ to the previous settled habit But there was further discussion upon this subject at that time. of the country. Senator Wilson, of :Massachusetts, late Vice-President of the United Mr. Sumner, of Massachusetts, discussed the subject at great States, was then a Senator. He said that he should not detain the lengt.h, citing numerous authorities from the debates in the consti- Senate at length by entering into a further discussion of the ques- tutional convention and from writers on parliamentary and consti- tion. He only desired to say that he should vote against the propo- tutional law. His speech will be found on page 379 of the Congres- sition; for, said he- sional Globe, first session of the Forty-Fourth Congress, volume 32. Whaf"A:v~r ma:y be the constitutional powers of the Senate to oricinate general appropnation bills, there can be no doubt of the fact that when the Constitution of I may be pardoned for quoting from this speech somewhat exten- the United State." was framed, its framers supposed that thls was a compromise be- sively from the fact that it bears directly npon the question which tween the States and the people, that the theory settled in the Constitution was my colleague [Mr. BURCHARD] has put to me, and also is a subject of t.h at money bills-l!eneral appropriation bills-should originate in the Honse of the greatest importance at this time. Mr. Sumner said: Representatives. The debates in the convention referred to bY, my colleague- the debates in the St:l.te convention, as will appear if Senators w1ll examine those We are carried first to the words of the Constitution, which are as follows: debates-abundantly sustain that position. ".All bills for raising revenue shall originate in the Honse of Representatives; He further said: but the Senate may pl'Opose or concur with amendments as on other bils." Under this provision the annual appropriation bills for the Army, Navy, Post- The practice of the Government, of the wise men who framed the Constitution Office, and civil and diplomatic service, from the beginning of the Government, have originated in the House of Representatives, and this has always been done, I from the year 1789 to the year 1856, during two entire generations, bas been adhere to this policy. to believe, without question. It is now proposed to reverse this standing policy and to originate theae bills in the Senate; and this proposition has the sanction of the He also said that he preferred that the House of Representatives, Committee on Finance of this body. representing the people, should mature the general appropriation bills The proposition is a. clear departure from usage. and on this account must be re- of the country and take the lead in the appropriation of the money of garded with suspicion. A slight examination Will demonstrate that it tends to a the country; therefore he hoped that the Senate would make no subversion of well-established landmarks. change whatever. Mr. Sumner then proceeded to discuss the subject in the light of I commend these views to the gentlemen on the other side of the the debates on the Federal Constitution, showing that the provision House. The resolution, however, being one simply of inquiry, was in the Constitution which he bad quoted was the result of a comprp- adopted without a division, and the Senate did actually prepare and mise between the larger and the smaller States; and also showing pass at that session two of the general appropriation bills; but it that the phrases "revenue bills," " money bills," and "appropriation appears upon examination of the records of Congress that the House bills" were used as synonyms in all the debates on this subject. He paid no attention whatever to the appropriation bills which origi- also showed from these debates that great stress was pla~ed upon this nated in the Senate, but proceeded, as was the unbroken custom of provision of the Constitution in reference to revenue bills, Colonel this body, to mature and pass all the great appropriation bills in the Mason having stated in the convention that "to strike out the section first instance. The House at that session, by disregarding the bills was t.o unhinge the compromise of which it made a part." After cit- that came from the Senate, asserted its power over appropriation bills ing these authorities, Mr. Sumner further said: and its right to originate such bills to the exclusion of the Senate; .And this brings me, sir, to the precise meaning of this provision. The seeming and I may here remark that that was the first House of Representa- inc1efiniteness of the term "bills for raising revenue" may perhaps furnish apology tives that ever assembled in this country in which the republican for the present effort. It maybe argued t.hat while the Senate is placed under cer- party had a majority sufficient to elect the presiding officer. In fact tain restrictions it may nevertheless originate "appropriation bills." This of it was at the very organization of the party, if indeed it can be said course is a. question of interpretation. Does this interdict upon tbe Senate ex- to have been organized at all at that time. The majority o£ that tend to the bills by which money is apP.ropriated to the suprrt of the Govern- ment as well as by those bills by which It is directly obtained Are apvropriation House was rather an opposition majority, composed of a.ll elements bills included under the term" bills for raising revenue 7" Now, I cannot; join in then in opposition to the administration of Mr. Pierce. the opinion so confidently expresse(l by the Senator from Virginia [Mr. Hunter] Mr. BURCHARD, of Illinois. Will my colleague inform me 'Yhnt and the Senator from Georgia. [Mr. Toombs] that it was clearly the intention of party had control of this House when it pa-ssed a joint resolution in the Constitution to concede to the Senate the power of originating all appropria- tion bills; nor on the other hand do I assert that such exercise of power is in the regard to the W aahington Monument, requiring an appropriation, stl'ict sense unconstitutional. I approach the question as an inquirer anxious to which originated in the Senate t 1876. CONGRESSIONAL RECORD-HOUSE. 4503 Mr. RANDALL. There was no appropriation in it. Judge Tucker says: . • "Now as the rel!l.tion between taxation and representation m one branch of. the Mr. BURCHARD of Illinois. It looks to an appropriation and Legisla~e was fixed by an invariable standard, and as that branch of the LegiSla- promises one. Sev~ral pension bills have been pMSed that originated ture possesses the exclusive right of originating bills ~n the subject !>f rev.enue, in the other House. the undue weight of the smaller States is guarded ag3J.Il8t effectually m the unpo- Mr. SPRINGER. Many things of that kind may have been don~. sition of burdens." (1 Tucker's Blackstone, appendiX, 195.) I do not refer to penion bills and other minor matters. The Consti- I call the attention of the Honse and the Senate also, where at tution by its spirit, was framed with reference to the great appro- least one of its members will recognize in this document principles priati~n bills-the supply bills of the Honse of Commons. In the which he so recently cherished, to the conclusion of this able report: Forty-first Congress the question was rais~~ whether the Senate had the right to originate an act to repeal the mcome tax after the 31st Your committee think the assertion of the proper privileges of this House in relation to money bills important, in order to pres~rve that balance of po~er. and day of December, 1869. The Senate passed the bill and sent it to influence which the framers of the Constitution mtended should be mamtained this House. When it was taken up here, on the 27th of January, 1871, when the clause undE-r consideration was inserted in that instrument, and therefore the House passed the following resolution: • present for the consideration of the House, the accompanying resolution: Resol~ed That this House maintains that it is its sole and ex:clos~ve privilege Resolved That the Senate bill (S. No. 1083) to repeal so much of the act approved to originate all bills directly affecting the rev:enue, wheth~r such ~ill l;>e, for tJ;te July 14, uho, entitled "An aet to reduce internal taxes, and for other purposes," as imposition, reduction, or repeal of .taxes; and m the exermse. of t~ pnVIle~e, ~n continues the income tax after the 31st day of December, A. D. 1869, be returned to the first instance, to limit and appomt the ends, purposes, consideratiOns, anr bills." The bill was returned to the Senate with a copy of said resolution The Senate thereupon asked for a committee of conference on the This is the last of the numerous precedents furnished by the legis- resolution with which the Honse at once complied, as an act of court- lation of Congress, so far as I am advised, in favor of the position esy, the q~estion involved being the pri11ilege of the House. now occnpies, Poppleton, forthwith to provide the usual refreshments for members of the House during the Randall. Rea, John Reilly, James B. Reilly, Rice, Riddle Roberts, Rolnnson, Savage, remainder of the session in the ~?!oak-rooms of this Hall in place of iced water. Scales, Singleton, Slemons,William E. Smith, Southard, Sparks, Spencer, Springer, The SPEAKER pro tempore. By the vote the resolution seems to be Stevenson, Stone. Terry, Turney, John L. Vance, RobertB.Vance.John W. Wallace, unanimously carried. Walling, Walsh, Erastus Wells, Wi~gintill, Mr. BLAND. That does not preclude the drinking water! Some Meade, Miller, Monroe, MorriROn, Mutchler, Norton, O'Brien, O'Neill, Page, Pierce, Piper, Platt, Potrer, Powell, John Robbins, Milt'S Ross, Rusk, Sampson, Schl~cher, of us may wish water. [Laughter.] Seelye, Sinnickson, Smalls, A . Herr Smith, Strait, Stowell, Tarbox, Thompson , The SPEAKER pro tentpore. The Chair hears no objection, and the Thornburgh, Martin I. Townsend. Washington Townsend, Tufts, Wai~ Waldron, resolution will be modified accordingly. Alexander S. Wallace, Ward, G. Wiley Wells, Whiting, Wike, Willard, James Will· Mr. WELLS, of Missouri. It should be under the control of the iams, William B. Williams, Willis, and Woodburn-lHJ. NOT VOTING-Messrs. Baas, Beebe, Blackburn, Bliss. Chapin, Chitrenden, John Clerk of the House, and I move to modify the resolution by inserting B.Clarkeof Kentucky, Collins, Cox, Danford, Darrall, De Bolt, Denison, Durham, the words "the Clerk of the House." E"bert, Forney, Fort,"Franklin, Frye, Gibson, Glover, Goode, Andrew H. Hamilton, The SPEAKER pro tentpore. That can only be done by unanimous Haralson, Henry R. Harris, Hathorn, Hendee. Goldsmith W. Hewitt, Hoge, Hooker, consent. Hopkins, Hyman, Frank Jones. ThomasL. Jones, Joyce, Kin~.~amar, Lawrence, Leavenworth, Lord Lynch, McCrary, McMahon, Metcalfe. Mills, Money, Nash, Mr. WILLIAMS, of Indiana. I object. Neal, Odell, Oliver, Packer, Payne, William A. Phillips. Plaisted, Pratt, Purman, The question was taken; and it was decided in the negative-yeas Rainey, Reagan, WilliamM. Robbins, Sobieski Ross, Sayler, Schumaker, Sheakley, 31, nays 147, not voting 109; as follows: Stenger, Swann, Teese, Thomas, Throckmorton, Tucker, Van Vorhes. Waddell, Charles C. B. Walker, Gilbert C. Walker, Warren, Wheeler, "White, Whitehouse, C.YEAS-Messrs . .Ainsworth, George A. Bagley, Blair, William R. Brown. Horatio Burchard, Burleigh, Cowan, Dunnell, Eames, Ely, Hale, Hancock, Hartridge, Whitthorne, Andrew Williams, Alpheus S. Williams, Charles G. Williams, Wil· Hays, Hubbell, Hurd, Hurlbut, Ketcham, LeMoyne, Levy, Edmtfll(l W. M. Mackey, shire, James Wilson, Alan Wood, jr., Fern.a ndo Wood, and Woodworth--86. MacDougall, Norton, Oliver, Piper, Platt, Strait, Stone, Washington Townsend, So (two-thirds not having voted in favor thereof) the rules were AlexanderS. Wallace, and John W. Wallace-3l. not suspended and the resolution was not adopted. NAYS-Messrs . .Adams, Anderson, Ashe, Atkins, Bagby, John H. Bagley, jr., John H. Baker, William H. Baker, Banning, Bland, Boone, Bradford, Bradley, During the vote the following announcements were made : Bright. John Young Brown, Buckner. Samuel D. Burchard, Cabell, John H. CalU- Mr. GIBSON stated that he was paired with Mr. BLACKBURN, who, well, William P. Calawell. Campbell, Candler, Cannon, Cason, Caswell, Cate, Caul. if present, would vote in the affirmative, while he would vote in the field, John B. Clark, jr., of Missouri, Cochrane, Conger, Cook, Cox, Crapo, Culberson, negative. Cutler, Davis. Davy, Dibrell, Douglas, Durand Eden, Egbert. Ellis, Evans, Faulk- ner, Felton, Finley, Forney, Foster, Freeman. F;;;st, Frye, Fuller, Gause, Gibson, .Mr. KNOTT. I wish to state, Mr. Speaker, that my colle3orrues, Mr. (fflode, Goodin, Gunter, Robert Hamilton, Hardenbertrh. Benjamin W. Harris, BLACKBURN and Mr. CLARKE, are absent by order of the House, and John T. Harris, Ha.rt.zell, Hatcher, Haymond, Hendee, Henderson, AbramS. Hew- that my colleague, Mr. JONES, is detained from the House by illness. itt, Hill, Holman, Hooker, Hoskins, HouseJ Hunter, Hunton, Kehrl.. ~olley, KimbllJl, Franklin Landers, Goorge M. Lanaers, Lane, Lewis, L.A. mackey, Magoon, Mr. MILLIKEN. I announce the absence of Mr. WIJITE, who is Knott, Maish, McDill, McFaTland, Milliken, }fills, Monroe, Morgan, Mutcliler, New, also absent by order of the House. Phelps, Pierce, Plaisted, Poppleton, Potter, Rea, John Reilly, Jamesn. Reilly, Rice, Mr. KNOTT. And I also announce that my colleague, Mr. WmTE, Riddle, Robinson, Miles Ro s, Rusk, Sampson, Savage, Scales. Seelye, Slemons, is absent by order of the House. Smalls, A. Herr Smith, Willirun E. Smith, Southard, Sparks, Spencer, Springer, Mr. WAD DELL. I am paired with the gentleman from Iowa, Mr. Stevenson, Swann, Tarbox, Terry, ThompROn, Thornburgh, Martin I. Townsend, Turney, John L. Vance, Robert B. Vance, Waddell. Wait, Wallin~, Walsh, Ward, WILSON, on all political questions. If present he would vote in the Erastus Wells, Whitin~, Wike, Willard, James Williams, James D. Williams, Jere- negative, while I would vote in the affirmative. I wish also t-o state miah N. Williams, W1llis, Wilshire, Benjamin Wilson, Woodburn, Yeates, and that my colleague, Mr. ROBBINS, is detained from the House by sickness. Young-H7. NOT VOTING-Messrs. Ballou, Banks, Bass, Beebe, Bell, Blackburn, Bliss, Mr. COWAN said: My colleague, Mr. NEAL, who is absent, is paired Blount, Chapin, Chittenden, John B. Clarke of Kentucky,tClymer, Colli us, Crounse, with Mr. BRADLEY, of Michigan. If he were present he would vote Danford. DarraH, Do Bolt, Denison, Dobbins, Durham, Fort, Franklin, Garfield, in the affirmative. Glover, Andrew H. Hamilton, Haralson, Henry R. Harri , Harrison, Hathorn, llen. Mr. FORNEY. I am paired with the gentleman from Pennsylva- kle, Hereford, Goldsmith W. Hewitt, Hoar, Hoge, Hopkins, Hyman, Jenks, Frnuk nia, Mr. PACKER. If present he would vote in the negative, while I Jones, Thomas L ..Jones, Joyce, Kasson, King, Lamar, Lapham, Lawrence, L":l.V· enworth, Lord, Luttrell, Lynch, Lynde, McCrary, McMahon, Meade, Metcalfe, Mil· would vote in the affirmative. ler, Money, Morrison, Nash, Neal, O'Brien, Odell, O'Neill, Packer, Page, Paynll, • 1876. CONGRESSIONAL RECORD-HOUSE. 4507 John F. Philips1 William A.. Phillips, Powell, Pratt, Pnrman, Rainey Rand~ Rea- gan, John Robbms, William M. Robbins, Roberts, Sobieski Ross, Sayier, Schleicher, During the roll-call, • Schumaker, Sheakley, Singleton, Sinnickson, Stenger, Stowell, Teese. Thomat~, Mr. COCHRANE said : My colleague, Mr. STENGER, is absent on Throckmorton, Tncker, Tufts, Van Vorhes, Waldron, CharieR C. R. Wa.lkAr, Gilbert account of ill health. C. Walker, Warren, G. Wiley Wells, Wheeler, White, Whitehouse, Whitthorne, The .result of the vote was announced as above stated. Wi~ginton, Andrew Williams, AJpheus S. Williams, Charles G. Williams, William Mr. HOLMAN. I wish to say that to-morrow can be very conven· B. Williams, James Wilson, Alan Wood, jr., Fernando Wood, and Woodworth-109. iently employed by the committees of conference; and if the House During the roll-call, will adjourn till the day after to-morrow it is believed that business Mr. RUSK. I move to dispense with the reading of the names. will be thereby very materially facilitated. I therefore move that Mr. CONGER. I object. I think all the usual forms should be when the HQuse adjourns to-day it be to meet on Wednesday next. gone through with on this solemn .legislation. [Laughter.] Mr. MILLS. I hope that motion will not be adopted. Mr. SINNIC.KSON. I am paired on all political questions, but as The SPEAKER pro ttmtpn- ports and with the assent of the honorable Senator from Massachu- tinue the public printing;" and setts, and undoubtedly drawn by him, that even this little act got up A joint resolution (H. R. No. 134) donating two cannon and car- bf' the Central Pacific Railroad Company itself, and therefore, as I riages to the warden and burgesses of Stonington, Connecticut. suppose, just what it wanted-that even this little act shall not be ORDER OF BUSINESS. "operative"-! read from an amendment of the committee: That this act shall not be operative unless the same shall be a.ccepted by the said Mr. PAD DOCK. I ask the Senator from Ohio to yield to me a mo- Central Paei:fic Railroad Company within four months of the date of its passage by ment. · votes of the directors and stockholders at regular meetings duly called. Mr. EDMUNDS. I insist on the regular order. Mr. President, this has got to be a matter of substance. If the Sen- The PRESIDENT pro tempore. The Senator from Ohio has the ate wish to consign this bill to its grave, to its official grave-not a fl.oor. question of guess or intendment or discourtesy to a committee that Mr. SHERMAN. Mr. President- has formally and unanimously rep~rted so far as we can know, cer- The PRESIDENT pro tempore. The hour of twelve o'clock has tainly a majority of it, that we have not any power to touch the CODle. • Hoose bill except with the assent of the p~rties to be affected by it- Mr. WEST. I insist on the regular order. the Senate can do it. That is all I have to say, and I ask for the yeas The PRESIDENT pro tempore. The hour of twelve o'clock having and nays on the motion to refer. arrived-- . Mr. HAMLIN. The morning hour has so nearly expired that I ask Mr. PADDOCK. I hope to have an opportunity- the indulgence of the Senate to allow me to present the credentials Yr. EDMUNDS. I object; ~eaning no disrespect to anybody; but of my col1eague. this bill now stands at the head and will by the rules until it is dis- Mr. EDMUNDS. I think we had better have a vote, becanse we posed of. I do not mean til be put to the trouble of trying to get to shall lose the time. it. I intend, if sticking to the rules will enable me, that this bill Mr. WEST. You will not get any vote before twelve o'clock. shall stay where it is until it is disposed of. Therefore I object to all Mr. EDMUNDS. I insist on the regular order, and we shall see. other busiriess. The PRESIDENT pro te1npo1·e The Senator from Vermont objects. Mr. INGALLS. ·Does this bill come up to-morrow morning as the Mr. SHERMAN. I desire to say a few words on this question. unfinished business f Mr. H.A.ML~. Then I hope the Senator will withdraw his objec- The PRESIDENT pro tempore. Not necessarily. tion and allow these credentials to be presented. Will the Senator Mr. EDMUNDS. I think it does. from Ohio allow met The PRESIDENT pto tentpore. Not within the morning hour. Mr. SHERMAN. Yes, sir. Mr. EDMUNDS. We will try that when it comes up. Mr. HAMLIN. I ask that they be read. 1\fr. PADDOCK. I appeal to my friend from Vermont-- The PRESIDENT p1'0 rempare. The credentials will l,)e read. The PRESIDENT p1·o tempore. Does the Senator from Ohio yield t Mr. INGALLS. I call for the regula.r order. CREDEI\'TIALS. The PRESIDENT pro tempore. The regular order is demanded. The Chief Clerk read the credentials of James G. Blaine, appointed Mr. PADDOCK. I wish simply to take a bill from the table and by the governor of the State of Maine, to fill, until the next meeting refer H to a committee. IV-283 (. 4514 CONGRESSIONAL RECORD-SENATE. JULY 12, The PRESIDENT p1'o tentpore. The regular order is demanded. The PRESIDENT pro tempore. The regular order having been Twelve o'clock havin~ arrived, the legislativeandexecutive business called for, one objection carries it over. will be suspended ana the Senate-- Mr. EDMUNDS. I do not object to my friends having a vote on SIDIDRY CIVIL APPROPRIATION BILL. the question whether that bill shall be mad3 a special order. Mr. WIN~O:M. I ask unanimous consent to present the request of The PRESIDENT pro temp01·e. The objection is withdrawn. The the Senator from California, [Mr. SARGENT,] who is sick, that he may order. Senator from Illinois moves that the bounty bill be made a special be relieved from further service on the conference committee on the ].~. SAULSBURY. I object. part of the Senate on the s1mdry civil appropriation bill. The PRESIDENT p1'o rempore. Is there objection to the request f VOLIDiTEERS FOR SIOUX WAR. The Chair hears none . Mr. PADDOCK. I ask unanimous consent to take up joint resolu- .1\Ir. WINDOM. I merely make the statement that I have such re- tion No. 20 from the table and refer it to the Committee on Military quest from the Senator from California, [Mr. SARGENT.] Affairs. Mr. SARGENT was excused; and tho President pro tempo1·e being There being no objection, the joint resolution (S. R. No. 20) to au- authorized to fil~ the vacancy, Mr. WINDOM was appointed. thorize the President of the United States to accept the services of REPORTS OF COMMITTEES. volunteers to aid in snppressin~ Sioux Indian hostilities in the North- west was referred to the Committee on Military Affairs. Mr. THURMAN. I ask, before we go into the trial, by unanimous consent to be allowed to make a report from the Judiciary Committee IMPEACHMENT OF W. W. BELKNAP. on this Pa.cific railroad matter, that it may be laid on the table and Mr. LOGAN. I call 'for the regular order. be prin t.ed. The PRESIDENT p1·o tempore. The Senator from Illinois calls for The PRESIDENT pro temp01·e. Is there objection t The Chair hears the regular order. The legislative and executive business of the Sen- none. ate will be suspended, and the Senate will proceed to the considera- Mr. THUJl,MAN. I am directed bytheCommittee ontheJndiciary, tion of the articles of impeachment exhibited by the Honse of Rep- to whom was referred a resolution of the Senate of the 6th of Jan- resentatives against William W. Belknap. uary, instructin the committee to inquire into various matters relat- ('I' 'l'he Senate then proceeded to the trial of the impeachment of ing to the Pacific railroads, and to whom were also referred the bill William W. Belknap, late Secretary of War. (S. No. 275) to amend the act entitled "An act to aid in the construc- The Senate sitting for the trial of the impeachment of William W. tion of a railroad and telegraph line from the Missouri River to the Belknap having adjourned then resumed its Pacific Ocean, and to secure to the Government the use of the same LEGISLATIVE SESSION. for postal, military, and other purposes," approved JnJy 1, 1862, and to amenu the act amendatory thereof approved July 2, 1864; the bill The PRESIDENT pro tempore. Legislative and executive business (S. No. 316) to amend an act entitled "An act to aid in the construc- will now be resumed. tion of a railroad and telegraph line from the Missouri River to the Mr. HAMLIN. I move to take up the bill (H. R. No. 3628) estab- Pacific Ocean, and to secure to the Government the use of the same lishing post-roads, which was laid aside yesterday morning. for postal, military, and other purposes," approved July 2, 1862, and The motion was agreed to. to amenu an act amendatory thereof approved July 2, 1864; and the HOUSE BILL REFERRED. bill (S. No. 564) to amend the act entitled "An act to aid in the con- The joint resolution (H. R. No.146) to amend the act approved June struction of a railroad and telegraph line from the Missouri River to 18, 1874, relating to the admission of articles intended for the inter- the Pacific Ocean, and to secure to the Government the use of the national exhibition of 1876 was read twice by its title and referred same for postal, military, and other purposes," approved July 1,1862, to the Committee on Finance. and the several acts amendatory thereof and supplementary thereto, BILL INTRODUCED. to report a bill, and, accompanying that, a. written report, which I ask to have printed. Mr. BOUTWELL (by request} asked, and by unanimous consent The bill (S. No. 984) to alt~r and amend the act entitled "An act to obtained, leave to introduce a bill (S. No. 9d5) lor the relief of Charle aid in the construction of a railroad and telegraph line from the Mis- P. James; w~ch was read twice by its title, referred to the Commi t- souri River to the Pacific Ocean, and to secure to the Government the tee on Claims, and ordereu to be printed. · use of the same for postal, military; and other purposes," approved Mr. EDMUNDS. Let us have oruer. July 1, 1862, and also to alter and amend the act of Congress approved The PRESIDENT pro tempore. The Senate will come to oruer. JnJy 2, 1864, in amendment of said first-named act, was read and THE WASHINGTON 1\IONUMEl.'IT. pa sed to the second reading, and the report was ordered to be printed. Mr. WINDOM. The Committee on Appropriations, to whom was :Ur. WRIGHT. I ask unanimous consent to make a report from a referred the bill (S. No. 982) providing for the construction of the committee. Waahington Monument, have directed me to report it without amcnu- The PRESIDENT pro ternpore. The Chair hears no objection. ment. This is the bill which the committee were instructed to re- ~Ir. WRIGHT, from the Committee on Claims, to whom was re- port, or at least partially instructed. If there be no objection, I ask ferred the bill (S. No. 902) to authorize the Secretary of the Interior for its present consideration. to ascertain the amounts due to citizens of the United St.a tes for sop- Mr. ED.MUNDS. It had better be printed, that we may read it. plies furnished to the Sioux or Dakota Iudians of .Minnesota subse- The PRESIDENT pro tempore. The bill will be printed and go on quent to AngUEt, 1860, and prior to the massacre of August, H:!G2, and ~c~~~ providing for the payment thereof, asked to be discharged from its • ORDER OF BUSINESS. further consideration and that it be referred to the Committee on In- dian Affairs; which was l:l>greed to. Mr. EDMUNDS. Mr. President, I rise to inquire whether there He also, from the same committee, to whom was referred the bill was any unfinished bqsiness yesterday upon which we adjourned T (S. No. 738) for the relief of Withenbury & Doyle, submitted an ad- The PRESIDENT pro temp01·e. None. verse report thereon; which was ordered to be printed, and the bill Mr. EDMUNDS. Then I make the point of order that the business was postponed indefinitely. tho Senate wns engaged upon when the court-hour arrived was the He also, from the same committee, to whom was referred tb.e bill bill of the House of Representatives on the subject of the relations of · (S. No. 185) declaring the effect of permits to purchase products of the United States to the Pacific railroads, and I insist that that is the the insurrectionary Stailes in certain cases granted by the President of pending business before the Senate. the United States, submitted an adverse report thereon; which was Mr. HAMLIN. I suggest that there is no such thing as unfinished ordered to be printed, n.nd the bill was postponed indefinitely. business of the morning hour. The PRESIDENT pro tempore. The Chair will state that the rail- EQUALIZ-4-TION OF BOUNTIES. road bill referred to by the Senator from Vermont was considered in .Mr. LOGAN. I ask unanimous consent of the Senate to take up the morning hour. the bill (H. R. No. 58) to equalize the bounties of soldiers who served Mr. EDMUNDS. Yes, sir; but I submit to the Chair that when in the late war for the Union. I will say to the Senate that I do not there is no unfinished business there is not any morning hour, and desire to take it up for the purpose of having it discussed now, but there is no such thing in the rules. Therefore I submit that when we merely to have it in order, so that it may be hereafter in the order of proceeded to this trial, the question under consideration, like an ap- business to be voted on. propriation bill or anything else, was the reference of this bill a.bqut The PRESIDENT p1'0 tempore. It would close within the morning the railroads, and I make the point that that is the present business hour. The Senator would gain nothing by that. before the Senate when the trial is adjourned and the Senate resumes Mr. SHERMAN. There is one bill already up. legislative business. Mr. LOGAN. It would be business in the morning hour, would it The PRESIDENT pro tempore. The Chair will submit the question notf to the Senate, Shall the raih·oad bill which the Senator from Vocmont The PRESIDENT pro tempore. It would have to be calleu up has called up- srlresb. ·1\.fr. EDMONDS. I do not call it up. It was submitted by the · Mr. LOGAN. I ask that it be made a special order; it is the bounty Chair under the rules which require him to submir; for reference bills bill. from the House of Representatives. That bill has not been referred, Mr. ED1:fUNDS. 0, no; we cannot agree to tl).at. anu that was the question we were upon when the court convened. The PRESIDENT pro tentp01'f3. Tba SeJJat.{)~.: froiQ. VefiQ.OI).~Qbjects. The PRESIDENT pro tempore. The Chair is stating the fact. He Mr. LOGAN. I ask the Senate to vote on it. · will not difi'er with the S9nator :ta regards th9 fact. \ 1876. CONGRES~IONAL - R·gcORD-HOUSE. 4515 Mr. HAMLIN. I hope the Senate will not violate its long, its uni- Mr. EDMUNDS. That is not my point. All there is of the morning versal, and uniform practice in this case. hour is that when one hour is spent the unfinished business of the day Mr. EDMUNDS. So clo I. before shall be taken up, or if there be n special order n.t any particu- Mr. HAMLIN. By the rules of the body the first thing in order is lar hour, that shall be taken up unless the unfinished business is pro- for the Chair to submit to it in the morning hour communicn.tions ceeded with. On this day there wa.s no unfinished business. There- from the Executive and communications from the House of Repre- fore there was no such thing as a morning hour which was to be cut sent3.tives, and they are all limited within the morning hour; and I off at all, for if that were so, if there had not been any court or any affirm here without the sli~htest feM of contradiction-and I do not executive session, this bill being under consideration when twelve know but that it is the oruy thing that I would not say you cannot o'clock came it would have been the duty of the Chair to ~ay "the find precedents on both sides-that there is no instance where the morning hour expires and this bill goes over." The Cham would business of the morning hour bas been tre3.ted as a question that goes never sa.y that, because there wa-s no unfinished business and no spe- over as unfinished business; not in 3. single instance within thirty cial order to displace it. That is the point. years has that occurred. Mr. HAMLIN addressed the Chair. Mr. EDMUNDS. Mr. President, if I may be allowed to My a word, The PRESIDENT p1'o tempore. If the Senator from Maine will allow it. did not go over. That is the point. It did not go over as unfin- the Chair to reply to the Senator from Vermont, he will simply state ished business for some other day; but here is a day when the Senate th3.t when twelve o'clock arrived if there had been no trial sesaioll baa met without any unfinished t:msiness coming over from the day the duty of the Chair would have been to declare th,e morning hour before: which takes precedence by our practice at one o'clock, but the expired the same as if there had been unfinished business of the day way was free so that when one o'clock came or any other time came, before. if this bill or any other that was up in the morning hour, it would go Mr. EDMUNDS. What would have happened to the bill then t right on because it could only be displaced by unfinished business The PRESIDENT pro tempore. Then any other proposition would or a special order, neither of which existed. Therefore this bill stands have been in order. The Calendar would have been next if there was in exactly the attitude of any other bill that was under consideration no speci3.l order, for if no special order then the Calendar would be at one o'clock when there was no unfinished business and no special the geneml order. · order that was under consideration, when the Senate by ~ special Mr. HAMLIN. That is it exactly; --ve should go to the Calendar. order proceed to the consideration of executive business or to judicial The PRESIDENT pro tempore. The rule requires that if there iii business, as in this case which is like it. Now, then, we have disposed no unfinished business and no special order the Calendar of general for the time being of this executive or judicial business, and the ques- orders shall be in order. tion is whether that bill is not before the Senate for reference just Mr. EDMUNDS. I should be very gla-d to hear the rule read which as it was before. I do not interfere with-- displaces a bill taken up in the morning hour when there is no special Mr. WEST. I rise to a point of order. order and no unfinished business. The PRESIDENT pro tempore. The Senator from Louisiana will The PRESIDENT pro tentpm·e. The Secretary will read the rule. state his point of order. Mr. HAMLIN. Read it in connection with the other rule, which Mr. WEST. I ma.ke the point of order for the purpose of relieving says if it is taken up in the morning hour it shall go over. the Senate; I know that it wants to retire; and my point is that Mr. SAULSBURY. I move that the Senate adjourn. that bill cannot be before the Senate because it has only been rea.d Mr. HAMLIN. Before the question is put, I want to ask the Chair once this day; and I object to its second reading. what becomes of the bill that the Senate voted to take up t Mr. EDMUNDS. I l>eg p3.rdon, it wa.s read the 8econd time, and The PRESIDENT pro ternpm·e. It is paneling. _ the question was on its reference. · Mr.EDMUNDS. I made the point of order against its being taken Mr. WEST. No; I beg your pardon. up. [ Question."] 11 Mr. HAMLIN. I do not think that question comes up. Mr. SHERMAN. I think we had better not adjourn. Mr. EDMUNDS. Let ns have that decided, for thn.t is ·a point of M.r. HAMLIN. I hope the Senate will not adjourn. order that is good if well taken. The PRESIDENT pro tenlpo?·e. The Senator from Mass::~>chusetts The PRESIDENT pro t-empore. If the Senn.tor from Louisin.nn, [Mr. BOUTWELL] rose to the introduction of a bilL The Chair asked states that he objected when the Chair stated that the bill woul) to promote the efficiency of the Army of ita passage. the United States, to provide for its gradual reduction, and to con- solidate certain of its staff departments, and for other purposes, with The previous question was seconded and the main question ordered; the recommendation that it be laid upon the table, as that bill haa and under the operation thereof the bill wa.s ordered to 3 third read- already passed the House. in~; and it wns accordingly read the third time, and passed. The motion was agreed to. 1\fr. ROBBINS, of Pennsylvania, moved to reconsider the vote by BOUNTY. which the bill was passed; and also moved that the motion to re- consider be laid on the table. Mr. THORNBURGH. I am directed by t,he Committee on Military The latter motion was agreed to. Affairs to report back the petition of 48 soldiers of Allegheny County, Pennsylvania, in regard to bounty, and several other petitions on BENJAMIN P. LOYAL. the same subject, with the recommendation that they be laid upon the Mr. HARRIS, of Ma-ssachusetts, from the Committee on Naval Ai.- table, the Honse having passed a bill covering those petitions. fairs, reported a bill (H. R. No. 3887) for the payment of bounty and PHILIP S. WALES. prize-money to Benjamin P. Loyal; which was read a first and sec- Mr. ROBBINS, of Pennsylvania, from the Committee on Naval ond tjme, referred to the Committee of the Whole on the Private Affairs, reported back. a bill (S. No. 123) for the relief of Philip S. Calendar, and, with the accompanying report, ordered to be printed. Wales, medical inspector in the United States Navy, with the recom- COMMODOR.lj:S ON RETIRED LIST. mendation that it do pa.ss. Mr. HARRIS, of Massachusetts, also, from the same committee, re- The bill, which was read, authorizes and direct.s the SE5cretary of ported back a bill (H. R. No. 800) relating to the promotion of com- the Navy to place on the prize-list of the United States steamship modores on the retired list of the Navy, with amendments. Pe.nsacola the name of Philip S. Wales, with the rank of surgeon in The bill, which wa.s read, provides that section 1460 of the Revised tbe Navy, as being entitled to receive his share of the proceeds of the Statutes, to wit: "There may be allowed upon the retired list ol the prize-money awarded tp the fleet under command of Admiral Farra- Navy nine reM-admirals by promotion on that list: P1·ovided, That gut, to which fleet Surgeon Wales was attached during the operations this section shall not prevent the Secretary of the Navy from pro- resulting in the capture of New Orleans in the month of May, 1862. moting to the grade of rear-admiral on the retired list, in addition to Mr. ROBBINS, of Pennsylvania. I demand the previons question the number herein provided, those commodores who have commanded on the passage of that bill. squadrons by order of the Secretary of the Navy, or who havo per- Mr. TOWNSEND, of New York. Is there a report accomp::ml'ing formed other highly meritorious service," be amended by adding that case f thereto the following words: "or who, being at the outbreak of the Mr. ROBBINS, of Pennsylvania. There is. late war of the rebellion citizens of any State whinh engaged in such :Mr. TOWNSEND, of New York. Then I ask for the reatling of the rebellion, exhibited marked fidelity to the Union in adhering to the report. flag of tlle United Stn.tes." The Clerk read a.s follows: Mr. HARRIS, of Massachusett-s. I now ask for the reading of the Tuis officer asks, in his memorial, that authority be given to enter his name on report from the Committee on Naval Affairs. the list of those entitled to a share in the prize-money awarded to the fleet under The Clerk read as follows: command of the late Admiral Farragut for the capture and destruction of rebel veRsels during certain engagements resulting in the capture of New Orleans in 1862. The Committee .on Naval'Affair!l, tQ whom was referred the bill H. R. No. 800, Bis claim is based upon the followin~ facts, established to the satisfaction of the rccomm~ntl t.ba.t the Sll.me be amended as follows, namely: In line 4, after th~ word committee: While attached to the United States sl~p Vincennes, Oil:" Pass n.l'Outre, "statutes," insert tbe words" be so amended as to read as follows." in March. 1862, Wales applied for ortlers to some vessel intended to go up theM is- After the word "commodores," in line 9, strike out the words "who have com- sissipfi River with the attackinP, fleet, and on the 8th of that mont.b was ordered manER OF BUSINESS. The .Adjutant-General, to whom the bill WM referred. report-s as follows: "Nel- son Tiffany, private Company .A, Twenty-fifth Massachusetts Volunteers, deserted _ The SPEAKER pro ten~pore. The question recurs, \Viii the House October 10, 1864, and remamed absent until ApTil 25, lb65, when he surrendered now consider the motion of the gentleman from Kentucky [Mr. BOONE] under the President's proclamation, thereby acknowledging his desertion." If this bill becomes a law it will not only falsify t.he records of this Department, to 1·econsider the vote by which the bill (S. No. 590) providing for an but will be an injustice to every man who served honorably during the war of the agreement with the Sioux Nation in regard to a portion of their res- rebellion. ervation, and for other purposes, was recommitted to the Committee I inclose the report (No. 402) of the Senate Committoo on Military .A.ffa.irs in this on Indian Affairs. case. Mr. CONGER. I wish to reserve points of order on that bill. Very respectfully, your obedient servant, J. D. CAMERON, Mr. TOWNSEND, of New York. I desire to debate that question Sn,cretary of War. if it is debatable. · The SPEAKER pro tempore. It is not debatable. This is simply a 1\Ir. BANNING. I move that the message ~nd accompanying docu- question of priority of business. It may be discussed.. on the motion ments be referred to the Committee on Military Affairs, and be printed. to reconsider, provided the House agrees to take up that question. The motion was agreed to. But the question now is, Will the House consider that question t GLADIS FOR INDIAN DEPREDATIONS. Mr. CONGER. Would that be the regular order of business, except The SPEAKER pro tempore also, by unanimous consent, laid before for raising the question of consideration' the House a letter from the Secretary of the Interior, transmitting the The SPEAKER pro tcrnpm·e. The motion to reconsider is a priv- claims of sundry individuals for damages from Indian depredations; iled motion, and may be brought up at any time. This comes in which was referred to the Committee on Indian Affairs. among the regular orders of the day, and has the highest privilege of the various questions now presented to the House. COST OF MILITARY CO !MISSION. Mr. BANNING. I would like to have the bill again reported by its The SPEAKER pro tempore also, by unanimous consent, laid before title. the House a letter from the Secretary of War, transmitting a report The title of the bill was again read. of the Adjutant-General aa to the cost, &c., of the European com- The question of consideration of Mr. BooNE's motion being taken, mission, consisting of Majors Delafield and Mordecai and Captain there were-ayes 30, noes 50; no quorum voting. G. B. McClellan, United States Army; which was referred to the Mr. BOONE. I call for further count. Committee on Military Affairs. .• • 1876. CONGRESSIONAL RECORD-HOUSE. 4521 PROTECTION OF THE TEXAS FRONTIER. In 1869, believing that the proportion of colored men in the Army The House then resolved itself into Committee of the Whole on the was not sufficient to give them their fair opportunity to learn the art state of the Union, (Mr. MoNROE in the chair,) and resumed the con- of war, to be instructed in the means of personal defense, to bear sideration of the joint resolution (H. R. No. 96) to provide for the arms in the cause of a country which we may presume they love aa protection of 9J.e Texas frontier on the Lower Rio Grande, upon which well as we, we created two more regiments. Therefore, when this the gentleman from New York [Mr. ToWNSEND] was entitled to the - House met in last December we had two regiments of infantry of floor. colored men a.nd two regiments of cavalry of colored men. And the Mr. TOWNSEND, of New York. Mr. Chairman, here is an evil that' work of this House has been to legislate these men out of the rights ought to have been remedied long ago. The marauding of thQ lawless which we conferred upon them by the legislation of 1866 and 1869. characters gathered upon the right bank of the Rio Grande has been Now, there is no mistake about that. We hear a great deal upon carried on unchecked from year to year until the patience of any gov- the other side about legislating in the interest of economy. This is ernment and of any people ought to have been long ago exhausted. not merely legislating in the interest of economy. The bill itself as Indeed, sir, were it not for the fact that we .look with compassion it passed this House-( I hope to God it will be stopped in the other upon the condition of our sister republic upon the other side of the body)-the bill itsel:l; :18 it passed this House was drawn I presume Rio Grande and consider her to be iu the condition of a human by the honorable chairman of the Committee on Military Affairs in frame so affected by disease that the blood circulates but feebly in such wise that there should be no mistake either as to the object or the extremities, war should have been declared long since. Had these purport of the proposed legislation. Sections 1104 and 1108 of the outrages been perpetrated for six months continuously from tho Can- Revised Statutes, providing that the enlisted men of certain regi- ada border where we have adjoining our Republic an enemy worthy ments shall be colored men, are thereby repealed. But we are not of our steel, war would have been declared and the wrongs would left there. Mr. SMALLs, of South Carolina, moved that hereafter en- have been avenged by the strong band, the ultima 'ratio of all people, listments in the Army may be without respect to color, and this House as well as of kings. But, sir, I rejoice that war has not been declared. voted it down so quick that it made his head swim. I rejoice that we have exhibited to theworldaspecimenof the forbear· Mr. BANNING. Will the gentleman allow me a question t ance of the Republic toward a neighbor that has intended ns no Mr. TOWNSEND, of New York. I have no time. The gentleman wrong. And even now, if these resolutions are voted upon separately, will excuse me; I have but my hour. _ I shall feel myself at• liberty to vote against the second resolution. Mr. BANNING. I will not take a minute. But I say without hesitation that if the maJority of this House are Mr. TOWNSEND, of New York. I will not allow you a minute. in favor of adopting the second as well as the first resolution, I shall I have had to sit here for the la,s t seven months with my mouth vote for them both, I am prepated to swallow the whole. closed without an opportunity from month to month to utter one Sir, the highest duty of a government to her citizens is protection. word. I have been compelled to listen to the tirade of abuse and ~he bas nottherighttositstillandsay, "Youowemeyourallegiance; misrepresentation poured upon my party until at last I am on the your property is mine, if I ask for it according to the forms of the :floor. [Laughter.] Now wait your time, introduce your resolution, Constitution; your Jives are mine, if I call upon you for the defense move the previous question on it, shut my mouth, and then tell your of the Government; but your protection shall be left to your own story. [Laughter.] · bands." Sir, I care not whether the citizens who claim the protection Now, this is all very .well. These men are nothing but "niggers." of the Government live in Texas, live in Louisiana., live in Missis- They hold an inferior position; they are not as wise as we are; they sippi, livea.boutAugusta, upon the borders between Georgia and South are not as intelligent as we are; they are not as rich as we are. If Carolina, I am ready to use the regis and the power of the Government some of us did a short time ago love these colored men better than to defend the citizen that is attacked and marauded on. the chairmen of some committees do to-day, before they got into But it will be said, and I concede it, that the acts authorized by thei#present company and their present association, still they are the second resolution, i.e., the authorization by the President to the nothing but "niggers" after all. A\rmy to follow red-banded robbers and murderers across the border But I never pass out of yonder door into the Hall where the House may lead to w:u. They may very possi~ly lea.d to war, and were of Representatives were wont to meet until a recent date, but what these act.s so frequently perpetrated upon our brethren of Texas au- I am :filled with an emotion such as I rarely feel in this world, in look- tborized to be done upon our northern border, and they were accom- ing upon the features of that lovely face banging there portraying plishelaries must be cut down! It is a .gre:}t mea-sure of reform. Five thousand millions we expended, and we have actoa11y paid and It is in the interest of economy. .A.nd that man whose magic wand wiped off the slate three thousand millions, so that there are but raised about the center of this House, a little upon the left side, whips about two thousand millions remaining to be paid, and by Gfld's every man tba.t wants a party st.anding into liue, tells us that it must help that sum shall be paid to the last dollar. be done. He admits th~t he thought differently three or four years "In the interest of economy!" Has God made a true and loyal ago ; that he thought that, instead of a salaty of $5,000 as we found American who would be willing to see our ministers and. consuls de- it when we were elected, the salary ought to be $7,500. He admits graded in foreign courts and before foreign governments T Let the that he bas been converted! Now, sir, I love conversion. Conversion work go on, cripple the Government to your will, disgra.ce the Gov- is the very life of the Christian Church. Conversion is the very life ernment before foreign nations; bot you will find it will awaken a of the democratic or republican church. But, sirlin conversion we spirit such as was awakened in 1860 and has never been put down, expect converts to do works meetior repentance. nd ifl am rightly and will not be put down to the end of time, certainly not until ur own Government-from a highly refined sense there is no hope of arriving at legislative concurrence in respect to of international politeness, bas refrained from inflicting it. it. This difference of opinion is firmly fixed and cannot be removed All vagrant and dangerous elemenU! are con~gating to th:tt paradise of rob- bers ; a new generation is springing up, knowmg no means of livelihood but rob- or overcome. If this be true, and no one can deny it, it would be the bing, aptly compared by our commanding general on that border to the pirate com- gravest injustice to Tex::l8; a sad disregard of the honor and obliga- munities which formerly resided on the northern coast of Africa. When the rob- tions of this Government; a folly if not a crime to defeat these reso- bers return with a drove of cattle, itis stated by the witnesse.'i, old men and young lutions because a majority of this House may believe that the Army boys all turn out to help the cattle out of the miry ground of the river-bank. is already large enough for all purposes. When you attempt to con- Such a population, encouraged by the better class, shielded and trol the Army and place and dispose it to suit your views of economy protected from punishment by the local authorities of that State, and good administration, you will .find impediments in the way which will not readily yield up their vocation. They are bold men. They cannot be overcome during the existence of this Congress. Un«::er have been bred in civil commotions and revolutions. They have no the wise disposition of the powers of this Government it requires the regard for law or government. concUITence of the legislative and executive departments to enact Mr. Chairman, a clefensive policy with a reasonable force, in view laws, except in such cases as are otherwise provided for. - of aU the circumstances, will in the futme, as it bas in the past, prove The President has decla.red in his annual message that the military a failure, and cannot give adequate protection. This Government is force of the United States disposable for service on the Texas border powerful enough, it is true, to police the entire line with soldiers and was inadequate to render complete protection to life and property. guard every pathway across the river, but this is holly impracti- When the President transmitted this messa~e to Congress there were cable. It would require not less than ten thousand soldiers. This is stationed in the State of Louisiana 701 soldiers, in l\lississippi 336, in nut the opinion of a civilian, but it is the deliberate judgment of such Florida 245, in North Carolina 226, in South Carolina 522, in Geor~a . men a.s General Ord and Captain McNally, who are thorougly ac- 317, in Alabama 222, in Tennessee 205, and in Kentucky 112, and With quainted with the requirements of that service. They are both edu- unimportant changes this disposition of troops in the States named ex- cated and accomplished soldiers. One of them bas already reached ists to-day. The declaration of the President is doubtless intended to high rank in the Army and the confidence of the country; the other, declare that in the judgment of the Executive the present disposition though comparatively a young man, is the most trusted leader upon of the force of the Army could not be materially changed with safety the border. 'l'be cost of maintaining such a force would not fall short to the service. While a majority of the House might be satisfied that of twelve millions of money. none of these troops are necessary in those localities, and might well If these raids were projected against certain sections of that terri- be t.ransferred to the border, yet it will hardly be said that you can tory only, or if the points of attack could be reasonably anticipated, pass a law which would require the Executive to conform to your views if the parties w.ho engage in these hostile expeditions embracecl only and opinions on this subject. In the mean time, while we debate a small number of the population of the state of Tamaulipas, or if these questions and vainly strive to reach a legislative concurrence, these raiding parties were accustomed to make their entry upon our what must become of the people on the borderf Shall brigands and territory in large bodies, a strictly defensive policy with a rea-sonable robbers be allowed to overrun t-hat territon-y and drive out the re- force :rpight be successful. But such is the length of the line and the maining population T Have there not been enough of bloodshed and uncertainty of the points of entry, such is the number who openly robbery, enough of murder, arson, and anarchy, enough of terror and engage in these encroachments or abet and encourage tbeni, and such vandalism upon-that unfortunate border to induce Congress to avail is the character of their entries, in small pa.rtiea, embodying in the itself ofj;he remedy which we all can agree upon and put an end to interior of that territory, that no rea-sonable number of troops could this reign of terror and crime Y In a government like ours, where the successfully render adequate protection. co-ordinate departments are independent of each other, and each is Mr. Chairman, I take it that there is no international obligation assigned its respective duties in the division of power, tolerance of resting upon this Government that requires it to keep and maintain opinion must often be indulged, or the gravest evils will result. A such a force upon the Rio Grande as a strictly defensive policy and grave public duty ought never to be left undischarged beca·use the adequate protection of its ten-itory from constant recurring invasion mode of discharging it cannot be made to conform to the peculiar views by the subjects or citizens of Mexico would require. The honor of of each department of the Government in which is vested the power the nation could not remain unsullied in the face of such humiliation, to prescribe the manner of peforming it. If ono mode is not accept- even if justice to the people would tolerate the imposition of such a able another may be, and where no surrender of principle is involved burden of taxation as would be necessary to support the enormous mere choice of expedients ought not to be allowed to defeat necessary cost of such a policy. All that any government could be required to legislative action. do in such case would be to provide a force reasonably sufficient to It is said, Mr. Chairman, that amplo provision was made in the protect its territory from invasion by in-egular organizations of armed Army appropriation bill which passed the Ilouse to meet the uemands men operating in such way as to escape the vigilance of their own of the service on the Texas border. I do not so regard it. On the government, though it might be able and entirely willing to repress contrary, that bill leaves Texas in a much worse condition than she them. But if, as in the case of these troubles, as the proof shows, is under the present law. these raids have oc~nrred for a series of years, in such manner and It is true that, in order to preserve the cavalry arm of the service under such circumstances as to render it utterly impossible to anti- · and to render it as efficient as possible in view of the demand for re- l}ipate them from our side of the river by a reasonable number of duction in the Army, my colleague [Mr. MILLS] offered an amendment troops, and the government of Mexico has failed to restrain them, which provided that there should be eight cavalry regiments and CONGRESSIONAL RECORD-HOUSE. JULY 12, that the President should be authorized to recruit them up to the izens. The state of Tamnulipas to-day is in the very throes of a maximum of twelve hundred men each, and that a sufficient amount revolution and the national authority is overthrown. In such case the of this force should be transferred to the border of Texas to give pro- inquiry arises what is the right of this Government T Is it to declare tection. war against Mexico and invade its territory for the purpose of wag- This amendment standing by itself would have, perhaps, secured to ing war f I think not; because the government of .Mexico is not a us an additional force on the Rio Grande, but it was also provided in party, so to speak, to the wrongs complained of. These expeditions that bill that no enlistment should be made until the Army was re- into our territory do not operate under a ftag or any symbol of na- ducecl to 22,000 men by ordinary discharges. · tional authority. It may be that those who compose or aid and com- Thus the President was constrained to awa.it the reduction of· the fort the participants in these outrages are as hostile to the govern- Army from 25,000 down to 22,000 before he could :fill up the cavalry ment of Mexico as they are disrespectful and regardless of the rights regiments to twelve hundred men each. Instead, therefore, of in- of American citizens. This population of Tamanlipas takes advan- creasing the force on the Rio Grande, the effect of the bill decreMed it. tage of the weakness of thrir own government to assail the rights of That bill has been amended in the Senate. and both of the provis· our citizens. ions referred to have been stricken out a,t the instance and under In such case we have choice Of two remedies. We can either peo- the urgent appeals of Senator MAXEY. The biU as reported back to ple the entire line with soldiers at &n enormous cost to the Govern- the House retains ten regiments of cavalry, and the maximum of each ment and at the risk of dishonor, or we can pul'8ue the marauders is raised to twelve hundred men. If that bill could pass in the into their own territory for the purpose of reca.pturing stolen prop- shape now presented to the House, we might reasonably hope to se- erty and checking raids. Both remedies rest on the doctrine of na- cure an increased force upon our border, as the amendment proposed tionnl self-defense. As to tho :first there is no doubt expressed and by the Senator from Texas and adopted by the Senate provides for as to the latter neither reason nor authority can show the non-exis- the transfer of a sufficient force from these regiments to our border tence of the right in this case or the want of authority to execute to give protection; but there is no hope of its passage, and we ear- it. 'Ve are under no obligations to Mexico to break the pursuit of nestly insist that there should be no hesitancy in supporting these maraudel'8 at the boundary line. For yeal'8 we have been accus- resolutions because of any provisions in that bill tomed to chq,se hersubjects from our soil ladened and burdened with The gentleman from Dlioois [Mr. HuRLBUT] endeavored earnestly the spoils of plunder and sometimes stained with the blood of our to strike out that provision of the bill which reduced the Army to murdered citizens. Unifol'Inly we have paused at the line in respect 22,000 men. Had he been successful in his patriotic and noble effort to th9 nationality of Mexico only to have our officel'8 and soldiers to serve the best interest of the country, the necessity, so far as the tauntecl by the Mexicans from their side of the river. The local au- increased force is concerned, to defend our border would have been thorities of the state of Tamaulipas receive the :fleeing raidel'8 with obviated. The thanks of Texas are due to him, and I feel aut.horized open arms and cover their approach into Mexico. How long ought in behalf of over two millions of people to tender him the undivided a brave people submit to such indignities; how long ought a strong admiration of a. gallant and f)utraged people for his manly fight in and powerful Government tolerate such invasion of its territory f their behalf. Because of the wea,kness of Mexico and tho intarnnl troubles which Mr. Chairman, while the force provided for by these resolutions is have environed its government, this Government has for years en- deemed sufficient by those who are familiar with the demands of this deavored to do no act which might be construed as wanting in re- service, the service to meet and repel ordinary disturbances on that spect to the nationality of that government although abundant cause border, it will not be sufficient to police the line n.nd give adequate and provocation have existed to justify an entry upon its territory r,rotection on a purely defensive policy. Some other provision aux- and chast.isement of the robbers who commit these outrages. The iliary and in addition to this force will be necessary and ought to be people of Texas insist that the weakness of Mexico shall not longer provided. The committee recommend that the President be author- be allowed as a plea in justification for tho hilure of this Govern- lzed, whenever in his opinion tho protection of the rights of American ment to apply the proper remedy of relief. citizens requires it, to direct a pul'8nit of marauders into their own But, Mr. Chairman, it is said that althoo<7h we have this right under territory for the purpose only of recapturing stolen property and check- the circumstances to enter the territory of Mexico, the exercise of it ingthe raids. In tho opinion of all military men who have served on will lead to war. As before said, I do not think 80. It would, ho.w- that border in recent years, such authority a.nd the prompt exercise ever, depend upon the conduct of Mexico. That government ad- of it ia absoluteiy necessary to secure complete protection in the ab- mits that it has no power to restrain the lawless and vicious men who sence of a force sufficient to police the entire line and guard every engage in these expeditions or those who aid and encourage them. crossing on the river. Nothing but a display of power and authority It bas for years been advised of the existence of these troubles, and to use the most effective measures to crush out these lawless bands no efl'ort has been made in good faith to suppress them. And if now, can restore quiet and order. when this Government, after full notice, shall adopt a different policy It is said that the adoption of the second resolution reported would and determine to put an end to these encroachments, that govern- be equivalent to a declaration of war by this Government against the ment shall resist the means employed, then war will and ought to government of Mexico, or that it would lead to actual war. I do come, and it ought not to cease until all Mexico should be mad& to not believe either one of these propositions. It is true that every in- feel and know that the soil of the United States is sacred against the dependent nation has the right of immunity from invasion of its tread of an armed foreigner, be he soldier or robber, with or without soil by the armed subjects or cit.izens of other nations. This right a flag. The true doctrine upon this subject is stated by Governor is inseparable from independence and sovereignty and is usually . Coke in his letter to the Attorney-General, and I beg to call the atten- guarded with great jealousy. Neighboring powers should always, tion of the House to t.he following extr~t from that letter, which I under proper circumstances, recognize and respect this right to the ask the Clerk to read : end that peace should be preserved. But this right is founded in The Clerk read as follows : reason. If these Mexican mids which thi8 force i8 called ont to repel were of recent date. There are reciprocal obli~ations resting upon neighboring powers of irregular occurrence, and of such character ae to elude the efforts of an ordina- in respect to this right of Immunity from invasion. Each nation is rily vigilll>nt and energetic government to aupprtlM, !lJld such efforts were being required to restrain its citizens from unlawful and warlike expedi- made in good faith by the authorities of Merico, I grant, in that case, tba.t to allow tions into a.nd upon the territory of other nations. The territory of an armehcd in Mexican news- sacked, and murder most fou 1 committed in sight of our flag, all since papers, and urged by Mexican orators who ta.ke advantage of the general igno· ranee of their countrymen to make ass.-rqons only ludicrous to intelligent persons, this report was made in 1873. But I desire to call attention to the knowing well the national want of capacity to distinguish between a lie and the charge made in that report, wherein it is said that one cause of prov- truth, and we, wh~ are accns~_med to !leeing t~ese tricks~ have ~een ast~mishe~ ocation for such irregularities as had occurred in Texas at the hands that a man occupymg tho posJtJOn of Senor .Manscal shorud so IDlStake his audi· of Mexicans wa.s that the Mexicans bad been defrauded of their lands ence as to make such a. charge in the United States. The writer is not an ex-confederate, but an old abolitionist of the Sumner and between the Rio Grande and Nueces River by the people of Texas Greeley school. _He has, hon ever, felt thll insult none the less keenly. He is per- under color of law administered by the courts of Texas. If this charge sonally under obligation to Seiior 1\Iarisca.l for making these charges, as, by so do- is willfully and deliberately false, no reliance can be placed upon any !ng, .he fully corroborates the opinion of .Mex~can diplomacy given to Department · other charges made by it. In order to show the falsity of this charge W dispr.tch No. 185 of July 31, 1873. · No half-way measures will answer in treating with Mexicans. There is DO trait and a knowledge of its baseness on the part of that commission I shall in the national character more striking, in all of them, high or low, than their utter simply ask the Clerk to read the fo!lowing extract from the testimony 4528 CONGRESSIONAL RECORD-HOUSE. JULY 12, · of Colonel J. L. Haynes, a. distinguished citizen of Texas, of long resi- State, are beginning to render rich reward to the laborer. Agricul- dence on that ~order, and one of the ablest lawyers of that State. tural interests are extending their area and will soon demonstrate the The Clerk read as follows: fact that Texas is capable of being ranked among the first producing The commission hero charge a deliberate attempt on the part of the people and States of the Union. Every train of cars which enters the State car- the Leaislature of Texas to rob the Mexicans in Texas of their lands. If true, it ries young, enterprising immigrants seeking homes for life. would 'i'Je a. very grave charge; but it is absolutely fnlso as to t.be legislation of the Why should the people of Texas desire war, and of all wars one State. That portion of the State between the Rio Grande and the Nueces River with Mexico f If they desired to suspend the development of the was, previous to 1836, a part of the state of Tamaulipas, from which state the titles gra.n d resources of the State, stop the completion of its internal im- to the lands in this territory were issued. On tbe 19th of December, 1836, Texa-s declared the Rio Grande to be its boundary, but it was not until the treaty of Gua- provements, open up a vast and beautiful country beyond it where dalupe Hidalgo, in 1848, that this claim was finally made good. The titles ISsued by the tide of immigration would inevitably flow-offer to her yonng Tamaulipas were not known to our records no:r to bo found among our archives, men the ways of wa.r with its vices instead of presernng the ways of and legislation on the tmbject became necessary. On the 8th of Februaryt 1850, an peace with its virtues-it might be truthfully said that the people of aot was passed by the Legislature of Texas authorizing the appointment of a board of ,land commissioners to . investigate these titles. (Paschal's Digest of Laws of Texa.s desired a war with Mexico. War would inflict upon Texas the Texas, article 4440.) The board reported a part of their work, and on September 4, most serious evils, and her people deeply appreciate the importance l!i50, an act was pll.Ssed to confirm the titles in Webb County, includin.,. about fifty of preventing it. This Government has the power and can effect- leagues, or two hundred and twenty-odd thousand acres of land. (Paschal's Digest, ually apply the means which will preserve peace, and nothing will article 4459.) Upon a further and fuller report of the board, the Legislature, by act approved more cel'tainly accomplish it than the adoption of these resolutions February 10, 1852, confirmed directly, by name. to the Mexican grantees in Nuecesd and a strict enforcement of them. Cameron, Hidalgo, Starr, Zapata Webb, and Kinney Countiel;l about two thousan If neither insults to our national honor nor· constant wrong to the leagues, or over eight millions of acres of land. (Paschal's Digest, article 4461.) By act af.proved February 11, 1858, the titles in El Paso C9}lnty were confirmed. people of Texas will move this Government to assert its power and (Pascbals Digest, article 4466.) By act of February 11, 1880, parties whose titles shield that people from the cruel invasions of armed Mexica.ns, self- were not confirmed were autbo1ized to bring suit in the distriotcourts for confirma- preserva.tion will require that State to take care of its border by the tion, and under this act over two hundred leagues, or nearly a million of acres, were most effectual means. The State heretofore, under the guidance of confirmed by decrees of tho courts. (Paschal's Digest, article 4481.) On the 15th of Ausnst, 1870, the foregoing act was substantially re.enacted, with a limitation her patriotic governor, bas endeavored to keep faith with all na- as to time, and the district court of Travis County under this act has confirmed the tional obligations and the relations of this Government with Mexico, titles to nearly a million of acres more of these titles. (Paschal's Digest, article and has refra.ined from all acts calculated to disturb those relations. 7068.) Over ten millions of acres of land have thus been confirmed to grantees of Her people ha.ve not only submitted to most grievous wrongs inflicted titles issued by Tamaulipa.~. The grantees of these lands and their heirs now own and occupy these lands, excepting a few who have sold their lands, and one reason upon them by the subjects of that government, but ha.ve sustained of the prosperity of the Mexican towns on the Rio Grande in comparison with our a.n annual expenditure of large sums of money from the trea-sury of towns 1s this fact, the Mexicans receiving large incomes from their lands and stock- the State to aid in a defensive policy. Neither a due regard for its ranches in Te:xa.s, which they spend in improving their own towns. The recent relations to the Government nor of the rela.tions of this Government constitutional convention of Texas expressly recognized all these confirmations, and gave the owners five years' additional time within which to have their lands to that of Mexico can require longer submission of the people of that surveyed and plotteus Christi, gives an interesting account side and catch them, "using no more force than is necessary." Now of the operations of these banditti, who killed and flayed in one place two hundred that is not the way one nation should deal with another. If our and seventy-five heads, in another three hundred, and in another sixty-six.-Daily Ranche·ro, Brownsville, March 1, 1873. nation deals so with a. proud nation it is war; and if with a weak .Another newspaper, referring to this same band and to the ineffectual persecu- nation, it is a dishonor to ourselves, and I am unwilling to dishonor tion of it, says : America. We believe that the cattle-owners of the Nueces and Rio Grande ought to do Mr. WILLIAMS asks Steele: something better than to run after these robbers. They must direct their atten. tion to the buyers of hides. A little discipline exercised against these supporters Have you any reason to believe that the people on our side wer~ co operating of thieves will soon put a stop to the trouble. If there were no buyers the thieves with them7 would soon take another course. The merchant who buys from the thieves is worse .Answer. There are people living on this side who do that1 but they can hardly than the thieves themselves. He is only one, but he turns twenty into scoundrels, be classed as citizens. In fact, it iB very hard to define who lS a citizen there. In trusting in his position to save himself from reproach and censure.-The Sentinel. this report of this county: they are given as residents and citizens, and the residents May2, 1873. largely outnumber the citizens. Many of these residents are mixed up with smug- This ranch carries on another speculation, which consists in branding all the gliiig on this side. The Free Belt, where goods are admitted free of duty, affords young cattle that can be found, regardless of their owners. * * * It is said that fine opportunities for smuggling all along there. some men of the Nueces County not far from here came and collected all the That is, the Americans, men living there under the protection of If calves they could find and branded them for the benefit of those whom they serve. this business CQ!J.tinues nothing will be left to our stock-raisers but their corrals Texas and United States laws, steal cattle from our own people, and and wells.-1he Sentinel, Brownsville, February 11, 1873. we are asked to allow our troops to follow them into the territory of There are many persons on this side (Texas) who maintain themselves by cat- a foreign government. I say put an army there if possible, and when- tle-stealing. The peculiar character of our Mextcan population, combined with ever a man is seen who cannot give a proper answer as to what his cattle-stealing the advantages of a very scattered population and the dense thickets, makes this a very profitable business. Where there is :fire there is smoke. busine88 is arrest him. If you want to commit an outrage do it in This old proverb occurs to us when we hear it said" sur.h or such a person has made the United States, and not on the other side of the line. If you want his living by cattle-stealing." We .know they cannot be reached by our tribunals. to commit an illegal act, do it in this country. Let GeneralDix go They have many able friends. * * * The pnblic opinion certainly accuses many among us of being implicated in cattle-stealing.-Daily Ranchero, Brownsville, there, and whenever he sees a man driving a herd of cattle shoot him February 10, 1872. on the spot, and do not follow him into Mexico. Here is quotation after quotation showing that cattle are being I will now quote from General Ord, who, speaking of the thieves on the T~xan side, says : stolen and branded and killed in Texas whenever they are caught away from their own localities, and we are asked therefore to pass a These vagabonds on the northern side ef the river are frequently in collusion resolution that would dishonor the good name of onr country. It with the robber-bands from Mexico1 and for that reason the Mexican government states that those raids are not comnutted by Mexicans, bnt are committed by Amer- may be very fine for gentlemen to forget their own country's honor icans, because some of these same fellows may have probably been naturalized, or in their hatred for Mexico ; but the time will come when they will had obtained some right under the Texas laws, which are very liberal, to remain thank the Congress of the United States for refusing to pass this there, and to have thel>enefit of citizenship; bnt they are nevertheless Mexicans. Question. You do not aJ>ply that to the entire Mexican population on our side 7 second resolution. I will vote for the first, but I will never vote for Answer. Not at all; only to the roving class, who have no permanent home. The the second, nor do I think this House ought to do it. best class of Mexicans are just as anxious as the American stock-raisers are to put I now yield the balance of my time to the gentleman from Texas, a stop to these raids, and quite a company of them co-operated very actively in the (Mr. 'REAGAN.] recovery of the cattle by Captain McNally and Captain Randlett, wben they crossed the river recently. Mr. DUNNELL. The gentleman promised to yield to me. Q. Have you ever been on the opposite side of the river 9 Mr. HARRISON. That is true. A. I have been. Mr. DUNNELL. If the gentleman from Texas [Mr. REAGAN] de- This report here denies there are any such on the other side of the sires to go on now, I will g~ve way to him. river. This report says the reason they say so is that these robber- Mr. FOSTER. It is now nearly five o'clock, and I ask the gentle- hands come from the other side to help them. man to give way to a motion that the committee now rise. 1876. OONGRESSIONAL RECORD-SENATE. ' Mr. REAGAN. If I can be recognized as entitled to the floor, I IN SENATE. will give way for that motion. Mr. FOSTER. I move that the committee now rise. THURSDAY, July 13, 1876. The motion was agreed to. The committee accordingly rose ; and the Speaker pro tentpm·e hav- The Senate met at twelve o'clock m. ing resumed the chair, Mr. MONROE reported that the Committee of Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. the Whole on the state of the Union, plll'8uant to the order of the The Journal of yesterday's proceedings was read and approved. House, had had under co~ideration the joint res_?lution (H. R. No.9?) MESSAGE FROM THE HOUSE. to provide for the protection of the Texas frontier on the Lower RIO A mess"age from the House of Representatives, by Mr. G. M. ADAMS, Grande, and had come to no resolution thereon. its Clerk, announced that the House had passed the following bills; GEORGE H. GIDDINGS. in which the concurrence ofthe Senate was requested: Mr. HANCOCK, by unanimous consent, introduced a. bill (H. R. No. A bill (H. R. No. 36) to restore the name of Captain Edward S. 3888) for the relief of George H. Giddings; which was read a first Meyer to the active list of the Army; · and second time, referred to the Committee on the Post-Office and A bill (H. R. No. 800) relating to the promotion of commodores on Post-Roads, and ordered to be printed. the retired list of the Navy; · LEAVE OF ARMY OFFICERS. A bill (H. R. No. 2118) to provide for the construction of military posts on the Yellowstone and Muscleshell Rivers ; and Mr. REAGAN. I move that the House now adjourn. A bill (H. R. No. 2653) making appropriation for the improvement Mr. BANNING. I ask the gentleman to yield to me for a moment. and repair of the military road between Springfield and Fort Randall, Mr. REAGAN. Hit will not intem1pt the regular order of business. in the Territory of Dakota. Mr. BANNING. I ask unanimous consent to take from the Speak- The message also announced that the House had passed the follow- er's table House bill No. 1692 to amend an act approved May 8, 1874, in bills: in regard to leave o.f absence of Army office~. It h~e come bac~ from the Senate with a smgle amendment, to which I thmk there will be l bill (S. No.123) for the relief of Philip S. Wales, medical inspector in the United States Navy; · · no objection. A bill (S. No. 894J' to provide for the sale of the Fort Kearney mil- No objection was made; and the bill and amendment were taken itary reservation, in the State of Nebraska; and from tbe Speaker's table. . A bill (S. No. 928) for the relief of Albert W. Preston. The amendment of the Senate was read, as follows: The message further announced that the House had passed the bill In line 4, after the word " allowed," insert the words "in the dis- (S. No. 779) to provide for the sale of the reservation of the confed· cretion of the Secretary of War." eratedOtoeandMissourialndiansintheStatesofKansasandNebra.ska., Mr. BANNING. I move the amendment of the Senate be concurred with amendments; in which it requested the concurrence of the Senate. in. The message also announced that the House had passed a. concur- The Senate amendment was concurred in. rent resolution authorizing the conference committee on the bill. (H. Mr. BANNING moved to reconsider the vote by which the amend- R. No. 3411) for the repavement of Pennsylvania avenue to make cer- ment of the Senate was concurred in; and also moved that the mo- tain corrections in their report; in which the concurrence of the Sen- tion to reconsider be laid on the table. ate was requested. The latter motion was agreed to. The message further announced that the House had concurred in REAL-ESTATE POOL. the resolution of the Senate for the printing of 10,000 copies of the Mr. GLOVER, by unanimous consent, from the Select Commit~ee on report of the Commissioner of Education for 1875. Real-Estate Pool ·and Jay Cooke's Indebtedness,·reported testimony ENROLLED BlLL SIGNED. taken by that committee, and moved that it be ordered to be printed and recommitted. The message also announcetl that the Speaker pro tempore had The motion was agreed to. signed the enrolled bill (H. R. No. 2404) for the relief of JohnS. Dick- son, late captain of paroled prisoners; and it was thereupon signed LEAVE OF ABSENCE~ by the President pro tempo1·e. Leave of absence, by unanimous consent, was granted in the fol- lowing cases : EXTENSION OF LEGISLATIVE SESSION. To Mr. WHITE for one week; The PRESIDENT pro tenlpore. Is there objection to continuing the To Mr. GooDE for three days; legislative session for morning business, the presentation of petitions To Mr. CHAPIN for eight days; and matters of form f To Mr. WILLIAM B. WILLIAMs for four days; Mr. EDMUNDS. Subject to a call for the regular order. To Mr. JOYCE for ten days · and The PRESIDENT pro tempore. The Chair hears no objection. To Mr. CASWELL indefinitely after the thirteenth instant. EXECUTIVE COMMUNICATION. ENROLLED BILL. The PRESIDENT pro tempm·e laid before the Senate a message from Mr. BAKER, of New York, from the Committee on Enrolled Bills the President of the Uniten States, transmitting, in compliance with reported that they had examined and found truly enrolled an act cH. ' a resolution of the Senate of the 7th instant, a report from General W. T. Sherman, together with the most recent reports received from R. No. 2404) for the relief of JohnS. Dickson, late captain of paroled prisoners; when the Speaker signed the same. Bri~adier-General A. H. Terry as to demonstrations by the Sioux Indians ; which, on motion of Mr. PADDOCK, waa ordered to lie on the ARMY APPROPRIATION BILL. table and be printed. The SPEAKER pro tempore announced that he had appointed as PETITIONS AND MEMORIALS. one of the conferees on the part of the House on tQ.e disagreeing Mr. KERNAN presented the petition of over 600 seamen of the votes of the two Houses on the Army appropriation bill Mr. B~G merchant marine of the United States, praying for the passage of the instead of Mr. RANDALL, who had"asked to be relieved from semce. bill (H. R. No. 3187) to amend title 53 of the Revised Statut-es relat- The motion of Mr. REAGAN wa.s then agreed to; and accordingly ing to merchant seamen; which was referred to the Committee on (at four o'clock and fifteen minutes p.m.) the House adjourned. Commerce. He also presented the memorial of the commissioners of emigra- PETITIONS, ETC. tion of the State of New York, and others, calling -the attention of Congress to ~he present condition of the emigration laws resulting The following petitions and other papers were presented at the from the decision of the Supreme Court of the United States dec~­ · Clerk's desk under the rule, and referred as stated : ing the State laws on that subject unconstitutional and void, and in By Mr. CONGER: The petition of Colby Short, late a private of favor of speedy legislation by Congress in regard thereto; which was Company L, First Regiment Michigan C.a.valry Volunte~rs,. for the referred to the Committee on Commerce. passage of an act to enable him to rece1ve an honorable discharge Mr. SHERMAN presented a petition of citizens of the State of from the military service, to the Committee on Military .Affairs. Iowa, praying for the adoption of such legislation as.will quiet the Also, the petition of Sarah J. Cowell, the widow of James T. Cowell, titles of actual settlers to certain lands in that State, embraced deceased, late a private in 9ompany C, Fift~ Regiment ~chigan .Vol- within the limits of the Des Moines River grant; which wa.s referred unteer Infantry, for a. perunon, to the Comnnttee on Invalid Pensions. to the Committee on Public Lands. Also, the petition of Arthur P. Randall, of Watertown, Michigan, Mr. MORRILL presented the petition of B. D. Carpenter, of the late a private in Company M, of the First Michigan Regiment of En- District of Columbia, praying that his claim a~inst the United gineers and Mechanics, for a pension, to the same committee. States for property taken and appropriated by Umted States troops By Mr. FAULKNER: Papers re.tating to the claim of Dr. Francis be referred to the Court of Claims for adjudication; which was re- Tumblety, for compensation for damages on account of incarceration ferred to the Committee on Claims. of himself in the year 1865 by United States military authorities, to the Committee on Foreign .Affairs. REPORTS OF COMMITI'EES. By Mr. THOMAS : Papers relating to the claim of John H. Tolson, Mr. CONKLING, from the Committee on Commerce, to whom was for mdemnity for the loss of the schooner Ann and her cargo, sunk referred the bill (S. No. 981) for the better protection of life and in the Patapsco River by colliding with the United States eteam-tug property at sea, asked to be discharged f!om its further co~idera­ Robert Leslie, to the Committee on Commerce. tion, a.nd that it be referred to the Committee on Naval .A.ffairs, the 4534 CONGRESSIONAL RECORD-SENATE. JULY 13, same subject being i:Q. another form before that committee; which Mr. BAYARD. I should like the order amended so a-s to include the was agreed to. . views of the minority. Mr. SHERMAN, fro~ the Committee on Finance, to whom was re- The PRESIDENT pro tempore. The resolution is to be referred to ferred the bill (H. R. No. 2922) to authorize the Secretary of the Treas- a committee for their recommendation. If there be no objection the ury to make allowances for compensation to collectors of internal orderwill be so amended,andreferred to the Committee on Printing. revenue who went out of office prior to February 8, 1875, upon :final ISSUE OF SILVER COIN. settlements of their accounts, reported adversely thereon; and the bill was postponed indefinitely. Mr. SHERMAN. I ask leave to have an order made to print the He also, from the same committee, to whom was referred the bill report of the committee of conference on what is known aa the silver (S. No. 972) authorizing the commissioners of the District of Colum- bill. The report is ready, and I wish it to be printed so that it may bia to issue certificates in the case of loss or destruction of registered be laid before the Senate in due form. certificates or bonds of the District, reported adversely thereon; and The PRESIDENT pro tempore. The Chair hears no objection, and the bill was postponed indefinitely. the order to print will be made. Mr. COOPER, from the Committee on Finance, to whom was re- OTOE AND MISSOURIA INDIANS. ferred the bill (H. R. No. 1713) for the relief of Berthold Loewen- The PRESIDENT pro tempore laid before the Senate the amend- thal, of Chicago, illinois, reported it·without amendment, and sub- ments of the House to the bill (S. No. 779) to provide for the sale of mitted a report thereon; which was ordered to be printed. the reservation of the confederated Otoe and Missouria Indians in the He also, from the same committee, to whom was referred the bill States of Kansas and Nebraska. (H. R. No. 256) for the relief of Herman Hulman, of Terra Haute, Mr. EDMUNDS. The amendments had better be printed. Indiana, reported adversely thereon ; and the bill was postponed in- Mr. PAD DOCK. I move that the Senate non-concur in the amend- definitely. ments of the House and ask for a committee of conference on the Mr. CAPERTON. I am directed by the C9mmittee on Claims, to disagreein~ votes of the two Houses. whom was referred the petition of Marie Louise Perrin and Traut- The motion was agreed to. mann J;>errin, praying for compensatio:s. for the destruction of their Mr. EDMUNDS. Let the amendments be printed as well. property by the bombardment of Greytown, Central America, to sub- The PRESIDENT pro tempore. The amendments will be printed, mit an adverse report thereon. The Senator from New Hampshire if there is no objection. [Mr. WADLEIGH] may desire the adverse report to be placed upon the By unanimous consent, the President pro tempore was authorized to Calendar. appoint the conferees on the part of the Senate; and Messrs. INGALLS, The PRESIDENT pro tempore. That order will be made if there PADDOCK, and RANSOM were appointed. be no objection. Mr. CAMERON, of Wisconsin. I am directed by the Committee IMPEACHMENT OF W. W. BELKNAP. on Claims, to whom was referred the bill (S. No. 56) for the relief of Mr. SPENCER. I ask to· have laid before the Senate the concur- loy~l citizens of Loudoun County, Virginia, therein named, to report rent resolution of the House in relation to the conference report on it adversely, with a recommendation that the bill be indefinitely the bill for the repavement of Pennsylvania avenue. postponed. At the request of some persons who are interested in the Mr. EDMUNDS. I call for the regular order. bill, I ask that it ~o npon the Calendar. . The PRESIDENT pro tempore. The Senator from Vermont calls The PRESIDE~T pro tempore. The bill will be placed upon the for the regular order. The legislative and executive business of the Calendar, with the adverse report of the committee. Senate will be suspended, and the Senate will proceed to the consid- Mr. WRIGHT. Yesterday mm·ning I reported adversely from the eration of the articles of impeachment exhibited by the House of Committee on Claims the bill (S. No. 185) declaring the effects of Representatives against William W. Belknap. permits to purchase products of the insurrectionary States in certain The Senate then proceeded to the trial of the impeachment of cases granted by the President of the United States, being somewhat William W. Belknap, late Secretary of War. f en~ral in its nature, and recommended its indefinite postponement. The Senate sitting for the trial of the impeachment of William W. · now report from the committee the petition of Rees B. Edmondson, Belknap having adjourned then resumed its who prays relief in one of the cases proposed to be covered by that LEGISLATIVE SESSION. general bill, and I ask to be discharged from its further consideration. There is no written report in this case, but the written report upon The PRESIDENT pro tempore. The Senate resumes its legislative the general bill is sufficient, as it covers all the points that are business. made in this petition. Mr. ALLISON. I move to proceed to the consideration of House The report wa.a agreed to. bill No. 3022, being the river and harbor bill. Mr. WHYTE, from the Committee on Naval Affairs, to whom was Mr. EDMUNDS. I ask that no business be done until we have referred the peation of Daniel G. Wright, administrator of the estate order. of Samuel T. Anderson, formerly naval storekeeper, United States The PRESIDENT pro tempore. Senators will resume their seats. Navy, praying for the allowance and payment of claims alleged to Business will be snspended until order is restored. [After a pause.] be due the estate of said Anderson for services rendered during the The Senator from Iowa moves to postpone the present and all prior war of 1812, submitted a report thereon, accompanied by a bill (S. orders for the purpose of considering what is known as the river and No. 986) for tbe relief of the administrator of Samuel T. Anderson. harbor bill. The bill was read and passed to the second reading, and the report Mr. EDMUNDS. I do not rise to make any opposition to this mo- was ordered to be printed. tion, but to say to my friend from Maine that I find on looking at Mr. COCKRELL, from the Committee on Claims, to whom was re- the RECORD that when I made the point of order yesterday evening ferred the petition of Joseph Ritzell, of West Virginia, praying com- his bill was already up and therefore there was no point of order about it. pensation for the use and destruction of his property in that State I did not hear the Senator, and the confusion was so great that I did during the late war, submitted an adverse report thereon; which was not hear the .C hair either put the question or state that it was car- agreed to, and ordered to be printed. ried ; there was such a rumpus going on. I therefore apologize to the Senate for making a point of order after the occasion for it had RIVER AND HARBOR BILL. gone b~ and to my friend from Maine for the trouble I gave him. Mr. ALLISON. I desire to give notice that at the earliest possible The .t'RESIDENT pro tempore. The Chair will state that the un- moment the Commi!tee on Appropriations will call up the river and finished business is the bill called up by the Senator from Maine yes- harbor bill. terday, the bill (H. R. No. 3628) establishing post-roads, pending which ~ILLS INTRODUCED. the Senator from Iowa [Mr. ALLisoN] moves the postponement of this Mr. BAYARD asked, and by unanimous consent obtained, leave to and all prior orders for the purpose of considering the river and har- introduce a bill (S. No. 987) for the transfet· of Paymaster Robert bor bill. Burton Rodney from -the retired list to the active list of the Navy; Mr. HAMLIN. Inasmuch as the post-route bill is now before the which was read twice by its title, referred to the Committee on Naval Senate, I hope the Senator will not interpose an objection to displace Affairs, and ordered to be printed. this, but let us go through with it and then take up the river and har- Mr. ANTHONY asked, and by unanimous consent obtained, leave bor bill. The Senator knows how easily that bill always ~es through. to introduce a bill (S. No. 9!:l8) authorizing the President to invite the I ho:pe he will not interpose an n relating to the State of New York, because I did not priations not only for Michigan but in other places. believe that the work, within the general scope and genius of river The question being taken byyeaa and nays, resulted-yeas 14, nays and harbor bills, ought not to be done, that it was not important, Zi ; as follows : that it was not suitable, that it wa-s not well in all regards tried by YEA~Messrs. Allison, Booth, Conkling, Davis, Dawes, Eaton, Kernan, Mc- the principles of our river and harbor bills; but I acquiesced in the Creery, Sherman. Wadleigh, Walla.ce, West, Windom, and Withers-14. report of the committee and voted to sustain their report for a reason NAYS-Messrs. Bogy, Bruce, Ca.J?erton, Chri.stia.ncy, Cockrell, Cooper, Dennis, which I have endeavored to state, namely, that the committee at this Ferry, Frelinghuysen, GOrdonJ Ha.nulton, Harvey, Howe, Ingalls, Jones of tFlorida, time had found itself so straitened by the considerations operat- Key, Maxey, Merrimont Mitcnell, Morton, Norwood, Oglesby, Paddock, Ransom, ing upon it as to feel bound to restrict appropriations first to the Robertson, Spencer, a.na. Whyt&--27. ABSENT-Messrs. Alcorn, Anthony, Barnum, Bayard, Boutwell, Burnside, preservation of work which has been done, and second to the con- Cameron of Pennsylvania, Cameron' of Wisconsin, Clayton, Conover, Cragin, tinuation of such works as seemed paramount and exigent in their Dorsey, Edmunds, Goldthwaite, Hamlin, Hitchcock, Johnston, Jones of Nevada, importance, and to postpone to a more convenient or a less strait- Kelly, Logan, McDonald, McMilla.n, Morrill, Patterson, Randolph, Sargent, Sauls- ened seaaon, other and intermediate works. Therefore it waB, Ire- bury, Sharon, Stevenson, Thurman, and Wright-31. peat again, that I assented to the amendments striking out works in So the amendment was rejected. the State of New York which I may say, without intending to insti- Mr. CONKLING. That I may not be found in laches I want now tute any disparaging comparison with Michigan or any other State, to give notice to the honorable Senator who has charge of this bill can be demonstrated, for reasons as strong as exist in the case of the thart I shall feel it my duty and my privilege also to move to recon- amendment just passed upon, to be appropriate and important sub- sider-! shall not interpose to do it now-the vote by which the Sen- jects of appropriation at a proper time: ate has agreed to sundry amendments the subjects of which were in The Chair haa reminded me that lines 40 and 41 contain the amend- the State of New York, and which were identical, as I understand it, ment on which the Senate has voted, and that amendment was to with the amendment just rejected, except in some instances the merit strike out $5,000, for the improvement of the harbor at Frankfort, of the work was greater and the occasion more urgent than in the in- Michigan. What are the fa-cts! As I understand, the engineers re- stance upon which the Senate has now voted. My colleague and my- port that that work, when it is to be done, will cost $2!),000, and it aelf-1 believe I can speak for my colleague in that regard-did not ought to be done in a single season. Why f For some occult scien- feel at liberty to interpose and resist the amendments striking out tific reason which we cannot understand f Not at all; but for a rea- works in the State of New York as long aa we supposed it was the son of common sense which addresses itself to every man in this body, judgment and purpose of the committee to adopt a :fixed line of pol- whether he lives on the water or lives inland. We all understand i~y touching this bill. That line of policy we understood to consist that if the machinery, the apparatus, the gangs of hands, the whole 4540 OONGRESSION AL RECORD-SENATE. JuLY 13, outlay and preparation for a definite and limited work are to be as- fourth Congress, volume 2, part 1, he will see that the engineor re- sembled in order to do that work, the true way is, if it is so small that ports in relation to this harbor: they can dispose of it in a single season, to do it and make an end of The1·e is now an available water-way of but nine and a half feet between the it, and not by an appropriation this year of 5,000 to go on and dredge piers. To increase this water-way to twelve feet, f5,000 will be needed for dredg- to a certain extent and have the wash and effect of time and tide dredmaking mg, a total aggre~te of $13,771.40 for dredging and building the three hun- and twenty feet of pile revetment. undo a large part of the work by another year, and then come in again with a second installment, redredge, re-assemble these dispersed That is so near 14,000 that we thought we would make the appro- hands, bring together again the machinery which is there and which priation $14,000, as we supposed this amount of $13,771.40 was a sort has fallen into disrepair or been carried elsewhere, and then the third of guess-work, as the rest of it seems to be. year follow it up again. We all undel'8tand that the same reasons The amendment was agreed to. which would lead a man who proposed to build a vessel or to con- The next amendment of the Committee on Appropriations was to struct a house, or to do any other definite and entire thing which strike out lines 46, 47, 48, and 49, in the following words: could be done within a limited space, to do it at one continuous time For the improvement of the harbor at Pentwater, Miohi~an, 610,000. and not to scatter it through a period of years and build it up by For the improvement of the harbor at White River, Miohl.gan, tlO,OOO. sporadic and isolated efforts, renewed from time to time, justify the Mr. FERRY. I ask the Senate to non-concur in this amendment. engineers in saying that if a certain work is to be done on a certain What I said before covers this case; but I will say a word or two harbor which costs $25,000, it ought to be done and the mode ou~ht more, especially as I intended to interrupt the Senator from New to be taken to do it, and not to show "how not to do it" by pecking York, but disliked to do so then. I wanted to put to him a question. away, a little this year, and something more next year, and something The Engineer Department recommend the completion of the different in addition the year after, and spreading it over a series of years to harbors and the appropriation, say for illustration, of from ~0,000 manifest loss and increa-se of cost. to $200,000 each, and declare the necessity for their completion as I understand the Senator in charge of the bill to sa.y further that harbors of protection to the shipping of the lakes. Disregarding the engineers report that for the preservation of anything found this, the Senate adopts the policy of appropriating only a part, and in that harbor, as it is now, no appropriation is necessary this year. by that method even the water is deepened, so that in some cases from The honorable Senator tells us that the board of engineers say that seven feet it is deepened to ten, as was stated in the case of Manistee unless their work or some part of it is to be undertaken no appropri- and in other places to eleven or twelve feet. I wanted to ask the ation whatever is necessary this year. Now, what has the Senate Senator if that did not prove beneficial, and if the harbors cannot be done f The Senate, resting its action on the action of the House, completed on the department plan f Why abandon benefi.ts derived which it is not for me to criticise, has proceeded to guess off here from a modified policy f that $5,000 which happens to be just one-fifth of the definite sum re- I agree perfectly with the Senator that if the Government should quired for a definite work if it be performed, shall be appropriated for adopt the policy of completing entirely these necessary works we what 7 To be committed to the discretion of some officer, we know should then have valuable harbol'8, and not left as now in an unfin- not who, to be applied in violation of the recommendation of the ished condition, necessitating annual appropriations to provide for board of engineers. That is all we know about it. destruction incident to incompletion. We know very well that if we Mr. President, I intended when I arose to occupy but a moment were to meet such necessary appropriations at once it would take so about this bill, and although I have been led to say something more large an amount from the Treasury that it would not be wise to do than I meant to do, I will not be tempted at this time into a line of it; nor would it be possible to do it now. If we cannot pursne that remark with which I may at some time trouble the Senate touching policy, ought we not to adopt a modified one, by which in a measure the philosophy and methods of our river and harbor appropriations. commerce is protected, life saved, and the country flourish f In I believe them to be radically wrong. I believe that river and harbor that line of policy I hope the Senate will non-concur in this amend- bills at last are apt to be matters of bounce and chance, industry and ment. push ; I use all these words with respect for everybody ; and the I have shown that the aggregate to Michigan in the House bill is question is, as ha-s been illustrated this morning, which work, which only $225,000. The amendments of the committee lessen that · by State, which instance shall be espoused by some Senator who, reso- $40,000. The Senator from New York remarks that he did not wish lutely making an outcry against reduction, prevents reduction being to draw any discriminating comparison between States; neither do I. made f And 1t is largely, from first to last, a matter of perseverance, I feel in the case of the increa e for New York Harbor, as the com- of industry, of activity, of zeal, of espousal by members of this body mittee propose by a larger appropriation for Hell Gate, that there and by members of the House represented in committee and r-epre- ought to be a large appropriation for the improvement going on there. sented elsewhere. We have but one gauge in the whole business; I am ready to Yote for it. I have heretofore voted for that because we have but one yard-stick, but one safe-guard by which we pretend foreign commerce ie protected by safer entrance to New York and to go. What is that Y The reports, the estimates, the certificates on the prosperity of the whole country is advanced. oath and on honor of the board of engineers. We say by that we So also I see that notwithstanding the cases that are cnt out the can measure somewhat our judgment and our duty in making these increase for New York Harbor is almost as much as the whole amount appropriations. Here comes a board of engineers to the two commit- of the appropriation to Michigan. That increase is nearly $200,000 tees of this body, last to the Committee on Appropriations, and say on the House bill, and yet I do not allude to that to show that New that in this instance to maintain that harbor as it is no appropriation York is getting more than Michigan-not at all. It is necessary for whatever is necessary for this year; they say that if an appropriation New York; I appreciate it; I vote for it, because I believe that the is to be made this year it should be for 25,000, to do a definite work Honse had under their economical policy cut lower than the circum- during this season; and thereupon the Senate turns round against stances justified. the recommendation of the engineers, against the recommendation of Mr. CHRISTIANCY. I wish to remark that in reference to the the committee, and says "We will do neither one northEJJ~>ther; we amendment now under consideration, as well as the next-that is, for will not stand by the idea of merely maintaining this ha,rbor; we will Pentwater Harbor and White River, Michigan-there is no such rec- not take the idea of doing this work, but betwixt and between, as a ommendation from the Engineer Department as that to which the matter of guE~SS, we will say that one-fifth of the amount required for Senator from New York and the member of the Committee on Appro- the work, which amount is totally unnecessary if the work is not to priations in charge of the bill have alluded; no recommendation that be commenced, the one-fifth being totally inadequate, shall be appro- the money asked for should be expended at one time. Therefore priated and the engineer in charge shall be permitted to use his own th~re. is nothing in any such ground as applied to these two appro- discretion as to whether he will spend it or not, and, if so, how, and priatlQD.S. ' then we trust to the winds, the waves, the chances of time and oppor- Mr. CONKLING. Will the "Senator allow me to interrupt him to tunity1 the question whether all the work done with thls $5,000 shall correct a misapprehension, not of mine, but of some other Senators f be obliterated, the dredging filled up, and the whole thing lost, or The Senator says that there is no such recommendation touching the whether it shall be lost only in part, knowing as we do at this tinle amendment to which he is now speaking; not that there was none that in large part it must be lost. touching the other amendment. Mr. President, without wishing to aim my remarks at any instance Mr. CHRISTIANCY. 0, no; I take no issue there; but, on the con- in Michigan or elsewhere, I do humbly submit to the Senate that there trary, as I read the recommendation of the engineer and the state- should be some "method in this kind of madness" found in river and ment in reference to the facts connected with the harbor, I draw the harbor bills; that professing, as we do, to receive light from the engi- inference, which I think every one must draw, that unless there be neers we ought to legislate upon some theory consistent either with some amount appropriated here this work will not be found another their judgment or with our own common sense, and not by mere guess year as good as it now is; in other words, there should be an amount and caprice establish one mle for one State and another rule for an- of money appropriated to keep the work in as good condition as it is other State and make appropriations which the individual judgment now and to avoid the loss of a considerable amount of money already of no Senator can heartily approve. expended there. Such would be my inference from the reading of The PRESIDING OFFICER. The pending amendment is to strike the engineer's report. I hope, therefore, that the Senate will not out 15,000 and insert 14,000 in line 43, "for the improvement of the agree to this amendment. harbor of Manistee, Michigan." Mr. ALLISON. If we are to have a struggle upon each and every Mr. FERRY. I merely rise to ask the gentleman in charge of the amendment to this bill on the theory that New York ha.s not had bill if that is the suggestion of the engineer f enough, or that Michigan has not had enough, or that Oregon} if you Mr. ALLISON. That is the revised estimate of the engineer, and please, Mr. President, has not had enough in the bill, we IDight as if the Senator will turn to page 246 of Executive Document 1, Forty- well take the bill aa it came from the House and simply add to it • 1876. CONGRESSIONAL RECORD-SENATE. 45.41 such sums, as in our judgment, we think necessary to carry on the t.o be kept in the bill and not stricken out, then by general consent all great works of internal improvement which are national in their the items that the House appropriated for should be retained. All character and concern the whole people. Now take for example this have merit. There is not one in the bill that is without merit, and improvement of the harbor at Pentwater, Michigan. There is an es- there are many not in the bill of as much merit as some already in timate in this case of 49,200, and the Engineer Department say that the bill. I believe it is just to the entire country that this should be that ought to be appropriated and could be profitably used this a test; ,and if the items now under consideration should remain in season. Thirteen thousand two hundred dollars of that sum is to be the bill, then let us keep them all in the bill. used for dredging; $18,000 is to be used for what is called pile revet- Mr. EDMUNDS. What are the particular cases to which the Sena.- ment to protect that dredging, and they should be done together. In tor from West Virginia refers in respect to which this would be a other words 31,200 of this sum shall be expended at one time, or test f He has some in his mind clearly. none of it. Now you appropriate here $10,000 in order that Michigan :Mr. DAVIS. There are two items now pending. may get her share, and I speak that not disrespectful of roy good friend, :Mr. EDMUNDS. But the Senator said .t hat this applied in ~any for I want Michigan to have her share. How are you going to divide other respects, and spoke of ca-ses that were equally meritorious that that $10,000 between the dredging and the pile revetment necessary ought to be guided by this vote. What are those cases T for this harbor' If you appropriate anything here whatever, appro- Mr. DAVIS. The Senator misunderstood me. I have nothing in priate in a manly way $31,200 to go on with this improvement. If my mind whatever except the two ca-ses before me, but all in the bill you cannot do that, then stand and in the same manly way omit this have merit or they would not be here. I have reference to no par- appropriation until next year and then appropriate $31,200. ticular amendment in the bill, but upon the principle that the Appro- Mr. ~.,ERRY. I should like to ask the Senator if it would not be priation Committee considered this bill and recommended the striking prudent and good policy if under the manly pressure, which we did out of these two items, they have recommended the striking out of not seem to have with the committee, we cannot get the larger a hundred other items, and if the principle is not good and will not amount to complete both, to appropriate enough to dredge out and hold here let us put them all back. keep the channel usable rather than to divert thewhole sum and let the Mr. MAXEY. I concur in the necessity of making appropriations channel fill up, so that then when next year comes around you weuld for the great national arteries and highways of commerce. So con- · have not only to double but quadruple the amount to be appropri·· curring, I voted, and without hesitation, for the increase of the ap- ated to put the harbor in as good condition as it was before! I sayif propriation for the harbor at Buffalo, New York, because I know that we cannot get enough for revetment and get enough for dredging, that is important. I voted in like manner for the increase of the ap- let us have enough to make the harbor accessible so that commerce propriation at Hell Gate, near the city of New York, because I know can pursue its way. that is important. But, sir, as States are made up of counties and Mr. ALLISON. But this dredging is to widen the channel. They the Federal Union of. States, so the great commerce of the country is have a channel there twelve feet deep and they propose to widen it made up of these small streams of commerce, and it has been the from seventy feet to one hundred feet, I believe, and therefore dredging policy of this Government almost from its foundation t o aid and en- is required. The revetment is also required as part of this improve- courage commerce not only by appropriations to the great arteries but ment. It does seem to me that we ought to pay some regard in these by fostering and encouraging the development of commerce by mak- appropriations to the recommendations made by the Engineer Depart- ing appropriations for the improvement of the smaller rivers and the ment, and the Engineer Department say "the estimate or omit;" that smaller harbors. While we who may be little fish are perfectly will- is their language. Perhaps I ought to say here that this committee, in~ to help the big whale, we think the whale ought not t o try to de- or a portion of them at least, undertook in the presence of the En- pnve us of the little there may be for our benefit. Hence I have gineer Bureau to make a careful statement of this bill with a view taken th1s view of the matter, that the House of Representatives that whatever money we did appropriate should beeconomically and have carefully examined this bill and they have passed this bill of prudently expended, and when we came to this harbor they showed appropriations and it has come to us, and "the Appropriation Commit- us the character of this work and said that $10,000 was of no account tee of the Senate seem to have stricken out the bill by wholesale. I toward its completion, and I do not believe that if we were to appropri- have a case in point in my own mind where an appropriation has been ate this sum this year the Engineer Bureau would use one dollar of made for years, was made I believe last year, and an appropriation it. This harbor does not need dredgin~ for the purpose of keeping it was recommended by the Chief Engineer for the present year, and by in repair ; it needs nothing for repair; 1t needs only this dredging for some oversight it was not in the Book of Estimates that I have ob- the purpose of widening it; and therefore unless yon appropriate at tained and have here, a most important work. .And so knowing of a least $31,000 yon may as well leave it out. I trust the Senate will case in my own State, I apprehend that same character of knowledge leave it out. is in the possession of those from other States in respect to their Mr. FERRY. I have but a word to say on thiS amendment. I wish States. The idea presented f>ythe Senator from West Virginia is, in to call the atteation of the Senator from Iowa to one fact. Take the my judgment, correct. I do not think it would be right' to call upon one at my residence, a harbor that I know all about, and it is also a me or to call upon any other Senator to aid in the improvement and harbor of refuge; and we owe it to the Government, too, in the main. development of the great harbors, such as Buffalo, such as the city of The work was partly done by private citizens, but largely by the New York, and others that might be named, and deprive the smaller Government. The entrance, which only had seven feet and a half of rivers and the smaller harbors of their appropriations, because it is water, now has eighteen feet of water, made so by a moderate ex- what goes out of the small harbors into the great harbors that makes penditure. Grand Haven has not received a very large amount of up this great commerce in the great places. I think comity, justice, appropriation. What is the report of the engineer for this year Y equity, and the usages of the country clear back to the foundation He asks that $51,000 should be appropriated to complete it and make of the Government all sustain the general policy of the House bill; it permanent. With a view of economizing and providing for the and for one1 therefore, I shall vote to non-concur in all these amend- other places, we can get along without so much. Last year I de- ments striking out items. clined taking any appropriation for Grand Haven, that other harbors Mr. KERNAN. Mr. President, I hope I shall be pardoned for say- along the coast of Michigan might receive more. The recommen- ing a few words in addition to what was said by my colleague. The dation was for a large amount, but I thought we could get along then. present amendment proposes to strike out an appropriation of $10,000 This year there was a certain amount needed to secure existing cribs for the improvement of the harbor at Pentwater, Michigan. The Sen- and to prevent the water working out the sand and stone, and that ator in charge of the bill informs us that the work to be done there moderate amount should be given to this harbor to protect it. For requires in round numbers $40,000, and the Engineer Department ad- the purpose $15,000 is given instead of $51,000 for completion. Now vises us to omit it or appropriate all. It is not a work that can be if we had a full Treasury I would ask the whole amount on the prin- continued with small sums of 5,000 or 10,000 from year to year con- ciple that the Senator from Iowa suggests, but we are not in a condi- tinuously, and it seems there is no great detriment to the service if tion to do that. Now, lsay rather than let it run to waste and de- we omit it for a. year, as we are informed. I concur in the general struction, let us keep it along with a moderate sum, and keep up in view expressed by the Senator from Iowa that where a work can be this way all of these harbors so that at each place vessels can enter preserved for a small appropriation so as to furnish useful facilities and business can succeed. Who is desirious of blocking up harbors and advantages to commerce, or where without great detriment we by allowing sand-bars and shifting of cribs for lMk of small protect- need not commence the work at all, this is a proper year to reduce or ive appropriations, and thereby destroy the business of a locality, omit appropriations. I do not believe it is wise for us to act in the when the Government ha-s taken it in hand to develop its resources' spirit that we should have a. sort of distribution of this money, each And, a-s my friend from Vermont suggests, such denial absolutely State getting something. This is the business of the Government of cribs the business. It does in a double sense,· and it is for that rea- the United States, and I think we should do as good business men son I would try to obviate it. . would do, omit appropriations where they can be properly deferred, Mr. DAVIS. The amendment now under consideration, in my and complete works in progress, if it can be advantageously done. judgment1 affects many more items in this bill. I waa not one of the With. this view I did not make a struggle against striking out the subcommittee that carefully examined this bill, but I am a member appropriation inlines9and 10, andyetthatwasforaharbor,aharborat of the Appropriation Committee which considered it. I think that a dangerous place on Lake Erie, where the Erie Railroad, one of the on the fate of these two amendments, as well as the one for Frank- great arteries of transportation, reaches the lake at Dunkirk. It was fort, already passed, depend many other items in this bill. It would useless to struggle for it this year, for the reason that the harbor is in be unfairtoother sections of the country, to other States, tore-instate reasonable condition; it will answer fairly for the year; and if there the two items now under consideration and not include many others is to be a general policy of cutting off where we can do it without that have been stricken out in this l.lill, and I think the Senate ought selious detriment, we were disposed to submit. So take lines 21 and at once now to settle what its policy will be. If these two items are 22, an item for the improvement of the harbor at Great Sodus Bay, 4542 CONGRESSIONAL RECORD-SENATE. JULY 13,- New York, $5,000. A railroad runs to that point. We should like an $15,000 or 20,000 more, so that we have now a depth of water of eight- appropriation there; but we thought that if the policy acquiesced in een feet, and we had before but seven and a half feet. I say there is by the Senate should be that which I have stated we would forbear a fact showing that by a moderate appropriation and expenditure of for this year, and only ask for appropriations where they were really money the depth of water is increased and the harbor made safe. necessary and would be well used. I do not know what the theory of the Engineer Department may Mr. MAXEY. The Senator from New York is a man who under- be. I do not know under what pressure the Engineer Department stands as well bow to take care of his own State as any of us, and I have been brought to send a. supplemental report here that certain call his attention to the fact that in two items our committee increaBe harbors can as well be shut out this year as not. If I were applied the appropriations for New York $175,000, and all that is stricken out to as head of a Department and told, "Here is so mucll; we must frame amounts to 36,000. the bill within some limits; now we ask you to report certain har- Mr. KERNAN. I utterly disclaim here and now that I am here to bors that can be shut out, in the face of your report that they required take care of the State of New York and get all the appropriations I a large amount to complete them," I might make such a supplemental can for her. I am here to ask that which is for the public good, and report temporarily; but I ask on the basis the Senator has stated, one not otherwise. While the committee have increased the appropria- of common sense, business judgment, what are we to do T If here tion for Hell Gate, a w.o rk that has been going on for years, yet I were large appropriations beyond the capacity of the Government, I believe the estimate of the engineer was $400,000; and it is a work should have nothing to say; but I repeat what I have stated before, going on, it is a work of great importance; and is there any compari- that the aggregate to Michigan is l>nt $225,000 outside of Sault Ste. son in the estimation of my friend from Texas between that work Ma,rie and the harbor of refuge, which the chairman has declared are and dribbling out 5,000 apiece to harbors on Ontario and Erie and national works in the broadest sense, and for which appropriations Michigan T Is it not better for us, as a good business man would do, have been made from year to year, and will be, I suppose, until they are to say, "I will .finish up this work this year; let another that the completed. Now aside from them the aggregate is 225,000; and in public do not suffer for go for another year, and then finish that." the face of that I merely urge for these places the moderate amounts For one I do not believe it is my duty to my country or my State to by which the depth of water can be preserved and property made safe. say, "You have so much, and let us have so much, whether it is really If yon shut them out and let them fill up, by and by wh.en we again important this year or not." Suppose a man owned a large tract of appeal to yon, then the argument will be made, "They are of no value; country; would he thlnk of starting his buildings on different farms, they have filled up mean time,;" when, if you had pursued the course ]aying out $5,000 or $10,000 there and another $5,000 there and another we are asking here, you would have kept them along year after year there, and so on f We should look as careful men at the interests of until you were abJ.e to complete them, and the while business would the country, in my judgment, to preserve what has been completed be developing and the best interests of the Government conserved. if it answers reasonably well in this year, when our appropriations Mr. ALLISON. I move that the five-minute ru]e be applied to are required to be as low as possible, cutting off the others, particu- this bill. I hope there will be no objection. larly if they are appropriations of $5,000 or $10,000, which the engi- The PRESIDING OFFICER. The question is on the motion of the neers say will do no good. I disclaim the notion that I am looking Senator from Iowa.. to New York, except as I would look to every other portion of the Mr. EDMUNDS. Is that in order f I should like to have the rule country, giving what is necessary for the public good and cutting off read. I think the rule applies to the general appropriation bills, and this year where without detriment it can be done. However, ii this not to the river and harbor bill; but I am not sure about that. I is to be done in this way, then I know that at Dunkirk, I know that should like to hear it read. at Sodus Bay and one or two other places, it is certainly far more im- The PRESIDING OFFICER. The order will be read. portant that we should have even the small sums given by the House The CmEF CLERK. The Senate on the 28th of February, 1876, bill than to distribute them in the way we are doing at some other Resowed, That during the present session it sha.ll be in order at any time to places. All I ask is to act with my brethren on the policy which they move a recess, and, penlli.ng an appropriation bill, to move to confine debate on adopt. I am in favor of the policy recommended by the committee amendments thereto to five minutes by any Senator on the pending motion, and and will act with it; but if the Senate differ I want their policy ap- such motion shall be decided without debate. plied to my own State as well as to others. Mr. EDMUNDS. All right. Mr. FERRY. I desire to ask the Senator from New York a ques- The PRESIDING OFFICER. The question is on the motion of the tion. Does he not appreciate the fact that the House bill in the case Senator from Iowa. to apply the five-minute rule to this bill. of Michigan to whicll of course the allusion now is, as that is the Mr. ALLISON. If any Senator will say he wants to speak to this pending question, is a reduction from last year's bill of 20 per cent. f bill more than five minutes, I do not desire to press the motion now. I ask him as a question of economy and in consideration of the condi- Mr. STEVENSON. I raise the point of order that this rule does tion of the times, where we are unable to complete in one harbor and not apply to the river and harbor bill. where the committee deem it impossible to appropriate to complete The PRESIDING OFFICER. It applies to all appropriation bills, harbors and are obliged to distribute the appropriations more or less, and this is certainly an appropriation bill within the meaning of the whether there is not a comprehension of the necessities of the case in order of the Senate. the reduction of 20 per cent. on last year's bill f Mr. STEVENSON. I think not; I think the Senator from Rhode Mr. KERNAN. If my friend will state facts, as against what are Island [Mr. ANTHONY] will bear me out that the rule is always made stated by the committee, to show that $10,000 is needed at Pentwater specifically to apply to the river and harbor bill, when it is desired either to preserve the work or to economically continue it, then I will to be done. vote for it; but I will vote for it upon no theory that it is a reduced Mr. CONKLING. The rule says any appropriation bill. What is percentage or anything of that kind. It is on the necessity of the this bill f An act making appropriations for the construction, re- money that I vote. If the public good demands it, I will vote for it; pair, preservation, and completion of certain public works on rivers but if we begin in the various States to say" You have got so much, and harbors, and for other purposes. and so must we," it seems to me we shall not be doing what we should Mr. ANTHONY. Does it say "any appropriation bill f" wisely do as a Senate for the various States. I want to repeat that Mr. CONKLING. It says "an appropriation bill." I am prepared to vote, no matter in what State, where the facts show Mr. ANTHONY. I was under the impression that it said "a gen- that there is more required, and let each proposition be considered eral appropriation bill;" and I know formerly we had to pass a spe- alone; but when we are giving $5,000 here and $5,000 there on no cial order for the river and harbor bill to bring it under the rule. other argument than that we ought to vote it because another State Mr. WEST. There does not seem to be any appeal from the de- baa it, I for one most respectfully say we had better not act upon that cision of the Chair; but I should like to state what is within my rec- argument. Let us look at each case alone. If there is a state of ollection, and I have no doubt within the recollection of many other thin~s requiring the House appropriation, I shall vote for it; if it Senators, that this fi-ve-minute rule has always been applied to the reqmres more I shall vote for it; but I do not want to get into the no- river and harbor bill as well as to others. I remember standing in tion that I vote something for New York because another State has this place, having that rule applied to me in debate on a very impor- got a large amount. I want to act in the light of the facts given to tant question in connection with a river and harbor bill, and by the us by the committee and by the gentlemen from the respective States, courtesy of the Senate the time was extended. · doing that which a good, prudent business man would do to preserve The PRESIDING OFFICER. The motion is not a. debatable one. the work and further the public good. Mr. CONKLING. Is there any appeal from the decision of the Mr. FERRY. One word. I want to call the attention of the Sen- Chairf ator to the fact that the report from the Engineer Department recom- The PRESIDING OFFICER. The Chair baa not heard any. Does mends $49,000 for the completion of this harbor. the Senator from Kentucky appeal 1 Mr. KERNAN. I a1luded to that, and the Senator from Iowa Mr. STEVENSON. No, sir. stated after consultation that in consequence of the condition of The PRESIDING OFFICER. The question is on the motion of the things they advised that we appropriate the whole or none, and he Senator from Iowa. says " appropriate none because they can get along this year." The motion was agreed to; there being, on a division-ayes 31, Mr. FERRY. I do not know on what theory or basis the Engineer noes 9. Department has settled a judgment. I only give you fact against Mr. W.ALLACE. Mr. President, it is very certain that we are theory. Take the harbor where I reside. The Engineer Department brought to one of three propositions upon the pending amendment: have recommended appropriations for it year after year, and it is only either we must adopt the theory of the committee that money should this year that they recommended $51,000. They recommended 200,- be appropriated for great national objects, for the development; of 000 for building a north pier. What was the action of Congress T important harbors and the continuance of work that is vital and They appropriated, I believe, only $50,000, and they added to that essential, or adopt the theory of the Houae bill, which gives small 1876. CONGRESSIONAL RECORD-SENATE. 4543 amounts to national works and distributes small amounts to very Mr. WINDOM. I hope the bill will not be recommitted. I think many new works on small rivers, or we must adopt both theories and it will be disposed of much more promptly if the Senate continues increase this bill by the amount of a million dollars. For my part, with its present consid&ration. and speaking for the people of the State I represent, I cannot consent Mr. WITHERS. I will not insist on the motion to recommit if the to agree that the proportions of this bill as it came from the House chairman of the committee is opposed to it; but I thought it would are to be swollen. It contained $5,800,000 then and it contains about lead to a more fair, equitable, just, and symmetrical bill to recommit that amount of money now. Beyond this amount I shall be unwill- it rather than to thrust each individual amendment to the contin- ing to vote. I am then brought to the settlement of this question in gency of an active or eloquent advocate on the floor, or the absence my own mind as between the theory of the committee and the theory of some person whose special interest it might be to guard that ap- of the House bill; and it seems to me that there can be but one de- propriation. It seems in the way we are proceeding we might modify cision reached as between these two propositions: the one is the con- any amendment of the committee or deny appropriations to subjects tinuance of works that are vital and essential to the whole commerce of great merit, and permit others to be stricken out, simply because of the country, the improvement of the great national arteries, those they had an eloquent and earnest advocate on the floor. great streams that are boundaries between States; the other is the Mr. WINDOM. The committee have exercised their best judgment appropriation of money to small streams and new work. It does seem on the bill, but the Senate does not seem to concur in it. It seems to me that the Senate cannot hesitate in its choice as between these to me the best way is to take the sense of the Senate. I think that two propositions and that it ought to sustain the theory of the com- is the quickest way to get through with it. I have no other objection mittee. If this amendment be voted down, the Senate is at sea, and to the proposition. combinations and anti-combinations will be made in the Senate and The PRESIDING OFFICER. Does the Senator from Virginia in- the propositions of the bill will necessarily and inevitably be swollen. sist on his motion f Mr. COCKRELL. I desire to ask the Senator from Pennsylvania Mr. WITHERS. No, sir; I withdraw it. one question. If the theory of the committee be adopted that all The PRESIDING OFFICER. The motion to recommit is with- appropriations must be made for works already commenced, when drawn. The next amendment will be stated. · will those works be completed in order that other works of equal ne- The next amendm6nt of the Committee on Appropriations was in cessity may have an opportunity f As I understand, there are some line 55, to increase the appropriation for the improvement of the har- works for which appropriations have been made for the last fifty bor at Green Bay, Wisconsin, from $8,000 to 12,000. years consecutively. Now, the theory of the committee, I ·under- Mr. STEVENSON. I should like to ask the Senator in charge of stand, is to confine appropriations to that class of works and cut off the bill why that is done. I see other items are stricken out that I new works! think are more important than that. Mr. WALLACE. "Order is Heaven's first law." We mnst take Mr. ALLISON. Green Bay is a very important harbor, I would them in their order, the order of their necessity, the order of their state to the Senator from Kentucky. The engineer in charge states indispensable necessity to the commerce of the country; and I shall that the sum of $12,000 is the lowest sum that he can carry on the always vote for that which my jud~ent tells me is the most neces- necessary improvements for at this place. Therefore the committee sary to conduct the commerce of this great country. I will not vote give him the amount requested in his revised estimates. I cannot, for a new appropriation to a small river when I know that one of the just at this moment, say exactly how this 12,000 is to be expended. great ports of the country requires an appropriation in order to make Major Roberts is a very faithful engineer. the harbor more safe or to protect the vessels that enter there. The PRESIDING OFFICER put the question on the amendment, Mr. FERRY. I should llke to call the attention of the Senator and declared that the noes appeared to prevail. from Pennsylvania because he is of the committee. If the bill had Mr. ALLISON. I dislike to annoy the Senate, but I must ask for been reduced a million of money I could see the force of what has the yeas and nays on this amendment. been said by the Senator from Pennsylvania, but inasmuch as the Mr. MORRILL. I suggest to the Senator to take a division. bill has been incr64sed, as stated by the Senator in charge of it in his Mr. ALLISON. I will try a division first. opening remarks, some $36,000, I cannot underst~nd how this distri- Mr. EDMUNDS. Take the yeaa and nays. I like this record. bution can be done for the best interests of the country. Take an Mr. RANSOM. I think the Senate voted under a misapprehension. illustration, (and it is always best to illnstrate upon home matters:) I think the amendment will carry on a division. For Sault Ste. Marie more is required than 200,000. That, in the The PRESIDING OFFICER. Is the call for the yeas and nays in- public judgment, is a question of national importance. Yet the com- sisted upon f mittee do not decide to increase that, but in the State of ·Michigan, Mr. CONKLING. Let us have the yea-s and nays. which is the case now pending, instead of increasing on those large Mr. ALLISON. Very well. works, the appropriation for the State is decreased. I know those The yeas and nays were ordered. items are not touched as they came from the House, but they are not Mr. HOWE. I do not know but that I ought to eay a word about increased, and yet they are of national importance, it is said. this amendment, though I do not care to say more than that. There The bill is increased but $36,000. It is not d.i.m.il;tished. If it was is a cut across a point which has formed in front of the entrance to Fox cut down one-half, then some places must be left out; but it is more River, and to straighten the entrance to the river the engineers have like a redistribution. Now, with that view in changing the ~ggregate, heretofore cut a channel acroBB that point and have protected it by ought we not to keep in mind these places which the Government breakwaters at each end. The engineers want to finish the dredging of has already taken in hand! this channel. They say it will cost $12,000. The bill appropriated $8,000. The PRESIDING OFFICER. The question is on the amendment Here is a proposition to give them what they want to complete the striking out lines 46, 47, 48, and 49. work. If it is the opinion of the Senate that there is economy in ap- The question being put, there were on a division-ayes 19, noes 21. propriating $8,000 this year and $4,000 the next, and leaving the com- Mr. ALLISON. I ask for the yeas and nays. merce which enters that river to another year to have an entrance The yeas and nays were ordered ; and being taken, resulted-yeas provided for it, I shall acquiesce in that judgment, but I should think 20, nays 22 ; as follows : it rather a poor sort of economy. YEA&-Messrs . .A.llison, Booth, Conkling, Davis, Dawes, Eaton, Edmunds, Howe, Mr. THURMAN. Do I understand the Senator to say it is needed Kernan, McCreery, Morrill. Oglesby, Robertson, Thurman, Wadleigh, Wallace, to complete the work f West, Windom, Withers, ani!. Wright-20. Mr. HOWE. It is, I understand. NAYS-Messrs. Bogy, Caperton, Christia.ncy, Cockrell, Cooper, Dennis, Ferry, Mr. THURMAN. Has the Senator any objection then to inserting Frelinghnysen, Gordon!. Ha.riillton, Ingalls, Jones of Florida, Key, Maxey, Merri- man, Mitchell, Norwoou, Paddock, Ransom, Spencer, Stevenson, and Wh~22. before the word " improvement" the words "completion of f" Then ABSENT-Messrs. Alcorn, Anthony, Barnum, Bayard, Boutwell, Bruce, Burn· I would very cheerfully vote for the amendment. side, Cameron of Pennsylvania, Cameron of Wisconsin, Clayton, Conover, Cra~ Mr. HOWE. I have no sort of objection to that. Dorsey, Goldthwaite, Hamlin, Harvey, Hitchcock, Johnston, Jones of Nevada, Mr. CONKLING. That would be a perfectly harmless amendment. Kelly, Logan, McDonald, McMillan, Morton, Patterson, Randolph, Sargent, Sauls· bury, Sharon, and Sherman~. Whether they be in or not, the words will not save anything. Mr. ALLISON. I will say one word with reference to this amend- So the amendment was rejected. ment. This is principally for dredging. The idea of appropriating Mr. WITHERS. Mr. President, in view of the character of the $8,000 for dredging and preparing and placing in this harbor all the votes which have been cast on these amendments and the manifest machinery necessary to carry on dredging, seems to me to be rather purpose of the Senate to dissent from the views which have guided an absurdity. I think $12,000 is too little, but the engineer, Major the committee in the presentation of this bill, I think it would be Roberts, who has charge of this work, in his revised estimates, hav- only just to other schemes which have equal merit with many of the ing been telegraphed to by the Engineering Bureau to reduce the amendments that have been put on the bill that the bill should be estimates two-thirds, says that $12,000 is the lowest sum he can get recommitted to the committee, and that they should frame a bill em- along with. I think we ought to adopt his view. He certainly, being bodying the House items and other amendments, many of which have on the ground, has some knowledge of this subject that we cannot been sng~ested, possessing equal. merit with those incorporated in the have here in the Senate. Therefore, I think we had better take his bill. It IB clear that the Senate dissent entirely from the views of view than our own, as the difference is only $4,000. the committee; that they are not willing to restrict the appropria- The question being taken by yeas and nays, resulted-yeas 32, nays tions to the objects to which the committee deem it proper that they 10; as follows: should be restricted. I think it would be best, under all the circum- stances, to recommit the bill. I make that motion. YEAS-Messrs. Allison, Bogy, Caperton. Christiancy, Conkling, Cra~, Davis, Dawes, Dennis, Eaton,EdmnndB, Ferry, Frelinghuysen, Hamilton, Hamlin, Harvey, The PRESIDING OFFICER. The Senator from Virginia moves Howe, Ingalls, Jones of Florida, Kernan, Key, Maxey, Mitchell, Morrill, Oglesby, to recommit the bill to the Committee on Appropriations. Ransom, Robertson, Sherman, West, Windo.m, Withers, and Wriiht-32. 4544 CONGRESSIONAL RECORD-SENATE. JULY 13, NAYS-Messrs. Cockrell, Coope~ McCreery, Merrimon, Norwood, Paddock, that the engineer does not estimate what he thinks is necessary, but Saulsbury, Spencer, Stevenson, and ·.t:hnrman-10. he estimates by a.n arbitrary rule furnished him by the Chief of Engi- ABSENT-Messrs. Alcorn, Anthony, Barnum, .Ba.y3.!d, Bo_oth, Boutwell, Bruce, Burnside Cameron of Pennsylvania., Cameron of WISconsm, Clayton, Conover, neers and says that one-third of the given sum is so much. That is Dorsey, d<,rdthwaite, Q-Qrdon, Hitchcock, Johnston, Jone&of Nevada., Kelly, Loga?, the way this reduction is made. McDonald, .McMillan, Morton, Patterson, Randolph, Sargent, Sharon, Wadleigh, I think, therefore, in regard to these two appropriations, both of W a.Uace, and Whyte--30. which are important, especially at Cleveland, that the amount ought So the amendment was agreed to. to be left where the House put it, unless it is increased. I want to The next amendment of the Committee on Appropriations was to stand by the committee so far as I e $500,000 or $200,000 in the completion of that harbor. The only safety is to stand by the recommendations of the committee. Certainly they can. They recommend that the har~or shall be com- Mr. THURMAN. I believe a part of my fi. ve minutes remains. The pleted in three years, and in order to do thu.t they must expend large Senate has not set a very good example of staniling by the committee sums each year. That is true. If we had the 14,000,000 to appro- so far as taking its reductions is concerned; that is to say,theyhave priate! estimated for by the Engineering Bureau, we could give Cleve- not stood by it at all. land $200,000 as the estimate provides for in our Book of Estimates. Mr. WEST. That was not by my vote. Mr. THURMAN. But yon cut it down more than two-thirds. Mr. THURMAN. The Senator asks us to stand by the action of the Mr. ALLISON. Whyf committee in regard to the engineer's report, and t-ells ns that the Mr. THURMAN. You cut it down three-fonrths. engineer says he can get along with 25,000. I dare say he can get .Mr. ALLISON. We cut it down because the E\ngineer says 50,000 along with $10,000 or with $500. there will do. If we should make a sliding scale cutting below the Mr. WEST. Is it not the time to get along with as little as we can f knee and going up on all these appropriations we could come up to Mr. THURMAN. Undoubtedly it is the time to get along with as this method; but we do not do that. We follow the Engineering little as we can; but that mere getting along does not overthrow the Bureau, and therefore we have fixed $50,000. We do not seem to have estimate which was sent in first, and which is far above the amount hu.d much success with our amendments. I leave it to the judgment which is in the bill. This response of his to the letter to know the of the Senate. very least amount he could get along with, is not the estimate of the M.r. WEST. As a member of the committee, I wish to say merely Department as to wh:1>t really is needed for the improvement. That one word in support of the amendment. After the estimates from is a;u I have to su.y upon this particular amendment. When the the various Executive Departments were submitted, upon the sound- amendment is reached in rtn, Cockrell, Conover, Cra~, Dorsey, Goldthwaite, Hamlin, Hitchcock, In~all:!, Johnston, Jones of Nevada, .K.elly, Logan, .McDonald, reform, I must confess I do not understand it. McMillan, Morton, Paudock, Patterson, Randolph, Sargent, Sanli!bury, Sharon, .M.r. THURMAN. What engineer has said what the Senator has Wallace, and Windom-30. just readT So the amendment was rejected. Mr. WEST. C. E. Blunt, lieutenant-colonel of engineers, in a let- The next amendment of the Committ-ee on Appropri.'l.tions was in ter dated" United States Engineer Office, Buffalo, New York, Febru- line 73, to reduce the appropriu.tion "for q, breakwater at Clev-elu.nd ary 25, 1i:l76," addresed to Brigadier-General Humphreys: Harbor, Ohio," from $75,000 to $50,000. Cleveland can, I think, get along very well with the $50,000 which I estimate, the .Mr. THURMAN. I ask, and I do it from a sense of duty, that the same as last year. Senate disagree to that amendment. The Engineer Department esti- Mr. THURMAN. Then what did they mean by estimating fo.r mated the appropriation needed for the continuance of that work at $200,000? 200,000. Mr. SH~RMAN. They estimated for $500,000. .Mr. SHERMAN. They estimated it at $fi00,000 in their printed re- :Mr. WE~T. I have explained that over and over again. They port here. They say that amount is necessary to go forward with the a-sked for $14,000,000, and we propose to give them but five million work. and a half. Here is a.n instance in which you propose to give them Mr. THURMAN. The House cut it down to $75,000 and now our more than they ask absolutely. I do not understand the logic of committee has cut it down to $~,000. I beg the Senate to remem- such a proposition. ber that Cleveland is the largest city, except Chicago, on the lakes; Mr. SHERMAN. I have here a printed report signed ''C. E. Blunt that its commerce is equal to that of any city on the lo.kes; that lieutenta.nt-colonel of engineers," who, I think, is the same officer there are largb lines of internal improvement, rajlrov.ds and canals, who wrote the letter from which the Senator has just read. It is a tbat terminate at Cleveland; and that this work, which ought to statement submitted to us, giving the details of the commerce of have been commenced many years ago, and which really wa-s com- Cleveland and describing the work that is going on there, the nature menced too late, is :1 great and urgent public necessity. There is not of the work, and the importance of it. The terms are as strong as a member of the Honse or a member of the Senate who has been at Cleveland who baa paid the least attention to this subject who it is possible for human languu.ge to express. I find among other items that he states that the commerce of Cleveland to be 1,978,115 does not know the necessity for this improvement; and to cut down tonnage. He also says: the appropriation to the poor sum of $50,000 is really to do very great injustice to that port and to those who transact their business -with Amount required for completion of project., $1,750,000. Amount that can be profitably expended during the next :fiscal year, $500,000. i t . The truth of it is, I do not quite understand how this bill is framed. The House made appropriu.tions for several ports in Ohio, This is signed by this same Colonel Blunt. I hope Senators will re- not large but smu.ll, reasonable appropriation . The House, on page member these facts which have been submitted to us. From the an- 16, appropriated for the harbor of Ashtabula 10,000; for the harbor nual estimates referred to by my colleague it appears tha~ they found of Port Clinton 5,000; for Fairport Harbor ,000. Our committee that $500,000 was a larger sum than it was necessary for them to call have strieken them all out. They have reduced Sandush.7 $5,000 and for, but they said that amount might be profitably expended and Cleveland$2S,OOO, and have left but one appropriation that concerns urged the necessity of appropriating one-third of the whole nmouut. Ohio in the whole bill untouched, the appropriation for Toledo, and However, General Humphreys, in submitting the annual estimate to IV-285 4546 CONGRESSIONAL RECORD-SENATE. JULY 13, Congress, submitted the amount as necessary to be appropriated for The bill appropriates the sum of $200,000, or so much thereof as may this Cleveland project at $~00,000, thus reducing Colonel Blunt's be necessary, for the construction of such military posts or depots at :propo ition to$200,000. But as the House of Represent.atives called such points as may be selected by the Secretary of War. on General Humphreys to reduce the aggregate from $15,000,000 The bill wa~ reported to the Senate without amendment. down to $5,000,000 or $6,000,000-;Dr to about one-third, then Colonel Mr. WINDOM. Unless it be desired, I will not ask to have the Blunt being called on by General Humphreys to reduce hia esti- letters read. I suppose every Senator understands the purpose of the mates sends in these sums, and he puts it at even less than one- bill. third of the amount that bad been estimated by General Humphreys, :Mr. SHERliAN. Let the letters be printed in the RECORD. and one-tenth of the amount that he said ought to be expended at Several SENATORS. Let us hear the let.ters read. this harbor. Senators say that the report of Colonel Blunt has rec- The Secretary read 'as follows : ommended only the appropriation of $50,000. Colonel Blunt Rays they WAR DEPARTMENT, can get along with $50,000, and so they would rather have $i}O,OOO Washington Oity, July 13, 1876. than nothing at all. For my part I am perfectly willing to lay this dated Sm: I have the honor to lnTiteyonrattention to the inclosed copies of telegrams, the 7th and 12th instant, frOm Lieutenant,General Sheriilim, asking an appro· bill on the table as a matter of public policy, if we are in such a con- pria.tion of $200,000, for the establishment of two military posts on the Yellow- dition of affairs that the House of Representatives think they can re- stone. sort to revolutionary expedients in order to promote economy. If Concnning in the views of Gener&l Sbericlan, I have respectfully to request that that is the case let us lay this bill on the table at once. I would not with House bill No. 2118, which passed the Honse yesterday, be reported to the Senat~, the favorable recommendation of your committee, at the earliest practicable he itate in doing it, because we can suspend all the operations and date. can get along without any of this money if it is a. matter of necessity Very respectfully, your obedient servant, to do so; but we are now acting upon the idea that we are to appro- J. D. CAMERON, priate whatisnecessaryfor the Cleveland Harbor, taking a reasonable Secretary of War. yiQw of it, and we are justified in doing that. There is nothing in the [Telegram.] condition of our country or the state of its finances that should make Cnx:AGO, ILLINOis, July 12, 1876. us do anything in an extraordinary way. We ought not to appropri- To General W. T. SHERMA...'I, Wa~hington, D. 0.: ate much money. We ought to make our appropriations as low a.s Do not neglect to urge the a'Prropria.tion for the two llOSUl on the Yellowstone- possible. one at or about the mouth of Tongue River, the other in the Big Horn Valley. Mr. WEST. Except simply for Sandusky! Our snmmer'11 wor~ with all its hardships and losses may he of no avail if these posts are not established. If we coulcl only get one, namely, that at or about the Mr. SHERMAN. I am willing to have an equal rule of reEluction; the mouth of Tongue River, it would be of incalculable nlne. but the Senate will not apply evenly the rule of appropriating one- P. H. S'HERID.A.N, third of the estimates first made. The board of engineers efltimated Lieutenant-General. $~00,000. One-third of $200,000 is not 50,000. You reduce the amount Extract copy telegram dated more tbau by the rule which you apply to other cases. PHILADELPHIA, PxtrnSYLVANIA, .J'Uly 7, 1876. Mr. WEST. There is no necessity for it when the engineer says To General W. T. SHERMAJ.~, Washington., D. 0. : he can get along with $50,000. Your dispatch received. I thiuk it premature to think of asking for volunteer .M:r. SHERMAN. The engineer simply says he can get along with cavalry, with the attendant expense. * * • $50,000. He said in regard to Buffalo that he could got along with If Congress will give the t . :oo,ooo whi ch I have asked for for the past two years $8<>,000, but you have given him $100,000 there; and you have given for t.he establishing of the po>enson, and Thurm::m- 26. 2, 1007 ,' and for other purposes," approved J nne 22, Ul7 4, agreed to the .A.BSE.NT-Mess":S . .Alcorn, Barnum, .Booth, Bruce, Burnside, Cameron of Penn- 8ylvania, Clayton, Cragjn, Dorsey, Edmunds, Goldthwaite, Harvey, Johnston, Jones conference asked by tile Senate on the disagreeing vote8 of the two 0 f Nevada, Kelly, :bo~an, Mernmon. Morton, Paddock, Patterson, Randolph, Sar· Houses thereon, and hn.d appointed Mr. WILLIAM P. LYNDE of Wis- gent, Saulsbury, Sharon, and Wa.dleigh-25. consin, Mr. Scorr LORD of New York, and 1\lr. WILLIAM: P. FRYE of So the amendment waa rejected. Maine, managers at the conferenco on its part. · The message also announced that the House had concurred in the MILITARY POSTS ON THE YELLOWSTO'NE Alt.TJ> MUSCLESHELL RIVERS. report of the committee of conference on the_disagreeing votes of the two Houses on the joint resolution (H. R. No.109) for the issue of Mr. WINDOM. I ask the Senator from Iowa. to yield to me that I silver coin. may call up a. bill on the President's table, to which I think there RIVER AND HARBOR BILL. will be no objection. Mr. ALLISON. Very well. The Senate, as in Committee of the Whole, resumed the com~idera­ The bill (H. R. No. 2118) to provide for the construction of military tion of the bill (H. R. No. 3022) making appropriations for the con- posts ou the Yellowstone and .Muscleshell Rivers was read twice by struction, repair, preservation, and completion of certain public works its title. on rivers and harbors, and for other purposes. :Mr. 'WINDOl\I. I am instructed by the Committee on Appropria- The next amendment of the Comruitt.ee on Appropriations was to tions to recommend the passage of the bill. It has not been referred strike out lines 76, 77, and 78, in the following words: to the committee, but the committee ha~ examined it, and I have For the improvement of the harbor at New Haven, Connecticut, by constructing in my hand three brief letters from the War Department which I will a breakwater, $10,000. ask to have read. Mr. EATON. I desire to inquire of the Senator in charge of the The PRESIDING OFFICER. The question is on the motion to take bill-I do not a.sk any favors for my State but such as are entirely up the bilL proper and just-why this $10,000 is cut out f I want to be treated The motion was agreed to ; and the Senate, a~ jn Committee of the as others are. 'Vhole, proceeded to consider the bill. Mr. ALLISON. I will say to the Senator from Connecticut that The preamble recites that Lieutenant-General Philip H. Sheridan this breakwater has been estimated for by the Bureau of Engineers :md Brigadier-General 41fred Jl. Terry have, in their reports to the at a cost I think of a million dollars. Secretary of War for the lear 1875, set forth the great importance Mr. EATON. Four hundred thousand dollars. aud immediate necessity o tb.e construction of military posts at cer- Mr. ALLISON. It is a very large sum at any rate. Perhaps tho tain points on the Yellowstone and Mu.s cleshell Rivers, in the Terri- Senator is right as a matter of fact. Ten thousand dollars would go tory of Montana, and iiJ. the Military Department of Dakota, and such but a very short clistance in buiLding the breakwater, and therefore recommendations have been transmitted to .Congress with the ap- the committee thought they would omit it entirely this year, and Jet proval of t~e ~epr~t;~.r1 of W. ~r. ' · ' · ' ' ·· the breakwater be commenced next year. I may say in addition that 1876. CONGRESSIONAL RECORD-SENATE. 4547 we gathered from the Engineer Office that the improvement at Say- between Hartford and Springfield, but somehow or other our Connec- brook Bar waa a. very important work and very necessary to the com- ticut friends were always too smart for me, and ha.ve got it expended merce of the entire Connecticut River, and therefore we increased down below Hartford. Now, I see they have taken care to put these the appropriation from $20,000 to $50,000 in the next item. words ''below Hartford" into the bill, so that I shall be relieved from Mr. EATON. The work on the breakwater has not been com- all trouble or effort in getting any portion of this expenditure above menced, the Senator says. Hartford. There is a portion of tho river above Hartford and below Mr. ALLISON. Yes. Springfield that· is capable of great improvement; but I never could Mr. EATON. I think the estimate is less than $400,000. get a do1lar expended on it~, although $40,000 was appropriated for :Mr. ALLISON. The epgineer say&; that purpose one year, and ~20,000 another. It all floated off down For the most eoonomical construction of the breakwater a period of four years below Hartford, and I congratn.late my friend from Connecticut on would be required, and should Congress see fit to direct the constrnction of the these words in this paragraph. I observed them as soon as my eye breakwater, the sum of $150,000 could be profitably expended durin~ the next fiscal fell on the bill. year. Mr. ALLISON. These wordawerefoundin the billaa it came from The committee thought it was hardly worth while to commence on the House. $10,000 so great an undertaking as the construction of a breakwater. .Mr. DA.\VES. Yes, sir. Mr. EATON. I am very much inclined to think that the commit- Mr. EATON. What is the quel'ltion befoce the Senate f tee are entirely right, although the item is for my State, and I feel an The PRESIDING OFFICER. The amendment to strike out the especial interest in public works in my own State aa well as other lines S'2 and 83, as to ·Milford Harbor. States. I think it is a bad time to commence new works. There is .Mr. EATON: My honorable friend from Massachusetts was speak- one work in my State that was in process of construction, a very im- ing about the Connecticut River above Hartford and this amendment portant work, upon which $25,000 was expended, and by some neg- is as to the harbor of Milford. lect, perhaps owing to the death of ~· Starkweather, it has failed to The amendment was agreed to. be included in this bill. I shall at the proper time move an amend- The next amendment of the Committee on Appropriations was to ment that a certain amount of money be appropriated for that work. strike out lines 84 and 85, in the following words: The PRESIDING OFFICER. The question is on the amendment For the improvement of the Hollilaronic River, Connecticut, 15,000. to strike out lines 7fl, 77, and 78. The amendment·waa agreed to. The amendment was agreed to. The next amendment of the Committee on Appropriations was in The next amendment was to strike out lines 88 and 89, in the fol- line c;o, after "Hartford," to insert" including Saybrook Bar," and to lowing words: . strike out "$20,000" and insert "$50,000 ;" so as to make the clause For the improvement of Taunwn lUver, MassachUllett8, $5,000. read: Mr. DAWES. I have been sustaining the committee all along as For the improvement of Connecticut River below Hartford, including Saybrook far as I coulu conscientioUBly, but I am inclined to believe that the :Bar, Connecticut, $50,000. committee have proposed four or five amendments here all in succes- The amendment was agreed to. sion striking out items on the Atlantic coast for the want of informa- The neYt amendment was to strike out lines 82 and 83, in the fol- tion in respect to the condition of the improvements there and in re- lowing words: spect to the importance of the improvements. I think if they under- For the improvement of the harbor a.t :Milford, Connecticut~ $5,000. stood them, carrying out their own principle they would not have Mr. EATON. I want to ask the Senator in charge of the bi11, be- applied it to these cases. Take this at Taunton River. Taunton cause I wish to be satisfied of the reasonableness of this action of the River is a very short river and is substantiaUy a ha.r bor of the coast, committee, the reason why this item is struck out. It has been sup- bnt in order t~~make it of the slightest value the river has to be deep- posed to be necessary in years past to make appropriations fop this ened a few miles up to the wharf. It was estimated tbat it wonlu harbor. Why is it not necessary now7 .cost $10,000 to complete that improvement so as to make it of the Mr. ALLISON. I believe at this harbor they have adopted a. sys- slightestvalue. Fivothonsa.nddollars was expendedlaat year, soex- tem of small jetties for the improvement of the harbor, and the En- pended as to deepen it np half way. Five thousand dollars more will gineer Department recommends a small breakwater het;e at a cost of complete the improvement up to the wharf, so that that which was $55,000. The same argument applies to a breakwater costing $55,000 done last year will be of some avail. Without the expenditure of that applied to the breakwater at New Haven. We thought $5,000 the 5,000 additional, that will be of no avail. There is a large com- too small a sum. It might be that $5,000 could be used for some other merce entering Taunton River, coal from New York and Ehiladelphia, purpose. and a large amount of commerce for that section of t.he conntry. Mr. EATON. Is the honorable Senator certain that there is such a There has been a good deal of shipping built with reference to this ·recommendation f improvement. All of it will fail and be of no nse unless this $5,000, Mr. ALLISON. I have before me the report : which will complete the work, is appropriated now. I think, there- fore, that it is a departure from the principles established by the com- The general interests of commerce require frequent harbors of refuge along Long mittee, and there is something like that to be said about the other Island Sound, and, as one such, Milf01·d Harbor possesses many natural advan- tages ; it is so nearly land-locked that a breakwater of moderate dimensions would items which I will say when they are reached. cover a large anchorage-ground for the $llass of coasting-vc scls which constitute I agree with the committee that it is useless to make a small ap- the prmcipal srupping in the sound; it has good holding-ground, and lies near the propriation that will not complete the work but will leave it incom- channel most frequented by such ves11els. plete and in a condition not to be of any practical uso; but where it Then he goes on to estimate $G5,000 for this purpose, and that is the can be completed, if it is of importance enough to begin, I think it only estimate. is of .importance enongh to finish. These items are for the Atlantic Mr. MORRILL. Mr. President, I noticed the Senator from Connect- coast. I think if all the items for the Atlantic coa.~t were gathered icut did not ask the Senator in charge of the bill the reason of together on one page, it won1cl be a pretty bad page, as ba(l as Mich- the increa e on line 80, where the snm proposed by the committee is igan. I appeal to t.he Senator from Iowa if he is not conscious of hav- $:30,000 more than was proposed by the House. The Senator from ing ma-de a mistake here. Connecticut did not seem to have his attention attracted to that :Mr. ALLISON. In reply to the Senator from Massachusetts I would amendment. say t.hat we received from the proper Department a telegram aom Mr. EATON. The Senator from Vermont will favor us I suppose General Warren, npon a. request for a reply with reference to these. with his views of the matter. He did not hear what the Senator from reductions, and General Warren stated that if he was reduced to one- Iowa said as to the reason for that amendment. It was that very third, all should be left out except Block Island and Saybrook Bar. I much more money ought to be expended upon the mouth of the Con- mention Block Island for the benefit of my friend from Rhode Island. E.ecticnt River, and nobody knows better than my honorable friend The committee adopted the suggestion of General Warren, that, if from Vermont the great importance of the commerce of that river. ruled down to one-third, these two projects, one at Block Island and It was sufficiently explained to me, and I took the $30,000 from the one at Saybrook Bar, were so important that all the others could be eommittee and the Senate very kindly pa.ssed it, just as I did not ask left out. the striking out of this $10,000. In reference to the Taunton River, I know that the engineer's el'!ti- Mr. FERRY. I have noticed that the Senator from Connecticut mates are that $5,000 will complete it. has been very logical on all these amendments. He has sustained the :Mr. DAWES. If 5,000 will complete the work, it is hardly worth committee, and necessarily he should snstain this amendment. I had while to withhold it, for it is an important work. the pleasure of voting with him for the increase in line 80, because The PRESIDING OFFICER. The question is 011 the amendment my theory is that money thns expended is well expended; and when- striking out the item in lines 88 and 89. ever a Senator gives good reasons why an appropriation should be The question being put, there were on a division-ayes 23, noesll; made for a locality, I feel in duty bound to stand by him. I thought no quorum voting. I could not resist the opportunity of suggesting tc. the Senator that Mr. DAWES. I call for the yeas and nays. he is really lorrical in susta:ining the committee. The yeas and nays were not ordered. Mr. DAWES. I am constrained to make an inquiry of the commit- Mr. PADDOCK. I should like to inquire if there has bQen before tee why these words "below Hartford" are in this appropriation' this an appropriation upon the pretension that that appropriation Mr. EATON. That has passed. would complete the work t So many appropriations are made wirh Mr. DAWES. I was inquiring of the committee. For several years that pretension, that that particular appropriation will complete the there was an appropriation made for tho Connecticut River. I sup- work, that I make the inquiry in this cas~. · posed, because I got it into the hill, that it was going to lJ~ ~x:penu.eq. Mr. DAWES. I never heard so in this case. The whole estimate, 4548 CONGRESSIONAL RECORD-SENATE. JULY 13, as I understand it, was that it would take $10,000 to do the whole whether or not this bill shall be kept dewn within reasonable bounds, work. Five thousand dollars of that, with that unde:rstanding, was and only such appropriations made a.a are absolutely essential, or appropriated last year, and $5,000 was proposed for the completion of whether we shall enlarge-it beyond the limit proposed by the com- it this year-$10,000 in all. It never has been eked out by any pre- mit.t ee. ten e of the kind suggested. The amendment was rejected. Mr. PAD DOCK. No lingering, long-drawn-out appropriation for The next amendment of the Committee on Appropriations was to completion t strike out lines 92 and 93, in the following words : :Mr. DAWES. No; there is not any" linked sweetness" about it. For the imp~vement of the harbor at New Bedford, Massachusetts, •10,000. I should like to have the vote taken over again on this amendment. I do not want the yeas and nays unless they are necessary. I think Mr. PAD DOCK. I should like to hear some explanation of that. if the Senate' really understand the matter they will not refuse this Mr. DAWES. New Bedford is one of the most important harbors on the Atlantic coast. The tonnage at New Bedford is among the $5,000. largest on the Atlantic coast, excepting, of course, New York. It has The PRESIDING OFFICE.R. The Chair will submit the question again on this amendment. had this improvement in its harbor estimated for to cost $25,000, of .Mr. BOUTWELL. I think we had better have the yeas and nays. which $10,000 was expended last year. Owing to the reduction of The yeas and nays were ordered; and being taken, resulted-yeas the cost of materials, it is now est.i mated that 10,000, instead of 21, nays 23; as follows: $15,000, will complete that work. The work itself until completed is of no nse. It is an important improvement to one of the most im- YEAS-Messrs. Allison, Booth, Cockrell, Conkling, Davis, Eaton, Hitchcock, port::m t harbors upon the Atlantic coast, and it is precisely like the Howe, Kernan, McCreery, McDonald, Morrill, Norwood, Oglesby, .Robertson,Wal- lace, West, Whyte, Windom, Withers, and Wright-21. first one which I have spoken of. There has been just that much NAYS-Messrs. Anthony, B~. Boutwell, Bruce, Christianoy, Cooper, Cragin, expended last year upon a ~eneral estimate of $25,000. The re-esti- Dawes, Dennis, Ferry, Frelinghuysen, Hamilton, Hamlin, Ingalls, Key, McMillan, mate this year is that 10,000, instead of 15,000, will complete what :Maxey, MeiTimon, Mitchell, Patterson, Ransom, Spencer, and Stevenson-Zl. ABSENT-Messrs. Alcorn, Barnum, Bayard, BnrnsidEI, Cameron of Pennsyl- it was supposed would cost 25,000. vania, Cameron of Wisconsin, Caperton, Clayton. Conover, Dorsey, Edmunds, Mr. ALLISON. At this harbor of New Bedford they 8eek to secure Goldthwaite, Gordont Harvey, Johnston, Jones of Florida, Jones of Nevada, Kelly, sixteen feet of water. The appropriation last year was used for Logan, Morton, Padaock, Randolph, Sargent, Saulsbury, Sharon, Sherman, Thur- dredging. The material is hard mud~ so called by the engineers. Of man, and Wadleigh-28. course $10,000 or $15,000 more would probably secure sixteen feet of So the amendment was rejected. water at low tide, and the result of not having this improvement Mr. EATON. I desire to give notice that I shall ask the recon- completed is that occasionally when vessels reach this harbor at low sideration of the vote of the Senate on the amendment in lines 8'2 and tide they are obli~ed to wait until high tide to float; that is, if they 83 and also in lines 84 and 85. I will not ask for a reconsideration draw more than sixteen feet of water. The committee thought this of the vote st.r iking out the item for the improvement of the harbor work might, among others of a similar character, lie over until next at New Haven, because that is a new work 1 but these two items are year. old works, and if it be necessary that the Improvement at Taunton Mr. DAWES. Here is one of the most important harbors upon River should go on they ought to be continued also. the Atlantic coast in the condition that the Senator from Iowa state.'3, The PRESIDING OFFICER. The Chair will suggest that the that can be completed and made one of the best harbors in the world, Senator can accomplish his purpose when the bill is reported to the where all the whaling-vessels of the world have in times past gone Senate. · in to discharge their ca.rgoes from all the Frozen Ocean after years of Mr. EA.TON. I propose to give notice now. advent!ITous voyages. More wealth has been brought into that har- Mr. MORRILL. The Senator from Connecticut can hardly move a bor through the adventures and the dangers and the perils of the reconsideration unless he voted with the majority. whalemen of Massachusetts fo1· the benefit of the commerce of the Mr. EA.TON. I did vote with the majority. country than into any other harbor on the Atlantic coast, excepting The PRESIDING OFFICER. The next amendment will be reported. New York. And yet 10,000 to complete that the Senator from Iowa The next amendment of the Committee on Appropriations was to bell'S the Senate to withhold. I trust they will not do so. strike out lines 90 and 91, in the following wordti : the quE>stion being put, there were on a division-ayes 10, noes 19; For the improvement of the harbor at Fall River, Massachusetts, $10,000. no quorum voting. Mr. BOUTWELL. I wish to say to the Senate generally that this bill Mr. ALLISON. Let us have the yeas and nays. contains for the Atlantic coast of :Massachusetts, I believe, $105,000, The yeas and nays were ordered; and being taken, resulted-yeas $50,000 for the completion of a work in the harbor of Boston, and six 14, nays 29; as follows: other small appropriations, one of which has been passed upon, YEAS-Messrs. Allison, Conkling, Eaton, Edmunds, Harvey, Hitchcock, Howe, Kernan, McCreery, Oglesby, Wallace, West, Whyte, aurl Windom-14. and all of them relate to works that are important, that have been NAYS-Me.qsrs. Anthony, Bogy, Boutwell, Bruce, Cameron of Wisconsin, Ca- undertaken. I believe in no case has the amount expended or the perton, Christiancy, Cooper, Cragin, Dawes, Dennis, FeiTy, Frelinghuyseu. Gordon, amount called for been in excess of the original estimate. Hamilton, Hamlin:, Ingalls, Joues of Flori(la, Key, Maxey, Mitchell, Morrill, Nor- As regards this particular amendment for Fall River, the original wood, Paddock, Patterson, IW.nsom, Spencer, and Stevenson-29. .ABSENT-Messrs.Alcorn, Barnum, Bayard, Booth, Burnside, Cameron of Penn- estimate wa-s $45,000. Twenty-five thousand dollars have been ex- sylvania, Clayton, Cockrell, Conover, Da·ds, Dorsey, Goldthwaite, Johnston, Jones pended, and the probability is, from the reports of-the engineers, that of Nevada, Kelly, Lo~an, McDonald, McMillan, Merrimon, Morton, Raudulph, r..ob- thE.\ work will be completed not only for the original snm, but for an ertson. Sargent, ~aulsbury, Sharon, Sherman, Thurman, Wadleigh, Withers, and amount somewhat less than tho original sum estimated., Fall River Wright-30. is the largest manufacturing city in this country. It obtains large So the amendment was rejected. supplies from other portions of the country for the support of its The uext amendment of the Committee on Appropriations was to large manufacturing population. strike out lines 94 and 95, in the following words: The same is true of another appropriation for the Merrimac River, For the improvement of Merrimac River, MassachlUletts, $10,000. through which supplies are furnished not only for Newburyport at the mouth of it, but for Haverhill and Lawrence and Lowell and The question being put, there were on a division-ayes 15, noes 21; Nashua, all of which are great manufacturing cities lying upon that no quorum voting. river. :Mr. EDMUNDS called for the yea-s and nays, and they were ordered; Mr. PADDOCK. I should like to inquire of the Senator from Mas- and being taken, resulted-yeas 15, nays 30; as follows: sachusetts if there was a year before this a small appropriation, or i: YEAS-Messrs. Allison, Conkling, Eaton, Edmtmds, Hamlin. Hitchcock, Howe, there have been preceding this an appropriation for the same pur- Kernan, McCreery, Morrill, Oglesby, Saulsbury, Wallace, West, and Whyte-15. NAYS-Messrs. Anthony, Bayard, Bogy, Boutwell, Br•tco, Cameron of Wiscon- poseY sin, Caperton, Christia.ncy, Conover, Cooper, Cra¢n. Da.wPs, Dennis. F erry. Fre- Mr. BOUTWELL. I suppose the Senator from Nebraska means to linghoysen. Gmdon, Hamilton, Harvey, Ingalls, Jones of Flori ria., Key, .Mc11Hllan, ask whether any of these are new works. :M~axey, M.errimon, Mitohell, Paddock, Patterson, Ransom. Spencer, and Steven- Mr. PADDOCK. Yes, sir. son-JO. . ABSENT-Messrs. Alcorn, Barnum, Booth, Burnside, Cameron of Pennsylvania, Mr. BOUTWELL. They are not. They are works undertaken and Cla::ton, Cockrell, Davis, Dorsey, Goldthwa1te, Johnston, Jones of Nevada., Kelly, in progress, and I believe two or three of them will be completed by Loga.n, McDonald, Morton, Norwood, Randolph, Robertson, Sargent, Sharon, Sher- the appropriation that is now asked for; but at any rate none of the man, Thurman, Wadleigh, Windom, Withers, and Wright-~7 works are likely to cost more than the estimate. I hope, therefore, So the amendment was rejected. the Senate will, without my troubling them with remarks on the four The next amendment of the Committee on Appropriations was to appropriations that are now immediately before us, agree to sustain strike ont lines 96 and 97, in the following words: the original bill. For the improvement of the entrance of Salem Harbor, Mas.~chusetts, $10,000. Mr. .ALLISON. I should like to say oue word with reference to this Fall River appropriation. The three harbors, Taunton, Fall River, Mr. ALLISON. I think I will make one more effort to have an and New Bedford, were all struck out on the recommendation of amendment adopted. I believe the committee has not been sustained General Warren that the money assigned to him by the Chief of En- to any great extent yet. The engineers say that this appropriation gineers should be used on Block Island and Saybrook Bar. All these is unuecessary practically; but I suppose that makes no difference. works J· ave been appropriated for heretofore. I think these two yet The engineer in charge of this work, who is a .Mr. Thorn, says: undisposed of can very well remain over until next year, although Under the appropriation of March 3, 1873, this channel was opened for a. width t.he money, as stated by the Senator from Massachusetts, can be of about one hundred feet, and under that of June 23, 1874, it bas been completed to the projected width of three hundred' feet.. To complete the sea-wall and break· properly expended. There is no question about that fact at these water, which are comparatively unimportant works, will require an additional ap· two harbors. It is a mere question for the judgment of the Senate propriation of $23,000. 1876. CONGRESSIONAL RECORD-HOUSE. 4549 Here is a harbor that is actually completed, but there is some little thereof, unless the Postmaster-General shall consider such bid or bids too high, and unimportant work that ~ht be continued at an expense of 25,000. in case each of said bids shall be consirlered too high, then the Postmaster-General shall be authorized to enter into contract, at a pnce less than that named in said Ten thousand dollars of it IS appropriated in this bill. bids, with any per on, whether a bidder or not, who will enter into contract to ptsolvedby theHoU&e of Representatives, (the Senate concurring,) That the Speaker entitled "An act making appropriations for the service of the Post- of the House of Representatives and the President of the Senate be, anrl they are Office Department for the fiscal year ending June 30, 1875, and for hereby, directed w adjourn their respective Houses sine die on the 25th ~uly, 1876 other purposes," approved June 2:3, 1874, and for other purposes, which at twelve o'clock meridian. ' has been returned from the Senate with amendments, in order that M1'. SPRINGER. I object. they may be concurred in. :Mr. PAGE. If in order, I move to amend by inserting "the 20th" There was no objection, and the amendments of the Senate were instead of "the 25th of July." read. The SPEAKER p1·o tempore. The resolution can only be referred at The first amendment waa to strik~ out the following words, from this time by unanimous consent. line 3 to line 11: " 246 and 261 of the act entit.led 'An act to revise, Mr. MAcDOUGALL. I would like to inquire if that is not a privi- consolidate, and amend the statutes relating to the Post-Office Depart- leged question f ment,' approved J nne 8, 1872, as amended by the twelfth section of Mr. SPRINGER. I have no objection to the reference of the reso- the act entitled 'An act making appropriations for the service of the lution. Let it be referred to the Committee on Appropriations. Post-Office Department for the :fiscal year ending June 30, 1875, and The SPEAKER pro tempore. That is what the gentleman from for other purpoees,' approved June 23, 1874," and to insert in lieu Pennsylvania asks. thereof "3946 and 3951 of the Revised Statutes; " so as to read: Mr. GARFIELD. The resolution ought to go to the Committee of That sections 3946and3951 of the Revised Statutes be amended fu read as follows. Ways and Means. That ha,s always been the custom with such reso- The second amendment was in line 14, to strike out after the word lutions. "section" the words" 246" and insert "3946." Mr. SPRINGER. I understand that the usage has been that reso- The third amendment was in line 33, to change "section 251 " to lutions of this kind have gone to the Committee of Wa,ysand Means. "section 3951." I agree to its going to that committee. The fourth amendment was in line 39, after the word "bidder," to The SPEAKER pro tempore. Does the gentleman from Pennsylva- insert the words " or bidders, in the order of their bids ; " and in line nia [Mr. MACKEY] object to the change of reference f 42, after the word "bid," to insert "or bids; " and in the same line, Mr. GARFIELD. I hope the gentleman will not object to that. If aft.e r the word "high," to insert" and in case each of said bids shall he does, I move that it be referred to the Committee of Ways and be considered too high, then the Postmaster-General shall be author- Means. ized to enter into contract, at a price less than that named in said Mr. COCHRANE. I call for a division on that question. bids, with any person, whether a bidder or not, who will enter into The question being taken, there were ayes 101, noes not counted. contract to perform the service in accordance with the terms and pro- So Mr. GARFIELD's motion was agreed to; and the resolution was visions prescribed for the execution of other contracts for similar serv- referred to the Committee of Ways and :Means. ice; and in case no satisfactory contract can be thus obtained, be shall Mr. GARFIELD moved to reconsider the vote by which the reso- re-ad vertise such route;" and in line 51, to strike out the words "in lution was referred to the Committee of Ways and Means; and also which case he shall re-ad vertjse such service;" so as to read : moved that the motion to reconsider be laid on the table. The latter motion was agreed to. SEc. 3951. That after any regular bidder whose bid has been accepted shall fail to enU'r into conh-act for the trar.sportation of the mails according to his proposal, CONTESTED ELECTI0:8-BU'ITS VS. MACKEY. or having entererl into contract, shall fail to commenc<~ the performance of the serv- Mr. THOMPSON. J rise to present a report from the Committee of ice t ipulated in his or their contrnct M therein provided, the Postmaster-General sLall proceetl to contract with the next lowest bidder or bidde1s, in the order of Elections. I ask that the 1·esolution may be read, and that there- thuir bids, for the same service, who will enter into a oontract for the performance port aud resolution be printed and lie on the table. 4550 CONGRESSIONAL R.ECORD-HOUSE. JULY 13, The SPEAKER pro tempore. The Clerk will report the resolution. out the word "now" and thQ second adding to it a clause depriving The Clerk read as follows: the" trade-dollar" of its legal-tender qualities. To the first amend- Resolved. That neith~r C. W. Butts nor E. W. M. Mnokey was lawfully elected ment the House non-concurred; that is, as to striking out the word to the Forty-fourth Congress from the second congres ioual district of South Car- "now." In the second amendment the_y concurred, but a.duing ~m olina, nor is either of them entitled to a. seat in said Congress. additional amendment which embraced the two first sections of the Mr. PAGE. I ask that the resolution may be again read. Randall bill, namely, prpviding for the issue of $20,000.000 a.cldition:tl The resolution was again read. subsidiary silver coin and providing a capital of $1,000,000 to carry it The motion of Mr. THOMPSON was agreed to; and the report and out. accompanying resolution were ordered to be printed and to lie on the In addition to that there was added to it as a proviso the proposi- table. tion of the gentleman from Indiana, [1\!r. LAN.I:>ERS.] I •have the ORDER OF BUSINESS. words before me and will read them : Mr. SAMPSON. I rise to a privileged question. And providtd furtlter, That the Secretary of the Treasnry is directed to authorize Mr PAYNE. I rise to present the report of a committee of con- the coinage of a standard silver dollar of the same wei~ht and fineness as that in use January 1, 1861, and that said dollar shall be a legal tender in payment of all ference. debts public or private. The SPEAKER pro tempore. The gentleman from Ohio [Mr. PAYNE] rises to present t.he report of a committee of conference, which is of To that amendment the Senate disagreed, and hence the commit- hlgher privilege than the question to which the gentlema.n from Iowa tee of conference upon the disagreeing votes. [Mr. SAMPSON] rises. Tho committee have agreed with reference to the :first amendment SILVER COIN. striking out the word "now," and in order to remove all ambi~uity of expression they have agreed to sn bstitut-e for the word "now" the Mr. PAYNE. I present the following report: words "at any time," so that the resolution will simply and dis- The Clerk read a.s follows : tinctly provide that to the extent of $10,000,000 the subsidiary silv r The committee of conference on the clisagreeing votes of the two Houses on the coin in the Treasury at anytime hereafter may be distributed through- amendments to the joint resolution (H. R. No. 109) for the issue of silver coin having out the country on the security of an eqnal amount of legal-tenuer , met, after full and free conference ha>e agreed to recommend, ancl do recommenlf, but these legal-tender notes are to be held in the Treasury until the to th"ir respective Houses, as follows: That the nonse recede from its disa.~reement to the ftrst amendment of the Sen· fractional currency coming into the Treasury shall equal the amount ate to said joint resolution, and a~ tnereto amended, as follows: of the subsidiary coin issued. To that I apprehenu there can be no In line 4 st: ike out the word "now "an·d insert "at any time." objection on th~ part of the Hun e. . As to the second proposition, so And the Senate agree to the same. much of it u.s f'mbraces the two sections of what is called the Ran- That the Senate recede from its disagreement to the amendment of the Honse to the second amendment of the Sena.te to said joint resolution, and agree to a. sub- dall bill, the committee of conference have agreed to a substitute stitute for Haid House amendment, M follows: subs•antially confirming what the House desired in regard to that .Add to the second amendment of the Senate t.he following: bill. The committee, however, insteau of providing that this in- SEc. 3. That in adilition to the amount of subsidiary silver coin authorized by law to be is11ued in redemption of the fractional currency it shall be lawful to man- crflased issue may be 20,000,000, thought it would be better to pro- ufacture at lhe several mmts and issue through the Treasury and its several offices vide that the amount of fractional currency outstanding, including such coin to an amount that, including the amount of sub:iidiary silver coin and bot.h paper and subsidiary silver coin, should at no time exceed fifty of fractional currency outstanding, shall in the aggregate not exceed at any time millions, it being believed that is the limit to which the nBce ity or f5Q,OOO,OOO. SEc. 4. That the silver bullion required for the purposes of this ad shall be pur- wants of the country will reach for the next one, two, or three years. chased, from time to time, at market 1·a.te, by the Secretary of the Treasnr,v, with They also reduce the amount of bullion capit.al, so called, from one any money in the Trea.sury not otlie•·wise appropriat{ld; but no purchAse of bullion million to two hundred thousand dollars, and that provision it is be- shall be made under this act when the mat·ket ra.to for the same shall l>~ such as lieved should be sati~factory both to the Hou e and to the Sena.to. will not admit of the coinage and issue, as herein provided, without loss to the Treasury; and anv gain or seigniorage arising from thtR coinage shall be accounted It is satisfactory to the gentleman from Pennsylva.nia, [Mr. RA...'f- for and paid mto the Treasury, as provided under existing laws relative to thesub- DALL,] who introduced the bill. sidiary coinllge: P.rovided, That the amount of money at any one time in>ested That the House may understand the precise change made in the two in sDch silver bnllion, exclusive of such resulting coin, shall not exceed $200,000. respects to which I have alluded, by the sub titution of $50,000,000 .And the House agree to the same. H. B. P AYNEt. in place of 20,000,000 as the highest limit of this additional coinage, SAMll. J. RA.i.'jDALL, and the reduction from $1,000,000 to $200,000 of the "bullion capital," Managers on the part of the House. so called, I will ask the Clerk to reau again the substitute for the JOHN. SHERMAN, Hon e aHiendment to the second amendment of the Senate. GEO. S. BOUTWELL, The Clerk read as follows : LOUI$ V. BOGY, Add to said second amendment of the Senate the following: MaMgers on the pq,rt of the Smate. SEC. 3. That, in addition to the amount of iml.lsidiary silver coin authorized by Mr. PAYNE. Jtfr. Speaker, I presume that the House understands l3w to be issued in redemption of the fractional currency, it shall be lawful to t.he questions that are involved in this report. manufacture at the several mint.s and issue through the Trea'!ury anrl its several Mr. LANDERS, of Indiana.. 111r. Speaker, I am opposed to this offices such coin to an amount that, including the amotmt of snbsiiliary silver coin and of fractional currency ontstandin,!!, shall in the ag~regate not exceed S.JO,OOO,OOO. report, and I merely want information as to the action that will be SEc. 4. That the silver bullion required for the purp ·,se of this act shall be pur- taken in regard to it. chased from time to time at market rate by t.he Secretary of the Treasury with any Mr. PAYNE. Thegent.leman fromindianaa.sks menottomovethe monoy in the Troasnry not othorwi. e appropriated; but no purcha!!e of butlion shall bo made under this act when the market rate for the same shall be such as previous question, so as to enable him to move that the House non- will not admit of the r.oina~e aud issue as herein provitled without lo. s to tho concur in the report. If I understand it the question ~ill be on con- Treasmy; ancl any cain or seignioral!e arising from this coina.ge shall be n.cconntc{\ curring, and a failure to concur would be a non-concurrence. A for and paid into the Treasury as proviued under· existin~ laws relative to the sub- motion, therefore, to non-concur is unnecessary. sidiary coinap:e: P.rovl.ded, That the amount of monoy at any one timo invested in snch silver bullion, exclusive of such resulting coin, shall not exceed $200,000. The SPEAKER pro tempore. The result in either case will be the same. 1\Ir. REAGAN. .As this report has not been printed, I desire to ask 1\lr. PAYNE. It will be remembered by the Honse that the :first a question for information. As I understn.nd it this silver is to bo resolution upon this subje.ct passed by the House was one simply for purchased by legal-temler notes, and thoso legal-tender note are to the dtstribution of the silver coin that had accumulated in the Treas- be helU a.s a separate fund until fractional notes to that amount are ury in an~icipation of the ingathering of the fractional notes, for taken up. . which, under law, silv~ coin was alone excha.ngeable. Mr. PAYNE. If there shall be $6,000,000 or 10,000,000 of increased That resolution went to the Senate, having in it the word "now." coinage of subsidiary silve1·, the bullion for that purpose is to be pur- That appeared to confine the application of it to so much so bsidiary chased by the use of this $:l00,000, and the coinage of that bullion silver coin as was at that time in the Treasm·y. The Senatf'o amended and the seigniorage to be covered into the 'freasury will have no con- that -by striking out the word "now." That was the first amend- nection whatever with the fractional notes or with the legaJ-.t ender ment. notes. . It will also be remembered that in the mean time, on the recom- In this connection I wish to state a. fact of some interest to the mendation of the Committee on Banking and Currency, the House House. The Senate had contendeu in their discussions, and had vir- had passed what is known as the Randall bill, a bill which provided that tually decided, that they would not petmit any increase of this sub- an addttional amount of subsidiary silver coin should be manufact- sidiary silver coinage unless for every do11ar of such increased coin- ured at the mints-I mean in addition to what the previous law age put in circulation a. dollar of legal-tender notes was surreudered authorized, which wa.slimited bv the amount of fractional currency and canceled. But the Senate have not insisted upon that before the outstanding-to the amount of $20,000,000, and providing a. bullion committee of conference, a.ncl have yielded. There is therefore no capital, so to term it, of $1,000,1')00, the use of which was supposed to connection whatever between tho subsidiary silver coinage and the be necessnry in order to carry out this additional coinage. legal-tender notes. If there should be six millions, or eight millionA, There wa.s a third section to that bill which provided that the ''trade- or ten millions of dollars of increaMed silver coinage issued under this dollar,' so called, which under the present law is a legal tender to the law, there will be no corresponding reduction of legal-tenuer notes amount of $5, should be deprived of its legal-tender quality. That in consequence of that issue. That point was yielded by the Senate, was the third section of what is known as the Randall bilL and most gladly accepted by tho confereE's on the part of the House. The Senate amended this specie-distribution resolution by adding I apprehend there will be no difficulty on the part of t.he Hon e in a section to thls clause in regard to t.he "trade-dollar" depriving it yielding a ready assent to these amendments. In regard to the other of it legal-tender quality, and then t.he original resolution was ore- provi!;ion, relating to tlle silver dollar, we wereuuable to agree, except turned to the House with those two amendments, the :first striking that a majority of the conferees on the part of the House and aJ\ the 1876:- CONGRESSIONAL RECORD-HOUSE. 4551 conferees on the part of the Senate a.greed to drop from this bill all features of this provision, which contemplates a reduction of 20 per that related to the silver dollar. I will explain in a very few\vords so cent. in the currency with which debts may be discharged. It reduces that it may be understood. the tariff' 20 per cent. the very moment it is enacted into a law. That It will be remembered bv the House that earlv in the session a bill may or may not be desirable; but it will occur to every one that this wa.s passed which recognized the old silver dollar of 1861, as a legal is a question to be considered, to be deliberated upon, to be discussed. tender to the ~ount of fifty dollars. That bill was amended in the I venture to say that no member of this House or the Senate is to- Senate by reducing the amount for which it should be a legttl tender day prepared to decide in this provisional, imperfect, and inconsider- to 20. It has since transpired that it is exceedingly doubtful ate manner tha.t this policy, to be attended with such important, vast, whether a measure c'ln be pa sed through the Senate that will rec- and vital results throughout the whole extent of the country, shall ognize this old silver dollar ns a legal tender for more than $5. It be adopted without reflection and without discussion. is an ascertained fact that no bill can pass the Senate that will rec- There is another consideration that ought not to be overlooked. ognize it as a legal tender beyond $20. We were therefore met Why bas this silver dollar been out of circulation since 1834 f Simply in conference with this stubborn fact: that if any provision was to bec::mse the gold dollar was rel:.ttively cheaper than the silver dollar, be made in regard to the remonetizing, so to speak, of the old silver and for no other reason in the world. It ha~ not been coined, it has dollar, the amount for which it woultl be received as a legal tender not been kept in circulation since 1!:!34, simply and solely for the rea- must be reduced at least to $20, and probably to $5. son that the gold dollar, being equally a legal tender, was cheaper Now, the proposition introduced by the distinguished gentleman than the silver dollar; and the cheaper currency always displaces the from Indiana, [Mr. LANDERS,] who feels himself unn,ble to agree to dearer. Now it will follow that if you adopt as a legal currency a the action of the committee of conference, was in its general terms silver dollar worth but eight.y cents, aa compared with the gold dol- ill-advised as a measure upon so important a subject. I trust the lar, yon will drive gold out of circulation. Within six months after House will bear with me for a few moments while I suggest some of a supply of silver dollars shn,ll hn.ve been provided by the mints there the important features involvetl in the proposition to mn.ke the old will be no gold in the country. With absolute ce1·tainty it will be silver dollar of 18tH, containing 412.8 grains of ·silver, a lega.l tender excluded from circulation by the cheaper currency which this provis- in the payment of all debts, public and privn.te. ion proposes to make a legal tender in the payment of debts. Owing to tho remarkable decline in the price of silver within the last Mr. Speaker, this is all aud more than I intended to say. I did not few months, and its more remarkable decline within the last ten propose at all to introduce upon this report a discussion of the mer- days, the silver dollar of 1861 is now worth less than eighty cents in its and demerits of the silver currency. My individual opinion is that gold. It will strike the mind of every gentleman that so extreme silver must be made a very important instrumentality in regulating and sudden a change in the value of the silver dollar renders the the future currency of this country. My own opinion is that dnring proposition to make it a legal tender in the payment of all debts, the next twelve mont-hs or two year~, no subject connected with public or private, a proposition of the most startling and revolution- :finance will press itself upon the attention of the American people ary character. and their Government so firmly and obstinately as this yery question I will not stop to dwell upon the want of definiteness and distinct- of utilizing silver or regulaLing the currency of the country. All thn.t ne s in the proviso as worded br, the gentleman from Indiana, [1\fr. is meant by this report is that a proposition of this sort would be n.t- LANDERS,] except to say that It is wholly impracticable. The pro- tended with very important consequences and that it is premat.ure viso says that the Secretary of the Treasury shall be directed to and immature legislation, which neither this House nor the Sen:tte nor authorize the issue of this silver dollar. It does not provide any of the country without further examination -tnd discussion is prepared the details which are necessary in a statute to enable an officer to to adopt. carry it out. In some way, by 11ome general proclamation, the Sec- Silver is now on the decline. Within ten days it has gone down in reta.ry of the Treasnry is instructed to authorize the re-issuing of the London from fifty-two to forty-seven and one-half pence per ounce. silver dollar of 1861. None of us can tell where this decline is going to stop. How much Now, right here is one very important feature, and I am only sub- further may silver be reduced in value, anu how mnch of a depreciatetl mitting these suggestions to the consideration of the House as reasons standard is this country prepared to adopt as a legal tender in the why the committee could not agree in recommending the adoption payment of debtsT .My individual opinion is that Congress and the of this proposition by the two Houses. Here is a profit of twent-y country should wait. Perhaps the next session will enable us to tle- cents on the dollar for every dollar's worth of bullion manufactured termine whether silYer has reached the bottom mark, whether it has into coin and put into ciret1lation. The Government by the power of acquired a stable position, whether a standard value of silver may the statute authorizes the bullion, which is the private property of be adopted by Congress, not a depreciated one, not one which may an individual, to undergo m:mufacture at the Mint, to receive t.he perha.ps be rendered unstable, if not otherwise undesirable, in conse- stamp of the Government, and then to have an enforced circulation quence of the rapid fall of silver, and whether we may not give to at 20 per cent. above the value of the silver bullion. Who is to the silver dollar a value something like that of the gold dollar, thus have the profit of this 20 per cent. increased valuo f My friend securing stability and with it equity between creditors and debtors from Indiana. [Mr. LANDERS] will say that this enforced increase of everywhere. value shall inure to the benefit of the owner of the bullion, and not For these reasons, thus imperfectly and summarily given to the· to· the benefit of the Government; while those who look to the in- House, the committee were unable to agree to recommend any policy terests of the Government will say, and with great propriety, that in regard to the silver dollar. this artificial or enforced increase of value to the extent of 20 per It wa.~ suggested (and I suppose I am guilty of no parliamentary cent. given to this article of merchandise in the form of silver bullion impropriety in saying it) I hut, as a matter of compromise, perhaps we should inure to the benefit of the Government as the power that gives conltl agree, the two Houses might agree, on adopting this dollar as this increased value; that the benefit of this increase should go into legal tender for debts to the amount of $20; but, as the Senate unani- the Treasury of the nation. This question is not settled by the pro- mously insisted on not making it legal tender for duties on imports viso of the gentleman from Indiana, ancl it is a very material one. or interest on the public debt, my friend from Indiana was not satis- Another question is presented here. This silver do1lar is to be made fied by any sort of means. Nothing less than absolute legal tender a legal tender for all debts, public and private. I grant that this for all public and private debt~, in the face of the fact that probably com~ directly ~ tho proposition that the boudbolder for his princi- not. a single member of the other body-but I cannot judge of that, pal and his interest shall be compelled to receive this silver dollar in and it is merely conjuotnral-tbat not a single member of the other payment at par. I am not going to discuss that q nestion h('re, for body was prepared to atlopt it, and the House will readily see there there is not time and this is not. the occasion. I believe myself that was no a~reement of opinion among us, for if we consented it should legally-the Government bas a right to coin this silver dollar and to be a legaL tender to $5 or $~0, excepting as to duties on imports and require the bondholder to receive it in payment of his debt. Whether t.he public debt, it accomplishes but very little. A legal tender to it is desirable, whether it is equitablo, whether it is politic is a ques- the amount of $5 is only n. prov-ocation, and it amounts to very little. tion which needs to be discussed very seriously by this House antl the Evitlently that is not the measuro of policy this Honse and Congre s Senate before such a proposition is enacted into a law. ought to adopt. When they grapple with this great question of sil- The difficult.y does not stop here. l twill be observed that this sil- ver currency antl the silver dollar and the making it le~al tender in ver dolbr at its present discount of 20 per cent. is worth nearly 10 payments of debts, I think they should take in the wnole subject, per cent. less than greenbacks. There is to-day $5,000,000,000 of looking tfl the widest extent to which it may be received as lc~al indebtedness in this countr.v the consideration of which was the legal- tender for payment of debts, and consider also the question whether tenuer currency. Is this House prepared to enact by ln.w t.hat t,he they will have a violation of the public bitb, if not of the letter of creditor in those obligations shall be bound to receive his pay in a the contract yet the spil:it of the contract and the expectation of the currency 10 per cent. less than that which was valid when the debt parties to the contract. was contracted Y For, although this silver dollar was a legal tender Mr. HARRISON. Will the gentleman from Ohio let me ask him a when the bonds were given, it, has not been since 1873 a legal tender question 7 in payment of anything ; so tha,t every creditor who holds an obli- Mr. PAYNE. Be very brief ; I ha,ve already exceeded my time. gation the consideration of which was legal-tender notes, an obliga- Mr. HARRISON. Has there not been an abnormal appreciation of tion contracted when silver was not a legal tender, would be com- gold! I use the expression abnormal not in proportion to its supply, pelled to receive in payment of this legal-tender indebl.edess a cur- but by reason of the demonetizat.ion of silver in European countries. rency 10 per cent. less valuable than that in which it was contracted Mr. PAYNE. I understand you very well. • and with which but for this legislation it must legally be diEcharged. Mr. HARRISON. Is not the debtor injured by that appreciation There are other questions arising in connectio:\ wiLh this proposi- wllich has been brought about by foreign nationB throwing silver out tion. I am tmggesting these considerations as sh"wing the important of the money of the world¥ 4552 CONGRESSIONAL RECORD-HOUSE. JULY\ 13, Mr. PAYNE. I understand yonr question. Mr. Speaker, it will be ana, [Mr. LANDERS.] It is within the power of the House either to after all but au individual opinion, an approximate opinion, and if extend the time, or to sustain the demand for the previous question. my individual opinion is worth anything to my friend from Illinois It is a matter for the House and not for tho Chair to decid . The I am very glad to give it to him. gentleman from Indiana [1\Ir. LANDERS] is entitled to the floor. Mr. HARRISON. It is, and I am asking you forit. Mr. LANDERS, of Indiana. The House can clearly see my object I~ 1\fr.PAYNE. In my opinion there has been relatively an apprecia- in introducing this amendment; iti is couched in language so plain tion of gold, but no one, in my opinion ; there is not a living man who that no man can fail to understand it. :My object is to restore the can approximate n.n estimate of that apprecia,tion. silver dollar to its proper position, the position it has occupied ever Mr. HARRISON. Does not that appreciation, though, injuriously since 1792, 1m til by the action of Congress it was demonetized in 18n. affect the debtor class f My friend from Ohio [Mr. PAYNE] objects to this proposition b - Mr. PAYNE. Do not occupy my time, as I wish to be brief. cause silver bas depreciated in value, and insists that to agree to my Mr. HARRISON. Has not that hurt the debtor cla.ss as much as the proposition" would be a great hardship upon the creditor class." Mr. other would f Speaker, I want to be understood here as being dispose(} to give every .Mr. PAYNE. Not as much, but to a.n extent. It is in that direc- man, whether debtor or creditor, the benefit of his contract. The tion undoubtedly, but there is no standard by which you can measure large portion of our debt has been created under the act of 1862. Th:1.t the ap.Preciation or depreciation of gold. No financier bas yet been act provided for the sale of bonds. It provided for the use of legn l- able to find any standard by which he can tell whether, as compared tender currency and for the payment of interest on the bonds. It with this period, five years hence, or five years after, there bas been also provided in what way the tariff dues should be collected. It will appreciation or depreciation of gold. No discovery bas been made. be found by examining that act that the interest on the bonds of the 1\fr. WILLARD. I should like to ask the gentleman a question. Government was to be paid in coin. It also provided that the tariff Mr. PAYNE. Be brief. dues shall be collected in coin. It provided fmther that the bonds Mr. WILLARD. I wish to ask the gentleman whether he thinks should be placed on the market a.ud sold at pa.r for gold and silver or silver bas depreciated n·om the gold standard more than the products Treasury notes. I ask you, Mr. Speaker, whether or not the creditors of industry of the country f · of the Government ha.ve not obtained every privilege that belougs to Mr. KASSON. Yes, it has. them under that law! Mr. PAYNE. That is opening a wide field, and a very interesting Mr. MAcDOUGALL. I suggest tha,t the gentleman speak from the one, and I should be glad, when my time is not so brief as it is now, Clerk's cle k, where he will be better beard by the whole House. to enter into its di cussion. Undoubtedly that is a con ideration. Mr. LANDERS, of Indiana. I prefer to speak from my seat. The Mr. LAWRENCE. Will my colleague let me make an inquiry 7 gentleman will excuse me. 1\lr. PAYNE. You must be brief. The creditors of the Government invMittbly took their option. 1\Ir. LAWRENCE. Does my colleague mean to say that Govern- They bought our bonds with Troasmy notes when they were not ment bonds may be properly paiJ in silver dollars! This question is worth over fifty cents on the dolla.rl I am not complaining of t.bn.t, not involved in this bill, nor can it be made by an amendment, since because it was the law; and when a man lives up to the letter of the it bas been decided that the report of a committee of conference can- law there iR no ground for compbint. But the debtor cla-ss has an not be amended, but as reference has been made to the question I ask option in th'tt law. They have a right to pay those bonds and the my colleague for his opinion. I m3.y say also that I do not believe it interest on the same either in gold or silver coin. Now it is clearly was wise to commence this silver resumption now, but since it ha-s to be seen that the object of this law of 1873 was to deprive tbe been commenced and threatens to result in a scarcity of change- debtor class of that right; and it is for that right I am now contend- money, I do not see any remedy but to continue it. ing. I contend that the right which wa-s taken from the debtor Mr. PAYNE. I mean to say, in my opinion, they can be legally class by the act of 1B73 should be again restored to them. paid in silver dollars. If the gentleman will refer to the famous law Did not that act repudiate the contract f Did it not say that tbe of 1869, about which a great deal has been said unfavorable as well debtor should ,not have the rights that belonged to him under the as favorable, he will find there the solemn pledge of the Government contract¥ And is not that repudiation 7 It is of the same class of given that the public debt shall be paid in gold or silver coin. legislation as that of 1869. '.fhe act of 1869 was a repudiating act. Mr. BRIGHT. It does not say coin; it says coin o1· its equivalent. It repudiated the contract; and said that the bonds should be paid in Mr. PAYNE. I must be excused from going into these collateral coin, which under the original contract should have been paid in qnestioDB, because the time is limited in which this discussion is to lawful money. It said that hereafter they shoulcl be paid in coin take place. alone. And now because one kind of coin is depreciating in value I merely wish in closing to say that I have not brought out these this bondbolding class is not satisfied with the first repudiation, but features of this policy with the view of discussing their merits or de- come in with a second repudiating act, and declare that such silver merits now. I think such a discussion would be out of place at pres- coin shall not be regarded as money. ent. In a. matter of such vast interest, affecting every other interest The object of this amendment is to prevent this seconn outrage and in the country, affecting its honor, its credit, reaching and extending act of repudiation. Now, if the debtor cla s has a right to pay their into the future for an indefinite time, it is not the place, in the shape debts in silver, will this Congress deny to them that right f If they of a sort of rider or proviso to a Honse amemlrueut or a Se.n ate amend- have not that right and Congress should say that silver is a full I gal ment to a bare, simple resolution, proviJiug for a little distribution tender, it is a question for the courts to det.ermine, and as a matter of of silver coin, to discuss the merits of theso questions. Anti that was course they are always open to decide such questions. From the leg- the view of the committee. They bad no desire to belittle its impor- islation of the past it woulcl seem that the debtor class have had no t::mce or to evade its discussion, but they thought this was an unsui t- friends here. Shall this thing continue 7 Are your constituents all able occasion for settling this policy. creditors f 1\fino belong to both classes. Let a. bill to establish the silver dollar as a legal tender come be- But the gentleman from Ohio dwells on the fact that silver has de- fore the House at a proper time and in proper a shape. It bas not clined in valne. Now, when a contract bas been made and parties been discussed in the House at all. Under the r>revious question, on bounn by it to pay a debt either in silver or gold coin at its fixed motion of the gentleman from Indiana, [.Mr. LANDERS,] it was lawfnl rate, I a k if it is any fault of the debtor if either of these adopted as a proviso to something with which it bas no sort of con- commodities declino in value before the debt falls due! I never heard nection and no sort of relation, except that the word ''silver" may that question raised before. Suppose a contract to be made to pay a perhaps be mentioned in both. It is for that reason, without pre- debt in wheat or corn and the price fixed is the standard of a certain judging, without forestalling an opinion on the merits of the various number of pounds to the bushel, and when the time for delivery ar- propositions that have been suggested, that this committee of confer· rives grain bas declined in value, would auy sensible or honest man ence have dropped this provision from their report. At the proper say for Lhat reason more pounds should be put into the bushel to pay time they, with others, will be prepared to discuss it. the debt? There is just as much sense in one proposition as the other. I now yield twenty ·minutes of my time to the gentleman from Certainlv your contract is not to pay in the precions metals at what Indiana, [Mr. LANDERS.] they are 'worth at time of payment., but to pay in them at their val no Mr. PHILLIPS, of Kansas. 'Will the gentleman from Ohio, before when the contract was made; and it would be as muoh an act of iuju - he resumes his seat, allow me to ask him one question f tice to the people to change that standard as it would to the bond- Mr. PAYNE. After the gentleman from Indiana has spoken. holder should they appreciate in value. But I would like the gentle- 1\fr. LANDERS, of Indiana. Mr. Speaker, I do not understand the man from Ohio or any other gentleman occupying the position on this arrangement that has been made as to the disposition of time allotted question that ho does to prove to this House that ilver has declined to this debate. I understood the gentleman from Ohio [Mr. PAYNE] and that gold has not advanced in value. I would like any ge!ltlc- to say that he would occupy but ten minutes. He has now occupied ma,n to show how be would determine the question of value compared thirty and parceled out to other gentlemen favoring the report so with each other. We know that they are separated and apart. Is much of the remainder of the hour allotted as to allow me and my there not just as much argument to prove that gold has advan ced as friends only twenty minutes. It was proposed that we were to have that silver ha declined' The argument that silver ha-s declined is one-third of the time. I objected to that, and insisted we should because in many governments, inclndincr our own, it has been tie- have half. monetized. Ha.s not that act alone created a greater demand for golJ f Mr. PAYNE. If the House will extend the time I should be very The value of all commodities is regulated 'i?Y supply and demand; glad. if yon cut off the demand for one and increase it for another, I ask if The SPEAKER pro tempo1·e. The gentleman from Ohio is entitled each would not be equally affected by the change. to au hour, during which he controls the floor; and out of sixty min- The question no w is whether or uot we have a right to pay onr utes he proposes to give twenty minutes to the gentleman from Inili- debts in silver V The worti coin used in all the acts authoriziug the 1876. CONGRESSIONAL RECORD-HOUSE. 4553 issue and sale of bonds, according to Chief Justice Chase, means of the United States. If I have r ead and understood the laws aright, "That we have two kinds of dollars; we have one dollar a paper up to 1ti73 silver coin in standard dollars was a legal tender to any dollar, and we have a coin dollar, which is a piece of gold or silver of amount for all debts, both public and private, and had so been a le- a ce1tain degree of weight and fineness." Again in the act of 1869, gal tender for all debts since about the year 1792. If that be so, which was an act to explain what the language of the various acts why was it demonetized f Let those who did it answer. It will oc- relating to the issue of bonds meant. You will find that the word cur to every gentleman here that all or nearly all of the public debt "coin" means gold and silver, and it was in consequence of the use of this country was contracted while silver in standard doilars was of that language tliat the infamous act of 1873 wa-s passed. I want a full legal tender for all sums. And nearly all the private debts of the double standard restored, because all contracts have been made the people of this country, at least all that are three years oldJ were under the double standard, which has existed since the foundation of also contracted wbile silver in the form of silver standard dollars the Government. The silver dollar that we now seek to restore was was a legal tender to any amount. And as a matter of course all of inaugurated by Mr. Hamilton in 1792, and ha-s never been changed since that day so far as the amount of pure silver it contains is con- such debts were legally and in equity payable in silver coin of the United States. And no creditor of the Government, whether resi- I I cerned, while the standard of gold has been changed at least twice. dent or foreign, could ask or expect his debt to be paid in anything The law of 1792 fixed the ~old eagle at 270 grains. In 1838 it was better, and no private citizen had any right to demand anything else I changed to 258 grains, which is the standard at this time. The silver dollar has been changed only in the amount of alloy and of his debtor up to that date. That had been the law of our country for more than eighty years. I not in tl1e amount of grains of pure silver it conta.ins. I want gentle- With this law upon our statute-books, venerable for its age anrl men to remember that there ha been more changes in the legislation for its distinguished paternity, our Government ne~otiated all its im- of the country relating to gold than there have been in silver. And I mense loans and borrowed its billions of dollars w1th which to carry solemnly believe that if we restore the double standard the value of on war and conquer peace. And in this silver coin of the standard the two metals would soon be equalized. If, on the contrary, yon have dollar it agreed to pay the lender. And never in any one insta,nce but one ~tandard, you have nothing left to use in its stead. Under such a policy should a demand for it come from other countries, it did it promise to pay exclusively in any other coin. The promise was to pay in the coin of the United States where spe- j would go there in accordance with the laws of trade, and this country would be left without a standard, and business would go to rack and cie was mentioned at all; and in no instance did the Government promise to pay in .any dearer or more precious metal. I ruin in consequence. If you pass this bill making silver a full legal tender you will :find, in my judgment, that in a very short time it will approximate to the value of gold. In 1873 the law of eighty years' standing by which silver dollars had been made a legal tender was repealed. How I know not ; to inquire, I have but little time. It is enough for me to know that I \. Should the majority report be adopted, what wHl we have left as was not responsible for that repeal. The history of the passage of money' Gold! Nothing but gold to measure the value of all the that most mischievous law may not be fully written, and some may propert·y of this vast country! All its commodities and its labor be hope that it never may be written; but by some maneuver it was re~ulated by it! While to-day there is not a dollar of gold in the done. And whether it was discussed or understood here at the time Treasury beyondits demand obligations. What then will be the con- I cannot state, but I am told by gentlemen who were here that it was dition of the debtor class f "I pause for a reply!" not. But this I do say, Mr. Speaker, and I here emphatically declare You will find under that policy the labor of the country will come that the people of this country were not consulted about the repeal down to fol'ty cents per day. The labor of the country is its wealth of that important and satisfactory law. It slippec1 through one House and its value is measured by its money. I have passed sleepless nights and then the other, as things sometimes do, and as I fear this, to my fearing that this republican policy, under the dictation of certain lead- mind, most objectionable and pernicious measure will get through ers of Loth parties, might be carried out under the bill reported by this House, for want of proper discussion and consideration. the majority. Our condition would be far worse than it was before Mr. LAWRENCE. Does the gentleman refer to the act of Febru- the war, because then we had silver with ·g old in use as money. If ary, 1873 f yon deprive the debtor class of that n9w you will be doing them a .Mr. FORT. I refer to the act repealing the legal-tender quality of great act of injustice. If you countenance this act of repudiation for silver in standard dollars, passed, as most bad laws do pa-ss, near the the benefit of the creditor class the people will hold every one of you close of the session, in February, 1873. to a strict account for so doing. Mr. KASSON. I want to remind the gentleman that it was before Mr. PAYNE. I move that the time of the gentleman from Indiana Congre two or three sesRions. [Mr. LAI\~ERS] be extended for ten minutes. Mr. FORT. I ask the gentleman to search the records and see if The SPEAKER pro ternpore. The gentleman from Ohio [Mr. PAYNE] that question was ever discussed in Congress. No, Mr. Speaker, it has ten minutes of his hour remaining. was put through under the suspension of the rules at the bidding of .Mr. PAYNE. I desire to use that time myself. the bomlholders and, as the CoNGRESSIONAL REcoRD shows, without The SPEAKER pro tempore. If there be no objection, the time of even being read to the House. Of course I was not here at that time, the gentleman from Indiana [Mr. L.A..'WERS] will be extended for ten but I have examined the records, and state that so far as they show minutes. the House was not advis_e d that this old, time-honored law was evon There was no objection, and the extension of time was accordingly to be modified, to say nothing of its being repealed by the then pend- made. ing bill. Mr. LANDERS, of Indiana. It is not my obJect to defeat this bill. This little mischievous law repea,ling the legal-tender quality of sil- I am in f:wor of all its provisions, but I am also in favor of the fur- ver dollars was stolen through Congress, as I believe, by being hidclen ther provision to make the standard silver dollar a full legal tender. in the body of a long bill professing only to modify the coinage laws, I want to say to the gentleman from Ohio [Mr. PATh"'E] that he is and was not tEEcovered by the good men who were on gnard here then. very much mistaken as to the temper of the Senate. When he hears And, 1\lr. Speaker, one t.hing is certain, that no.matter what trans- from the Senate on this report, I think he will :find it will be voted -pired here in Congress, the fact r emains that the repeal of that old down. I have been assured that it will be rejected. The Senate has law was never discussed before the people. They were never asked discu sed this question thoroughly. to give their views upon the question or consent to repealing the legal- Mr. KASSON. I must remind the gentleman from Indiana [Mr. tender quality of silver, with the payment of which they might mn.ke LA...'IDERS] of the rule which prohibits a reference to the action of the good almost all their promises. Why was this repeal f I know not. other body. It certainly was not in the interest of the tax-payers. I imagine, Mr. FORT. Why did not the gentleman interpose when the hon- from the speech of the honorable gentleman from Ohio, [Mr. PAYNE,] orable gentleman from Ohio [MI·. PATh""E] was threatening this Honse that it must have been in the interest of somebody else than the tax- so terribly with the action of the Senate f payers. Ay, .Mr. Speaker, the story is told in a few words. It was Mr. KASSON. Because he spoke of the conference .:mmmittee, in the interest of the bondholders and hence it was done. which he bad a right to do. The honorable gentleman says that silver has depreciated; that it Mr. KELLEY. He said that not a single member of the other is not honest now to compel the creditor to receive his pay in silver body, referring to the Senate, were willing to adopt this measure. because it is not par with gold. This he says would be cheating our Mr. LANDERS, of Indiana. The Senate has discussed this measure creditors. Dishonest, is it f Ah, was not silver a legal tender when quite fully, and some of its members most intelligently. While it he, the creditor, the bondholder, took his bond Y Did he not then did not receive much attention there at first, it is now receiving the know that he might be lawfully and in honor paid in silver J Did he respectful consideration of that body, and I am satisfied what the not in takiug the bond assume and in like manner promise to take his result will be when its a-ction is reported on this question. pay in silver coin f I say that the tax-payer ought to hold the bond- Mr. Speaker, how much time have I remaining! holder to his contract. The SPEAKER pro tempote. The gentleman has nine minutes of Mr. Speaker, the bargain was-because the law defining what our the extension granted him by the House. coin was and what its quality was was a part of the contract be- Mr. LANDERS, of Indiana. My friend from Ohio [Mr. PAYNE] tween the tax-payer and the bondholder-that the debt was to be paid started out with ten minutes and consumed thirty. However, I will in the coin of the United States, either silver or gold. We had, and yield five minutes of my time to the gentleman from illinois, [Mr. in my judgment still ought to have, the option to pay in either. We FORT.] were and are a silver-producing country; and shall we voluntarily to Mr. FORT. Mr. Speaker, there are many things in and affected our own great damage yield to the desire of our creditors and pay by this bill and amendments which it might be well to discuss. It them in the most costly metal, antl thus virtually throw away ouo- occurs to me, however, that the principal question now before the hulf our precious metal so far as using it as money at least goes, the House i& whether silver should continue to be dmnonetized as a coin certain effect of which will be to increase the value of gold and thna 4554 CONGRESSIONAL RECORD-HOUSE. JULY 13, increase the value of our bonds, thereby enriching foreign bankers wealth and to double the debts of the del,tor class. The promise to and impoverishing ourselves, and make it more and more difficult for pay is o many dollars, and the value of the dollar doubled, and yon the people to secure the desired coin, gold, with which to pay our have the result as stated. Mr. Speaker, why iR it that our country- debts. Mr. Speaker, the position gentlemen take amazes me. men, of all other people, are to be the greatest loser by thiH unlwly Ab, but silver bas depreciated, it is said. It is not honest money. schemet Why is it, I earnestly a~k, do they join tho conspirator , and I wish to ask the honorable gentleman this qneBtion: Suppose t~at help thus to bind the helpless and aggrandize the money kings of gold should depreciate; suppose that by the discovery of some im- Europe Y men e bonanza in our own country or some other country gold Ur. Speaker, the silver do1Jar was the first leg-al-tender coin we ever should become so abundant as to become depreciated, what then bad. About the year 1792 the Hamiltoni:tn dollar was authorized bv wt~uld the gentleman do f Will he come in here with a bill in the law, and was made of the same value as the Spanish milled dolla'r int:erest of the bondholder, any. now asked to pay those bonds not in silver but in something more ·Property may rise and fall in value, but indebtedness remains at valuable; they want them paid in gold. We are told that silver is the same amount, measured by dolhirs and cents. And so it is that oot good enough for the bondholder. Mr. Speaker, it is singular the creditor gains by the value of the dollar. If that class can by · that the Government, and in fact the debtors as a class, come ont any means or measure increase the value of money they increase the second best in a.ll these contests; and I doubt not that if gold should value of their notes and bonds, and so in thili case if they can de- for any reason depreciate a few cents these same gentlemen would be throne silver theyreduce the volume of coin, and of courserenderthe here eloquently and persi tently demanding that the Government remaining quantity, which would be gold, by so much the more valu- must make good to them the depreciation, bttving their bond for the able. pound of fie h, that they mnst have it nearest the heart. .Mr. Speaker, in my bumble juilgment, the most gig-antic scheme Mr. MAcDOUGALL. When gold was at 240. what were green· ever organized bas been set on foot all over the world by the Roth-~ backs f schilds and others of the creditor class to double their own enormous [Here fbe hammer fell.] 1876. '• CONGRESSIONAL RECORD-HOUSE. 4555 Mr. LANDERS, of Indiana. I yield now t.be balance of my time pie, but I have not time to enlarge upon it. It will be remembered to the gentleman from Tennessee, [Mr. BRIGHT.] that on the· adoption of the Federal Constitution we had no American The SPEAKER pro tempore. The gentleman from Tennessee bas coin. It was all foreign, and the Spanish milled silver dollar was five minutes of the original time of the gentleman from Indiana, constituted by statute the unit of value of this country. Will any [Mr. LANDERS.] More than an hour bas expired, and gentlemen have gentleman or Representative here be kind enough to point out any ueen speaking by consent of the House. statute where there is any other unit of value fixed by law f It is Mr. BRIGHT. Mr. Speaker, it will be impossibJ., within five min- now here to be found. Yet, in despite of all that, you have demonetized utes to enter upon the discussion of this question. I can only throw the old coin which formed your unit of value and whieb enahle1l this out a few suggestive thoughts. Government first to inaugurate its system of commerce and discharge Mr. LANDERS, of Indiana. I move that the time for discussion its debts. be extendt>d one hour, tu be divided into five-minute speeches. Not only so, Mr. Speaker, but there is another thought which I wish The SPEAKER p1·o tempo1'e. The Chair will state that unless the to lay before thls honorable body, and the device which is meditated previous question is called and sustained at the close of the hour of is no shallow one. This body must undefl~tand that there is a Eu- the gentleman from Ohio, discllssion may be extended indefinitely. ropean project now on foot, in which a certain party in the United It depends entirt lyon the action of the House. As the hour bas not States sympathize, that is to reach an internationa.l1mification of the yet expired it is better not to anticipate it. value and standard of coin; and it is to make the golalue within the Unit&f States; that it was the The debts np to 1873 were payable in coin of "~old and silver." We propose duty of Congress to promote the circulation of these coins by giving them their that they shall be paid in "~old and sil\er." That 11 fair. isn't it 1 Those who are full value; that this was the design of the States in conferring upon Congress the in favor of an exclusive gold standard use the example of England. \Ve have re- exclusive power of regulating tho value of the..se coins ; that all 1be Jaws of Congress ferred to th~:~ ~eater prosperity of France under her double standard, and tlle ex- for preventing the circulation of foreign coins and underratin~ their value were so istenc.e of that stanclard in France has been disputed. Wo have obtained exact ruany breauhes of the Constitution, :mil so many,mischiefs inflicted upon tho St.a tes; information on this subject, and submit it in the form in which it was received: and that it was the boontlen duty of Congress to repeal all such laws; and tD I'C- . CINCINNATI, July 7, 1876. stDre foreign coins w the same free anu ravored circulation which they possessetl The Editor of the Commercial: when the l<'ederal Constitution was adopted. Some few weeks a:ro you expressed a wish that I would ascertain and give yon • • lr * the exact status of silver in our sister-republic of France. In compliance there- lie denounced this exclusion of foreign coin" as a fraud, and a fraud of the most with I wrote to Paris and have this day received the following reply. injru·ious natm:e, upon the people of the States. Tho States hallsniTendered their Yours, respectfully., power over the coina~.;e w Conwess; they marla tho surrender in lang·u age which JAMES GILMORE. clearly implied tha.t their cnnency of foreign coins was to be continueu to them · yet that cUITeucy is suppressed; a currency of intzinsic val no for which they paid PARIS, June 23, 1876. iuterest w nobotly is suppressed.-Benton's Thirty Years' View, pages 444, 446. SIR: We can reply ns fullows to the several inquiries conveyed by your letter of Thus it appears, sir, that whell the States surrendered the power to the 2d instant. The five-franc piece is an nnlimited' lt'gal tender, and may, therefore. be em- the General Government of regulating coins and coinage it was wi+JI ployed to any extent for payments; the smaller silver coins arc of inferior fineness, the implication that all the avenues of commerce should be so k0pt and acceptance of the same cannot be enforced beyond an amount of Afty frnnr.. open that foreign coins should be permitted to flow in and the people per each payment. sl10uld be permitted to avail themselves of that privilege; and why The Bank of France issues no more five-franc notes and destroys those which return to the bank in course of circ.ulation. is it. now tb:tt foreign coins are demonetized in like manner, and you Tho bank bas at prest>nt on hand 581,278,000 francs in silver coin and bullion, are narrowing the means of discharging the obligations of the people 1,468,340,000 francs in gold coin and bullion. down to n. single standard f Sir, it is discrimination in favor of In March, 1875, the bank held 495,000,000 francs in silver and 1,225 000,000 francs in gold, which shows that the respective increaRes of the silver and gold paid in domestic and foreign bondboldersagainsttbetax-pa,yersof our country. have taken place in proportions which do not differ so widely as might be antici- Every State under the Constitution bas the right to make silver as pated from the great abundance of silver. well as gold a legal tender. They are equa,l in the eye of the Consti- From our previous remarks on five-franc pieces, it follows that~ in case the tution. Yet if a State should pass a Jaw ruaking silver a legal ten- bank 1;csumed specie payments, these could bo legally effected in silver ooin, using the pieces infenor to five francs to the maximum extent of fifty francs per pay- der the General Government says no, that it has the sovereign power ment. of coinarre and it will not coin silver; that it has the power of regu- We will add, for your guientu- the coinage shall devolve on the seller of t~e bullion, and the profit ally be called in. or seigniorage arising therefrom shall accrue to the Government. So ,· It is obvious that the application of a law to this effect would not meet with any difficulty, and it would be attended with importa.ntadvantages. The German that if that bill were a law the Treasury would not have to go out and- government would ho relieved of its monetary cares; it woulu be no longer obliged spencl its money on hand to buy the bullion in the market; but every to seek issu~" s which do not exist for its silver; it would not be obliged to demand man in the country who owned bullion and deposited it in t.he as'ay more gold than can possibly be supplied; it would avoid the losses ensuing by the offices or mints should there have it coined, the Government paying continued fall of silver, and purchase of gohl which goes on rising ; it would cease to fear the exportation of golden mares ; aLd finally, satisfied with haviJJ~ in the nothing for the bullion and receiving pay for the coinage. That whole empire a single denominational unity, the marc, it would leave lhe Germans seems to be the most sensible bill which ha.s been introduced in con- free to make use at will of gold or silver money, aa was always practiced in the nection with this subject. But it is uot now before the House. I states of the Latin Union up to 1874. hope it may be considered, however, when we consider more compre- ' 'The coalition formed between France, Italy, Eelgium, ancl Switzerland to resist the monetary enterprises of Germany would bo at once dissolved. The monetiza- hensively how best to monetize silver. tion of silver would be free in these countries, and there would be an end to a mon- The simple que tion is shall we now, in pursuing tho idea of mak- etary war without precedent and without end, which is as contrary to scientific ing the old silver dollar a legal tender, the discussion of which ha.a principles as to the interests of the States by whom it is waged. The English mar- been rai ed by the gentleman from Indiana, [Mr. LANDERS,] lose the ket, and with it tlle continental markets, would escape from the crisis wbh;h is in- evitabl13 if the German government persists in demanding more gold than can be whole benefit of the ten-million and tbe twenty-mi.Uion bill which furnished. · have been so carefully considered by both Houses, and so sedulously "Is there an economist, banker, or statesman who can deny the reality a.nd the guarded by proper provisions. importance of the advantaues we havejn.st enumerated I" I might agree with all that was said by the gentleman from Indi- The people of the United States are in the humiliating position of havin.!! had tho double standard abolished in the dark by tiLe gold ring; thatis to say, the people ana. I agree that even the bonds should be paid iu silver as well as h ere have been deprived of one of the precion.s metals, and they are expected to sub- in gPld. I will not stop to argue the proposition that silver being mit, because the metal in which they have had theirT'"ighu stoumfrom. them. is cheap. now 20 per cent. below golll and 10 per cent. below greenbacks, that We Utink we can tnt.St the illtelligence of the people to resist this oppression. They can obtain valuable lessons pertinent to the case in studying the pros-perity of France it is a. good time for one class and not for another. I will not stop undttl' the double standard and the depre.ssion in Germany resulting from. the attempted to argue the relat.ion between the debtor ancl the creditor clas in this demonetizat-i on of stlver. The people of the Unired StateiJ never had the great ~uestion connection. These matters might all be pertinent, anll in my jndg- of abolishing silv£r money referred to them. They were df]Jrived of tltei r r ights tn silve'l· mellt t.he points seem well takeu. But the question now is, Llall ws by a juggling coinage regulation , and those who are urhring the continuance of the exclusive gold st.andaru moRt be of the impression that the people do not know forego passing this bill for silver change; the ten millions and the their rights or dare not assert them. twenty millions; or lo e the measure a:; matured and the conHeqnent 1876. CONGRESSIONAL RECORD-HOUSE. 45'57 benefit of it to the people, because we do not by this report reach a I have no doubt that a good many of my neighbors would like to take these bonds, larger relien and if you will answer my questions I will show the letter to them. Very respectfully, That, sir, is all that I intended to say at this time. S.M. F. Mr. LANDERS, of Indiana. I desire to a-sk the gentleman from New York one q:uestion. OFFICE OF JAY COOKE, SUBSCRIPTIO~ A GEJI."T, AT Mr. COX. Very well. OFFICE OF JAY U : 01rn & Co., BA!I."K.ERS, 114 So u TH TmRD STREET, Mr. LANDERS, of Indiana. Can we not appoint another confer- Phib,delphia. March 23, 1863. ence committee, should this report not be concurred in f DEAR SIR: Your letter of the 20th instant is received, and I will cheerfully give Mr. COX. I should think from the indications I have seen, without you the information desired by answering your quesliona m due order. referring to the Senate or saying anything that would be irregular, First. These bonda are called five-twenties because, while the.v are twenty-year bonds, they may be redeemed by the Government in god at any time after five that such a committee would be utterly fruitless of re-sult. We years. Many people suppose that the interest is only 5.20 per cent.; this is a mis- would gain nothing by it. . take: they pay 6 per cent. interest. Mr. LANDERS, of Indiana. That is not the question; can we not Second. Legal·tender notes, or checks upon Philadelphia or New York that will bring legal tenders, are what the Secretary allows me to receive; no doubt your do itf nearest bank will give you a check or lPgal te-nd~rs for your country funds . .Mr. COX. I suppose you could raise another conference by some Third. The bonds are sold at par, the interest to commence the day you pay the management here. I proposed to yield a portion of my time to the money. gentleman from Pennsylvania, [Mr. RANDALL,] but he is not in the Fourth. I have made arrangements with your nearest bank or banker, who will generally have the bonds on hand. If not, you can send the money to me by ex· Ball, and therefore I will yield five minutes to his colleague, [Mr. press, and I will send back the bonds free of cost. TOWNSEND.] Fifth. The bonds pay 6 per cent. interest in !JOld, 3 per oont. every six months, on Mr. TOWNSEND, of Pennsylvania. I rise to support the report of the 1st day of May and November, at the Mint in Philadelphia or at any l:mbtreas- the conference committee. I think it is a report that ought to be ury in New York or elsewhere. If you have coupon bonds, all yon have to do is to cut the proper coupon off each six months and collect it yourself or give it to accepted by this House, and I am sure t.hat it will commend itself to your bank for collection; if yon have re~ istered bonds, you can give your bank a the sound judgment of all the people of the country. power of attorney to collect the interest for you. I shall address myself chiefly to that portion of the report which Sixth. The duties on imports of all articles from abroan must be paid in gold, has reference to what is called the Landers amendment, making the and this is the way Secretary Chase gets his gold; it is now being paid into the Treasury at the rate of $200,000 each day, which is twice as much as he needs to pay silver dolln,r of 18t>l a legal tender for all debts, public and private; the interest in gold. and I want to say that I agree with the gentleman from Indiana [Mr. Seventh. Congress bas provided that the bonds shall be pahl in gold when due. L ,\.NDERS] and the gentleman from Illinois, [Mr. FORT,] in the hope Eighth. Yon can have either coupon bonds, payable to the bearer, or registered and desirt} that the national bonds of which they have spoken shall bonds, pa,yable t~ your order. Ninth. The former lUe in fifties, one·hundreds, five-hundreds, and one-thousands; be paid according to the original meaning and intent of the contract. the latt.er in same amounts, also five-thousands, and ten-thousands. Mr. LAWRENCE. What is that f Tenth. No! You will not h.'tve to pay any taxes on these bonds if your in- Mr. TOWN~E:KD, of Pennsylvania. The gentleman from Ohio in- come from them does not exceed $600, and on all above 600 yon will only have to pay ono.l1alf as much income tax as if your money was invested in mortgaues or qnires what was the original meaning and intent of the contract f other securities. I consider the Government bonds as first of all ; all other 'bonds "\Ve have to gather it from the circumstances surrounding the offer are taxed i per cent. to pay the interest on the Government bonds, anti the Supreme and taking of the loan itself when first made. We have to look to Cvurt oft he Unit.ed States has just decided tha.t no State, or city, or county can tax what the Government did; and when we examine its acts we find Government bonds. Eleventh. The present bonded debt of the United States ia leas than three hun- them in the promises and action ofthe ngents of the Government who dred millions, including the 7 3-10 Treasury nores ; but the Government owes had charge of the negotiation of our great loan. The negotiation of ~nough moro in the shape of legal-tenrlera, deposits in the sub-treasuries, certifi- a loan of over $1,000,000,000 was intrusted to a single house. The cates of indebt.edness, &c., to increase the debt to about eight or nine hundred mill- hon e of Jay Cooke & Co. were the sole parties authorized to nego- ions. Secretary Chase has calculated that the debt may reach one thousand seven hundrell millions if the rebellion lasts eighteen mom hs longer. It is, howel"er, be- tiate the loan; they were authorized to go into the market and ob- lieved now that it will not laat six months longer; but. even if it does, our national tain it; they were the recognized and responsible agents of the Gov- dobt will be small compared with that of Great Britain or France, while our re- ernment. They went into the market; they distributed their circulars sources are vastly greater. all over the country and they assured every man and every woman Twelfth. I have no doubt that the revenue will not only be ample to pay the or- dinary ex:penst>.s of the Government and all interest on the debt, but lea\e at least who could scrape together 50 or more that these bonds which they one hundred milliona annually towarll paying off the debt\ and that the Government were selling to the people were payable principal and interest in will be able to get out of debt again, as it has twice before, in a. few years after the gold. There was no time during the whole negotiation of the loan close of the war. when some of these circulars dated in 1863 and distributed by their I hope that all who have idle money will at once purchase these five-twenty year bonds. The right to demand them for legal-tenders will end on the 1st iLLy of subagent-s were not to be found in every hamlet, every village, and July, 1863, as per the following authorized notice: every city on the continent, without objection from the Treasury SPECIAL NOTICE. Department; and in these circulars thus ~ent forth in reply to the in- On and after July 1, 1863, the pri vile~?:e of converting the present issue of legal- qniry "Will the face of the bonds be paid in gold when duef" Jay tender r..ott..s into the national 6 per cent. loan (commonly caHed five-twenties) will Cooke & Ce., t.he accredited agents of the Government, with the cease. sanction of the Secretary of the Treasury, with the sanction of Con- All who wish o invest in the five-twenty loan must, therefore, apply before the 1st of J nly next. gress, (for there was no expression of opinion or action by the Secre- J.A.Y COOKE, tary or Congress to the contrary,) said: "These bonds are called five Subscrip tion Agent, twenties because, w~le they are twenty-year bonds, they may be re- 114 South Third Street, Philade~phict. deemed by the Government in gold at any time after five years." Those who neglect these 6 per cent. bonds, the interest and principal of which Again, in answer to another inquiry, they say that "Congress has they will get ill gold, may havo occasion to regret it. provided that these bonds shall be paid ~n gold when due." And I am, very truly, your friend, again they say in the postscript: "Those who neglect these 6 per cent. J.A.Y COOKE. Sublfcriptwn Agent, at office of Jay OookiJ d': Go., bonds, the interest and principal of which they will get in gold, may 114 South 1.'hird Street, Philadelphia. ha.ve occasion to regret it." I submit as a part of my remarks the * * * * * entire circular. It was an original circuJar emanating from their Mr. KELLEY. By whom T bouse, hundreds of thousands of which were circulated throughout Mr. TOWNSEND, of Pennsylvania. By Jay Cooke & Co., as I said the country to induce people to invest in the national loan. It reads before, the recognized agents of the Government, by whose aots, rec- as follows: ognized by the Government and Congress, we are morally if n9t legally --,BERKS COUNTY, PENNSYLVANIA, Mllrch 20, 1863. bouncl. JAY CooK.E, Esq., . United States Loan Agent, 114 South Third Strut, Philadelphia. Now, the objection that is made by the gentleman from Indiana DEAR Sm: I see by our papers that you are selling for the Government a new and the gentleman from illinois is that the e bonds were purchased loan called five-twenties. I e~-pect to have shortly a few thousand dollars to at 40 per cent. on the dollar. How were they purchased Y They were spare, and as I have made up my mind that the Government loans are safe and purchased from the Government with the money issued by the Gov- ~ood, and that it is my duty and inte1·est at this time to put my money into them rn preference over any other loana or soocks, I write to get information of you as ernment, with its legal-tenders, which it had let fall from the one follows: hundred cents which it got for them to a depreciation of forty cents First. Why are they called five-twenties Y on the dollar, and with which, as it appears by the circular, it invited Second. Do you take country money or only legal tender notes, or will a check on the people to invest in the bonds. The Government bad no right to Philadelphia or New York answer for snbscriptions1 Third. Do you sell the bonds at par 1 complain, and no one now has a right to complain that the Govern- Fourth. .As I cannot come to Philadelphia, how am I to get the bonds Y ment issued bonds at a hundred cents on the dollar and took in pay- Fifth. What interesL do they pay, and how and where and when is it paid, and ment its own notes, which it let fall to the depreciation of forty cents is it paid in gold or legal-tenders 1 Sixth. How does Secretary Chase get enou~hgold to pay his interest~ on the dollar, whereby the people who held the notes were the suf- Seventh. Will the face of the bonds be paiu in gold when due~ ferers. It only put those persons in a proper position who were suffer- Ei!!hth. (Jan I have the bonds payable to bearer with coupons or registered and ing from its own in<:1bility to keep its paper promises at par. The payable to my order1 people had suffered that depreciation and they were entitled to have :f'hnth. Wbat sizes are the bonds~ Tenth. Will I have to pay the same tax on them as I now pay on my railroad or that depreciat.i on and. loss made good to them, and the best the Gov- other bonds 1 ernment could do was to give its bonds, payable at a distant day, for Eleventh. What is the present debt of the Government, and what amount is it its depreciated legal-tenders. likely to reach if the rebellion should last a. year or two longer 1 Now, sir, I say that that was right and proper and according to tbe Twelfth. Will Secretary Chase get enough from custom-house duties and in- ternal revenue, income taxes, &c., to make it certain that he can pay the in· idea held out by the accredited agent of the Government, which was terest punctually ' afterward followed up by the declarations, if l remember ri~ht, of 4558 CONGRESSIONAL RECORD-HOUSE. JULY 13, Secretaries Fessenden and Chase, that the bonds were payable in gold. ver by Germany and the Scandinavian countries, but there is no cer- That a party or a government is bonncl by the reco.gnized acts of its tain evidence that such is the case. A small advance may have agents is a well-known principle both of morals and of law·. A doubt, taken place in the controversy between France and Germany to ob- however, was started whether from the wort.l.ing of the- bonos they tain sufficient gold for their respective uses, but of this no one can were payable in gold, and on M~rch 1H, 18G9, by the first act. of Gen- affirm with cf>rtainty. For a t.ime there wa a small advance given eral Grant's administration, which was entitled ''An act to strengthen by the Bank of England for American double eagle , but from this the public credit," and which was intended to settle that doubt and advance the bank has receded, and there is no commodity of certain silence cavilers, it was declared that- qnality and steady price that indicates any snch advance; a.nd it is The faith of the United States is solemnly pledjl;ed to the payment in coin or ita lleyond the power of man to say that such appreciation bas taken equivalent of all the obligations of the United Statea not bt~arinj.! interest known place. No European politicnl economist., so far as I have observed, as Unitetl States notes, and of all interest-bearing obligations of the Unite.d St.'\tes maintains it. On the contrary, it would seem as if gold had depre- except in cases where the law authorizin.!: the issue of any such ol>ligation bas ex- ciate<} in value, if the wages of labor afford any test, for wages are pressly provided th..'\t the same nmy be paid in lawful money or other currency than higher in the golden State of California in gold than in the Eastern gold ami silver. States in legal tenders, a-s shown in Young's late work on Wages in This was a declaratory act, and was an express recognition of the Europe and America. promise that the Govemment agents had made, that the bonds should It may be safely said that as a practical measure we have never lie paid principal and interest in gold. had a double standard in snccessfu.l opemtion in this cnuntry. We But gentlemen say that the word "coin" is used in the act, and not have tried the experiment, but it has failed. We had to change the the word" gold." To know what was intended by the word" coin" proportions in 1833, and then again in 1834, and again in um:3. It is we must look at the condit.ion of the metallic currency at that day. just as impossible to keep up a fixed proportion between the va,]ues of The subsidiary coins were not a legal tender beyond$:>, and conse- gold and silver as between wheat and corn, or whisky and tobacco. quently it did not mev.n that depreciated currency. The Rhode Island coloni ts tried it with their wampum-peage two The silver dollars were evideutly not in the contemplation of Con- hundred years ago, and failed. The values of all the e articles will greRs, for only $4,709,490 in silver dollars had been coin( d from the depend ou demand and snpply and other canses, and no legislation can foundation of the Government to the year 1869. Only $1,000 in silver prevent it. It never did prevent it and never will. dollars had been coined between 1805 and 1839. They formed no The only sonnd policy for any government to pursue js to have a part of the circulation ; practically they had uecome obsoleie, and single standard, and to use that metal for it which is mo t valuable not one payment in ten thousand .was made in the silver t say what I desire to in five 1876. CONGRESSIONAL RECORD- HOUSE. 4559 minutes, but I can express the hope t.hat this report may be rejected lar's worth of labor, and let him not be-a-s that gentleman proposes- by this House as a measure involving dishonesty, discreditable to the paid off at the rate of eighty cents. The laborer is worthy of his House and the country. hire, paid in good, sound gold money. Toe gentleman from Ohio [Mr. PAYNE] tells ns that. it would be Now, sir, I leave that proposition against the ptoposition of the dishonest to pay the foreign bondholders in silver which has so greatly gentleman from Pennsylvania. No man deals honestly by the pro- depreciated, and yet this report which he sustains proposes to go on ducing interests or the labor of this country who does not pr... pose as buying silver with gold-bearing bonds or money that would redeem soon as possible to pay them good, hard money for tho product or the such bonds in order to make the American people accept it when worth of their labor; and on that platform I have stood for years g1·eatly debased as money. Not valuable enough to pay the rich bond- against all the clamors for inflation and all the attempts to reduce holder, says the report, but more than valuable enough to pay the the money. of the United States to the level of the money of San farmer for his wheat and the laborer for his day's work:. It may be Domingo, where they take a market-basket full of it to market to answered that this report does not propose to issue 5 per cent. gold get a dozen of eggs for breakfast. The laws of supply and demand, bonds. It proposes, a~ I have said, to buy silver with money which say gentlemen, must regulate the value of money, whether it be gold, would buy these bonds and it leaves them outstanding. It proposes silver, or paper. 'Vhere you require a laborer to take, as in San Do- to bring t1@ to specie payments by enlarging our gold obligations, by mingo, $1,000 in money to buy his breakfast, are you increasing the adding to our gold expenditures in order to make a fractional cur- value of money by increasing the demand for itt I 1·egret that there rency of 50,000,000 for the purcha-se of the mere material of which is not more time to go into this whole subject, but there is not time, we pledge the reveRue~ of the country to the payment of $2,500,000 and I leave it. interest in gold annually. But more and worse, we incur this gold One word in answer to the gentleman from Tennessee, [Mr. BRIGHT.] indebtedness for the purchase of a uepreciatit~g commodity. A com- He says that we passed in 1!:iti9 that law of public credit and national mercial house in my district advised me but yesterday of the rate of fa.ith, one of the noblest laws ever passed by Congress as the repre- its purchases of silver during the last six months. sentative of the national and popular honor, without consulting the I submit the brief but suggestive statement: people in their popular assemblies. Sir, at the convention at Chicago Yon may be interested t-o know that- in 1838, one of the parties announced to the people of this country, and announced it in the face of those who were clamoring for repu· ~~~~}~i~~~~~: ~: ~~: ~:;~:::~~::: ~:~:~~:~ ~ ~ ~~::: ~::;::;:::::::::::: 1~ diation, that the people of this great Republic would not r('lpndiat<., but woulu pay their bonds according to the letter and the spirit of the contract. We went before the people on that platform, and rr~ ~1:~L ::::~:::::::::~:::~::::~ ::::::::~:::::::::::::~: : : : : !~ among others, the people of Tennessee, my honorable friend's own State, and by more than 20,000 majority the people of that Stat.e ap- proved that platform, and the people of the whole country elected To.ua.y ............................ : ................ ... .............. .. ..... 1 06 upon it a majority to this House, which, with the Senate, passed the all gold, for silver bullion, 9.9+ fine, mint assay, per troy ounce. Say to-day $l06 act of 11;(i9. It was one of the most glorious tributes ever rendered gold per troy onnoo against $1.21~ gold per troy ounce in January. by a republic to public virtue and public honesty. It showed that Shall we go on and bind the laboring-people, the farmers, the man- the intelligent American people would repudiate demagogues, but ufacturers, the capitalists of this country, to pay $2,500,000 a,nnnally would not repudiate public faith nor national honor, the two price- in gold for a mat-erial out of which to make fractional currency while less jewels of om Republic. it i8 declining with the mea-sure of rapidity iuclicated by these pur- Mr. BRIGHT. Mr. Speaker- chases f Can we increase our power to pay our debt by depriving onr- Mr. KASSON. I have but a few minutes. sel ves of one of the great elements for its payment f Can we increase Mr. BRIGHT. I only want to make a correction. I suppose the our resources by depriving silver of its quality of money and yet gentleman does not wish to do me an injustice. using it as a mere toktm coinagef What has depreciated silverf We Mr. KASSON. I certainly do not; and if it is not taken out of my and Germany uy demonetizing it have deprived it of its use and con- time I '\'fi11 yield. sequently of its value. Silver is valuable as money. It is no longer The SPE.A.KER p1·o ternpore, (Mr. SPRINGER.) It must betaken out used for plate. Families do not have it converted into table services; of the gen!teman's time. they can get white metal in forms of equal beauty and the robber :Mr. KASSON. Then I hope I will be allowed to go on; and if I will not carry them off, for he cannot melt it into ingots as he can sil- have done the gentleman any injustice he will have an opportunity ver. Nickel-plating is cheaper and more durable than silver-plating. to correct it. So that, by demonetizing silver, we who own the most valuable silver Now to this report, which is before the House, it is not a proposi- mines of the world, depreciate its value and will soon close the least tion that leads logically to all this debate upon the legislation of pa~t years. There is no proposition in it to demonetize silver, to productive mines and will thus deprive another class of laborers of opportunity to earn wages. We it is who are running .up the price change itslegal-tenderquality, nor to increaset.hepublicdebt. There of gold, measuring the price by all our commodities, including silver. is a proposition in it simply to ~~t silver small coin into circulation We are running it up as rapidly as the mercury went up a few days thraughout t.he borders of the united States in response to earnest ago in yonder thermometer, proving that our unchangeable standard demauds for it. The whole purpose of the Committee 011 Banking is of everchanging value. aml Currency and of the committee of conference, as I understand it, I pray you, Mr. Speaker and gentlemen, to pause. Stand by the is to facilitate the remonetizing of small silver by providing for its provisions of the Constitution. Maintain the first dollar you ever more rapid coinage and llistribution among the people. There is not had, and the only dollar you had until 1834. Then other nations rated a clause in this report, as I understand it, that proposes to increase silver at 15!; that is to say, that silver and gold bore the relation of by one dollar the debt of the United States, whether IJondeuorother- 1 to 1f}t. Gold was discovered in the Southern States, and in order wise. There is a clause that authorizes the exchange of one kind of to make a market for it we 1mt silver up to 16 to 1, that other nations .money for its full value in silver bullion to be coined and di tributed might thenceforth take our silver and Jeave us our gold When wo among the people, in order to increase the stock of silver coin in cir- put it up to 16 to 1 it was more profitable to take our silver, and it culation iu the community. That is the whole purport of this prop- was exported, leaving gold to circulate. In the present conclitiou of osition. ..A. vote for t.he report. is not a vote to demonetize silver, bnt her affairs, Germany would be compelled to remonetize silver if we it is a vote t.o remonetize it and to satisfy the demand of the whole re-establish our old dollar whrch the joint resolution of March 18, community for f1 supply of silver change. 1860, fully recognized. We are the masters of the situation. When we [Here the hammer fell.] pay the German bondholders in silver dollars such as they agreed to Mr. COX. I now yield to the gentleman from Illinois [Mr. Bml.- receive, Germany, which is to-day struggling to get gold enough to CHARD] for five minutes. maintain her credit, will remonetize her thaler and other silver coins, Mr BURCHARD, of Illinois. I shall vote t,o concur with the re- and our joint action will restore the olu relation of 15t or 16 of silver port of the committee of conference, although I supported the amend- to 1 in gold. The oft-referred-to resolution of March 18, 1869, is as ment of the gentleman from Indiana [l\lr. LA....~ERS] authorizing the follows, and proves our right to pay our debt, principal and interest, coinage of the silver dollar. This dollar, issued under the law of 1792 in silver coin : and the law of 1837, was the unit of value and a legal tender in pay- ment of all debts, and is a legal t-ender to-day unless the provision The faith of the United States is solemnly pledged to the payment in coin or it.S equivalent, of all the obligations of the Uniten States not bearing inter~st has been repealed in the revision of the laws. known as United States notes, and of all interest-bearing obligations of the United Mr. LAWRENCE. Repealed by the act of 1873. States, except in cases where the law authorizing the issue of a.ny such obli.,.ations Mr. BURCHARD, of Illinois. I said by the revision of 1873. I do bas expressly provided that the same may be paid in lawful money, or other cur- not mean the coinage act, but the revised code of 1873. As this re- rency than gold a.nm Iowa, [Mr. KAssoN.] the amendment of the gentleman from Indiana [Mr. LANDERS) and :Mr. KASSON. I answer the gentleman from Pennsylvania [.Ur. also provide for the i sue of the legal silver dollar, and the commit- KELLEY] appealing for the rights of labor that we who sustain"this tee of conference on the part of the Honse have only been able to se- report demand of this House so to provide that you shall not cheat cure the coinage of -o,ooo,ooo of subsidiary silver coin, I am willing the wages o.f labor at the rate of eighty cents for a dollar's worth of to take what I can get. I am glad to have one conference committee service by making silver an unlimited legal t.ender when more de- report an agrPement. preci.ate~ than vaper money. If we owe the laborer a month's wages, ~1r. LANDERS, of Indiana. Allow me to correct the gentleman. I let h101, m Gods name, have a dollar's worth of real money for a dol- did not agree to the report. 4560 CONGR.ESSIONAL RECORD-HOUSE. JULY 13, Mr. BURCHARD, of illinois. The majority of the committee of con- Did we guarantee the va.Iue T Did we promise that if gold appre- ference did. All legislation is the resl)lt of concession and compro- ciated and silver declined we would cease to mint or use the silver mise among individual members as well as between the two Houses. dollar :1nd pay in the more valuable metal f Unless our legislation Because I cannot get all that, I want I shall not decline to accept what has depreciated or debased the coin, we are under no legal or moral is satisfactory to me as far as it goes. This much I desired to say in obligation to pay our public debt in any coin better than the silver justification of tho e who voted for the amendment of the gentleman dollar, then legal tender and unit of value. If our legislation has from Indiana, but will now vote to concur in this conference report. caused the depreciation, we have the right and it is our duty to Ulldo Prior to the organization of the Government, in 1786, under the Con- the evil. federation, the Spanish milled dollar was recognized as the unit of The funding act of 1870, which authorized the refunding of $1,500,- account and the standard of value. That dollar, or its equivalent, 000,000 of the national debt at lower rates of interest, and under the .American silver dollar of 371! grains of pnre silver, for nearly a which 500,000,000 of 6 per cent. bonds have been refunded into 5 century continued not only the unit and standa,rd of value, but a per cent. bonds, expressly provided that the bonds thus issued should "legal tender in payment of all sums whatsoever." be payable in coin of the then existing standard of weight and purity. The coinage act of 1873, unaccompanied by any written report upon The act itself excl~1des the idea that this coin must be gold, for a the subject from any committee, and unknown to the members of subsequent section of the act authorized the deposit of gold in the Congress, who without opposition allowed it to pass under the belief, Treasury for which gold certificates by the terms of the act were to if not assurance, that it made no alteration in the value of the cur- be issued payable in gold. The bonds were to be paid in coin of the rent coins, changed the unit of value from silver to gold. It made the weight and purity established by law; the gold certificates must be gold dollar the unit of value. It omitted the silver dollar from the paid in gold. list of silver coins, although the Mint at Philadelphia was then c.oin- The coinage act of 1873 provided for the issue of a trade-dollar of ing the same silver dollar and had during each of the two preceding 420 grains of standard silver. It failed to provide, in fact impliecUy years coined more than a half million of silver dollars. forbade, the coinage of the silver dollar. That silver dollar still re- Our monetai'Y system had adopted and vms based upon both gold mained a legal tender for payment at its nominal value of any sums and silver as its standard of value. The coins of each metal were whatever. legal tender; those of gold had been changed. The eagle of to-day The revisers of the code completed the work of degrading the ail- contains 15f0 less grains of pure gold than the eagle coined from ver dollar and overthrowing the standard of value established by onr 179'2 to 1834. The silver dollar coined in 1872, under the act of 183i, fathers. The code proviJes that silver coins shall be legal tender contained 371! grains of pure silver-the identical weight of pure only for sums 11ot exceeding 5. silver in the silver dollar estabUshed in the first coinage act pas ed The recognition of silver dollars as, jointly with gold coins, a stand- by the Government. The relative values of gold and silver were ard of value and their coinage at the Mint will stay the rapid appre- established by that act at 15 of the latter to 1 of the former. The alloy ciation of gold now so manifest in the depressed and falling price, was one-twelfth for gold coin and about 101 per cent. for silver coin. measured in gold, of commodities throcghont the world. To restore All gold and silver coins i sued from the Mint were made a lawful the silver dollar is just to the public creditor, the private citizen, and tender in all payments whatsoeYer. above all to the people whose earnings must procure the coin tore- It was further provided by the act of 179'2- deem the promise of the Government to pay its debt in coined dollars That the money of account of the United States shall be exylressed in dollars or of the standard established by law when the debt was contracted. units, dimes or tenths, cents or hundredths, and mills or thonsandths, a dime being But I do not insist upon tying this great question, this importn.nt the tenth part of a. dollar, a cent the hundredth part of a dollar, a mill the thou- subject of legislat.ion, to a proposition which I also heartily favor and sandth part of a. dollar, and that all accounts in tho public offices and nll proceed- desire to pass, to supply a much-needed circulation of subsidiary sil- ings in the courts of the United States shall be kept and hat! in conformity to this regulation. ver coins. The demonetization of silver in 1873 was done ignorantly, hastily, The eagles were each "to be of the value of $10 or units, and to and inadvertently. Its restoration should be undertaken careftuly contain 247! of a grain of pme or 270 grains of standard gold." and considerately and accomplished after full discu sion and due de- The d{)llars or 1mits were each "to be of the value of a Spanish liberat.i on. When we have secured the $50,000,000 subsidiary silver milled dollar as the same is now current, and to contain 371-fo parts coin, we will see what can and ought to be done about the silver of a grain of pme or 416 grains of standard silver; l!alf dollars each dollar. to be of half the value of the dollar or unit." .Mr. CANNON, of illinois. Mr. Speaker, I simply desire to say that, The acts of 1834 and 1837 changed the standard of purity for both though I favor the continued coinage of the silver dollar and making gold and silver coins, so that gold coins were mn.de to contain nine- it a legal tender as it was prior to 1873, yet, for the reasons advanced tenths instead of eleven-twelfths of pure go1d, aml the silver coins by my colleague [Mr. BuRCHARD] and others, I shall vote to concur bv the act of 1837 were made to contain nine-tenths of silver and in the conference report. one-tenth alloy. The increased purity of the standard was compen- Mr. cox. I now yield to the gentleman from Ohio [Mr. GARFIELD] sated by a diminution of the weight of tile silver coins, so that the for ten minutes. dolhr silver coin and the fractional parts of the dollar contained the Mr. GARFIELD. I can hardly conceive a situation in which the same amount of pure silver as requirecl prior to the passage of the H ld b b ht dir tl f t f 'th h t act for the same denominations. The dollar was e tablished at the ouse con e roug more eo Y ace 0 ace Wl w a seems to present on the one band public honor and on the other the deepc t weight of 412t grains, the half dollar of the weight of 206! grains, public disgrace than the alternative propositions now presented to and lesser coins at the proportional number of grains ,that their pro- this House iu this report. Everything in the way of controversy portional value bore to the silver dollar. It was also provided- hinges upon the proposed amendment of the gentleman from Indiana, That dollars, h'l.lf dolL'lrs, and quarter dollars, dimes and half dimes Rhall be le- [1r1r. LANDERS.] It is claimed that, by the terms of the act of 186!) gal t.endera of payment aooording to their nominal value for any sums whatever. it would be lawful for us to pay the public debt in silver dollars such1 The gold coins were to consist of eagles, weighing 258 grains, and as lnight have been coined under the law as it stood in 1861. the half and quarter eJtgles, containing respectively oue-half and one- Now I desire to recall to the mind of the House the letter and th6 fourth as many grains of standard gold. While silver coins issued spirit of that law. After all the doubt and the turbulent excitement prior to the passage of the act continued a legal tenderfortheirnom- about what the actual obligation of the nation was in regard to the inal value only, gold coins issued after J uJy 31, 1834, remained a public debt, the first act of tho Congress approved by President Graut legal tender. made a solemn declaration designed to put all those doubts to rest. In 1853, without changing the standard of pmity of coins in any It was declared by Congress that- respect and without changing the weight of the silver dollar or its The faith of the United States is soiemnly pledged to the payment- relative exchangeable value or unlimited legal-tender power in pay- In what f Not in silver, not in gold, not in coin, but- menta, Congress provided for coining silver coins subsidiary to the ail ver dollar and reduced their weight. It provided for a silver half in coin or its equivalent of all the obligations of the United States not bearing in- terest, known as United State.~ notes, and of all the interest-bearing obligations of dollar of 192 grains of standard silver, a quarter of a dollar of 86 the Unit.ed States, except in cases where the law authorizing the issuo of any uoh gr8.ins, as well as a dime and half-dime correspondingly reduced in obli.~ations has expressly provided that the same may be pa1d in lawful money or value. other currency than gold and silver. The silver dollar was not named and not disturbed. The coins Mr. LANDERS, of Indiana, rose. mentioned and provided for in the act were made a legal tender for Mr. GARFIELD. I decline to be interrupted. The declaration sums of $5 and less. there was that. the payment of all these national obligations not Thus stood our coinage and standard before and during the con- specifically cmrency obligations was to be in" coin or its equiva- traction of our present large indebtedness and at the time our out- lent." Now, what did Congress mean Y What were our laws before standing United States notes and bonds were authorized and issued. 1861 t Why, Mr. Speaker, since 1834 we have had one standard, a 'l'he laws authorizing national loans from 1861 to 1875 provide for dollar; and we have by law embodied it in two metals, gold aud payment in lawful money or in coin. They promise to pay dollars. silver. But all the time, in order to have one standard, not two, we The dollar or unit was, and continued until 1873 to be, the silver dol- have _sought to make the coins of the two metals conform to the one lar of 412-t grains of standard silver a~ well as the gold dollar of 25.8 standard; keeping the amount of metal in one so adjusted to the grains of standard gold. The public credit act of 1H69 was a pledge amount of metal in the other that a dollar of gold shoulcl be equiva- to pay the bonds in coin or its equivalent. Our dollar or unit of value, the standard for over eighty years, the silver dollar weighing I lent to a dollar of silver. Every hour that we had a double standard it was double only on the ground of equivalency; and when by rea- 412!- gra.ins, still " a legal tender in payment for any sums whatever," son of the shifting value of the two metals in reference to each other, was being coined and issued by the Mint. the silver dollar and the gold dollar have varied from each other in ' 1876. CONGRESSIONAL RECORD-HOUSE. 4561 value, Congress has undertaken to equalize them by increasing the The SPEAKER pro tempore. The time of the gentleman from Ohio amount of metal in one or decreaeing the amount of metal in the ha-s expire(l. other. We always sought to avoid the evil of having two kinds of Mr. COX. I now yield five minutes to the gentleman from Kansas, dollar, one worth more than the other. And when Congress promised [Mr. PmLLIPB.] · to pay in coin it was a promise to pay gold coirr or silver coin of equal 1\lr. PHILLIPS, of Kansas. Mr. Speaker, there are several features in value to the same nominal sum in gold. I cannot believe that this the bill reported from the committee which it behooves this House care- statement will be denied. fully to consider. What I wish first to state to the gentleman from Ohio Congress saw a few years ago that it was going to be difficult t.o in order to correct what he bas said is, that while he read from the keep up the equality or equivalency of the dollar in the two metals; statute, he did not read it all. First it states that the obligations of so it dropped one of the metals, except as a subsidiary coin, and left the United States shall be paid in coin or its equivalent, and next the national standard of value embodied in the other, namely, in gold. that they may be paid in other currency than gold and silver in case Now, the fact that in 1873 we adopted a device to preserve the con- the obligation does not require them to be paid in gold or its equiva- stancy of the value of the dollar does not by any means signify that lent. we meant to change the old obligation so that men to whom the Gov- I wish to say a word further to the gentleman from Ohio. He en- ernment owes money can lawfully be paid in money of a different value. deavored to create an impression upon the Honse that the design was By monetary changes abroad and by mining developments at home by the word "equivalent" that Congress should be compelled when it has happened that to-day, by re:u~on of the fluctuations in the rela- silver declined to add to that silver enough to make it equal to gold, tive values of the two metals, silver has so depreciated that if it were and when gold declined to add to it enough to make it equal to silver. now a legal standard of payment of all amounts the employes and Read the law, and gentlemen will see that such was not its purpose. other creditors of the Government could be compelled to accept sev- Such is not the language, Mr. Speaker, and such was not the intention enty-nhie cents as full payment for every dollar due them, and thus of the law. The real design was that if the payments were made in they would be swindled to the extent of twenty-one cents on the paper or other evidences of credit or money, that it should be at their dollar by being compelled to receive silver rather thangold,ortothe. gold market-value. · extent of ten cents on the dollar by paying them silver rather than What I wish to impress upon the House as a practical question in- Treasury notes. And the most amazing feature of the case is that volved in the Lill as reported is this: that the demonetization of sil- some good men, holding these places of high responsibility, do not ver in Europe by the four great powers has caused a decJine in silver see that this would be as dishonest as ·it would be ruinous in its re- more than our production. The production of silver in the Nevada sults to the credit of the nation. mines by application of improved machinery alarmed oriental and Let it be remembered that we are solemnly bound by the act of other nations which absorbed it. It also alarmed the leading nations 1869 to payincoin oritsequivalent. Dare any mansaythatwecan pay in Europe and they demonetized it. What was the result T They in this so ~eatly depreciated silver and really obey the law of equiv- stand to-day on the edge of the most terrible financial crisis that ever alency whiCh was the basis and spirit of the statute of 1869 f He de- threatened any set of nations. And to-day where do we stand f We nies the principle of equivalency who proposes to pay in this silver have a resumption act by which it is proposed in little more than two coin. He violates the law who violates the essential object of it- years to put the whole of our credit upon a gold basis; and we pro- equivalency. pose in. this bill, I say, in spite of what the gentleman from Iowa [Mr. If you insist on paying in silver, then I insist that your silver dol- KAssoN] has said, to take a step to demonetize our silver coin and to lar mnst be equivalent to your gold dollar. Do gentlemen consent to take away one of the elements of the coin of the Republic-our con- maintain equivalency in the two standards and then pay in silver! stitutional money, legal coin when all our debt was contracted. It Manifestly not. Their incentive is gone the moment they are asked is proposed to place the whole public and private indebtedness, the to pay one hundred cents on the dollar. Some one has said that there whole floating debt of the country, not upon gold and silver coin, but is an innate desire in the human mind to get a chance to cheat some- npon a narrow basis of gold coin alone. We have a pyramid of pub- body. A great minister once said that there were two things in hu· lic and private credit on a basis of gold and silver, and now we pro- man nature which when united always made iniquity complete-one poie to take one-seventh part of the base away. If that be done, I was tbe desire t.o do a dishonorable thing, and the other was the op- say the credit of the Government, the credit of the individual, with portunity to do it. It has happened in t.be fluctuations of these met- this basis diminished from gold and silver to gold alone, will crumblo als that there is new a notable opportunity to cheat several millions in the most awful crash that ever visited a nation and shattered its of men by adopting the baser metal as the standard of payment, and credit and commerce to pieces. thus accomplishing a swindle on so grand a scale as to make the The purpoae of the law as here proposed, tbe alarming fact with achievement illustrious. By the proposed measure one-fifth of the reference to it, as it comes from the Senate, is that it demonetizes enormous aggregate of public and private debts can be wiped out as the old silver coin. The gentleman from Iowa, [Mr. KAssoN,] who with a sponge. This nation owes $'2,100,000,000, and private citizens of says he wishes to pay labor not in one hundred and sixty cents for the United States probably owe 2,500,000,000, possibly more. At the two dollars, but in two hundred cents-to that gentleman I wish to present moment the relation of debtor and creditor in the United state that be really does not propose to do anything of the kind. States involves nearly $5,000,000,000. It is proposed by the amend- On the contrary, he proposes to go to a gold basis with $5 as the low- ment of the gentleman from Indiana. [Mr. LANDERS] that at one fell est amount of gold coin, and this reduced, and f~st reducing in value stroke one-fifth of all this enormous sum shall be wiped off, repudi- coin of sn bsidiary silver, halves and quartflrs, as a legal tender for ated, and that this process shall be called honest legislation! Since $5 or 20 and thereby proposes to pay to the bondholder in :five- I have been in public life I have never known any proposition that dollar gold pieces, and the laboring-man not in gold coin but in sil- contained so many of the essential elements of vast raacality, of col- ver coin at, as he says, one hundred and sixty cents on two dollars, lossal swindling, as thit;. I' do not charge tbat such is the purpose of which is the only thing in which he can be paid for his labor and the the gen+;leman; but such, in my judgment, is the effect of the amend- only thing in which he will be paid. I am amazed at a gentleman of his ment proposed. But, aside from the political ethics involved in this intelligence urging such a meaaure with such an argument. scheme, we should consider its effects upon the business of the country. Mr. Speaker, there are some things in the report to recommend it. Gentlemen may remember the :financial shock of 1837, the later The alarming feature, however, is that it incorporates those things shock of 1857, and. that still later in 1873. Conceive them all united steadily and persistently brought into the House in the interest of in one vast crash, and the financial ruin, the overthrow of business money to increase its value and always give them t.he highest-priced would be light in comparison with the shock which would follow if article. You can see by the statute just read that it was not until the principle here proposed were adopted. By a principle improperly 1869 the attempt was made by legislation to fix any coin payment in called "Gresham's law," for it was known as far back as the days of the statutes-several years after the war closed, and after the obliga- Aristophanes, where two legal standards of value are put m circula- tions were incurred. You can see from that day, step by step, at- tion in the same country, the less valuable always drives out the tempts in legislation to increase the value of these securities. You more valuable. Put in operation the provision now suggested, and can see, step by step, the destruction and demonei ization of silver to all our gold coin will leave the country as fast as it can be carried destroy that constitutional coin and elevate tbe value of these secur- abroad. Do this, and a revolution in our monetery affairs utterly un- ities by paying them in an article much higher, an article 20 per paralleled in the history of our nation will follow. The gentleman cent. higher than the old constitutional coin in which we can legally from Pennsylvania, [Mr. KELLEY, 1in his remarks, ~ave the key to the pay them. We have it in our power now to force the remonetization philosophy of this proposed legislation. "Why,' said he, "what of silver a-s coin, and thus increase its value. It seems as if all these does a man want to do with silver when he can have something made changes of legal standards were in the interest of the bondholder, of white metal that the thief will not care to steal f" What is the home and foreign, and the only interest which does not seem to stir meaning of that T It is that he wants money so cheap and so value- the sympathies of this House is the interest of the long-suffering tax- less that nobody will care to steal it. payer. Mr. KELLEY.. I was speaking not of money but of household [Here the hammer fell.] utensils. [Mr. HOLMAN addressed the House. His speech will appear in Mr. GARFIELD. It amounts simply to the grim summary of the Appendix.] Thomas Carlyle, the theory of" cheap and nasty," quantity at the [.Mr. CANNON, of illinois, by unanimous consent, obtained leave to expense of quality, glittering sham at the expense of reality. have printed in the RECORD remarks on the pending bill. See Ap- The SPEAKER pro tempore. The gentleman's time has expired. pendix.] Mr. KELLEY. Does the gentleman from Ohio mean to say I speak Mr. COX. I yield five minutes to the gentleman from Pennsylva- o~ white-metal for money f If he does he will compel me to denounce nia, [Mr. RA...~DALL.] his statement as false. · Mr. RANDALL. It wotild be well to inquire what it really is that IV-286 4562 CONGRESSIONAL ·RECORD-HOUSE. JULY 13, this bill embraces. The first feature as to which there seems to be no movements may not be observed, just so there has been within the difficulty in either House relates to taking away from the trade-dollar last few years a gradual appreciation 1n the value of gold, and we as legal-tender qualities. I need not consume any time upon that ques- a nation, the greatest silver-producing nation on the planet, are asked tion. Both Houses have voteject. act to purchase sites in Texa.s for forts and military posts; which was U. S.GRANT. referred to the Committee on Military Affairs. W .ASHINGTON, July 13, 1876. LEAVE OF ABSE~CE. To the President : By unanimous consent, leave of absence was granted as follows: The Secretary of State has the honor to report that upon the 2tl day of June he To Mr. :FAULKNER for two weeks; and received a copy of a resolution of the Honse of Representatives in the following words: · To Mr. PHILIPS, of Missouri, an extension for twelve clays. · "Ruolved, That the Secretary of State be direct,ad, if not inconsistent "ith the MRS. ELLEN J. BROSNAN. public service, to fnrnish to the Honse copies of the correspondence between the State Department and the government of Great Britain in relation to the seques- On motion of Mr. CONGER, by unanimous consent, leave was given tration of the lands and property in New Zealand claimed by William Webster, an to withdraw from the files of the House papers in the case of Mrs. American citizen, by purchase of the native chiefs of that country by Webster be- Ellen J. Brosnan, there being no a-dverse report thereon. fore its cession t() and occupation by the British government.' No correspondence has taken place between the Department of State and the ORDER OF BUSINESS. b>Overnmentof Great Britain in relation to the sequestration of the lands and prop- :Mr. MAcDOUGALL. Will the gentleman from :Michigan [Mr. erty in New Zealand claimed by William Webster, an American citizen. In the years 1841 to 1844 certain correspondence was had between the legation in London HuBBELL] yield to me for a moment f o.nd the foreign office of Great Dritain in reference to the general q_uestion of land Several members called for the regul:J.r order. titles held in New Zealand by American citizens, but no correspondence has taken The SPEAKER pro tempcn·e. The regular order is the motion of the place in regard to the particllla.r claim of Mr. Webster. Respectfully submitted. gentleman from Michigan [Mr. HUBBELL] that the House adjourn. HAMILTON FISH. The question being taken, there were-ayes 80, noes 67. DEPARTMENT OF STATF., Mr. SPRINGER. I call for tellers. Washington, July 13, 1876. Tellers were not ordered. The message and accompanying papers were referred to the Com- So the motion was agreed to; and accordingly (at four o'clock p. mittee on Foreign Affairs, and ordered to be printed. m.) the Hoose adjourned. VINDICATION OF THE CLERK OF THE HOUSE. Mr. WAIT, byunanimoos consent, submitted the following report: PETITIONS, ETC. The special committee, to whom was referred the resolutions snbmitted by Mr. The following memorials, petitions, and other papers were pre- WHITE, and adopted by the Honse on the 26th of April last. directing an inquiry sented at the Clerk's desk under the role, and referred as stated: into certain alleged improper attempts of the Clerk of the HousA and his subor- By Mr. CULBERSON: Memorial of the Cherokee Nation of Indians, diDR.tes to influence legislation, beg leave to report: by their delegates at Washington, District of Columbia, protesting That on investigating the facts they find no foundation whatever for the charges contained in the news_paper article recited in the preamble of the resolution; and against the allowance of the claim of the North Carolina band of executing the specific wstructions of the House they find from the testimony taken Cherokee Indians to any part of the funds or annuities belonging to by the committee- • the Cherokee Nation, to the Committee on Indian Affairs. FiPst. That neither the Clerk nor his subordinates have "violated any law or By :Mr. HOPKINS: Memorial of tbeCbamberof Commerce of Pitts- done any act inconsistent with their position as employ6s of the House;" and Secondly. That "further legislation" is not necessary to protect the Honse from burgh, Pennsylvania, showing the retirement from that city of Hall's nndue infiuenoe on the part of its officers and employes. SafeCompanybecaoseofthediscriminationsagainstthatcityinfreight The committee recommend that the resolution be laid on the table and the com- charges by railroad companies, to the Committee on Commerce. mittee discharged. By Mr. LANE: Remonstrance of the people of Flint District, Cher- The report was adopted. okee Indian Nation, against the establishment of a United States Mr. WAIT moved to reconsider the vote by which the report was territorial government over the Indian Territory, to the Committeo adopted ; and also moved that the motion to reconsider be laid on the on Indian Affairs. table. By 1\Ir. WELLS, of Missouri : Memorial of William Elbart, Henry The latter motion was agreed to. Fox, Louis Muir, and several hundred cigar manufacturers of Saint Louis, Missouri, that the six-dollar tax per thousand on cigars be re- BANKltUPTCY. pealed and a tax of $5 per thousand be Rubstitnted, thereby restor- Mr. SAMPSON obtainocl the floor, but yielded to Mr. LYNDE. ing the tax on cigars to the amount it was prior to the passage of the Mr. SCHLEICHER. I rise to a question of consideration. act approved March 5, 1875, to the Committee of Ways and Means. 1876. CONGRESSIONAL RECORD-SENATE. 4565 IN SENATE. silver at this day is very low; that it is more depressed than it bas ever been heretofore; but the cause of this depression is well under- FRIDAY,, July 14, 1876. stood. It can only be temporary. In my opinion the fact that silver is now so depressed is the stronger reason why we should avail our- Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. selves of its existence to make it a legal tender, because by making it· The Journal of yesterday's proceedings waa read a.nd approved. ~ a legal tender a value would be imparted to it, to say the least, equal to EXTENSION OF LEGISLATIVE SESSION. green backs ; you would thereby furnish to the debtor class the means The PRESIDENT pro tempore. Is there objection to the Chair call- of payment equal to greenbacks, and enable the country to carry out ing for morning business 7 all it.s contracts based at the time they were made on the basis of pa- Mr. EDMUNDS. Subject to the regular order. per when it was worth from 15 to 20 per cent. less tha.n gold. The PRESIDENT pro tempO're. The Chair hears no objection, and We have provided by law for the resumption of specie payment at the legislative session will be continued subject to objection. a given time. Whether that be a wise law or not is not now prop- erly a question to be discussed; It is there, and it is not worth while HOUSE BILLS REFERRED. upon an occasion like this to criticise it. We are bound to resume at The following bills from the House of Representatives were sever- a given time if this law is not repealed, to wit, on the 1st day of Jan- ally read twice by their titles, and referred to the Committee onMili- uary, 1879; and whether we succeed in resuming or not efforts will t.ary Affairs: be made to do s6. The consequence will be that greenbacks will be A bill (H. R. No. 36) to restore the name of Captain Edward S. continually appreciated until they will be equal in value to gold. Meyer to the active list of the Army ; and That being so, every existing obligation contracted at the time when A bill (H. R. No. 2653) m,aking an appropriation for the improve- this paper money was worth 15 to 20 per cent. less than gold will ment and repair of the military road betweeD- Springfield and Fort have to be paJd in greenbacks equal to gold. The effect of this will be Randall, in the Territory of Dakota. . oppressive, especially on the debtor class. How can that be avoided! The bill (H. R. No. 800) relating to the promotion of commodores on I see but one way, which is to provide a coin-a silver coin-to take the retired list of the Navy was read twice by its title, and referred the plaee of those greenbacks which necessa.rily will appreciate to the to the Committee on Naval Affairs. value of gold. Silver, the old standard dollar of 41~.8 grains, the REPAVEMENT OF PENNSYLVANIA AVENUE. money which has existed in this country from the very beginning of The PRESIDENT pro ten~pore laid before the Senate the following the Government, ought to be provided and made a legal tender so as concurrent resolution of the House of Representatives; which waa to But take the place of the paper legal-tenders. we are told by Senators, and the public press coincides with read: the sentiments expressed on this floor, that gold is now too low and Resolve~! b-y the Hot£8eof Rep1'esentatit1&, (the &nate concurring,) That the confer· erence committee on the bill of the House (H. R.. No. 3411) for t.h e repavement of that the money thus issued would be depreciated money. In my Pennsylvania avenue be authorized to correct their report, namely, so tha.t it will opinion, if you will impart to silver the character of a legal tender, read, instead of in "line 2"2, (section 3,)" "lines 16 and 22 ;" also to insert in the you will give t.o it a value at lea.st equa.l to green backs, and it would matter inserted in lien of lines 27 and 28, same section, aft.er t.he word "Columbia" be better that it were notworth more than this paper for sometime the words "from money;" also, after the mat.ter inserted after the word "it," line to come. Impart to silYer a value equal to gold and issue twenty 3, section 7, strike out the rest of the sentence in line 4, to wit, the words "is neces· 1 sary to make an even and regular grade." thirty, forty, or a hundred millions, and what would become of it 'f It would be treated just as gold is now treated, aa an article of mer- The resolution was concurred in. chandise. It would not circulate. It would accumulate in the great ISSUE OF SILVEB COIN. centers of trade, and the country would have no more in circulation Mr. SHERMAN submitted the following report: than it has now of gold. Not that I favor a depreciated currency, The committee of conference on the dis1l>greeiug- votes of the two Houses on the but I favor a coin which, for the time being, in a moment of suspen- amendments to the joint re80lntion (H. R. No. 109) for the issue of silver coin having sion of. specie payments, as is the fact now, will take the place of the met, after full and free conference have agreed t.o recommend, n.nd do recommend, irredeemable paper money and enable contracts to be fulfilled upon to their respective Houses, as follows: a basis of the same character in which they were entered into orig- That the House recede fro•..1 its disagreement to the first amendment of the Sen· ate to said joint reso~ution, and agree thereto amended, as follows : inally. I furthermore believe that resumption of specie payment is In line 4 strike out the wor1l "now" and insert "at any ·me." an impossibility as long as we maintain the one gold standard. The And the Senate agree to the same. only way to effect this is by issQing silver coin and make it a legal That the SenaLe recede from its disagreement to the a.mendment of the Honse to tender, and if between this da,y ant the present time is the best for the application of contracts, the-se conservators of prices, of the relations between capi- t.his remedy. Gold has risen, and with it the greenbacks, which, owing tal and labor, of property, of civilization, these we do not protect at to a perversion of the law, are now based upon gold. I say that gold all. More than this, we propose to (lestroy that one of them which and gr~enbacks have risen so high that the latter will purchase in we produce in the greatest abundance and to adopt the one which the market enough silver to render possible the resumption of specie Great Britain almost monopolizes. payments in silver. The accomplishment of this result would put Twelfth. The tmde of Asia lies at our doors. Instead of opening au end to the existing full of prices and tightness of loanable funds. these doors to it, we propose to double lock and bolt them. .By assist- Let the present opportunity pass and it may never again be in our ing to lower the purchasing power of silver we deny ourselves all the power to recall it. profits of this gren.t commerce. Third. That, in order to consolidate her recently-established unity, Thirteenth. You will render almost valueless a vast portion of our Germany has resolved to call in the numerous silver coins of her com- possessions stretching from Mexico to Alaska. Adding to this your ponent states and issue gold coins instead. Her efforts to ca.rry out one-sided taxes on iron, steel, tools, chemicals, and the numerous this policy, which, whatever may be its wisdom from a political or other commodities employed in the production of silver, you will dynastic point of view, is financially unsound and dangerous, b38 cause great discontent among the people of the Pacific con.st States, caused a rapid rise in gold and fall in silver. The nature of this per- arid induce them to believe that they are denied that equal protec- turbation in the long-standing relation between the metals is-such tion and encouragement which they are entitled to under the terms of that it can only be temporary. While it i~ Oltr l last opportunity. No the Constitution. 4568 OONGRESSION.AL REOORD-SEN.ATE. JULY 14, Fourteenth. The size of a unit of value is of no account except be- tion of the articles of impeachment exhibited by the House of Rep- tween debtors and creditors. Give these a unit which accurately resentatives against WiUiam W. Belknap. measures the contracts between them and you do justice to both. The Senate then proceeded to the trial of the impeachment of This is what was done in 1792 by adopting the silver dollar. This is William W. Belknap, late Secretary of War. what would be done by adopting it now. No man would complain The Senate sitting for the trial of the impeachment of William W. and the country would enjoy an immense relief. Belknap having adjourned then resumed its Fifteenth. Subsidiary coins are only tokens representing gold. Sub- LEGISLATIVE SESSION. stantially they are promises to pay gold printed on silver. They had better be printed on paper; it .is cheaper. The PRESIDENT pro tempore. The ~enattl resumes its legislative Sixteenth. The error which lies at the base of all erroneous views business. on this subject is the supposition that gold is immovable. But this PETITIONS AND MEMORIALS. is fallacious. Gold is subject to the same laws of supply and demand Mr. CONKLING presented a petition of shipping merchants of New as other commodities. It rises and falls just the same. This fact is York, praying the passa~e of the House bill relat1ve to the distribu- discernible whenever it is v~lued in any other commodity than itself. tion of the Geneva award; which was referred to the Committee on Whatever there seems to be of fixity about gold applies with even Com.nlerce. I greater force to silver, because Hs production and consumption are He also presented a petition of citizens of New York and a peti- more regular. The assumed immobility of gold reminds one of the tion of ship-owners of New York, praying the passage of House bill geocentric theory of the universe, which theory assumed the earth to No. 3187 to amend the Revised Statutes relative to merchant seamen; be stationary and all the planets and the sun to revolve around it; which were referred to the Committee on Commerce. wherea-s we now know that the e::r.rth revolves around the sun and the REPORTS OF COMMITTEES. sun itself around some more distant center. Mr. BOUTWELL. I am instructed by the Committee on the Re- The question before us is too important to be buried beneath a vision of the Laws, to whom was referred the bill (H. R. No. 1816) to puerility like this error. We must settle it with all our eyes open repeal section 1218 of the Revised Statutes of the United States, to or we will bring upon the country such an ag~ravation of distress, and report it back, and ask that the committee be discharged and the bill that quickly too, that no man can foresee rn what dire disasters it referred to the Committee on Military Affairs. It is a proposition for will end. new legislation. Seventeenth. It is claimed that the issue of token coins under the The report was agreed to. bill now before us will be a step toward the resumption of specie payments in the East. I maintain that, on the contrary, it is a step GOODS AT INTERNATIONAL EXPOSITIO.N. toward the suspension of specie payments in the West. The Pacific Mr. SHERMAN. I am directed by the Committee on Finance, to coa-st States, California, Nevada, Oregon, :J.nd some of the Territories~ whom WS\8 referred the joint resolution (H. R. No. 146) to amencl the and to some extent also the State of Texas, have a specie currency act approved June 18, 1874, relating to the admission of articles in- and have never suspended specie payments. This currency, accord- tended for the international exhibttion of 1876, to report it favora- ing to the custom of the country and under the law as at present con- bly, accompanied by a letter stating its purpose and which justifies strued, is of gold. In this state of affairs the Government, under the tho committee in asking that it be considered now. It is to facilitate act of 1853, issued several millions of silver tokens which were sent to the payment of duties on articles brought to the international ex- these States and put into circulation, the Government receiving for position. • them their nominal or tale value in gold, thUB making some 10 o:r There being no objection, the Senate, as in Committee of the Whole, 15 per cent. by the operation and flooding those States with a large proceeded to consider the joint resolution. amount of subsidiary coins. Mr. SHERMAN. I ask for the reading of the letter I send to the After having done this, the Government under the present bill will Chair. turn right around and sell this same sort of subsidiary coin to the The Chief Clerk read as follows: Eastern E'-tates for par in greenbacks. The Pacific States took this TREASURY DEPARTMEYr, June 30, 187R. coin and gave gold for it, with the understanding, derived from the SIR: Representations have been made to this Department by forei_gn exhibitors law as it then -stood, and relying upon the good faith of the Govern- at the international exhibition nnd others that it is in many inst.ances 1m practicable ment, that none of it would be issued except for gold. But, in viola- for such exhibirors who desire to sell and deliver dutiable articles during the exhi· tion of this faith and after you sold all you could for gold, you sell bition ro comply with existin~ laws and the Tre:tsnry regulations made thereunder prepayment of duties or the securing of the samo by bonds. the same coin in the East for greenbacks, which are at 12 per cent. requiring In view of the international features oftheeihibition a.nd tile desirability of pro- discount in gold. At the present time a man in California can sell moting the wishes of forei~ exhibirors so far as possible consistently with these· a gold dollar for $1.12 in greenbacks fl.nd buy $1.12 in subsidiary curitv of the revenue, it is deemed proper that some modification of these laws and silver coins, which the law makes him to pay out at par in Cn.lifornia. regulations be made as to goods sold during the exhibition. It is believed that a joint resolution in the form herewith inclosed will moot all By compelling the Pacific States to pay you gold for what you are the difficulties complained of, "nd I respectfully recommend ita passage by Con now selling for greenbacks you wronged them out of some $600,000. gross. By now issuing fifty millions more of this token coinage you will Very respectfully, compel them to suspend specie payments. Already your token coins CHAS. F. CONANT, Acting &cretary. are at a discount of 6 per cent. in San Francisco, and this depreciation Ron. MILTON J. SAYLER, will be aggravated by the present bill. You have in effect left that Speaker pro tempore Home of Repruent/Jtivu. coast without auy par fractional currency for their gold coins. This The joint resolution was reported to the Senate, ordered to a third anomalous state of affairs has produced an extraordina.:ry dera.nge- reading, read the third time, and passed. ment of the currency. Wholesllrle prices are quoted in gold and retail prices in debased silver. There can be but one ending to this. That REVISIO.N OF RULES. ending will be suspension. The Pacific coast community must have Mr. FERRY, (Mr. ANTHO.NYin the chair.) The Committee on Rules, small coins, and the value of those coins must be in accord with the t.o whom was referred the subject of the revision of the rules of the l'uger ones. The former cannot be repudiated, because there must Senate, have directed me to submit a report and ask that it may be be a fractional currency, and there is no way of replacing the debased :printed. I desire to state in this cOnnection that the committee have coins. Our banks cannot issue fractional notes. But gold will cease given much time and care to this revision, and believe that they have to be paid. This means suspension of specie payments and the ex- so revised and classified the rules that they will commend thems~lves portation of some thirty fnillions of gold from the country. not only to the consideration uut perhaps the approval of the Senate. Yet the legislation which is responsible for it is by some erroneously I desire also to call the attention of the Senattj to the fact that they styled and by others complar.ently reg::r.rded as "a step toward specie have ordered a new edition of the Manual and provided for that edi- payments!" tion, arid it would seem desirable that these new rules, if they meet The PRESIDENT pro tempore. The question is on concurring in the approval of the Senate, should be em bodied in that manual. The the report of the committee of conference. report will probably be printed and laid upon the table to-morrow. Mr. SHERMAN. I forego making any remarks on account of the I trust that the different Senators will give such attention to there- peculiar circumstances, so as not to delay the trial. I will simply say port as will enable the committee to call it up promptly at an early that tb.e question of the dollar is postponed to the next session, and day and ask the consideration of the Senate to the question of the this bill simply deals with au bsidiary coin and makes suitable pro- adoption of the new rules. vision to get that coin into circulation. That is all there is in the BILL INTRODUCED. conference report. The report was concurred in. Mr. MAXEY asked, and by unanimous consent obta~ned, leave to introduce a bill (S. No. 989) for the relief of John G. Tod, of Texas, HOUR OF ?IIEETING. of the late Texas n'lvy; which was read twice by its title, referred Mr. HAMLIN. I move that the regular hour of the meeting of the to the Committee on Naval Affaits, and ordered to be printed. Senate until otherwise ordered be eleven o'clock. RIVER AND HARBOR BILL. The PRESIDENT pro tempore. The question is on the motion of The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) The the Senator from Maine. The motion was agreed to. hour of one o'clock having arrived, it is the duty of the Chair to call up the unfinished business of yesterday, being the river and harbor IMPEACHMENT OF W. W. BELKNAP. bill. Mr. EDMUNDS. I call for the regular order. .Mr. WINDOM. Will the Senator from Iowa yield to m·o to call up The PRESIDENT pro tempore. Legislative and executive business the bill (S. No. 982) providing fO"rthe construction of the Washington will be suspended, ancl the Senate will now proceed to the considera- monument, which the committee were instructed to report f 1876. CONGRESSIONAL RECORD-SENATE. 4569 Mr. MORRILL. I have not had time to examine that bill. I hope "for the improvement of the harbor 'lrt Burlington, Vermont," from the Senator from Minnesota will allow it to go over for half an hour. $20,000 to 25,000. Mr. WINDOM. I have no objection. The amendment was agreed to. The J?RESIDING OFFICER. The unfinished business is before The next amendment waa in line 109, to reduce the appropriation the Senate. "for the improvement or the harbor at Swanton, Vermont," from The Senate, as in Committee of the. Whole, res~m~cl the cons: dera- $10,000 to $'2,000. tion of the bill (H. R. No. 3022) makrng appropnat10ns for the con- The amendment was agreed to. struction, repair, preservation, and completion of certain public Tho next amenement of Nomoni Crook, Virginia, ~1,000. the work ought . to go on at this time for the profit of the Govern- The amendment was rejected. ment and for the good of the people. Mr. NORWOOD. For the purpose of making baste on this bill, as Mr. ALLISON. I can only say with referenc~ to this appropriation we have seen the disposition of the Senate with regard to the amend- that the estimate of the engineer in char~e is for 34,000. It is for ments of the committee to the House bill, I move that the Senate non- dredging, as sa.id by the Senator from New Jersey. Colonel Newton concur in the amendments of the Committee on Appropriations to the in his l'evised estimates omitted t.his appropriation, and the Commit- House bill strilring out different provisions of the House bill. I do tee on Appropriations followed the recommendation of the engineer. not include the amendments where there is any decrease or any change The Senate does not seem disposed to follow either the committee or of amounts, but only those amendments that strike out provisions of the engineers in these appropriations. I can only say that these are the House bill. the rea.sons which actuated the committ-ee in omitting this appropri- Mr. WINDOM. I do not understand the motion. ation. The PRESIDING OFFICER. The Senator from Ge.orgia moves that The PRESIDING OFFICER. The question is on the amendment the amendments of the committ-ee reducing the appropriations be striking out lines 112 and 113. acted upon to~ether. The amendment was rejected. .Mr. NORWOOD. That is not exactly the form in which I wish The next amendment of the Committee on Appropriations was in J;he motion to be put. I move that we non-concur in the amendments line 118, .to increase the appropriation "for the con~truction of piers whieh strike out entirely provisions of the House bill. There are in Delaware Bay, near Lewes,' Delaware," from $30,000 to $.35,000. other amendments that reduce the House bill, and there are others The amendment was agreed to. that increase the' appropriations made by·tbe Honse. I do not pro- The next amendment was to strike out lines 124 and 125, in the pose to touch those amendments. In nearly every instance the Sen- following words: ate bas refused to concur·in the amendments of the committee which strike out the provisiobs of the House bill alt.ogether. I therefore, For the improvement of Elk lliver, Maryland, $:>,000. in order to test the Senate on this question, move t.bat we do not Mr. DENNIS. Mr. President, I ask that the appropriation may be concur in any of the amendments made by the committee to strike retained in the bill. I have a personal knowledge of that work, and out provisions of the Honse bill. I know that it is all important. An appropriation was made last .Mr. WINDOM. The motion of tho Senator from Georgia is a some- year, and another one is required this year, which I think will be all what remarkable one, and yet I am not at all prepared to say that I that will be necessary to complete the work. I take this occasion to desire now to oppose it. Two distinct principles of action are iwli- say that .Maryland has only four appropriations in this bill, $75,000 catocl in the bill as it came from the House and as reported from tho for Baltimore, 5,000 for Elk River, $5,000 for Wicomico River, and Committee on Appropriations. The title of the bill of the House, I $5,000 for Chester River at Kent It;land Narrows. Two of those ap- believe, is" an act making appropriations for the construction, repair, propriations have been stricken out by om committee, and two remain. preservation, and completion of certain public works on rivers and har- This is a matter of neces ity or I should not ask it. I trust that the bors, and for other purposes." The words'' and for other purposes" are Senate will disagree to this amendment. peculiarly appropriate. Read by the li~ht of snb:.equent provisions Mr. ALLISON. The object of this appropriation is to dredge a they mean an act to make smooth ana easy the re-election of the channel eight feet deep at low water between Cedar Point and Elk- -present Congress. I think any one who will carefully examine the ton, in Maryland. The engineers recommend for that work $20,000,· bill as it came from the Honse of ReP.resentatives will find that it is and the House bas given them $5,000. If my friend from Mary1and designed, or at least the effect of it, 1f not the design-for I will not [Mr. DENNIS] thinks be can get a dredging· boat up there and all the attribute any improper motives to anybody-is to remove obstructions apparatus for dredging and economically spend $5,000, and the Sen- in the congressional route to Washington rather than to remove ob- ate agree with him, then this appropriation ought to be made. structions from the rivers and harbors for which the appropriations The amendment was rejected. are made. Yet, Mr. President, I am not criticising the present House Mr. WITHERS. I ask that the Senate pass upon the next four of Representatives for the system they have adopted in makin~ these item~, amounting in the aggregate to 10,000 together. They all appropriations. I have for years contended that the appropnations standuponpreciselythesamefoot.ing. Theyaroappropriationsforthe in this bill were more political than for purposes of improvement. preservation of work tha.t bas been in progress for some years, and in I think a reform very necessary. one or two instances there is an unexpended balance, amonnting to The Committee on Appropriations have recommended these reduc-. as much as was appropriated by this bill originally in the House. tions, and I think t.be principle upon which that committee l1as auted While I am up I will take the occasion to say that as a member of is far wiser than that of the original bill. Yet, without finding the the committee I have sustained the amendments reported from the slightest fault with the action of the ~nate or being in the slightest committee until the sentiment of the Senato has been so unmistak- degree sensitive as regards this action, I see as plainly as the Senator ably declared to be adverse to the principle upon which the commit- from Georgia eviclent1y does that the Senate disapproves of the prin- tee framed the bill, that I think I am now at perfect liberty to secure ciple adopted by the committee; and as the action of the Senate thus for old Virginia the amount of these small appropriations which far has been so uniform I am rather inclined to think that we had • have been stricken out by the cQmmittee. I ask that t~e same meas· better pass the bill just as it came from the House. . ure ma.y be meted to us which has been meted to other Stat-es, and Mr. WHYTE. I certainly t.bink that this would be an act highly that the four amendments from line 128 to line 135 inclusive, the improper, and I was going to say almost illdecorous, on the part of items amounting in the aggregate to $10,000, may be non-concurred in. the Senate, to our Committee on Appropriations, which has taken the The PRESIDING OFFICER. The vote on the amendments will trouble to go over this bill with great care, examine the deta.ils 1 and be t-aken tor very justly said, I am perhaps as liberal on this subject as any other from Michigan, the Chair will remark that the motion of the Senator Senator on this floor. I am always willing to vote for as large ap- from Georgia requires unanimous consent, inasmuch as the items propriations as the condition of tho country will permit and as can would be divisible at the request of any Senator. be economically used at important points, and which will substan- Mr. CONKLING. ·w hat motion' tially benefit the commerce of the country; these three conditions The PRESIDING 01!1.· ICER. That all the amendments in which should always exist together. It is because I am so earnestly in favor an entire appropriation is stricken out he taken together in one vote. of improving the water-routes of the eount.ry that I do not like to see 1\fr. FERRY. I was a little surprised to hear-especially from a appropriations frittered away as t.he:v have been by the bill from the western Senator and one so identified with the interest of transporta- House of Representatives. If we had appropriated some 15,000,000 tion and the interest of wise economy, who has distinguished himself it is quite possible that very many of these places which the Senate hy the part which he has t.a ken in the furtherance of these great en- committee have advised t.he Senato to omit would have been greatly terprises-t he remarks t.hat fell from his lips that this bill seemed to benefited; but the House of Representatives, acting upon what my be one emanating more from political interest anroposin~ to appropriate five millions and upward, and sel vs with w bat I think is Qalled the" plank" necessary for that pur- that I think h; something like from eight hundred thousand to a mill- pose. Not knowing who may get the next contract, they put into ion dollars less than was appropriated by the act of 1 75. The House, each contract the whole cost of getti:n~ ready for it. I say where a t.berefore, ha-s not forgotten its duty in seeking to economize the ex- work will cost $30,000 to complete it, 1f you appropriate $10,000 or penditures of this year over last year. It has considered the general 5,000 a year yon add a very largo percentage to its ultimate cost. interest of the country in cheapening transportation by facilitating The true policy is undoubtedly to ascertain what are the works of the commerce of the comitry, an important industrial force of the the most importance, and appropriate money enough each year to do nation and one contributing largely to its prosperity. Certainly the something; not merely money enough to get some body's vote from House bill must be considered as an economical bill since it is $1,000,000 some congressional district, but money enough to complete some part less than was passed last year; and, as I stated yesterday concerning of the work. But the principle, as I read it, of this bill, in a very my own State, the bill of to-day is something like 20 per cent. less large number of cases has been to appropriate just as little a-s would than the act of last year. The committee of the Senate, adopting a pass the bill and satisfy the local interests depending upon it. principle which, in their judgment, they thought would carry them While I am in favor of liberal river and harbor appropriations, my through, have appealed to this body for concurrence. The chairman opposition to the House bill is ba-sed upon the fact thatitisconstructed stated this morning that the Senate follows neither the committee's upon a wrong principle. The Committee on Appropriations have en- principle nor the principle of the Engineer Department, for the rea- deavored to correct that mistake; not that they were opposed to many son, I may adrl, that they have adopted the principle suggested by the of these improvements, but because when the Engineer Department Senator from New York [Mr. KERNAN] on my right on yesterday, the advises us to make much larger appropriations than those made by principle of common sense, of business judgment; and, steering be- the House or to omit for this year, we haye thought it prudent to tween the two extremes, I am pursuing that principle to-day. omit. As I understand the bill as reported from the committee, it is an I am not at all sure that the committee is right in this course. In increase of about 30,000 over the bill of the Honse, and I take it fact since the bill has come into the Senate I am very much disposed that a bill could not come from the present House of Representatives to believe that it was wrong; because I always assume that the judg- unless it was one of supposed economy. The House of Representa- ment of a majority of the Senate is very much nearer correct than tives submit to the Senat.e this bill, and it should be taken as a fair the judgment of a. single committee. The committee felt confident representative of the wish of the people, for they stand between us that t.beywere acting on the right principle, and certainly they acted and the people. It is upon that theory I act. I have not voted for conscientiously iu the matter. I think it is sufficient for us to as- the rejection of every recommendation of the committee. I have in sume now that we have been mistaken, and that to clear out the each case where I have not possessed the knowledge myself interro- political ohstmctions in certain congressional districts is much more gated the Senator, as I did I think tbt\ Senator from Pennsylvania, important than to remove the obstructions in the rivers and harbors who is a member of the committee, asking him to dissociate himself of the country. from the obligation of the committee and answer whether in his The PRESIDING OFFICER. The Senator's time bas expired. judgment as a Senator the appropriation is necessary for the harbor Mr. WINDOM. I then say in conclusion to the Senator from Geor- within his State. On his saying it wati, my vote followed the state- gia that I shall make .-ery sli~ht object.ion to his motion. ment; and so I shall be governeij hereafter. I claim with my col- The PRESIPWG OFFICER. The Chair regards the remarks of league to know what-is best for tile interest of Michigan; and in sub- the Senator from Maryland in the nature of an objection to the mo- mitting that judgment to the Senate I take it that the Senate will tion of t.he Senator from Georgia, which requires unanimous consent. accord such sufficient knowledge to the representati,es of the State. Mr. SAULSBURY. I rise for the purpose of saying that l could I accord equal force to the representations of the representatives of not vote for the proposition of the Senator from Georgia. The com- the different States. mittee have reported certain amendments, some of them increasing the I am not disposed to recognize this bill as a political engine no appropriations made in the House bill in certain respects and in other more than any other legislation of the country may be political en- instances they have entirely stricken out the appropriations made by ~ineering. This is a political body. The other House is a political the House. If we adopt the amendments iq.creasing the appropria- body. This Congress is the head of the political power of the United tions of the House and strike out the amendments of the committee St.ates. Through its agency we operat-e for the interests of tho whole reducing the appropriations of the Honse we shall destroy the bill in people. We are not a personality; we are hut the instrument. of the a certain sense ancl make a much larger appropriation than was made people. We are here representing their interest, and where their in the bill as it came from the House. That is ·very evident. property and their life a.re at stake. They demand of us protection to I take it for granted the committee understand something of what vital interests through this river and harbor bill, in which the whole is proposed by the bill, and that they have not stricken out any ap- country east :mel west, north and south, is interested. If the appro- proppation made by the Honse without some valid reason for it. priation for these harbors is not lavish, if in t.he aggregate it does Hence as a general rule I have voted to sustain the action of the com- not exceed last year's appropriation but blis below, are we not mittee, because in my opinion it was in the interest of economy. I then on the side of economy! Are we not following out the indica- have no doubt that there is much more money appropriated by the tion of the people f Are we not conserving the best interests of the bill as it came from the House than is absolutely necessary to meet country 1 Are we not acting in the interest, not of that west, alluded the wants of the country. I would vote now to reduce every appro- to by the Senator froin Minnesota [Mr. WINDOM,] which may be priation in the bill as it came from the House 25 per cent. I have more politically inclined than other localities, but for the whole coun- no question but that we could get ::tlong with this reduction of the try T I cannot bandy comparisons with my friend on my left, [Mr. appropriations made by the Honse. The condition of affairs in the WL"'DO~ ;] but I take it in his travels in advancing the great object country is such at the present day that we ought to economiz-e in of transportation which is indissolubly linked to his name he has every respect that we can. found the people almost a uuit upon this question of cheap transpor- I rose, however, for the purpose of stating my objections to the 4572 CONGRESSIONAL RECORD-SENATE. JULY 14, proposition of the Senator from Georgia, which, I understand from Mr. RANSOM. I hope the Senate will not agree to this amendment the Chair, is overthrown by a single objection that has been made. or the next one, for reasons already advanced. I will not detain the I wonld say that I think this is a better bi11 than that which we have Senate, though I could make a speech of an hour showing that the had heretofore. I see no appropriation in this bill forthe FaJlsof Saint principle that only large streams ought to be fostered will not do. Anthony. I think, therefore, that in this respect this bill is a much This country is made of human beings, individual units, and it will better bill, more carefully guarding the interests of the country, and not do to cut off the hands and fingers and all the little veins and I shall vote to sustain the amendments of the committee wherever I small arteries by which the hen.rt is fed. 'l'hese are small places to can in my judgment do so. some extent, but they have great merit in them. I will read the re- Mr. NORWOOD. As unrler the ruling of the Chair the remarks of port of the Engineer Department if the Senate desires, but I do not the Senator from Maryland [Mr. WHYTE] were in the nature of an care to detain the Senate. objection and wonld require these amendments to be acted upon Mr. .ALLISON. I hope the Senator from North Carolina will take separately, I withdraw the motion that I made. In doing so, I may time enough to tell us something about this river between Buncombe sav, in reply to what the Senator from Maryland said about the mo- and Brevard. tion being rather discourteous, that it seems to me to be just about as Mr. RANSOM~ I am very sorry that my friend from Iowa does not discourteous to vot-e against these amendments in gross as it is to know as much about the county of Buncombe as I do. I will say that take them up and vote against them in detail; and the only object there is a very large district covered by this item. Althou~h I live that I had in view was to save time. several miles from there I believe it is the finest part of this nabitable The PRESIDING OFFICER. The Secretary will read the next globe. There are there the finest mountains, the finest streams, and the amendment. most minerals to be found anywhere in the same extent of country. The next amendment of the Committee on Appropriations was to Did tho Senator from Iowa read the report of the engineer, in which strike out lines 134 and 135, in the following words: he says that there is a prospect of mining gold and precious jewels in For tbe improvement of Acootink Creek, Virginia, $4,000. the counties which this river drains t Did he ev-er read the descrip- tion of the streams there 1 Though this has been a district in the Mr. WITHERS. I must say a word in behalf of Accotink. It is United States since the foundation of the Government, I believe this almost here in the city of Washington, just down the Potomac. The is the first solitary dollar ever voted by the Congress of the United object is merely to enable the traffic to reach that village. States to it. Mr. SAULSBURY. Has the board of public works anything to do Mr. .ALLISON. I did take some pains to examine into this" French with itt Broad River, between Brevard and the Buncombe County line, North Mr. WITHERS. I will state to my friend that the board of public Carolina.," and read also as much of the reports of the engineer as I works does not extend quite so far, and this place is on the other side could find on the subject; and I have here before me a special report of the river. The object of the appropriation is merely to enable vessels upon this river made at the present Rcssion of Congress. Speaking to go up to this village of Accotink. It is a small plaee, to be sure, .of the French Broantlre river runs through a mounhin region, with fertile though narrow appropriation was a.s ked by the engineer for it or recommended by valleys along its upper and lower sections. This mountain region abounds in nn. the revised estimates; bnt if we adhere to that principle and omit deveioped mrneral wealth- a,ppropriations in all cases that are not recommended in the revised :Mr. RANSOM. We want to develop it. estimates we shall have to strike out a good many items which have :Mr. .ALLISON. been put back by the vote of the Senate. which in the future may require the improvement ol this river and of some of it.'l In general I concur with the view of the committee in framing this large branches. At present neither the amount nor the valuo of tho prodnciA of bill restricting appropriations to objects of national importance, but the region under discussion would seem to justify any attempt at theimprovument I recognize fully the right of the Senate to express its opinion on the of its low-water na.vigation. subject, and as they have done so in unmistakable terms I bow to the Mr. MERRIMON. He assigns a reason for that. superior wisdom of the body and only ask them that my own State may Mr. ALLISON. As I understand, this French Broad River between be made a beneficiary of the extended principle which they have an- these two points is a beautiful little mountain stream, having at low nounced by their votes on the various amendments. It is true that the water about a foot and a half or two feet of water. engineerdoesnotask for an appropriation for Accotink. I see my friend Mr. RANSOM. I do not want to interrupt the Senator, but he has [Mr. ALLISON] is holding himself in the le:lBh, ready torearovement of Clinch River, Teunessee, 12,000. inconsistency about that which as one of the tax-payers of this coun- Mr. KEY. At last, in this bill we have reached the State of Ten- try I cannot help observing. nessee. That State, as the Senate knows, is an interior State. It has If this estimate had been in the regular estimates and ha-d been no coast and no harbors; but we have some great rivers there that recommended by the head of t.he Department, of course it would have are equal to harbors, and we want them opened so tha.t we may get stood just like all these other estimates that we can get along with- to them. Tho river spoken of in this item and the two mentioned in out for this year of difficulty and trouble, and it might go in or go the succeeding items drain Ea-stern Tennessee; rising in the western out upon an equality with the others. But all we have here is this part of North Carolina and in Southwestern Virginia and running report from Mr. Abert, a civil gentleman, hired I suppose by the through Tennessee, they come together and make what is known as month, that this amount, which it will cost, he says should be the Tennessee River. Steamers are now plowing t.lte bosoms of these granted in one appropriation in order that the work may be econom- rivers. The Government has heretofore made appropriations to open ically executed. That, I dare say, is entirely true with reference to the Upper Tennessee River above Cha.ttaft.ooga. It has well-nigh got nine-tenths of eastmcting the channel. from Iowa will allow an amendment to that clause, I will put in "l>e- The money a.sked for in this small appropriation is required to blast twe~n ~la-con and the mouth of the river," or "between Macon a.nd those bowlders which now obstruct even in high water lumber crafts . Danen. and coal barges. Were these obstructions removed and the Cum- Mr. ALLISON. I certainly have no objection to an amendment of berland River above Nashville improved, immense quantities of coal that kind. and lumber would find a market in access to Nashville. The sum Mr. NORWOOD. Very well; I will move to amend the clause by of $2,000 is small; its appropriation might, I am informed, be of great insertin~,after the word "river," the words "between Macon and the convenience to the people living near this river who have no other seaboara. ; " so as to make the clause read: means of access to market. The other item of $'23,000 is subject to For the improvement of Ocmulgee River between Macon and the seaboard, $25,000. the approval of the engineer. The amendment to the amenclment was agreed to. Tho engineer, Mr. McCaJla, in 1874, in his report states: . The PRESIDING OFFICER. The question recurs on the amend- Estimate for removing obstructions in Rockcastle River from the narrows to ment of the committee to strike out the clause as amended. the mouth: The amendment was rejected. 3,230 cubic yards blasting of stone bowlders, at $1 per cubic yard .•. __ ... $3, 230 00 The next amendment of the Committee on Appropriations was to <.:tearing timber off banks and superintendence ........................ _ 1, 770 00 strike out lines 283 and 284, in the following words:· 5, 000 00 For the improvement of the port of Darien, Georgia, $5,000. 4fl82 CONGRESSIONAL RECORD-SENATE. --------------------------------------------------~----------------------------------------~------- Mr. NORWOOD. In reference to this amendment I have a word or JULY 14, hill·slopes covered with forests of fine timber. Near its course may be observed precipitous cliffs of granite and limestone. Between the t erminal points of the . two to say. As I said a moment ago, the port of Dar~en probably s~ips survey the river :Bows rapidly over a rocky bed, composed of the upturned strata more timber f,ban any other port along th~ Atlantic coa~t. I thm_k of granite, gneiss, mica, mica{)eons schist, slate, sandsro11e, limestone, and fen-u- the estimate is that the total amount of tunber and lumber that 1s ginous rocks in recurring series, and inclined at every a.nrrle from zero w ninety shipped from the various ports of. the United Sta~ is $2,10~,000 in de!!Tees. Portions of the strata may be observed beneath the water, or appearing value in round numbers, and of thts amount Georgta alone- ships five above the surface, scattered in in·egular masses along its course. These obstruc- tions, taken in connection with the 1apid descentof the stream, constitute insuper- hundred and eighty-three thousand dollars' worth of timber and lum- able objections t.o the improvement of the natural cbrumel by lateral dam and rock ber and the larger part of this goes through the porto~ Darien. There excavation. I saw nothing, however, to justify the conchisi~n that the river could is;, small obstruction in the water, on account of whtch vessels draw- not be improved by means of locks and dams, and small sections of canals. To de- ing a large draught cannot get up to the town of Darien, ~nd this ll:P~ro­ termine this question a careful instrumental survey will be neoess.vy. priation onlv 5,000, is asked to remove that obstructwn. It lB Im- Mr. WITHERS. All I have to say in reply to that is, while the to portant the commerce of the place, and it is a town that I believe remarks of the engineer are strictly true as applicable to the portion ha~ never had a dollar appropriated for it by the Government. I hope of the river to which that survey referred, it is entirely above the the Senate will not concur in tbe amendment. point where this appropriation proposes that the money shall be ex- The amendment was rejected. · , pended. The road on which he traveled to Independence, in Grayson The next amendment of the Commit.tee on Appropriations was to County, is a long way above the WythevilJe lead mines. It is that strike out from line 285 to line 287, in the following words: portion of the river to which the engineer's attention seems to have For the improvement of New River from the lead mines in Wythe County, Vir- been especially directed. ginia, to the mouth of Greenbrier River, West Virginia, $25,000. Mr. ALLISON. Now I wish to ask my friend how he proposes to expend $25,000 in this 1·iver so that it will be benefici!l.l to its com- Mr. WITHERS. .A.s my friend from North Carolina said a while merce after it is expended. ano we now come to an improvement which is one possessing real Mr. WITHERS. I undertook to explain how I supposed it could be n:fe;it. This appropriation which is asked for New River-- done when I had the honor of ~tddi·essing the Senate on the subject a Mr. EDMUNDS. That is why you call it New River, I suppose, be- few minutes ago. "While I admitted the entire inadequacy of this ap- cause it has real meritf propriation to secure any general improvement of the New River suffi- Mr. ·w iTHERS. It was named before I knew anything about the ciently to be valuable, I think I did indicate how it wns possible that stream and I cannot answer the qnestion. 'Vhy it should have been the amount might be expended with very great benefit to the section so nam~d I cannot imagi?e, unless it presented the ~ovel spectacle ?f of country lying a few miles contiguous to either of the railroads an immense stream runmng on the top of a mountam. Its course IS which cross this stream, thereby affording the mineral products of the t.hrough the whole State of Virginia, rising in North Carolina, and it region a safe and cheap method of transportation to the railway, is really the Great Kanawha, rising in the State of Nort~ Carolina when they can be sent out to market. I think to that extent the and rUDlling almost on the top of t.he Alleghany Mountarns, a very amount which is proposed to be appropria.ted by this bill is ample to large, bold stream, constituting the Kanawha after its junction ~ith secure the benefit which I have described. the Greenbrier. There a1·e many very large and valuable establish- Mr. SHERMAN. Unless we reall:r intend to load down this bill as ments-mineral works for iron, lead, zinc, and other ores-along the we have other river and harbor bills, so as to make it ridiculous, I borders of this stream and immediately accessible to it. appeal to the Senator from Virginia and all other Senators not to press Mr. EDMUNDS. May I n.sk are "the other ores" boat-oars t items of this kind. This New River is a famous river in Vir~inia as a [Laughter,] mountain stream, fierce in its floods, sweeping away dams liKe brush- Mr. WITHERS. No; the object is now to open an establishment wood, running through a beautiful mountain country. I have crossed of that kind and if this amendment be adopted I have no doubt the river two or three times. • boat-oars wo~ld also be found on that stream. The stream is one of Mr. ED.MUNDS. Does it not need improvement so much the more great magnitude, and while I am aware that the engineers in making for navigation f the surveys and estimates indicate a very large sum as necessary to Mr. SHERMAN. Twenty-five thousand dollars or two millions , make the full and complete improvement of this ri ~er, Y.et the a~o~mt could not make a navigable canal of the bed of New River. All the appropriated though apparently so small, and possibly m the opmwn work of man cannot prevent the freshets of those mountain torrents of some Sendtors totally inadequate to subserve any good purpose, I sweeping away the work in a single season. I have seen the river; am sure will be found, if the Senate will listen to me a moment, to it is a great mountain stream full of grand bowlders, running at a be useful, so that the money will not be thrown ~way. . declivity, I should say, of forty or fifty feet to the mile. The Virginia and Tennessee Railroad crosses this stream at a pomt Mr. EDMUNDS. That is not equal to many a railroad bridge. called Central Depot, some thirty or forty miles below th? Wythe Mr. SHERMAN. I think we ought to stop somewhere. This is the lead mines which is the proposed commencement of this work. mountain stream that we ~o down by the Chesapeake and Ohio Rail- There are 'lead mines there which have been worked for nearly road. I do not say an engmeer cannot build a canal along there, but a century. Large quantities of zinc ore are being t~ansmitted it wonld not last. now from that point to Trenton, New Jersey, for smeltmg, and a Mr. WITHERS. At the point whore this stream is crossed by the very larcre number of iron-furnaces can be found along the whole Chesapeake and Ohio road-· course of that stream. They now have to haul the product of their The PRESIDING OFFICER. The Senator from Virginia has ex- mines over rough, mountainous roads a considerable distance to the hausted his time and over. railroad. At the particular point which I in~ica~e, if this riv.er ~~s Mr. EDMUNDS. I ask that he proceed by unanimous consent. improved, it could be brought by ~ate~ navigatiOn to th~ VI~gtma. Mr. WITHERS. I think I might have an opportunity of correcting and Tennessee Railroad. At the .1unctwn of the Greenbrier IS the a misapprehension of the Sena.tor from Ohio. crossincr of the Chesapeake and Ohio Railroad. The same conditions Mr. EDMUNDS. I hope the Senator will be allowed to proceed. prevaifthere as at the loca:lity. which I have. previously d~scribe~-a The PRESIDING OFFICER. The Chair hears no objection. roucrh mountain country, ncb mores and mmera.ls of vanous kinds. Mr. WITHERS. The description given by the Senator from Ohio is Th~e works are now cut off from market for the want of a proper literally true at that point at which the Chesapeake and Ohio road mode of transportation. This $25,000, if spent at either one or the crosses New River, and I will admit that $25,000 might just as well other of these places, would open up a l.a~ge area of countr;v: :Vhich be thrown into the stre!lm at that point as to attempt to improve is now entirely cut off, and enable the CltiZens of those locaht1es to the river there. But the river is of a very different character at other get their products to the railroad either at one point or the ot!Ier. points which I have indicated, where it is susceptible of improve- I therefore hope that it will be the pleasure of the Senate to disagree ment, where the fall is a very moderate one, not exceeding a few feet to this amendment of the committee and to leave the appropriation in the mile, and where the removal of some obstructions and bowlders as it passed the House. and probably the blasting out of a few ledges of rock would give a Mr. ALLISON. I should like to have the Secretary read what I navicration of twelve or fifteen miles either way for tbis amonnt, and have marked in the engineer's report aa to this 1-iver. enable the people in that section of country and the mineral products The Chief Clerk read a-s follows: of that region to be brought to the railroad, whence they may get It was necessary w proceed by rail to W:ytbeville, and then over a. mo~tain .road an outlet to market. I tell you that now the products of that section about twenty-five miles to Independence, m Grayson County. From tltis pomt I of country t.hrough which this river passes have to be hauled by t.L.e visit.ed tho nver, drove along the banks as f~r a~ practicable and crossed an~ re- hundreds and thousands of tons by the mountain roads in wagons crossed it at several points. A cursory exammat10n was made of the copper mmes at Ore Knob and t.he mineral deposits at some otherpoinf8. to the railroud for transportation. There are tons of zinc-ore, lead, Returning w Wytheville I visited t.h~ lead and zinc mines of Captain R.a.per, sit- iron, and pyrites going daily over these mountains now by teams. uated on New River, about fourteen m1les from W.vtheVllle. The followmg gene- The expenditure of this money would give them water _transportation ral description of tbc river will give an idea of its character: Two tribntary streams, which rise in the mountains of ~orth Carolina., unite on the to the railroad, and thereby cheapen the cost to whJCh they would border of Virginia to form New River. The northfork rises at the bas~ of the Blue be su ujected and very much increaso the production of these minerals. Ridge, Ashe County, and the Routh. fork at the foot of Stone .Moun!am, 'Yatauga Mr. CAPERTON. Mr. President, the New River of which the Sen- County, and the.v unite about fiv~ IIDle.<~ abo>e the mouth o~ Wtlson qreek, m. Gra~­ ator from Ohio speaks between these points, the mouth of Green- son Coontv Virgipia. From Wilson Creek to the lead mmes the er has been surveyed under the orders of Colonel Craig hilL The section of the river between the source and tho lead mines flows amonu ·would put it in a condition to be navigated by a very small passen- ridges of the Appalachian chain and intersects in its course fertile valleys ana ger steamboat. It is very important, inasmuch as it connects the 1876. CONGRESSIONAL RECORD-SENATE. 4583 western people with the people on the northern part of this river. Mr. ALLISON. I will say to my friend from Maryland [Mr. WHYTE] It is very important in affording an outlet to the great county of that here is a chance to unload now. Buncombe, in North Carolina, of which we have heard. It is an ex- Mr. RANSOM. I hope the Senate will sustain this amendment. penditure which will be very valuable, because it paBSes through an The amendment was agreed to. exceedingly rich mineral country and can be made exceedingly pro- The next amendment was to strike out lines 295 and 296, in the fol- ductive by a small amount of improvement. lowing words : Mr. WHYTE. I wish to ask the Senator from Iowa a single ques- For the improvement of the Warrior and Tombigboo River, Alabama, $15,000. tion. It occurs to me that it is pretty near time for us to unload in regard to the items that are bein~ restored and the amendment.B that Mr. SPENCER. I hope this amendment will not be agreed to. are put on in the Senate. The bill as it came from the House, I un- Mr. HAMLIN. Thfl.t is the river that runs up, and it ought to be derstood, appropriated five millions and eight hundred and odd improved. thousand dollars. The Senate Committee struck out a number of Mr. SPENCER. No; it runs down. [Laughter.] the appropriations, but added amounts elsewhere increasing the ap- Mr. EDMUNDS. Is it a good deal run dowuf [Laughter.] propriations in the bill some 36,000, so that the bill as reported by Mr. CONKLING. Do not run down this river, whichever way it the committee appropriated about $5,900,000. Now I want to ask rm1s. [Laughter.] the Senator from Iowa if all these appropriations which werestricken Mr. SPENCER. There are many thousands of bales of cotton trans- out by the committee are restored in the Senat.e how great then will ported on this river every year. ~The navigation is very dangerous, the appropriations be in the bill f and it ought to bo improved. I hope the amendment will not be }fr. ALLISON. I will say to the Senator from Maryland that the agreed to. I appca.l to the generosity of the Senat-e. committee have added to this bill $981,900 and subtracted frJm it Mr. CHRISTIANCY. I think that river must run up as well as $945,586; all that we have struck out, with the exception of a few down, for I find there m' another place in which there is money ap- thousand dollars, thus far in the bill has been re-inserted. propriated for the same river. Mr. WHYTE. So that $6,700,000 will be the appropriation; a larger 1\fr. EDMUNDS. Because it r1ms both ways. sum than was ever appropriated by any Congress before, I believe. Mr. SPENCER. I will explain to the Senator from Michigan that Mr. EDMUNDS and others. 0, no. the Tom higbee and Warrior form a junction near Demopolis, Ala- Mr. DENNIS. Last year's bill was larger. bama, and the previous appropriation was for the main river below Mr. ALLISON. We voted last year $6,662,000. Demopolis. This appropriation is for the Warrior and Tombigbee Mr. WHYTE. But this is 6,70(1,000. above Demopolis. Mr. ALLISON. It is more than last year. In reference to this river Mr. ALLISON. Where is this intended for! it will be seen that the enbrineer says he has not made an accurate Mr. SPENCER. Above D~mopolis. If the Senator has no objec- survey of it, and he recommends that the first thin~ to be done is to tion we will insert in line 286 "above Demopolis" after "Alabama." make an accurate survey. It may be that it can be rmproved as sug- I move that amendment. · gested by the Senator from Virginia; but the Senator cannot show a The amendment was agreed to. suggestion from any engineer as to how it shall be done, nor can he Mr. SPENCER. Now I hope the amendment as amended will be show a suggeation made by an engineer that it can be improved even voted down. between the points named in this bill at any reasonable cost. Mr. ALLISON. Before the vote is taken I desire to call attention Mr. CAPERTON. The gentleman will allow me _to say that the to the character of this improvement and what the engineer says with survey of which he speaks, as I understand, was made in reference to reference to it. The engineer in charge of this portion of the public the river within these points. The survey made in 1872, and on ac- improvements says: count of which there was an appropriation, was a survey confined The permanent improvement of the river at any reasonable expense was re- garded as impr:wticable. . within the limits contemplated by this bill. So that estimate has no This improvement would not be worth undertaking unless it should provide for reference whatever to this portion of the river. the p:.u~sage of such ste.'\mers as now ply on the Tennessee :md Alabama Rivers, :Mr. WITHERS. . I would also call the attention of the Senator and tl1is would require such an increase of dimem;ivns of canal and locks in the from Iowa to the fact that the portion of the report of the engineer part already surveyed that the expense, supposing the scheme might then be found practicable, wonld be enormously increased, and when to this is added the cost of that he bas caused to be read at the Clerk's table in regard to how it petmanently improving the Tombigbee River for the same class of boats from can be improved is at a point where it is much more dlfficult to im- Fulton to Demopolis, a distance of three hundred and twenty mUes, it is apparent prove than it is between the points indicated in the bill. that the cost would be too gTeat to justify any further serious consideration of the Mr. ALLISON. As I understand this report of S. T. Abert, civil project ~ntil the ~crease of the popul:ttion and products of the coun~y to be bene· fited by Its execution shall have furniShed some reasonable ooono!Dlc ground for engineer, he speaks of the whole river: doing so. Examination of New River, from the lead mines, in Wythe County, to the "mouth of Wilson," in Grayson County, Virginia. Mr. SPENCER. If t.he Senator from Iowa will allow me I will state that he is reading the report of the engineers in reference to the Mr. WITHERS. From the lead mines to Independence, which is Tombigbee River above Columbus, Mississippi. There is steamboat going up the river. navigation, and has been since steamboats have been in existence, to Mr. ALLISON. Then he describes the whole river, and says an Columbus, Mississippi, on the Tombigbee River; and to Tuscaloosa aecnrate survey should be made. If there has been any survey made on theWarrior River. Steamboats ply there, and everv winter thou- of this portion of the river lying between the mouth of the Green brier sands and tens of thousands of bales of cotton are taken to market. and these lead mines, and a report showing that it is susceptible of !tfr. ALLISON. Undoubtedly at certain times. improvement, then I may yield my objection. Mr. SPENCER. And that portion he reads from applies to the im- Mr. WITHERS. There bas been such a survey, and such a report provement abnve. has been printed. It is a special report. The survey was made in :Mr. ALLISON. Above Demopolisf That is what is inserted here. 1874. Mr. SPENCER. Above Columbus, Mississippi, between Columbus, Mr. ALLISON. I have not been able to find it. Mississippi, and Fnltou, Mississippi. Mr. WITHERS. An appropriation waa based upon that survey. Mr. ALLISON. I will read: The PRESIDING Ol"'FICER. The question is on the amendment :But they contemplated ouly such an improvement of the river as would fit it for striking out t.he item. high-water navigation from Demopolis, Alabama, at thel.tead of low-water naviga,. The amendment was r~jected. tio:n, two hundred and fifty miles above Mobile, and two hundred miles above the The next amendment of the Committee on Appropriations was to mouth of the Tombigbee, to Columbus, Mississippi, at the head of high-water navi· strike out lines 288, 289, 290, and 291, in the following words: gation, one hundred and seventy miles above Demopolis. For the improvement of the Mattapony River, Virginia, $10,000. He speaks of the character of this permanent improvement and says For the improvement of the Pamunkey River, Virginia, 6,000. it cannot be made at any rea-sonable cost. Mr. WITHERS. I wish to call attention to tlie reports of the en- Mr. SPENCER. Boats daily visit Columbus, Mississippi, and Tus- gineers in the case of the Mattapony and Pamunkey Rivers. The re- caloosa, Alabama, on the Warrior and Tombigbee Rivers, for seven or ports of the engineers show the impo~tance of this work; they show eight months in the year; and this small appropriation, 15,000, is for the value of the products which would be liberated by the construc- the purpose of taking out the snags in the river. I think it would tion of this iruprovement; and I think one or two phrases of them be a great outrage if this amendment of the committee were adopted. will suffice to give the opinion of the engineers upon the subject. For The amendment was rejected. example: The next amendment of the Committee on Appropriations was to The expenditure of the moderate sums estimated will afford such avenues to strike out lines 297 and 298, in the following words: market as cannot be surpassed by any other region in the country. For the improvement of t-he ChoctawhatchieRiver, Florida and Alabama, $5,000. The estimates are for the two streams, the moderate estimate which Mr. SPENCER. I am utterly and absolutely astonished that such the engineer speaks of for the Mattapony River $34,000, and for the an important stream as the Choctawhatchie River, in Alabama and Pamunkey 17,500, of which the Honse bill proposes to appropriate Florida, should be reported to be stricken out by the committee when 10 000 to one stream and 6,000 to the other, making an aggregate the small snm of only $5,000 is proposed. I hope the Senate will not of $16,000. I hope the Senate will restore these two provisions of the consent to any such outrage being perpetrated on the southern coun- bill. try. The amendment was reject-ed. Mr. HOWE. Mr. President, I should regard that appropriation The next amendment of the Committee on Appropriations was in more favorably, I think, if it was made to improve the name of the line 293, to in~rease tho appropriation for the improvement of the river iustead of the rh'er itself. [Laughter.] harbor at Norfolk, Virgi~1ia, from $13,000 to $39,600. · The amendm~nt was rejected. 4584 CONGRESSIONAL RECORD-SENATE. JuLY 14, The next amendment of the Committee on Appropriations WM to not by rapids and cascades, but by large rocks and bowlders that in- strike out lines 299 and 300, in the following words: tercept tho channel at different points, which could be removed with For the improvement of the Apalachicola River, Florida, $5,000. great ease. Of course this is away beyond my State; it is in the Ter- Mr. JONES, of Florida. I hope this amendment will not be agreed ritory of Montana; but I am somewhat acquainted with the river to. This river is a very important river, and the appropriation is a and I know that this improvement is very much needed. I hope, very small one. The work bas been on hand for some time; a snag- therefore, that the amendment will be adopted. It is urged by the boat has been purchased for the purpose, and the work has been go- Delegate from that Territory, and I think it is necessary that it ing on for some years. We propose to continue it if we can get this should be made. appropriation. Mr. .ALLISON. The committee inserted this recommendation for The amendment was rejected. the reason chiefly tha.t the Government itself has a large interest in The next amendment of the Committee on Appropriations was to transportation on the Upper Missouri. It was very strongly recom- strike out lines 301 and 302, in the following words : mended by the Chief of Eugineerd, General Humphreys, whose letter For removing obstructions and deepening channel at the Pasa of Brazos Santiago, I have in my h:1nd, in which be states that this improvement would TeX!l.s, 10,000. . be greatly to the aclvantage of the Government, as by it the cost of Mr. MAXEY. I hope the Senate will non-concur in that amend- transport'l.tion of Army supplies will be materially reduced. There ment. It will be remembered by many of the Senators here that the are several papers connected with this c'l.S6, a special recommenda- port of Brazos Santiago was the important port during the Mexican tion from the Chief of Engineers that $75,000 be appropriated. war; it was the great depot of supplies for Taylor's entire army. Mr. EDl\IDNDS. Are there any settlements above the mouth of CircumstanceS might make it important again. The bar at that the Yellowstone on the Missouri t island cuts off that port. I know myself tbat-8uring the Mexican w:u Mr. ALLISON. Several. the steamer Harney was sunk just inside that bar and the mast of Mr. BOGY. Montana is settling with great rapidity. that steamer was used as a guide for vessels getting in there. It is Mr. ALLISON. This is cortairily a very important appropriation also the port for Point Isabel, and Point Isabel is counec~ed by rail to the Government itself. It is the first appropriation of the charac- with the city of Brownsville, opposite Matamoras. This appropria- ter for the Upper l\lissouri, and I shall be very glad to have the con- tion is designed for the removal of that sand-bar a.ud those obstruc- currence of my good friend near me, [Mr. INGALLS,] who has voted tions which got there during the Mexican war. \Vhile the State of against me, I believe, during the entire time we have considored this Texas is receiving some appropriations this year, I beg to say that bill. from the date of its admission into the Union, the 3d of March, 1845, Mr. INGALLS. Having lived on the shores of the Missouri River down to a year ago the entire appropriations for the State of Texas for nearly twenty years I can sincerely say that I know of no stream for rivers and harbors amounted to but 75,000. That was the whole o~ the h~bitable globe tha.t stands more in need of improvement. It sum. Hence, as no appropriations have been made, the necessity for is a little too thick for a beverage and a little too thin for cultivation. making appropriations for the removal of these obstructions. I hope The distance above the mouth of the Yellowstone is something like a the amendment will not be concurred in. thousand miles. There is not an a-cre of surveyed hnd in that dis- The amendment W!\8 rejected. tance; there is not a. habitation of ci \7 ilizedman. During sixmonthsof The next amendment was to strike out lines 305 and 306, in the fol- the year the stream is entirely closed by ice, and for three months of lowing words : the remainder there is not wa.ter enough in it to floa.t 'an ordinary fia.t- boat. For the improvement of tho French Brood River, in Tennossee, $15,000. Mr. BOGY. I am Mtonished at the statement made by the Senator Mr. EDMUNDS. Have we not had the "French Broad" already from Kansas, and it cannot be sustained by what I know to be the oncef fact. There is stn abundance of water there, and the river is never Mr. ALLISON. This is another portion of the river. closed beyond three mont.hs. It is not closed two weeks longer than Mr. EDMUNDS. Is this the dry portion or the wet portion f it is at the point where the gentleman resides. Mr. P .ADDOCK. I move that the Senate adjourn. Mr. INGALLS. I live two thousand or twenty-five hundred miles The PRESIDING OFFICER. The Senlltor from Iowa has the by the river below the month of the Yellowstone; and for three or floor. . four months in the year, even at tha.t point, where it is swollen by Mr. .ALLISON. The other was for the improvement of the French numerous affiuents and tributaries, aside from the period when the Broad from Brevard to Buncombe County, North Carolina. This is river is not closed by ice, it is not navigable for an ordinary scow. for the French Broad in Tennessee. • Mr. BOGY. The navigation of the Missouri, it is a notorious fact, Mr. EDMUNDS. If this is not for Buncombe, I am for it. is generally better higher up than it is below. The Senator astonishes Mr. KEY. I will say to the Sena.tor from Vermont that this is really me. a meritorious appropriation. This part of the French Broa-d River Mr. INGALLS. I :1m therefore amazed-as I believe is the favorite / is in Tennessee, a great many miles from Buncombe County. It is a a.nd popular term upon the discussion of this bill-that the commit- part of the river on which there is a great deal of trade, and I think tee should recommend an appropriation of this ma.gnitude that can the appropriation eminently proper. • certainly be of no conceivable use to any interest upon this conti- The amendment was rejected. nent, either private or governmental. Mr. PADDOCK. I move that the Senate do now adjourn. 1\fr. ALLISON. I only wa.nt to correct one statement made by my Mr. .ALLISON. I hope the Senator will withdraw that motion. friend. The climate at }'ort Benton above the Yellowstone is milder The motion was not agreed to. than it is where the Senator from Kansas ormyselflives,and theriYer The next amendment of the Committee on Appropriations was to is not frozen up as long at Fort Benton as it is at Sioux City, fifteen strike out from line 307 to line 310, in the following words: hundred or two thousand miles below. For the improvement of the Missomi River at the point where it is cutting into Mr. INGALLS. 'l'he meteorological records of that region will the Kansas shore above S:unt Jodeph, Missomi, for the protection of the city of show the river is closed at that point from November to April in Saint Joseph, $10,000. ei(J'ht years out of ten. Mr. BOGY. I hope the Senate will not adopt this amendment. The Mr. WINDOM. I share with the Senator from Missouri in the aston· improvement proposed is of very great importance. I will not detain ishment which he has expressed at the remarks just made by the Sen- the Senate. I hope the appropriation will be retained as it came from ator from Kansas, and I ~onfess that I am unable to understand them the House. The appropriation is in pursua.nce of a survey made by unleBS it be that he has been in his early youth too near the muddy the engineers, and is recommended by the engineers. I have the rec- waters of the Missouri. It seems to me that those muddy waters are ommendation in my hand. so strangely mixed with fact and misrepresentation of fact that there 'fbe amendment was rejected. must be a good deal of ·mud in t.hem. · The next amendment was to insert as lines 311 and 312 the follow- Now, to state tha.~ there is no business on tbe Upper Missouri is to ing: contradict the known bets which are reported daily in the papers of For the improvement of the Missouri River ~bove the mouth of the Yellowstone, that whole region. We know, too, that there is no place in the new $35,000. portions of the country where the Government itself is more inter- Mr. EDMUNDS. Where is thatf I should like to have that ex- ested in the improvement than there. We have these renommenda- plained. tions from the Department urging the appropriation because of its Mr. INGALLS. So should I. necessity in the tra.nsportation of Government freights, and I myself Mr. BOGY. I hope that this amendment will .be adopted. The know thpt la.rge amounts of Go:vernment freights are transported up navigation of the Missouri River above the Yellowstone has become the Missouri River and around to Fort Benton. We have a fort there. of very great importance. I am not prepared now to state the num- We yesterday passed a. bill authorizing the construction of two more ber of boats that are navigating that portion of the river; but the forts in that neighborhood, and I know, furthermore, that a very number is large. The Government has great need of that river. large portion of the trade of Monta.na will come over that route, and There are many boats now engaged in Government employ trans- that a very considerable portion of itdoesgothatwaynow; and to state porting munitions of war, provisions for the Army, Indian supplies, that there is no trade there is certainly to make a most remarkable and many other matters. The country is settling with great rapidity. statement in view of the facts. I do know of my own personal knowledge that that portion of the Mr. President, we have passed a great many appropriations here river really needs very great improvement; and the $35,000, although to-day that were valuable and some that were not so much so; but not sufficient to make the work complete, will go a great way to make to stop at this moment and refuse to appropriate for what is really a the river navigable by the removal of large bowlders that are scat- national work it seems to me would be adding a fitting climax to the tered along the bed of the river. There is a sufficiency of water at action of the Sena.te thus far on this bill. all seasons of the year, but the navigation is somewhat interrupted, Mr. INGALLS. There are not ten boats a year }eaving Saint Louis 1876. CONGRESSIONAL RECORD-SENATE. 4585 for the Upper Missouri River. When the Senator talks about com- Estimate of the generalslw1'e-line of the sea-coast, 9·c.-Continued. merce, I certainly ought to be able to speak with some degree of in- teliigence on that subject, :md the only conceivable interest that I i:Jrri -~. ~..: :! 0 •.-4 ....... "'=' ~ ~~ ~'+< 3 Mr. WINDOM. I am informed that there are forty boats on the dO(O ";J ~0 0 ~ 1-1 E-1 Upper Missouri River. -----------------1--- --------- Mr. BOGY. Certainly there are. Mr. WINDOM. I think the Senator from Kans~ would do well to Statute Statute Statute Statute mi!es. mile8. mile8. mile8. look into the commercial sta.tistics of that region of country. PACIFIC COAST. Mr. BOGY. I cannot permit t.heremarks made by the Senator from Cr Waslli.ngton Territory .............. .. 953 631 133 1, 717 September or October, and they get there because there is an abun- AL.ASKA TERRITORY. dance of water atone season of the year for large boats and at another .Al!tska ...................................... -.. 5,418 ............... . season for smaller boats; but it is a fact, which I a.qgert here, that Islwds near Sitka ............ ---· ................... _.. 1, 751 ............... . from the month of the Yellowst.one to :Fort Benton there is a larger Kodiak Island .................................... -..... 530 ........ ··- .. ·-· Aleutian Islands: volume of water than there is between the Yellowstone and Sioux City. Fox Islands ...... ........... _............. _....... _ .. _•. 553 The reason why the navigation is interrupted is not owing t.o a want Andrl"-auowsky Islands_ ....................... . -······· 697 of water, but owing to the bet that there are large rocks in the chan- BliJnil or Rat Isla.nd.s _. . . .. • . • • ••• _........ __ .. . ..... .. 375 nel of the river; and it is another fact that the severe winter season Islands in Behring Sea: Pribylovlslanus............................... . ....... . 69 .............. .. in that country is not longer or as long as it is lower down. Where Noumvat Island................................ ........ 173 ....... . yon approach the western shore of the continent, although it is east SaintLawrencelsl:md .......................... ~=~~ ~= of the mountains, yet the western winds affect the climate of Mon- tana, and it is not aB cold in Montana as it is in the little city of Ne- Tota.lfor.Ala.ska ... - ...................... 5,418 4,412 ........ 9,830 1 braska Cit.y. Mr. PADDOCK, (at five o'clock p.m.) I move ·that the Senate do Marybnd has thirteen hundred and thirty-six miles of coast line. now adjourn. We have only in this bill the sum of $90,000, $75,000 of that amount The motion was not agreed to. is appropriated for the improvement of Baltimore Harbor. It would The PRESIDING O~'ICER. The question is on the amendment. be a work of supererogation to st.ate to the Senate the great ad vantages The amendment was agreed to. ·• of that harbor. It is the terminus of the Baltimore and Ohio Rail- The next amendment of the Committee on Appropriations was to road, the great outlet from the valley of the Ohio and the Upper :Mis- strike out lines 318 ancl 319, in the following words: sissippL Its value cannot be overestimated. Our committee have For the improvement of the Wicomico River, Maryl:md, $5,000. made no deduction from that appropriation. There are but $15,000 :Mr. DENNIS. I ask to be heard on that question, and to state to appropriated in addition to that for the Stat.e, and most of that sum the Senate some facts in relation the Wicomico River. It is on the is for tributaries which go t.oward furnishing the market of Balti- Eastern Shore of Maryland, a place that is not very well known to more almost entirely. I have enumerated to you the amount of pro- tbe Senate or to the country. I will read you some statistics from visions shipped from this little town of Salisbury, Maryland, with its the report of the Chief of Engineers. twenty-five hundred inhabitants, thousands and thousands of ship- Capitai engaged onmercbnndise,$3~.000; annnalsalesofmercbandise,$1,200,000; ments. Five thousand dollars, I think, will be enough to finish and shipments of lumber, board·measure, 15,000,000 feet; shipments of cord. wood, 5,000 complete that harbor, with a very small appropriation to keep it up cords; shipments of railroad ties, 6,000; shipment.s of grain, 60,000 bushels; sales afterward. I only ask that the Senate may not agree to the amend- of fertilizers. 300 tons; sales of oyster shells for lime, 35,000 bushels; number of ment proposed by the committee; and I am assured by the com- vessels trading from this town, 20; aggregate tonnage, 1,050 tons; sales of berries and ft·uits, $40,000; sales of garden·truck and vegetables, 13,000. mittee t.hemselves that if they had thoroughly understood the case they would not haYe objected to this appropriation. I bad intended when this bill was before our commit.tee to furnish The amendment was rejected. statistics which were of importance to the whole country. I had The next amendment of the Committee on Appropriations was to carefully prepared from the Coast Survey the coast line of all the States strike out lines 320 and 321, in the following words: of t.bis Union, together with the water-courses, and I will give it to the SeJ?.ate. For the improvement of Big Sandy River, Kentucky and West Virginia, ~.ooo. Estimate of the general shore-line of the sea-coast, bays, islands, aml tide- And in lien thereof to insert : ' 1vater ?'i'lters of the United States. ·For removing bowlders aml !mags in Big Sandy River, Kentucky and West Vir· ginia, including Louisa ]'ork. Virginia, 15,000. . 1~ Mr. STEVENSON.. I hope the pending amendment will not be ~~ concuned in. I am told that the Senate committee in reducing the Location. .£~ appropriation from $25,000 to $15,000 a-cted under a misapprehension j~ ~~ ~0 3 ~ of the existing state of facts. I am informed that this reduction wa.s maue on an estimate made in 1874 stating that $15,000 would answer; but since that a most memomble freshet has occurred in that section --------,.----,...------1---------- of Kentucky, and it will . require $25,000 now t<> remove the obstruc- Statute Statute Stattttll Statute. tions and snags out of that river. I learn further that an appropri- ATLANTIC COAST. miles. miles. miles. mile.~. ation of $25,000 would not be a.s much now, in consequence of tha.t Maine .................... -..................... 798 5:{4 387 1, 719 freshet, as $15,000 would have been when the estimate was made two NewHampshire .............. _................. 73 10 39 12'2 Massachusetts ........ -......................... 435 259 70 764 years ago. Such is the information furnished me upon the subject. Rhode Island .. -.- ... -.......................... so 108 35 223 The Big Sandy River is a boundary line between two States and ha.s Connecticut ........... -·--·------·- .. ·----...... 166 59 200 4~5 a good deal of inland trade. It is twenty-six miles long from Cat- New York .••.•. -.......... -.................... 50 2!:0 395 725 lettsburgh, on the Ohio River, to Lonisa, in Lawrence County, where it New Jersey..................................... 72 138 236 446 forks. The Louisa Fork to Piketon, in Pike County, Kentucky, is ~:f:!~~~a·~·~ ::::::::::::::: ~:::::::::::: ::::::: 63 8 ~ 1g~ eighty-six miles above Louisa, or one hundred and twelve from Cat- Maryland....................................... 503 2!l8 535 1,336 lettsburgh; while \Varfield, on Terry Fork, is thirty-five miles a.bove District of Columbia............................ . .. ........ 25 25 Louisa '1nd sixty-one miles from Cat.Iettsburgh. Aside from the coal ~~fh~aroik~-.·.-.:·.-.-:.-.::::::::::::::::: :::::::: South Carolina . .............................. -. . Wo 175 ~~ 191 ~~ 3H t~~ 710 and salt, the exports brought down this rivflr are very considerable, and by a table made on the 1st of July, 1870, exceeded $1,200,000. I Georgia ..................... - .............. -.... 119 14:1 218 480 doubt not tl;wy have greatly increased since. Floriaa, (Atlantic coast) ......... -.............. 363 29 255 650 Mr. EDMUNDS. I wish the Senator would read the; tables. Total of Atlantic coast to Cape Floxida. _.. 3, 799 2, 788 4, 45J 11, 040 Mr. STEVENSON. I will with pleasure. The articles exported are sing1ed out with their values : GULF COAST. Articles exp01·ted. 1-''lorida, (Gulf coast) .................. ·-·-·· ..•. Ala\Jama . ................ ·--- .................. . 1,144 120 1, 229 67 175 .. -· .. -... Saw.Jogs, sawed lumber, and fencing.posts ............................ .. f550, 40 ............ Val.u e• 000 ~:~~li_: :::::::::::::::::::::::::::::::::::: 95 107 2-2 ............ Staves and spoke-timber ................................................ . 80,000 941 550 565 .............. Tan.bark ,_._ ................ -...... ·-····--· .. ····------ .............. . 75,000 Texas ................ -............ -.. -........ .. 1, 209 316 263 ---··-·· Ke~-timber • _..... -- .................. -----· ......................... .. 8,000 --- - - - - - - --- Hoop. poles .......... _........................ ___ ....................... . 25,000 3, ~- 1 2, 269 J. 1, ~65 I 6, 843 · · tr:J:~-~~~.~~-~~~~:::::::::.:::::::::::::::::::::::::·.::::::::::::::: 45.000 Total of Gulf coast.. ...................... 40,000 1 4586 CONGRESSIONAL RECORD-SENATE. JULY 14, Value. The next amendment was in line 340, after the word "river," to },eathers, bees-wax, ginseng, tallow, hides, poultry, eggs, butter, flax- insert "including Saginaw Harbor;" and in line 341, after the word seed, raas, and prolfuce of country stores ...... . . . . . . . . . . . . . . • . . . • . . . . . $165, 000 Wheat an'a corn . . . . . . . • . . . . . . . . . . . . • . . . . • . . . . . . . . . . . . . . . . . . . . . • . . . . . . • . 50, 000 . "Michigan," to strike out" eleven" and insert" twenty-five;" sf as Potatoe::~ . • •• • • . . • • . • . . . • . . . . . . . . • • . . • •• • •• . . . • . . •• . • . • . . . • . . . . . . . . . . . . • • 6, 000 to make the clause read: Live stock.............................................................. 175,000 For the improvement of the Saginaw River, including Saginaw Harbor, Michi- gan, 25,000. 1,219, 000 Not including coal or lumber. Mr. CONKLING. Does the Senator from Michigan object to thatf Mr. EDMUNDS. The Senator has mentioned sawed logs and other Mr. CHRISTIA.NCY. No, sir. lumber. Mr. FERRY. I hope the amendment will be concurred in. This Mr. STEVENSON. The amount of the items which I read .was is for the river and the harbor at the entrance to the river. I am $1 219 000 and in addjtion to that the finest coal in the world IS to somothin~ like the Senator from New York: I am disposed now to b~ fo~d 'along the forks of this river, in quality unsurpassed in concnr with t.he committee. any part of the western country. The amendment was agreed to. Mr. EDMUNDS. How would it do to make tho appropriation pay- The next amendment was in line 344, in the appropriation for the able out of the gold found on the banks¥ I think the Senator said improvement of the harbor at Milwaukee, Wisconsin, to strike out there was gold there. ''twenty-six" and insert "thirty-two." Mr. STEVENSON. No, sir, I said not one word about gold. They Mr. CAMERON, of Wisconsin. This amendment increases the ap- have salt, iron, and coaL The State of Kentucky has m~de.large ap- propriation for the Milwaukee River from $26,000 to $.32,000. propriations to this river, and its trade nnd commerce wlllm the fu- Several SENATORS. That is enough; we understand it. ture be verv profitable. I am sure that the committee would not The amendment was agreed to. have reduced this appropriation if they had know~ of the nec~ssity The next amendment was to strike out lines 351 and 352, in the fol- of increased appropriation caused by the freshet smce the est1mate lowing words: was made. I hope the original appropriation of $25,000 will be re- For the improvement of the h'l.rbor at Monroe, Michigan, $7,000. stored. Mr. CHRISTIA.NCY. I hope that amendment will not be concurred Mr. ALLISON. The committee had not heard of the freshet of in and I will briefly st-ate the ren,sons. This is a place with which I which the Senator from Kentucky speaks, and therefore they relied a~ very f11miliar myself, having lived there thirty-eight years of my upon the estimate of the engineer made before the freshet occurred. life. It is acn.nal connecting the lake with the river, and this appro- There has been a careful survey of the Big Sandy River made and a priation is mn.de simply to keep the work from going to destruction, suggestion that it be improved by a system of dams and locks from the to keep up the wooden revetments on each side of the canal. mouth of the Big Sandy up to a certain point. The amendment was rejected. Mr. ED1tfUNDS. Is there room for them f The next amendment was in line 356, to reduce the appropriation Mr. ALLISON. I presume there is room for dams on the Big Sandy. for the improvemenL of the harbor at Thunder Bay, Michigan, from Now the engineer reports that fourteen thousand and some hundred $15,000 to $4,764. dollars cnn be economically expended in getting out a f~w bowlders Mr. FERRY. I want to state one fact that I think will be suffi- and snags; but we were pressed very st~ongly (~nd ~ thmk th~ S~n­ cient to convince the Senate that the paragraph ought to stand as ate can appreciate what that means) to mclude ill this appropnat10n the Hom~e passefl it. The State of Michigan chartered a company to Louisa Fork, which is a branch of the Big Sandy and whteh runs up build this harbor. They expended, I think, nearly 100,000, antl long in Virginia somewhere, which has 3: lnmberin~ iutereston it ~ucl they before the expiration of the time the act was repealed because there float out loO's, 1 believe the water 1s about a foot and a half ill depth was so much clamor made on the part of those interested in com- at low wat~r in Louisa. Fork. merce against the ~::J:X imposed. Now the Governm~nt has taken it Mr. EDMUNDS. The Senator has spoken of a "lumberinginterest." in hand after the mt1zens had expended $100,000. It IS asked now that Does he not mea.n a slumbering interest f . . . the Go~ernment in taking it in hand should expend $15,000, ancl it is Mr. ALLISON. No; there is really a saw-mill or two on thisLomsa to prot.ect the work already done. Fork, and they get out lumber th~re. Therefore w~ c~ncluded to in- Mr. EDMUNDS. Has the Government taken it in hand f sert the Louisa Fork and allow this whole appropriatiOn of $15,000 Mr. FERRY. The Government iR proposing to take it iu hand by to be expended upon these two rivers in th~ discretion of ~be engineer the para(J'raph sent us by the House and even by the amendment pro- who might have charge of the work. I tbmk $15,000 will serve t~e posed by~the Senate committee. The amount the Senate commit.tee purpose required by the Senator from Kentucky, and I hope be will have put in is simply for a particular purpose. It does not cover the not insist on an increased a.pproprin.tion. . object of protectingthis bnrbor. That isjust whatis wanted,$15,000. Mr. STEVENSON. I do insist upon it, nnd I repeat what I sa1d Mr. ALLISON. This harbor was examined by au engineer. It now just now that the report to which the Senator from Iowa refers was bas twelve feet of water and is in good condition. The engineer tells made tw~ years ago. I have that report now before me. In it the us that to secure another foot in depth will require an expenditure of assistant engineer, James E. Bell, reports tha~ fo~ removal of obstmc- $4 764 and the committee thought they would compromise with these tions the smallest sum he can get along With 1s $15,00~; and I say p~opl~ at Thunder Bay and give them another foot of water. since that a most memora.ble freshet has occurred durmg the last Mr. ED~1UNDS. What is the use of the other foot Y • year, which rendered this appropriation of 2.5,~00 necessarY_. Mr. ALLISON. It will allow a vessel drawing thirteen feet of water The Senator from Iowa sa.ys the Senate comm1tteehad no mforma- to enter the harbor instead of one drawing twelve, which is all the tion of thiR freshet since the estimate in 1t:n'4. So I supposed. Hut adva,nta(J'o I know of, and there are very few of that character of ves- the House committee did have, and I hope the appropriation will be sels thatwill probably require to enter this harbor. restored. The Senator from I own. seerus to know little about either 1\lr. FERRY. The Sen:ltor knows very well from his familiarity the Big Sandy River or the country through which it passes. Steam- with the Western streams that the saud works rapidly at these bars, boat navigation often exists to Louisa or even farther on both fo!ks of ancl it is necessary to keep tbnt depth of water. I think the number the river during the winter and spring months, and n. finer mmeral of clearances there was about five hundred last year and the amount region consisting of coal and iron, besides the finest lumber, can of property nearly $3,000,000. scarceiy be found. Our State geologist, Professor N. S. Shaler, says: Mr. EDjfUNDS. What collection district is it in f The salt-wells of this valley seem destined w play an important part in its in- Mr. FERRY. In the Huron distriC-t. dustry. The supply of lime is practically inexha.ugtible, an_d .they are snre of fuel from the lower grades of coal at about the actual cost of mmmg. The amendment was rejected. The next amendment of the Committee on Appropriations was to In a very short period, if this river shall be improved and dammed, strike out lines 358 and :359, in the following words: immense quantities of both coal and iron will find markets through For the improvement of the harbor at McCa.rgoe's Cove, Michigan, $15,000. the access of this river and its two forks. This river is the only outlet for an immensely productive country, inexhaustibly rich in both ag- Mr. FERRY. I should like to have the Senator from Iowa. state ricultural and mineral wealth, and all we ask is aid for the removal what he knows in regard to this, aml give us the facts in regard to of existina obstacles to the tmnsportation of these articles to market. this case. I hope tb~ appropriation of $25,000 will be restored, and the amend- Mr. ALLISON. I will state in reply to the question of the SHnator ment of the Senate committee disagreed to. · from .Michigan that no estimate was made for th~s. I looked care- The amendment was rejected. fully at Colton's latest map and ~oulcl not ~nd t~1s pla-ce, and then I Mr. FRELINGHUYSEN. I suggest to the Senator in charge of the looked at some gazeteer with a v1ew to findmg th1s place and I could bill that it is time to adjourn. not find it, and there being no estimate for it we proposed to strike it Mr. EDMUNDS. 0, no; this is too import.ant a bill. out. . Mr. SAULSBURY. I move that the Senate adjourn. Mr. FERRY. Is ·there any recommendation from the Engmeer De- The motion wa.s not agreecl to. partment f The next amepdment of the Committee on Appropriations was to Mr. ALLISON. There is no recommendation. strike out lines :338 and 339, in the following words: The amendment was agreed to. For the improvement of Au S~ble River, Michigan, $2,500. Tlle next amendment of the Committee on Appropriations was to strike out lines 360 and 361 in the following words : Mr. FERRY. I hope t-he Senate will non-concur. For the improvement of the harbor at Ashtabula, Ohio, $10,000. Mr. CifRISTIA.NCY. I hope the amendment will not be concurred in. Mr. THURMAN. I invite the attention of the Senate in all seri- 'I be amendment was r<'jected. ousness to that vroposition. i876. CONGRESSIONAL RECORD-·HOUSE. 4587 Mr. EDMUNDS. How far from the lake is Ashtabula t Colonel Blunt's letter is as follows: Mr. THURMAN. The port of Ashtabula is on the hke. If tho GRA...'ID RIVER HARBOR, OffiO. Senator will ~o there some time he will .find a very nice harbor, at UNITED STATES ENGL"ffiER OFFICE, which two railroads terminate and where an amount of business is Bu!falo, Ne1c York, Nove·rnber 30, 1875. done that I think willsnrprise him. GEl\"ERAL: In my annual report on Grand River Harbor I have not requested any additional appropriation for next year, supposing at the time that the balance re- Mr. EDMUNDS. What collection district is it in f maining of the last one aft.er extendinf" the west pier would be sufficient ro do the Mr. THURMAN. I do not know the number of the district. werk of repairs at the south end or olt portion of t.hat pier, built i~ 1828. Mr. ED~IDNDS. I mean the customs district f A recent examination, however, made with a view to the commencement of work Mr. THURMAN. I cannot answer as to that. I know something at this section, shows not only a much worse condition of the old work than was supposed, but a recent invasion of sand into the west side of t!he channel adjoining, of this harbor. I visited it and spent half a day at this improvement which is steadily encroaching upon and narrowing it. last summer. But I do not speak as from my own knowledge. Whl\t The sum of $:3,000 will not therefore be sufficient to put this part of t.he work and does the engineer say t channel in good condition. and having mado careful estimate I find that $8.000 in addition will be required for that purpose, which fact I therefore respectfully re- Amount required for the fiscal yeM' ending June 30, 1877, r,!O,OOO. port. That is in the general report of the engineer-in-chief. Then in the Very respectfully, your obedient servant, special report of the local engineer, he says in reference to this harbor: C. E. BLUNT, Lieutenant-Colonel of Engineers. When this work is none, there will remain to be built one hundred and forty feet Brigadier-General A. A. HUMPHREYS, of west pier to complete the five hundred feet extension projected and approved, Ohief of En.gineers, United States Army. and the completion of the channel, by blasting ami dred.e;in.e:, t~ a width of one hundred feet and depth of fourteen. An appropriation of $2:5,000 was made by a.ct Mr. EDMUNDS. Is there any recommendation from the Secretn.ry of March 3, 1875, and contract for work in the channel has been made with Messrs. of Wart Case & Jennings. The pier-extension will then remain ro complete the improvement at this harbor. Mr. THURMAN. There is. The Secretary of War communicates this. For this I estimate $20,000 to be required, which wonld be best granted in one ap- Mr. EDMUNDS. Let us hear what he says. propriation . Mr. THURMAN. I have his letter here. .Amount required for entire •md permanent completion of improvement, $20,000. The Secretary of War has the honor rotransmit to the House of Representatives Amount that can be profitably expended during the next fiscal year, f.l(l,OOa. copy of a statement of Lieutenant-Colonel C. E. Blunt, Cor-ps of Engineers, "'f.Tnited The House appropriate only $10,000. It would have been much States .Army, explaining the necessity for the Increase of the est.imate submitted better I think, from my own personal observation, if they had appro- for the improvements at Grand River Harbor, Ohio, ancl ro request favorable COD· Side1-ation of the recommendation of the Chief of Engineers. priated the whole 20,000. There is real danger that if the pier on the west side is not completed, which would complete thew hole work, Mr. EDMUNDS. What Secretary does that f the injury resulting from its non-completion may be more than the Mr. THURMAN. General Be1knap. cost of completing the whole work. I do sincerely trust that this, Mr. EDMUNDS. What date f which iR as meritorious appropriation as there is in this bill, will be Mr. THURMAN. }'ebruary 12,1876. You ha\e the authority then retained, and the amendment'()£ the committee disagreed to. of the Secretary of 'Var, General Humphreys, the Chief of Engineers, Mr. EDMUNDS. I should like to ask the Senator why on his in- and Colonel Blunt., the engineer in charge. I hope the amendment formation, then, he does not move to amend this paragraph by mak- of our committee will not be agreed to. ing this 10,000 $20,000, which it seems is necessary should be appro- The amendment was rejected. priated ; otherwise thjs 10,000 will be lost. The next amendment of the Committee on Appropriations was to Mr. THURMAN. No, I do not say that; but rea11y the appropria- insert as lines 366 and 367 the following: tion ought to be the full $20,000, for it is an appropriation to complete For ropa.ir of piers at mouth of Black River, Ohio, $6,000. the work. The work is a splendid work. I speak of my own per- The amendment was agreed to. sonal knowled~e and from conversation with the engineer on the The next amendment was in line 369, to increase the appropriation very gronnd. 1t needs about 20,000 to complete it, and it ought to for the improvement of the Fox and Wisconsin Rivers from $190,000 be completed really in one appropriation. to $350,000. Mr. EDMUNDS. I wi~:~h the Senator would move to amend the para- Mr. SAULSBURY. That is a very heavy ibcrease of appropriation. graph, then. It is in the interest of reform and economy. I should like au exp1anation. - Mr. THURMAN. I do not like to move to increase beyond what Mr. ALLISON. It is a great national work ancl the engineer in the committee bas done. charge says that $3~0,000 is the lowest possible sum with which he Mr. ALLISON. The Senator need have no delica.cy about that. can c!l..r rv on the work. The Senate has taken its own judgment. The amendment was agreed to. The PRESIDING OFFICER. 'fhe question is on the amendment The next amendment was to strike out lines 371 and 372, in the fol- striking out the paragraph. lowing words: The amendment was rejected. For the improvement of t.he harbor at Norwalk, Connecticut~ $7,000. The next amendment of tho Committee on Appropriations was to Mr. BARNU~L I do not think the committee understood the situ- strike out lines 362 and 363, in the following ,words: ation of this matter when they agreed on this amendment. The ma- For the improveruent of the h:u-bor at Port Clinton, Ohio, $5,000. chinery is there and the work is going on, and 7,000 is the amount Mr. THURMAN. I ask the attention of the Senate to that little estimated to complete it. I hope the Senate will not concur in the amendment. The engineer reports: amendment. The amount required for the fiscn,l yelll' ending June 30, 1877, $20,000. The amendment was rejected. That is the report of the engineer-in-chief. The loca.l engineer re- Mr. ALLISON. I think I shall take the liberty of suggesting an ports in respect to that- adjournment. It is now half past five, and it does not seem possible to reach a conclusion. The sum of $-20,000, which can be advantageously expended during the next fiscal Mr. EDMUNDS. I hope the Senat.or will not do that. There is more year, is recommendea. money in the Treasury to-day th:m there will be to-morrow. Now is And he goes on to give-! will not take the time of the Senate in the time to pass this bill. reading it-a statement of the business done at this comparatively Mr. SAULSBURY. Mr. President, I think we are very great?.de- small port, as I grant it is, but an extremely useful one and one whose moralized; I fear I am getting so myself. I actually voted for ve- business is increasing all the time. I hope thera will be no objection thonsanrl-dollnr appropriatiOn for Wicomico River, in Marylan . to ~ranting this small sum, one-fourth of what he recommends. Mr. ALLISON. I will submit a motion to adjourn. The amendment was rejected. The motion was ag-reed to; and (at five o'clock and thirty minutes The next amendment of the Committee on Appropriations was to p. m.) the Senate adjourned. strike out lines 364 and 365, in the f~llowing words: For the improvement of Fairport H!l.rbor, Ohio, $8,000. The amendment was agreed to. Mr. THURMAN. This is called Grand River Harbor in the reports. In the printed report which was sent to us there is no reco:nmenda- HOUSE OF REPRESENTATIVES. tion for an appropriation for that harbor; it was supposed to be un- necessary; but on the lOth of February the Chief of .Engineers made FIUDAY, July 14, 1876. this special report: The House met at twelve o'clock m. Prayer by Rev. SID~EY CoR- OFFICE OF THE CHIEF OF ENGD;"EERS, BETT, D. D., rector St. Mark's parish, Minneapolis, Minnesota. Washingt®, D. 0., February lO, 1876. Sm: I beg leave to submit a copy of a communication from Lieutenant-Colonel The Journal of yest.erday was read and approved. C. E. Blunt, Corps of Engineers, in char~e of the improvements at Graml River CORRECTO~. Harbor, Ohio, explaining the necessity of an increase of the estimate submittcll for this work for the next fiscal year firising from the bad condition of the old pier Mr. SAVAGE. I rise to a question of privilege. In the debate built in 1828, and asking for ,000 to ]lUt the work in good condition. yesterday, on concurrence in the report of the committee of confer- As this is a necessary e::..-penditnre, I would ask that Colonel Blunt's proposition ence on the silver bill, the ftentleman from Ohio, [Mr. GARFIELD,] in be recommended to the fa~orable consideration Qf Congress. Very respectfully, your obedient servant, reailing from the act of 1869, read the clause- A. A. HUMPHREYS, The faith of the United States is solemnly pledged t{) the payment in coin, or its Brigadier-General and Ohief of Engineers. equiv-alent~ of all the obligations of the United States not be:v·tng interest, known Hon. WILLIAM W. BELK..t\'AP, as United States not-es, and of all the interest-bearing obligations of the United Srcretarv of War. States- 4588 CONGRESSIONAL RECORD-HOUSE. JULY 14, There the gentleman stopped. Afterward, in the course of the The joint resolution (H. R. No. 148) in relation to the wreck of the debate, obtaining the floor by the courtesy of the gentleman from United States monitor Tecumseh was read a first and second time. New York, [Mr. Cox,] I called attention to the fact that the gentle- Mr. HALE. Let me ask the gentlemen a question. As I under- man from Ohio had stopped in the middle of a sentence and I re11.d stand it, this sale to which the report refers of the wreck of this ves- the rest of the clause, which is as follows: sel was under an act of Congress. Is not that so T Except in case where the law authorizing the issue of any such obligation has Mr. WILLIAMS, of Delaware. It was under authority of a joint expressly proyided that the same may be paid in lawful money or other currency resolution of Congress. than gold or sll\'er. Mr. HALE. So that if there is any fault in the matter it is not in stating at the time that the gentleman had omitted that part of the Department, but in Congress. the sentence. Either with or without the gentleman's consent-! do Mr. WILLIAMS, of Delaware. The sale was authorized under a not know which-the reporters have put in the gentleman's remarks j9in.t resolut.ion of Congress for the sale of abandoned property. the whole sentence, making it appear as if he had read the whole The joint resolution was ordered to be engrossed and read a third sentence, while I took exception to his only reading a portion of it, time; and being engrossed, it was accordingly rca~ the third time, nnd thus placing me in the false position of calling attention to a and passed. · fact which does riot exist, if the report in the RECORD be correct. I Mr. WILLIAMS, of Delaware, moved to reconsider the vote by desire, therefore, that I may not appear in a false position, that this which the joint resolution was passed; and also moved that the mo- correction go into the RECORD in order to show that the gentleman tion to reconsider be laid on the table. did stop in the middle of the sentence and that the additional clause The latter motion was agreed to. has been added to his rema.rks since. ELIZA JANE BLUMER. ORDER OF BUSINESS. Mr. MUTCHLER. I n.sk unanimous consent to jntrodnce a bill. Mr. BRIGHT. I call for the rognlar order of business. granting a pension to Eliza Jane Blumer, and to ask for its passage The 8PEAKER pro ternpm·e. Tlie regular order of business is the at this time. call of committees for reports of a private nature, but the gentleman The bill (H. R. No. 11) entitled "An act granting a pension to Eliza from Ohio [Mr. POPPLETON) calls up a que~:~tion of the highest priv- Jane· Blumer was returned yesterday by the President without his ilege. · approval, the reason given for tho return of the bill being that there Mr. SCHLEICHER. Is not the unfinished business the regular was a clerical error in it. The soldier on whose account the pension orderf was granted was described in the bill as a private of Compn.ny A, The SPEAKER pro ternpo1'e. Not on Friday morning. The rnle Forty-seventh Regiment Pennsylvania Volunteers. The records in requires that the morning hour on Friday shall be given to the call the War Office show that he was a private of Company B; and be- of committees for reports of a private nature. cause he was described as a private of Company A instead of Com- Mr. POPPLETON. I yiold for a moment to the gentleman from pany B, the President returned the bill without his approval. In Iowa, [Mr. PRATT.] the bill which I send to the desk, the correction is made, and I ask LOUIS ROSENBAUM. that it be put upon its passage. Mr. PRATT, by unanimous consent, from the Committee of Claims, The SPEAKER pt·o tempon~. The Clerk will report the bill. reported bu.ck th~ bill (H. R. No. 341) for the relief of Louis Rosen- The Clerk read as follows: baum, with the Senate amendment thereto, and with the recommenda- Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- tion that the amendment of the Senn.te be concurred in. thorized and directed t-o place upou the pension-roll, subject to the provisions aml The amendment of the Sen!l>te was read, n.s follows: limitations of the pension laws, the name of Eli:~~a Jane Blumer, widow Qf Henry A. Blumer, a private of Company B, Forty-seyenth Re&iment Pennsylvania Vo]J.Iu- In line 11, after the word "authorize," insert the "Secretary of the Treasury teers, to take effect on and after the date of the said .tlenry A. Blumer's death, as shall be satisfied that sl\i.d check has not been paid and, further, that;" so that it shown by evidence on file in the Pension Office. will read: Mr. RUSK. I understood that that bill with the President's mes- That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Louis Rosenbaum the sum of$1,424.37 in lieu of check nnm bered A 27018, on sage was referred yesterday to the Committee on Invalid Pensions. the assistant treasurer of the United States at New York, d!lted the 5th day of The SPEAKER pro tempore. The bill which was returned by the January, 1874, payable to the order of &'lid Louis Rosenbaum, and signed by M.P. President without his approval, on account of a clerical error, was Small, brevet brigadier-general and commissary of subsistence; which said check, referred to that committee. The Chair understands that the bill sent it is claimC(l, hM been lost, and was never received by the sahl Louis Rosenbaum: Provided, That before the payment hereinbefore authorized, the Secretary of the up by the gentleman from Pennsylvania [Mr. MUTCHLER) is a new bill. TreMury shall be satisfi.eil that said cbeck ha.'3 not been paid, and, further, "that the .Mr. MUTCHLER. It is precisely the same bill, except that the said Louis Rosenbaum shall execute a bond of indemnity to the United States soldier is correctly described as having been a member of Comp:my with sufficient sureties, against the claim of the payee in said draft, or tbe clain.; B, im:1tead of Company A. of any person or persons in possession of or claiming the same; and also to fully indemnify the United States against all loss and damages in the premises. Mr. RUSK. I shall have to object to it anyhow, as it dates back. . ORDER OF BUSINESS. The amendment of the Senate was concurred in. Mr. PR.ATT moved to reconsider the vote by which the amendment Mr. POPPLETON. I rise to a question of the highest privilege. of the Senate was concurred in ; q,nd also moved that the motion to I desire to call up the resolutions reported by the Committee of Elec- reconsider be laid on the table. tions in the contested-election case of Abbott vs. Frost. The latter motion was agreed to. Mr. l\1UTCHLER. I suggest that the objection of the gentleman from Wisconsin.[.Mr. RusK] comes too late. E. D. FRANZ. The SPEAKER p1·o tempore. The Chair thinks not. The gentle- :Mr. PRATT alRo, by nn::mimons consent, from the same committee, man had a right to object when the bill was read. reported back the bill (H. R. No. 339) for the relief of E. D. Franz, Mr. ~OPPLETON. I will yield for a moment to the gentleman with a Senate amendment thereto, and with the recommendation from Delaware, [Mr. WILLIAMS.] that the amendment be concurred in. WRECK OF THE MOXITOR TECUMSEH, The amendment was read, as follows: Mr. WILLIAMS, of Delaware, l)y unanimous consent, from the In line 13 of the bill, after the word "authorize," insert "t.h e Secretary of the Co~ittee on Naval Affairs, submitted the following report: Treasury shall be satisfied that said check has not bet>,n paid, and further that;" so that it will read: Tiil'tommittee on NavalAfi'airs, to whom was referref the noble men so gloriously entomhed, we report a joint resolution and recommend its passage as a substitute for the joint The amendment of the Senate was concurred in. resolution referTed to your committee. Mr. PRATT moved to reconsider the vote by which the amend- Whereas the wreck of the monitor Tecumseh was sold to Joseph E. Slaul!hter un- der the provisions of the joint resolution of June 21, 1870; and whet·eas it is under- ment of the Senate was concurred in; and also moved that the mo- stood that the purcba~er of said wreck proposes to break up and raise the same tion to reconsider be laid on the table. without regard to the bodies of the one hundred and fifty officers and sailors of the The latter motion was agreed to. United States Navy who went down with said vessel: Now, thet·efore, Be it resalved by the Senate and How:e of Representatives of the United States of A mer- SAMUEL J, CRAWFORD. ica in Congress assembled, That tho Secretary of theN avy be, and hereby is, directed to preYent the breaking up or e not the least objection to the instant consideration of this case. companying testimony ordered to be printed and laid on the table If any of them shall vote against taking up the report at this time, it will be simply for the purpose of proceeding with the busin~ on DANIEL WORMER. the Private Calendar. We do not desire to delay the consideration Mr. EDEN. I ask unanimous consent to take from the Speaker's of t.his case. . table House bill No. 1808, which ha.s been returned from the Senate The Honse again divided; and the tellers reported that there were- with an amendment. It is a bill for the relief of Daniel Wormer, ayes 82, noes 72. of Albany, New York. So the Honse decided to proceed with the consideration of the con- There being no objection, the bill and amendment were taken from tested-election case of Abbott vs. Frost. the Speaker's table. Mr. POPPLETON. I will now yield one hour to the gentleman The amendment of the Senate was in lines 4 and 5 of the bill, to from Indiana, [Mr. BAKER,] and give notice that at the expiration of strike out "$3,500" and insert in lieu" 2,000.'' that ·hour I will call the previous qnestion. Mr. EDEN. The amendment of the Senate reduces the amount Mr. BAKER, of Indiana. With the understanding that it shall not given by the bill as it passed the House. I move that the amendment be taken out of my time, I will yield to the gentleman from Virginia, of the Senate be concurred in. [Mr. BARrus,] who desires to get action upon a disability bill. The motion w11.s agreed to. Mr. EDEN moved to reconsider the vote by which the amendment GEORGE WATSON CARR. of the Senate was concurred in; and also moved that the motion to 'Mr. HARRIS, .o f Virginia. I ask unanimous consent at this time reconsider be laid on the table. • to introduce for immediate action a bill to remove the legal and po- The latter motion was agreed to. litical disabilities of George Watson Carr, a citizen of the St.ate of Virginia. RAILROAJ) IN D.AKOTA TERRITORY. Mr. HURLBUT. I would suggest to the gentleman that he 1eave Mr. KIDDER, by unanimous donsent, introduced . a bill (H. R. No. out of the bill and the title the words "legal and." The Senate in- 3891) to aid in the construction of a railroad and telegraph line from variably strike out those words when they are in such bills as this. Fort Abraham Lincoln to the Little Missouri River, in the Territory Mr. HARRIS, of Virginia. I accept the gentleman's suggestion, of Dakota; which was read a first and second time, referred to the and will modify the bill and title accordingly. Committee on Public Lands, and ordered to be printed. The SPEAKER p1·o tempore. Is there a petition accompanying this ORDER OF BUSINESS. bill' Mr. HARRIS, of Virginia. There is. Mr. HOLMAN. I must now insist upon the regular order of busi- There being no objection, the bill (H. R. No. 3892) to remove the ness. political disabilities of George Watson Carr, a citizen of the State of The SPEAKER pro temp01·e. The gentleman from Ohio [Mr. PoP- Virginia, was received, read three several times, and passed, two- PLETON] has called up the report of the Committee of Elections in thirds voting in favor thereof. the contested-election case of Abbott VB. Frost, from the fourth con- gressional district of .Massachusetts. . MESSAGE FROM THE SENATE. Mr. HURLBUT. I desire to raise the question of consideration A message from the Senate, by Mr. SYMPSON, one of their clerks, upon that case. This is private-bill day, and there are a great many announced that the Senate was ready to proceed with the trial of the bills on the Privat-e Calendar which can be pa.ssed if the House cau impeachment of William W. Belknap and to receive the managers on reach them. I therefore will call for a vote upon the question whether the part of the House, and that the Senate Cha:mber was p,repared t~e House will now take up this election case or will proceed to the with accommodations for the reception of the House of Represent.a.- consideration of private bills. . tives. Mr. POPPLETON. The right of a member to his seat is a question The message also announced that the Senate had disagreed to the of the hi&'hest privilege. It seems to me that it can be hardly proper amendments of the House of Representatives to the bill (S. No. 779) to raise tne question of consideration in such a ca.se. to provide for the sale of the reservation of the confederated Otoe The SPEAKER pro ternpore. The Chair is inclined to think that the and :Missouria ID.dians in the States of Kansas and Nebraska, asked questi.on of consideration may be raised iu this case. If the majority a conference with the House upon the disagreeing votes of the two of the Honso are opposed to taking up the matter, it is within th~ir Houses, and had appointed as conferees on the part of the Senate Mr. power to refuse to proceed with its consideration. The question be- INGALLS, Mr. PADDOCK, and Mr. RANSOM. fore the House is: Will the House proceed at this time to consider the The message also announced that the Senate had passed without report of the Committee of Elections in the contested-election case of amenclment the bill (H. R. No. 21ltl) to provide for the construction Abbott VB. Frost' The Clerk will read the rule. of military posts on the Yellowstone and Muscleshell Rivers. The Clerk read as follows : The message further announced that the Senate bad agreed to the When any motion or proposition is made the question, Will the House now con- resolution of the House of Representatives to amend the report of the sider it 1 shall not be put unless it is demanded by somo member or is deemetl nec- committ~e of confei:ence on the bill (H. R. No. 3411) for the repave- essary by the Speaker. * * 4 .And it is competent for a member to raiso the ment of Pennsylvania avenue. question of consideration upon a report even though a question of privilege is in- volved in the report. The message also announced that the Senate had agreed to the re- port of the committee of conference on the disagreeing votes of tha The SPEAKER pro ternpore. The Clerk will now read the resolu- two Houses on the joint resolutiou (H. R. No. 109) for the issue of tions reported from the Committee of Elections. · silver coin. The Clerk read as follows: ELECTION CONTEST-ABBOTT VS. FROST. Resolved, That Rufus S. Frost was not elected, and is not entitled, to a seat in the House of Representatives in the Forty-fourth Congress from the fourth congres- The House proceeded to the consideration of the resolutions re- sional district of Ma&sachusetta. ported by the Committ.ee of Elections in the case of Josiah G. Abbott Resolved, That Josiah G. Abbott was elected, and is entitled, toaseat.in the House VB . Rufus S. }~rost, from the fourth congressional district of Massachu- of Representatives in the Forty-fourth Congress from the fourth congressional dis- setts. ' • trict of Massachusetts. Mr. POPPLETON obtained the floor and yielded to Mr. BAKER, of The SPEAKER pro ternpore. The question before the House is, Will Indiana. the House proceed at this time to the consideration of the resolutions Mr. BAKER, of Indiana. Mr. Speaker, I do not speak to-day with just read by the Clerk t any serious expectation of inducing any gentleman on the democratic The question was taken; and upon a division, there were-a.yes 82, side of the Chamber to vote for the republican member. I beg them, noes 65. however, to pause and at least examine the ca.se fairly and (lispas- Before the result of this vote was announced, · sionately. Under the spur of party zeal, I trust they will not blindly Mr. LANE and others called for tellers. follow their party friends composing the majority of the Committee Mr. HOLMAN. I would inquire of the Chair when the morning of Elections. I am so thoroughly convinced of the public wrong hour will begin f and private injustice which they ask the House to consummate that 4590 CONGRESSIONATI RECORD-HOUSE. JULY 14, I cannot consent to allow this case to pass in silence. If here and page 84, decided by a democratic House in 1846, this principle was now the cause of justice must give place to partisan considerations, distinctly ruled. The committee says: I believe there is a higher forum before which the decision of this The law of Florida requires that the return of votes W.ven for Representative in House will be carried for review. There I cannot doubt a decision Con,!!I'ess Hhall be returned to the secretary of state wtthin thirty days next after will be rendered which will satisfy the blindest partisan that the the election. Yom· committee deem the provisions of the law only as directory, aml honest electors of the fourth congressional district of Massa~husetta are of the opinion that the votes returned after t.he thirty da.ys Rhonld be co'untcd as well as those returned within that time. A different construction mi,ghtlea.d to entertain the belief that they have the right to choose their own bad results and teml t.o defeat the will of the people; a different construction would Representative in Congress. 1 believe such a change will be made at permit a corrupt officer to defeat the voice of a m~jority by his refusing to make t.he next election in the representation of this ancient Commonwealth his return; it would SUQject the will of that majority to be defeated by the acci- as will satisfy the dominant party in the House that if there is one llcntalloss of returns. What is the will of the m~jority legally expressed at t.he polls has been the rnle of the committee, and such the settled rule of the House in thing more than another which the intelligent and patriotic voters a great number of cases. of that State and of the whole country are determined to resent it is the wrong done them under form of law in electing here to represent T.hese principles clearly cover this case and settle the invalidity of thr.m men whom they repudiatecl at the polls. the ground of objection to this poll. It is not alleged in the notice of I beg the majority to recollect that they were sent here as an ex- contest that there was any fraudulent conduct or conspiracy on the periment.. The people are watching their acts with jealous scrutiny part of the officers ~onducting the election to withhold improperly to see whether in the past sixteen years of retirement from "their the ballots, cheok-hst, aud return of the count. The contest is country's service for theil· country's good" they have forgot.ten their grounued on the single fact that they were not returned forthwith old ways of_ crookedness and malauministration. The people are by the constable in attendance at the election, and that as a legal watching to see whether they have learned anything new; to see, in consequence their deliver.v on the next morning was too late to sat- a word, whether being washed up into puhlic life by the tidal wave isfy the law. It was therefore insisted that the return from this wa1·d of 1874 they come up as they went down in 1 60, festering all over must be rejected. The authorities all show that this principle is nn- with corruption and reckless of the p13rpetuity anu we-lfare of the fonnded, and hence the majority of the committee is compellection to a vote unless the contestant went much fur- mony of Mr. Andrews, who swore that there was a discrepancy of at th.er. In a word, the evidence on this branch of t.he case is this: A least 220 votes between the count as given to him at the ward polls certain number of men were employed in the navy-yard between the at night and the return count of the board of inspectors some four dates of October 1 and December 1 whose legal residences were with- days afterward. This testimony was of record. in the limits of the fourth congressional district. It is not proved or Mr. TOWNSEND, of New York. Will the gentleman from Ohio al- known how these men voted, nor whether they voted at all; but it low me ·to interrupt him 'f does appear that no infiuence, dictation, or suggestion was used upon Mr. POPPLETON. With the greatest pleasure in the world; I am a solitary voter, or that he voted in a single instance contrary to his always ready to accommodate my friend from New York. settled convictions. Those, if any, who voted for Mr. l<'rost had a Mr. TOWNSEND, of New York. Did that witness testify that any legal right so to do; those, if any, who voted for Abbott acted with officer of the election or any police o~cer told him what he heard f 1 equal freedom. Not a solitary illegal vote was thrown for either, so Mr. POPPLETON. Iwillanswerthe gentleman's question by read- far as the evidence discloses. This statement of the case, which is in ing :Mr. Andrews's testimony. exact accord with the evidence, is a sufficient reply to the claims made Mr. TOWNSEND, of New York. Very well. by the contestant and a complete vindication of the vot.e given to Mr. POPPLETON. And this House will then understand what he Mr. Frost, wbate'"er that vote was from that quarter. has sworn to. When asked to recommend workmen to those who employed men Mr. TOWNSEND, of New York. That is right. in the navy-yard, I never asked them about their politics. I remem- Mr. POPPLETON. I read now from the deposition of Augustus ber of two men who applied to me for recommendation whom I knew Andrews: to be strong democrats, whom I knew would vote for Judge Abbott. Interrogatory 1. State your name, ago, residence, and occupation. , As I knew them to be good workmen I recommended them cheer- Answer. My name is Augustus Andrews; my age is twenty-two years; I reside fully, and felt a little pride in showing them that I had no partisan at No.5 Baldwin Place, Boston; am counselor at law. . feeling. Int. 2. On November 3, 1874, did you go to the ward-room of ward 4, Chelsea; if so, at what time 1 The Hoose will, therefore, see that it would be a great wrong to A. I did, at twenty minutes or quarter of ten o'clock in the evening. throw out i.he vote of ward 4, Chelsea, and an equal injustice to dis- Int. 3. State what you saw, and what took place while you were there. franchise the workmen in the navy-yard by jumping at a round A. When I went in there were six or eight men present, one or two of whom were police officers; some of those present were inside of the rails; a few outside; three hundred, and saying you guess that is about the rishtnumber to they were doing nothing unless one or two were writing; I asked them if they be deducted, when there is not the first scintilla of evidence to show could give me their figures; thereupon one of them, going to another desk- that a single fraudulent vote was cast by a workman in t~e navy- Now what does that mean," going to another desk 'f" It was to yard. somemanwhohadauthority and t.he right insidethatrailing. None I therefore hope, Mr. Speaker, that the House will rise above parti- but officers of the election were allowed inside by the statute. sanship and refuse to throw out the vote of ward 4, Chelsea, and also refuse to disfranchise the workmen in the navy-yard. If they do, the Thereupon one of them, going to another desk, gave me tllo figures-the vote botll for Frost and Abbott in that ward. I asked them if they had forwarfled their re- sitting member will be retained in his seat. turns. They sa.i.d, " Yes ; they h:\d just sent them down." Mr. POPPLETON. Mr. Speaker, it is a little remarkable that ac- Int. 4. Did you see any check-list or ballots in the room while yon were there 1 cording to the practice which has obtained in the management of A. I did not. contested-election cases in this Congress, gentlemen whose seats are Int. 5. What did you then do 1 A. I immediately drove back to tho city marshal's office, in Chelsea, ami asked a. contested come upon the floor of the House and undertake to make police officer if he had received the figures of the votes of ward 4. He r;a.id he had, their case here mther than before your committee in the committee- and gave them to me. They corresponded to those given to me just previously at the room. This is not the only time that this has occurred durin~ the ward-room of ward 4. present Congress. In another case, after the proof was submitted, That is the testimony of Andrews. He further goes on and states after the issues were made up, after the deliberations of the commit- that the vote given him was 150 for Abbott and about 400 for ~'rost. tee were concluded, its judgment formed, and its report made to the After these ballots had la,in in the custody of this night-watchman House, the contestee placed himself in the attitude of attempting to overnight, after they had gone away from the proper legal recepta-:- furnish proof before the House and to ignore your committee. cle, afte~· they had been seven or eight hours in the unlawful custody :Mr. FROST. Will the gentleman allow me to ask him a question f of an unlawful officer, so far as the election law is concerned, then, on Mr. POPPLETON. Certainly. a recount, some four days afterward, instead of 150 ballots in the Mr. FROST. I would like to ask the gentleman whether I have box for Abbott and 400 for Frost, the vote stoo£1575 for Frost and 105 not offered these matters in testimony before the committee-cer- for Abbott. There is the witness, and there is the testimony that tainly without ignoring the committee f this self-reliant and self-sacrificing member of the Legislature and Mr. POPPLETON. I can say in reply to the gentleman's ques- warden volunteered to send their communications to the contestee tion that after the report of the committee was printed, after their since to contradict-now when the case is closed, when the testi- la bora upon this case were closed and a deliberate conclosio:q reached, mony is closed, and when your committee have made their report and when weeks had elapsed afte.r that period, then the contestee did asked for your verdict, these ex pa1·te communications arP produced. present these letters for my consideration a.s chairman of the sub- Mr. FROST. Will the gentleman allow me f committee, and only then. The point I make is that if gentle- Mr. POPPLETON. Certainly. men have facta within their possession or knowledge which bear Mr. FROST. With all respect to the committee, I wish to call the 4596 CONGRESSIONAL RECORD-HOUSE. attenbion of the House to the fact that against the evidence of one Now, it is not necessary in a case of this kind that there should be young man which has just been given.to the Honse I place the tes- affirmative proof that actual fraud was committed, although !regard timony of the warden and represenbative, both of them democrats. the testimony of Mr. Andrews as prima facie, if not conclusive, evi- Mr. POPPLETON. It is a stubborn fact in this case that no wit- dence of the fact that frauds were committed, and that these ballots ness that is called contradicts the testimony of Andrews, not a wit- were tampered with. That is not necessary, I say; but it is only nec- ness. essary in the eyes of the law that it shall appear that opportunities I affirm here now, not a single witness who is called contradicts the were afforded for the commission of fraud; and whenever that ap- testimonv of Mr. Andrews as to this conversation having been had in pears the onus of proof shifts at once onto the contestee, and he must that ward-room. He stands unimpeached and uncontradicted so far prove the fact that while those ballots were thus in such illegal and as that is concerned. Another remarkable fact-a fact that was made unlawful custody, no tampering took place with them, no offense was an issue by the brief of the contestant ill this case, a fact that was committed in the way of interference with them, and that the ballots presented in the form of argument by the brief in this case-is that were intact. a bout six months before the ca.se was concluded, before the case was While upon this subject I may remark that the question is involved argued, before it was considered, Judge Abbott asked the pertinent here whether or not this statuto is mandatory. I contend th&t a law qwstion, the overwhelming question, under the aspect of things as appertaining to elections, for the maintenance of the purity of elec- 1hey at p1esent stand, "Why did not you call the warden t Why did tions, as contraclistinguished from the mere matter of regulat.ing not you call the night-watchman T \Vhy did not you call the three forms that are to be observed in the conduct of the election-a law ir,spectors, t1o men who were possessed of knowledge as to the in- enacted to prevent frauds, when the violation of or neglect to com- tegrity of thoRe ballot.s T" Why are they left out Y That J>roposition ply with it.s provisions would open the door to the perpetration of was presentPd to the gentleman and to his counsel more than six frauds-is mandatory in its character. When the violation of a stat- months before i he case closed, before the case was submitted-pre- ute enacted to prevent frauds, or the simple omission to execute its sented by the brief of the contestant himself. And this is remark- provisions, throws the door open for the perpetration of fraud, that ably strange, arter that period has elapsed, after +,he challenge was statute is mandatory in its character, and is not directory at all. If made, and after tl 1e invitation was extended, if y9u have any testi- this were not the rule, Mr. Speaker, it would be utterly impossible to mony the committro were anxious you should produce it. I hurl determine the purpose of a mandatory statuto. The object of the back any charge upon the democratic membership of that commit- statute is, first, to prevent the perpetration of frauds. Now if, by tee of any intent or purpose of unfairness in the adjudication of this violating the plain terms of that statute, you open the door to fraud, case. Look at the result of the work of your committee. Examine you ignore the statute, and ignore the legislation upon that subject, it fairly and see whether the deliberate judgment of that committee and the legislation goes for nothing. has not been exerci ·ed upon the case free from bias or p!lJrtisanship. Now, Mr. Speaker, we have undoubted authority from the other When the challenge is made that this proof be produced, why is not aide of the House; we have the best authority, perhaps I may say, the proof produced T Why was it not produced six months ago and with due deference to the gentlemen who constit.ute the minority of your committee allowed to pass upon it and the contestant allowed the Committee of Elections; wehavetheauthorityof Mr. .McCRARY, to take counter-proof to show the absurdity' or falsity of tho state- the author of the work on the American law of elections. We have ment T also the authority of Judge Hoar, a clear-minded, clear-headed, Mr. Speaker, the time for appeal upon a proper cnse and the adju- jurist upon the same subject, and I beg the House to bear with me dication of a proper ca.se is when t.hat case is on trial; when it is while on this point I read the authority furnished us by these gen- being submitted to the al'bitration of the properly constituted legal tlemen in a contested-election case to be found in second Bartlett, authority, and not under such circumstances and at such times as this. page 467, decided in the Forty-second Congress of the United States. So much for that. In the debate in the House of Representatives Mr. McCRARY says: The statute of 1\Iassa.chusetts regulating this matter of the count- If the law provides an officer whose duty it is to bold possession of the ballot- ing of the ballots and the return of the vote is a recent statute, a boxes and ba,llots themselves after the polls are closed, I think no recount shoulu statute enacted by tho Legislature of the State of Massacnusetts the ever be allowed, unless it appears that the ballot· boxes and ballot.! had remained same year that this election occurred; a statute, as is proclaimed and in the custody of that officer during the interval between the election and the re- count. as is not denied, which was enacted for the sole purpose of prevent- ing frauds that had grown up in this district a.nd in the adjoining In this c~se a reco1mt was provided for by the laws of Massachu- district of Massachusetts. It wa-s proclaimed that the enactment of setts: the statute was for that sole purpose; that the object and aim were to That ought always to be ono of the prerequisites, ll.lld without it there can be stop the tide of fraud and corruption flowing out of those two dis- neither certainty nor safety. tricts. No matter whether coming from democratic precincts or re- He further says in the s'trne case: publican precincts, no matter whether coming from democratic wards I think another ru1e must be observed. It must appear that the ballots have been or republican wn.rds, the object was one and alike; and that was to securely kept, that they h:we not beeri e::q>osed, and that there has been no oppor· stay the tide of fraud and corruption that emanated from those dis- tunity to tamper with them. This ought to appear affiriilllotively. tricts. And what are the terms of this stlttnte f It provides that Now, that is the opinion of Judge McCRARY, a pretty good author- when tho ballots are polled and have been counted :tnd when there- ity in this House, and who ought t.o be first-class authority for the turns are sealed up they shall be-what! Theyshall be''forthwith" other side of the House. Further on iu the same case Judge Hoar, of transmitted to the custody of the properly designated legal officer. Massachusetts, says: That is the law. They shall be transmitted "forthwith." Now what was done in this case T 'Vhy, sir, instead of that being It makes no difference for the purpose of my point whether it (the ballot-box) was there (in an exposed place) for twelve hours or twelve days. Now, I do not done, the returns are taken and put in the custody of the night- claim that there is any evidence here that when the bar-room was left alone in the watchman, a man unknown to the law a man unrecognized. And, d:~.y.time or in the night-time any person entered it, opened that box, and substituted what is more, they venture to do that thing in the face and eyes of other numbered ballots for the ballots which it contained. All I have to sav is that the statute. And what more T They fail to call that night-wn.tch- ndl'Oitness less than that practiced for a less important purpose in many and ordi- nary cases of crime, robbery, burglary, and forgery, could easily accomplish that man, though he is in the city of Boston, under the very droppings resrilt. Now, we know how eager, how llDBCrupulous, how adroit, in many in· of the sanctuary of thesE' parties. They failed to call him as a wit- stances, are the means which are lliled to affect political contests. It is not the ness to show that while these ballots were in his possession no fraud question whether the frinnds of the very respectable and very able gentleman who claims this seat did, or were capable of doing, such a thing. The question is was perpetrated. Now who is to blame for this T Is the contestee or whether you are willing to turn out a sitting member from t.ltis House, whenever the contestant f The law had been violated, openly ·violated. The hereafter in any district of the country any member may be able to do such a thing, law had been trampled down, openly trampled down. Now who shall and may have been able to do it without det-ection 1 The interests of the sitting assuage the vengeance that is due for this violation of law f No one member and of the contestant disappear before a question like this, which involves the interests of the American people in the est:lblishment and maintenance of 11o exceptthecontesteehimself. .Andthenight-watchman, within whose strict~ wise, and safe ru1e of public policy. knowledge the whole facts are contained, could have been subpamaed It is not merely a question whether the recount wns correct; it is a question and placed upon the witness-stand. But, no ; he is as dumb as the ox whether you know and are sure that the thing count.ed upon the recount was the before the slaughter. And yet gentlemen ask us, a committee that has same thing that was counted, or which should have been counted at the time the ori.,l7inal count was made. deliberately gone to 'iVOrk to discharge its duty, to go back of the records, to go behind all this, and to say, "We will excuse you from The question is not whether the recount was correct, but are you this criminal act of neglect f' for if that be true which is written sure; is there, in the language of Judge McCRARY, a:ffirmati ve proof upon the document presented by the contestee himself, it would that these ballots have not been disturbed in any shape or form t I amount to criminal neglect on the part of the contestee or those who say that in this case there is not a scintilla of proof on that question are managin~ .his case for him. They ask us to go back and to receive put in evidence on the part of the contestee, and we are left to the theso things m the form in which they appear here, in the form of stubborn facts on the stubborn platform erected by the rules and de- mere e-x parte communications. cisions of law to find a verdict in this case. Aside from that we have The statute, as I said before, was enacted that very year for the the testimony of Anderson, which is uncontradicted, which affirma- purpose of preventing these very frauds that had been growing in tively shows that these ballots must have been tampered witp. intensity until they had assumed m:tmmoth proportions. And then Now, Mr. Speaker, if this view shall be taken of this case, it puts what is done f _ Why, sir, deliberately, in the face and eyes of this an end to the contest; itleavesamajorityforMr.Abbottof 412votes. statute, these ballots are withheld from the custody of the city clerk I beg the House to remember this, that it is admitted that in the town and arenot carried to him at all until opportunity after opportunity of Winthrop there were 2 illegal votes cast for Frost. It is admitted under the shades and darkness of night has been afforded for the per- and conceded, too, that there was a vast amount of fraud n.nd corrup- petration of the most outrageous frauds. tion in the fifth ward of the city of Boston. ' 1876. CONGRESSIONAL RECORD-HOUSE. 4597 In order to avoid trouble and to save the labor of writing out the men employed in that yard, some of them from the 26th of September testimony of one hundred or more witnesses, which would depict to and some of them from the 1st of October, and the sun bad hardly your view a scheme of fraud and crime unheard of and unrecorded in set upon the night of the election when discharges commenced aad the record of either party of the pa-st, we have agreed unanimously extended to the number of three or four hundred men during the that 105 fraudulent, illegal, desperate, criminal votes were pol1ed for month of November; and yet, in view of these fa{}ts, the gentleman from Mr. Frost in the :fifth ward of the city of Boston. That is the delib- Indiana [Mr. BAKER] gets up and tells you what a terrible offense erate conclusion of the entire committee. Then, too, in the second the democratic members of the Committee of Elections have com- ward of Boston t.he same set of men, the same vampires n•om the cus- mitted in undertaking to unseat his dear friend, the gentleman from tom-house of Boston are found manipulating the tally-sheets and bal- Massachusetts, [Mr. FROST.] I say that if yon of the republican lot-boxes of that ward; and it is agreed unanimously by the commit- party obtain 500 votes in this way, so long as I am a member of the tee that 30 unlawful, fraudulent, corrupt, villainous votes were ca-st Committee of Elections I shall send these votes back and say to the !or Frost in that ward. The agreements of the committee go right honest people of the district, "Yom votes shall be counted and none down until we come to the navy-yard, which is the cess-pool from of these fraudulent votes shall." which all this iniquity has flowed out in connection with that dis- Another little point, anothAr little episode. Here is a gentleman trict. The employes at the navy yard with those n·om the custom- employed in the Boston custom-house, and I want you to look at him house go hand in baud, devils like, and march down over the rights and see how he appears. He is one of the recommenders. I am sorry of the people of that district. Custom-house and navy-yard, twin to say that the contestee is one of the recommenders also for the em- sisters on their mission of fraud and crime, join hands that the work ~ployment of men in the navy-yard. I regret to say it, but it is a fact may be the more complete. that stands out in this case in bold relief; and I would steer very Mr. SPARKS. Will the gentleman allow me a question at this far from the record if I did not annonnce the fact that the contestee point f is also one of the parties recommending men for employment in Mr. POPPLETON. Certainly. the navy-yard just preceding the election. This man's name is Mr. SPARKS. I understood the contestee to say that he presented Charles H. Leach. Here is his :first letter: these two letters, one from the inspector and the other from the rep- CUSTOM·HOUSE, BOSTON, MAssACHUSETI'S, SURVEYOR'S OFFICE, resentative of the district in the State Legislature, to the contestant. September 19, 1874. Now, I want to know if those letters were presented to the subcom- Mr.H.uxs: D&A.R Srn: The bearer, Mr. Donovan, of ward 2, desires emJ?loyment in your de· mittee and accepted by that subcommittee as proof and testimony f partment. If yon ca.n favor him in this direction you will oblige the undersigned. Mr. POPPLETON. Not at all, sir. Yours, respectfully, Mr. SPARKS. A further question. Were they rejected by the sub- CHARLES H. LEACH. committ~e, and was the contestee warned that they would not be Now here is another letter written on the 31st of October, four days received T before the election. I ask gentlemen to listen to it: MT. POPPLETON. Not at all; nothing of the kind .. BosTON, Octobtr 31, 1874. .Mr. SPARKS. To whom were they submitted f Mr. POPPLETON. To the chairman of the subcommittee. These good FRIEND SAMSON: Can you give employment to this man f Ho iB capable of doing service. I hope I shall not be obliged to ask another favor before election-a letters were presented possibly ten or :fifteen days after the report of few days, that's all. this committee had been made and submitted to the House and or- Yours, respectfully, dere(l to be printed, and ready to be called up at any time. CHARLES H. LE..ACH. We will nse him at the polls Tuesday. Mr. SPARKS. Do I understand the gentleman to say that theywer~ submitted after the report was made to the House T [Here the hammer fell.] · Mr. POPPLETON. Yes, along time after; afterthecommittee had The SPEAKER pro tempO're. The time of the gentleman from Ohio fully discharged every obligation it felt itself under, h~d made its [Mr. POPPLETON] has expired. deliberate report; and theu ten or :fifteen days after th::J.t-I will not Mr. SPRINGER. I aBk consent that the gentleman's time be ex- undertake to state the exact length of time-these papers were pre- tended. sented for our consideration. We had no authority to act upon them. There was no objection. The warden and the representatives in the State Legislature were Mr. POPPLETON. Mr. Speaker, .the gentleman from Illinois [Mr. living at the time the testimony in the case was taken, and, as I havf) SPRINGER] is very kind in req nesting that my time be extended, and said, more than six months before that time Mr. Abbott, the contest- I very highJy appreciate the compliment just paid me by the Honse ant., had asked the contestee, "Why do you not call the warden T in complying with the request. But I will not detain the House \Vhy do you not put the inspector on the stand and the night watch- longer on this subject, and will ask that a vote be now taken on the man on the stand!" It is a little too late to come in with this last report. dodge. The SPEAKER p1·o tempore. The :first question is upon the resolu- But my attention was called away from the navy-ya,rd. Now, I tions reported by the minority of the Committee of Elections as a am not going to take up the time of the House in discussing this substitute for the resolutions reported by the majority of the com- navy-yard business. It is the source from which all their blessings mittee. have flowed in this district. It has been the cess-pool whose bitter The resolutions of the minority of the committee were as follows: waters the honest people of the fomth congressional district of M:ts- Resolved, That Rufus S. Frost was elected, and iB entitled, to a. seat in this sachusetts have been compelled to drink from year to year from the Honse, &c. time that Mr. Burlingame represented the district down to the pres- Resolved, That Josiah G . .Abbott was not elected, and iB not entitled, to a seat in ent time. During that whole pe1iod the history of the district has this House, &c. been fraught with charge upon charge of corruption and iniquity on Mr. TOWNSEND, of New York, and Mr. HURLBUT called for the the part of the manipulators of the navy-yardlocated in that vicinity. yeas and nays upon substituting the resolutions of the minority for The gentleman from Indiana tells the House that the democratic the resolutions of the majority of the Committee of Elections. party made use of the navy-yards and that democratic administra- The yeas and nays were ordered. tions used to use the navy-yards for political purposes, and I suppose 'l'he question was taken; and there were-yeas· 79, nays 102, not he would have his argument go so far as to hold that the republicans voting 106; as follows: bad a right to use the navy-yards also. So far as a charge against YEAS-Messrs. Adams, George .A. Bagley, John H. Baker, William H. Baker, the democracy is concerned, one thing is certain: that the democracy Ballou, Bradford, Bradley, William R. Brown, Horatio C. Bnrchard, Burlei~h, Cand- ler, of the present day, marching on the line of reform, are going to re- Dunnell, Cannon, Conger, Crapo, Crounse, Culberson, Danford,· Darrall, Davy, Dobbins, Eames, Evans, Foster, Freeman, Frye, Garfield, Hale, Hardenuergh, Ben- form the republican party, and if the democratic party needs reform jamin W. Harris, Hathorn, He11dee, Henderson, Hoskins, Hunter, Hurlbut, Kasson, in any respect, they will get their full measure of it. 'kehr, Kelley, Ketcham, George M. Landers, Lapham, Lawrence, Leavenworth, Now in order to show you the line of policy adopted, I wiU read you Edmund W. M. Mackey, MacDongall, McDill, Monroe, Nash, Norton. Packer1Will- a little piece of literature which you will understand quite well: iam A. Phillips, Pierce, Plaisted, Potter, Pratt, Rainey, John Reilly, Robmson, Rusk, Sampson, Schleicher, Smalls, A. Herr Smi~, Strait, Stevenson, Thornburgh, BOSTON, MAsSACHUSE'l'l'S, October 23, 1874. Throckmorton, Martin I. Townsend, Washington Townsend, Tnfts, Van Vorhes, MY DEAR CoM.: I wish you would approve reqnisitaons for men to be employed Wait, .AlcxanderS. Wallace, John W.Wallace,Whiting,Willard, .Andrew Williams, as they may be made until t.be Jst of November. and Woodworth-79. NAYS-Messrs. .Ainsworth, .Anderson, .Ashe, .Atkins, John H. Bagley;.ir., Ban- You will remember that the election occurred on the 3d day of ning, Beebe, Bell, Blackburn, Bland, Boone~, Bright, John YounJ?: Brown, Buckner, November. Samuel D. Burchard, Cabell. John H. Calnwell, Willirun P. Caldwell, Cate, Cau~­ fl.eld, John B. Clark, jr., of Missouri, Clymer, Cochrane. Collins, Cook, Cowan, Cox, Some fifty additional men have been allowed from the Chelsea district, and I snp· Cutler, Davis, De Bolt, Dibrell, Eden, Ellis, Felton, Finloy, Forney, Gause, Glover, po a some more will be required from Gooch's district. Goodin, Gunter, John T. Harris, Harriaon, Hartridge, Hartzell, Hatcher, Henkle, Hereford, Hill, Hooker, Hopkins, House, Hurd, Jenks, Frank Jones, Knott, Frank· My friend from Massachusett.s [Mr. BANKS] is interested in this. lin Landers, Lane, Levy, Lewis, Lord, Maish, Meade. Milliken, Mills. Mutchler, Now mark the a,utboritative declaration of an officer high in the New, Phelps, Poppleton, Powell, Randall, Rea, Rice, Riddle, Scales, Singleton, Sle- administration. mons, William E. Smith, Spencer, Stringer, Stone, Tarbox, Teese, Thomas, Tucker, Turney, Robert n. Vance, Waddel, Gilbert C. Walker, WaHing, Walsh, Erastus The administration desire the success of Gooch nnd Frost. Wells, Whitehouse, :Wigginton, Wike, .A.lphens S. Williams, James Williams, Yonrs respectfully, James D. Williams, Jeremiah N. Williams, Willis, Wilshire, Benjamin Wilson, and I. HANSCOM, Young-102. . Ohief of Bureau of Oomtrttction of United States. NOTVOTING-Messrs. Bagby, Banks, Bass, Blair, Bliss, Blount, Campbell, There was the groundwork of your navy-yard officers and your Cason, Caswell, Chapin, Chittenden, John B. Clarke of Kentucky, Denison, Dou~­ las. Durand, Durham, Egbert, Ely, Faulkner, Fort, Franklin, Frost, Fuller, Gibson} navy-yanl vote. Is not that pleasant literature for some of these Goode, Andrew H. Hamilton, Robert Hamilton, HancO<'k, Haralson, Henry R. gentlemen to read f Why, sir, there were five hundred and fifty-eight Harris, Haymond, Hays, Abram .S. Hewitt, Go,ldsmith W. Howitt., Hoar, Hoge, Hol· 4598 CONGRESSIONAL RECORD-HOUSE . JULY 14, . man, Hubbell, Hunton, H~an, Thomas L. Jonea, Joyce, Kimball, King, Lamar, An act. (S. No. 894) to provide for the sale of the Fort Kearney mil- Le Moyna, Luttrell, Lvnch, Lynde, L. A. MaOrts these facts to the intendant-general at New Orleans, puts the party in possessiOn, and recommends the grant oo be made. land claims in the States of Florida, Louisiana, and Missouri, and for The int~ndant-general refers the applications oo the proper department of the gov- other purposes," extended by an act of Congress approve(l J nne 10, ernment at New Orleans, and, before any action is ~ken, the change of government 1872, as entered in the transcript of decisions transmitted by said re- takes place. So far as written eTidenceof title is concerned, it is not perceived why corder to the Commissioner of the General Land-Office, and by him this objection of the Commissioner would not have excluded a large portion of the claims in Missouri, confirmed by the act of Jnly 4, 1836. It i~ true these claims laid before the Forty-third Congress, be, and the same are hereby, were founded on a concession, warrant, or order of survey. Ne1ther of these made confirmed; saving and reserving, however, to all adverse claimants a perfect title, and the very object of the statute of 1860 was oo enlarge the riglltof the right to assert the validity of their claims in a court or courts of these claimants and extend their right to confirmation to cases which were not\ justice, to wit: Eight thousand arpents to the legal representatives strictly spea-king, concesRions, orders of survey, or permissions to settle, but where they had any writt~n evidence of title, that is, a~ we construe these words, any cases of J. Clamorgan; twenty-nine hundred and forty-four arpents to the where an authorized officer of the Svru!ish government gave consent in writing oo an legal representatives of Peter Provenchere; seven thousand and fifty- appropriation of a part of the public domain, and put the petitioner in possession six arpents to the le~al representatives of Francis J. B. Valle; seven thereof. In both of these cases, possession is proT en oo have been taken by the ap- thousand and fifty-siX arpents to the legal representatives of Francis plicants and maintained by them for many years after the chan.'(e of government. The short time intervenin~ between the filing of the petition in these cases and Valle, sr. the cession of this territory and purcha.<~e by our Government, aml the difficulty of The second section of the bill provides that, if it shall be found that communicating with the government at New Orleans, no doubt prevented favor- any tract or tracts confirmed as aforesaid, or any part thereof, had able action thereon by the Spaniah authorities, and Congress has by its legislation1 since the report of the last board of commissioners was acted upon in 1836 ann been previously located by any other person or persons under any law prior oo t.ho passage of the acts under which these claims are prosecuted, shown of the United States, or had been surveyed and sold by the United 1t8 rer,ognition of cL'lims with DO higher evidence of title than these claimants have States, this act shall confer no title to such lands in opposition to the produced. In the act of 4th of Jnly, 1836, confi.r ming the report of this hoard, rights acquired by such location or purchase; but the individual or many claims were excepted from confirmation; but since the passage of this act most of tho claims thus excluded from confirmation have been continued by a individuals whose claim or claims are herebr confirmed shall be per- special act of Congress. The claims thus confirmed have no higher dignity, nor mitted to locate so much thereof as interferes with such location or are they supported by :JJlY better evidence of title, than the two claims whose con- purchase on any unappropriated laml of the United States that may firmation by th1:1 recorder has been disapproved by tho Commissioner of the Gen- be subject to entry at private sale ; provided that such location shall eral J,and Office. (11 Statutes of the United States, page 294.} It is the opinion of your committee, therefore, that these fonr claims should bo conform to the legal divisions and subdivisions, and shall not inter- confirmed, wit.h the usual clause of saYin)! of advance rights and allowing reloca- fere with the rights of other persons. tion upon any public lands of the United States; and they recommend the passage Mr. BUCKNER. I ask the Clerk to read the report of the commit- of the bill (lt R. 819) accompanying this report. tee. MESSAGE FROM THE SENATE. The Clerk reafl as follows : The committee informally rose; and a message from the Senate, by The claims mentioned in thiB bill come before Congress for its action by virtue Mr. SYMPSO:N, one of their clerks, notified the House that that body had of the fourth and fifth sections of the act for the final adjustment of private land claims in the States of Florida, Louisiana, 3Jld Missouri, approved June 2'1, 1860. adopted the report of the committee of conference on the disagree- (12 Statutes, pages 84, 85, and 86,) the provisions of which were extended by act of ing votes of the two Houses on the bill (S. No. 332) to amend an act Congress approved June 10, 1872, and on account of the action of the CommlSsioner entitled "An act to amend and supplement an act entitled 'An act of the Land Office as required by said first-mentioned act, and reported to Congress to establish a uniform system of bankruptcy throughout the United at the first session of the Forty-third Con~ress. By the provisions of the first- named act tbe recorder of land titles in the ~tate of Missouri was marle a commis- States,' approved March 2, 1867, and for other purposes," approved sioner to hoar anti decide, according to equity and justice and the principles in such June~' 1872. 4600 CONGR"EJSSIONAL RECORD-HOUSE. JULY . 14, 1\USSOURI LAND CLAI~IS. ply with the treaty obligations of this Government." I confess, sir, The committee resumed its sesswn. that sort of logic does not operate with me at all. If the claims are Mr. ·DUNNELL. I offer the following amendment. just; if it is due to these parties that they should have this land, and The Clerk read as follows : the Government have sold what originally belonged to them, and by Pr011idedfurUter, That no location shall be made on any land north of the Stat~ the terms of the treaty and under the laws of Congress belonged t.o of Missouri. them, t.hen it matters not whether the quantity is large or small. The Government of the United Sta~s should do its duty m the premises. Mr. DUNNELL. Mr. Chairman, I objected to the pa.ssage of this I suppose, sir, we might have got rid of the objection of the gen- bill when it was up before. My attention was called to some state- tleman from Minnesota if we had agreed to give the e parties the ments made in the report of the Committee on Private Land Claims, right to locate their land in the State of Missouri, and had excluded and to the large amount of land it is proposed to convey by this bill. the pine lands of Minnesota. I take it that is the ground of the It provides for the disposition of about twenty-four thousand acres objection of the gentleman. If we could have done that in ju tico of the public land, and the very best that can be said by the com- to these partiE's, or in justice to anybody, I presume we should have mittee is that the title is uncertain ; to use the words of the com- had no objection to this bill. But on what principle can that be mittee, which I will read from the report: claimed f There are claims for lands coming up against the Govern- Neither of these made a. perfect title, and the very object of the statute of 1860 ment in Indiana and in the Southern States where there are no pub- waa to enlarge the right of these claimants and extend their right to confirmation to cases which were not, strictly speaking, concessions, orders of survey, or per- lic lands; in Arkansas, Alabama, &c., where the public lands are all missions to settle, but where they had any written evidence of title, that is, as we exhausted. Will the gentleman's argument apply to such claims f construe these words, any cases where an authorized .officer of t.l;le Spanish govern- It would be equivalent to saying that no such claims could be enter- ment gave consent in writing to an appropriation of a part of the public domain, tamed at all. and put the petitioner in possession thereof. No, sir; this is not a claim against the State of Missouri. These These imperfect and inchoate titles have been for a very long time lands belonged to these parties when the territory now occupied by unsettled and unadjusted. For seventy or eighty years these claims Missouri waa a Territory and Minnesota was a part of that Territory. obtained no recognition by the Government, and now upon the report And therefore Minnesota has no right, and no other part of the coun- of this committee, unsatisfactory in its reasonings and itsconclusions, try west of the Mississippi R~ver has the right, to be exempt from it is proposed to grant scrip to the amount of 24,000 acres of land. It the operations of this act. It is impossible that the Government will be remembered all these orjginal claimants havo passed away. should indemnify claimants by certified locations in Illinois or Indi- Really these men who get hold of this scrip are not any of them ana at this day, or even in Missouri to a very great extent, because the original owners or the original claimants. It is now proposed to our public lands amount now to very little in value ; and that is give them scrip, and they are to be allowed to go anywhere, any- true in reference to many other States of the Union. Hence, there where in the country, and locate this scrip on any unappropriated can be no propriety in the suggestion of the gentleman that it should land, They may be public lands open to homestead entry; they may be confined merely to the State of Missoun. If there is any objec- be timber lands of the country. It is proposed, I say, to give scrip tion to the bill at all it grows out of the construction which the Com- to the amount of 24,000 acres of land. mittee ou Privat-e Land Claims have given to the law, and the gen- Now, I have offered an amendment here. I have said to gentlemen tleman from Minnesota [Mr. Dumo."ELL] does not attempt to show that if the lands could be found in the State of Missouri, where these that that construction is wrong or improper. claims exist, then if the State of Missouri presented no objection, Mr. DUNNF.LL. Is not the construction of the committee in diroct very 1 well. But if the rights of these claimants originally pertained conflict with the previous construction given by the General Land to the State of Missouri, then I insist that they should :find their lands Office t in that State, rather than go into the State which I in part represent, Mr. BUCKNER. I .will answer the gentleman on that subject. and other Stat.es where there are large quantities of the public lands. The Commissioner of the .General Land Office refened this subject t.o And it must be remembered that the amount of public lands now open a clerk in his Office who made one decision, and the recorder of land for entry under the homestead law is very small; but there are still titles at Saint Louis decided in another way, to wit, that this was writ- very valuable timber lands in the country. It is proposed to give ten evidence of title, aud the difference of opinion between these two away 24,000 acres of these lands upon what I consider a very unsatis- officers brings the caoo here and it is for the House to decide. The factory title. question is what is meant by "written evidence of title." The Com- In the discussion that was had h~re upon the bill which was passed mitte!3 on Private Land Claims on an examination of tho matter bad over to-day in regard to certain private land claims in the TeiTitory not a doubt but that these cases were included in the term" written of New Mexico, the great objection to that bill was the·.vague, uncer- evidence of title," and it is for the House to say which is the proper tain character of those Spanish titles. And it will be remembered construction. I admit that so far as the Commissioner of the General that the General Land Office has itself passed against two of these Land Office is concerned he has said that there is no written evidence claims. Deliberately haa the General Land Office investigated two of title. I cannot say that he is wrong. The recorder of titles says of these claims and decided against them. Now the Committee on that he is wrong, and here is a statute passed by Congress in 18GO Private Land Claims comes in and says, "As we construe this con- which says that the party who has written evidence of tltle shall cession .these claims should be confirmed, and we propose to grant have a claim against the Government for the ]and original1y grantee! scrip to the amount of 24,000 acres." I believe it would be very much to him. Now the report from the General Land Office contains all bett-er to abide by the results of the decision of the General Land the evidence of tit:3. It is true that there is no title from the Span- Office. I am unable to discover from this report any other than ish government, from the intendent generale., but the title emanates special pleading to get through this especial bill. I see no good argu- from an officer of the Spanish government, which the Spanish gov- ment furnished why we should give scrip to the amount of 24,000 ernment would have respected but for the fact that it went out of acres. . existence before the maturity of the title. I am opposed, Mr. Chairman, to the issuance of scrip. We have Mr. SMITH, of Pennsylvania. Has this question of title been in- issued a great deal of it. lt haa been a source of corruption and a vestigated by the courts Y source of fraud, and we have already parted with large areas of our Mr. BUCKNER. No, sir; it could not be, in the nature of things. public lands by the issuance of scrip; and I think the time has now It is a matter for Congress. Two officers of the Government decided come when there should be a good, solid, substantial argument when- differently, and the Jaw requires in such a case the question shall be ever we are called upon to dispose of more of the public lands. I brought here, and the Committee on Private Land Claims decided confess that I am unwilling that 24,000 acres of land in my own State against the opinion of the clerk in the Land Office and in favor of should be plaatered over by scrip held by a title almost a hundred tho opinion of the recorder of titles. Now, if the gentleman can show years old, resting primarily u po~ a Spanish grant. I am unwilling that that written evidence of title is anything else than is here presented, ~4,000 acres should be thus covered over by the holders of this scrip, then it is a fair subject for discussion. non-residents, to be held in that way for many years. I ed to reconsider the vote by which the report was order of survey, a warrant, or concession, or any Wiitten evidence of adopted ; and also moved that the motion to reconsider be laid on the title from the French or Spanish government shall have his claim table. confirmed." Various claims had been rejected because of want of The latter motion was agreed to. jurisdiction, because they were not embraced in the classes of cases ENROLLED JOINT RESOLUTION SIGNED. which tbe different tribunals were authorized to act upon. Up to Mr. BAKER, of New York, from the Committee on Enrolled Bills, 1860 there was no authority for these claims to be allowed, although reported that the committee had examined and found truly enrolled they had been urged upon Congress for fifty years. Now, under the a joint resolution of the following title; when the Speaker p-ro tempore act of 1860, the recorder of land titles decides in favor of these claim- signed the same : ants. If there is any objection to that action a previous Congress, Joint resolution (H. R. No.109) forthe issue of silver coin. not this Congress, is responsible. The United States Government for a time did not recognize to what extent its faith had been pledged to ORDER OF BUSINESS. France. The whole policy of the Government has been, wherever its 1\Ir. SAVAGE. I move that the House adjourn; but yield for a faith has been pledged by treaty in a~quiring territory, to carry out moment to the gentleman from New York, [M1:. BEEBE.] its obligation to the letter. That is the reason Congress year after The SPEAKER pro ternpm·e. The gentleman cannot yield unless be year bas been extending these provisions of law in order that any yields for all purposes. party who at any time had any claim against the Spanish govern- Mr. CONGER. I move that the House adjourn. ment might be re-imbursed. Mr. BEEBE. I wish to inquire whether it is not competent for the Mr. HOLMAN. Will the gentleman allow me a question f gentleman to yield for a motion f 1\Ir. BUCKNER. Yes, sir. The SPEAKER pro tempore. The Chair will state the rule, as it Mr. HOLMAN. We acquired that territory, I believe, in 1803. This seems to be strangely misunderstood. A gentleman who makes a mo- tribunal was organized: in 1806, three years afterward. tion to adjourn, and then yields the floor, yields it for all purposes. Mr. BUCIL.~ER. In 1805. Mr. CONGER. I move to adjourn unconditionally. Mr. HOLMAN. .And this claim was recorded in 1806T Mr. BUCKNER. Yes, sir. MINER IDLL FARM, VIRGINIA. Mr. HOLMAN. One year afterward. The SPEAKER pro tempore, by unanimous consent, laid before the Mr. BUCKNER. And let me say to the gentleman that at that House a communication from the Secretary of War, transmitting time, according to my recollection, no claim could be confirmed if it copies of papers relating to the occupation by United States troops em braced more than two thousand arpents; yet in our State we have of Miner Hill farm, Virginia; which was referred to the Committee confirmed many claims to the extent of 30,000 arpents. on War Claims. Mr. HOLMAN. Now, as the legislation establishing this tribunal WITHDRAWAL OF PAPERS. was in 1805, two years after we acquired that territory, when the By unanimous consent, leave for withdrawal of papers was granted terms of the treaty were fresh in the minds of all men and when the in the following cases, there having been no adverse report: obligation resting upon our Government wa.s distinctly recognized, To Mr. STEVENS, papers in the case of James Sinclair; and when our relations to France were of the most intimate character and To Mr. HosKI...~s, papers in the case of Lee & Durham. the duty of carrying out in good faith the terms of the treaty was clearly conceded, we cannot assume that the tribunal orga.nized at LEAVE OF ABSENCE. that time to determine upon these titles was not, especially as to the By unanimous consent, leave of absence was granted- rules prescribed for their determination, just such a one as the terms To 1\!r. ELLis for twelve days from the 17th instant: of that .treaty seemed to demand. To Mr. HOAR indefinitely; and .Mr. BUCKNER. And yet under the act of Congress of 1834, which To Mr. CROUNSE indefinitely. 4604 CONGRESSIONAL RECORD-SENATE. JULY 15, Mr. CONGER. I do not object in these cases; but hereafter, unless amendments, and submitted a report thereon; which was ordered to some good reason is given, I shall feel it my duty to object to grant- be printed. ing members indefinite leave of absence. He also, from the Committee on Patents, to whom was referred the The SPEAKER pro tempore. That is probably a very proper sug- bill (S. No. 571) extending the jurisdiction of the Court of Claims of gestion. the United States, and for other purposes, reported it with an amend- The mot,ion of Mr. CONGER that the House adjourn was agreed to ; ment, and submitted a report thereon; which was ordered to be and accordingly (at five o~clock p.m.) the House adjourned. printed. Mr. EDMUNDS, from tho Committee on the Judiciary, to whom was referred the bill (S. No. 866) to remove the political disabilities PETITIONS, ETC. of Thomas H. Williams, of Maryland, reported it with an amendment. The following memorials, petitions, and other papers were presented He also, from the same committee, to whom was referred the peti- at the Clerk's desk under the rule, and referred as stated: tion of Reuben Davis, of Mississippi, praying the removal of his By Mr. HOPKINS: Proceedings of a mass meeting of soldi.ers of political disabilities, reported a bill (S. No. 990) to remove the politi- Allegheny County, Pennsylvania, with resolutions favoring the pas- cal disabilities of Reuben Davis, of Mississippi; which was read and sage of the bill equalizing bounties, to the Committee on Military passed to ·the second reading. .Affairs. Mr. HAMLIN, from the Committee on Post-Offices and Post-Roads, By Mr. KIDDER: A paper relating to the incorporation of the Fort to whom waa referred the petition of Edwin Rogers, postmaster at Abraham Lincoln and Little Missouri Railroad Company, to the Com- North Adams, Massachusetts, praying the passage of a Jaw relieving mittee on Public Lands. him from the liability for the amount of certain posta.ge-stamps al- By Mr. MAGOON: The petition of Hon. C. Hutchinson and 131 leged to have been stolen from his office on May 1, 1876, submitted a others, citizens of Grant County, Wisconsin, that there be no reduc- report thereon, accompanied by a bill (S. No. 991) for the relief of tion of the present tariff on lead and zinc, to the Committee of Ways Edwin Rogers. and Means. The bill was read and passed to the second reading, and the report Also, memorial of the Wisconsin Legislature, for a centennial direct- was ordered to be printed. ory, to the Committee on the Centennial Celebration. Also, memorial of the Wisconsin Legislature, against the bridging CONSULAR AND DIPLOMATIC BILL. of the Detroit River, to the Committee on Commerce. Mr. FRELINGHUYSEN. By the expiration of the morning hour Also, memorial of the Wisconsin Legislature, for a tri-weekly mail the other day my motion was not acted upon to agree to another con- from Waupaca via Dayton, Belmont, and Almond, to Plainfield, to the ference with the Honse on the bill (H. R. No.1594) making appropri- Committee on the Post-Office and Post-Roads. ations for the consular and diplomatic service of the Government for Also, memorial of the Wisconsin Legislature, for mail ser.vice be- the year ending June 30, 1877, and for other purposes. My motion tween Durand and Pepin, Wisconsin, to the same committee. was that the Senate further insist on its amendments and ask for a Also, memorial of the Wisconsin Legislature, for mail service be- further conference. tween Kiel and Memee, to the same committee. The motion was agreed to. By Mr. NEW: Pa.pers relating to the claim of Gallus Kerchner, for By unanimous consent, the President pro ternpore was authorized to compensation for stone delivererl. to and by the United States on the appoint the committee on the part of the Senate. arsenal grounds at Indianapolis, Indiana, to the Committee of Claims JAMES W. LOVE. Mr. HAMLIN. The Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. No. 3490) for the relief of James W. Love, postmaster at Patriot, Indiana, have instructed me to re- IN SENATE. port it back and recommend its passage. It makes an appropriation of but $26. It is a veiy clear case, and I hope the Senate will pass SATURDAY, July 15, 1876. the bill. If the report be read I am sure no Senator will object to the bill. The Senate met at eleven o'clock a. m. By unanimous consent, the bill (H. R. No. 3490) for the relief of Prayer by Rev. WILLIS G. CRAIG, ot Keokuk, Iowa. James W. Love, postmaster at Patriot, Indiana, was considered as in The Journal of yesterday's proceeilings was read and approved. Committee of the "Whole. It directs the Secretary of the Treasury to HOUSE BILLS REFERRED. place to the credit of the P?St-office fun(l, on money-order account, The bill (H. R. No 389'2) to remove the political disabilities of the sum of $26; and the Andttor of the Treasury for the Post-Office George Watson Carr, a citizen of the State of Virginia, was read Department to credit James W. Love, postmaster at Patriot, Indiana, twice by its title, and referred to the Committee on the Judiciary. in his account as such postmaster with $26, being for the loss of a like The joint resolution (H. R. No. 148) in reference to the wreck of the sum, money-order funds, remitted by him to the post-office at Cincin- United States monitor Tecumseh was read twice by its title, andre- nati for deposit, and destroyed while en route by the burning of the ferred to the Committee on Naval .Affairs. mail-boat Pat Rogers, on the Ohio River, August 5, 1874. Mr. HAMLIN. I can state in a word that this money was trans- CONGRATULATIONS OF ARGENTINE CONGRESS. mitted by the direction of the Department from the office to another, The PRESIDENT pro tempore laid before the Senate the following and was burned in transit. communication; which was read: The bill was reported to the Senate without amendment, and or- NEW Youx, July 11, 1876. dered to a third reading. To Oon{fT'ess: The PRESIDENT pro tmnpm·e. The bill will be read the third time Argentine congress, inspired by sacred remembrances to-day raises in freemen's by its title. souls, heartily congratulate your Congress on the glorious centenary of that great 1\lr. EDMUNDS. Let us hear the bill read at length, a regular country. third reading. Given congress in session. MARIANO ACOSTA. CARLOS SARARIA., The bill was read the third tim~ at length. Secretary. The PRESIDE.KT p1·o tempore. The question is on the passage of BUENOS AYRES, July 4, 1876. the bill. Mr. WEST. I suggest that the communication lie on the table for The bill was passed. a moment, there being no representative of the Committee on Foreign MEDAL TO LIEUTENANT MASON. Relations in the Chamber. Mr. FRELINGHUYSEN. I am directed by the Committee on For- The PRESIDENT pro tempo1·e. The Senator from New Jersey [Mr. eign Relations, to whom was referred the joint resolution (S. R. No. 17) FRELINGHUYSEN) iS present. authorizing Lieutenant Theodorus B. .M. Mason, of the United States Mr. HAMLIN. We do not neod to refer it. Let it be printed. Navy, to accept .a silver medal from the King of Italy, to report it The PRESIDENT p1'o te11tpore. Tho communication will lie on the without amendment, and I ask to have it passed. I will state the table and be printed, if there be no objection. facts. GEORGE JACKSON. By unanimous consent, the Senate, as in Committee of the Whole, Mr. DAVIS. I wish to give notice that as soon as I can get the proceeded to consider the joint resolution. :floor for the purpose I shall ask the Senate to proceed to t.he consid- Mr. F.RELINGHUYSEN. Mr. Mason was a lieutenant in the Navy. eration of the bill (H. R. No. 329) to remove the political disabilities He was on board of one of our ships at Callao, Peru. There waa au of George Jackson, a citizen of West Virginia. It bas passed the Italian vessel there laden with petroleum which took fire. There were House and been reported favorably by the Judiciary Committee of aatgreat many other vessels in the harbor and they were all frightened the Senate. it. The lieutenant of this vessel with a part of the crew took a REPORTS OF COMMITTEES. small boat and went to the ship with a Babcock extinguisher and put the :fire out, and saved the ship. Mr. WRIGHT, from the Committee on Claims, to whom was re- The bill was reported to the Senate without amendment, ordered ferred the bill (S. No. 840) for the relief of Norman H. Ryan, reported to be engrossed for a third reading, read the third time, and passed. it without amendment. Mr. WADLEIGH, from the Committee on Claims, to whom was re- TIDRD-CLASS MAIL )IA.TIER. ferred the bill (H. R. No.186) to provide for compensation to the own- Mr. HAMLIN. I move to take up the bill (H. R. No. 2581) to amend ers of certain lands ceded IJy the Unit-ed States to Great Britain in section 3807 of the Revised Statutes. I want to get it off the Calen- and by the treaty of Washington of July 9, 1842, report.e<.l it with dar by an indefinite postponement. It will take ·IJnt a moment. 1876. CONGRESSIONAL RECORD- · SENATE. .4605 Th~ motion was agreed to; and the Senate, as in Committee of the three or four years ago a systematic statute on the subject of dispos- Whole, proceeded to consider the bilL ing of claims about direct tax sales. Mr. HAMLIN. This is a bill which authorizes the sending of pack- 1\fr. KERNAN. Did it apply to surplus money! ages with the name and address of the sender through the mails. Mr. EDMUNDS. I do not remember. That is exactly why I want That provision was incorporated in the post-office appropriation bill, to find the statute. If I remembered exactly how it was I would and therefore this bill becomes unnecessary. I move tha.t it be in- state it, but I do not remember. I do know that difficulties were con- definitely postponed. stantly arising, and a provision of law was made to guard the rights The motion was agreed to. of persons and t,he rights of the United States. Whether it would J..L'\IES F. BUCKNER. apply to this case it is totally impossible to tell without find;ng the statnte; ·but I do not feel justified in stopping my friend's bill be- Mr. MORRILL. I move to take up House bill No. 3486, reported cause I cannot find the law. from the Committee on Finance. By unanimous consent, the Senate, as in Committee of the 'Whole, The motion was agreed to; and the Senate, ns in Committ.ee of the Prroceeded to consider the bill. It authorizes the Secretary of the Whole, proceeded to consider the bill (H. R. No. 3486) for the relief of Treasury to pay to Anthony Lawson, the surviving partner of Lawson James F. Buckner. It authorizes the proper accounting officers of & Brewis, or to his assignee or personal representative, wit.h,out iu- tbe Treasury in the settlement of the n.ccounts of James lt,. Buckner, terest, the amount of the proceeds of sale for direct taxes largely in excess of the direct The PRESIDENT p1·o tempore. The question is, Will the Senate taxes, costs, and legal charges accrued thereon by reason of the sale thereof as proceed to the consideration of the bill 7 afore~aid. The motion was agreed to. Under the laws of the United States the original owners are entitled to the ex- The PRESIDENT p1·o tempore. The bill is before the Senate. cess ofjroceeds, and Thomas A. Brewis having departed this life, the legal right to doman said excess has accrued to Anthony Lawson, the surviving partner of the Mr. COOPER. While the clerk is looking for tho bill just taken late firm of Lawson & Brewis. up, I ask the Senator from Iowa to let us pass Senate bill No. 620, t.o It appears that all of the lots mentioned in the bill reported by your committee remove the political disabilities of James Argyle Smith, of Missis- have been repurchased from those who claim under the tax sa.les aforesaid by said sippi. Lawson & llrewis, so that no quitclaim or release deeds are necessary to be executed in order to confhm t.he titles under said sales. The PRESIDENT pro te'lnpore. Does the Sonator from Iowa yield Your committee therefore report the a~mpanying bill, with a chan~e of title for that purpose? and like cban~e of provisions from the bill referred to the committee, in v1ew of the Mr. WRIGHT. If the bill is found I wish to proceed with its con- legal Iights of the said Anthony Lawson a.s surviving partner of the firm of Law. sider!l.tion. If not I will yield, if it will not displace this bill. sou & :Hrl:lwis. The PRESIDENT p1'0 tempore. The bill is now found. Mr. EDMUNDS. Can the Senator read to the Senate the present Mr. WRIGHT. Let the bill be read. We can dispose of it in a law upon the subject of direct tax sales and the circumstances under minute. which money is to be repaid f The law has been amended once or The bill (S. No. 983) to extend the duration of the court of com- twice on topics of this kind. missioners of Alabama claims was read the second time and consid- Mr. WITHERS. I have not investigated the matter myself, but ered as in Committee of the Whole. By it the existence of the court h has been investigated fully and reported by two committees of this of commissioners of Alabama claims, created by the act entitled ''An IJody, the Committee on Claims and the Committee on Finance, both act for the creation of a court for the adjudication and disposition of of whom recommend the passage of the bill. It was also recom- certain moneys received into the Treasury under an award made by mended by the committees of the last Congress, but failed to pass for the tribunal of arbitration constituted by virtue of t be first article of want of time in the closing hours of the t~ession. The law, l under- the treaty concluded at Washington the 8th of May, A. D. 1811, stand, is fully complied.with. Casea have been adjudicated upon the between the United States of America and the Queen of Great Brit- same principle. This money has been lying in the Treasury and the ain," is continued and extended to the 1st day of November next, part,ies have been unable to recover possession of it for several years with the same effect and no other as if the last-named day had been in consequence of difficulties. I suppose there will be no objection named in the act for the termination of the powers of the conrt. to the passage of the bill. Mr. COOPER. Now I ask the indulgence of the Senator from Mr. EDMUNDS. I should like to see the present statute, if it is to Iowa-- be found, upon that subject, so that we shall not have one law for one Mr. WRIGHT, I do not think there will be any discussion. \Ve man and another law for another. I w:mt to see the law if it is pos- can pass this bill in a few minutes. sible to find it. It is impossible to find the law in a moment, Mr. :Mr. COOPER. The Senator is mistaken about that. PUlsiropriation of March 3, 1875, it is propose·d to dreuge about eight The amendment was rejected. thousand cub10 yards of material composed of sand, stone, clay, trees, and saw-mill Mr. SPENCER. Yesterday we passed over temporarily an amend- dibri8 from Vergennes Basin, between Brick-yard and Sharkey Bend. Contract ment on page 12, the item for the improvement of Pascagoula Bay, for this work bas been ma.de with James D. Hancock, dated .Tune 26, 1875. For Mississippi, $10,000. completing the improvement of the channel the sum required will be $43,14U. Mr. WINDOM. The Senator from Iowa has given much more at- We have before UB a letter from Colonel Newton, of the Engineer tention to this bill than I have. I pref& that the Senator from Ala- Corps, making the revised estimate, saying that certain work should bama should wait until he comes in. be done and that all others should be omitted. This one is omitted. Mr. SPENCER. Very well; it was passed over .to enable me to It is evidently the opinion of Colonel Newton that it is unnecessary prepare an amendment. I have now prepared it. now to spend $43,146 for improving communication between Sharkey The reading of the bill was resumed. Bend and the Br~ck-yard. But if my friend insists that Sharkey The next amendment of the Committee on Appropriations was in Bend and the Brick-yard are so important points .that they ought to line 376, to increase the appropriation for the improvement of the be connected, I shall not make any opposition. harbor at Erie, Pennsylvania, from $40,000 to $50,000. Mr. EDMUNDS. I insist as I have said, and without any jocose- The amendment was agreecl to. . ness, that this small sum of $5,000 is desirable, as has been shown by The next amendment WM in line 378, to increase the appropria- observation and experience there, to improve this channel for the tion for the improvement of the breakwater at Block Island, Rhode commerce that does actually exist between the city of Vergennes on Island, from 20,000 to 40,000. the one side and the villages and towns on the western side of the The amendment was agreed to. lake in the State of New York. If the Senate think this is not nght, -Tho next amendment was to strike out lines 383 and 384, in the fol- I beg them not to vote for it. lowing words: Mr. MORRILL. I rose at the same time that my ·colleague did, For the improveqtjlllf; of Providence River, Rhode Isl:md, $5,COO. knowing his modesty and his inaptitude for extemporaneous debate, IV-289 4610 CONGRESSIONAL RECORD-SENATE. JULY 15, and believing that he would hardly feel it his duty to make the tide, and have to wait and be delayed until the tide rises. I presume proper explanation of this matter. True, he has done so; but he has that is the fact. not said all that might be said in relation to the State of Vermont. The amendment was rejected, ayes 9, noes not counted. We have not put in any claims here for any other river, nothing fo!' The reading of the bill was resumed. the Ompompanoosuo, nothing for tho Passumpsic, nothing for the The next amendment of the Committee on Appropriations was, Winooski, nor for the Black or White River, nor for the Lamoille in line 400, to reduce the appropriation for the improvement of the River. We have not even asked for any surveys of these rivers. Under harbor at Provincetown, Massachusetts, from $5,000 to $4,000. the circumstances, as this is ior the accommodation of a city of great The amendment was agreed to. enterprise and the oldest city of our State, and I do not hope to be any The next amendment was to strike out lines 401 and 402,in the fol- more economical than are my friends on the opposite side of the lowing words: Chamber, therefore I hope the appropriation will be made. For the improvement of Ipswich River, lfassachusetts, t5,000. The amendment was rejected. The amendment was a&-rreed to. The reading of the bill was resumed. The next amendment was, in line 404, to increase the appropriation The next amendment of the Committee on Appropriations was to "for the construction of piers of ice harbor and removing obstruc- strike out lines 389 and 390, in the following words: tions at New Castle, Delaware," from $12,000 to $15,000. · For the improvement of Belfast Harbor, Maine, fS,OOO. · The amendment was agreed to. Mr. HAMLIN. Mr. President, I trust that item will not be stricken The next amendment was, in line 407, after "Michigan," to insert: out. Belfast is one of the most important harbors on our coast. It Including removal of the wreck of the City of Buft'JU.o. is a port of entry on which the city of Belfast is situated. I think I So as to make the clause read: am accurate in sayin(J' that thousands of vessels go annually into and For the improvement of the harbor of refu~e. Lake Huron, Michigan, includin~: out of that harbor. There are at the inouth of the harbor some rocks removal of the wreck of the City of Buffalo, 1100,000. which want to be removed. This $8,000 wiU remove them. I hope The amendment was agreed to. the Senate will not concur in this amendment. The -next amendment was to strike out lines 411 and 412, in the Mr. WINDOM. I think this comes within the principle on which following words : the Senate have adopted all the others. I make no opposition to it. J'or the improvement of the Osage River, Missouri, $25,000. The amendment was rejected. The next amendment of the Committee on Appropriations was in Mr. COCKRELL. I do trust that the Senate will not concur in this line 392, to increase the appropriation for the improvement of the amendment proposed by the Committee on Appropriations. This harbor at Rondout, New York, from $30,000 to $50,000. · Osage River drains a valley one hundred and fifty miles from east The amendment was ·agreed to. to west by eighty miles from north to south, embracin~ within its The next amendment was to strike out lines 393 and 394, in the fol- limits from fifteen to eighteen counties, with 150,000 mhabitants. lowing words: In 1870 its assessed wealth was over $40,000,000. Its area is about For dredging Hudson River in front of Jersey City, $25,000. eighteen thousand square miles. Its productions are very great; a million and a half bushels of wheat in 1870, 5,750,000 bushels of corn, Mr. FRELINGHUYSEN. Eccentric as I may appear, I think that a million aml a half bushels of oats, 375,000 pounds of tobacco, 273,000 item ought-to be stricken out and the a-rp.endment ought to be agreed pounds of wool, with great numbers of cattle, horses, mules, hogs, and to, because the committee inform us that, on the eleventh page, "for sheep, the timber (and the bottom lands of this river are heavily the improvement of the Hudson River" the amount was made $66,000, timbered) consisting of hickory, oak, walnut, ash, elm, sycamore; instead ·of $25,000, to cover this same improvement. · but its chief importance is its mineral wealth, consisting of iron, Mr. WINDOM. That is the fact. coal, lead, zinc, bnhrstone, marble, grit, and kaolin. I read now from The amendment was a-greed to. the engineer's report of the survey of this river: The next amendment of the Committee on Appropriations was to The Osage Valloy derives its chief 1mportance from the richness of the vast min- strike out lines 397 and 398, in the following words : eral dopos1ts. Professor Pompelly, in Ins geological report of 1873, spoke in very high terms of its mineral res()urces, though hardly one-tenth of the real value of For the improvement of the channel between Staten Island and New Jersey, its deposits was known at that time. Rich banks of iron and valuable veins of $10,000. lead and coal are found almost every day. All this vast wealth is now unavailable for want of transportation, and it seems to be the province of a paternal govern. Mr. FRELINGHUYSEN. That amendment ought not to prevail. ment to a-ssist in bringing these great necessaries of life, iron and coal, into market, There is not in the whole bill a more important improvement than whereby the whole conntry would be benefited. The principal minerals are iron, that. The water between Staten Island and New Jersey, known as 09al, lead, zinc, buhrstone, marble, grit, and kaolin. Arthur Kill, is the great avenue of all internal commerce between The lead in this area c:Lsts in very great quantities. I will read Philadelphia, and consequently a good deal of the West, and New an extract from a letter fr0m Hon. Joseph ·w. McClurg, late a mem- York. The Delaware and Raritan Canal alone does a business trans- ber of the House of Representatives and the last of the republican porting there 40,000,000 tons a year. It is not a matter in which governors of the great State of Missouri: New Jersey is particularly interested. Pennsylvania is interested; There was almost no mining for lead ore when we built our furnace in the fall of New York is interested; and I hope that the appropriation will be 1871. retained. That fall, 1871, we shipped 336 pigs, 841 pounds each; in 1872, we shipped 1,181 Mr. WINDOM. This does differ a little from a good many of those pigs, 84i pounds each; in 1873, we shipped 594 pigs, 841 pounds each ; m 1814, we items which the Senate has voted to retain; but I desire that the shipped 1,030 pigs, 84i pounds ench; in 1875, we shipped 3,033 pigs, 84i pounds each ; and to·da:y we have 391 pigs, 841 pounds each, ready for shipment, with a furnace Senate shall be informed in reference to its condition, and then I shall nowrnnnwg. · be willing to have the vote taken. General Newton in his special There are vaRt quantities of iron all over that country. This val- report says-- ley is situated between the Missouri Pacific and the Missouri, Kansas Mr. FRELINGHUYSEN. What is the date of that! and Texas Railways on the north and north west and the Atlantic and Mr. "WINDOM. December 18, 1875. After stating the facts quite Pacific Railroad upon the south and southeast. The Osage River is fully, with reference to this improvement he says: formed by the junction of the Marmaton and Lietle Osa~e t.wo hun- Tosnm up: dred and forty miles above its moutbz and eight miles below the city First. In the present condition and prospect of Elizabeth port it would not be ex· pedient to prosecute the works of permanent improvement designed in 1873 and of Jefierson enters into the Missouri, and it meanders up through commenced in 1814. these twelve or fifteen counties and is situated midway between these Second. The depth in t-he present channel being sufficient for the class of vessels two lines of railway, varying from twenty-five to thirty miles from using the canal, and for the barges and small class of vessels which, for tho future, either one of the roa.(lg on the north or south. Here is this vast coun- and until a change for the better, will continue to frequent Elizabethport, no ap· parent nooe88ity exists for doepenin.g or wideninrr the channel. try and its groat and wonderful resources; and the only possible out- Third. No increase in clepth or width in the c'ha.nnel can be maintained, except let for these minerals and products is the Osage River. by repetitions of the dredging process. This river is two hundred and forty miles in length, and there h~ve Three distinct reasons are given why it is wholly unnecessary. I hope already been appropriated for its improvement $100,000 in appropria- the Senator from New Jersey will withdraw his request. tions of $25,000 a year; and we only ask a continuance of the work Mr. FRELINGHUYSEN. The work has been going on there. already begun. Now, to show the absolute importance of an appro- Mr. WINDOM. Under an old appropriation. priation t.o carry into force and effect the improvements already Mr. FRELINGHUYSEN. I know the character of this avenue started and to 1-emove the actual (lamage which these unfinished im- between Stat~n Island and New Jersey and that the amount of com- provements have imposed upon the navigation of that stream, I will merce there is as great, probably, as on any waters of the United read from a letter of a very worthy gentleman, Mr. Lambert, living States. Itjs not a matter for Elizabethport; I should not think of toward the mouth of the Osage River, at Castle Rock: asking for that; but it is a question which involves the commerce of CASTLE RocK, Deumber 4, 1875. Newark, of Philadelphia, and of New York. _ DEAR Sm: This end of the Osage River is now in such a condition that boat-s Mr. WINDOM. That is all very true; but from the best informa- cannot run, although there is sufficient volume of wntor if concentrated in the channel to make three feet of water at this low-water season for steamboats. The tion we can get there is water enough now for all the purposes of com- unfinished condition in which the river was left by the Gi>vernment's agents baa merce in that locality; for all the pnrposes that the channel is used rendered the work done by them at Bolton's shoal a complete obstruction to navi· for or desired to be. I merely reau the report of the Engineer's Office gation. There is now over three feet of water on the olu shoal, and there is suffi. to show you how little they know about these matters! cient volume of water to make this depth all through the lower end of the ri v · r. The engineer so constructed the lower end of the trallin~-wall at Bolton's Shoal by Mr. FREL}.NGHUYSEN. The statement is made to me, and it has curving it to the ri~h.t and leading the water to a ground bar on the left of nnd from been verified, that a great many vessels can only pass there at high t.be true cha~cl, tnat the ooncentrated force of tbe water discha.x ,ed &lltlin&t't~ 1876. CONGRESSIONAL RECORD--SENATE. 4611 bar is carried to a. point below the trailing-wall, spreading and dissipating the force Mr. COCKRELL. Not at all. of the water, depositing the ground, and forming a complete obstruction to navi- Mr. WINDOM. I appeal to his conscience on that subject. I am a gation. Governor J". W. McCLURG, little more liberal in my views than he is generally on that question. Linn Ored, Missouri. The sixth point is that if the improvement were made at all, it would This is confirmed by the letter of Governor McClurg, from which I not pay when you are done with it. These are the little items of ob- quoood before. Governor McClurg lives a.t Linn Creek, and he is jection which the Engineer Department very ignorantlymaketothis probably more familiar with the Osa~e River than almost any gentle- appropriation. man, engineer or other, in the Unitea. States. He has lived there for Mr. BOGY. The report of the engineer is based upon the idea that many years since long prior to the war, and has used this river and a large improvement of the Osage River would take a sum of from knows its power and its value and knows its adaptability to improve- t~,OOU,000 to $3,000,000 so as to obtain the depth of four feet of ment, and in view of his confidence and judgment the representatives water. It is not our intention to ask for an appropriation for that of the people are willing to undertake this enterprise. object, but we ask for an appropriation of $25,uoo, which is the same ' He says further: amount that has been given every year; and each appropriation has done a very large amount of good. We do not nQed four feet of water We are (Draper, McClurg & Co.) now building a light-draught steamer here. We for an inland nver, but we do need a depth of from two to two and a expect to run her at all times and to adopt a. system of scraping the shoals in low water by steel scrapers, the bottom of the river in the shoals consisting of gravel. half feet, which can be obt-ained and is obtained every year by these A freshet washes it back again, when another scraping is necessary. At the same small appropriations. · time there should be some repairing of the wing-dams that were colistructed some The wbol~ argument of my friend from Minnesota and the very years ago under an appropriation by our State; assertion of the . report read by him show an opposition to a large I do trust, ill view of the great importance of this work, its practi- appropriation for this great improvement, because the river is per- cability, and the absolute necessity of this appropriation in order to haps not of that high national character to justify it; but it comes make former appropriations and work done under them of any force within the rule laid down by the House and by the Senate also to and effect, that this amendment will not oo concurred in, and that make appropriations for rivers within the States. The Osage River this great valley of the Osage River will be given this 25,000. is more important than two-thirds of the rivers for which appl'<>pria- The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The tions were made yesterday. It has a length of from one hUn.dred and Senator's time bas expired. · fifty to two hundred miles. It passes through a very rich country. ~Ir. WINDOM. I am well aware that the discllBSions of this bill An appropriation of $25,000 will enable the river to be cleared of snags do not contribute to any public benefit, unless it be to a. knowledge and other impediments to navigation and be productive of an infinity of the geography of various sections of the country. The geograph- of good. ical contributions may be of some value. Otherwise I think the de- I hope the amendment will not be adopted, and that the appropria- bate is of none; but I desire to call the attention of my friend again tion as it came from the House will be sustained. to the ignorance displayed by the Engineer Department on this sub- Mr. WINDOM. This appropriation stands upon a little different ject; and then I will submit the question to the Senate. I read from principle from that w hicb has been heretofore decided by the Senate. the last report. General J. H. Simpson sums up the case with refer- I therefore ask that the question be settled by the yeas and nays. I ence to this improv~ment as follows: call for the yeas and nays. The results may then be summed up as follows: The yeas and nays were ordered; and the Secretary proceeded to 1. The Osage River is not susceptib1e of permanent or even satisfactory tempo- call the roll. rary improvement for na.vigation a.t low stages of water. _lli. STEVENSON, (when Mr. McCREERY's name was called.) I There is one important little item, tba.t it is not susceptible of im- desire to state that my colleague was called home by illness in his provement at all. family. Mr. COCKRELL. Will the Senator allow m~ to ask him a ques- The roll-call was concluded; and the result anno~nced-yeas 16, tion T Did Mr. Simpson make the survey or was he sitting back and nays 26; as follows: . commenting upon the survey made by another gentleman who rec- YEAS-Messrs. Allison, Anthony, Boutwsll, Conkling, Dawes, Hamlin, Kernan, ommends itT McMillan. Morrill, Randolph, Saulsbury, Sherman, Wallace, West. Windom, and Mr. WINDOM. I said in the start that I was reading this report to Wright-16. NAYS-Messrs. Barnum, Bogy, Bruce, Caperton, C~tiancy, Cockrell, Cooper. show the ignorance of the Engineer Department. I am arguing that Davis, Dennis,Ferry,Frelinghuysen. Gordon.Hamilton, Harvey, Ingalls, ;Jones of General J. H. Simpson did not know anything about it. Flori ruling depth of Committee on Appropriations was, in line 418, to increase the appro- four feet at al times, by means of locks and dams, twenty-two in number if of priation "for the improvement of the Illinois River, Illinois," from eight foot lift, and twenty-seven if of six. and a half feet; the cost of the former esti- $40,000 to $50,000. mated at $2,857,330. 30; of the latter at $3,090,825. The amendment was agreed to. An appropriation is proposed of $.=>,000 to commence a work that The next amendment was in line 422, after the words "for the im- will cost $3,000,000. Undoubtedly the money will be used very eco- provement of the Upper Mississippi River," to strike out '' $20,000" nomically. and insert "$30,000 ;" and to add after the word " dollars," in the Mr. COCKRELL and others. It is $25,000. same line, the words : Mr. WINDOM. That is a. little worse. He proceeds as follows: And $7,000 thereof mal be applied in coilstructing the necessary machinery used 3. If a ruling depth of four foot is obtained in the Osage by means of locks and in Captain Edward Bells process for building wing-dams and applying said proc- dams, the same would be required over the bar at the debouchmentof the river, and ess in the improvement of said river. · a.s far down the Missouri as its junction with the Mississippi, to utilize the im- provement at all stages of wa~r; problems not yet solved. Mr. EDMUNDS. What is the necessity for the Captain Edward 4. The Osage, since the introduction of raili'Oads running parallel with it, and at Bell's part of the amendment f no Yery great distance, is no longer a neceasary link in the great current of trade Mr. WINDOM. I will say in explanation that it was inserted on westward. · my motion and upon the very urgent request of the Chamber of Com- 5. Its navigable portion would be entirely within the State of Missouri, and though its improvement would doubtless be of vaJue in developing the rich mineral merce of Saint Pauli who have seen the machine tested and its oper- and agricultural resources of the region tbrcucll which the river passes, it cannot ation in the river. t bas proved a great success at La. Crosse, and be regarded as one of national importance, and therefore requiring Government aid. they are very desirous, being exceedingly interested in the econom- On this point I address myself to my honorable friend from Missouri ical improvement of the river, that it should be tried. That is all on the question of strict construction and State rights. there is of it. 6. Should the improvement be mad~ Mr. EDMUNDS. The question I want to have answered is, why, if it is a good method of doing this work, it does not fall within the I call the attention of the Senator again to this language particu- general discretion of the Department f larly-' . Mr. WINDOM. I presume it does. The amendment does not com- Should the improvement be made, the advantages resulting would be far from pel -them to use the machine; it is merely suggestive if they should commensurate with the great cost, say $3,000,000. For these several reasons I do not feel justified in recommending the project, and like to have it. therefore do not advise that any further appropriation by Congress should be made Mr. EDMUNDS. My reason for the inquiry was that the la.st in- for the work. stance of the kind that I have known was in an appropriation bill To recapitulate to my honorable frieml from Missouri, I will say where we authorized somebody to apply somebody's process for a that in the .first place it is impracticable; the improv~ment cannot pneumatic tube from the Capitol to the Printing Office, and I believe be made; in the second place, $25,000 will not go very far on an ex- $50,000 was expended, was it not f penditure of $3,000,000; in the third place, the ruling depth will re- Mr.ANTHONY. Twentythousanddollars. It was all thrownaway. quire an improvement at the mout.h, and the engineer says is an Mr. EDMUNDS. We expended something of the kind. That little insolvable question yet whether it can be improved at all or not. authority to apply the process resulted in the absolute squandering The next point is that its constitutionality is very doubtful, at least of $20,000 or $30,000, and that of course led me to fear that this would in the estimation of the Senator from Missouri. . be construed as a comftland, although it does not read so, any more 4612 CONGRESSIONAL RECORD-SENATE .. JULY 15 than did the authority in the other bill. If this matter is within the Mr. ALLISON. I do not quite understand how this amendmenb general authority of the Department, if it is agreeable to the Sen- appropriates the sum of $10,000. ator, I wish he would consent to strike out this clause. Mr. MITCHELL. It does not increase the appropriation. It sim- Mr. WINDOM. I think it is within the geneml authority of the ply provides that so much of the appropriation reported by the com- Department to nse the machine, but the people at Saint Paul and mittee may be employed for the purpose stated. the chamber of commerce there and also at La Crosse, where this ma- Mr. ALLISON. Of this sum f chine has been tested, have been very anxious that it should be tried Mr. MITCHELL. Yes, sir. There is no question about it. It does here. They believe that with $30,000 for the use of this machine an not increase the appropriation a dollar. improvement can be made greater than double that sum without it; The amendment to the amendment was agreed to. and as it will make no change in the law on that subject, as is ang- The amendment, as amended, was a~ed to. gested, I should like to have it stay in the bill. If the Engineer De- The next amendment of the Committee on Appropriations was to partment are satisfied it ought not to be done they will not do it; strike out lines 470 and 471, in the following words: but I think we can convince them that it ought to be done. For the improvement of the harbor at Racine, Wisconsin, $9,000. Mr. EDMUNDS. I of course shall not interfere with my friend's wishes, but, to carry out without any possible doubt his meaning, I Mr. HOWE. It will be noticed that this is an amendment in the move to amend the amendment by inserting after the word "may," wrong direction. This reduces the aggregate of that appropriation. iu line 423, the woros "in the discretion of the Secretary of War.'' I understand that this amendment was determined upon by the com- I believe all this is under his charge. mittee upon ihe supposition that it was the opinion of the Engineer Mr. WINDOM. I have no objection to that amendment, for if we Corps that no further appropriations were required at that point. cannot convince the Department that it ought to be done we do not Subsequent to the annual report it seem . s the engineer in charge there want to do it. has made another ex:tmination, and has transmitted to the General- Mr. EDMUNDS. Very well. in-Chief a letter which I will ask the Clerk to read. It is ver:v brief. The PRESIDING OFFICER. Is there objection to this amend- The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The ment to the amendment f Secretary will report the letter. Mr. WINDOM. There is no objectiOn. Mr. ALLISON. I make no objection to disagreeing to the amend- . The PRESIDING OFFICER. It will be considered as agreed to. ment of the committee, in view of the action of the Senate. The amendment, as amended, was agreed to. Mr. HOWE. The Sen2.tor in charge of the bill says he has no ob- :Mr. PADDOCK. I desire to offer an amendment to come in after jection to retaining this clause. I do not care, then, to have the let- " dollars," in line 430. ter read. The PRESIDING OFFICER. The Chair will suggest to the Sen- The amendment was rejected. . ator from Nebraska that the amendments reported by the Committee The next amendment of the Committee on Appropriations was at on Appropriations are to be acted upon first according to the practice the end of lines 473 and 474 to strike ont the words "to be expended of the Senate. between Red-fish Bar and Morgan's Point;" so as te make the clause J1r. PAD DOCK. Very well. read: Mr. OGLESBY. After the amendments proposed by the committee For the continuing of the work on the ship-channel in Galveston Bay, $100,000. shall be gone through with, I understand the text of the bill will be :Mr. MAXEY. The amendment proposed by the committee does not open to amendment f at all touch the appropriation as embodied in the Honse bill, but The PRESIDING OFFICER. The text of the bill will then be strikes out the point of expenditure, between Red-fish Bar and .Mor- open to amendment in committee. gan's Point. I stated to the Senator in charge of the bill, yesterday, The reading of the bill was resumed. that there is a difference of opinion or a controversy, if yon please, be- The next ame!ldment of the Committee on Appropriations was in tween the commercial interests centered at Galveston and those cen- line 427, to increase t:he appropriation " for the improvement of Rock tered at Houston as to the route that the channel through Galveston Island Rapids, Mississippi River," from $20,000 to $50,000. Bay should take to the points above Red-fish Bar. One of those places ·rhe amendment was agreed to. is represented in the lower House by oneRepresentat.ive anntro­ The PRESIDING OFFICER, (Mr. EDMUNDS in the chair.) The versy will be officially settled by the Chief Engineer, and we sh~ll amendment will be reported. have no further trouble. As it is agreeable to everybody, I trust the The CHIEF CLERK. It is proposed after line •69 to insert: amendment of the committee will not be insisted upon. The amendment was rejected. Of which amount the Sooretary of War is authorized to expend so much as, in The next amendment of the Committee on Appropriations was in his judgment, may be necessary and proper to secure title and 1ight of way for ~al and locks, not exceeding tho sum of 10,000; and whenever in t.h e prosecu- line 476, to increase the appropriation "for the improvement of the tion of the said ~ork it shall become necessary to obtain the right of way over any mouth of the Mississippi River" from 100,000 to 150,000. lands for the ~aul canal and lock~ the Secretary of War shall take possession of The amendment was agreed to. ami use the arud lands, after haV1n~ purchase(! the samo, or in case the said lands The next amendment was in section 2, after line 2, to insert : cannot be purchased for a reasonab'ie price, then after havinu paid for the same or secured the value thereof, which value may be ascertained in the mode provided Three Forks of Kentucky River, to SavallD3h, Georgia., via..Cumberlaud Gnp. by tho laws of Oregon for the condemnation of lands for public uses in that State. Tho Department of Justice shall represent the interests of the United States in Mr. ALLISON. Unless some Senator asks for a specific vote ou any legal proceoding~t under this act to obtain the right of way for the said canal. these various :tmendments to sec.tion 2 the vote may be taken upon 1876. CONGRESSIONAL 'RECORD-SENATE. 4613 all. I will say that the committee adopted the rule of inserting all The object of this clause is to make a survey and ascertain to what the surveys that they could find, as that seemed to be the rule adopted extent the buildin~ of that bridge has affected the navigation of that by the House. We have added such surveys as we found among the river below the bndge. I do not commend the words of the clause; papers in the committee-room, and then at the end of the bill we in- I do not think they are very fortunate; but anybody who will look serted an amendment with reference to the method of conducting at it with any care will see that the effect of building that bridge, these surveys. I call the attention of the Senate to line 163 of sec- a.nd putting piers in the channel of the Missouri River, has been to tion 2. Unless some Senator asks for a specific vote on these surveys, create currents and counter-currents which may dam the width of I ask that they be considered as agreed to. . the ri¥er below to such an extent as. wij.l make the river nearly im- Mr. KERNAN. I should like to inquire about a clause on page 27. passable ; that is the truth. The intention is not to benefit the I understand the Senator asked to have all the amendments included own~rs although the effect of all improvements, no matter where, in section 2 voted on at one time f must necessarily be to benefit some owners. The object of this clause Mr. ALLISON. Yes, sir. . is not to give any appropriation for the work, but by a mere survey Mr. KERNAN. The clause to which I call attention, page 27, line to ascertain the effect the building of that bridge has had npon the 149, reads in this wise : navigation of the Missouri River below that bridge. I repeat, it is of The Missouri River, from the town of Saint Charles, to the month of •aid Mia· no consequence by whom the bridge was built. It was built under souri River, with the view to protect the owners of land on the banks of said river, an act of Congress, by authority of CongreBB, and it is there an im- in Saint Charles County, Missouri, against the deflection and abrasion of the cur· pediment to navigation. I hope my friend from New York will not rent of said river by reason of the erection of the Saint Charles bridge. move to strike out this particular clause because it is in my State. I should like to know upon what principle we are going into sur- Mr. INGALLS. UnleBS the object of this survey is to ascertain what veys to protect private own~ra in this wayf damage has been inflicted npon certain riparian proprietors, with the Mr. ALLISON. I do not think I can state any principle very dis- purpose further of making an appropriation to indemnify them against tinctly upon which that is to be authorized. any loss they may have suffered, then the provision of the bill is en- Mr. EDMUNDS. Will the Senator refer to the date of t.he act tirely nugatory and trifling; because it certainly cannot be supposed whjch authorized the building of that bridge acroBS the riverf that Congress is going to authorize a survey for the purpose of indulg- Mr. ALLISON. I do not rememboc the date of it; but I think i.t ing in an idle curiosity to ascertain whether these men have or have was passed in 1866. not suffered by the erection of this bridge, and to what extent they Mr. KERNAN. Who built the bridt{ef have suffered loss. Mr. ALLISON. The bridge wa.s bruit by a railroad company. The town of Saint Charles is about twenty miles above the mouth Mr. KERNAN. A private corporation T of the Missouri River. The bridge erect-ed at that point is one of the Mr. ALLISON. A private corporation, and in the State of Missouri. largest npon this continent. I think with its approaches it is more When we are surveying near1y every river and bridge we can find, I than a mile and a quarter long. It was constructed by a railroad do not think there can be any objection to surveying that point. corporation and is now operated by the North Missouri Railroad Com- Mr. KERNAN. I can hardly conceive where we shall stop .if we pany. If the principle is to be adopted of holding the United States make appropriations to expend money to protect the owners of land Government liable for the losses that riparian proprietors may suffer along rivera whose lands by the railroads or somebody else have been by reason of the construction of bridges over navigable streams by injured. by building bridges over the stream. private corporations, it is difficult to say where the raids upon the Mr. ALLISON. This is a House provision, I will state to the Sen- Treasury will end. There is a bridge across the- Missouri at Saint ator. Louis. This one at Saint Charles is the next. Above that the stream Mr. EDMUNDS. What if it is T is bridged at Boonville and, I believe, also at Lexington. Mr. KERNAN. I cannot help that. It seems to me this is not a. Mr. COCKRELL. No. provision that we ought to pass. A bill passed with such provis- Mr. INGALLS. It is to be bridged at Lexington, then. ions ru:1 this has no sort of regard for the public welfare. It is not Mr. COCKRELL. Not yet. simply giving money t.o relieve individuals from the wash of a Mr. INGALLS. A few miles above that point several railroad cor- stream caused by nature, but, what is worse, caused by some company porations have a common bridge across the MiBBOuri River at Kansas building a bridge. If there is any wrong done them, the company is City. Forty miles above that point the Missouri River is bridged at liable. This clause haa not the slightest relation to anything that I Leavenworth. Tw~nty-five miles above that point it is bridged at conceive of that this Government has a right to do. Atchison. Twenty-five miles above that point it is bridged at Saint Mr. EDMUNDS. At what town is the bridge f Joseph. There is a ponton-bridge authorized at Nebraska City. Mr. ALLISON. Saint Charles. The last bridge, I believe, erect-ed is at Omaha, or between Omaha. Mr. EDMUNDS. It is strange I cannot find the act authorizing an·d Council Bluffs, operated by the Union Pacific Railroad. It is the bridge. certain that every one of these structures has resulted in some dam- Mr. KERNAN. If we go on in this way, to say nothing of some age either to the navigation of the stream or t.o the land owned by other things in this bill, we may bid adieu to the hope of ever paying the persons upon its banks. If the principle is to be adopted that tho our debts or ever reducing taxation. It seems we are paying the United States Government is to be held liable for every loss that may public money out without the slightest regard to the doctrines which ensue by reason of the construction oi bridges over that river, then have been held by all parties in times past as to the mode of apply- it is certainly a matter of very grave importance to the Treasury of ing the public funds. I had supposed that it was well settled that the United States. The object must be what the section itself con- we ;would only apply the public moneys to works which are of national templates, because it is not correct, as the Senator from Missouri importance; not to clear out streams and blow np rocks, which we do says, that that river is now of any great value for the purpose of ourselves in the State of New York by private subscription and some- commerce or navigation. The utility of that river for navigation has times by taxing adjacent land. Our appropriations· are not to be ap- long since ceased. There is a line of railroads upon either bank of plied to a work that cannot be said to be a national on.e. By the tail- the river, runuing from Saint Louis to the city of Omaha npon the end of this provision we are going to relieve some individuals who west side and to Sioux City and perhaps above that upon the eastern have got flooded in consequence of building a railroad bridge over a bank. It is impoBSible for water transportation to compete with stream. I trust the amendments making sm-veys will not be agreed transportation by rail. Therefore below these points, as I said, the to in gross. MiBSouri River is no lon~er useful for navigation. The object, then, Mr. ALLISON. The clause to which the Senator refers is not an of this clause between lines 149 and 154 of section 2 mrist be precisely amendment, but a part of the bill as it came from the House. what the language implies, and that is to ascertain what damage Mr. EDMUNDS. We shall have to strike it out by and by. private individuals have sustained by reason of the construction of a Mr. KERNAN. Can it be done now T bridge by a private corporation. Mr. ALLISON. I do not object to striking it out. The PRESIDING OFFICER. Is there any objection to consider- Mr. BOGY. Before that motion is made I wish to say that I think ing all the amendments making surveys together Y th~ w~rding ?f this section may not be very fortunate ; yet I do not Mr. BOGY. I make a point of order. I presume that this whole think It possible for any one to conceive that the bank of any river discussion is out of order. can be worn away without affecting individuals or the Government Mr. ALLISON. I ask that the consideration of the clause in regard of the United States. This is ·the substance of this matter: A bridge to the Missouri River be postponed until the committee shall have has been b~t over the Missouri River, which is one of the large finished its amendments. streams of this country. No matter by whom the bridge was built, it Mr. KERNAN. I assent to that. is there aa a fact.t and the navigation of the river is thereby afffected. Mr. EDMUNDS. What is the pending question f Mr. ED.MUNDt;. May I a.sk the Senator a question f Can he tell The PRESIDING OFFICER. The suggestion made by the Senator ns the date of the a-ct when Congress authorized this bridge to be having thobillinchargetoconsiderall theamendmentsof the commit- built across the MiBSOuri River f tee relating to surveys together. Is there any objection to that propo- Mr. BOGY. I am not able to say, but it mus~ have been from six sition 7 to eight years ago. The bridge, of course, was built by a private Mr. EDMUNDS. Yes, sir. comp!'l'ny under ala~ of .ConfJress authorizing the Missouri River to The PRESIDING OFFICER. Tho Senator from Vermont objects. be bndg~d. The bn.dge IS a fact, and the~ffeot upon the navigation The Clerk will report the pending amendment, being the first one of that nver has been very great. It has caused an immense amount relating to surveys. / of abrasion or erosion of the banks below that bridge. Of course if The CHIEF CLERK. It is proposed to insert after line 3 of section the banks are eroded individuals are affected; and th&t need not' to 2 the words: / have been expressed in the words of the act. Three Forks of Kentucky River, to Savannah, Geor~ia. via Cn.mberllllld Gap. / / / / I 4614 CONGRESSIONAL RECORD-SENATE. JULY 15, Mr. EDMUNDS. I should like to bear that explained. We all Mr. ALLISON. The Senators from Kentucky think so, and we in- know what a survey means. It means money. serteu it. Mr. ALLISON. I will say wth reference to these amendments pro- Mr. EDMUNDS. I see; it is very logical indeed. In order to save viding for surveys that the committee did not make a careful ex- the existing harbors and have money to protect them in case a sud· amination into the propriety of -the surveys. They found a large den catastrophe should fall on any of them, we are to appropriate number of surveys in the bill coming from the House and a larger $50,000 that may be expended in searching for some river that can number of amendments for surveys sent to the committee by Sen- have a harbor, and when we do find it we may possibly have a storm ators. Inasmuch as the appropriations for surveys, as the bill came that will fill it up, and in that case it will be desirable to have the to us from the Honse, provided for $50,000, at the end· of the bill we money. That is reform and retrenchment. Very good. · I withdraw inserted that sum, with a provision that the Secretary of War should my amendment to the amendment. make an estimate of the cost of all these surveys and should only The PRESIDING OFFICER. The question is on the amendment survey such rivers as are most important to commerce. If the Sen- of the committee. . ator objects to any one o~ these amendm.ents I will vote with hill?- to Mr. SAULSBURY. I shaH vote for the amendments of the commit- strike it out. The comnnttee had not t1me to go through a detailed tee. They do not increase the amount appropriated for surveys, but examination of this bill to study the geography of this country suf- only add to the objects which the engineers may examine. If they ficiently to a,scertain whether the surveys sent to us from the House increased the expense of the bill at all I should be inclined to vote were such as should be made or not. It was perfectly evident, how- against the amendments of the committee; but they do not increase ever, that the large number of surveys provided for could not be the expense. They only add other items of survey so that the engi- made with an appropriation of $50,000. Therefore the committee un- neers may have a greater variety of rivers and creeks to examine, dertook to distribute the appropriations rather than make a critical and they will determine where the $50,000 shall be expended, if it is and careful examination of the several rivers and harbors proposed not sufficient to cover all the objects named. to be surveyed. Mr. WITHERS. My idea has always been that the policy of the Mr. EDMuNDS. If there is any value in human experience, it Government has been to extend the improvement of the rivers and shows that a provision for surveying a river is a provision for the harbors of this country so as to increase the facilities for securing ac- appropriation of money. It is only the first step, and that is the one cess to market from different localities and to secure the protection that costs, as the proverb has it, toward the taking of money from of vessels engaged in commerce; and as it is in the nature of things im- the Treasury. In addition to that, when you come to the last page possible that this work can be accomplished in one, or two, or three, of the bill it recites: or five years, but must of necessity be progressive, I think the com- And the sum of ~,OOOis hereby appropriated for such examinations and surveys mittee did exactly right in reporting in favor of these projected sur· and for incidental repairs of harbors for which there is no especial appropriation veys. provided for by law. So far as my own section of country is concerned, very few surveys That covers all these amendments of the committee and a good have been made of the principal rivers. It is still more stron~ly the many of the provisions of the House bill. That being the state of the case in regard to sections farther south. The northern portions of case, it is proposed this year to go into new surveys and to take 50,000 the Union have been very generally examined and surveyed and re- from the pockets of the tax-payers for new surveys. The country has ported upon and improved. It seems to me nothing but right and got along a hundred]ears now, and where is the harm of saving this proper that this system of surveys should be continued, and that it $50,000 this year an letting these new works of survey, which do should be applied to all streams and waters of any importance in or- cost money and involve the expenditure of a great deal more, wait der to ascertain whether the expenditure of a certain amount of until the country is in a more prosperous condition f money by the Government in improving these rivers could be worthily We have heard in the newspapers and from the stomp and in both expended, and that the country would be repaid for it in the increase Houses of Congress and everywhere else a great cry that has consid- of its material wealth. . erable foundatiOn for it, that the finances of the Government are not The policy adopted by the committee in reporting all these amend- in a particularly wholesome condition; that we cannot impose any ments was, in the opinion of the committee, in the interest of econ- more taxes, and that we ought not to do it; but that, in order to omy. It was manifestly impossible for the sum of $50,000 to secure bring ou:J:Belves within our income, we must retrench, we must di- all the surveys which are reported by the committee; and the object minish salaries, we must diminish employes; b~twhen it comes to a of the committee consequently was to leave it to the discretion of the proposition to go roaming about somewhere to find a new opportu- Secretary of War and Engineer Bureau to spend that money at such nity for the expenditure of public money, then all our cry about re- localities as, in their opinion, would bo most conducive to the public form and retrenchment and opposition to taxation suddenly dies out. interest. I think, therefore, that I may well claim that this bill as This is a distinct proposition when you put it altog~ther-I know reported by the committee isin the interest of economy in th:J.t direc- nothing about this particular case of course-to take $501000 from 1he tion ra.thor than to vote a specific sum for every survey asked, the ag- Treasury now for the mere purpose of making fresh explorations to gregate of which would be very much greater, judging from the dis· find some river somewhere that you can appropriate money for here- position and views of the Senate as indicated by the votes which have after to improve the commercial interests of the country. If there been heretofore taken, than the amount which is appropriated by the ever was a time when we are entitled to stop and to wait until we bill before us. have money and have prosperity, it appears to me that an item of this Mr. SHERMAN. One observation has occurred to me in regard to character is the one to begin upon. this matt~r, and that is that when these reports are made by the en- Mr. ALLISON. .May I suggest to the Senator that this provision gineers, who are supposed to be very skillful, graduates of West also requires the Engineer Bureau to repair such harbors as are not Point, educated at the expense of the Government, we do not pay specifically provided for in the bill, so that the whole sum of $50,000 much attention to their report.s. Not a single opinion read from the may be expended without surveying a single one of these rivers and engineers since this bill has been before the Senate has been regarded harbors f - in the slightest degree. Mr. EDMUNDS. So it may; but will the Senator point out a har- Mr. WITHERS. Yes, I got the Mattapony in on the report of the bor that we have not made any provision for where there is any ur- engineers. gent necessity for expending money this year f If he can, then it is Mr. SHERMAN. In the case of the New River a report of an engi- left to the discretion of the Secretary of War to take 49,000 to bunt neer was read opposed to the improvement, and I had some recollec- up some new river to improve, and put $1,000 upon the reparation of tion of seeing the New River rushing through a mountain gap where some harbor not now good. Mr. President, that is, to use a common all tho power of man could not have prevented its pursuing the course expression, "a little too thin." - marked out by nature, and yet upon the observations of the honorable :tr1r. ALLISON. I know of no such harbor now; but wo heard the Senator from Virginia a consiuerable sum-I do not know how much- Senator from Texas [Mr. MAXEY] yesterday glowingly describe a was appropriated for the commencement of the improvement of the great storm that passed over that State, a cyclone, requiring a great New River against the opinion of theengineer. expenditure of money· and the Senator from Kentucky [Mr. STEVEN- :Mr. WITHERS. I beg the Senator's pardon, bnt I trust he will soN] made it a speciai reason for an appropriation for the Big Sandy allow an interruption which I know his courtesy will permit. River that a great storm had occurred since the reports; and proba- Mr. SHERMAN. Certainly. bly another storm may occur in the Big Sandy or Louisa Fork or on lli. WITHERS. The opinion of the engineer which was quoted Lake Champlain or somewhere, making it necessary to expend a thou- here did not at all apply to the portion of New River for which I sand or two thousand dollars to keep a harbor in repair. Therefore asked the appropriation, nor did the portion of the river which was this fund is provided for that purpose. surveyed so critically by my friend from Ohio come within the cate- Mr. EDMUNDS. Mr. President-- gory of the appropriation which I supported. The PRESIDING OFFICER. The Senator has exhausted his time. Mr. SHERMAN. In other words, the engineer did not find the place Mr. EDMUNDS. I move to amend this amendment by striking where the New River could be made navigable. That was his mis- out "Three Forks." fortune. He ought to have known better; he ought to have exam- It is perfectly true that there may an occasion arise when some ined the matt-er more carefully; and as an engineer trained for that sudden calamity, a cyclone will strike a harbor and make it dry particular business he showed his incompetence. Therefore I do not land and. that it will be necessary for the Secretary of War to dig it see any use in continuing the employment of a class of engineers out forthwith in order to save tho nation; and perhaps we ought to whose reports we do not regard when they are made to us. provide a contingent fund for that purpose; but is it necessary, in A more striking case is the case from New Jersey, where tho board order to prevent a cyclQne and save a harbor, th:it we should survey of engineers certified that a certain channel was amply sufficient and the Three Forks of the Kentucky River 7 the water deep enough, and yet the Sena1pr from New Jersey upon 1876. (JONGRESSIONAL RECORD~ENATE. 4615 the statement of somebody whom he did not name induced us to Mr. SAULSBURY. I will say that these are short creeks or rivers overrule the opinion of the engineer and appropriate a considerable rwining up from the Delaware Bay, all except the last one, to impor- sum of money to open up a channel between New Jersey and Staten tant towns in my State, upon which there is considerable commerce. Island. I therefore do not see any object in paying $50,000 for the They are very short; for instance, Duck Creek is only about seven reports of engineers whel'l we can overrule them so easily without miles from the town of Smyrna to the month of Delaware Bay. There their costing so much as that. is considerable commerce upon it, and at one time Smyrna was one of Mr. HAMILTON. I would inquire of the Senator from Iowa if this our principal places of business in the State. Dover River runs from amendment means that the engineers must commence at the Three my own town to Delaware Bay; is a river of about fifteen miles in Forks of Kentucky River and survey by the Cumberland Gap to length, upon which there is considerable commerce and where several Savannah, Georgia t That is the way it reads. vessels run. ::Murderkill Creek runs from the town of Frederica to · Mr. ALLISON. If they can find the Three Forks of the Kentucky the Delaware Bay, and is about seven miles. Mispillion Creek runs River, I suppose they will begin with one of them, and then go on via from Milford to the Delaware Bay, and is about seven miles long; Cumberlaud Gap to Savannah, Georgia, and if they can reach that and at that point I will say there is a ship-yard at which there are a~ point, thev will have surveyed the region proposed to be surveyed number of vessels built, sometimes for New England trade, and this is here. Tbls amendment was inserted at the request of some Senator, a very important point. The Brandywine is near the city of Wilming- or taken from some amendment proposed in the Senate, and was not ton. My colleague is not present, but it is a matter in which the examined as to its phraseology by the committee. people of his city feel some interest. Broad Creek is in the lower Mr. HAMILTON. It is evidently a jumble. There can be no ob- part of the State. I have had a letter from a gentleman in that place ject in such a survey. It goes in a direction where no stream runs saying that there are twenty vessels plying on that creek. It is a at all. short creek of some fifteen miles, and they desire to have a survey, Mr. WITHERS. I will state without any specific knowledge on so that some obstructions may be removed. the subject that the impression on my mind is that one of the great I referred these amendments to the committee, and they have been connecting interior water-lines recommended by the Select Commit- adopted in the committee. I hope the Senate will allow them to tee on Transportation was through the State of Georgia, making a con- remain in the bill. nection between the Tennessee River and th~ Coosa River by the way The question being put on the amendment, there were-ayes 9, of the Etowah, in order to make a water connection from the North- noes 16; no quorum voting. , west to the South; and the object of this survey, I take it, is to in- Mr. ALLISON. The senator from Delaware baa explained the clude the Cumberland River and its tributary, the Kentucky, in this importance of these rivers and creeks, and I think there ought to be survey. I do not know what else it is, because I say frankly the com- no objection to having them surveyed. mittee did not examine critically all these proposed amendments for Several SENATORS. Let ns vote again. 8nrveys which were suggested, but presumed they would all be left bet- The PRESIDING OFFICER. The Chair will submit the question ter to the discretion of the Secretary of War and the Engineer Bureau again to the Senate. to select such as in their opinion would be most important to expend Mr. EDMUNDS. It appears that there is not a quorum. I ask the the money appropriated upon. Chair to count the Senate and seewhether there is a quorum present. Mr. DAVIS. After diligent inquiry from members from Kentucky The PRESIDING OFFICER, (after counting the Senate.) There and persons who ought to be familiar with this locality, I am told are forty Senators present. The question is on the amendment. _ that they know no such river. One gentleman says it is five hundred Mr. SAULSBURY. I will say that I have no personal interest in miles from the locality where my colleague of the committee thinks it the matter, and no very special wish to gratify. I believe, however, may be. these are as important as many other points named in this section of Mr. 'VITHERS. I know nothing about it personally. the bill. I am willing to strike out the whole section, but if you put Mr. SPENCER. I would suggest to the Senator from West Vir- in everybody else's amendment I see no reason why amendments for ginia that there must be some mistake about tills amendment. It my State should not be concurred in. I am perfectly willing to strike could not have been in earnest. You cannot connect any water- out the entire section, and I say furthermore, that I am perfectly will- courses as indicated there.· ing to vote this whole bill down, though it has some appropriations Mr. EDMUNDS. It is to make water-courses. for Delaware, but I believe there are many unwise appropriations of Mr. DAVIS. The object of my rising was to move that the Senate money in this bill. I believe it is contrary to the intent and spirit of non-concur in this amendment. It is a misprint or something else. our fathers in reference to public improvements; and· if you bring The PRESIDING OFFICER. The amendment can be rejected. this question to a test vote, I think I shall vote against the whole The question is on the amendment to insert lines 4 and 5 in section 2. bill, but I do not see why these items should not be voted' for Dela- The amendment was rejected. · ware. The next amendment of the Committee on Appropriations was to The PRESIDING OFFICER. The question is on the amendment insert as line 6 of section 2 : inserting the items as to Delaware in the second·section. Cumberland River, above Cumberland Falls, Kentucky. The amendment was agreed to-ayes Zl, noes not counted. The next amendment of the Committee on Appropriations was to The amendment was rejected. insert as lines 65, 66, and 67 of section 2 : The next amendment was in line 7 of section 2, between the words McKenzie Rh·er, Oregon, with a. view of ascertaining the most practicable steam· H Virginia" and "Danville," to strike out the word " to" and insert boat channel from the mouth of said river to the month of Mohawk.River at Yarnels. " via;" and in line 8 to insert : The amendment was agreed to. To Danbury, North Carolina; and Stanton River, from Roo.noke, Virginia, to The next amendment was to insert as lines 70 and 71 of section 2 : Brookneal, Virginia; Songo River, and the channel leading from Long L~ke to Sebago Lake, Maine. So as to make the olause read: Dan River, from Clarksville, Virginia, viaD:mville, Virginia, toDanbury, North The amendment was agreed to. Carolina; and Stanton River, from ~anoke, Virginia, to Brookneal, Virgmia. The next amendment was to insert as lines 90, 91, 92, 93, and 94 of section 2: The amendment was agreed to. A BDrf'ey of that portion of the Monon,zahela and Allegheny Rivers lying within The next amendment was to insert as lines 14, 15, 16, and l7 of sec- and a.lon~ the boundaries of the city of Pittsburgh, which portion of said rivers i8 . tion 2: hereby placed under the direction of the engineer in charge of the Ohio River. · Etowah River, in Goorgia, from Cooper's Iron Works to Canton; and the south branch of said river, known as Little River, from its junction with the Etowah Mr. HAMLIN. I should like a little information in relation to this above Cooper's Iron Works to the mouth of Cooper's Sandy Creek. matter before I vote. I propose to use all alike. According to my recollection the State of Pennsylvania has made very extensive im- The amendment was agreed to. provements by locks and dams on that river. I passed over it some The next amendment was in line 47 of section 2 to strike out the years ago and that is my recollection. Now what I want to know is word "Head" before "Haven Creek'' and insert ''Tread;" so as to if the design of this clause is to transfer the State works to the Gov- make the clause read: ernment! Tread Haven Creek, at or near Easton Point; Talbot County, M.a.ryland. Mr. WALLACE. There is no such intention. The Senator from The amendment was agreed to. Maine is right in the fact that the Monongahela has been improved The next amendment wa-s to insert as lines 49, 50, 51, 52, and 53: by locks and dams and slackwater navigation ; but this amendment Slaughter Creek, near the mouth of Little Choptank River, Maryland. does not reach to that part of the Monongahela. This is intended Brown's Creek and Southeast Creek, M.'lotyland: · simply to give a police power for navigation right-s over the two riv- Corsica Creek, Maryland. ers in front of the city of Pittsburgh, as I understand it. The engi- Harbor at Leonardstown, Maryland. neer in charge of .the Ohio is there, and there is a necessity for al- The amendment was rejected. lowing him to have control over the fronts of the rivers on the city The next amendment was to insert as lines 54, 55, 56, 57, 58, 59, which form the Ohio at their junction. It comes from the members and 60: · representing Pittsburgh and is desired by them. · Duck Creek, from its mouth to Smyrna Landing, Delaware. Mr. DAVIS. I understand that there is a large river front on the Dover River, or Saint Jones's Creek, Delaware. two rivers at Pittsbur~h, and that coal-barges coming down those Murderkill Creek, Delaware. rivers when the water IS low are tied up at different places along the Mispillion Creek, Delaware. wharves and along the banks, and in some cases very much to 1he in- Brandywine River, Delaware. in~~a~~{:~~· D~l~~f. inN antiooke River, from its mouth to the town of Laurel, terference of regular commerce. It has been desired, as explained to me, that the wharves and banks of the rivers should be put under 4616 CONGRESSIONAL RECORD-SENATE. JULY 15, control of the Government so as t.o make some general regulation and Mr. EDMUNDS. That does not prove that it is constitutional. serve commerce as well as the coal-boats. That was the object of the Mr. ALLISON. I was merely explaining that probably there wouhl clause. be no difficulty from the State of Pennsylvania. Mr. EDMUNDS. I wish to ask the chairman of the Committee on Mr. HAMLIN. I desire to make an inquiry of the Senator from Rivers and Harbors, or rather the. gentleman who has this bill in Pennsylvania as to what is the intent and meaning of the latter part charge, where he gets the authority to put the shore of the Allegheny of this amendment : and the Monongahela Rivers in the city of Pittsburgh under the Thence by canal to Cumberln.nd, intersecting there the Chesapeake and Ohio charge and direction of the engineer. What become of the rights Canal. , of the State of Pennsylvania to exercise jurisdiction over that shore f Does that mean that after you have found the headwaters of this Mr. ALLISON. I think I will turn that question over to my friend, stream yon are the~ to construct acanal from there to the Chesapeake the Senator from Pennsylvania, who has charge of this amendment. and Ohio Canal f Mr. WALLACE. The power of the engineer in .charge of the Ohio Mr. ALLISON. That is the idea. , River is to be extended over the portions of the nvers Monongahela Mr. WALLACE. I understand that to have been the original pur- and Allegheny that lie around the city of Pittsburgh. Control is pose of this survey, with wh\ch I had nothing to do. It originated, I not taken away from the State fmther than is necessary to regulate believe, in 1874. · the exercise of navigation and the passage of commerce there. Mr. HAMLIN. I supposed that was the meaning, but it seemed a Mr. EDMUNDS. If that is good democratic State-rights doctrine, little obscure. , . I am for it. But this amendment says that these rivers at their junc- Mr. DAVIS. This is a continuation of a survey that has l)een in tion are put under the direction of the engineer in charge, and if "di- progress for three years. It was originally intended, and is now by rection" is not eomplete and absolute control, if he cannot say to thoso who favor it, to ascertain.the pra~ticability of connecting the this boat "go" and to the other "come," or to this officer of the State "go" Chesapeake and Ohio Canal that starts at <1eorgetown, and is now and to the other "come" or certainly "go," then I do not understand finished a-s far as CnJilberland, with Pittsburgh. The river You~h­ the use of language. If this provision had said that these improve- iogheny and the river running from this side of the mountain, which ments there were put under his direction it would be one thing, but is Savage Rh·er, have been surveyed roughly. The intention of this to put those two rivers into the absolute control and direction of the additional survey is to allow the engineets, who are now at ~ork, as engineer who happens to be in charge, it appears to me is to set up a I understand, if upon the judgment of the Secretary of War be can kind of king there. do it out of the $50,000, to continue that survey at least long enough Mr. WAJ.JLACE. I do not think the power given by this provision, to got a report. There is no mon::>~ appropriated for it specially. of the bill will allow the exercise of any such autocratic authority as Mr. EDMUNDS. I wish to ask the .Senator from West Virginia if the Senator supposes. No interference, it seems to me, need be feared he supposes that is within the constit11;tional authority of Congress T with the right of the State. It would simply be under the power to Mr. DAVIS. As mnch so as many others. regulate commerce, taking care that steamboat navigation was not Mr. EDMUNDS. But that does not answer the 'question. Will the interfered with. I should be the last person to agree with any inter- Senator tell me, if he is willing, whether the thing in itself is within ference by the United States with rights of individual property or our constitutional power according to his view t with State authority; but I do not think that can be reasonably in- Mr. DAVIS. The Senator from West Virginia would prefer not go- ferred from the use of these words. ing into that argument now. ' The amendment was agreed to. Mr. SAULSBURY. This is certainly_objectionable, and is liabl~ to The next amendment of the Committee on Appropriations W3.S to the objection su..Ggested by the Senator from Vermont., a-s an attempt insert as lines 95, 96, 97, 98, and 99 of section 2: . on the part of tJongress to make a suryey looking to the appropria- For con~ning survey of the Youghiogheny River, to continue the Blackwater tion of money for an artificial highway, which I do not believe we navigation up said river to the headwaters at the foot of the .Alleghany Mount- have any constitutional power to do. I shall therefore vote against ains, thence by c~l w Cumberland, intersecting there the Chesapeake and Ohio Canal. the amendment. While I have stood by the committee usually, I shall vote against this amendment . . Mr. EDMUNDS. Now I want to make another inquiry, and I am Mr. WHYTE. If this was a new proposition I should say that the not doing it for the purpose of fun, but I wish seriously to be in- Senate ought to vote it down; but on the 23d of J nne, 1874, Congress formed. This river, if I am correct in my supposition, the name of ordered these surveys to be made, and they are not yet compieted. which ·I cannot pronounce, is wholly within the jurisdiction of the This amendment is simply to complete the surveys which by the act State of Pennsylvania.. It does not lie between two States, does it f of June 23, 1874, Congress aut4ori:l~d, . and about which we have a Mr. WALLACE. •It does not. report made by Major Merrill, showing the requirement of an addi- Mr. EDMUNDS. And here you propose to continue slackwa.ter tional small appropriation to complete the work already begun. This navigation "np said river to the headwaters at the foot of the Alle- is a proposed survey to see whether such a continuation can be practi- ghany Mountains." That is to say, the river naturally is not a navi- cable of the Chesapeake and Ohio panal, intende'd to connect the gable stream in the ,PUblic and constitutional sense. Now I wish to waters of the Ohio with the waters of the Chesapeake. know whether Congress has any authority to pick up any brook it The amendment wa-s agreed to. · chooses in the State of Pennsylvania or in the State of Vermont and call The next amendment of the Committee on Appropriations was to it slackwater navigation, and oust the State authorities from their insert as lines 114, 115, 116, and 117: control over the very same subject. I am not speaking of private A. survey to as ~ ertain the l>racticl\bility and cost of a water-route from head o! property; but suppose the State of Pennsylvania has already provided tide-water on the Pa.tapsco R1ver, Maryland, to head of tide-water on t.oho Eastern or chooses to provide for arranging that river so that logs may be Branch of tho Pofumac River, near the town of Bla.densburgh, Maryland. floated down it or otherwise, or to say that a dam shall be here and shall not be in another pla~e, and Congress undertakes out of its own Mr. EDMUNDS. I shouhl like to ask my friend from Maryland, supreme power to control commerce to say, "We will take that brook for whose o:pinions on constitutional law I have a very great respect, from the State of Pennsylvania and have it ourselves so far as any whether he believes that this provision for a survey for a canal from use of it is conoerned, and w~ will direct by our supreme power the headwaters of the Patapsoo to the headwaters of the Eastern where dams shall be put and where they shall not be pntj" can it be Branch of the Potomac, wholly -within the State .of Maryland, is with- possible that we have any authority to do a thing of that kind' in the constitutional power of Congress! Mr. WALLACE. Mr. President, in jLlstice to myself and to those Mr. WHYTE. Mr. President, the United States is a stockholder in by whom this clause was put in the bill, it is proper to state that this this company, holding two millions and a half out of eight millions proposition comes from the engineers in charge, and is to continue of stock; and I do think that if the United States can OJ?en up any surveys already commenced. I agree fully with the Senator from route which will yield a revenue to the people of the Umted States Vermont as to the constitutional and legal doctrine involved in thill on the money invested in this canal it is a le~timate and proper subject. We Il.ave no legal right to appropriate money as proposed work, and·is an exception to the general rtile, w1th which I agree, as to be appropriated here, and I will go with him to the fullest extent stated by the Senator from Vermont. upon that theory and doctrine. But this is simply to continue sur- The amendment was agreed to. veys already commenced, and at request of the member of the House The next amendment was to insert as lines 118, 119, and 120 of sec- the committee put in this item, although it wa-s considered a-s one of tion 2: those leaat necessary. I am entirely content that the Senate may do To ascertain the practic&bility and cost of cut~~ a deep channel from the lower anchorage of the bay of Mobile w the city of Mobile, Alabama.. -with thislropositionjust \Vhat it pleases. · Mr. AL ISON. In furtherance of what is said by the Senator The amendment was agreed to. . from Pennsylvania, I will say to the Senator from Vermont that I The next amendment was to insert aa lines 121 and 122 of section 2 : think Pennsylvania -will find no fault with this amendment. A survey to ascertain the cost and practice.bility of removing the obstructions in Mr. EDMUNDS. I dare say; but that is not the point. With~acoochee River, Florida. Mr. ALLISON. As far as the Monongahela is concerned, the State The amendment was agreed to. of Pennsylvanta has alrea~y improved that river very largely. I The next amendment wa-s to insert as lines 123, 124, 125, 126, and think she has built, through a company chart~red for the purpose, 127 of section 2: six or seven looks and dams, whereupon the United States has taken An examination and survey w ascertain tho cost and practicabi)..ity of removing hold of that same improvement, and bas now built, I think, two. the obstructions at the entrance of the harbor of PensacolaJ Flon~~.~nd of doep- Last year we appropriated a considerable sum, and in this bill there enina- the channel of Blackwater River between Pe.Q..iacom Bnd .llol.l.lton in s:ud is found an appropriation of $25,000 to begin a now lock and dam on Stab~. ihe Monongahela River, which _is wholly in the Stu,teof Pennsylvania. The amenilinent was agreeu to. 1876. CONGRESSIONAL RECORD-SENATE. 4617.. . The next amendment waa in line 161 of section 2, after the word State of New York. I think I have the acquiescence of the committee "near" to insert ''and between;" so as to make the clause read: in sa.ying that those provisions as they stood in the House bill are Delaware River, nea,r and between Petty's and Smith's Islands. quite as urgent and meritorious as the average provisions standing in the House bill, and therefore I ask that the vote may be reconsidered The amendment was agreed to. by which these amendments were agreed to and these provisions Mr. ALLISON. I have some amendments to offer for additional stricken out; _I will read them: ' surveys. For the improvement of thel'larbor at Dunkirk, New York, 118,000. Mr.•ED.~·IDNDS. .A.re the amendments reported by the committee all disposed of f Since the vote of the Senate I have received by ~legraph and by The PRESIDING OFFICER, (Mr. MITCHELL.) There is one un- letter urgent-expostulations from people there remonstrating against disposed of from line 163 to line 172 of section 2. tho propriety of dropping that work. Mr. EDMUNDS. I insist on the regular order. Let us have the So t.oo we find on page 2, lines 15 and 16: . vote on the fifty-thousand-dollar appropriation, and then we·willput ~or the improvement of the harbor at Olcott, New York, f(i,OOO. in the other rivers. · Again in line 19 : Mr. .ALLISON. I submit whether the committee cannot make the amendmen,ts in their order. l offer a list of surveys which we have For the improvement of the harbor at Pultneyville, New York, $5,000. picked up. ·.A.nd at line 21: 'rhe PRESIDING OFFICER. The Chair thinks the amendment of For the improvement of the harbor at Great Sodus Bay, New York, $5,000: the Senator from Iowa will be in order coming from the committee. I I Mr. EDMUNDS. I make the point of order so as to ma'ke the law For varying reasons, but for truthful reason~ in each of these cases, for the Senate, (I do not care which way ij; is deci(led.,) because the these provisions as they stood in the House bill, assuming that the committee has no more right than anybody else, thm; we cannot con- Treasury is in condition to maRe such appropriations as the Senate sider any other amendments than. those reported with the bill until has considered it fit to niake now, should be where they are. I ask they are disposed of. . that the vote s~riking them ont be reconeidered and that the amend- The PRESIDING OFFICER. In order that the point may be well ment be non-concurred in. settled, the Chair will submit it to the Senate. ' , The PRESIDING OFFICER. Is there objection to the motion cov- Mr. WEST. I hope the .Senate will understand that pending de- ering these several amendments f If not, the Chsif will put the ques- bate on this bill other amendments have been. submitted to the com- tion on the motion to reconsider them all at once. mittee, and the amendments now offered by the Senator in charge The motion to reconsider was agreed to. are supplemental to amendments already offered, but they are ob- Mr. CONKLING. Now I ask that the amendments be non-con- jected to by the Senator from Vermont. curred in, the vote being taken together. · Mr. .ALLISON. Many of these amendments were submitted to the The FRESID~G OFFIC.ER. T4e . Chair will pnt the question in committee before the bill was reported, and were omitted by accident. reference to all these amendments, there being no objection. The ques- Mr. EDMUNDS. I hope I shall not be misunderstood. I am not tion is on the amendments reported by the committee as stated by objecting to the amendment the Senator from Iowa wishes to offer. the Senator from New York. I am only asking that we follow the law of the Senate and go through The amendments were rejected. with the amendments that are reported and in the bill, of which there Mr. ALLISON. I ask now to insert the omitted surveys. After is a single one left. That is my point of order, and, as I say, I do line 162 of section 2 I move to insert : . not care which way the Senate decide it. It was never disputed be- Survey of the Potomac River, from Goorgetown, District of Columbia, to the new f : >re, and after it is decided if the Senator haa any special object of outlet-locks constructed on the Chesapeake and Ohio Canal. Survey of the Red River above the raft to western boundary of the State of Ar- course I shall not make any objection. kansas. · . ' Mr. ALLISON. The committee had no special object. If it satis- Little River, from its mouth to the western boundary of Arkansas. fies the Senator any better to vote on the printed amendment, I will Examination and survey of the Missouri River immediately above and at N e- waive offerin ('/' the other for the present. braska.City, Nebraska., with a view of determining what measures, if any, are nec- essary to be adopted to preserve the landing for steamboats and other vessels at Mr. EDMUNDS. .A.ll I want now is to know what the rule of order ~d~~ ' is, for on some other bill it may be important. Roanoke River, from Weldon, North Carolina., to Clarksville, Virginia. The PRESIDING OFFICER. The Chair will make this statement: Survey, estimate; and report of the cost of a dyke from the upper north end of All the amendments reported by the Committee on Appropriations Louis, the island known as Bloody Island, Mississippi River opposite the city of Saint to the wing-dam opposite Brooklyn, Illinois, and of the practicability and and in the printed bill, with the exception of two, have been agreed usefulness of such dyke for improving said river and its harbor and for proteotin~ to or disagreed to by the Senate, pending which the Senator from the lands on the east bank of said river _against overflow and the deflection ana Iowa offers another amendment from the committee. The question abrasion of the current of said river. is whether that is in order. This the Chair will submit to the Senate. The amendinent was agreed to. Mr. SHERMAN. I would ask the Chair if the Secretary remem- Mr. HARVEY. Among the surveyM I notice a topographical error bers any precedent or any rule on the subject t on page 2'2, line 26 of section 1. "Kansas City" should be "Arkansa-s The PRESIDING OFFICER. The Chair is advised that it is sim- City." ply a practice of the Senate; that there is no definite rule on the sub- The PRESIDING OFFICER. The Chair hears no objection to that ject. amendment, and it will be made. Mr. ANTHONY. I understood the Senator from Iowa to consent Mr. WRIGHT. I have two little amendments, and I want to offer that it should go in the way the Senator from Vermont wanted. both. Mr. .A.L~ISON. I did propose to waive it, but my honorable friend The PRESIDING OFFICER. The Chair will state that there is an from Vermont wanted a ruling on this point. amendment reported by the committee not yet acted upon on page Mr. EDMUNDS. I do not want any ruling if the Senator waives 12. It will be read. it, because that leaves it where it is. The simple point is-and it is The CHIEF CLERK. The committee reported to strike out linea 263 of no consequence in this particular bill, but it is of consequence that and 264 of section 1, as follows : . we preserve some ord £-that going through the bill according to law For the improvement of Pascagoula Bay, Mississippi, •10,000. we have come to a fifty-thousand-dollar amendment. Now the gentle- man representing the committee proposes to go back and put something Mr. SPENCER. I hope the same course will be taken with that as else into the body of the bill before we vote upon this amendment. with the others, and then I have a proviso to offer to perfect the para- T~at I insist is not in order; but I do not cai'e anything about it on this graph. bill. The PRESIDING OFFICER. The question is o~ the amendment Mr. ALLISON. Very well, I waive it. to strike ont the clause. · The PRESIDING OFFICER. The Secretary will report the last The amendment was rejected. amendment. Mr. SPENCER. Now I offer the following proviso to that appro- The CHIEF CLERK. It.is proposed to add at the end oi the second priation, to come in after lin~ 264 : section of the bill: Provided, That the State of Mississippi shall secure from the owners of the Noyes Canal a release of ali the claims the latter might have agaP!st the United And the sum of $50,000 is hereby appropriated for such examinations and sur. States were the United States to proceed with works of improvement without such veys, and for incidental repairs of :fi.arbors for which there is no special appropria- release. · - tion provided for by law: P ·rotJided1 That the Secretary of War shall make an es· timate of the total cost of the exammations and surveys herein provided for; and Mr. EDMUNDS. What does that mean f in case the sum herein appropriated shn.ll prove insufficient to complete said exam· Mr. SPENCER. The Senator from Iowa can explain what it means. illations and surveys, only such rivers and harbors shall be examined and surveyed He has the book there with the reports of the engineers. It appears .as in his juQ.~ment are most important. the canal is owned by some private parties. The amendment was .agreed to. Mr. LOGAN. Let us understand what the question is. Mr. CONKLING. I now ask the Senator from Iowa if he will allow Mr. SPENCER. I will endeavor to explain the amendment so that me to turn bacl t-o pages 1 and 2 of the bill T the Senator from Illinois shall understand it. The Engmeer Depart- 1tlr. ALLISON. · I want to add a few surveys. ment reports that such a proviso is necessary. The Senator from Iowa Mr. CONKLIN:G. I know t.hat, but as we have taken the order of can read the recommendation, if the Senator from illinois de8ires. finishing the bill as it stood, I have a suggestion to make. Mr. ED~IUNDS. What is the state of facts that makes this proviso Mr. .ALLISON. Go on. necessaryf Mr. CONKLING. The committee under its policy reported to Mr. ALLISON. Some private parties own a canal; called the Noyes strike out several i~ms in the bill on pages 1 and 2 relative to the Canal, at the point where this. improvement is to be made. The en- 4618 } QONGRESSIONAk REOORD-SENATE~,.~ JULY 15, gineer recommends tl:tat any appropriation made shall be UJ?On the Mr. NORWOOD. I raise the point of order that the amendment condition that the Stat-e of Mississippi shall release whatever mterest has already been adopted. ' it has in this canal. Mr. WRIGHT. This amendment is offered in pursuance of an es- Mr. SPENCER. That the State of Mississippi shall indemnify the timate made by the War Department; and that, I understood, comes Government of the United States against any damages which the within the rule. owners of the canal might claim. Mr. WEST. I should have been very glad as a member of the com- ~ Mr. ALLISON. I ask the Secretary to read what I have marked mittee to have raised a point of order against this amendment; but, in the report which I send to the desk. under my reading of the rule, that point cannot be made. It does · Mr. EDMUNDS. Before that is done I wish to say that the sub- come here in pursuance of an estimate from the head o~ a Depart- stance of it taken together is that we are to appropriate money to ment. · improve a canal now owned by private :parties; but before we can do Mr. DAVIS. Where is ·the estimate f Is it in the Book of Esti- it safely we must buy the canal. I think that is a good thing; we mates! ought to buy it before we go at .it. Mr. WEST. There is a special estimate. Mr. ALLISON. We must be released from damages that might M.r. WRIGHT. I understand that this amendment has been occur from our improvements to this corporation. adopted, and unless there is some question of order made or some • Mr. EDMUNDS. That is another way of stating the same thing. reconsideration of it, I do not wish to make any point, but I am sure Mr. LOGAN. We are to improve their canal, and if they are dam- I am in order under all the rulings made here before. aged any we are not to pay damages. . Mr. DAVIS. If the amendment baa been adopted, I move a re- The PRESIDING OFFICER. Is the Senate ready for the quest10n f consideration. Mr. CONKLING. Let me make an inquiry. I ask the Senator from Mr. NORWOOD. My understanding is that the amendment was Iowa whether I understand it right. An improvement is proposed. voted upon and adopted. The engineeTS say that an impediment or contingency standing in The PRESIDING OFFICER. The Chair would inquire of the Sen- the'way is the possibility of objection or claim by a private corpo- ator from Iowa if this estimate is in the regular Book of Estimatesf ration that they are interfered with and they say that the assent or Mr. WRIGHT. The amendment is recommended by a special let- indemnity of the State in which the improvement is to be made should ter of the Secretary of War on a communication made to h1m, which be obtained before the work proceeds. Now, the Senator from Ala.J I will send to the Clerk to have read. bama offers an amendment requiring that condition-precedent sug- The PRESIDING OFFICER. It is the individual opinion of the gested by the engineers to be complied with. Am I right in my state- present occupant of the Chair that it would be in order; but the ment! precedents have been otherwise. The Senate ruled against the pres- 1\Ir. SPENCER. Entirely right. · ent occupant of the Chair on this precise qnestion at the last session, Mr. CONKLING. ~hen really I do not see why it is not a case that in order to be in order an item moved as an amendment must somewhat familiar. I know nothing about the merits of ibis work, either be reported from a committee or be in the regular estimates. whether it should be done or not; but it is a very familiar thing Mr. DAVIS. The regular Book of Estimates. It has been so de- where an improvement is to be made which the law-making power cided. adjudges to be proper, and private rights intervene, to require are- The PRESIDING OFFICER. Following that precedent, the pres- linquishment of those rights. Not only the records of the Senate, ent occupant of the Chair would sustain the point of order made by but the decisions of the Supreme Court will abundantly support me the Senator from Georgia. in saying that that is not unusual in legislation. If there be no other Mr. ALLISON. The point of order of the Senator from Georgia objection to that amendment, if the work be meritorious, I do not was that this amendment had been agreed t.o. think the fact that a Senator offers an amendment complying with The PRESIDING OFFICER. The Chairunderstood that the point the recommendation of the engineers by cutting off any possibility of order was that it was not reported from a committee and not in of claim against the Government for damage or trespass hereafter, the Book of Estimates. should disparage or defeat it. Mr. NORWOOD. My point was that the ob,iection came too late; Mr. LOGAN. No; the point I make is that I want to know if that the Senate had already adopted the amendment. this money is for the improvement of private property. Mr. SAULSBURY. There were no yeas and nays taken, nodi vision :Mr. CONKLING. Not at all. AB I understand, improvin~ t.his called, and nothing else intervened. water-way, in the estimation of the engineers, may have the effect to Mr. WEST. It is not a material matter, hut I shall appeal from impair cert.ain vested rights of a private corporation. They say, there- the decision of the Chair. fore, that either those rights should he relinquished or the State should The PRESIDING OFFICER. The Senator from Georgia and the indemnify the General Government against any claim for damages Senator from Delaware are both under misapprehension. The Chair which, in consequence of these rights, may hereafter be preferred. had not announced the result. The Senator from Alabama offers an amendment providing as a con- Mr. WRIGHT. Allow me to say one word. I trust my friend from dition-precedent to the expenditure of this money that the Govern- Georgia will make no objection. There being a recommendation for ment shall be saved harmless, indemnified against the possibility of this special work, the matter being referred to the War Department claim in that regard. · and having sent an engineer there who made the examination and The amendment was agreed to. that engineer having made a report, I do not think the point of order Mr. DENNIS. I ask that the Senate reconsider the vote by which is well taken. I trust he will not press it as against thiR amendment. the amendment of the committee in lines 49, 50, 51, 52, and 53 of sec- Mr. NORWOOD. .My point of order was in favor of the amend- tion 2 were non-concurred in. I waa not aware at the time that it ment. concerned all the streams there named. Mr. WEST. I shall take an appeal from the decision of the Chair, The motion to reconsider was agreed to. the decision of the Chair being that estimates must be in the regular The PRESIDING OFFICER. The question recurs on the amend- Book of Estimates. The whole action of this committee ha-s been ment t.o insert as lines 49 to 53 in section 2 what will be read. upon revised estimates. Are you to come to the conclusion that when, The Chief Clerk read as follows: in November, the Departments make up their estimates and send you Slaughter Crook, near the month of Little Choptank River, Marylantl. here the regular book, it is not discretionary with them, pending the Brown's Creek and Southeast Creek, Maryland. action of Congress, to revise those estimates and throw them out f Corsica Creek, Maryland. Most assuredly an estimate is good for us whether it is in the regular Harbor atl Leonardstown, Maryland. book or whether it is the after reflection and the sober second thought The amendment was agreed to. of the head of the Department; and, following the rule as it stands, Mr. WRIGHT. I have two amendments that I wish to offer to clearly the Senator has a right to offer it. What does the rule sayt this bill. I propose on page 15, after line 331 of section 1, to insert: Or moved by direction of a standing or select committee of the Senate, or in par- For the improvement of the harbor at Fort Madison, Iowa, 810,000. suanoe of an estimate from th~ head of some of the Department8. The. question being put, it wa-s ~eclared that the ayes appeared to Is there anything there said about the regular Book of Estimates f prevail. .· . Do you intend to shut out your heads of Departments that they shall Mr. DAVIS. I ask whether the committee considered the amend- not have the opportunity to revise their estimates f ment offered by the Senator from Iowa f Then take the other proposition, that the Senator had the opportu· Mr. WRIGHT. The amendment is in accordance with an estimate nity of giving notice of this amendment. He did give notice of it; that bas been made by the Secretary of War and was referred to the he referred this amendment to the Committee on Commerce and it Committee on Commerce. I offer the amendment in pursuance of should have been transferred; but possibly in the transfer from the this recommendation. It may be an objection that it is founded on Committee on Commerce to the Committee on Appropriations it ha-s an estimate, for many have been passed not founded on estimates ; been lost si~ht of. It is not a matter of any great moment, but there but I have one founded on estimate made by the Secretary of War is the princtple laid down in your text and your law, and you are .after two examinations of the harbor by persons deputed to make the bound to adhere to it. examination. Mr. ALLISON. This amendment was considered by the Commit- Mr. DAVIS. I do not know anything about the amendment. My tee on Appropriations, and under the rule adopted by the committee attention was called off at the time, and although it comes from the we did not insert it. But t.be Senator from West Virginia says I colleague of the Senator who bas charge of the bill, yet I think the ought to take care of this bill. I have been endeavoring for two days Senator is bound to take care of his bill. to take care of this bill, and the Committee on Appropriations have Mr. WRIGHT. What objection is there to the amendment either been voted down again and again, until at last we had but seven in point of order or anything else f votes in favor of the action of the committee on this bill. Now mv 1876. CONGRESSIONAL RECORD-SENATE. 4619 colleague offers an amendment with reference to ~n appropriation for Mr. THURMAN. I wish to know if my understanding was right a harbor in my own State of $10,000. The report of the engineer of the remark made by the Senator who has this bill in charge a shows that this harbor has been obstructed by the action of the United few minutes a~o. I understood him to say that the Senate had put States itself by means of building the improvement below the city of $900,000 on thiS bill above the amount reported by the committee. Fort Madison, and thus in a degree diverting the channel of the Mis- Mr. ALLISON. About that sum. That lll, the committee struck sissippi River from the city to the opposite shore. The object of the out about $900,000 and it has all been re-inserted. amendment is to close up one of the chutes on the opposite side of the Mr. THURMAN. How much did the committee add to the House river iu order to throw this river again into the canal now being con- bill' structed by the Government of the United States and for which there Mr. ALLISON. The committee added $36,000 to the House bill; is an appropriation of $275,000 in this ·bill to complete. Therefore' if the committee changed the bill to the extent of $36,000. The there is an appropriation outside of what the Committee on Appro- committee struck out provisions in the House bill to the amount of priations have reported, I think the amendment suggested by my col- $945,000 aud added $980,000. league is a proper one. The Committee on Appropriations did not Mr. THURMAN. . So that the committee of the Senate increased report itibecause they desired in good faith to postpone for this year the House bill. absolute y every appropriation that they did not believe essential to Mr. ALLISON. Thirty-six ·thousand dollars. the existing commerce of the country; but the Senate has over and Mr. WITHERS. The action of the Senate has restored all the over again by the votes of every section of this country, from the House bill items stricken out by the committee. south to the north, the east to the west, rode this bill down so that Mr. THURMAN. The action of the Senate has added $900,000. it has now over 900,000 more appropriated for the rivers and harbors Mr. EDMUNDS. Nine hundred and fifty thousand dollars. than it had when it came from the Committee on Appropriations; The PRESIDING OFFICER. The question is on the amendment and I shall not stand here in my place and oppose a just and worthy of the Senator from Iowa, [Mr. WRIGHT.] appropriation, and especially, too, when the cause for that appropria- Mr. MERRDfON. Has that been referred. tion was made by the action of the Government. Mr. WRIGHT. It is in the same situation aa the other. Mr. .ANTHONY. I admire the virtue of those Senators who, hav- The a.mendwent was agreed to. ing oveiTode the committee and got everything they wanted for their Mr. NORWOOD. I offer an amendment to come in after line 205 own sections, now oppose- of section 1 : The PRESIDING OFFICER. Will the Senator allow the Chair a. For the improvement of the harbor of BruMwick, Georgia, tl.O,OOO. moment! There is a. misapprehension on the part of the Chair. He I hold in my hand a. letter from the Secretary of War dated May now understands that the Senator from Georgia really did not make 10, 1876, communicating to the Senate, in response to a resolution in- the point of order at all; consequentiy there is no question of order troduced by my colleague, the estimate made by the Chief of En- before the Senate. · gineers, General Humphreys, for the work for which I ask that Mr. .ANTHONY. That has spoiled my speech; I was going to speak amount. He says : to the point of order. Clearly, I think, the amendment is in order. The town of Brunswick iR situated about eight miles above the narrows formed The PRESIDING Ol!,FICER. The question is on the amendment by Saint Simon's and Jekyllslands, upon a branch of the main stream which flows of the Senator from Iowa, [Mr. WRIGHT.] around Buzzard's Island. In this branch, near its lower confluence with the main Mr. DAVIS. I desire to understand the rule. I have no doubt, in channel, and below the town, there is a shoal, upon which thore i8 only 10 foot fact I hear of several similar amendments to be offered now upon soundings at mean low water, which ought to be removed. this ruling. If a recommenda.tion from the Department is an esti- He then proceeds : mate, not an estimate coming in the regular Book of Estimates, but a If a channel be cut through the ten-foot shoal one hundred feet wide at bottom letter, printed or otherwise, from the Department makes an amend- and fifteen feet deep at mean low water, vessels drawing over twenty-()ne feet can ment in order, then of course the request of the Senator from Iowa. pass through at h~h tide and reach the deep anchorage near the city. At twenty· five cents per cubtc yard of dredging the cost will be: is in order in the Senate. But the Chair asked the Senate to rule on it For 50,000 cubic yards, at twenty-five cents per yard ...................... 112, 500 so that there would be no misunderstanding whether or not the pres- Add 20 per cent. for contingenCies .......... -- .•••• -...................... 2, 500 ent amendment is in order under the rule the Senate has heretofore generally acted on. It is estimated that they can probably accomplish that work with Mr. WRIGHT. Allow me to make one inquiry. I wish to ask the 10,000, or that amount can be expended during the present fiscal Senator from West Virginia whether he makes the point of order on year, and if not sufficient, a. small additional appropriation will ac- this amendment ! complish tho work. 'l'he town of Brunswick in the year 1874 had in Mr. DAVIS. i make it on all, because I understand there are half port three hundred and four vessels with a. tonnage of 17,800 tons, a dozen. and the value of the exports of that town during that year was The PRESIDING OFFICER. The Senator must make his point on $691,000. Vessels that draw over ten feet of water cannot reach the this. city on account of that shoal, and it is for the purpose of removing Mr. WRIGHT. This is the only one before us now. that shoal that I ask this appropriation. It is based, as I have stated, Mr. DA.VIS. Of course it must be made on some one. on the estimate of the Chief of Engineers, and that e.~timate is com- Mr. WRIGHT. The Senator makes it on this t municated by the Secretary of WaJ,' and the appropriation is recom- · Mr. DAVIS. Of course, and I ask the Chair to rule on it. mended by the head of the Department. Mr. ANTHONY. I ask the Senator from West Virginia to point out Mr. EDMUNDS. I wish to inquire whether this amendment has the rule which requires that an amendment to .t he river and harbor been submitted to the Senate and referred to the Committee on Ap- bill shall be according to the estimate of the head of a Department. propriations T If he will do 80 he will point to a rule I do not know of. All the .Mr. NORWOOD. Yes, sir. general appropriation bills require 38 a condition of an amendment Mr. WITHERS. Tho amendment was referred to and considered that it shall be from a standing or select committee of the Senate or by the committee. upon the estimate of a Department ; but this rule does not apply to The PRESIDING OFFICER. It is in order. the river and harbor bill, for it is not a general appropriation bill. Tbe amendment was agreed to. The river ancl harbor bill is not a general appropriation bill; it does Mr. WHYTE. Mr. President, we have been for the last two or not go to the Committee on Appropriations, although it has for special three days distributing the money of the people with as much gen- reasons in this case been sent there this session, but goes to the Com- erosity as if it were our own, aml I now propose an amendment to mittee on Commerce. this bill by which we shall get some money back into the public And in like manner notice of amendments to bills making appro.Priations for Treasury, and I should like to see how the sense of the majority of rivers and harbors shall be given and referred to the committee to which such bills the Senate will appear upon this proposition. It is to insert on page ah:ill be ,referred. 6, after line 123 of sect,ion 1, the following: But nothing is said about requiring an estimate from the Depart- For the im~rovement of the Potomae River 'vest of Cumberland,.inoluding the ment. Amendments have always been made to river and harbor bills p111'Chaae of s1tes for dams and loob, $150,000. without the recommendation of a Department. This amendment I proposed on the 4th of May, and it was sent to Mr. MERRIMON. I do not understand that this amendment has the Commit tee on Commerce and thence transferred to the Commit- been referred to the committee at all. tee on Appropriations with the bill. · M.r. ANTHONY. That is another question. I understood the chair- I desire to put myself right because I am afraid my friend, the man to say it bad been referred to the committee and rejected by the Senator from Vermont, may appeal again to my constitutional views committee. in regard to this bill. Mr. DAVIS. I understand it to be the case that it had been re- This amendment is for the purpose of aiding in the extension of ferred. the Chesapeake and Ohio Canal from Cumberland (its present termi- Mr. EDMUNDS. Then there is nothing in the point. nus) to Savage River by the north branch of the Potomac, so as to Mr. DAVIS. I withdraw the point of order. I am satisfied now. reach the coal-fields of George's Creek. This is really a work of The PRESIDING OFFICER. The 'question is on the amendment national importance and national concern. As I stated awhile ago of the Senator from Iowa, [Mr. WRIGHT.] the United States is a. stockholder in this company to the extent of The amendment was agreed to. two and a. half millions of dollars. Oriainally,. I think, the United Mr. WRIGHT. I have one other amendment based on the same States ~:~ubscribed to the capital stock it,ooo,ooo, Washington and estimate made by the Secretary of War to follow the amendment I Georgetown subscribed $1,500,000, making a. total of $2,500,000. have just offered: These amounts so subscribed by the cities were subsequently assumed FQJ'the improvementof the Rush Chute of tho harbor at Burlington, Iowa., $10,000. by Congresst and the United States now holds $2,500,000 in a capital 4620 CONGRESSIONAL' RECORD-SENATE. JULY 15, stock of 8,226,593.61. The Gov-ernment also holds an amount of the The Chief Clerk read the amendment, as follows: preferred bonds of this company for the benefit of the Indian tro.st For the improvement of Little Narraganset Bay, Rhode Island and Conneoli fund. cut, $10,000. This canal was one of the very first lines proposed between the Mr. MERRIMON. I want to say to the friends of this bill that if West and the seaboard. they expect to pass it they are getting it into very bad condition. The Select Committee on Transportation Routes to the Seaboard, Mr. ANTHONY. If my friend from North Carolina objects we can in their report at the first session of the Forty-third Congress, page go back and take a little out of the French Broad or some of those 234, speak highly of this water route, and thus refer to it : rivers. Here is the only local appropriation, except the pitiful sum of · Ita construction wa.s begun in the year 1828, and it :wa.s completed to Cumber- $5,000, that bas been giv-en to the State of Rhode Island; and after land, Maryland, on the eastern slope of the Alleghany range, in the year 1851, at a cost of fl1,07l,OOO. This route, in 1ta toposraphical features and in the commercial the liberality we have shown to everything in North Carolina, I do re8ults which it is expected to aubserve, IS quite similar to the James River and not think it becoming in my friend to make the objection. Kanawha route. Mr. MERRIMON. Will my friend vote for the bill with this amend- Con~ess last year appropriated for the Kanawha route the sum of ment on itt $300,000, and a similar amount is appropriated in this bill. Mr. ANTHONY. Will I vote for it because it gives an appropria- The same reasons w}lich induce tuese appropriations for the Kana- tion to my State t I cannot tell how many other amendments will wha route apply to the Chesapeake and Ohio Canal. be put on. I cannot tell whether I shall vote for the bill until it is The canal company has been quite successful of 1ate in paying off completed; · but if there is anything that would make me vote against the M~mmulated interest on the bonded debt, and is approa.ehing a the bill it would be some of the absurd amendments put on for im- period when it may be remunerativ,e to the stockholders and the United provements in the State of the Senator from North Carolina. This States among them; but it is necessary to extend the canal to the coal- amendment will strengthen my disposition to vote for the bill very fields so that some competition with the railways between Cumberland much indeed. · and the coal region may be afforded to the canal. This extension Mr. MERRIMON. My opinion has been, and that was the sugges- would save twenty-eight miles raifroad transportation. The act of tion I meant to make to the friends of this bill, that a warfare tnat Congres~ of March 3, 1815, provided for surveys for the continuation is legitimate will now be made upon it with a view to crush it, and and completion of this canal, and under that act Major Merrill has to heap up appropriations to such an amount as that nobody in' the made his report which is found in Executive Document, ~· R. No. Senate will support it. It is rapidly approaching that :point now. 131, of this seS!Jion, on page 32: He states as follows: Mr. ANTHONY. I think if anything will imperil this bill it will This North Branch canal has been treated as a local extension ro the coal-fields be the rejection of such amendments as those offered by my friend of the existing Chesapeake and Ohio Canal, and therefore its dimensions and draught from Iowa, and this that I offer now, after amendments of the kind have been made the same as those of the canal already built. It is, therefore, a advocated and insisted on by my friend from North Carolina were emaller canal than the one projected as the Will's Creek through-transportation put on the bill. ~~ ' Mr. MERRIMON. My friend does me and the river that I insisted From the mouth of Savage River ro the guard-lock at Cumberland the distance by the canal-line is thirty and one~ half miles, and of this distance nearly two miles upon yesterday great injustice. There seems to be a false idea pre- is the slack-water of tho Cumberland pool, leaving twenty-eight and one-half miles vailing that no river in the mountains is fit to be improved by the of canal proper. The fall is 335.3 fee~ and is overcome by 43locks, the average Geniral Government. If the Senator could know that river, if he lockage being 7.8 feet. The canal is assumed to be of the same size as the Cumber- could know the public want and necessity f01; the improvement that land division of the existing canal, namely, 62 feet width of water-surface, 32 feet width of floor, and 6 feet dopth of water, with looks 100 feet long and 15 feet wide. is proposed to be made there, we should bear no such complaints from The estimated cost is .. .. -................................ - .... - ....... $2, 656, 558 him. Because it is away on the mountains two thousand feet above the If we omit the upper two miles, whose estimated cost is............... 418, 314 level of the sea, a beautiful river passing through a rich country that is to be dfJVeloped, Senators suppose therefore that no money ought We have as the cost of the canal from Cumberland to George's Creek 2, 238,244 to be appropriated for it, but that we . ought to appropriate money The original surveys for this canal were made by engineers of the forever oniy to improve the seaports and large rivers down in the General Government, under the direction of the United States board fiat country. When it is proposed to ask a few dollars to improve a of internal improvements. The first division, from WashinSe it from $20 000 to 30,000, not inter- The motion to reconsider was rejecte(l. fering with the aggregate appropriation of 1t200,000. Mr. ANTHONY. I propose an amendment which is according to Mr. MERRIMON. \Vas that amendment referred to the committee! the estimate and the recommendation of the War Department, notice The PRESIDING OFFICER. It does not increase the appropria- of which waa given; and it was printed 'a nd referred to the commit- tion, anpealed for yesterday, which was stricken out by the :Mr. ALLISON. Mr. President, I trust whatever else may be done Se'Il.ate committee. Over that river passes not only 100,000 bales of with this bill that it will not be- recommitted to the Commi1;1iee on cotton per arirru.m, but one-fourth of the entire lumber that is ex- Appropriations. The Committee on Appropriations .undertook an ported from the ~hole United States. Th~ of it, sir. One-fourth ~arnest and honest work with reference to this bill. They found the of the entire export of lumber from the Umted States paases down bill appropriating $5,872,000 of money. They examined in detail this river, which was strick~n out from any appropriation whatever every item of the bill, and undertook to sift fFom it ~moh appropria- by t1ie Senate coiiliiilttee~ I say, sir, when you come to analyze each tions as were not absolutely necessary for the continuation. of great particular apptopnation as I am doing-but I will not consume the works of national improvement and for t.he preservation and protec- time of the Sep.ate longer-a. kindred state of fucts will be found tion of harbors of general usefulness in the commerce of the cqu~try. with reference to every one of them. They brought in this bill with amendments striking out $945,000, and The Senator from Michigan struck the key-note when he said that inserting, it is true, about the same sum ; but I call the attention of the members of the House were fresh from the people and they were Senators to the character of the amendments proposed by the Com- acquainted with the local wants of the people; they knew the condi- mittee on Appropriations. For the great harbor of New York, at tion of the~ rivera, the necessity for improvement ; and I apprehend which is concentrated almost the entire commerce of this country, we can make no mistake if we recede from our position and stand by there was found in this bill an appropriation of but $200,000for carry- the House bill; ·and aa that seems to be the object of the friends of ing on the improvements in the East River at Hell Gate. We in- the measure to get at the Honse bill in the shortest and most expe- creased that appropriation $150,000. For the great river the Missis- ditious manner, I want to appeal to my friend from Michigan to with- sippi, threading, as it does, some ten or fifteen States of this Union, draw his am(mdnient ana let US come to a vote upon the motion of with its tributarie3, there was but 100,000 appropri~ted for the im- my fri~nd from Ohio. If that should be voted down1 ~hen we can provement of its mouth, when the Engineer D~pa~ent of the Goy- come to the proposition made by my friend from Michigan to non- ernment said tbat was not enough. So of vanous great harbors m concur in 8J.l the amendments made by the Senate committee and ask this country. The Committee on Appropriations undertook to take a vote directly upon that question when we get into the Senate. I the advice of the Engineer Bureau of this Government in order that .hope therefore my friend will withdraw his motion. the appropriations made in this bill might be of utility. We in- Mr. FERRY. As my object is the same that is now·suggested-by creased, therefore, the appropriations at the.great harbors and upon the Senator from Georgia .and the reason why I offered my amend- the great rivers of the country. . ment to the motion of the Senator from Ohio [Mr. TlroB.MAN] was When this bill came back into the Senate every ite~p of appropria,- because the motion to recommit has precedence of my first proposition tion struck out by the Committee on Appropriations was re-inserted that we non-conqur in all the amendments and take the House bill, i~ the bill, and the Senator from Ohio who now favors a reduction of which we could do on the bill being reported to the Senate by non-con- the total appropriation to $4,000,000 voted for the increase of every currence ii1 the amendments made in Committee of the 'Whol~, I will appropriation in his own State above the recommendation of the com- withdraw, at the anggestionof the Senator from Georgia, my amend- mittee, and notably so in two instances where the engineer officer in ment to the motion of the Senator from Ohio, to instruct further the charge of the very work stated to us that the amount suggested by Committe~ on Appropriations. the committee was sufficient to carry on that improvement for the The PRESIDING OFFICER. The amendment is withdrawn, and present year. the questi'on is' on the motion of the Senator from Ohio to recommit And the Senator from Michigan-! am just beginning to under- the bill with instructions. stand this bill-the Senator from Michigan now comes in open S~nate Mr. THURMAN. Mr. ;president, I wish to say a few words in reply and appeals to-what he calls the friends of this bill to stand by the to what has been said; I do not want to take up the tirhe of the Sen- House bill because the appropriations there mad{} w~rQ made.·by the ate: I do not b~lieve that any Senator on this :ftoor can sit down and immediate representatives of the people. Does the Senator from coolly reflect upon the condition of the country and say that we ought Michigan mean to abdicate the rights of the Senate to judge of an to appropriate $4,000,000 on this bill. It is useless to say that this appropriation bill, and turn i~ over, with reference to this bill and country affords a wide neld for improvement. Certainly it does; so all other bills, to the absolute exclusive judgment of the House of wide a field that ·yotMnight a-ppropriate a thousand millions of dollars Representatives f instead of four or seven millions, and still there would be much work Mr. FRRRY. Does the Senator want a reply f to be done'to make this country what some ardent enthusiastic lover Mr. ALLISON. 0£ coUI'Se I have no objection to hearing one. • of improvement thinks it ought to be. There is no end to improve- Mr. FERRY. I do not wish to interrupt the Senator. , ·. ment. It has been said that a man can bury the national exchequer Mr. ALLISON. That is the proposition of the Senator from Michi- in the improvement of a·tract of land of one hundred and sixty acres, gan with reference to this bill; ~bat we shall take it verbatim et literati1J1, and so be can; and when you go into this work of improvement, im- as it came from' the House, without dotting an i or crossing a t; with- provement such as every local neighborhood shall demand or desire, out putting in a semicolon or a comma., and pass it through, when or such a.s every intetestod person or set of persons shall promote, the debates on this measure in the Senat-e disclose that very many of there is no end to improvement. The question with us is how much these appropriations as passed by the House are absolutely worthless, can we afford to ~ve. Unde,r the present circumstances, at a time and notably two of them in the State .of Michigan, which by his prop- when we are cuttmg down everywhere, when we are proposing to cut osition would remain in this bill. One of them is :McCargoe's Cove, down the .salaries of clerks whose salaries were fixed twenty years a pla-ce which no man in this Chamber, so far as I have understood, ago and who are living at starvation wages now or nearly so, when haa yet been able to ascertain the existence and location of-'' no fellow you are cutting down everywhere, reducing everywhere, it is proposed can find it out·" that is one of the things that cannot be discovered. that on :the other hand you shall extend your internal improvement Yet, McCargoe/s Cove is in this bill for $15,000, and tht:5 Senator from appropriations beyond what they ever amounted to before. Michigan appeals to the Senate to pass this bill as it came from the Mr. President, upon this subject I must say that the world moves House in order that McCargoe's Cove may be improved. [Lau~hter.] faster than I do. I cannot help it ; it may be my misfortune. I can I know it was the misfortune of the Committee on Appropnations recollect the time when not a. man in all the Senate of the United that we did not increase the appropria-tiol)s for the State of Michigan States or the House of Representatives would have ventured to defend to any great degree. .We did increase the appropriations in the State appropriations that are in this bill; when not a man in either branch of Michigan to the extent of fifteen or twenty thousand dollars; $8,000 IV-290 4626 CONGRESSIONAL RECORD-SENATE. JULY 15, at Saint Joseph, Michigan, because it was stated by the Senator from Mr. ALLISON. The Senator does not understand what I mean. I Michigan and others that this was a harbor of refuge, and it was nec- mean to say that there have been no additions to this bill a.s it stands, essary to have a larger appropriation than that provided by the made by the Senate, except additions amounting in' the aggregate to House. $40,000; so that there has been no riding down of this bill as it came 1\Ir. EDMUNDS. But you reduced them on the whole, so that they from the Committee on Appropriations except by agreeing to our will get more on the House bill than on your recommendation. provisions. . Mr. ALLISON. Yes, sir. So again of that great lumber harbor of :Mr. FERRY. I understood from the Senator from Vermont that Saginaw; that harbor we increased from the House appropriation the bill had been increased now over a million; that it came from the $15,000, and increased over the estimates of the Engineer Bureau House $5,800,000 and was now $7,000,000. · $15,000. Mr. EDMUNDS. I did not say anything of the kind. I said that Mr. :MERRIMON. Why so f as it waa reported from the committee it waa increased $36,000. I Mr. ALLISON. Why! We did it because it was said that if we said according to the votes of the Senator and his confreres, and I would increase that appropriation $15,000 we could get another foot resisted them as long as I could, they had carried it up to the point of water in this harbor. I named. Now the Senator wants to keep it there by sticking to the Mr. EDMUNDS. Who said so! You said the engineers did not House bill. recommend it. Mr. FERRY. What is the amountT Mr. ALLISON. The Engineer Bureau did state that an additional Mr. EDMUNDS. It is now 6,858,000, with all you have stuck on it. expenditure would give another foot of water at this harbor, but they Mr. FERRY. The Senator from Vermont states that the bill now · said furthermore that it was impossible to state how many vessels stands, as modified by the Senate in Committee ·of the WboJe that would benefit. They have there now thirteen feet of water, and $6,800,000 and over. That is not very different from the statement the proposition of the Engineer Bureau waa to create a depth of four- of my recollection of what be had put it at, 7,000,000. As it came teen feet of wat.er. We inserted that appropriation, which was anew from the House it was $5,800,000 and over. So that the Senate and the appropriation, recognizing the fact that this was a great lumber har- committee of the Senate have increased the bill something like a mill- bor and that there was a ~eat trade there. We recognized that fact ion of dollars. Now, my proposition is to fall back upon the Hou e and increased the appropnation at that particular place in order that bill as it came from the House, which would be $5,800,000. I reply they might get an additional foot of water. Now the Senator from to the Senator from Iowa [Mr. A.Luso~] that I do not differ with him Michigan appeals to this body not to stand by what they have done upon his statement of the increase made by the Senate committee to heretofore, but to take this House bill without amendment and with- be but $40,000, and have so said. The large increase of a million bas out inserting what the Engineer Bureau of this Government say is been made by the Senate. absolutely- necessary to carry on the- great .works of national impor- Let me not be misunderstood as to why I propose as I have. I am tance which are now being conducted by tha.t department with refer- willing to vote for the bill as the Senate has now shaped it; but I ence to the commerce of this country. see by indications that there are enough who are disposed to kill the Mr. HAMLIN. Will my friend tell me what amount the bill as bill with the present amendments; and, convinced of that, I have passed by the House appropriated for works in the State of Michigan T fallen back upon the House bill, rather than have no bill at all. I Mr. ALLISON. In anawer to that I will state that the Committee prefer to take the House bill rather than nothing, as the result evi- on Appropriations did not know State lines or State boundaries. The dently would be from present apparent intentions. State of Michigan has in all in the bill as it came from the Honse Now I come back to the State of Michigan. The increa-se proposed about $525,000 or $530,000; but I will not go into a question of arith- by the committee on the House appropriation for the State of Michi- metic with my friend from Michigan on that point. gan was 14,000 for Saginaw, and $0,000 for Saint Joseph. That the Mr. FERRY. I do not wish to interrupt the Senator, but on a Senate have concurre(l in. In the case of Saint Joseph, last year question of fact let me say a word. I stated that, except the · 200,000 $35,000 was appropriated. In the House bill, instead of appropriat- for Sault Ste. Marie and the $100,000 for the harbor of refuge, which ing as was done last year for harbor and river, they left out" river" the Senator himself had declared to be a national work, there was and therefore Benton Harbor was not provided for..' a work already left 225,000 in the House bill. I think I am correct. commenced by the Government. I am not disposea to take up time Mr. ALLISON. Undoubtedly. I do not go into a controversy with to go into details, but will say in explanation that there is a briuge the Senator from :Michigan as to whether Michigan has its proper that baa been built over that river that has interfered somewhat with share. I do not look upon this bill as a bill of plunder. I supposed navigation, necessitating the development of the river inside so as to it was ·a bill initiated and passed, if it ever does pass, for the pur- protect Benton Harbor. pose of extending and improving the commerce of this country, and 1\fr. EDMUNDS. Who authorized the bridge f whether Michigan gets $200,000 or the half of this appropriation did :Mr. FERRY. The State of Michigan, I suppose; but that is not the not enter into the calculation or the consideration of this committee. particular point to which I am inviting attention. AS long as that We did not figure up any State. I do not know what Michigan bas bridge remains, the entrance is obstructed more or less, to obviate in this bill· I only know it as I have gathered it from this debate. which the Government has appropriated mon~yto open a :fitter chan- But what I object to is that, according to the proposition of the Sen- nel by which Benton Harbor can be reached. That was appropriated ator from Michigan, the Senate is to abdicate its authority, surren- last year under the phrase "harbor and river." The House committee der absolutely to the House. Why is this bill of such an extra<>rdi- omitted that by accident. The Senate have restored that and given nary character T These amendments have all been put on in this bill 8,000, in order to provide for Benton Harbor which was not provided by a majority of more .t han two-thirds of the body, increasing the for by the House, and have given in all $20,000, instead of $35,000, as appropriations, and almost every Senator has voted for one or more appropriated last year. of the increases made in the bill. I do not see that we are in such an Now in regard to Saginaw. One moment's attention to the para- extraordinary contpore. The morning hour may be postponed the Committee on Appropriations had stricken out, and adding the by a maJority vote. That is within the power of the House. increases which they had suggested, we should have a larger sum .Mr. SCHLEICHER. I yield for a few moments to the gentleman total of appropriation than had ever passed through both Houses of from Michigan, [Mr. A. S. WILLIAMs.] Congress for the improvement of rivers and harbors, I heard·" O,no; 0, no," all around the Senate Chamber, and I presumed that in my RELIEF OF GENERAL CUSTER'S FAMILY. bad eyesight I had mistaken the figures. But I assert it to-day now Mr. A. S. WILLIAMS. I ask unanimous consent to introduce for as a truth, as I a.sserted it yesterday, and I challenge contradiction of present consideration two bills. Before they are read I wish to say my figures, that if this bill passes as it is now iu Committee of the a few words to indicate their character and the reasons why I ask this Whole, it will be the largest appropriation for rivers and harbors that prompt action on the part of the House. They refer to the condition ever has passed Congress since the foundation of the Government; of the family of General Custer, consisting at present of his wife and and in this time of trial to the American people, it is a shame and a his aged father and mother, whose three sons, one grandson, and one reproach to the representatives of the people. I have made up my son-in-law fell in the recent sad disaster pn the Little Big Horn. mind that I shall vote against this bill. Whether as it came from One of these bills proposes to give to Mrs. Custer, the widow of the House or as it has been doctored by the Senate, it never shall re- General Custer, $50, the sum that was given to the widow of Gen- ceive my support. eral Canby, who fell in the Modoc war, and ha.s been given to families Mr. President, anterior to the war, when the country was in great of other superior officers who fell under like circumstances of peculiar prosperity, and we were upheld in the eyes of all nations, growing sacrifice. richer and richer day by day, and more powerful as a nation, we were The other bill, Mr. Speaker, which is for the benefit of the aged satisfied to appropriate less than half a"'million dollars for those great couple who have already, I understand-indeed, I know-passed the works of public improvement which would promote the commerce age of three score and ten, provides they shall be paid $80 a month and navigation of the whole country. Many men who had serious during their lives, and the survivor $80. At most, these people can- doubts as to the constitutional power of Congress to appropriate at not long survive, and certainly a grateful country owes to parents so all, yielded their constitutional scruples, and voted frequently for situated and in dependent circumstances this small relief. appropriations that were for the improvement of navigable rivers, I hold in my hand a letter signed by the inost eminent people in such rivers as Congress under the judiciary act gave to the courts of Monroe, where this couple reside, from which I will read an ex- the United States jurisdiction over, and afterward, when the old tract: judiciary act was increased in it.s spread and growth by the act of We need not formally acquaint/on with the tragic and terrible event which 1845, we went a step further and appropriated money for those rivers robbed the State and nation of one o its bravest and noblest soldiers; his worth and and harbors of the coaa• and the great inland seas because it was in general excellence of character are well known to you1 a. brother officer; but we the interest of that commerce which was being carried on between spectable, desire now to bring to your notice the sad fact that in this fell blow his worthy, re- and aged parents are deprived of their only means of support. In 'fact, the States. But our fathers would have raised up their hands iu we have the knowledge that the financial affairs of General Custer are ]eft in such horror if they had seen us making appropriations for Accotink Creek a. condition that the family are about penniless. We feel that we have but to men- and French Broad River and New River and these various rivers tion this to yon to secure your prompt and vigorou.s action toward securing from inside of States upon which you might fi9at an ordinary batteau and the present Congress an act for a. special pension for these afflicted people during the remainder of their lives, which at the longest can be but for a few years-this nothing more. No, Mr. President, the loot appropriation, as I remem- venerable couple who have thua seen their three sons sacrificed in the service of the ber, before the war was only over $300,000, the appropriation in 1860, Government. Even their little home is so heavily incUID bered that they must lose and then in 1~1 we began again with $4,834,000; in 1872, $5,401,000; it unless material aid is extended to them. in 1873, $6,321,000; in 1874, $5,511,000; in 1875, $6,293,000, and now, They were dependent, Mr. Speaker, upon these noble, I may say in the days of economy and retrenchment, we propose to launch a bill heroic, sons, who have fallen in the service of their country. I a.sk for rivers and harbors amounting in its appropriations to 6,700,000 that the bills may be read and put on their passage. or $6,800,000. .Mr. TERRY. I desire to say only a word on the bills now sought No, Mr. President, I will not vote to curtail the salaries of the clerks to·be introduced by my friend from Michigan. in your Departments; no, I will not vote to cut down the salaries of The SPEAKER p1·o tempcn·e. As soon as the bills are reported for 4628 CONG;RESSIONAL· RECORD-HOUSE. JULY 15, the info~ation of the House the Chair will recoglli.re tlle gentleman Mr. COX. The gentleman who iB now near my seat [Mr. RusK]' from Virginia. The Clerk will read the first bill. has surmised th~t tJ¥s procee9-ing was somewhat irregular. Indeed! Mr. A. S. WILLIAMS. I ask to introduce, by unanimous consent, this whole proceeding with respect to General Cp.ster p~rtakes Of a a bill (H. R. No. 3894) granting a pension to Mrs. Elizabeth Custer, sad irregularity. His death was irregular in ma.~y sad ways. What- 1 widow of the late George A. Custer. ever we may think, Mr. Speaker, of the origin of this Indian war in The bill, whioh waa readtprovides that a ~ension at the rate of $.1)0 which he fell as a sacrifice, whatever we may think of the action of a month from: aud after ·tne passage of this act be granted to Mrs. the War Department or of the commanders over h~, or whatever Elizabeth Custer, widow of George A. Custer, late lieutenant-colonel may be our thought otherwise, it seems to me this Houee should not of the Seventh' United States Cavalry and brevet major-general, dur- hesitate a moment in giving this relief by both bills to his 'fidow ing herw!dowhood, and that the Se~retary of the Interior be directed and family and to his father and mother who were depend~nt upon to plaoe her name on ~h~ p~nsion~ro~, ~ubjeot, except a~ hereinbefore him and upon his relatives who fell with him in this terrible massa- provided, to the provlBlons and linutatwns of the pensiOn laws. cre. I therefore appeal to the gentleman from Wiscon.ein ~ot to im- The SPEAKER p1·o tempore. The C~rk will now read the second pede the progress of the passage of these bills. ,. It is better than a, biJl for the information of the House. monument to Custer. It is kinder ·a nd more becoming the American The Clerk read as follows: Congress and more in consonan'ce to-day with the fe~ling ' of the A bill granting a pension to Emanuel H. a.nd Maria. Cust&. Americ:m people. And it is a proud thing to see a gentleman like my friend from Virginia, [:Mr. TERRY,} who was~ our civil war Be it enacted, tic., That the Secretary of the Inte~or be, a.nd he ~-hereby, a"!lt~or· against Custer ~hen he gained his loftiest plaudits, urging this House ized and directed to place on the pen8lon-rolls, subJect to the prOV1810ns and llimta· t.ions of the pension la.ws, exoo_pt a.s hereinafter provided, the names of Emanuel H. to make no obstruction to the passage of these bills. I ,knew Gen.eral Custer and Maria. Custer, his wife, the father and mother of the late Lieutenant-Col- Custer for many years. He was born in Ohio. He Iiv~d near its bor- onel and Brevet Major-General George A. Custer and the late Thomas W. Custer, der. His honor is shared not only by Ohio and 1\Iichigan, bnt by the captain and brevet lieutenant-colonel, both of the Seventh United States Cavalry, whole country to-day. He was a man of rare cultivation; a literary and to pay to the said Emanuel H. Custer and Maria Custer, and to the survivor of them, a p6llllion of $80 per month frop1. ~d after; the passage of this a~t. man in many elegant ways. He was a man of rare generosity of chara.cter and liberality. He gave away all that the country gave Mr. G~FIELD~ I desire to ask the gentleman from Michigan him in the shape of money. These families were dependent upon whether ·it is so drawn that $80 is to be paid to the whole family or him; and when his brotheFs and others of his connections fell with for each member f him, this Ho11;Se can do no less than pass both bills, even though it Mr. A. S. WILLIAMS. Only one $80 to the father and mother, and may seem a little irregular to the gentleman from Wisconsin. I hope one $80 dollars to the survivor or them. the objection will be withdrawn, and that the bills may he put upon Mr. GARFIELI). I should lik,e to as~ the gentleman ~hether it their passage by unanimous consent. cannot be construed to mean $80 'to each one f Mr. STEVENSON. I wish to ask the gentleman from ~ew York if Mr. A. S. WILLIAMS. 0, no; only one $80. any provision is to be made for the pay of pensions to the families of Mr. RUSK. The question before the House is whether "Q..Dani.mous other officers and privates who fell t consent shall be granted to the bill being now considered. Mr. COX. I have not named any names in that connection. I The SPEAKER pro tempore. That is the question before the House. hope those cases will be properly considered. 1\lr. RUSK. I say this is a most extra,.ordinary bill. Mr. RUSK. I have not the least objection to the bill _for the reliof Mr. GARFIELD. I hope there will be no objection to the pasRage of the widow of General Custer by paying her a pension o:( $50 per of the first bill for the relief of the widow of General Custer. The month. That haa been the custom heretofore. But gentlemen will facts of the case are well known to the House. I think if we follow recollect that in the last Congress the Committee on Invalid Pensions precedents we may safely say-ce.rta,inly we may hope-that no such presented a bill allowing a pension of $!)0 a month io the widow o£ precedent as the death of General Custer under the circumstances is Captain Thomas, who fell in the MOdoc war,.and who was slaugh- likely to occur aaain. I believe, in the three or four great slaughters tered in the same way as General Custer. That proposition was re- i o. history from the days of Thermopy lru down, there has never before jected, and she was only allowed a pension of $30 a month. I merely been a total and absolute slaughter Qt the whole command as in the speak of this now to show that the House was not so liberal in that ca e of General Custer. I do not inquire in the question of fault in case as it proposes to be in this. I asked that that pension be granted carrying out orders. His unexampled gallantry and heroic death an- by unanimous consent in that case, but the proposition was rejected. swer all controversy. I hope the bill wijl pass without objection. In re~ard to the second bill I will say that when a pension has been The SPEAKER pro ternp(Yre. The gentleman from Ohio has not the grantea it has been the custom that e~oh person whose loss niay be floor for remarks. The gentleman from Virginia holds the floor. represented by a pension shall be represented by one representative There is no question before the House but as.ki.Qg unanimous con- only. The second bill proposes, a,s I understand it, to place on tl.Je sent. The Chair holds that in all such cases the bill asked to be in- pension-tolls at $80 per month three representatives, the wife, the troduced by unanimous consent should be read first for the informa- mother, and the father. tion of the House. If there is no objection to the bills at this time Mr. MAcDOUGALL. Eighty dollars covers the whole. they can be considered. Is there objection f Mr. RUSK. I do not so understand it. Mr. HOLMAN. The inquiry applies to both bills t Mr. MAcDOUGALL. Eighty dollars a month covers the whole The SPEAKER pro tempm·e. It does. pension granted by the second bill. Mr. HOLMAN. I hope the Chair will confine it to the first bill. The SPEAKER p1·o telnpore. The Chair would remark that the The SPEAKER pro tempore. Is there objection to t.he introduction s~co~d bill is not pr?pe~ly under discussion at this time. T~e ~ues­ of the first_ bill for the relief of the widow of General Custer ' tlbn ls on the first bill mtroduced by the gentleman from Michigan. Mr. HOLMAN. I hope tkere will be no objection. Mr. RUSK. I have no objection to the first bill, and Win give it Mr. RUSK. I wish to have the provisions of the first bill read, as my heartiest support, though I think it should have come from the I was not in and do not know exactly what they are. Committee on Invalid Pensions; and as one of the committee I would The bill was again read. have been cheerfullyTeady to report it at the earliest moment. The SPEAKER pro tempore. There being no objection, the bill is The bill (H. R. No. 3894) granting a pension to 1\Irs. Elizabeth Cru;- now before the House for consideration. ter, widow of the late George A. Custer, was ordered to be engrossed The bill WM read a first and second time. and read a third t1me ; and being engrossed, it was accordingly read Mr. TERRY. I do not think it just to allow this occasion to pass the third time, and passed. without saying a word in support of the bill which has just been re~d. Mr. A. S. WILLIAMS moved to reconsider the vote by which the It comes before the House with the informal approval of the Com- bill was passed; and also moved that the motion to reconsi~er bo laid mittee on Military Affairs, with which committee I ha.ve the honor on the table. of serving, and is unanimously indorsed by that committee, and as a The latter motion was agreed to. member of that committee I do-- The SPEAKER pro tmnpm·e. The Clerk will now report the second Mr. RUSK. I should like to ask the gentleman a question. Is bill. this report from the Committee on Military Affairs t It is irregular Mr. A. S. WILLIAMS. I wish to say a word in reply to the gentle- if it is. man from Wisconsin. Mr. TERRY. I will say to the gentleman, if he will allow me to The SPEAKER pl'O tempore. The gentleman will wait till the bill explain, that this bill was mentioned privately in the Committee on has been reported at the Clerk's desk, because it is still a question Military Affairs and haa its indorsement, although it is not the formal whether the House will consider it at this time. report of the committee. The bill w~ again read. The SPEAKER pro tempor8. That does not affect the position of The SPEAKER pr() tempore. Is there objection to the consideration the bill. It has been properly introduced. of the bill f Mr. TERRY. I was proceeding to say that the name of Custer is Mr. RUSK. I hope the gentleman from Michigan will consent that familiar to the people of this country not less by his death in the pecu- it shall go to the Committee on Invalid Pensions; we will give it an liar circumstances under which it occurred, which will eternally throw early consideration. a halo of glo.ry around his name, but on account of his brilliant career Mr. A. S. WILLIAMS. It is very late in the session, and I have in the late civil war, in which he displayed a gallantrywhichscarcely consulted some o:f'the members of the Committee on Invalid Pensions, any ea_ualed and none surpassed. I hope this side of the House. at who approved of the bill. least will be unanimous in paying this just tribute of respect to the Mr. RUSK. If the gentleman will consent tha.t it shall be referred gallant and brave man who has fallen at the head of his brave fol- to the Committee on Invalid Pensions, I am willing that that com- lowers. mittee shall ha-ve leave to report it back immediately or at any time. 1876. CONGRESSIONAL RECORD-ROUSE. 4629 ~ Mr. A. S. WILLIAMS. Allow me to stat-e a fact or two in connec- The question was then taken on Mr. SCHLEICHER'S motion to go tion with this matter. Here were three sons of the parties for whose into Committee of the Whole on the state of the Union, and it was benefit this bill is intended killed. Two of them were not married, agreed to. and of coUrse no pension results from their death. For that reason PROTECTION OF THE TEXAS FRONTIER. these pensions should go to the dependent parents. They lost also The House then resolved itself into Committee of the Whole on the a !ITandson in that massacre. state of the Union, (Mr. MONROE in the chair,) and resumed the con- The SPEAKER pro ternpo1·e. Is there objection to the consideration : sideration oi the joint resolution (H. R. No. 96) to provide for the of the bill T • protection of the Texas frontier on the Lower Rio Grande. Mr. AINSWORTH and Mr. RUSK objected. ·The CHAIRMAN. The debate upon this bill is now limited to one Mr. COX. I hope the gentleman from Wisconsin will withdraw his hour and a half, and all speeches are li~ited ~ fifteen'minutes. When objection. The Committee on Invalid Pensions will undoubtedly be the committee rose the gentleman from Mmnesota [Mr. DUNNELL] ready to report a bill at any time, and it seems ungracious to delay was entitled to the floor. the matter. , , Mr. DUNNELL. ,Mr. Chairman, I do not ex:pect to occ*py the ' Mr. MAcDOUGALL. I intend to introduce a bill to cover all these whole time assigned me, for I think I shall be able to express my ca~es. · . views on these resolutions in lesa time. I suppose it will be admitted Mr. CANNON, of illinois. Mr. Speaker, I arise to a parliamentary that the facts in this report upon which we are acting are sub~tan­ inquiry. I heartily agree with th'e bill to pension the widow of the tially true. I am not disposed to doubt any -portion of this report. late Q-eneral Custer; but I would go further. In many a humble .But if I were to admit it to be wholly true, yet I am unable to see home in the United States the widow and orphans, or perchance my way clear for voting for any other than the first of these two aged parents o'f priv~te soldiers who fell under the lead of the gal- resolutions. , lant Custer, mourn the loss of the dead one. These 1esa noted ones It is true that we have had troubles upon the Tex'a:s frontier for are apt to be overlooked. W,ould i~ be in order to offer a reso.l?-tion some time, serious difficulties, largely growing out of the ~nfoHiuna.te instructing the pro~er comnnttee, mther the Committee on Military condition of affairs in the republic of Mexico. Yet the8edisturbances Affairs or on Invalid Pensions, to report a bill at an early day to I think should not wholly be charged up against the government of place such representatives also upon the pensi.on-roll, thereby cov- Mexico. We know the history of that republic, its various stl'll~­ ering the whole case T gles and -the difficulties with which it has had to contend,.®d es- The SPEAKER p?'O tempore. That can be done at this time by peciaJly the difficUlties with which i~ ~ ha~ to conten~ suice'the unanimous consent. present liberal party of that repubhc came mto power. Fc?r one I Mr. GARFIELD. I ask unalli.nlous consent that this bill be re- think the Government of the United States should procee"d very 'cau- ferred, together with all the facts relating to the persons killed, to tionsly and kindly in its legislation whenever the republic of Mexieo the Committee on Invalid Pension.s, with leave to report at any time. is in question. Mr. LUTTRELL. And what iri the mean time is to become of these We have rights, to be sure, that ought to be protec~d, and t~e old people who have been deprived of their means of living T citizens along the Texas frontier shoul~ not ~ forg~~J!. m Ot:J.r l~Zis­ No objection was made, and the bill (H. R. No. 3895) was read a lation; they ought to have the protection which ~-?Js firs~ resolutiOn first and aecond time 1.and, with all the facts relating to the case, re- proposes to give them. But when we propose to gtve all tJie needed ferred to the Committee on Invalid Pensions. protection, we ought to b~ very careful that we .~o not VIolate ~ny CORRECTION. treaty stipulations that e:nst between that republic and our own. Mr. TERRY. I rise to make a correction. I observe on the vote These troubles are to be admitted and are to be regretted. • I am taken 'yesterday on the amendment of the minority of the Committee unable to discover any good reasof:l whyt if 'Ye adopt thi!l ~st ~~ of Elections in the case of Abbott vs. Frost I am on the record as not lution, we should go beyond that m legLSla;tmg upon this question. having voted. That is an error; I responded to my name and voted By the -first resolution we .propose that there shall. be a fo~ce o:f two "no." regi~ents of Mvalry detailed to protect th~t fr.ontier. It lB the pro- The SPEAKER pro tempore. The correction will be.made. tection of the frontier alone that we have m VIew. The gentlemen Mr. SCHLEICHER obtained the floor. representing that region of country ought not to ask itself into Committee of the Whole on the state of the Union, It is said, however, that by the law of nations it would 'be an act with the undeTh-tanding that the time of the gentleman from Texas of war. The gentleman from Illinois, [Mr. HURLBUT, 1 & member of [Mr. REAGAN] be extended :fifteen minates, and that :fifteen addi- the committee who has examined all the testimony and looked well tional milmtes shall be allowed for the time of general debate. into the law of nations, read you a paragraph from Halleck's Law!:! The question was taken on Mr. ScHLEICHER'S motion, and it was of War, which I beg leave to tresspass upon the time of the House to agreed to. • read again : The Hom~e accordingly resolved itself into Committee of the Whole But it may be asked shall the state, which is suffering from the piratical incur- on the state of the Union, (Mr. MON.ROE in the chair,) and resnmed sions orgamzed in and emanating from a neighboring state, do nothing in sel£-de- the consideration of the joint resolution (H. R. No. 96) to provide for fense and for self-preserva.tion i Must she wait until the invading force crosses the protection of the Texas frontier on the Lower Rio Grande. b.er own borders before she can attack :md destroy it W Not at all. It' the neigll- boring state, from the want either of the will or of the ability, neglects to prevent Mr. REAGAN. Mr. Chairman, when I was interrupted in the course such excn;sions, or to suppress such organizations~ the threatened state may cross of my remarks I was about to call the attention of the .committee to the frontier and attack and destroy the threatenea danger. But the act is one of the second section of the resolution presented, and I invoke the at- hostility, and she performs it in the exercise of her belligerent rights, not in the ten'ti.on of the House. to the parti"ul"r v "' woif'din!! of that section, and exercise of a.pacificrigbtof self-defense. Itisnotnecessarythatsuohactshould be ~ preceded by a. declaration of war, nor, indeed, that it should be followed by a pu blio the attention of all those who have read the testimony to the fact and solemn war in form; nevertheless it is a. belligertmt act, justifiable, perhaps, that the wording of th.a t section conforms to the spirit of the testi- by the circumstances of the case and the culpable neglect of the other party, and, mony upon which it is predicated, and from which it will be seen that as snob, belongs tQ that class of hostile operations known in internat1onaf juris- prudence as imperfect war, and which will be more particularly discnl!lsed m an- the committee did not mean to do what would necessari1Y be an act other chapter. (Wheaton's Elements of International Law, part 2, chapter 1, § 1:-1; of war or lead to war, but meant simply to meet the case presented Grotius de Jure Belli et Pacis, tiber 1, cap. 3, § 1; Bnrlama.qni's Droit Naturell, to them by the testimony. · &c., tome 5, part 4, chapter 3; Vattel, Droit des Gens, liv. 2, chapter 6, § 72.) The second section of the resolution reads: I have here before me Wheaton and Vattel, and I have reference to That in view of the inability of the national government of Mexico to prevent their authorities, but it is sufficient to say that the law here laid the inroads of lawless parties from Mexican soil into •.rexas, the PreSident is down is sustained by all the law-writers on this subject: If Mel..i.co hereby authorized, whenever in his judgment it shall be necessary for the protec- cannot restrain the robbers and marauders that or . e h tion: of the rights of American citizens on the Texas frontier above described, to gamz upon er order the troops, when in close pursuit of the rob]?ers with their booty, to cross borders and make their forays upon our people, she has not only no the Rio Grande, and use such means as they may find necessary for recovering right to complain if we control and check them, but she ought to be the stolen property and checking the raids, guardin~ powever, in all cases against obliged to us for doing so for the preservation of the la.w and for the any unnecessary injm'y to peaceable inhabitants of .JUex.ico. enforcement of the right. What I call attention to is the language, which shows that the fed- While I feel sure that no government in Mexico could freely con- eraJ. re-public of Mexico is unable to restrain these raids, that the pur- sent to an invasion of their territory under any circumstances or for pose of the pursuit and the state of facts when -pursuit will be made any purpo~e, I do not doubt the Mexican authorities, impressed as I are shown by the resolution to be wben the troops are in close pursuit am with the belief that that government means to be just, desire.~ of the robbers with their booty. This language shows what the pur- good neighborhood and peaceable commercial relations witli us, and pose was. What are the facts upon which this resolution was re- would be obliged to us if in the case contemplated by the resolution porte(l T I have to make the statement very briefly, trusting to the we broke up this nest of pirates, robbers, and marauders. knowledge of the members of the House of the facts stated in the Mr. JONES, of Kentucky. I would ask the gentleman if the 1\fex- report of the committee. They are that for ten years past the state ican government ever intimated that they were unable to prevent of Tamaulipas has been nearly all the time actip.g in open deO.ance of these lawless incursions 7 the a~thority of the Mexican Republic. I call attention to the corre- Mr. REAGAN. It has not, so far as I know, formally so said. But spondence between our minister and the secretary of state of Mexico, the Secretary of State of the United States, and 1\fr. Foster, onr min- and especially to the letters of our own Secretary of State, embodied ister to the Mexican government, have warned that government that in this evidence, which show that the Mexican government either aa they could not or would not do this, if they failed to do so it would cannot or will not restrain these marauders. The truth is, and the render it necessary that our forces should cross the border. evidence shows it conclusively, that these Mexicans along the border [Here the hammer fell.] are acting in defiance of the policy and of the wishes of the Mexican The CHAIRMAN. The time of the gentleman has expired. government, violating international comity and international law, Mr. COCHRANE. I move that the gentleman's time be extended. and sacrificing the lives of our people and taking from them their The CHAIRMAN. The Committee of the Whole cannot extend the property. They come across the Rio Grande and commit depreda- time. tiona upon our soil; they burn post-offices and kill postmasters; they Mr. CONGER. When this discussion :first began in Committee of rob custom-houses; they rob farm-houses and burn them and kill the the Whole a~d after the openin~ remarks made by the gentleman owners; they·carry away hundreds of thousands of cattle and horses, from Texas who has charge of this matter, [Mr. SCHLEICHER, 1I took and when they have crossed the Ri,o Grande, closely pursued by the occasion to make some remarks upon this joint resolution, in which citizens or the military, they mock at .our condition. Knowing that I gave my approval to the first section and admitted the necessity and our Government is disposed to respect the rights of 1\fexioo, they avail urged the propriety of providing in some manner for the defense of themselves of that honor perhapi and action to bid open defiance our Texan frontier. I took occasion also to call the attention of the between the governments of Mexico and the United States. · . Committee of the Whole to the fact that the second section of the Now, then, it has been said here, and the illustration has been joint resolution, in my judgment~ authorizes acts which by any civil- made by several gentlemen. that if we were to authorize our troops ized nation, if done without its consent, would be a declaration of to go into Cal).ada. to make reprisals and to arrest wrong-doers it war. I supported that proposition then by stating that our Govern· would be an act of war against Great Britain, and we are asked would ment had submitted a proposition to Mexico for permission to plll'Sue she not declare war. Tile same proposition has been put in the re- marauders across the border and that the Mexican government had verse form. If the British government should send its forces across ~fused that permission. our border, would not we doom it an act of w_arT b CertaitV.y1 ~~wth· ~~~lso_s~ated-and I desire to call the attention of the gentleman 1816. Oy our Governmenti as if it pleased me th_a t ten regimenta or twenty-regiments were neede(U;o protect that front- a foreign nation made a defense against charges which we believe ier I would vote to give them at any time now or h~reafter. cannQt be .d~spu~d. His wor4B were "The gentleman from Michigan But when a measure of this character had been the subject of dip- says h~ read the. rcpo'r t with yery great .pleasure." Now there was lomatic correspondence between the two governments, and 'wheh the nothing in the tenor of my remarks that indicated anything of that solemn 1·equest of this Government had been refused by Mexico, I kind. And ·t he ,gentleman ·did not ar.rengthen his position in this cannot give my consent that Congress, in the face of all these facts, House nor before the people by resorting to any such means either should incorporate into a joint resolution authority for our troops to of prejudice or persua.s\on. But th.a t is immaterial t? the question pass where the Mexican government baa said they could not pass now before the House. · without exciting the indignation of their people and endangering the I took an early opportunity to call the attention of the.friends of supremacy of their government. · · this joint resolution to the serious objection, in my mind, and, as it Mr. REAGAN. I would like to ask the gentleman further- has since appeared, in the minds oi ~any other members of this House, Mr. CONGER. As the . gentleman has .ha;d his ha1f hour, I prefer to the second section of this joint resolution. I cannot let this oppor- to say what I have to say without interruption. tunity pass without reading to this Committee of the Whole _and to Now, when any gentleman on this floor urges the proposition that the gentleman from Texas who has spoken to-day [Mr. REAGANl a this is virtually an act of war, that if the government of ·Mexico bas part of the report of our minister to Mexico in regard to his negotia- any pride, any patriotism, any valor, it must receive the act as such tions on this very subject, and of the proposition which he made, and must follow it up by actual war, gentlemen on the other side do under the direction of the President of the United States, through not answer that proposition. The gentleman from Texas has read, an our Secretary- of State to the Mexican, Government. He says in his authority exactly on my side from Halleck, in which it is said that communicatiOn tha.t in a formal conversation which he had with the such an act without the consent of the other government is a belliger- Mexican minister of foreign affair& he- submitted this proposition. I ent act. I thank him for the authority. will use his own worda: Mr. REAGAN. Will the gentleman allow me right here to read a The remedy which I would propose is pennission for the regular troo-pe of the paragraph from Vattel 1 United States to follow the raiders ooross the border when in close pursuit. Mr. CONGER. I have read Vattel, I have read Grptim, I have read The very l~gua.ge of this joint resolution: Halleck; and I do not think anybody needs to spend days and weeks Or, what would be stlll more efficaeious. permission to tempornrily ooeupy cer- in reading international law to know that the violation of the terri- tain points on the Mexican side where: the raiders are accustomed to cross tOO tory of another country by armed troops without the consent of that river. I was of the opinion that then the troubles would soon cease. But Mr. La.. country is a belli~erent act, and has always been treated as such. It fragua. said the executive has no authority to gTant such permission without the is one of the common modes of commencing war. consent of the Mexican congress, and it woultl not be prudent to ask for this con· sent; the sentiment of the country would not approve it; and he referred to the Now, how do §entlemen meet that proposition f They repeat over indignation occasioned by the passage into Mexic~ territory of Gene~alllookenzie. and over again, 'Robbery! Murder! Cattle-stealing! Mule-driving!" I understood the ~entleman from Texas [Mr. REAGAN] to 'say that Does that meet the proposition Y I had expected that my friend from already two expeditions have crossed the Mexican border in pursuit Texas, who is the statesman of his delegation, would meet the prop- of these raiders. Did I understand him correctly to say " by author- osition as a statesman, and not go on repeating over and over aml ity of the United States Y" over agnin the accounts of cattle-stealing. Cattle-stealing is a bad Mr. REAGAN. I did not say "by authority." For one of the-ex- thing; robberies and murders are bad; but plunging two nations peditions to which I referred there is no publicly proolaimed author- into war is infinitely worse. Especially for a proud, strong, war-like ity, and I do not care to raise that question. nation such as the United States of America has proved itself to be, Mr. CONGER. I understood the gentleman to say in regard to Gen- to commence belligerent acts upon a sister-republic when that repub- eral Mackenzie that he crossed by authority. lic is approaching more the form of permanent, consistent, civilizecl Mr. REAGAN. "I disremember the language I used. government than it ever has before; to take just the time when that Mr. CONGER. Does the gentleman now claim that General Macken· government is doing the best it ever has been able to do to maintain zie did cross by any authority of the United States t · the rights of its citizens and prevent the encroachment of its people Mr. REA.GAN. I do not know that he had any precedent instruc- upon the rights of others; to take just this moment to declare war is tions. . unworthythepeopleof the United States and unworthy of the Con- Mr. CONGER. In this very communication, from which I am read- gress in which such a proposition may originate. · ing, the Mexican minister referred to the indignation caused by the Now I do not desire to be misunderstood or misrepresented again. passage into Mexican territory of General Mackenzie. Our minister I am in favor of pursuing by all legal and legitimate means aU says: measures which shall give protection on the Texas frontier of prop- I replied that General Mackenzie crossed without authority from either govern· erty, of home, of life, of everything for which the citizen can appeal ment; but, if permission was given, the necessity for it would be known to the to this Government for protection. And I am in favor of doing it at public, a.nd there would be no violation of national sovereignty, :md good citizens whatever cost; for the nation that cannot protect its citizens against ought to be satisfied. the incursions of any body on God's footstool ought to be dethroned The whole thing is in that simple proposition. If the authorities from power. · of a neighborin~ State permit the crossing of troops into its borders [Here the hammer foll.l of course there IS no occa.sion for war, of course the act is not a bel- Mr. HANKS. I asked the Chair to put my name on the list of mem- ligerent one, and of course it would lead to no complications. But bers who were to speak on this question, but it was in deference to here our Government, through our Secretary of State, made a. dis- the request of the chairman of the committee rather than because of tinct proposition to the Mexican government to permit our forces to my own judgment that I gave my consent. cross the borders and to pursue raiders ; and we are told first that I do not think it is impossible for Con~ress -to pass a resolution of the president of Mexico has no authority to permit that without the this kind without a violation of internatiOnal law. On the conti·ary consent of the Mexican congress, and, second, that the public feeling I believe that under circumstances such as may exist, or such aa might of Mexico is so strong against it that even if it were asked by the exist, the Government of the United States might give an order to president of the Mexican Republic it would injure his position as the this effect without any serious offense to the government of Mexico. chief officer of that State. But it depends wholly upon the manner in which it is done and the The indignation of the Mexicans at one crossing by General Macken- circumstances which require it. zie was so great that the Mexican government at once applied to the Now, sir, in this case our difficulty here in this House or in Con- United Sta.tes Government to ascertain ii it bad authorized that cross- gress is that we have no meana of communicating or entering int.o ing of troops into their territory, that invasion oi their territorial negotiations with the government of Mexico on this subject. Anc} rights; and then this Government, knowing perhaps as much in re- we cannot remove any difficulties which she might have in a procesi gard to the rules of war, aa much in regard to what constitutes bel- of this kind, or express to her any views of our own in regard to th6 ligerent acts, as some members on this floor, hastened to disavow any circumstances in which we are placed. We have no power of com· authority of the United States for the act, hastened to allay .too in- munication with the Mexican government. The e~ecutive govern- ··' CONGRESSIONAL RECORD-RO®E. JULY ~]5, J ... ~ ment has that power. They are enabled to communicate at any til:ne, of $2,000,000 or $3,000,000 of property belonging to our people which in any manner and to ~any extent, on thi~:~ and other subjects. Now has been stolen and carried upon the other side of the Rio Grande. my trouble in this reg:trd is that the executive government of the ~or this our citizens have bad no compensation. In fact, this border United States has never suggested in any form whatever that is a Itself has been depopulated, wasted, deserted. It remains a desola- matter of record for ns either the necessity for a power like that em- tion. braced in the second section or a declaration of the manner in which Now the Rio Grande is a fordable river with numerous curves in it. it is to be used if that power is given. And if this be the ca~e, then Beyond it are the Sierra Madre Mountains. They are some one hun- the House will stand in the position of having forced upon the ex- dred and fifty miles beyond. They afford refnge for these Mexican ecutive government a power, an extraordinary power for which the marauders and their prey. Government has never asked, without any declaration as to the man- It is a pity that in fixin.O' the boundary we did not make those ner in which that power is to be used, and without any intimation mountains instead of a shallow river the western limit of Texas. It on the part o.f the executive officers of the Government as to the con- would have saved ns much trouble, anxiety, and losses and money. sequence of giving that power. I rose h~re especially to ask the But the question is raised, does the Executive Department desire honorable chairman of the committee if he has any such communi- to have some such authority from Congress as this bill would devolve cation from the executive department of the Government as will re- upon it f This second section should meet approval because we may, lieve us in these two respects, either as to the necessity of the power I think, at this time, when the incumbent is not a candidate, trust the embraced in the second section or a.s to the manner in which that Executive in its execution. From "necessity" this second section power is to be used and the consequences that may flow from it. On can be justified as well a~ the first. President Grant in his message that, sir, my vote will depend. efers to this subject and asks for some such power. Mr. SCHLEICHER. I feel at liberty to state to the committee thal Mr. STEVERSON. The discretion, if I understand the resolution I had several interviews with the Secretary of State, Mr. Fish; but correctly, is not vested exclusively in the President of the United that I have no official communication from him at all. Before the States, but in the troops who are sent across the border, and they are committee acted upon this matter I submitted the resolution to him, to be allowed to exercise such means as they may deem proper for the and asked him for his opinion. He only gave it privately. He ex- suppression of these outrages. pressed himself that for years he had thought that finally there would Mr. COX. I do not so read the second section. It is as follows: be nothing left but the adoption of the measure proposed; that all That, in view of the inability of the national government of Mexico to prevent other means would be tried by him, but that he expected it would theinr?ads of lawless.par!i~ from Me~o.'ln soil mto Texas, the President is hereby come to that. I even consulted with him as to the 'Special wording authonzed, whenever, ·m hta Judgment, t.t shall be 'MC&sary for the protection of the of the resolution, and he suggested some changes in the wording, rights of American citizens on the Texas f'rontier, above described, to order the troops which were made. Before the action of the House was a~ked on the to cro.ss the Rio Grande, and use sue~ means ~s they ID!I-Y find necessary for re· the stolen property and cbeckmg the rruds, gnardm~:...however in all casJs resolution, I addressed a note to Mr. Fish, saying I would not make covermg against any unnecessary injury to peaceable inhabitants of .Mexico. ' ' any statement before the House as to the conversations with him, or as to his opinion, that would have any coloring of an official expres- This seems to be perspicuous enough. It is the President who sion on his part, without knowing exactly how far I should go ; and bears the responsibility of judgment and of ordering. I desired him to state to me in writing how far I should go in that Mr. STEVENSON. How can that be made available f respect. I have not received an answer to that communication. And Mr. COX. I presume that while our troops art) pursuin~ the robbers I consider his failure to answer meant simply this, that he declined the remedy may be had. under this section; at least the President to give an official opinion about it, and that his desire was to leave would have the right and power in the first instance to issue his order . the matter entirely to the responsibility of the House alone. Until he issues them the troops cannot of course act, and no evil re- Mr. BANKS. Those are what I understood to be the facts of the sult;s will happen. case a~ regards the communication between the executive depart- Now, sir, I am not very parti~ular on points of international law ment of ·t he Government and the committee having this subject connected with these outrages. When it comes down to the point of in charge; and they do not seem to me to be sufficient to justify us open and flagrant robbing, we ought to take vigorous and decided in taking the step which we would take if we passed the second res- action. The Mexican government is confessedly pbwerless. It knows olution. .According to my judgment it is our duty to consult with well that our troops will cross, a.s they have cro sed the border, without the executive department of the Government before taking a step orders. We cannot afford any special refinements of diplomacy in of this kind, and to have an expres. ,0 ~11J~ •roC ~ ..... ~+'>~....._ ....-.3 ,0 .o ""' 1:1 11J=I-:l $ Q bll ~~c::) o~»M ·~"d Q;s go1;,1 -~~ ~:e ceSs=~ ~~~4) i3:8.§ §+'>""' .... -o ,... Q 13 A~~ ~~~ P~2 .g 2 j:l,2, 485 00 1, 374, 985 00 912,747 50 439,737 bO 462,237 50 Fortification b' , passe the Honse February 15 .••••• . ••••.•....•••••••••.••••••••••. 3, 406, 000 00 850,000 00 315,000 00 3, 091, 000 00 535,000 00 Legislative, executive, anme, never to despair of our country. the coming fiscal year. Actual evils can be mitigated. Bad tendencies can be turned aside. The burdens The objects in respect to which a reduction of taxes was effected were: of government can be diminished. Productive industry will be renewed, and fru· ----------------------~--------~------~-------- gality will repair the waste of our resourcea. Then shall the golden days of the Uepublio once more return and the people become prosperous and happy. 1874. 1875. Reduction. The ta~es levied by the :Yegislature of 1874 were 7! mills on a valuation of $2,169,307,873. '!'heir produce, when all realized, is Extraordinary canal repairs. . . . . . . . . $ t, 89~, 144 39 None. $1, 898, 144 39 $15,727,482.08. Asylums and reformatory ........ _.. 813, 490 45 $479, sou 00 333,690 45 General purposes .. _...... _.. _....... 4, 189, 475 84 3, 696, 117 66 403,358 18 The taxes levied by the Legislature of 1875 were 6 mills. They were computed in the oompt,roller's office and in th{llegislative com- 2, 725, 193 04 mittees on the valuation of the previous year. On that basis their produce WOUld have been $13,015,847.24. REDUCTION OF STATE TAXES FOR 1876 TO O:NE·HALF THE TAXES OF 1874. The reduction would have been $'2,711,634.84. But the valuation The taxes for State purpo~es in 1874 wore 71 mills on a valuation of was. increased t-o ~,~7,780,102. The produce of a 6-mills tax on 2,169,307;873, producing ............................... ___ , ...... 15,727,482 os t,h()jt amount is 14,206,680.61. The increase of the valuation gives an The taxes :ror State purposes in 1876, if reduced to 3.625 mills on the · excess over the estimated amount of $1,190,833.37. The reduction valuation of 1874, or 3.321 mills on the valuation of 1875, which is actually effected is $1,520,801.47. $2, 367•780•102• would yield .... _...... -.... ·-- ....... ·--·· .. ·-...... 7, 863,741 04 A reduction of taxes, without reduction in appropriations, would From these :figures from Governor Tilden's message my colleagues bot create a deficiency and a floating debt. These would have to be' may learn what benefit our governor has bestowed on our State; and ~~d by a subsequent increase of t~xes. The appropriation bills were · he as well as others may infer how much benefit an economist. may framed to correspond with the lower valuation, and mnch effort wa.~ render to the whole nation when he may select a cabinet of honest ofii- made to keep down the appropriations. The result is shown in the cials and demand accountability in Federal as he has in State matters. following ~able: · Mr. TUCKER. I am aware of the delicacy of the question which is now before the committee. It involves drawing the border line be- Appropriations ana taxes of 1875 oompareil. tween the right of self-preservation on the part of this country upon the one hand and on the other the duty which the country owes to another country with which it is at peace. Upon this question I will take the liberty of quoting Phillimore, who, in his great work upon international law, says: The right of self-preservation is the first law of nations as it is of individuals. A society which is not in a condition to repel ag~ession from without is wanting in its :principal duty to the members of which it 1s composed and to the chief end of its mstitution. (1 Phillimore on International Law, page 2'>..5.) Again he sayff: Schools. _____ .......... 1!$2, 712,000 00$'2, 711,634 84$2,959,725 13 $248,090 29 County debt..--.. . .. .. 2 4, 260, 000 ~4, 338, 615 75 4, 735, 560 20 396, 944 45 We have hitherto considered what measures a nation is entitled to take for the Capitol. . .. . .. . . .. .. . .. ! 1, ooo, ooo oo 1, oe4, 653 94 1, 183, 890 05 99, 236 11 preservation of her safety within her own dominions. It may happen that the Canal floating debt . . . . 1 266, 000 00 271, 163- 48 2!15, 972 51 24, 809 03 same right may warrant her in extending precautionary measures without these Canal awards._.... . . . . 1-5 42-2, 766 90 4:.13, 861 57 473, G56 02 39, 694 45 limits, and even in transgressing the boril com- plained of remains unredressed. In this state of things the invaded state is war- After one year of democratic rule in the Empire State the State ranted by international law in crossing the frontier, and in taking the necessary meaus for her safety, whether these· be the capture or dispersion of the rebels or taxe wero reduced, as compared with the last year of republican the destruction of their stronghold, as. the exigencies of -the case may fairly require. rule, to the extent of two and three-quarters millions of dollars. Phillimore then cites Vattel as follows: The following table gives in detail the amount saved to each county Vattel maintains strongly this opinion: "ll est certain que si mon voisin donnait on a comparison of the tax for 1A75, under democratic rule, with the retfaite ames ennemis lorsqu'ils anraient du pire et so trouveraient trop faibles ta.x of 1874, under.republican rule: pour m'echapper, leur laiasant le temps de se- refaire et d'~ier !'occasion de tenter Oounties, Oounties. una- nouvelle irrnpti3.8 de lew: refllSer paa- Fulton .•••••. - .... ,_........ 2, 408 88 sa9e et sftrete, il doit les faire passer outre le plus tot poss1ble, et ne point souffrir nroome .•.•••.• -..... -,..... 4, 696 61 Genesee .. __ , ......... _.. ,_, 9, 5•9 58 qu ils se tiennent aux: agnets pour m'attaquer de nouveau; autrement il me met Cattaraugus ...... ,_........ 6, 027 17 Greene .• ___ .... -............ 4,144 50 en droit de las aller chercher dans ses terres. C'est ce qui arrive aux: nations qui Cayuga .. ~- .......... -...... 13, 530 52 Hamilton .. ,_, ___ , .. __ ,___ 397 47 Chautauqua. .............. -.- 12, 071 38 Herkimer................... 7,034 90 etablit ne sont pas en etat de faire respecter leur territoire: le theatre de la guerre s'y Chemung--···---- ..... -.... 6 224 45 bient6t; on y maroho, on y campe, on s'y bat, comme dans un pays ouvert Jefl'61"8on ... -............. - .. 10,35181 a. tous venants." (Phillimore on International Law, pages 22D-228.) Chenango .••• ~.............. 7,843 99 Kin~s ........... - ... -....... 128,739 88 Clinton --··· .. ·-- .. , __ ...... 4, 541 27 LeWIS ........ _...... -.. -·-·· 3,016 45- After citing some illustrative cases, Phillimore goes on to say: Columbia. ___ ............ __ . 15,526 74 Livingston.-................ 9, 925 77 In all cases where the territory of one nation is invaded from the country of an- Cortland .. -......... .. .. .. .. 4, 568 99 Madison ....... _......... _.. 5, 152 09 other: whether the invading force be composed of the refugees of the country in- Delaware ... __ , ........ ·--·. 6, 321 64 Monroe ... - ........... - ..... 24,881 99 vaded or of snbjecm of the other country or of both, the government of the invaded Dutchess ..... -·-·-"........ 19,075 66 Mont)?;omery................ 6, 358 71 country has a right to be satisfied that the country frOm which the invasion has Erie ___ , ......... -..... - .... 35,538 58 New York .......... _.. _,., 779,198 52 come has neither by sufi'eranco nor reception (patientia aut receptu) knowingly Essex··-··· .... _.•..... ,_ .. _ 4, 278 34 Niagara .. ...... _•.. -........ 9, 499 87 aided or- abetted. it, She mustpurgeherselfofboth these charges; otherwise if the Oneida ....... ____ ........... 10,246 06 Schoharie. __ :_ .......... _... 3, 512 86 cause be the feeblene;;s of her government the invaded country is warranted in Onondaga ...... - ..... -.. .. .. 21, 728 00 Seneca ... _............... _.. 6,896 07 redressing h~r own wron~ by enterin~ the territory and destroying the preparations Ontario ... -... ·-·- .. -- .. --.. 12,611 69 Steuben ............. __ ,,_ __ 9,663 98 of war therem made agamst her, or if these have boon encouraged by the g;overn- 8~~~·::::::::::::::::::::: 1 ~;~~i ~~ S~van Suffolk .. -........ -.......... 8, 235 01 ment, then the invaded country ha.s a strict right to make wai: upon that country .. _._ .. ___ .......... 1,439 55 herself, b~ause she has afforded not merely an asylum but the means of h'ostility Oswl'go .. ·-·-··--· ... -...... 9,9U 69 Tioga ..... -................. 2153 42 to the foes of a nation with whom she was at peace. For it never can be maintainoo ~:fa~:::::::::::::::::::·:: g;~~ ~ Tompkins ... -........ -...... s: 505 45 that howev.ep much a state may suffer from piratical incursions which the feeble- mater···-·-··---........... 6,903 15 ness of the executive government of the country whence the-y issue renders it inca- ~:n:~;:::::::::::::::::: ~~:~ ~g Wa.shington .. ·-·- ...... ---· 8, 911 16 .lrn,owledge the tact the injiU'ed state ha.s no right t.o give itself that security which Wan!?n ............ ·-....... 1, 895 66 paple of preventing or punishing, that untiL such government shall voluntarily ac- Richmond.- .. • ... - ... -...... 4,067 38 Wayne .................. -.. 91 872 03 its neighbor's government admits that it ought to enjoy, but which that go'vernment Rockland--·······~- •. -..... 4, 710.60 Westchester ........ - .. _.. _. 113, 492 50 is unable to guarantee. · Saint Lawrence . __ .......... 9, 480 75 Wyoming .. --···········-··. 5, 944 11 It must be admitted that there is a practical acknowledgm,ent of such inability Saratoga. .. ,_,_ ......... _____ 6, 413 37 Yates .•••••. ·-······--·-·-.. 5,460 11 whic~ as much as a. voluntary confession, jllSti.fi.es the offended country in a course Schenectady : •... _.. . • . • • .. • 3, 847 89 of a<:tion which would under other circumstances be unlawful. Ha~ the State a-ssessors not. raised the valuation since the I:~te of • * * * * * It Now, it is• prasunied that a sovereign lmows what his su.pjects openly and fre- taxation was fixed by the Lt\gislature and governor the saving would quently commit, and a.s tQ his P.ower of hindering_ the evil, this likewise,is always have been much more. presumed, unless the want of 1t be clearly proven. So Vattel: "Si un sonverain, The governor. pro.r;nised, if the pe_?ple should send him a Legislature qui pourrait retenir 'sea sujets dans lea regles de la justice et de la yaix, souffre q u'ils maltraitent nne nation, ou dans son corps on dans ses membres, i ne fait pas to co-operate With him, to make tWice as large a reduction in the taxes. moins de tort a. toute ill nation que s'ill.a. maltraitait lui-mllme." (1 Phillimore's next year. This Legislature diu not come; but he did well without l.uternationaJ: Law, pages 230-232.) 4638 CONGRESSIONAL RECORD-HOUSE. JULY 15, Now, Phillimore and Vattel are speaking of a case where a nation what," what then am I to do f .Am I to let it alone in the possession permits enemies from another nation to find refuge within its borders. of that neighbor f Am I a trespasser when I go on the land of my But the caoe now before the committee is one in which the Mexican neighbor to recover my property f If I go peaceably to the premises nation harbors in its own realm its own citizens who are the enemies of my neighbor and reclaim my property, I say that is a peaceable act ; of our peace upon our borders; and the question is whether interna- it is not wru;. I thereby declare no war or .enmity against my neigh- tional law prevents us from vindicating the right of our territorial bor when I do that peaceably; I merely remedy the grievance done inviolability against marauders who are protected under the govern- to me, which he declares be is unable to redress. ment of Mexico, for Mexico says, "We are powerless to keep them Now, 1\fr. Chairman, the treaty relations between .Mexico and this from going over." That is the question. country are such that I suggest an amendment to the second section, Why, sir, suppose that, while I am walking along the streets, a which I think will obviate all the objections made to the passage of ferocious dog attacks me and by one of my limbs pulls me within the this joint resolution. The treaty of 1848 and later treaties between border of the land of my neighbor, who owns the dog, have I no Mexico and this country require the extradition of thieves and ma- right to follow him up and make him desist from his seizure of my rauders esoaping into Mexican territory. Now suppose Mexico says, property or of my person, or to secm·e myself against a further at- "I cannot deliver them," will this House hold we have not the right tack f Or, if it is necessary for me to go inside the premises of my to cross the border and seize them f But we do not propose to do neighbor to prevent his renewal of attack, have I not the right to do that. We have not even made a demand for them. What we pro- it f Can there be any idea in any man's mind that I became a tres- pose to do is simply this, to recapture our own property. Now it is passe:r upon my neighbor's property by taking steps to prevent a dis- provided in one of the treaties referred to that, i£ difficulty should turbance of or attack on me by a dog or any other marauder he may occUI' between this country and Mexico, resort should not be had at have on his premises! It seems to me the common sense of the mat- once to reprisals; in which provision it is by implication conceded ter is clearly in favor of such right. 'fhe common law justifies me in that reprisals would be a peaceable remedy between parties bounll. pursuing a robber or highwayman who assails me, so far as is neces- together in peaceful relations by treaty. So there can be no question sary to give me complete security against a renewal of his attack. on that point between the two countries. Gentlemen need not be Mr. Chairman, the whole question turns on this: that Mexico says afraid, therefore, that this is or can be regarded as an act of war. It "I am unable to do this." Well, sir, if you have a household that is a peaceable remedy between nations at peace, a remedy taken by you are unable so to control as to be consistent with my peace and the nation, who has the power to take it, when and because the other safety, I have the right to maintain my peace even if I violate the nation has not the power to give it. , integrity of your household. Your house is a castle for your defense; Now, sir, I would propose this amendment, and I send it to the but not an asylum for my enemies, from which to assail me. Clerk's desk for the purpose of having it read. My proposition is Now, sir, in the brief remarks I shall make on this subject I substantially that notice should be given by the President of the will call the attention of the Honse to the fact that wherever the United States to the Mexican government calling attention to the property of the American citizen is taken by the citizens of a foreign wrongs and injuries of which we complain, calling upon it to redress power this country has the right to grant letters of marque andre- them on its own motion, and providing further that, if within four prisal. And I beg the committee to understand that 1·eprisals for months after the service of this notice the government of Mexico private wrong are within the limits of peaceable remedy, as laid does not provide the remedy and if these inroads and invasions con- down by the writers on international law, which I will now quote: tinue, then the P1·esident is authorized to use so much of the Army Retorsion, we ba.ve seen, is a. vindication of offended comity. But even an in- of the United States a-s may be necessary for the purpose of recap- jury done~ the rights, 8trf.cti juri~, of a state may be vindicated by the employ- turin~, and only for the purpose of recapturing, the property of ment of a kind of force which nevertheless falls short of war, a.nd the use of which Amel'lcan citizens with entire respect to the persons a.nd property of is, and bas always been held to be, compatible with the maintenance of ~eneml peaceful citizens of Mexico. pacific relations. Such a vindication may be sought and obtained through tne me- eliurn. of reprisals. "Observa," Bynkershrnk says, "repres8aUi8 locum non esse nisi Furthermore, if I may be permitted to end the sentence-- in paCil." (3 Phillimore's International Law, p~e 10.) The CHAIRMAN. There are but five minutes left of the time for XIX. What are the subjects of reprisals 1 Strictly speaking, they affect the per- general debate, which it is the understanding of the Chair go to one 8011.8 (O.vJpo)..'lt/li.a.) as well as the goods of the subjects of the government agamst of the colleagues of the chairman of the committee. The amend- which they are granted. In modern times however, they have been·chiefly confined to goods, and here it ment of the gentleman from Virginia which he has sent up to be read is to be observed that, jure gentium, all the subjects of the injuring government are can be withheld until it properly comes before the House in order. liable to reprisals, whether they be native or domiciled, but not those who are trav- Mr. TUCKER. I will take only one single minute. elers or passing guests. (Ibid., page 23.) Mr. THROCKMORTON. I believe I have the floor for the remain- In other words, reprisal is a pea-ceable remedy. So Phillimore says, ing time, and I yield it to the gentleman from Virginia. a.nd so all the authorities say. It is of course not the most peaceable, Mr. TUCKER. I am obliged to the gentleman. The latter part of but it is peaceable in the sense of being in contrast to a belligerent my amendment provides that the President shall give formal notice remedy. You may make reprisals, I say, for such injuries as we are to the Mexican government of this joint resolution, declaring that now considering; and I beg to call the attention of the committee to it is within the limits of ourpeacefulremedies, and with the purpose one of the most striking ca.ses of it. Let me read what Phillimore of maintaining peaceful relations between the two countries, and states occurred in England in the time of Cromwell: that unless Mexico can afford a remedy of prevention against these in- When France wa-s rnled by Cardinal Ma.zarin, during the minority of Louis X"fV, roads and ravages upon our territory, we will be obliged to take into and England was nnderthevigorons despotism of Cromwell, an English merchant- our own hands the redress which is there indicated. vessel was illegally sei~ed a.nd confiscated on the ~t of Fr8Jlce. The owner of Now, sir, I ask gentlemen can there be a fairer proposal to a friendly the vessel, a Qila.ker, complained to Cromwell, who gave him a letter of which'he nationf "\Ve say to them, "These marauders are a people you have was to be the bearer to Ma.zarin, told him to wait three days for an answer, which answer must be the restitution of the ship a.nd cargo. "Tell the cardinal," said the power to control, or if you have not yon ought to have, and do Cromwell, "that yon have orders from me not to wait longer th8Jl three days.'' not control, and they are continually injuring us. If they continue The Quaker went, and returned reporting the failure of his mi sion to Cromwell. to do so we will have to take the remedy into our own hands, and we WithoutMyfnrther diplomatic communication, that vi~orous ruler dispatched two sbi:ps of war to make prize of French vessels in the channel. They accomplished give you fair time, we give you a fair chance to provide the remedy therrtask; Cromwell sold the prizes, paid out of the proc.eeds to the Quaker the yourself. If you do not, with entire deference to yon, with a spirit value of his loss, and then apprised the French embassador that the residue was entirely friendly, and holding peaceful relations to you, we will go at his service. into your territory and get our property." That is all. "Cette insolente justice," says Mr. Villema.in in his biography of Cromwell, "n'excita ni reclamation ni gnerre ;"but in truth it was an act of substantial jus- Why should we not f It is not war; it is peace-peace iu the form tice, and imolent only because theforms of previous diploma.tic remonstr&nces, eer· in which I present it in my amendment, with the utmost deference to tainly a grave defect, had been omitted." (3 Phillimore's International Law, pages a weak power. 24, 25. Gentlemen have said we would not do the same to Great Britain. And the committee are aware of the celebrated case, which he also Great Britain did the same to us. When the Caroline in 1838 fired quotes, of General Jackson in 1834 recommending reprisals on France across the border between Great Britain and American territory, firod for her refusal to carry out obligations she owed to this country. into a British vessel and upon British soldiers, Great Britain sent a (Idem, page 33, 34.) Captain McLeod and crew into American territory, cu.t out the Caro- So reprisals are peaceable remedies. Now, if we have the right to line from her .American moorings, and sent her down Niagara Falls; make reprisals of Mexican property in order to indemnify American and she vindicated her right to .do so on the principle that she had citizens for damage done to their property, ajortwri we can make an the right to protect her own territory either against direct invasion entry upon .Mexican territory to the extent and for the purpose of from the .American Government or the indirect invasion by those getting back our own property. If we can take anoth~r man's prop- whom the Government of America would not prev-ent. Her right to erty to indemnify us for loss of our own, resulting from his suffer- do so waa acknowledged again and again. There was no difficulty ance or reception, (patientia aut receptu,) cannot we retake our own about it. property in specie which has been lost, and thus to indemnify our- Mr. JONES, of Kentucky. Let me ask the gentleman a question f selves! :Mr. TUCKER. Certainly. I beg to go a little further. But this is not reprisal. We do not Mr. JONES, of Kentucky. If I understand the proposition of the propose to go that far. We only go to the extent of crossing into the gentleman from Virginia, he goes further than this joint resolution Mexican territory to get at our own property, when the government proposes to go. I understand him to say it is within the right of this in whose territory it is has declared it is unable to restore the prop- Government, after one of these incursions into our territory and prop- erty to us. That is all. If a gentleman tells me ''I am not able to erty of our citizena has been taken off, to send its troops in search of let you get your property; somebody has brought it here on my prem- that property and recapture it. I understand the resolution only to ises, and I am Ul1able to hand it over to you for some cause, I care not go to the extent that our troops may pursue these lawless raiders with 1876. CONGRESSIONAL R.ECORD-HOUSE. 4639 their booty, in hot pursuit as it were, when they come upon our-terri- from the evidence of the very men relied upon by the gentleman of tory to take property and carry off women and children-that our this committee, that these outrages had been committed either by troops when they see them in the act, when they have crossed the men living on this side, Texans, or by men who, living in Texas, border and committed these depredations, shall pursue them in "hot under the liberal laws of that State, were claiming the protection of pursuit," as it were, across the border. I understand that is only the Texan laws. Sir, I do not intend to vote against the first section of extent to which this joint resolution goes. this joint resolution. I am willing to send soldiers, and enough of Mr. TUCKER. I do not propose to go to the full extent of our them, to protect the border from men who live on this side or on the right, or as far as we would be justified in going. I would alwayR, other side who commit outrages upon peaceable citizens, and prevent sir, in private and public affairs deal with a weaker opponent much them from crossing to the other side. And if they do oross, let them more generously than with a stronger, and so every magnanimous in the emer~ency of the moment, in hot haste, follow them, a~ a sim- and noble nation will act. In this case we deal with Mexico with ple right. .tint do not let this Congress here, acting calmly in its entire respect, and with a deference to its unhappy condition which right as the Congress of the American ,People, pass a resolution that we should not show to a more powerful neighbor. will say, "Yon of Mexico deny these outrages as having beon com- Mr. JONES, of Kentucky. I understand that the gentleman's mitted by your people." amendment does not go entirely to the extent of the position now Your report denies these wrongs; but we will not take a word you laid down. say, but will garble the testimony that comes here from projudiced Mr. TUCKER. No, sir. men of this nation ; we will read and listen to so much of that testi- The CHAIRMAN. The time of the gentleman has expired. mony as is in our favor, but will turn a deaf ear to everything that is Mr. TUCKER. I a~ain thank the gentleman from Texas [Mr. against us. We will assume, against your protestations to the con- TIIROCKMORTON] for h1s courtesy in yielding me a part of his time. trary, t.hat you acknowledge your people all in the wrong and our The CHAIRMAN. The limit fixed for general debate has now been people all in the right, and we will order our troops upon your soil. reached, and the next thing in order is the consideration of the bill Or, according to the amendment of the gentleman from Virginia, we by sections for amendment under the five-minute rule. will give you ninety days to correct the evil we claim yon are doing; Mr. SCHLEICHER. I have just now discovered a very important and if you fail to correct them, our soldiers shall cross over and make clerical error in the second section. The words "when in hot pursuit reprisals. :Magnanimous proposition from this proucl Republic to that of the robbers with their booty" have been l~ft out in section 2. poor, revolution-torn but proud sister-republic! I ask unanimous consent that that correction may be made. If gentlemen will carefully read the testimony before the commit- Mr. HURLBUT. It is a misprint. tee, they will find that according to the evidence of their own wit- 1\fr. SCHLEICHER. Those words are left out of the bill as nesses, brought by these gentlemen, out of a thousand families in one printed. They were in our report. . I move to insert after the word county there are only some ten or fifteen who do not speak Mexican " troops," in section 2, line 6, the words : and only five or six who are registered voters, and that by jurors When in hot pursuit of the robbers with their booty. selected from those thousand families they cannot convict ·a smgle ·Mr. HURLBUT. Let the section be read as it will be when amended. thief. Why t Because the jurors protected by the Texan laws dare not bring in a verdict; and therefore because they do not enforce the The Clerk read as follows: law we are to allow our soldiers to cross over the border. SEC. 2. That in vie; of the inability of the national government of Mexico to pre- I say what I am saying, sir, not really in opposition to the first reso- vent the inroads of lawless parties from Mexican soii into Texas, the President is hereby authorized, whenever in his judgment it shall be necessary for the protec- lution but in order to answer the gentleman from Virginia. I admit tion of the rights of American citizens on the Texas frontier, above described, to that the gentleman from Virginia may be ri(J'ht as to international O!'der the troops when in bot pursuit of the robbers with their booty to cross the law and that he has laid down the law conectfy, but the facts brought Rio Grande, and use such means as they may find necessary for recovering the up here by this committee are not sitfficient to justify us to ask under Htolen property and checking the raids, guarding, however, in all cases, against any unnecessary injury to peaceable inhabitants of Mexico. the law laid down by him-not sufficient to justify us in taking this • high-handed movement and demanding of 1\Iexico, "If yon do not There was no objection, and the omitted words were inserted in do this or that, if yon do not prevent outrages which yon deny yon the second section. are responsible for, and do it in ninety days, we will march over your Mr. CONGER. I now desire to offer the amendment I indicated. border." Let a commission be appointed by the President of the I desire to move to strike out the second section. United States and let us revise our treaty if necessary. Let us treat The CHAIRMAN. · The second section is not as yet before the them as a nation, our peer in everything of nationality, though not committee for consideration. The first section will be read by the our peer in power, but let us treat Mexico- as if she were our peer in Clerk. . power as well as in nationality. The Clerk read a..s follows : [Here the hammer fell.] Resolved, tlc. 1 That for the purpose of givinrr efficient protection to the country · Mr. TUCKER. I move to strike out the last word for the purpose between the R11J Grande and Nneces River, in the State of Texas, from the cattle- thieves, robbers, and murderers from the Mexican side of the river, the President of saying a single word in reply to the gentleman from lllinois. My of the United States be, and hereby is, authorized and required to station and friend from Illinois· says that I have assumed that the .Mexican gov- keep on the Rio Grande Rivor, from the month of that river to the northern bound- ernment acknowledged itself unable to prevent or redress these ary of the state of Tamanlipas, above Laredo, two regiments of cavalry, for field wrongs. Now, I said that out of charity and kindness for her. But servioe, in addition to such infantry force as may be nece1~sary for garrison duty, and to assign recruits to said regiments, so as to fill each troop to number one hun- she is at all events in this dilemma: either she is able to redress dred private. are citizens of Texas, are, almost to a. man, aa much opposed to si,ght to see {our or five or six mt~n, well armed and moun tell, whose business no this system oi raiding aa the American citizens of Texas are. :Many of tliem have one knows. H you ask them who they a.re, they will say, "We belong to a. ranch not nerve enough to take an active, .decided stand against it either by ~ving in- :l:ifteen or twenty miles distant," or, "We are trading swc~, " or, "We have been formation or by personal assistance. Still a number of them have done It since I -visiting :Brownsville or Matamoras," or, "We belong on tho other side of the river," ba~e been out there; and some eight or ten of thell'!-J or probably twelve, have been or~ "We are going to our employer's ranch in the mteriort or they may claim to killed on that accormt. It has been the history of tnose border oountiea that when bruong to some neighboring ranch. We know nothing or them, and if we take any man, Mexican or American, has made himself prominent in hunting tho e mid- them to the ranch to which they say they belong the servants of the ranch gener- era down, or iii .organizing parties to pursue them when they are oo.rrying off cattle, ally, without hesitation, verify their statement, in many instances from friendship, he has been either forced to move from the ranch and oome into town,. or- he hos most frequently from fear. been killed. Quite a number of Americans have been killed within the last year out there, and also quite a number of Mexicans; probably twelve or fifteen for that There are men riding about in squads of four or five or six, accord- offense alone. The men on the other aide of the river threaten to kill them, and the ing to this testimony. They do not arrest them because when they fact · is known publicly. They say, " We will kill that man within a week," &nd report is heralded abroad over the oountry, and if the man does not lea.v~ they go to the ranch which they claim to be from the servants there will the usually carry their threat into execution. We have a few Mexican ranchet'OS who aclmowledgES them. Now, in another place is this testimony: , take a.n active part against these raiders, and who send me informatioil. and aid me wit·h their services personally in hrmting down the raiilers and in keeping out a. A large proportion of the Mexican popula.tion on this aide of the river have their guard in their' own neighborhood, sendlng out regularly the vaqueros t.o certain homes on the other side. They live over here, and are employed on this side; but points to watch the trains of cattle. :But the lar~e proportion of the Mexican. set- th~y clai.ni no citizenship here, and they are in active, direct sympathy with the tlers on this side of the river is a. floating popula.t.ton, who vQte on this side a.s well rru.d81'8. as on the other. Many of them have been born and claim citizenship in Mexioo. A large proportion of the Mexica.n population on this side of the river ha.ve their homes Did I say anything more than that Y This is testimony from the on theotherside. They live over here, and are employed on this side: but they claim gentleman's own witness, not from the :Mexicans. I did not read one no citizenship here, and they are .in active, direct sympathy with the ra.idere. They word from the Mexican report except the quotations made from the are their kinsfolk, their oousins, uncles, and brothers-for it seems to me as if all Texan newspapers. The gentleman said when I made these quota- the Mexicans on both sides of the river a.reTelatives. tions: "0, they are partisan;" as if it were a republican charging a M±. HARRISON. Now, Mr. Chairman, the gentleman direotlycon- democrat or a. democrat . charging a republican. IIow are we to sup- tradic~d the accuracy of my statement of the ~vidence; but he has not pose that they are partisan f This Mexican report gives the state- only read exactly what I quoted but additional matter which strength- ments copied from these newspapers, and that is all that I read from ens my position. It appears by what he has just read that many of that report i I did not read another word from t.he Mexican report. these men vote o'n both sides of the river. \Vhat I read was from the testimony of witnesses brought here by Mr. SCHLEICHER. Not tlie raiders, but the floating population. the gentleman himself to prove hiB point, and I claim that it proved Mr. HARRISON. . N~w, Mr. Chairman, I do not oppose at· all the my side of the question. first resolution. The gentleman from Texas [Mr. HANcocK) says, [Here the hammer fell.] "First catch your thief." Now, when we learn· from Captain Mc- Mr. HANCOCK. I wish to say but a word or two upon this sub- Nally's testimony that be goes with these men 7 that he rides alon~ ject. I had observed the view which the gentleman from illinois with them, it looks as if with the regiments which I will vote .to sen<1 [Mr. HARRISON] seemed determined to take of the statements of there1 we might succeed in taking them. 1876. CONGRESSIONAL .RECORD-HOUSE. 4641 But do you not bring in here testimony which shows that th~ out- to guard this section a~ainst the provision now contained in the Army rages are committ.ed by men living on this side and voting on both appropriation bill, which would render this joint resolution futile, sides of the river! I suppose that next fall they will come over in or at least tmspend its full operation for a year or two. crowds; they are invited, it seems, to come up and vote. But this The question was put to the committee. second resolution says," Let your colonels, your captains, and lieuten- The CHAIRMAN. It would appear by the sound the amendment ants be sent over the bender; but be careful not to do any unnecessary is rejected. injury to peaceful citizens." Gentlemen, if that resolution passes it Mr. SCHLEICHER. I hope not, as the amendment is one that is will be a dishonor to the American nation, and therefore I oppose it. very necessary. I ask that the amendment be again read. - Mr. SC.HLEICHER. I withdraw my p1'0 forma amendment. The amendment waa again read. lli. HILL. I renew tke amendment. I am very anxious to do Mr. HURLBUT. Permit me to explain what that means. It is what is necessary to protect the people on the borders of Texas; but simply to authorize the recruiting of these two regiments to the full I confess that I have considerable trouble in relation to this second standard and to keep them so without reference to any reduction of section of the resolution. the Army that may now or hereafter be adopted. The CHAffiMAN. The first section is now under consideration. The committee dividei; and there were-ayes 841 noes 12; no quo- Mr. HILL. Well, though my remarks might more pertinently be rum voting. presented when the second section shall be under consideration, I be- Mr. CONGER. No quorum baa voted. lieve while I am up I will say what I had intended to say. The CHAIRMAN. Does the gentleman from Michigan insist on a The argument of my very excellent friend from Virginia [Mr. further count f TucKER] does not altogether satisfy my mind; and I think the in- Mr. CONGER. I think it is a dangerous proposition to make. It stances he quotes upon the question of law are not exactly in point. has been agreed the Army shall be limited to a particular number of Still, I concede the general proposition that self-preservation is just men, of which fifty shall constitute a company in all of the regiments. as much the la.w of nations as of individuals; and cases may arise, This proposes that these twenty companies shall have one hundred and douptless have arisen-such cases are mentioned by all the law- each, Rnd that reduces so much from other regiments in t.he cavalry writers-where you may under certain circumstances pursue maraud- service. ers even into the territory of a nation with which you are at peace. Mr. SCHLEICHER. It does nothing of the kind, but simply pro- But this is giving a very strong power t.o the executive government vides that these two regiments shall be recruited to the full standard and a very dangerous one, one that may result in no damage or in very of one hundred men to each company. great damage, and one which I think ought to be conceded with very Mr. CONGER. The Army appropriation bill provides that there great caution. shall bo so many in -the Army. I do not know by what policy t.his Now I want to ask the gentleman from Texas [Mr. SCHLEICHER] Honse will destroy the Army altogether. This is in that direction. this question: if we .ahall pass the first section of the resolution and The CHAIRMAN. Debate is not in order. give two full regiments of cavalry to be stationed permanently on MJ:. CONGER. I have the floor, and have the right to debate the that border, does not the gentleman believe that that will remedy pending proposition. these difficulties T At least does it not give such promise of remedy The CHAIRMAN. Tbe HoMe is dividing on the question and de- that it ought to be tried first before going further f bate is not in order. Does the gentleman call for tellers f Mr. SCHLEICHER. I answer the gentleman that certainly it will Mr. CONGER. I do not. give some measure of security; but I wish to state right here that The CHAIRMAN. Then no further count being insisted on, the when the committee first met for the consideration of this question amendment is adopted. there was not a single member who contemplated the passage of any Mr. l<'ORT. I have an amendment to offer, and I hope the chair- such proposition as is embraced in the second section. But it appears man of the committee will give me his attention. I move to add to from the evidence that there is on our side of the river a thicket two the amendment just adopted the following: hundred iniles long and twenty miles wide, with only occasfonal And the Secretal1' of War is authorized to trerxmt the buggy to pass through: of the whites only one man was killed. After this holocaust of blood was over the desperadoes in large bodies entered the houses of most of the prominE'nt colored Mr. SCHLEICHER. I rise to a point of order. I wish to know if men of the town and completely gutted them. They stole all they possibly could, this proposition is germane to the bill. and what they could not steal they destroyed. Furniture was smashed, books torn Several MEl\mERS. Too late. to pi~es , pictures cut from their fram_es, and everything that could be destroyed was g~ven up to the demon of destruction. Such scenes my eyes have never before The CH.A.IRMAN. The Chair desires to say that it strikes him as witnessed and the distress and suffering among the poor oolored people was heart- being aa germane as other propositions which have been generally rending to behold. The town is desolate and the inhabitants have taken refuge in entertained to make it allowable. • .Aiken, Columbia, and other points. The civil authorities are powerless or too neg- The Clerk continued the reading of the letter, a.s follows: ligent to do anytbin~, and pea~e and order cannot be preserved unless United States troops are sent to this point :Jot once. The order was obeyed, and the white men went on their way uttering threats. The scenes during the massacre were fearful to behold-the moon shining down The next day a colored trial Justice issued processes against the officers of the upon the horrid scene lighting up the whole with a ghastly light; the popping of company, based on the complaint of the two white men, citing the officers to ap- the small arms; the screams of trightened women and terrified children; the loud pear and answer to a charge of obstructing the public highway. They obeyed the reports from the artillery, all tended to make a scene terrible and more than fearful writs, and after a slight examination the justice adjourned the trial until Saturd~y. to behold. And now what was the provocation given for this hellish slaughter 1 the 8th instant. On that day, at an early hour, the town commenced to fill up With The answer is, nothing. Legally the militia bad the right of way over the public white men, armed to the teeth with repeating rifles and revolvers. The colored road. The day wa-s the nation's holiday. The militia had a perfect right to J.l3r- people had no idea of the bloody tragedy which was soon to t.ake place, and con- rade, and vehicles of all kinds were required to keep out of their way, and not m- sequently made no preparations to resist an att'l.Ck, and were almost defenseless. terfere with their marr.hing. A.~ain, ffimoral Butler had not the shadow of a right Late in the afternoon General M. C. Butler, one of the most malignant of the un- to demand the arms of the milit1a. They were organized under the constitution reconstructed rebels, rode into the town, accompanied by a score of well-armed and laws of the State, and were part and parcel of the armed force of the Com- white men, and stated to the leadin!l' colored men that he came for the purpose of monwealth. No private citizen had the slightest ri~t to molest them. Snch mo- prosecuting the case on the part of the two white men, and he demanded that the lestation was a. direct blow at the power and authori~y of the State. It was a. revo· inilitia companY. should give up their arms and also surrender their officers. This lutionary step, and should be thus punished. · demand the militia was ready to comply with for the purpose of avoiding a diffi- culty if General Butler wonlil guarantee them entire safety from molestation by [Here the hammer fell.] the crowd of white desperadoes. This Butler refused to do, and persisted in his Mr. COCHRANE. I ask unanimous consent that the reading of the demand for th'6 surrender of the guns and the officers, and threatened that if the letter be finished. surrender was not immediately made he would take the guns and officers by force of arms. This threat aroused the militia comp3DJ' to a realizing sense of their im- :Mr. COOK. I hope there will be no objection. pending danger, and they at once repaired to a large brick building', some two hun- The CHAIRMAN. Unanimous consent cannot be granted in Com- dred yards fiom the rive1·, used by them as an armory, and there took refuge. '!'hey mittee of the Whole. numbered in all about forty men and hn.d a very small quantity of ammunition. During this time, while the militia were taking refuge in their armory the white Mr. CONGER. I move to strike out the last word of the amend- desperadoes were coming into the town in large nrlmbers, not only from the adja- ment of the gentleman from South Carolina, [Mr. SMALLs,] and, as cent county of Edgefield, but also from the mty of Augusta, Georgia, until they part of JllY remarks, I a.sk that the reading may be continued. numbered over fifteen hundred well-armed and ruffianly men, who were under the The CHAIRMAN. The Chair, perhaps, was not thoroughly under- immediate command and direction of the ex-rebel chief, .M. C. Butler. .After the entire force had arrived, the building where the militia had taken refuge was en- stood when he spoke before. He desires simply to say that although tirely surrounded and a. brisk fire opened upon it. This fire was kept up for some he has some doubt about the propriety of these pro fm-ma arrange- two hours, when. finding that the militia could not be dislodged by small arms, a. ments, still he cheerfully consents to their being continue~ because maasenger was sent to Augusta for artillery. During all this time not a shot had snch has been the practice in the Committee of the Whole House. been fired by the militiamen. The artillery arrived and was posted on the bank of the river and openM. fire on the building With grape and canister. Th• Clerk resumed, and concluded the reading of the letter, as fol- lows: . Mr. SCHLEICHER. I rise to a I)Uestion of order. If this b~ read as a part of the gentlemn.n's remarks, is he not subject to the five- .Are the southern colored citizens to be protected or are they to be left at the mercy of such ruffians as massacred the poor men of Ham burgh i The murdered minutes rnle f Attaway was a man of considerable prominence in the Tepublicn.n party of tho T.he CH.AJR1t1AN. The gentleman from South Carolina was recog- county. He was a law-abiding citizen, held a responsible office, and was well nized at thirty-two minutes pa.st three o'clock. There is still half a thought of by very many people. The other murdered men were goocl citizens and have never been known to infringe the law. The whole affair was a well anany I have no doubt the exact truth of the unfortunate occurrence at and Prince Rivers and soo if we could not adjust matters. I made this proposition to Mr. Sparnick and he assented, saying he1iad influence with tho negroes and he Hamburgh has been told in that letter. !vouch for every word of it. thought we could arrange it. He wont off, as I supposed, to bring his clients, and I read yesterday in the public journals the letter which was sent up did notretnrn. Sam Spencer, a negro man, came to Mr. Damm's store, where I was here, and very imprudently naked to be read to the House by the mem- with Mr. Bobort :Butler, his son, and son-in·law, and said that he desired to see me ber from South Carolina, [1\Ir. SMALLs.] I believe it to be a slander privately. · I at once went into Mr. Damm 's back room. He said he was sorry to see so much and a lie. Does he know it to be true f He does not. In my judg- excitement, and I expressed regrets at it. When ho said that he thought inasmuch ment it is a mere fabrication for political effect. as Trial-Justice Rivers was to hear the case he would prefer not to be in the con- But, sir, as far as M. C. Butler is concerned, to call him a Ku-Klux ference. I agreed with the propriety of tbat position, and he then said that the would be an insult to the most honorable blood in America. I have officers of Doc Adams's militia company would meet me, but did not like t{) come known his family all my life. They have been in every war of this to me at Damm's store, as there were armed men there, but would meet me at his (Spencer's) office if agreeable to me. I said certainly; I would meet them at his conn try from the Revolution down. They have been distinguished sol- office, and aJone, if they preferroo. He then went off, and did not return. The diers, heroes, and statesmen, as he is one to-day. He was a. gallant and time appointed for the trial having arrived, I proceedoo with my clients to the brilliant officer in the confederate army from the firing of the first gun triaJ justice's office. Rivers was not in, and after a time his clerk went for him, and he opened his court. I inquired, as a preliminary question, whether he was of the war to the last ; and when the war ended he surrendered like a. sitting as a civil or a military officer. He replied that that depended upon the soldier and a hero, and he hn.s behaved himself as a soldier and a hero facta as they would be developed; that he was then aeting as a peace officer. Ire- ever since. He was one of six or seven brothers who went to the marked that I was indifferent as to the character of the court, as we only desired front, and I believe but three survived the conflict. In addition to the to arrive at the faets, and inquired if the accused parties would be present. He said noble Butler blood which rulijl through his veins, he inherits through that he did not know, but would have them called, which his constable proceoooo to do from the door. his venerated mother, whom I well knew, the blood of the gallant About this time Sam Spencer came in and said to me that he thought if the trial Commodore Perry of Lake Erie fame. He has been eminently con- could be suspended the matter could be settled. I replied that be must see the servative and loyal ever since he surrendered his sword. trial justice, and if he would suspend I bad no objections; whereupon Rivers an- nounCed the case suspendoo for ten minutes, and I was inviteen of the prisoners ical and Sentinel says that about two o'clock, or a little before, the roll was called was barbartms in the extreme. We have no words strong enough to express our of the prisoners, any her Legislature because of the failure of the Federal Govern- retary of the ~reru:~ury of the to~r;t-age-tax ~here it has bee~ e~ac~d ment to provide sufficient protection to our frontiers. in contraventiOn of treaty prOVlSIOns; which was read tw10e by 1ta SEc. 4. That the governor of the State be requested to transmit to our Senators title, referred to the Committee on Foreign Relations, and ordered to i.illd Representative in Congress a copy of these resolutions, together with an item- be printed. ized statement of all expenditures made by the State in the protection of her front,. iers. ESTATE OF .AMOS IRELAND. SEc. 5. The fact that Congress will adjourn at an e.'l>rly day and the necessity for Mr. 1\ffiRRIMON. I move that the Senate take up Senate l)i..U No. p1-ompt action r equire that this joint r esolution take effect, and it is hereby de- cl:J.red that it rto take effect, from and after its passage. 781 which is a small bill for the relief of the estate of Amos Ireland. Approved July 6, 1876. I thlnk ·when the report is read it will be suffipient to pass the bill. 4648 CONGRESSIONAL RECORD-SENATE. JULY 17, The motion was agreed to; and the Senate, as in Committee of the Mr. EDMUNDS. That appearing, Mr. President, I have no objec- Whole, proceeded to consider the bill ( S. No. 781) for the relief of Mar- tion at all to the claim. garet Irela.nd, widow of Amos Ireland. The amendments were agreed to. The bill was reported from the Committee on Claims with amend- The bill was reported to the Senate as amended. and the amend- ments, in: line 6, to strike out the words "the amount due, if any, for ments were concurred in. his services; " in line 7, after the word "to," to strike out the words The bill was ordered to be engrossed for a third reading, read the "his widow, the said Mar~aret," and insert "the administrator of third time, and passed. the estate of Amos;" in line 8, after "Ireland," to insert the word The title was amended so as to read: "A bill for the relief of the . " deceased;" and after the word "deceased" to strike out the words estate of Amos Ireland, deceased." "and a sufficient sum is hereby appropriated for that purpose out of CHARLES F. CHANDLER. any moneys not otherwise appropriated by law" and insert "the sum of $208.33 for his services from January 1, 1861, until May 31, Mr. WADLEIGH. I move that the Senate proceed to the consid- 1861, upon producing proper evidence of qualification as adminis- eration of the bill (S. No. 722) for the relief of Charles F. Chandler. trator of his estate; and a sufficient sum is hereby appropriated for The motion was agreed to; and the Senate, as in Committee of the that purpose out of any moneys not otherwise appropriated by law;" Whole, proceede~ to consider the bill. It declares that the letters- so as to make the bill read : patent of the United StatesdatedJanuary21,1873, No.135014, granted That the pro.Per accounting officers of the Treasury be, and they are hereby, au. to Augustus H. Seyerth, shall be good and valid in law for the full thorized and dirooted to adjust and settle the account of Amos Ireland, as captain term for which the letters-patent were granted by the Commissioner of the light-vessel at Brandt Island Shoals, North Carolina, and allow the admin. of Patents, in the same manner and with the same effect, aud no istrator of the estate of Amos Ireland, deceased, the snm of ~.33 for his services other, as if letters-patent for the invention described in the letters- from January 1, 1861, until May 31, 1861, npon producing proper evidence of c:J.Uali· patent of the United States had not been granted and expired, or mav fication aa administrat.or of his estate ; and a sUfficient sum is hereby appropna.ted for that purpose out of any moneys not otherwise appropriated by law. not expire, in foreign countries, during the period for which letterS- Mr. EDMUNDS. Let us hear the report r~d. patent may have been granted in foreign countries. Mr. MERRIMON. I ask the Clerk to read the report. Mr. COCKRELL. Is there a report in the case f The Chief Clerk read the following report, submitted by Mr. CocK- Mr. WAD LEIGH. There is a report.. RELL, from the Committee on Claims, June 21 : The PRESIDING OFFICER. The report will be read. The Committee on Claims, to whom was referred the bill for the relief of Mar· The Secretary read the following report, submitted by Mr. WAD- garet Ireland, widow of Amos Irehnd, have had the same under consideration, nnd LEIGH, from the Committee on Patents, June 21: respectfully report a.a·tollows: The Committee on Patents, to whom wa..s referred the petition of Charles F. Your committee find, from the evidence filed in the case, that Amos Ireland was Chandler, submit the following report: loyal to the United States throughout the war; that be waa employed under. con- The petition prays for the declaring valid for the full term for 'vhioh the same tract as keeper of the light-vessel stationed at Brandt Island Shoals, in North Car- were granted-that is, seventeen years from January21, 1873-of United States let- olina, at a salary of $500 per annum, and that he performed service in that capacity ters-patent issued to Dr. Augustus Seyferth, and which letters-patent, having be- from December 31, 1860, up to June 30, 1861, for which he received no pay. Your come forfeited in England, m1ght, under the laws of 1870 (Revised Statutes, section committee addressed a letter to the Secretary of the Treasury, and received 4887) be construed tonave expired in this country. through him, from the Light-Honse Board, the information tbat Amos Ireland was We find that Chandlerjnrchasod his interest in the said letters-patent in 1869. employed as keeper of the light-vessel at Brandt Island during the year 1860, at a He immediatelyproceede to apply through an attorney to obtain letters-patent for salary of f500 ~r annum; that the accounts of the superintendent of lights show t.h e same. The grant was delayed in consequence of mrcumstances wholly beyond that be was pa1d up to and including December 31, 1860; that no a.ccounts were re- his control, and by two interferences which were decided in his favor. But :!:or ceived from the superintendent during the year 1861; and, although the presump- these circumstances he would have obtained his patent for the full term of seven. tion ia tbat some service was rendered, there is no positive evidence of the fact on teen years under the act of 1861. file in this Office, and that it is not known positively at what time light-house serv- We also find that the letters-patent for this same invention which have been for- ice was discontinued at the sa.isl station, as no direct order or instructions were feited in England were not so forfeited by any neglect or carelessnegs on the part issued from the Light-House Office with reference thereto. Your committee find of either Seyfarth or Chandler. the reply of the Secretary confirmatory of the facts set forth in the evidence, as far We find that any doubt or uncertainty as to the validity of this patent, and as to as the records show anything in relation to the case and are satisfied that the claim whether it is in force or not, should be removed. is a just one. In view of the fact that service was discontinued on all mail-routes We find also that no laches or negligence can be charged against either Chandler on Yay 31, 1861, at which time all authority of the United States was suspended or Seyfarth, and that Seyferth is entitled to his American patent for the full term in North Carolina, your committee recommend payment only from December 31, for which it was granted, and we recommend the passage of billS. No. 722, for the 1860, until May 31, 1861, at the rate of $500 per aunum, payable to the adminis· relief of Charles F. Chandler. trator of the estate of Amos Ireland, deceased, upon furnishing satisfactory proof of qualification as administrator, and recommend the passage of t.be bill as Mr. CONKLING. For what is the patent, I inquire of the Senator am'ended. from New Hampshire! Mr. EDMUNDS. I should like to ask the Senator from North Caro- Mr. WADLEIGH. For a process for refining sugar. lina, who is undoubtedly familiar with it, at what time the authori- Mr. CONKLING. May I inquire what the process is in general Y I ties of the State of North Carolina, or the rebel authorities, assumed do not want the particulars; but enough to enable us to know. It control of the coast upon which this light-house stands f seems to be a very important matter. Mr. MERRIMON. I am unable at this moment to inform the Sen- 1\!r. WADLEIGH. It is a chemical process for refining sugar; and ator. parties in England who held an assignment there did not consider it Mr. EDMUNDS. Well, cannot the Senator tell ns somewhere near worth enough to make the payments necessary to keep their patent what time did the State of North Carolina secede, as it is called f alive in England, and on that a-ccount the patent was forfeited here Mr. MERRIMON. The truth is I am not at all familiar with this under the law of 1870, paased after the applicant had made applica- claim. I go by the report of the committee. I know this to be true, tion to the Patent Office for his patent. It is a very just case, Mr. that a great many of the people who remained along the banks, as President. · they are called, that is, the coast of North Carolina, adhered to the The bill was reported to the Senate. Union long after the wn.r began and many of them during the whole Mr. EDMUNDS. Does the bill reserve the right of people who war. I take it this person wn.s a loyal person. He was in the service have used the invention before this patent becomes valid, it being of the Government, and, it seems to me, the committee have limited now invalid f his claim very much. Mr. WAD LEIGH. The patent was grant.ed for fourteen years, and Mr. EDMUNDS. I have not any right to doubt at all, and I do not, this bill merely gives him the same right that he has under the pat- that this person was a loyal person, because the committee find he ent as granted. was. I tl\ke that to be a fact; but the committee propose to pay him, :Mr. EDMUNDS. What is the object of the bill, then f if I rightly heard the reading of the bill, down to the 31st day of May, Mr. WAD LEIGH. The patent in England was assigned to certain 1861. I have a general impression that the confederate authority, parties there, ~nd it was assigned in the United States to this Chand- whatever that may have been called, either rightfully or wrongfully, ler. He made application to the Patent Office of the United States waa in sway there for two months before that time; and, if so, this for a patent in 1869. In 1870 the Congress of the United States pas!:!eu poor fellow, loyal as he may have been-- a law which, as construed, invalidates patents here, provided they Mr. MERRIMON. I will remind the Senator-he may remember are invalidated from lapse in foreign countries. The parties who the fact; it is historical-that North Carolina did not secede until the held the a-ssignment in England, probably from not deeming the pa.t- 20th of May, 1861. ent to be very valuable there, forfeited t.he patent there by not mak- Mr. EDMUNDS. That is just what I W:lB trying to get at. ing certain periodical payments required by the law of England; and Mr. MERRIMON. That is the fact. our law of 1870, passed after the application was made to the Patent Mr. EDMUNDS. That is the very question I asked the Senator a Office and while it was pending there when the patent lapsed in moment ago, and he said he could not tell. England, deprived the assignee here of any rights under the patent. Mr. MERRIMON. And the State, after the ordinance of secession, His patent lapsed on account of the neglect of parties in England. did not get control of the light-houses and other public works along Mr. EDMUNDS. In accordance with the gener:!illaw T the coast until after that time, not until May 31, 1861. I am very Mr. WADLEIGH. In accordance with the general law passed after sure the State did not, though I would not state positively. I think he ma.de his application here. He made his application in 1869, and it did not. it was pending in the Patent Office until after the passage of the law Mr. EDMUNDS. Very well; that being the state of the case, this of 1870. These parties in England did not make th{\payments there claim is perfectly correct undoubtedly. I tried to get exactly that which they should have made; and the patent lapsed,"so that, though information from my friend. , the patent granted for fourteen years, he has held it but two months. Mr. RANSOM. There is no doubt, if the facts were known, that The bill was ordered to be engrossed for a third reading, read the this man served the Government up to the 31st of May. third time, and passed. 1876. CONGRESSIONAL RECORD-SENATE. 4649 MESSAGE FROM THE HOUSE. The Secretary read the following report submitted by Mr. CAPER- A message from the House of Representatives, by Mr. G. M. ADAMB, TON from the Committee of Claims on the 1st instant: its Clerk, announced that the House had agreed to the report of the The Committee on Claims, to whom was referred t.h e petition of Charles C. Campbell, of Vir~ia, praying compensation for certain property taken by United committee of conference on the disagreeing votes of the two Houses States forces durrng the war, together with the House bill No. 429, have had the on th~ bill (H. R. No. 332) to amend the act entitled "An act to amend same under consideration, and report as follows : and supplement an act entitled 'An act to establish a uniform system Petitioner represents that during the late war he resided in Washington County, of bankruptcy throughout the United States,' approved March 2, Virginia, and was the owner of a farge property, consistin_g of salt-fUrnaces, saft. store goods, salt-sacks, horses, mules, wagons, harness, and cotton yarn, to each 1867, and for other purposes," approved June 22, 1874. of which items he attaches a val no amounting in the aggrep:ate to 19,210 ; that the The mess·age also announced that the House had passed the follow- salt-furnaces and salt were taken and destroyed by the Union armies under the in(J' bills; in which the concurrence of the Senate was requested: commands of Generals Burbridge and Stoneman, and the other articles, amounting A bill (H. R. No. 3894) granting a pension to Mrs. Elizabeth Custer, in the aggregate to $8,590, were taken and nsed as supplies by the armies aforesaili hment, owned by different parties. they were despoiled and prostrated by .military force. Now how it Mr. LOGAN. Does tho Senator have any knowletlge why these can be that the impedimenta, if I may uso a military phrase, which b(}- aalt-works were destroyed' long to this establishment and carried it on and charaoberized it and 1876. CONGRESSIONAL RECORD-SENATE. 4651 made it contraband of war, do not partake of the character of the Mr. HOWE. Does the report find as a fact that this property was salt-works, I confess my mind is not microscopic enough to discover. situated in the enemy's country? Mr. WITHERS. Mr. !'resident, I do not claim to possess a micro- Mr. EDMUNDS. I do not .think it does, but I will tell you what scopic mind, and I certainly cannot compete with the distinguished the owner himself says. I have the affidavit here, which is rather Senator from New York in drawing nice legal distinctions, and yet it rich reading : · is very clear to my mind that there is a distinction, and one that ;In ~e year 1862 I purchased an interest in the salt-works in Washingfun Cotmty, should be properly recognized, between the personal property, the VIrg:r.m.a-- horses and harness and food, which by no possible stretch of authority Which is the southwest corner of Virginia, or near the southwest could be considered contraband of war in any community, and the part of Virginia. I believe we all know, politically and judicially a.nd salt product which seems to have been so regarded, and which I be- every other way, that the southwestern portion of Virginia in the lieve for the first time in civilized warfare was regarded as contra- year 1862 and down in fact to the year 1865 was in the enemy's coun- band of war. But assuming that the military authorities so construed try. There cannot be any doubt about that, I take it. He goes on- it to be contraband of war, I can see readily how they would have in connection with a partner. destroyed the salt and destroyed the machinery used in the manu- facture of salt for which the claimant could recover nothing, and yet Who that partner was the committee does not inform us; whether when the destruction extended further, not tho destruction merely, ·he was I\.fr. Jefferson Davis or Mr. George T. Beauregard or l\fr. R.!lf. the effect of which would have been to deprive this hostile com- T. Hunter, or whoever it may have been we do not know. It seems muruty of a necessary of life, and there was an appropriation for convenient for this gentleman not to give the name of his partner. Government use of horses, mules, harness, and wagons ; it seems to We erected two fn.rn.aces and bought one other, making three in all- me that some legal distinction ought to exist between the two cases, and that the principle which would be applied to the one should not This was during the flagrance of tbe rebellion and in the enemy's properly apply to the other. country. What sent this loyal man into that place called Saltville Mr. CONKLING. If the Senator will pardon me a moment, is not into the extensive business of making salt in the mid.st of the en- a flouring-mill situated in an enemy's country, turning out flour for emy's country would be a subject of curious inquiry. He goes on- the enemy, contraband in that sense in which a wagon-train loaded .and proceeded to make salt on private ;~.ccount. We bought horses, mules, wag. ons, harness, and everything that was necessary to carrY' on the manufactory of with that flour is contraband f salt successfully. We had our three fn.rn.aces making salt at the time Generals Mr. WITHERS. Provided they are engaged in the manufacture of Burbridge and StoneJ!lan made their raid into Virginia. flour for the public enemy; and if tills manufacture of salt had been to supply the armies of tho confederacy with salt, then it would have I take it that is tolerable evidence that it was rather a forcible erup- been properly considered contraband of war. But I contend that a tion at that time, and they were in very successful operation, giving flouring-mill where flour is manufactured for Tom, Dick, and Harry, it, I suppose, by the spoonful to the poor neighbors about f J...et IDe the neighborhood bringing in the grist and carrying it home for their see what he says he was doing: wives and children to eat, is not contraband of war; nor do I believe We had five four-horse and mule teams, with a complete outfit of harness and that salt manufactured for private use through the country is so con- ing,wagons, together with an extra wagon, in case of brell,kage to keep the work mov- Ilmlning and hauling wood to the railroad near Emory and Henry College, somo traband. But admitting that it shall be rE.\garded as contraband of ten miles by rail from Saltville, from which point we shipped the wood by rail to war, I believe that the horses and the harness and the wagons, which Saltville. Generals Burbridge and Stoneman, in their march or ra.iroperty of the out by the law-making power. Carry out the idea of the pending United States at these different places amounts to $50,000,000, and proposition of the Senator from Vermont, amended by the Senator from its nature requires improvements and repair every year to make from Ohio, and what consequences inevitably follow. If you can it serviceable. The repairs for this year were estimated by the De- place $4,000,000 in the h:mds of the Secretary of War or the Chief of paliment at a million and a half, and yet no appropriation was made Engineers for the purpose of improvin~ rivers and harbors, then you for it. The property was to go down, to become unserviceable for the can place all the money for the Army m the hands of the Secretary use of the Navy. Whyf The only effect is to cripple the operations of War; all the money for the Nn,vy in the hands of the Secretary of of the General Government, impair the efficiency of the Navy, and the Navy; all which is designed for foreign relations in the hands of make the impression of retrenchment, that the democratic party is the Secretary of State; that which is designed for Indians and in- running this Government at a diminished expense, and consequently ternal concerns in the hands of the Secretary of the Interior ; put that the republican party must have been extravagant and corrupt. these sums in gross in their bands and tell them to distribute as to You may run tluough these retrenchments, and so far as I am ad- them may seem best. In short, let this Congress declare before the vised you can point to but few that do ri.ot indicate the simple pur- American people that we have not the capacity in ourselves to do pose of making political capital and not because money can be hon- what they sent us here to do. This great power they have intrusted estly and justly saved. In many respects there must be large deficiency in our hands and our action will in effect say that we have farmed it bills next year or public works will go to ruin and the public serv- out to other men who have more brains, greater capacity, and who ice in many respects be seriously impaired or perhaps destroyed. better knowhow to dispose of it. It is viol~tive of the very elemen- I do not propose to vote for the recommittal of this bill. The Sen- tary principles of free government. ator from Ohio [Mr. THURl\IAN] sees that this bill does not comport I will examine the question of river and harbor improvements in with other bills. He sees very clearly that the character of this bill the light of a business proposition. It is said that the appropriation shows the purpose and spirit with which retrenchments have been asked for here, sent up by the House, $5,882,000, increased by the made in other bills, and shows that that has boen done for the pur- Senate some $900,000, is the largest appropriation that has ever been pose of making capital, and not for the purpose of snbserving the made by any Congress. That may be so ; but gent1emen forget that best interests of the Government. lam not surpr~sed that one so this is a great, a growing, and a progressive country. They say we shrewd as the Senatorfrorn Ohio sees the importance of recommitting are in debt. How does a good, prudent business man get ont of debt T tLis bill nnfl cutting i.t down also. Suppose you had a plantation of five hundred acres of land, ancl you But, Mr. Pre 'ident, this Government is established for the good of had the hands, as well a-s the land and the mules, to run a place of n. the people, and the improvement of rivers and harbors and keeping thousand acres, bnt you had not the money for the needed implements them in un,vigable condition pertains to the interest of this people. and provisions and forage; yet you had every other thing necessa.ry to Some of the appropriations, I .doubt not, are not deserving. That run a plantation of a thousand acres. Your crops of a thou and acres has a.l ways been the case; but the most of them, I presume, a1·e would make say $10,000 over and above all the expenses, while your 1876. CONGRESSIONAL RECORD-SENATE. 4655 five hundred acres would yield but $5,000 profit. You, by the use of in the whole history of this coimtry the appropriations have been your credit, increase that plantation to a thousand a{)res, and your · some $79,000. Tha~ is a very important commercial point. That in profits over and above all expenses are doubled. I ask if .any pru- fact i_s almost the Clyd? of America, where iron ships are being: built dent man would say that you should not use your credit for the and Iron vessels repaired. These are not works of local rmpot- purpose of increasing your business in order to enable you to in- tance-- crease your profits and thereby pay your debts Y It is business; it Mr. MAXEY. I did not propose to yield to the Senator from Dela- is prudence; it is. commol?- sen~e.. Agai?, s~ppose !1 mercha:J?-t, who ware t? interject a speech. He has gone very far beyond the point by his prudence, his sagacity, his mtegnty, IS runmng a busmess of for whiCh I yielded. $100 000, and is enabled to increase that to $200,000. Necessarily be Mr. SAULSBURY. I wanted to correct an error in the statement must employ more clerks, pay larger bouse rents,_his freight and other of.my friend. bills will be larger; but the net profits after deducting all these ex- Mr. MAXEY. I have heard the statement. I do not care to have penses are greater. But according to the theory of keeping the ex- a speech inteijected into mine. I prefer to .make my own speech, penses down to a fixed figure, you must lose all these increased profits, and then the Senator is at perfect liberty to answer, if he can, any- pecause it costs a greater outlay to get these increased profits. In thing I may have said. other words, notwithstanding our country contains a population of I learn now that what is dignified in this letter of the Chief of En- 44,000,000 people, notwithstanding that the commerce and produc- gineers as Broadkiln River is simply Broadkiln Creek, and that Del- tiona of this country are wonderfully increasing everywhere, we must aware has gotten an appropriation for this great national thorough- ta'ke the commerce of this youn~ giant, lay it upon the bed of Pro- fare of Broad1.~ Creek. But the Senator says what has been done crnstes and say to the producers, 'If you dare to go beyond four mill- for Delaware has been for great national purposes. We heard the- ion expenditures we will cut you off at the knees ; you shall not do eloquent Senator from Georgia a-sk last Saturday for an appropria- it." That may be business, it may be prudence, it may be economy. tion for a river in Georgia, which bore upon its bosom to the com- It does not so seem to me. merce of the world one-fourth of all the lumber shipped in the Union. The Senator from New York greatly opposes this bill. If you will If that is not a great national enterprise, what is a national enter- turn to the expenditures in the State of New York for rivers and bar- prise f So much, then, for Delaware. bora, as shown by a letter of the Secretary of War transmitted to the I find by reference to the same letter with the statistics furnished other House on the 3d of February, 1876, and published for the use that Maryland received 1,041,537.50. I find that Ohio received of the other House, accompanied by a letter of the Chief of Engineers $2,046,928.18, and this exclusive of the Ohio River, which washes the of the 1st of February, you will find a full and complete statement of entire eastern side of the State of Ohio and drains many of her rich- all expenditures in each State of this Union for rivers and harbors est and most beautiful valleys, the improvements on which river in- from the year 1824 down to March 3, 1875, inclusive. In the State of ure to the benefit of the State of Ohio as mnch as they do to any New York alone those expenditures amount to $7,332,603.46. Thus it other State in the entire Mississippi Valley. Yet outside of that will be seen that the American people have paid for the benefit of river the State of Ohio has got within her borders and for her benefit the single State of New York more money for the improvement of $2,046,928.18 for her rivers and harbors. I will read some of the items: these rivers and harbors than is asked in this bill, incre~sed as it has Huron Harbor, Ohio ................................................... $97,273 71 been by the Senate amendments, for the whole American Union. The Black River Harbor. Ohio .... -----·------ ............................. 168,204 77 State of New York alone has had this vast sum of $7,300,000 appro- Clevelan~Harbor, Ohio-................................................ 391,244 84 riated b the whole people of America for the improvement of her Grand River Harbor, Qhio ............................................. 204,670 29 P Y . d l h h h Ashtabula Harbor, Ohio ............................................... 263,901 21 rivers and harbors. They are mamly compete 1 , at oug we ave ConeautHarbor,Ohio ................................................. 106,629 93 in this very bill appropriated several hundred thousands more for . . . . that State. It will be remembered that in the West and in the South The Sena~or from Ohio said the oth~r day .that Ohio h~d nev_er ~k~d there are States which are rising progressing, coming up in wealth, for one solit~y dolla~ nor had ob~amed It for anyt~m~ ~1thin Its in commerce, in improvement, 1n 1 population. For the purpose of bord~rs peculiarly ?hiOan. Here 18 another approprtation · . opening up these rivers and harbors, these arteries of commerce in Cunningham Creek, Ohio·-··----·------------·--····------------·--··- $19,78112 order that what th~y raise may get. into the commerce of the worl~, That is scarcely, I presume, a national highway. It is in the State sound judgment, Wisdom, prudence, economy demand that appropr1- of Ohio, I presume. The Senator from that State knows much better a.tions should be made. . . . than I do, for I never heard of it before. I find that Sandusky River, I have taken the largest State m the Amencan Umon. I come not the harbor of Sandusky, but Sandusky River, within the limits down then to the State of the Sena:tor, [Mr. SAULSBURY,] who had of the State of Ohio, received $30,000. So they can appropriate there something to say in regard to the bill, ~he smallest State, the State when they set their heads to it moneys for improvements of their own of Delaware. I say ~hat State has r~ce1ved $2,709,75~.70 out of the waters, within their own borders, for both creeks and rivers. r, there- pocket.s of the Amencan _people for nver an~ harbor rmprove_ments . . fore, cannot see that the State of Ohio is any better than the other Mr. SAULSBURY. Will the Sen~tor be kind enough to pomt out States which are claiming something. for what improvements, for what nversf I want to look at another little item for the benefit of the distin- Mr. MAXEY. Precisely; with the ~eatest pleasure. guished Senator from Vermont, [Mr. EDMUNDS.] Mr. SAULSBURY. Does the Senator include the Delaware break- Burlington Harbor. Vermont, $37!, 172 20. water T Deepening channel between the Hero Islands, Lake Champlain, $21, 000. . Mr. MAXEY. I am spe~ug of ~hat ~he Senat~r's State got for Mr. EDMUNDS. May I ask the Senator, deepening what f rivers and harbors. I can giVe the lte~s if yo~ desire them. The PRESIDENT pro tempore. The Senator from Vermont appeals Mr. SAULSBURY. I prefer you to giVe the 1tems. to the Senator from Texas. Mr. .MAXEY. Mr. EDMUNDS. I inquire of the Senator from Texas to state Improving N:ew Castle Harbor, Delaware, $177,000. again, dee.pening what channel f • Improving Wilmington Harbor, Delaware, $79,356. Mr. MAXEY. I will leave that out. I will start out with the Sen- Delawarel>reakwater, $2,168 403.70. t r' f 'te Improving BroadkilnRiver, Delaware, tlO,OOO. a o s avon · . Mr. EDMUNDS. I prefer the Senator to state, if he is kind enough I suppose that this last is one of your great national improvements: to state, what he has just read. Piers at Lewes, Delaware, $275,000. Mr. MAXEY. I first read this item: Mr. SAULSBURY. I desire, if the Senator will allow me, to say Burlington Harbor, Vermont, $3n,172.20. that everybody who knows anythin_~ about the character of the Del- The next item in this table is: aware breakwater knows that, while it is situated within the terri- Deepening channel between the Hero Islands, Lake Champlain, 21,000. toriallirnits of the State of Delaware, it is a work of national im- I will now read the Senator's favorite, the creek which has existed portance and is not designed to benefit the commerce of Delaware. It since the Declaration of Independence, according to his speech of is situated at the mouth of Delaware Bay, where shipping from the Saturday; and which, according to some, is an utterly unconstitu- ocean can take refuge in time of storm. It is comparatively of no tional meek, and has no business to be in Vermont: value whatever to the commerce of the State of Delaware, and never was designed to be. Again, with reference to the ice-harbor at New Improving Otter Creek, Vermont, $15,000. Castle, we have but comparatively very little commerce at that point, I understand, Mr. President; that the records of t.he Department but it is a very valuable point to all the commerce going up the Del- will show, as I will state for the benefit of my democratic friends, aware Bay to the city of Philadelphia. When the ice forms in the that a bill for the improvement of Otter Creek, which according to river, it is necessary that the shipping corning in from the ocean the Senator from Vermont is ten t~es de.eper than any stream in should have some place of refuge. Hence that ice-harbor at that North Carolina, although but seven miles long, was approved byGen· point was established, not for the benefit of the State of Delaware eral Jackson himself. So that we have tolerably good democratic au- or the commerce of Delaware, but for the general commerce of the thority for it. · whole cotmtry. I say now, with the exception of the appropriation So I rnirrht go on in every one of these improvements. I am not of $10,000, to which the gentleman has referred, for Broadkiln Creek, blaming the Senators for whose States the appropriations were mamine the allegation a.rm, will be drawn in, and so will he. The survey h~ving been made, touching past appropriations forrivers and harbors in New York, and estimates follow. That ie the natural, intended, and inevitable re- the further allegation that thew bole nation bas been taxed that New sult. The work is fonn'l to be fenaible, and the engineers state hmV' York might receive these contributions. The taxes paid by New York much it will cost. This year these surveys and estimates brought to prior to 18GO, I havo referred to, and I now speak of the truth since. us amount to $14,000,000. Then what happens f Everybody must While the income tax existed-a war tax, brought on by the rebell- see that all the estimat.es cannot be adopted and the money appro- ion-New York, with one-tenth of the population, paid more th'1Il priated. There must be picking and choosing, a.nd somebody must one-third of the entire tax. New York, witlrone-tenth or one-eleventh pick aml cho0Se. How is that done f Members in each House, mem- of the population, yields to the General Government now nearly, if bers from localities where for any motive-and I ,,-ill not deal in mo- ·not quita, one-third of the entire present revenues. Sixty-odd per tives-there is a strong disposition to obta.in an exptmditure of money, cent. of customs duties are collected at the port of New York, and a members in the Houso, members in the Senate, members in commit- proportion· of the internal revenue of which I do not stop to speak tee join a strife and competition for two pnrposes1 first to get that exactly, making in all a total of well-nigh one-third, to speak within which they want, n,nd seconil by a procesa, sometimes called '!log- limits, of the entire revenue which support.s the Government. rolling," to combine enough that otlters want to give legs and wings to Thesefactswilldeterminetheweightandvalueofthestatementthat the bill; and we have the product of such methods in the bill before us. the whole nation has been ta.xed for the improvements of New York I am going, nothwitbstanding an admonition ~-iven another Sena- and her harbors. Of taxes, New York has bad the lion's share to pay, tor from the Chair, to say, anu I speak with a belief that I viola. to no wherever or however the taxes have been expended. rule, that this House bill p3BSed without one word 'l>f debate. That Now a few words about the $7,000,000, and where it has gone. The is not out of order. I say the bill passed under the previous question, :figures will show that nearly one-half the sum bas been bestowed without any amendment being allowed, and I hold up the Manual of upon three works. What are they Y Hell Gate, as it is called, rocks parliamentary law when I deny tha.t such a statement is out of order. lying in t,b e throat of Long Island Sound, hidden rocks enda,ngering I say this bill, like the three or four preceding river and harbor bills, all the coastwise trade of the nation, lying in the pathway of all the was made up, a.s we know,-and I speak of no proceedings in the boats passing np and down the Atlantic coast through a great and House,-by a subcommittee; made up by a subcommittee of two or crowded strait within the geographical limits of the State of New three or perhaps four men; passed a~ so made up through the Com- York; a work no more local in New York than the winds which sweep mittee on Commerce; and was carried into the Honse where the pre- her plains, or the waves that wash her shores. vious question operates, if I may borrow the words of Mr. Webster, Wbat is the next work f Improving the Hudson River; that river with the precision of a trip-hammer and somewhat of its monotony. flowing in a valley which together with the Mohawk was decreed by Now, sir, I repeat, all this is not out of order, and it is true. And nature to be the carrying-place to the ma.rkets of the world from the thus we have in this case and in other cases a survey and estimate granaries of the West-from that great basin, between the two water- for all manner of things with a total of fourteen millions; then two sheus, two thou and miles long and fourteen hundred miles wide, or three gentlemen sit down and pick and choose from that fourteen blessed with fertility capable of feeding the world. Between the million the items for which a vote shall be &sked, these iteiD.S are lo- prairies and tide-watertherecan be no such northern route; it has been cated here and there, perhaps for reasons disti,lled from the pure impaired by rival powers, but it remain~ the great carrying-place for alembic of judgment, perhaps for reasons concerning the commerce the cereals and products of the West. Canada by building the Wal- of the country and that only, and perhaps for rea.~ons which have land Canal, by so adjusting ocean toll-sheets that English bottoms nothing to do with the ostensible objects of the bill. Being p~d from Montreal, Halifax, and elsewhere, may just underpid American through the House as it is presented, without discussion, without bottoms, has somewhat impaired this route; other causes hav-e pro- amendment, without debate, without the pos.'3ibility of understand- duced like effects, but the Hudson River and its continuation, the ing, it comes here. It has been by two committees of the Sen- Erie Canal, have long floated, an(l still float a commerce far greater ate the subject of careful consideration. The Committee ou Com- than that on tho river Rhine, traversing, as it does, seven sovereign- merce, as more than ono Senator near me knows, devoted night ties in the heart of Europe. It was to preserve and enlarge this chan- after night to its provisions, and days to the u_gly puzzles they pre- nel, running to the wheat-fields of the West that about a million dol- sented; and then, because by the order of the tsenate so many mem- lars during half a century have been appropria.ted. bers of that committee were sent to a ilistaut State that it was long What is the third work which the tnble of·the Senator will speak without a quorum, the bill was referred to the Committee on Ap- of i The harbor of Buffalo ; the harbor at the east end of Lake Erie; propriations. The Committee on Appropriations examined it with that harbor which land-locks and protects not the propellers of New great care and came here with various recommendations, recommend- York, not the barges or the craft of New York but the vessels and ations of two sorts, fir t that a large number of these appropriations, cargoes of Wisconsin, Ohio, .Michigan, Illinois, and every other State not less than seventy-eight in number, ought not per se to be granted; whose capital is embarked on the great lakes. The products of every and, second, recommendations showing that if the amount of money wheat-field, mine, forest, and pasture west of the city of Buffalo, seek- is to be expended it should not be expended on the appropriations ing movement to tide-water, are protected and kept in safety by the designated by the Honse, but upon others instead. Four days when harbor of Buffalo. this da.y is completed will have been devoted by the Senate to these These three works,.M:r.President,constitute n.bont one-balf-Ispeak amendments; and now we are told by our honorable presiding offi- from recollection-of the table which the industry of the honorable cer, who avowedly speaks for Michigan, who does not bli.nk the idea Senator has produced. If in viewing them, if in contemplating the that a river and harbor bill is what the children call a grab-bag into history and the facts, Senators can discover an argument in favor which everybody is to plunge and get what he can, who does not of dredging a creek in the hope of obtaining twenty inches of water, blink the doctrine and helping out the cord-wood or saw-logs of a little neighborhood, That they should uke who havo the power, so be it. If the Senate can see the analogy between these works and And they should keep who can; improvements made on little inland streams wholly within States and even single counties-streams which the Supreme Court has decided that the House bill is the true solution of the whole problem. are not national highways, are not public navigable rhrers, but which He calls on" the friends of the bill," as he denominates them, to rally lie who1Jy within tlle domain and jurisdiction of the States,-streams each for his locality and his interest and do-whatt Discard by one sin- which the States may bridge, or dam, or divert-streams belonging to gle understanding all the amendments adopted by the Senate, adopt by riparian owners, so be it. I think it will puzzle the l10norable Sen- one single understanding all the propositions made by the House, incur- a.tor from Texas to vindicate the provisions of the Honse bill in va.ri- ably vicious as some of them are conceded to be, and accept as an ul- ous of its provisions, by finding that in the grea.test harbor of the timate product of perfected legislation the schedule made by two or country, and in the track of the·grea.tcst commerce of the hemisphere three members of the Honse who !:!at down and selected from 14,000,000 it ha.9 been found wise, in the estimation of Congress, regarding t.he $5,872,000. Mr. President, what a comment is this upon those infirm general welfare, to bestow appropriations upon indispensable works. processes of legislation of which Thomas Jefferson wrote! What a 1\fr. President, I have no doubt of tho power of Congress· to appro- comment it ie upon his cup-and- saucer illustration-his saying that the priate mo:Q.ey to i.Dlprove navigable rivers; they- are the public high- two Houses, one like a cup in which the tea might be too hot, and the l87·6. CO~GRESSIONAL RECORD-SENATE. 4659 other the saucer which would cool it, together would produce health- this kind of legishtion. If its expenditure does not do that, it will ful temperature! After all the ado of legislative action, after an be wasted indeed. the action of two committees of this body and four days given in the One word more and I have done. I believe it to be the duty of the dying hours of this session to a consideration of the bill, we are con- Honse of Representatives and of the Senate to scrutinize this bill and jured to go back and accept the work, necessarily crude, done by two every other, to reduce to the lowest sum, compatible with the public or t,b ree members of the House, which received in bulk as matter of interest and the considerations honestly involved, theamonnt of money little more than form the imprimatur of a Honse by which it never to be appropriated. In so far as any membnr of this body, in so far was considered. as any Department of this Government, legislative or otherwise, has This would indeed be a lame and impotent conclusion. striven to do that, no man has heard, no man will ever hear me charge Dropping now all discussion of this particular bill and its oddities him or charge it with revolution, with usurpation, with repudiation. if oddities it baa, I venture to make one general observation. I as- I do not believe honest retrenchment to be blamable anywhere. I smne from the response which some of us saw and from the other believe that if the House of Representatives say "We will not ap- response which we all beard to the bailing cry of the presiding officer, propriate needed money unless you will agree to repeal the re!lnmp- ''that the friends of the bill," not only the dwellers in the valleys but tion act; we will not appropriate money unless you agree to repeal in the bill country round about ou every side who have little pet in- the election law; we will not appropriate money unless you agree io terests or large objects of concern in this bill are to come up, not with transplant the Indian service from the Interior Department to the a chorus but with a vote ea.cb, to reject, good, bad, and indifferent, War Office, or unless you will agree to do some other matter in- all the Senate amendments and adopt, good, bad, or indifferent all the dependent of appropriations and concerning existing law"-if the items put in by the committee of the House, and so to pass the bill. House shall do t.hese things or any of them, I believe the Senate The mot-ives for this are so obvious that one of them would teach me has a right to do all things of rightful resistance, and then, like the its probability. If the bill should be amended at all, it would go apostle, stand. But when the question touches the improvemennt back to the Honse, and going back to the House no man knoweth that of a harbor, or the amount that should be paid for any service, grad- the previous question would prevent one lisp of explanation or even uating the sum which shall be received by an individual or a corpo- the reading of the bill, and for aught we kno'Y if it were committed ration under an appropriation bill, I believe it to be fair matter of to the wild winds and waves of the Honse it might be read aloud in legislation, of consideration, and of action in one Honse and in both the bearing of the members-nay or it might be amended; and re- Houses; and-in so far as the .Senate under the lead of conference com- membering the zeal which attends it, all this would be too slow. I mittees has consented to the reduction of appropriations where those assume that the dwellers in Mesopotamia, -and in Sandusky ; that reductions could be properly, sa-fely, suitably made, I believe they the democrats of the strictest sect, especially the Jeffersonian demo- have done service to the country and that the Senate has done service crats, the strictest constructionists of the Constitution, the demo- in following their lead. In what cases these reductions will turn crats who believe that States ought to carry on State works, that out to have been wise and safe, and in what cases unwise, .J do not the State of New York illustrated the Constitution when she expended know. I make no observation upon it.; I am speaking merely of a many millions of her own to make an artificial river three hundred principle, and I speak of it to ask Senators, to ask Senators especially and thirty-five miles long and seven feet deep, held in artificial on the side of the Chamber which just now specially affects a heroic banks, a river carried over steams by aqueducts aud through mount- and I might say spasmodic virtue on the subject of retrenchment . ains by excavations, and other artificial rivers in all twelve hundred and economy, how they can reconcile it to themselves in this era of miles long; all the democrats who approve of a. cont)truction of the scrutiny and care, to vote for a bill which confessedly-yes, confess- Constitution which commits wholly to States the exertion of such edly-contains appropriations unjustifiable at any time, improper powe:rs, will perhaps make haste, and see which shall be the first in ever to be made according to the report of the engineers, according flinging flown his representative crown before an opportunity to gain a to the admission of the Senators from the State in which the work is local appropriation. We shall see when the yeas and nays are recorded. to be situated, a bill which contains appropriations improvident, un- It ha.s been said tha.t it is an ill wind that blows nobody any good. necessary, unfit, wrong at any time-how they can reconcile it to The procesS' and habit of river and harbor legislation is radically their new evangel of economy, retrenchment, and improvement, to wrong. In this bill ~tand appropriations for wh1eh no Senator would swallow such a bill whole, to take it" with all its imperfections on answer. In this bill stand appropriations to be expended in locali- its head" as it emanated from a subcommittee and received the stereo- ties which no member of this body knows. In this bill are appropri- typed imp1•i1natu1· of the previous question wit.bout amendment or ations for the smaller States at places the location of which neither of debate. No, Mr. President,lf there is any sii;J.cerity in the idea that the Senators from those States knows; the name of which we never appropriations shall be reduced, I a.sk Senators to observe that sin- heard, and which are not found in Colton's atlas, ~r in any gazetteer cerity in dealing with a bill, some parts of which no Senator has risen we are told. I rest a remark on these facts. to justify. · Mr. CHRISTIANCY. Does the Senator refer to the port in Michi- Mr. THURMAN. Mr. President, I shall not follow Senators in the gan called McCargoe's Cove 7 very discursive debate that has occurred this morning on this bill. Mr. CONKLING. Does the Senator think I referred to that T I shall endeavor to be very brief in what I shall say, and confine my- Mr. CHRISTIANCY. If that is what the Senator refers to, I can self to what roolly, in my judgment, demands the earnest attention of give him the information. the Senate. First, however, let me dispose of a little matter prelim- Mr. CONKLING. I have so much more confidence in my friend inary. Last Saturday afternoon I find by the RECORD-for I did not than I have in myself that I leave it to him to say whether that is happen to be in the Senate at the timethe words were spoken-the one of the places. Senator from Iowa who h:ls this bill in charge [Mr. ALLISON] ad- Mr. CHRISTIANCY. I heard the remark made. dressed an argumentu1n ad lw1ninem to me in these words: Mr. CONKLING. Mr. President, this bill is brought forward at a When this bill came back into the Senate every itemof appropriation struck out time when we are told prosperity 1ies bleeding in the streets, when by the Committee on Appropriations waa re-inserted in the bill, and the Senator we are told that every branch of industry is languishing and that the from Ollio who now favors a reduction o.f the total o.pprol,)riation to $4,000,000 voted people are bowed down under a weight of taxation, under a crush for the increase of every appropriation in his own ~tate abovet.herecommendation of public burdens which no patriotism can support. of the wmmif.tee, and notn,bly so in two instances where the engineer officer in charge of the very work stated to us that the amount su)!gested by the wmmittee I think the presence and success of snell a bill at such a time, will waa sufficient to carry on that improvement for the present year. make and leave an impression. I hope that some of the able mem- bers of the House, and the Senate-those whose lead we follow-will -I do not know what are the two instances alluded to by the Sena- consider whether there should not be some substitute for this random tor from Iowa, but this I do know, that in every case the appropri- inexact methtld, a commission, if you please, of men expert in such ation I advocated ·was far less than the estimate of the engineer. affairs, and above all things responsible for their plans, and acts, and Mr. ALLISON. Will the Senator allow me to interrupt him' recommendations, men to inquire and ascertain and determine and .Mr. THURMAN. Certainly. certify on their oaths a definite projet, a budget, each year for pub- Mr. ALLISON. The Senator from Ohio, if I remember correctly, lic improvements to be submitted to Congress; the matter to be so advocated the appropriation of $30,000 for Sandusky Harbor and guarded that like any other board, or commission, or special tribunal, $75,000 for Cleveland Harbor. The Committee on Appropriations it will be responsible, to the end that appropriations for rivers and recommended $25,000 for Sandusky Harbor and $50,000 for Cleveland harbors may not be, as has be-en said of foreign mission donations, Ha,rbor, and did so on the recommendation of the engineer in charge the application of a dollar to an object and the expenditure of $5 in of each of those particular works that he oould get along with that the proceas of applying it. I believe some such expedient should be sum; and therefore I sa.id that inasmuch as the Senator from Ohio substituted for all this. I believe that this very bill at this time, if had increased the appropriations in t.his !Jill as they came from the Senators and others are sincere in the appreciation t.h.ey say they have Committee on Appropriations, to thB.t extent he was responsible for of the general poverty and distress, will be considered an era in this the increase of this bill. That is all I meant to say. species of legislation, an occasion to which thought shoulll be given, Mr. THURMAN. That will be responsible to the amount of $30,- and which action should follow~ 000. I can stand that pretty well. Mr. President, this bill appr{)priates many items, making up a large Mr. EDMUNDS. If yon are not obliged to pa.yit yourself, but pay aggregate, which ought not to be appropriated, sometimes because it by taxation. the amount is wholly inadequate; sometimes because it is entirely Mr. THURMA...'l'f. 0, yes ; we shall see about that. What did I say inopportune now, owing to the condition of the work; sometimes be- about Sanduskyf Let me see · cause it is entirely needless and will be improvident in the end at There is a very small difference between the Honse bill and the proposition of any time; and this money if it shall buy anything of value to the our committee, $5,000. I wish to sal tllat, I have a personal knowledge of the har- bor at Sandusky City, and I knowo no har bor tbat requires an appropriation much country, will purchase attention to this subject, and to the vice of m,ore than that harbor It is one of the most tortuous channeLs t-hat I know of on 4660 CONGRESSIONAL RECORD-SENATE. JULY 17, L::Lke Erie into the port, and my own impression is thn.t $30,000. is a small apprOJ?~a­ fom'ld that he would ~o but little way until the river falls over a tion. I do not, however, want to call any yeas or nays upon It or make any dt~S· ledge of rocks; and it 1s only that deep part below the ledge of rocks ion. I should be glad if the appropriation should be lef t for Sandusky as the bill came from the House. It is n. matter too small, however, for muoh contest. aml within the city of Sandusky, and forming a part of 1ts port as much as the East River between Brooklyn and New York is part of I think that was rather modestly put, and t.be whole amount of dif- the port of New York, that is covered by this appropriation. I am ference was $5,000, and the amount in the House bill was far less glad the Senator has produced this report; and it affirms the truth of than the estimate of the engineer. Of course the engineer said be what I stated, that for the improvement of any river or stream, not could get along with 25,000. He might have said lie could get along a. port, but for the navigation of a river or stream lying wholly within with 2,500. Then in rega1·d to CleT"eland the engineer estimated the boundaries of the State of Ohio not one dollar ever was appro- $200,000, and the House gave $75,000. Our committee cut it down to priated by the General Government. $50,000, one-fourth of the estimate of the engineer, and wbyf Be- Now 1 Mr. President., having disposed of those matt-ers which are cause the engineer said be could get along with 50,000; and what I prelimmary, I have only a few words to say upon the subject of this have just said will apply to that: he could get along with $5,000, I bill, for I do not believe that any great good is to be derived from suppose. So that in no case have I advocated any appropriation up debate. I am not going to follow the Senator from Indiana, [Mr. MoR- to or equal to the estimates made by the engineers; indeed, far less TON,] who made somewhat of a partisan speech this morning; but I than the estimates. do commend what he said to the considerat.ion of my democratic Well, Mr. President, the appropriations made for Ohio in this bill friends on this floor, for if this bill passes yon will hear much more are very small. I do not complain of tha.t. They were small even in of the same sort between now and November next, and I think you the House bill. Retaining the House bill, they will be still small for will deserve to hear it, too. Ohio. I do not complain of it. I do not ask to increase any amount Mr.l\1ERRIMON. Will the Senator allow me a word! that was in the House bill. Nay, more, if my motion shall prevail Mr. THURMAN. Certainly. and there are more meritorious works than r.hose in Ohio, and it is Mr. l\1ERRil\ION. The bill as it came from the House is a retrench- necessary to reject works in Ohio in order to cut the bill down t.o four ment bill. It appropriates in tQ.e neighborhood of a million dollars millions, I say now to my friend, cut down the Ohio appropriation; tnJre less than the bill of last year. only those that are most meritorious, for which there is the greatest l\fr. THURMAN. I am speaking of the bill as it now is. necessity. Do it if you can; but I think you will find some trouble l\fr. MORTON. Will the Senator allow me a word f in selecting a more meritorious work or one of more national impor- l\fr. THURMAN. Certainly. tance than the harbor at Cleveland, or one that deserves better than Mr. MORTON. I have not been here during the discussion of this the harbor at Sandusky. I think it will be found a little difficult to bill; but I am advised by those who have been that the Senate discover any more meritorious appropriations than these. But I say amendments striking out certain parts of the House bill were voted again, let every appropriation stand on its own. merits, and if there down by both parties here, and largely by my democratic friends; are places that are more deserving of appropriations than those of and that the additions which have been made to this bill in the Sen- Ohio named in this bill, and it is necessary to reject in order to get ate have been largely made by the votes of the democratic members down to four millions, then I say reject those in my State. of this body. In other words, they were made by the votes of all I am quite in earnest about this matter, Mr. President. This bill pru.'ties; so that this bill as it stands here to-day is as much the bill is a monstrous bill, in my humble judgment, as it now stands. I say of the democratic members of this body a.'! any other portion of the nothing about motives; I say nothing about the history of the bill; Senate; and if that is so, that is an end to the talk about retrenchment. but I say right on the face of the bill itself. the idea of appropriating l\fr. MERRIMON. But it is the bill of the Senate; and the bill of in 1·ound numbers 7,000,000 for river and harbor improvements at a republican Senate at that. this time is to my mind a monstrous proposition. I know very well Mr. THURMAN. Both gentlemen are right, no doubt. This bill that in the eloquent speech that we heard fi·om the Senator from breaks over all party lines; that is the truth about it. It is stronger Texas [Mr. MAXEY] this morning very much was said about the fruit-s than the resolutions of 17~8 by a long way; that is perfectly clear; that we were to reap from the seed that was to be sown by this bill; and it is stronger than any interpretation of the Constitution that bnt before I take any notice of that let me nqtice another thing that ever was given by the most latitudinarian man who ever held a seat wa.s said by that Senator. on this floor. That is hue, too. It breaks through everything. It He called our attention to the fact that in fifty-one years the ap- is like a great freshet that carries everything before it, blots out all propriations for ports in Ohio amounted to $2,000,000-$2,000,000 in lines, scatters desolation everywhere. fifty-one years. Well, sir, let me tell the Senator that one single But, Mr. President, one word more about this bill. I believe that cuunty in my State pays four times that amount of internal-revenue we cannot afford to appropriate more than 4,000,000. I do not think tax in a single year; let me tell him that the State of Ohio has paid we ought in the circumstance of the case to do that. The Senator within the last nine years $200,000,000 of revenue tax alone; and let from Texa-s says we have 44,000,000 people, and I oft~n hear the ex- him then ask himself whether or not that State is not entitled to pression that we have boundless resources; and yet we hear every some care of her ports and her harbors . day people talking about a million or a million and a half of men in .Mr. MAXEY. Will the Senator permit me a word f . this country being without employment. Why, sir, there is a country Mr. THURMAN. Certainly. that has more than 200,000,000 people nnuer one government, and yet Mr. MAXEY. I am not disposed to detract from the State of Ohio; we would not set them up as an example to be followed, nor do we very far from it. I admit the greatne s of that State, its growing envy their condition or the condition of the laboring-men in t.hat and increasing prosperity; but the point I make is that these very country. There never was a greater fallacy in this world than to ad- appropriations to the amount of over 2,000,000 which they have re- vocate extravagance! whether it be extravagance in private life, ex- ceived from the Government have aided them in developing the tr:;~,vagance of municipal governments, extravagance of State gov- wealth of that country; and that we, the undeveloped West and the ernments, or extravagance of the Federal Government, under the undeveloped Southwest, want also that which he has received, so idea that the people of this count1-y have boundless resources. No, that we may be great and prosperous, and have one country to pay sir; they have not boundless resources. The resources of no people this great tax. are boundless, and there never were a people so rich that extrava- Mr. THURMAN. Beyond all qnestion these improvements have gance might not bring them down to poverty. That argument will been of service, otherwise they ought not to have lH en made; but in not do. the faoe of the facts I have stated-and I have said not a word about A word now a.s to the proposition of the Senator from Vermont, [Mr. the amount of the customs duties that Ohio pays, which will amount EDMUNDS,] which I forese.e is to antagonize a recommitment of this to about 20,000,000 a year, estimating it upon her population, or bill. Although there is an example of it, a precedent for it, I do nearly that-certainly it must be admitted that the Government has think that it is not a good way to appropriate money. not been lavish with the State of Ohio. Mr. EDMUNDS. The Senator says there is a precedent for it. Is Again, I sa.id in the remarks I submitted last Saturday that Ohio; not the Senator aware that for the first ten or fifteen years of this never had asked for an improvement of a river wholly within her Republic, in its pure days, the appropriations were almost all of them borders. The Senator calls my attention, in answer to that, to a doc- made in that way for the foreign service and for the internal service ument which he produces, and he reads from it: "For the improve- and soon T ment of Cunningham Creek." Why, does the Senator know what Mr. THURMAN. I do not think there was a river and harbor bill Cunningham Creek is that is here spoken of T Does he know that it in the first fourteen or fifteen years. is a port right on Lake Erie, not the improvement of a stream wholly Mr. EDMUNDS. There was what came exceedingly near it, if tho within the boundaries of the State of Ohio for navigation along that Senator will look at the statutes. stream, but the improvement of a porU Mr. THURMAN. It was so small that you would not recognize it Mr. MAXEY. There may be a misapprehension of language. I as the progenitor of this bill which is before us. never did understand a creek to be a port. Mr. EDMUNDS. You would on the Darwinian theory. Mr. THURMAN. I will show the Senator another case right here, Mr. THURMAN. Who would say that we should make appropria- and I can show him plenty. The Chicago River at Chicago is im- tion of $20,000,000, and place it in the hands of the Secretary of \Var, proved in the same way, because it is part of the harbor; ancl the to conduct the military affairs of the country and pay the expenses same is true of the East River and the North River at New York. of the Army i Who would say that we should do the same thing for Take the other case whichhe cited, "Sandusky River, Ohio, 30,000." the Navy or any of the other Departments f The truth is, we were The river to which that appropriation applies is just as much a part accustomed a few years ago, and I remember very well that the Sen- of the port, and any part of the bay of Sandusky is a part of the port. ator from Vermont helped to correct it and I had a little, humble part Iftb,e Senator had been there and gone up that stream he would have in helping to correct i~, to group togetper nearly all the objects of • 1876. CONGRESSIONAL RECORD-SENATE. 4661 naval approp1·iations in a l)ill a page long or two pages long and then by the Supervising .Architect; and in a committee of conference, of appropriate so many millions in bulk, leaving it absolutely in the dis- which the Senator from Ohio [Mr. THUID:IAN] was one on the part of cretion of the Secretary whether he would apply a cent to one object the Senate, the Senator from Minnesota [Mr. WINDOM] another, and or appropriate all to another object. That was a very vicious way. I do not remember the third member, the Honse absolutely demanded The Senator from Vermont opposed it. that that appropriation s8ould be stricken out, and the Senate agreed Mr. EDMUNDS. So I did ; but if the Senator can show that the to it, len.ving the public buildings in the city of Chicago without be- cases are parallel there will be something in his point. ing covered in, to be exposed to the weather duriug the winter sea- Mr. THURMAN. I think they are parallel. I do not think that son; and this was done by the House committee on the ground that mode of appropriation or this mode of appropriation is according to economy demanded that it must be done. That, very same Con- tho spirit of the Constitution, which requires that no moneys shall ~ess that is so economical that it cannot appropriate money to cover be drawn from the Treasury except upon appropriations made by m buildings the roofing of which is recommended as being absolutely law, which men,ns that we are to exercise our judgment as to the ob- necessary, can appropriate over $1,000,000 for surveying creeks and jects for which money is to be spent. At all events, Mr. President, spring branches and hollows, and places where water never runs ex- whether that is the ca~e or not, it does seem to me that that ought to cept when it rains, for political purposes all over this land. That is be only the last possible resort, and that we ought not, unless all othet the character of economy that we have now. That is the kind of re- means fail, to vest so great a discretion as the expenditure of $4,000,000 form that we have. The Government is to let buildings be destroyed in one man, and he a political officer, with power to use what objects that absolutely need appropriations for their protection, and the be will foster and what objects he will give nothing to. Just look money of the country is to be squandered for the purpose of electing at it. You put this $4,000,000 into the hands of the Secretary of War; somebody to Congress. he may expend as much as he pleases upon one object or as little as he Now, in order to make this thing plain, so that we may all under- pleases. He can ·s elect just where he pleases and reject just what he stand it, I want to call attention, and I propose in my feeble manner plea.ses. I do not know, with the single exception of the precedent to defend somewhat the Committee on Appropriations in the Senate read by the Senator from Vermont the other day, of any such tl:ing for what they have done on this bill, and I want Senators as I go in the history of the Government, D·lwa.ys excepting the naval appro- along in the different States where these n.ppropriations are made, if priation bills of which I spoke a while ago. I think that was an they desiro to do it, to explain something about the character of these abuse. I opposed it. It h:Js been to a great extent corrected, and I rivers and harbors that the House feel such a great interest in hav- do not like tho idea now of setting a worse and looser precedent than ing surveyed and having money expended upon; and I desire to call even that. the n,ttention of the country especially to tho location of these par- I hope, therefore, that this bill will be recommitted, rmd recom- ticular appropriations. First, beginning on line 142: mitted wHh the instructions; n,nd while the Senator from Michigan, For the improvement of the French Broad River between Brevard and the Bun· the President of the Senate, warned the friends of this bill that they combe County line, North Carolina, $15,000. must raJly to its support, 1 say to them in perfect good faith, you are For the improvement of Pamlico River, North Carolina, 25,000. For the improvement of Clinch River, Tennessee, .. 12,000. in danger of losing everything by asking too much. For the improvement of the Hiawassee River, Tennessee, $10,000. Mr. LOGAN. Mr. President, I do not rise for the purpose of reply- For the improvement of the Powell River, Virginia and Tennessee, 10,000. ing to anything that has been said by the Senator from Ohio or any- For the improvement of Cumberland River below the city of Nashville, Tennes- thing that has been said. in the discussion of this bill particularly, see. but to give in a very brief manner my judgment in reference to the "Above" t.he House had it : bill and my views in regard to this character of legislation. From Na~hville to the Kentucky line, $25,000, and thence to the foot.of Smith's There has been something said here this morning in reference to Shoals, $20,000; and for Smith's Shoals, $30,000. remarks of a. partisan character. I have nothing to say in reference While the House of Representatives will not appropriate money to to that except to ca.ll the n.ttention of the country to some of the pro- cover in public buildings that are absolutely going to Joss, they ap- visions of this bill and some of the omissions in other bills. When I propriate thousands of dollars in certain localities where there is no hear the sound in a.U directions of reform and economy and assaults necessity, in my judgment, in many instances for it. For what pur- made, too, upon this aud former administrations and upon the party pose' I will not say for political purposes, but somehow or other, that has been in power on account of its extravagance, which extrav- singularly it strikes democratic districts every time : agance, if that is a proper term, was produced certainly not by its own For the improvement at Sabine Pass, and for improvement of Blue Buck Bar and conduct but by the conduct of others, this bill as it is strikes me as a Sabine Bay, and for rleepening the channel over the bar at the mouth of the Sabine very strnnge kind of economy. From the arguments and speeches River, and for deepening of tho channel over the bar at t.h e mouth of Neches made this winter in both Houses of Congress, I had begun to think River, where these rivers enter Sabine Bay, $60,000. · that the object of legislation this session, so far as appropriation is All these propositions that I have read were put in by the House concerned, is to appropriate money, especially on bills of this charac- and stricken out by the Senate Committee on Appropriations and re- ter, for s.uch points or places as work was absolutely demanded on and instated by the Senate over the head of the committee, and I notice, money absolutely demanded to be expended upon, and that other too, by a solid voto on the left of this Chamber, aided by a few gen- places, rivers, harbors, creeks, spring branches, or whatever they might tlemen on the right, the balance of this side necessary to make a ma- be termed, certainly were not to be incorporated in this bill at this jority being absent. particular time, espeeia,lly by the economists of this country. Mr. SAULSBURY. I wish to correct the Senator. I voted to sus- Before referring in detail to this particular bill, I want to call the tain all the n.mendments of the Senate committee. I did vote for one attention of the Senate, a.ud especially of the Senators on my left, to amendment for the State of lfaryland, an appropriation of $5,000 for a proposition that was made in the House and the Senn.te. A letter Wicomico River, a.nd really apologized to the Senate for doing that. was written by William A.. Potter, Supervising Architect of tbe United Mr. LOGAN. Very woll. We will make the Senator from Dela- States, to the House of Representatives, in which he says, prior to the ware an exception. I did not notice that he sustained the commit- pn,ssage of the sundry civil bill: tee, but a single exception is immaterial. The Senate did not sustain TREASURY DEP.ARTME~lly unsuited to their wants, and for which enormous I'entals are paid annualfy. Tho work upon the new buildin,. has been ate and re-instated by tho Senate. delayed by a series of events unequaled in the construction of any builfung under For the improvement of Pa.ss Cavallo, inlet to .MatagoTda Bay, Texas, $4{),000. the direction of this Office, and its completion at an early dt>.y is not only a neces- For the improvement of Aransas Pass, and approaches to Rockport and Corpus sit~ to supply the demands of the public service, but will result in a large saving Christi Harbors, Texas, $l0,000. to the Government from rentals and furnish proper facilities for the mtizens of * * * ChiO!ljrO. For the improvement of the Tombigboo River, Alabama, $13,950. Very respectfully, * * * It * * WM. .A.. POTTER, For breakwater at Wilmington, California, $30,000. Supervising Architect. I read that to call the attention of the Senate to the fact that the These appropriations were all stricken out by the Senate commit- Supe~vising Architect held that it was absolutely necessary that a tee and re-instated by the Senate. certam amount of money should be appropriated for the purpose of For the improvement of Mackey's Ferry, North Carolina, $3,000. l'OO:fing in certain bnihlings in Chicago belonging to the Government * * * • * .. For tbe improvement of Pascagoula Bay, Mississippi, 810,000. in order to protect them against the inclemency of the winter season. For the improvement of White and Salnt Francis Rivers, Arkansas, 15000: of The House of Representatives absolutely refusP-d to appropriate one which there shall be expendecl $l0,000 upon White River ancl the remainder upon ropriate money for all the service of this country, tributed as probably it can be done. If there is a necessity for cut- every dollar that is nece sary, and not one cent more, but not to ting down further, which a great many Senators think there is, then strangle, stifle, or cripple any of the service, either civil or na.val or I am willing that the comrittee t.hemselves shall take tho bill and military. I will go as far as any man to do that; but when it be- cut it clown in accordance with the sense of the Seuate. I am in favor comes a political jobbery in legislatjon, drawing a veil over the eyes of referring the bill back to the committee for the purpose of giving of the people, I do not believe in any such economy. Appropriate as them an opportunity of roreporting it, either as they did report it much money as is necessary for the Army, the Navy, and the civil serv- or cutting it down in accordance with wht~tever the sense of the Sen- ice, and if you can demonstn1.te a nocessity for a reduction in that ate may be. Then, if tbe House ca-nnot agree upon it, l will take the way, make the demonstration to the country and satisfy them that proposition of the Senator from Vermont as tho best proposition we you are honest in what yon attempt to do; but when you attempt to can get; aud if we cannot get that let us have no bill at a.Jl. make that demonstration !lnd then upon a bill like this scatter the .Mr. MAXEY. I have no purpose, Mr. President, to make any addi- money of the Treasury all around the country where it is not neces- tional speech at all ; but if I correctly understand the distinguished sary for any purpose whatever, except political purposes, I say the Senator from New York, I wish to correct a misapprehension under people of the United States are too intelligent to be hoodwinked in which he seems to be laboring, that I had referred to the State of any such manner. It only is a.n evidence that men can cry economy New York in a sectional sense. Certainly nothing W::tS further from when they themselves thrust their bands into the Treasury up to their my intention. I referred to the State of New York as the greatest arm-pits and rob the people of this country and distribute the money State in tbe American Union and showed what had been appropri- for political purposes where it is not needed. It demonstrates that ated to New York. That is a northern State. I then referred to the fact, and demonstrates it clearly. They cry economy before tho conn- State of Delaware, which is the smallest State, I think, among the old try and demonstrate that they are in favor of economy by crippling States of the Union; and showed what that State had got; and I then the Army because they may dislike it, by cripplingtheNavybecauseit referred to the State of Vermont and the State of Rhode Island in has been of no particuiar service perhaps except to the country which the East, to the State of Ohio in the West, and to the State of .Mary- we propose to maintain, by crippling the civil service, by cutting land in the So nth; I:!O that certainly my remarks cannot be con- down $50 in the yearly pay of apoorclerkwhocanhardlyobtain board- strued to have been sectional, nor were they so intended. ing and lodging and decent clothing in the town on his present salary. I desire further to say that there is not in the State which I have That is tho cry of economy that is given to us here to dish out to the the honor to represent in part the slightest possible sectional feeling people. They will cut down $50 on a poor woman's or a poor man's toward the State of New York. On the contrary, the city of New salary and force the poor clerk to 1i ve in a way not decent hardly for York receives more than half of the magnificent crop of cotton which peopie to live, and then go before the country and say t.o the people, Texas produces. Millions and millions of dollars of commerce and "Why, we are for economy. Did we not strike the poor clerks t Yes, trade flow between the State of Texas and the city of New York. we did. Did we not strike the poor women in the Departments t Yes, Undoubte(Uy I have no sectional feeling toward that city or toward we did. Wecutdownsalaries; that is true. Wecutdown thenumbers. that State, and I do not indulge in sectional remarks. There is economy for you equal to a hundred thousand clollars which I desire to make a further rema.rk in connection with what I said we have saved by striking them down." They have cut them down to which the Senator from Ohio replied. It is perhaps because. I do so that the work cannot be done. Did you not cripple the Armyf not nnderstand the English language very well that he and I could Yes, vou did. You tried to cut down their salaries; yon tried to mas- not look alike. I said that the appropriation was $19,781.12 for Cun- ter officers out of the service; you tried to cut down the regiments; ningham Creek, Ohio. The Sena.tor says that is a harbor. I took the you tried to destroy the Army by putting it in a shape that no man official report of the engineer, and I could not look at it other than as ;voulcl know whether it was an armv or a confused mass of individ- I have it here. I could not make creek mean harbor. When I came uals thrown together without anything to guide or support them. to the appropriation for Sandusky River the Senator ~aid that it is Did you not cut down the Navy f 0, yes, yon did; you trietl to crip- not for Sandusky River, but for a harbor at Sandusky C1ty; but I sen .ple it. Did you not cut down the salaries of yourselves T 0, yes, in separate and distinct items- you did that. Sandusky City ha.rbor, $176,580. Every man has a right to estimate his own capacity and his own * * • worth; and the people may be satisfied that these reformers knew Sandusk-y River, Ohio, $30,000. better what they are worth than anybody else; but it was not sincere. The en ginner makes the distinction between the river and the ha,r· 1876. CONGRESSIONAL RECORD-SENATE. 4663 bor, and I cannot make river mean haruo1· any more than I can make the States to some extent, all agreeing and uniting in it, is framed creek mean harbor. In every instance in this bill, so far as I can to suit the views, the interests, and the wishes of the people through- judge, where an appropriation was made for a harbor the wonl "har- out the whole length and breadth of t.he land, as these facts evi- bor" is used, where for a river the word "river" is used, where for a dence. I shall not take up the time of the Senate in dwelling longer creek t.he word" creek" is used. I simply took the English language on this point. precisely as I found it. I think the tabular statement which 1 pre- I desire now to speak of the character of objectipu made by the sented abundantly sustains what I said in regard to the appropriation Senator from Ohio, [Mr. THURMAN,) and the Senator from :Maryland, for Ohio. [Mr. WHYTE.] Tho Senator from Maryland indulged in a. good deal :Mr. CONKLING. I ""ish to say to the honorable Senator from of severe denunciat.ion. Ho said that this bill ought to bring reproach Texas that if I seemed in my remarks to misunderstand what he and shame npon the representatives of the people; that it is contrary said about the State of New York, I am very glad to hear him (lis- to all his notions of governmental policy; that it is in violation of claim a disposition to reflect upon it. the doct.rine.<:~ of the fathers from which he had gotten his teachings, Mr. :MAXEY. Unquestionably I had not the slightest sectional and that he should oppose the bill, as it came from the House, first and feeling. last. It is a singular sort of oppositiort that that Senator is making, Mr. CONKLING. And I have only to add, Mr. President, that when as well as the Senator from New York. They propose to build up this. I remember all the contributions which have been made by the State bill, they propose to freight this horrible vessel that is to carry so much of New York for the general welfare; and when I remember on the dismay and destruction to our :financial interests. I believe the Sen- other side what bas been received by that State in return, which I ator from Maryla'n d proposed to incorporate in the bill something in forbear to characterize, I hope the honorable Senator from Texas, if reference to the Upper Potomac, and I believe he proposed to reinstate he saw anything too animated in my remarks, will pardon something so~o other amendment which bad been stricken out by the Senate to the consciousne ·s t.bat I have of the troth of history. committee. I think he wanted to get that in. Mr. CAPERTON. :M.r. President, I ask the attention of the Senate Mr. WHYTE. No. for a brief perio(l while I attempt to answer some of the objections :Mr. CAPERTON. At all events his colleague did, and I suppose made to this bill. I -will address myself first in order to the objections he concurred and united with his colleague. taken by the Senator from New York to the manner in which the pas- Mr. "WHYTE. Excuse me. I sustained the committee, but pro- sago of this biU was obtained. He referrecl to the action upon this posed an amendment for the Chesapeake and Ohio Canal. bill when it was before the committee of the lower House. He said Mr. CAPERTON. I believe the Senator did offer an amendment to that he bad a right to refer to that. I bo,ve no objection to the refer- appropriate $150,000 for that improvement. I believe the Senator ence, whether it is within the parliamentary rule or not. He referred from Ohio ofiered an amendment for the Sandusky improvement and to tlle fact that this bill had been committed to three persous compos- the Cleveland improvement. I do not understand the ethics of these ing a subcommittee; that those three persons had concocted a, bill, gentlemen. I do not understand why, if they are so terribly opposed aml that that; bill was introduced into the House and passed by that to a bill of this description, they should be willing to put then· little body. He seeks in this ""ay to take from tho bill all the credit of the all in this bill and to avail themselves of thus putting it in if it House impri1llafttr. should happen to become a law. In the first placo I will correct the Senator as to one fact. The Mr. RANSOM. Will my friend from West :Virginia allow me to Committee on Commerce, I believe, is composed of eleven members, make a sug,~estion T and, so far as I have been informed, t.he subcommittee was composed Mr. CAP.li;RTON. Yes, sir. · of seven members. This subcommittee reportetl t.be bill to the main Mr. RANSOM. I did not have the pleasure of being in the Senate committee and that committee reported it to the House. on Saturday, but my observation on Fridaywas, and the Senator will The Senator then complained that it was passed under the operation correct me if I am in error, that nearly every amendment which had of the previous question ; but he did not refer the Senate to the fact been made by the Committee on Appropriations in this body striking that that previous question could only have been bad by a vote of two- out items from the bill which the House had placed in it, was inva- thirds; so that jf there is anything to be inferred from the action in rjably restored, without exception, on the motion of a, Senator from the lower House from the facts as far as we can gather them, with- the State to which they applied. I bopo the Senator comprehends out a violation of the parliamentary rnle, I think the imprimatu'r is me. very strong. . Mr. CAPERTON. Yes, I understand that perfectly. There is no Mr. CONKLING. Shall I understand the Senator to say that the question auout that. It is to that point I was addressing myself. previous question in the House is ordered only by a two-thirds vote, Mr. RANSOM. That is the way I understood tho Senator. or does he mean in this instance that the House suspended the rule 1 Mr. CAPERTON. I say that the Senator from Ohio and the Sena- Mr. CAPERTON. It was a suspension of the rule. tor from Maryland were the advocates for the restoration of such Mr. CONKLING. 0, yes; a suspension of the rule, so that there- amendments, as well as the Senator from New York, I believe, and port might be made, without of course knowing what the report was. I am sure the Senator from Vermont [Mr. EmroNDs] was interested Nobody knows what the report is when he votes to suspend the rnle. in a little Otter Creek improvement. Mr. CAPERTON. It is the same thirng. The rule was suspended Mr. EDMUNDS. Yes; and if the Senator will allow me to say so, for the purpose of permitting this bill to be reported. it was after I voted with the committee, believing that thei.J.· judg- Mr. CONKLING. Certainly it was. ment must be better th:m mine, on every item, until my friend over Mr. CAPERTON. And to suspend that rule requires two-thirds. there and all his compeers bad overruled them and until there was The previous question reqnires only a majority. This bi1l was well only seven of us left. Then I said as they say in tanneries, "Let the knowu. It had been printed probably for a week before and it is to be tail go with the hide," and put in Otter Creek. presumed that every member of that House was familiar with the pro- l\Ir. CAPERTON. Yes, sir; and hence it is that I say I do not un- visions of the bill. The very fact that the suspension of tbe rules coulrl derstand the ethics of these gentlemen. If they think the bill is wrong, be obtained is proof that there was a very general concurrence in the that it is a monstrosity, a great vessel carrying away something it provisions of the bill on the part of the Honse. ought not to carry, if it is carrying contraband, why will you put Mr. CONKLING. May I interrupt the Senator once more T your goods on it and sa.y, "If you can get through safely I want to Mr. CAPERTON. Certainly. have the benefit of it." Is that tho- principle, the ethics of these Mr. CONKLING. I understand the Senator now to say that when gentlemen who speak against the billY the rules of the House were suspended to enable the bill to be re- Mr. CONKLING. If my friend will pardon me, as he did me the ported, it was then passed instanter, and that the presumption is that honor to refer to me, will he point out in the bill any instance in the every member of the Honse knew what the report was. State of New York which illustrates what he is now saying Y M.r. CAPERTON. Yes, when we take that fact in connection with Mr. CAPERTON. I do not recollect. the other fact, which is very familiar to the Senator, that it is cus- Mr. CO:~TKLING. The Senator will hardly be ablo to do it. He tomary to print a bill of thiB description and place it upon the desks will :find the harbor of Dunkirk and he will :find three harbors on of the members. Lake Ontario, which has long been called an inland sea. If the :Mr. CONKLING. Before it is reported? honorable Senator will institute an analogy between those harbors Mr. CAPERTON. Before it is reported. on the great lakes and some creek where after it is impro~ed :Mr. CONKLING. I will take that into the account when I know twenty inches of water will be found on which a ma.n can run a scow it. I do not know any such rule now. to float down his corcl-wood to market-- , !Ir. CAPERTON. I understand that it was recommitted and printed l\Ir. SARGENT. And by which the trout :fishing will be improved. a week or ten days before this action was had. I think this is pretty l\!J.·. CONKLING. Ancl whereby, as my friend says, tho trout fishing stron~ evidence that there was a pretty general concurrence on the will be imflroved, (and that makes me suspect that he is not a :fisher- part of the members, the immediate representatives of the people, man,) I will admit that the cases are parallel. as to the provisions of this bill. I do not think, then, that any preju- .Mr. CAPERTON. The Senator does not comprehend me at all. I dice should result from the fact which bas been adverted to by th6 understand that he a.nd tho Senator from Vermont and the Senators Senator from New York. It is a little extraordinary, it is something from :Marylaml and Ohio all oppose this bill. The Scnatorfrom New upon which we ought to felicitate ourselves, that in regard to a bill York opposes it. I do not recollect his epithet, but he used soma of this jmportance there should be that general concurrenc>e of opjn- exceedingly harsh epithet. It was a monstrosity. Should any of ion on the part of.the members of the lower House. This bill which these Senators help this monstrosity by incorporating their provisions operates not sectionally, this bill wbich applies to the East ancl to the and by connecting their names in that manner with it West, to the North and to the South, this bill which affects Michigan Mr. ED~l UNDS. Certainly; "the hair of the same dog effects a and Maine, Colorado and California, Missouri and Virginia and all curo," they lilay. - 4664 CONGRESSIONAL RECORD-SENATE. Mr. CAPERTON. The Senators say" although it ia a monstrosity, other bill improving the navigation of Black River, Ohio. That is although we think this is a great 8t.eal, yet if we can get our provis- another river all within the territorial limits of Ohio, I understand. ions in, if we can participate in the steal a little, we will go along Mr. THURMAN. Yes; on Lake Erie. and do it." The question must resolve itself to that. I have not Mr. CAPERTON. I am answering the gentleman's statement that analyzed all these various appropriations; some of them may be, as Ohio had never a..sked for an appropriation for a river lying altogether the Senator from Indiana [Mr. MORTON] very well expressed it this within the limit-s of Ohio. morning, of exceeding propriety. I do not l"Uow particularly about Mr. THURMAN. Either I cannot make myself understood or else them, except those that concern my own State. The Senator from gentl~men are very dull of apprehension or cannot understand me, Maryland made reference to them. I think one or two Senatordreferred one or the other. I repeat that, so far as I know, Ohio bas never asked to the New River improvement as a river which is not much more for a dollar or received a dollar for the improvement of the naviga- than equal to the floating of canoes. Gentlemen speak in regard to tion of a river wholly within the boundaries of that State. These ap- such matters withont thinldn~, or without information. I call the propriations in name may be for a river; but they are all appropria- atteution of the Senator from Maryland, aa well as the Senator from tions for the mouth of the river where the port is, on Lake Erio. Ohio and other Senators, to the fact that the portion of thatriverwhich Mr. CAPERTON. Here I see an appropriation for removing ob- is proposed to be improved is a l'iver which extends through the two structions from the mouth of Ashtabula Creek, Ohio. States of Virginia and West Virginia. More than that, it is upon a Mr. THURMAN. Yes. . line, und it is to be improved for the purpose of affording an outlet Mr. CAPERTON. I see one for improving the navigation of Con- from the Chesapeake and Ohio road to the great Virginia and Ten- neaut, Ohio. nessee road at auistauce of some fifty-five or sixty miles, when, if you Mr. THURMAN. A. very fine port, indeed. . desire to get from the one point to the other now, yon have to go a Mr. CAPERTON. Then there is au appropriation for improving the distance of three or four hundred miles down . by Lynchburgh. It navigation of Cunningham Creek. does not fall within the objection taken by these gentlemen. It does Mr. THURMAN. That is a port on the lake, of which I have before not fall within the objection taken by the Senator from Ohio; that it spoken to-day. is making nn improvement upon a river within the limits of a State. Mr. CAPERTON. I call the attention of gentlemen who are look I shall not go into that Rubject, and will only remark that it is "rcll ing back to the lessons taught by their fathers to theso facts. set.tled that although a river, its source and its mouth, may be within Mr. MERRIMON. Whom aro the bills approved by 1 the limits of a State, yet if it discharges itself into another strea.m 1\Ir. CAPERTON_. By Adams, Ja-ckson half a dozen times, Van upon which there is considerable commerce, it is as much within the Buren, Tyler, and so on, all democrats. These are the fathers to contemplation of the Constitution as if it discharged itself into the whom the Senator from Maryh~nd proposes to refer us and by ocean. whom he proposes to bo guided. I do not sec that there were any But the Senator from New York says that this is contrary to all appropriations approved by Mr. Pierce. I understand from the Sena- the old doctrines of the democratic party; that it is contrary to all tor from Uaryland that Mr. Pierce did veto a harbor bill on the idea of its teachings, and is in the face of a veto which was made of a perhaps tllat Congress had no const.itutionn.l power to pa~s a harbor river and harbor bill by President Pierce. I have a book hero which bill. I do not propose to be taught by :Mr. Pierce if that was his I commend to the attention of the Senator from Ma.ryland, inasmuch doctrine. I do not propose to be guided by the Senator from Mary- as he proposes to set up a new school of political economy, or rather land if he invokes to his aid the teaching of such men as Mr. Pierce. an old school which he propo es to revive and re-establish. I com- Mr. President, I used to hear in old timea n. great deal about the mend this work to his attention, from which he will ascertain whether doctrine of strict construction, and a great deal of opposition to works or not the doctrine which he now maintains ha..s been the doctrine of of internal improvement. It made at one time, as I think the Sen- the democratic party. I see that General Jackson signed three bills ator from Maryland said, one of the planks in the platforms of par- for improving the navigation of the Hudson River, and Mr. Van ties ; but it has long since rotted out. It never can be re-established. Buren one. I see that bills numbering some dozen for the improve- I hope and trust in God it never will be. I shall never take my stand ment of the Cumberland road, east of the Ohio River, in Maryland, upon it for one. The Senator from Maryland is younger than I am. Pennsylvania, and Virginia, were signed by Jefferson, Madison, Mon- My mission is but short compared with his. He may sncceed in es- roe, John Quincy Adams, Jackson, and Van Buren. I see that Jack- tablishing it, but as long as I can wag a tongue I will oppo e utterly son nnd Van Buren both signed bills improving the Pamlico River the doctrines of the old fathers as he maintains them and is illustrated below Washington, North Carolina. I see that Jackson and Van by the veto of President Pierce. Buren both si~ned bills improving Neuse River, the harbor of New It is almost within my life-time when the State of Virginia was Berne, North Carolina. I see that .Adams and Jackson, Adams sign- equal in commerce with the Stat~ of New York. It is not as much ing one and Jackson six, approved bills for improving Cape Fear a..s a century ago when her commP-rce was equal to tho commerce of River. I see that John Quincy Adams and Jack on and Van Buren New York; when her exports were greater and her imports abont signed bills for improving the navigation of the Savannah River. equal. This equality continued for some little time, up to about 1i9G, I see that Adams and Jackson and Van Buren all signed bills for im- when New York commenced to shoot ahead and Virginia to retro- proving the navigation of the Red River, in Louisiana; that Jack- grade, until in the course of not much more than a quarter of a cen- son and Van Buren signed bills improving the navigation of the Ar- tury New York outstripped her 30 to 1 in trade ana commerce. That kansas River, and that Adams and Jackson and Van Buren approved was about the time Washington had pointed out this great line of a number of bills for the Cumberland road in Indiana. I see that improvement extending to the '\Vest by the Kan:J.wha, for which a bills were approved for improving the navigation of the Huron River little appropriation is provided in the bill, to his countrymen a::~ the in Ohio. I do not know whether that is a river entirely within the line by which '\las to be opened up an intercourse between the East confines of the State or not. and the vast valley of the West, when Chief Justice Marshall ap- Mr. THURMAN. Yes; it is in the State. proved it and surveyed it and held it up. Unfortunately about that Mr. CAPERTON. It hes altogether within the State of Ohio f time our illustrious men became politicians and ceased to look after Mr. THURMAN. It is a port. the commercial interests of the country. They attached more conse- Mr. CAPERTON. It is a small river altogether within the limits quence to the political condition of the country. About the time the of Ohio! doctrinea of 1798 and 1799 were coming, this retrograde movement Mr. THURMAN. My friends are not quite aa well acquainted with took place. It took place when there was no reason for it; when, so their geography as I am. The Huron River is not a navigable river far as all the elements necessary to constitute a great, a rich, and a at all. Nobody pretends to navigate it except in a canoe; but below powerful State are concerned, Virginia was far ahead of New York. the falls, within a very few miles of the lake, is a port. Sometimes She had more within her borders of all those elements which make tllese appropriations have been in name for the river and sometimes the foundations of commercial strengt.h and greatness than the State for the harbor or port, but they are all really for the port. of New York. But they were neglected; and history will bear me Mr. WITHERS. I will ask my friend if the harbor is at the falls t out in it, because our great men instead of pursuing the important Mr. THURMAN. No; the harbor ia below the falls. commerciaJ career which was pointed out by the great man of New Mr. WITHERS. So I supposed. What do you call the portion be- York, De Witt Clinton, devoted themselves only to politics and let tween the falls and the harbor! Is it the Huron River, or what f the commercial interests of the State die. Mr. THURMAN. The harbor extends up to or quite to the falls. I say I do not want to be brought back to the ideas of the past. I There have been no appropriations for the river above the falls. do not desire to see the fathers, whom the Senator from Maryland re- Mr. CAPERTON. Still it is a river within the State of Ohio. lies upon, and that class of politicians re-instated in order to put an- Mr. THURMAN. It is the mouth of a river. other obstacle in the way of our advancement. I hope that this great Mr. CAPERTON. The mouth is within the territorial limits of scheme, which found its origin in the brain of Washington and its Ohio. approval in such men as Marshall, will be revived and that we shall Mr. THURMAN. The mout.h is on Lake Erie. yet see this vast highway opened to connect the East and the West in Mr. CA.PERTO:S. I understood the gentleman to say on Saturday all their commercial relations. that Ohio had never asked for an improvement of a river within the Now, Mr. President, I have but a word or two more to say. It has State limits. been a most pleasing spectacle to me that the subject of this river .Mr. THURMAN. Not unless it was at the mouth of a river, and and harbor bill bas engaged the attention and the hearts and the so coustitnted a port. wishes of so many men composing this Congress. There is nothing Mr. CAPERTON. I see that eleven appropriations were made, that conduces so much to bring men together, to soften the asperi- signed by Adams and Jackson and Van Buren and Tyler. Here is an- ties which arise sometimes from sectional diflerences, as the contem- 1876. CONGRESSIONAL RECORD-SENATE. 4665 plation and the working up of these river and harbor schemes. The navigable water of the United States. Intercourse means not com- Senator from New York and the Senator from Illinois seem to appre- merce-and traffic simply from one State by a water-course at its flood hend that it is for mere political purposes. I do not know how much into another without the power and means of returning, but also an of politics there may have been in it. I do not know how many mem- opportunity for tbe productions of that otbor State to traverse tho bers of Congress may have secured thflir eleclion by it or how many highway and carry its productions to a market. A navigable high- members of the Senate may secure their return by it. I never s~op way is a water which possesses the capacity of ascending a-s well as to inquire about a thing of that sort. I only know that in the oper- of descending. ation, the mere effort to bring about these things, you are conducing Intercourse means interstaw traffic. When we find a river that has greatly to that national harmony which it ought to be the desire of at its flood a descending navigation, but is naturally in such a con- every member of this bouy and the other House to bring about. I dition that it is n~t navigable in the other direction, then we have think, unless there be some more solid or well-grounded objection to no navigable water of the United States within the meaning of ~be this bill or to some important provisions of it, t here ought to be no Constitution and the decisions under it -to which we can lawfully hesitation in passing it. It was brought about after gre.a t care, appropriate money. If I rightly understand the decisions in The after great dolibern.tion, after a comparison of views on the part of 1\Iontebello, 20 Wallace, and The Daniel Ball, in 10 Wallace, this all the members who might be affecte(l by the various appropriations is now tho doctrine of the law. Although there may have been in provided for in the bill; and I will say that respect ought to be paid the former case the recognition of the right of an appropriation for to the wishes of those who represent t-hose various places. improvement of the Fox and Wisconsin Rivers, which points beyond Mr. W ALLA.CE. Mr. President, the pending motion is one to re- this, yet careful study of that case satisfies me that the law is as I commit with instructions to reduce the total to four millions. I shall have stated it. Thatcasewaspeculiar. Thislinewa-sanold thorough- support this motion of the Senator from Ohio mainly because of t.he fare. It had been used for many years, and itR public character was instructions it contains. I regard this bill in its J?resent proportions recognized by the ordinance of 1787, and traffic was shown to have as a monstrosity, as it has already been cha:ractenzed on the floor of existed there since 1718. The general principle is that where a river the Senate, and I will take any parliamentary means in my power to is not navigable in fact that Congress bas no control over it, but that reduce its proportions. The first of those, it seems to me, is to send it its control belongs exclusively to the States, and that whether such to the proper committee in order that they may endeavor there to bring a stream is a part of a continuous line from a navigable stream, nat- it down to what it ought to be. Following that, if that shall not pre- urally navigable, into another State or wbethe1· it lies wholly within vail, comes the motion of the Senator from Vermont, which is to strike the State is immaterial. If a river be navigable in fact within a out all after the enacting clause and insert a provision by which there State as a part of a continuous line of communication Congress has is to be appropriated $4,000,000 for rivers and harbors, which are the power to appropriate money to improve it so fa.r as 1t is so navi- 'V to be expended under the direction of the Secretary of ar. To such gable under tho power to regulate commerce. If it lio wholly with- a proposition I cannot agree. It is exceedingly bad, in my judgment. ill a State and be navigable iu fact, if not a part of a continuous line There is no safety or propriety in intrusting to any officer of this of communication, Congress bas no control over it, and it belongs to Government, it matters not whether he be the Secretary of War or the State to regulate its commerce. If it be part of a continuous line the Chief of Engineers, or the President himself, the power that be- from without to within a State, but its character is such that no ascend- longs to the representatives of the people to make distinct and spe- ing navigation in fact exists, nor can naturally exist, the Congress bas cific appropriations of their money to legitimate objects of the Govern- ·no cont.rol over it under this power. but the jurisdiction of the State ment. Short appropriations, distinct appropriations, specific appro- is exclusive. priations, are to be made by Congress to carry out the theory that is A.pply these (]octrineR, these rules of law, the now settled law, not embodied in our institutions, which the fathers regarded as vital and the theories and dogmas of fifty years ago but the law that bas grown essential, which is plainly written in the organic law and is aB clear up from the neces ities of your ever expanding commerce, that which and plain as anything that has come down to us from the past. A has come from the growth of your country, that which has crystal- specific appropriation by the House of Representatives, to be expended lized itself through tho decisions of the Supreme Court upon the under the direction of the proper officer with the necessary safeguards power to regulate commerce among the States. Apply these doctrines for expenditure and accountability around the Treasury, hM come to to our present bill for improving rivers, for appropriating money toO be an indispensable American principle, and I cannot vote to give to that object, aud we hn.ve the question settled, because the court has any man the right to expend an enormous amount of the money of the given us settled doctrines. The rivers to which we ma.y give the people without control and without direction. These arc no times money of the United States are those which the Constitution of the for loosing the bonds of official accountability or for loose appropria- United States, as interpreted by the Supreme Court, have recognized tions. to be navigable waters of the United States, and those, and those Bnt, sir, beyond and above all this, what is this proposition T It is, alone, are such as are navigable in fact, and are avenues of inter- sir, a confession of the impotence of this body and of its co-ordinate state commerce. branch of the Government to perform the very duty for which tile In this bill aB it came to us from the House there are at least twenty people have sent them here. This Congress, vested by the people instance" of appropriations of money to rivers which are not naviga- with power to make appropriations, to expQnd their money, confesses ble rivers within the meaning of ~he Constitution and laws. It is its impotence and practically says, "We are unable to pa.ss an appro- not a question of a short river reaching from a lake into a State. priation bill; the Secretary of War shall expend the money at his Such a stream may be navigable for but ten miles and still be within pleasure." This is the position in which we would be placed by the the purview of the general power. It seems to me, then, that there is adoption of the proposition of the Senator from Vermont. I cannot no room for difference between my friend from West Virginia and consent by my vote to any such proposition. my friend from Maryland. They will both agree that tho doctrines So far as I am concerned, I shall endeavor with all my power, as I of the Constitution as interpreted by the Supreme Court are our plat- already have done, to reduce the proportions of this bill. I beg to form, and that the decisions of the court have followed the progress- correct the gentlemen on the other side of the Chamber who have said ive march of that commerce which the intense desire of our country- ihat all on this side have voted to increase its proportions by voting men for gain has pushed to its furthest limits in the development of to restore the amendments stricken out by the Senate committee. I the natural highways and internal arteries of our great net-work of have endeavored throughout not to increase its proportions, but to lakes and rivers. sustain the committee. Take my own State. What would become of the finances of the Mr. COCKRELL. Will the Senator allow me a moment T Government if under the doctrines that are inculcated in this bill 1\.lr. WALLACE. I am about to answer the Senaoor. When the that great State were to come here by her representatives and de- Senate by test votes upon at least three propositions settled the ques- mand that because the Susquehanna is connected with the Chesapeake tion that the policy of the Committee on Appropriations was not to Bay and bears upon its bosom annually millions of dollars' worth of be followed by the Senate and refused to permit the amendments commerce from its headwaters 1b tide-water, because that river is made by that committee toO stand as the sense of the Senate, then, at navigable for descending in its flood, that therefore the General Gov- the request of a member of the lower House, I asked the Senate to ·erum.ent is bound to appropriate the money which would be at least restore one of the appropriations that was in the bill of the House, $40,000,000 to create ascending navigation, to clean it out and make and which had been stricken out by the committee of the Senate. a channel by which to ascend to our mountains and draw therefrom For that amendment, which was $6,000 for the ice-harbor at Chester, the vast trea-sures of coal, of iron, of grain, and of lumber that we I voted. For all the other amendments reducing the size of the bill, annually produce. No such wild theory has ever been entertained, as made by the Senate committee, I voted. Have I answered the and we of Pennsylvania prefer that none such ever should be. question of my friend, the Senator from Missouri f Yet that is the doctrine upon which many appropriations m this Mr. COCKRELL. Yes, sir. bill rest. That is the inevitable result of the appropriation of money :M:r. WALLACE. I cannot vote for this bill in its present form on for these small and non-navigable streams. We believe in no such two grounds. First it appropriates money for improper purposes, doctrine. The Susquehanna, like many of the small streams named and second, it is extravagant in amount. Whence comes our power in the bill, is properly and le~ally under the cont:r;ol of the State in to mak~ these appropriations T It comes from the power in the Con- which they are. The State nas exclusive control of them. It is stit.ution "to regulate commerce among the States." "Commerce sound theory and good democratic doctrine that the State is to con- among the States" are the words of the Constitution. AP, I under- trol the streams that are within the State when they are not navi- stand the l'l.uthorities, commerce means and includes navigation : gable in fact by ascending navigation. commerce among the States means and includes intercourse between The bill, Mr. President, is too large in its proportion, too profuse in them. Navigation, as applied to this clause, means as well a-scend- expenditure. I have nothing to say about what the House did in ref- ing as descending navigation. Without both the stream is not a erence to the bill. Whether it was or was not considered there does 4666 CONGRESSIONAL RECORD-SENATE. JULY 17, not enter into the question in my mind, but I take the bill as I find My friend from Ollio said a while ago that I had made a partisan it and I but state my conviction when I say that it is enormous in its speech. My friend dislikes anythin~ partisan, I know; he is so proportiona. strictly impartial in regard to everythmg of a political character that In 1866 and 1867, when we had good times, when there was are- for fear of being partial he leans a little to the republican side. dundancy of money, when the revenues of the Government were Mr. THURMAN. I d'o not recollect the instance. [Laughter.] larger than ever before or since, the river and harbor bill was but a Mr. MORTON. And I presume nobody else does but myself. trifle over 3,000,000. Yet now, in these times in which every man is [Laughter.] This whole subject of appropriations is political, and economizing, in which all are retrenching, in which the nece~sity for every member of this Senate knows it, every member of the House retrenchment comes to the Government a,s it does to the private citi- knows it. Talk about keeping politics out of it I I am simply frank zen, this bill is doubled in its proJ_>ortions. In place of being $3,000,000 and ingenuous, and my friend is simply disingenuous. This whole and a trifle over, as in 1866, we find it now nearly $7,000,000. It is question of appropriations in the House and here is political, and we said that politicfl>l capital is to be made from this. Then if the bill all know it, and the object has been to reduce the appropriations, in in the Honse contained but $5,800,000 and political capital was made most ca~es improperly and to the injury of the public for the simple out of it in the House, what is to be made of it in the Senate when it purpoee of making a. little political capital. My democratic friends is swollen to thA proportion of nearly $7,000,000 f It necessarily fol- understand this jtlMt as well as I do. The whole thing is a state of lows that the Senate has taken the same line that the House took, preparation for the coming election, and every one of the appropria- and is inclined to make political capital t-oo. But, Mr. President, it tion bills, except this one, is simply a method of preparing to carry is nothing of the kind. We understand the process by which this this country for the democratic party. We all understand that. It bill has been made to assume these unwieldy proportions, and I for is no use of disguising it for a single moment. _ one will go as far aa I can to reduce its size. If I fail to obtain are- Mr. THURMAN. Do I understand the Senator from Indiana to say dnction of its proportions I shall vote against it. Rather will I per- that there can be no appropriate reduction of the expenditures of mit no appropriation for rivers and harbors this year than to permit Government, that they have reached their lowest point, and that any a hill with snch proportions aa this to go on the statute-book when reduction is a mere sham and a pa.rtisan trick 7 the condition of the country is as it is to-day. Mr. MORTON. My friend must not put it precisely in that way. I - Economy is necessary now ; and the taunts of our frienda on the did not say that. I have no doubt there can be some reductions in other side that we are not honest in economizing, that. we are not appropriations.! always; it is the business of every party, of every honest in retrenching, come with ill-grace when they look to the Congress to be looking out for such reductions. Sometimes there comes amount which the House of Representatives haa reduced the appro- a necessary increase in appropriations, where it is just as virtuous priation bills up to this time. When we :find, as we do now, compe- and 'just as patriotic to make an increase as it IS on the other hand t.ition in every calling, surplus production on every side; when we to make a reductio~i but what I do mean to say, and what I believe, find and recognize, too, the fact that the increase of but a trifle upon is that the great bulk of these :reductions have not been in the inter- the cost of production that increased taxation makes means, if it est of economy, have not been in the interest of the country, but sim- means anything, the destruction of some importa.nt branch of your ply in the interest of a party to enable them to carry the next election, manufactures; when it means the shutting off the blast of the fur- to go before the country and with a. great show of economy and re- naces, the filling up of your mines, the throwing broadcast upon the trenchment say, ''See here how much we have reduced the appropri- country of hundteds and thousands of artisans and laborers, as it bas · ations." But if they wE're asked "Have you reduced taxes any," they doue in the State thnt I r~preseut; when increased taxation means would be compelled to say "No, we did not think about that; we this, is it for us to fail to pursue the line that endeavors to reduce thought you had to pay on the appropriation bills, not on the tax taxation to fail to pursue the line of retrench and economy f We bills; and consequently we confined ourselves exclusively to the ap- must reduce our expenditures as the beginning of ea~e in taxation. propriation bills." Sir, increased or heavy taxation means decreased production, short- Mr. BOGY. The Senate was in the way. ened time, unemployed labor, artisans and laborers thrown out of Mr. MORTON. Well, it was just a~ much in the way on the appro- employment. It means, sir, more than this: It means starvation, pri- priation bills as it was in the way of the reduction of the tax bills; vation, deat.h in many an American home; it means wife and children but the Honse tried it very strongly on the appropriation bills. pining for want; it means the father upou the bed with fever for One word in re~ard to the merits of this bill. A good deal ia said the waut of the generous food that would come from proper wages to about improving little harbors and creeks and rivers. My informa- follow from full time of labor and legitimate employment. These, tion-and I believe it is true-is that very much good is often done sir, arQ some of the results that come from increa-sed and ever increM- by these small improvements, and that as much is added to the com- in~ taxation; and representing such a people as I do, I should be merce of the country in proportion to the amount appropriated by fatthless to my highest duty if I did not appeal here in my place for small improvementa as is done by the large ones. Some of our friends a reduction of expenditure, whether it be npon a river and harbor who come from States that have received large appropriations think bill or upon any other bill given to us to pass upon. now that there ought to be retrenchment and that we ought to enter Dut it is said distribute your money, give employment to idle men. upon a different system, and especially when they come from those It would be a strange paternity, a singular specimen of governmentnJ States that are :finished or nearly so ; but those that come from policy for us to undertake by tliis process to give to the starving States where the commerce is not yet fully developed and where thev artisans and laborers of this country employment. It would be quench- need this relief take a different view. So far as the Eastern State"s ing the smoke of the furnace, putting out the :fires of the puddlers, are concerned they have been liberally treated. They have had none a.ud turn~ng thousands out of employment to mock them with a pit- too much, but their improvements are nearly all made. They stand tance. Such a paternity would be that whioh would give to the chil- now in need of but very little, although I see in regard to Hell Gate dren who cry for bread a stone. No, sir, let us reduce taxation by (we have been going at that gate for a long while) there is $300,000 reducing our expenditures; let us stop this system which is driving in this bill yet. New York has received an appropriation of seven or out of existence our manufactures, and let us by a just economy and eight millions-nope too much ; it is a great State. ,. reduction of taxation ennble them to recuper&te their exhausted ener- Mr. THURMAN. Will the Senator allow me f New York has re- ceived $7,000,000; but the Senator says nothing about what has been gi~. President, I shall vote against this bill because it is unc.onsti- appropriated for Michigan. Michigan received 11,000,000 of acres of tutional in many respect-s, as I view it; because it takes from the laml. States jurisdiction over streams on which the States have the control, Mr. MORTON. That is a little diversion, and its e:xa-ct purpose I and not the General Government; because it sends the agents of do not understand. the General Government to destroy rights vested under State laws; Mr. THURMAN. The lands were given for internal improvements. and because it is extravagant in amount and unjustifiable now. But :Mr. MORTON. I was speaking in regard to the State of New York. before I shall Yote against it, I shall make every effort in my power I said it was a great State and had received none too much; but Now to reduce its proportions to n. fair amount. York does not constitute, after all, 90 per cent. of this whole country Mr. MORTON. Mr. President, the Senator from Pennsylvania spoke by any means. New York City is the great entrcpot of commerce. abont a proposition to increase taxation and of his being in favor of What comes to the whole country goes through there, and most of a reduction of taxation. If any bill bas come from the House at this what goes out from the whole country goes through New York, and session to reduce the taxes I am not aware of it. Does my friend it pays both ways. now of anyT Mr. President, a part of the statement made by my friend from Mr. WALLACE. The appropriation of a less amount for continu- West Virginia was very interesting. He showed what had been the ing the expenses of the Government necessarily reduces taxation. practice under democratic Presidents, but he referred especially to The Senator knows that as well as I do. tho diverse history of New York and Virginia; that as early as 1795 Mr. MORTON. 0, no; my friend is entirely mistaken. The taxes or 1796 New York bad turned her attention towanl her material in- are not paid on appropriation bills, but on tax bills. The amount terests, and what had been the result f She had grown in pow~r, in of tax to be collected depends upon tax bills, and it ha8 to be paid wealth, population, and capital; that Virginia had turned her atten- whether you make any appropriations or not. tion to abstractions, and she had followed them up until they had Mr. EDMUNDS. And that is on the tariff and whisky in the main. led her to civil war and almost to ruin and bankruptcy. But I think Which does the Senator from Pennsylvania propose to reduce f a change has come over the spirit of the South. I think the Southern Mr. MORTON. If the burdens of the people are to be reduced by States now see the necessity of looking to their material interests, diminishing the amount of taxes they have got to pay, then we must and dropping this business of political abstractions which had been have reform tax bills~ and nothing of the kind has been presented to followed to their great detriment and the detriment·of the nation for us. It is simply a reduction of appropriations. so many years; and for one I am glad to Sifil it. 1876. CONGRESSIONAL RECORD-SENATE. 4667 Mr. President, the common run of speeches in this body and the want to see currency and strength given to them by what is said in other would indicate that the nation is on the eve of bankruptcy, t.his body. It shall not be said and go nnrebuked, at least while I that our revenues have fallen off until we can scM"ce1y carry on the am present. Government, and that it is necessary to reduce expenditures very In regard to this bill I care very little. I spoke of it this morning largely upon that account. We are told that the people are at the simply for the purpose of calling attention to the fact that this bill point of starvation. What snid Mr. Tilden f I am afraid this will was a rebuke to the action of the House and of the democratic party be regarded us partisan. If so, I apologize to my friend from Ohio; upon all other appropria.tiou bills; that as this bill went to the local but it is a part of the current history of the country. Mr. Tilden, interests of Senators and Representatives the appropriations were who w.as nominated by the democratic party for President the other maintained and even increased, while upon other bills where the ap· da.y, was . serenaded at Albany two or three nights afterward, and in propriations were not local, did not go to the personal interest of his speech he said that the wolf was at the door of nearly every house members but went to the general interest of the Government, the in this country gaunt and hungry; and he said that the product of appropriations were largely reducad ; and my friend from Ohio con- the centennial yea.r-I think I can give his very language-was fessed that I was right, and called the attention of his friends not licensed evil and wickedness a.nd those crimes for which our fathers long ago to what I said on that subject and said they would be told left the Old World and planted themselves in this new wilderness. of it time and again this year. My friend could not fa.U to perceive It is that kind of talk which is to enter so largely into this campaign, that, and he warned his partyfriends that this bill would be held up and that is so largely false, absolutely faJse. There is distress in this as a contradiction of the avowed purpose for which other reduction country, but no such distress as that. There are many men out of in the appropriations have been made. employment. There are those who are suffering for the means per- Mr. KERNAN. Mr. President, I have urged on this body, I have haps of livin~. But this is nothing like so general as we are told. urged it believing it to be true, that the condition of the people of The country 1s• not upon the brink of ruin and starvation. That the country, the condition of their business, and the condition of their statement, in substance, in the body of it, is absolntely untrue, put currency called on Congress to appropriate as small an amount out out for political effect; and these appropriations are to be reduced, of the Treasury a.s would enable us to get along without serious detri- in many cases so improperly, upon the statement that the National ment to the public service. I shall be very happy to know that I am Government is upon the eve of ba.nkruptcy, that our revenues have mistaken; but I am surprised to hear the argument that there is noth- gone down to a very small amount, and that we Me compelled to ing in the condition of the country or of the Treasury that calls upon ma.k e these reductions for the purpose of paying our way. us to scrutinize bills that we pass appropriating public money. Mr. MERRIMON. I would call the Senator's attention to the fact Mr. MORTON. If my friend from New York refers to me, he has that the number of failures in this country for the last six months noL correctly understood me. I have not said there was not distress was near five thousand, and the amount for which they failed over and suffering in the country; but I have said that the representa- 100,000,000. tions upon that subject were grossly exaggerated. I have said that .Mr. MORTON. There have been a great many failures, and there so far a~ appropriations were concerned, they did not reduce t.he bnr- are going to be a. great many more, I fear. We have bad a panic,.and uens of the people, that the burdens are laid by taxation and not by it will take us some yea.rs to ~et over it. It is said the issues of the appropriations; and if my friend will allow me one moment, I will war are all passed; but my friend should bear in mind that these are say that if the reductions should be made according to the bills sent a part of the consequences of the war inevitn.bly. They have come to us by the House of Representatives there would be a large sur- upon us, and time a1one can cure them all. Bot what I mean to say plus revenue which would be invest-ed in the payment of the debt; is that they are not one-half as bad, they a.re not ,one tithe in their but the reduction in the appropriations does not relieve the burdens magnitude what is represented for political purposes. of the people at this time. What the people have got to pay, whether Mr. President, the Secretary of the Treasury now, recently a mem- they are able to pay or not, is determined by tax bills, not by appro- ber of this body, in a speech the other day which was the result of pria.tion bills. very careful preparation on his part, maded that the sense; upon a policy of giving to the different sections the best we members from Michigan of the House understood the interests of can under the circumstances for the interests of commerce; for this their districts better than I. On Saturday last I appen,led to the distribution involves easier and chen,per transportation and the growth friends of the pending bill, whoever they might be, without intimat- aud development of the country. I dismiss it from the plane of pol- ing who the friends of the bill were. I made that broad appeal, itics and I place it upon an industrial ba-sis. It commends it.self to which would include every sympathizer and friend of the bill. It the people, and it may be to the other br~ch of Congress, and to this included myself and it included others; and if it excluded any, it Mr. President, failing, if I should with others with my vote in pass- was by their own election and action, not by mine. My appeal was ing this bill as it now stands, I shall then vote to non-concur in all solely for the purpose of saving some bill. I foresaw the objection the amendments of the Senate and committee, and fall back upon the to placing 4,000,000 in the hands of any committee a,nd cha.rging House bill. The House has given us a bill less in amount than last them wit.h the perple~ing and almost impracticable duty of adjust- year. The bill of last year was $6,293,000; the bill of this year is ing it to the satisfaction of this body or the other, and unwilling to $5,872,000, a reduction of $400,000 and over. The House having acted impose the burden or the trial, much less to cost in any way reflection to that extent in the interest of economy, I am not far from such upon the committee; far from it. I could not concur in such a propo- commendable landmark when I stand upon the Honso bill. If I can- sition. not get the Senate bill, notwithstanding it increases it $800,000, I will Now, let mo see whether the Honse of Representatives in framing as the only resort support the House bill. This will accord with a this bill acted in the interest of economy. No exception, I take it, spirit of economy, and will commend itself to good judgment and to will be taken beca,use it originated in the proper House as bas been the people. . the custom heretofore. There hn.s been nothing irregular abou't that. I am surprised at the implication that when we originate bills and The bill ca,me from the House as it always does. The Senator from they go to the House, and the House concurs, or when the Honse orig- West Virginia co1'1llilented upon what had been said by the Senator inates bills and they come here and the Senate concurs, it should be from New York, within the proprieties of the rule of course, in giv- considered a surrender of either House to the other. No, Mr. Presi- ing the history of the progress of the bill in the House. That his- dent, it is an affirmation in our official capacity and upon our best tory which the Senator from New York gave is the history of the judgment, that the other House is right. And so when we pass a bill progress of this bill not only but many others on numerous other oc- and tho other House concurs they also affirm our judgment to be casions in the House, as we all know; and if I were to know or could best and that the Senate is right. So I have no feeling in this re- know what had occurred in the Committee of the Senate on Appro- spect. I care not for such a matter where a bill originates. All that pria,tions I should assume that the business had been submitted to a I care is tbv.t it shall be measurably just; all that I ask is that it subcommittee in order to economize time and facilitate progress, then shall in the main be in the interest of economy ; and the most I do reported to the ~eneml committee. I do not know that to be so, but I care is that a bill of this character shall commend itself to the judg- should suppose ·I t to be so. It is customary in much of the business ment of the people and shall conserve their best interests. I appeal transacted by either body; and as that was the case in the House, as to Senators if the people have not generally accorded with what has stated by the Senat-or from New York, it may be a fair presumption been done ou river and harbor bills. that it was so in the Senate. I do not state it; but as was said of the In 1871 the river and harbor appropriation bill aggregated $4,800,000; Honse, it may be said to be the common procedure in legislative bodies. in 1872, , 5,400,000 ; in 1873, $6,300,000; in 1874, $5,500,000; in 1875, When the bill waa reported to the House, as stated by the Senator ·6,290,000, and this bill from tho House proposes $5,800,000. It is from West Virginia, it lay upon the tables in print several days, for a therefore less than the bill of last year ; and we cannot by compar- week at least, and then the rule was suspended by two-thirds vote ison of the two years past be chargeable with extravagance. and the "bill was upon the previous question passed. I see nothing Now, Mr. President, I conclude. Nor have I occupied much of the especially singula.r nor irregular in that. It is a common practice time of the Senate; but I have claimed this much as a right; and Now, Mr. President, I come to the course the House has taken in re- wkenever the State of Michigan is concerned it shall be my duty, spect of this bill, and cannot see that there is anything especiallypolit.i- together with my colleague, to defend the interests of the State we cal in it. The Senator from India.nabas well stated that this is not a have the honor to represent; and I should be recreant to that State political bill. If we wanted any more evidence of that it lies in the and to the country of which she forms so valuable and honorable a. fact of the division to-day upon the merits of the bill on either side part, if I failed to maintain her rights. of this Chamber. The Senator from West Virginia differed with Mr. SARGENT. I move that the Senate proceed to the considora- others of his political confreres, showing that there is no political tion of executive business. coropiexion given to the bill. It is for the interests of commerce Mr. EDMUNDS. I wish the Senator from California would let me throughout this country. make a little speech. It is·not strange thu.t i.p the framing of this bill for ~ll s~ctions and Mr. SARGENT. I yield. 4670 CONGRESSIONAL RECORD-HOUSE. JULY 17, Mr. EDMUNDS. I do not want more than three-qna.rters of an JOHN HORNER. hour; but if the Senate desire an executive session, I have no ob- J\.Ir. ATKINS introduced a bill (H. R. No. 3901) granting a pension jection to postponing what I have to say. to John Horner; which was read a first and secouu time, referred to Mr. SARGENT. If the Senator ha.s no preferenoe-- the Committee on Revolutionary Pensions, and ordered to be printed. Mr. EDMUNDS. I had just as soon speak to-morrow. Mr. SARGENT. I move that the Senate proceed to the considera- HUGH DAVIS. tion of executive business. Mr. YOUNG introduced a bill (H. R. No. 3902) for the relief of Hugh The PRESIDING OFFICER. If there be no objection, before sub- Davis, of Lafayette County, Tennessee ; which was read a first and mitting that motion the Chair will lay before the Se~ate some House second time, referred to the Committee on War Claims, and ordered bills for reference. to be printed. Mr. HAMLIN. I think we can dispose of these bills in the morning WESLEY WOOD. hour to-morrow at their proper time. Mr. A. S. WILLIAMS, introduced a bill (H. R. No. 3903) for the The PRESIDING OFFICER. The question is on the motion of the relief of Wesley Wood ; which was read a first and second time. Senator from California. Mr. HURLBUT called for the reading of the bill. · The motion was agreed to, and the Senate proceeded to the consid- Th~ bill was read, referred to the Committee on Military Affairs, eration of executive business. After five minutes spent in executive and ordered to be printed. session the doors were re-opened, and (at five o'clock and thirteen min- utes p.m.) the Senate adjourned. PROTECTION OF THE TEXAS FRONTffiR. Mr. REAGAN presented the joint resolution of the Legislature of the State of 'fexas, instructing their Senators and requesting their Representatives in Congress to ask protection for the frontier and compensation for past expenditures by the State in that behalf· HOUSE OF REPRESENTATIVES. which was referred to the Committee on Military Affairs and order;£ to be printed, and also to be printed in the RECORD. MONDAY, July 17, 1876. The joint resolution is as follows: The House met at twelve o'clock m. Pra~r by the Chaplain, Rev. Joint resolution instructing our Senators and requesting our Representatives in I. L. TOWNSEND. Congress to ask protection for the frontier, and compensation for past expendi- tures by the State in that behalf. The Journal of Saturday last was read and approved. Be it resolved by tlte Legislature of the State of Texas, That the Federal Govern- ment owes to Texas protection of her exposed frontiers, by virtue of her right as a NEW YORK POST-OFFICE. member of the '(;nion, to an equal participation in the benefits and blessings which Mr. POPPLETON, by unanimous consent, from the Committee on its Constitution guarantees to all the St.ates, among which is defense against inva,. Expenditures on Public .Buildings, presented a report of their sub- sion; and the republic of 'foxas, upon her a~cession to the Union, havm~ ceded to tho United States all public edifices, fortitications, barracks, ports ana harbors, committee on the expenditure of public moneys in the construction of navy and navy-yards, docks, marrazines, arms, armaments, and all other property the post-office building in the city of New York, the furnishing of the and means pertaining to the public defense, the faith of tho United States thereby same, &c., and moved that the 'report, together with the testimony, became solemnly pledged to extend to the frontiers of the said republic of Texas the most ample protection, without which, as a condition-preoedont~ Texas would be printed and lie on the table. have had no sufficient inducement to surrender her independent political position. The motion was agreed to. SEC. 2. That our Senators in the Congress of the Umted States are hereby in- structed, an(l our Represent.'ttives are hereby requested, to present to Congress ORDER OF BUSINESS. now assembled these resolutions of the Legislature of tho State of Texas, and to Mr. SCHLEICHER. When the House adjourned on Saturday, I nrge upon that body the enactment of such laws as will secure to our frontiers ample milit.arv protection against Indians and Mexican freeboot~rs; the military was in possession of the floor for the motion that the House resolve forces of the (J nited States on our borders being too weak, under the most otl'eoti ve itself into Committee of the Whole on the report of the committee in command, to atloru such protection, and the State of Texas being compelled in do- regard to Texas border troubles. fense of the property and lives of her citizens to maintain in the field a consider- '£he SPEAKER pro tempore. Tha.t cannot interfere with the morn- able military fot·ce at her own expense. SEc. 3. That onr said Senators bo instructed and our Representatives requested ing hour on Monday. The morning hour begins at twelve minutes to present and urge before Congress the passage of a. bill re-imbursing the State of past twelve o'clock; and this being Monday, the first business in Toxas for the lar"'e appl'opriations of money which from time to time ha.ve neces- order is the call of the States and Territories, beginning with the sarily been made"h:v her Le~is1ature because of the failure of the Federal Govern- State of Maine, for the introduction of bills and joint resolutions for ment to provide sufficient protection to our frontiers. SEC. 4. That the governor of the State be requested to transmit to our Senators reference to their appropriate committees, not to be brought back on and Representatives in Congress a. copy of these resolutions, together with an motions to reconsider. Under this call memorials and resolutions of itemized statement of all expenditures made by the State in the protection of her State and territorial Legislatures may be presented for reference and frontiers. p1'inting. SEc. 5. The fact that Congress will adjourn at an early day and the necessity for rompt action requires that this joint resolution take eftect, and it is hereby de- WASHINGTON MONUMENT. clared th:l.t it do take effect, from and after its passage. Approved July 6, 1876. Mr. HOPKINS introduced a bill (H. R. No. 3897) providing for the construction of the Washington monument; which was read a first THE 81'ATE OF TEXAS, Departm~mt of Sta-te. and second time. Mr. FOSTER. I call for the reading of the bill at length. I, A. W. DeBerry, secretary of state for the State of Texas, do hereby certify that tho abovo and foregoing is a true a.n(l correct copy of the original enrolled sen- The bill was read at length, and was referred to the Committee on ate joint resolution No. 169, passed by t.he tifteenth Legislature of the State of Appropriations, and was ordered to be printed. Tex.as, and now on file in this department. In testimony whereof I ha.ve hereunto signed my name and affixed the seal of MESS.AGE FROM THE SE..~ATE. State at the city of Austin thi8 7th day of July, A . .b. 1876. A. W. DEBERRY, A message from the Senate, by Mr. SYMPSON, one of their clerks, in- (SEAL.} s~etary of State. / formed the House that the Senate was ready to proceed upon the JOHN H. PICKERING. impeachment of William W . .Belknap and to receive the managers Mr. TUFTS introduced a joint resolution (H.R. No. 149) :lor there on the part of the House, and that the Senate Chamber was prepared lief of John H. Pickering; which was read a first and second time. with a-ccommodations for the reception of the House of Representa- Mr. HURLBUT called for the reading of the joint resolution. tives. ' The joint resolution was rea.d, referred to the Committee on Indian N. P. CHEDESTER. Affairs, and ordered to be printed. llr. VANCE, of North Carolina, introduced a bill (H. R. No. 3898) NATIONAL SANITARY ABBATIOIR COMPANY. for the relief of N. P. Chedester, of North Carolina; which was read a first and second time. Mr. KASSON (by request) intl'oduced a bill (H. R. No. 3904) to in- Mr. FOSTE.R called for the reading of the bill. corporate the National Sanitary Abbattoir Company of the District of '£he bill was read, referred to the Committee of Wa.ys and Means, Columbia; which was read a fust and second time. and ordered to be printed.. Mr. KASSON called for the reading of the bill. · The bill was read, referred to the.Committee for the District of Co- BRUNSWICK A.."''D ALBANY RAILROAD CO?tfi>A.NY. lumbia, and ordered to be printed. Mr. SMITH, of Georgia, introduced a bill (H. R. No. 3899) for the SUPPRESSION OF SIOUX HOSTILITIES. relief of the Brunswick and .Albany Railroad Company; which was read a first and second time. M• PHILLIPS, of Kansas, introduced a joint resolution (H. R. No. Mr. FOSTER called for the reading of the bill. • 150) to authorize the Preeident of the United States to accept the The bill was read, referred to the CoiDIDittee on War Claims, and services of volunteers in aid of suppressing Sioux hostilities in the ordered to be printed. Northwest; which was read a first and second time. R. BENACID. Mr. HURLBUT called for the reading of the joint resolution. The joint resolution was read, referred to the Committee on Mili- Mr. SPENCER introduced a bill (H. R. No. 3900) for the relief of tary Aff2.irs, and ordered to be printed. R. Benachi; which was read a first and second time. Mr. FOSTER called for the reading of the bill. ORDER OF BUSINESS. The bill was read, referred to the Committee on War Claims, and The SPEAKER P''O tempore. The call of the States and Territories ordered to be printed. having now been completed, the Chair will at this time recognize ' 1876. OONGRESBIONAL RECORD-HOUSE. 4671 gentlemen for the introduction of bills for reference who may have JULES BEA.UCHERY. been absent when their States were called, but .for no other purpose Mr. SINGLETON also introduced a bill (H. R. No. 3914) for there- until the expiration of the morning hour. lief of Jules Beauchery, late of Brownsville, Texas; which was read EQUESTRIAN STATUE OF THE LATE GEORGE A. CUSTER. a first and second time, referred to the Committee on War Claims, Mr. WADDELL introduced a joint resolution (H. R. No.151) to au- and ordered to be printed. thorize the erection of an equestrian statue of the late General George JAMES STEWART. A. Custer; which was rea-d a first and second time, referred to the Mr. SINGLETON also introduced a bill (H. R. No. 3915)for there- Committee on the Library, and ordered to be printed. lief of James Stewart, an alien resident of Delhi, Louisiana; which MOSES BRADLEY. was read a first and second time, referred to the Committee on War Claims, and ordered to be printed. Mr. PHELPS introduced a bill (H. R. No. 3905) for the relief of HUGH LEWIS. Moses Bradley, late private in Company G, First Regiment Connectl- cut Heavy Artillery; which was read a first and second time. Mr. SINGLETON also introduced a bill (H. R. No. 3916) for the re· Mr. GARFIELD called for the reading of the bill. lief of the estate of Hugh Lewis,.Jate of .Madison County, Mississippi; The bill waa read, referred to the Committee on War Claims, and which was read a first and second time, referred to the Committee on ordered to be printed. War Claims, and ordered to be printed. TAX ON STATE BANK CIRCUI.ATION. DAVID J. BROWNE. Mr. ATKINS introduced a bill (H. R. No. 3906) to repeal the tax on Mr. SINGLETON also introduced a bill (H. R. No. 3917) for there- State bauk circulation; which waa read a first ann second time. lief of David J. Browne, an alien resident of Hinds County, Missis· Mr. GARFIELD called for the reading of the bill. sippi; which was read a first and second time, referred to the Com- 'rhe bill was read, referred to the Committee on Banking and Cur- mittee on War Claims, and ordered to be printed. rency, and ordered to be printed. MONUMENT TO GENERAL NICHOLAS HERKIMER. GOLD AND SILVER COL.~. Mr. G. A. BAGLEY introduced a bill (H. R. No. 3918) to appropri- Mr. LANDERS, of Indiana, introduced a bill (H. R. No. 3907) for ate money for the erectiljl of a monument to the memory of the late the immediate utilization of gold and silver bullion, to encourage General Nicholas Herkin:ier, of New York; which was read a first and the coinage thereof, and to make the standard silver dollar a full legal second time, referred to the Committee on Appropriations, and or· tender; which was read a first and second time. dered to be printed. Mr. LANDERS, of Indiana. I move that the bill be referred to the LEVI W. POND AND EAU CLAIRE LUMBER COMPANY. Committee on Coinage, Weights and Measures, a,nd ordered to be printed. Mr. KIMBALL introduced a bill (H. R. No. 3919) to repeal an act en- Mr. KASSON. I call for the reading of the bill. titled "An act confirming and extending a patent right to Levi W.Pond The bill was read. and Eau Claire Lumber Company," approved June 10, 1872; which Mr. BANKS. That bill ought to go to the Committee of the Whole was read a first and second time, referred to the Committee on Pat- on the state of the Union, and I mo\'"e that it be referred to that com- ents, nnd ordered to be prir:ted. mittee. - Mr. KIMBALL also introduced a bill (H. R. No. 3920) to amend an act Mr. BRIGHT. Would it be in order to move to refer the bill to the entitled ''An act confirming and extending a patent to Levi W. Pond Committee on Banking and Currency f and E:m Claire Lumber Company," approved June 10, 1872; which The SPEAKER pro tempore. It would; but the first question to be was read a first and second time, referred to the Committee on Pat- put under the rules is upon the motion of the gentleman from Massa- ents, and ordered to be printed. chusetts [M.r. BANKS] to refer the bill to the Committee of the Whole ORDER OF BUSINESS. on the state of the Union. · Mr. HURLBUT. Has the morning hour expired f Mr. LANDERS, of Indiana. I havo been informed by several gen- The SEEAKER pro tempore. The morning hour has expired. tlemen that they desire to discuss this bill. In view of that fact I Mr. PIPER. Then I call for the regular order of business. am disposed to yield to the suggestion made by the gentleman from :Massachusetts, [Mr. BANKS,] and allow the bill to be referred to the / CHINESE IMMIGRATION. Committee 1of the Wholo Honse on the state of the Union. · The SPEAKER pro tempore. At the time of the adjournment on The motion to refer to the committee was agreed to. Monday last, the yeas and nays had been ordered upon the motion of HUGH L. GALLA.GHER. the gentleman from California [Mr. PIPER] to suspend the rules and pass the resolution which the Clerk will read. Mr. HARRIS, of Virginia, (by request,) introduced a bill (H. R. No. Mr. SPRINGER. I rise to a point of order. The motion to ·sus- 3908) for the relief of Hugh L. Gallagher; which was read a first and pend the rules having failed on Monday last by reason of adjourn· second time. ment, it cannot now come up as unfinished business. Each motion Mr. HURLBUT. I Mk that the bill be reported. to suspend the rules is independent and of itself. If the House failed The bill was read at length, referred to the Committee on War by adjournment to suspend the rules on the day the motion is made, Claims, and ordered to be printed. it cannot again come up as unfinished business. COLUMBUS REID. Mr. PIPER. The unfinished business was the calling of the yell8 Mr. SPENCER introduced a bill (H. R. No. 3909) for the relief of and nays, which had been ordered. Columbus Reid, of Louisiana ; which was read a first and second time. The SPEAKER pro tempore. In this instance the yeas and nays had 1\Ir. KASSON. Let the bill be read at length. been ordered, and the House '!as about to proceed to vote when the The bill was read in full, referred to the Committee on War Claims, motion to adjourn was made and carried. It seems to the Chair but and ordered to be printed. fair to recognize the motion to suspend the rules and pass the resolu- tion as now coming 11p as unfinished business. The gentleman from RESUMPTION. OF SPECIE PAYMENTS. California [.Mr. PIPER 1 is entitled to the vote which was ordered upon Mr. EAMES introduced a bill (H. R. No. 3910) in addition to an act hiM motion. The Clerk will read the resolution. entitled "An act to provide for the resumption of specie payments," 1'he Clerk read as follows: approved January 14, 1875; which waa read a first and second time. Whereas the Sen.'\te has passed a resolution authoruing the appointment of a Mr. HALE called for the reading of the bill at length. committee of three Senators t.o visit the Pacific coast and report t.o Congress, at its The bill was read in full, referred to the Committee on Banking and next session, upon the character, extent, and effect of Chinese immigration into this country : Currency, and ordered to be printed. Resolved, That the Speaker is hereby authorized to appoint three memboi'I'I of this House to proceed to the Pacific coast, after the adjournment of Congress, to JOHN W. ROBINSON. investiS!ate, conjointly with said Senate committee or otherwise, the extent and Mr. SINGLETON introduced a bill (H. R. No. 3911) for the relief and effect of Chinese immigration into this country, wU.h power to send for persons papers, to administer oaths, to employ a stenographer, and to take eVIdence; of John W. Robinson, a resident of Hinds County, in the State of said committee to report to Congress at ita ne:rl session. Mississippi; which was read a first and second time, referred to the Committee on War CL'lims, and ordered to be printed. Mr. HOLMAN. In order to save time, I move to reconsider the vote by which the yeas and nays were ordered upon this motion, as I presume MRS. ELIZA C. CAGE. there will be no objection to the adoption of this resolution. Mr. SINGLETON also introduced a bill (H. R. No. 3912) for the re- Mr. RANDALL. If there be no objection, I would like to have in- ~ef ?f M~. Eliza C. Cage, of Hinds County, in the State of Misais- serted in this proposition an appropriation of $6,000 to meet the nec- Blppl; wh10h was read a first and second time, referred to the Com- essary expenses of the committee already appointed by the Senate mittee on War Claims, a~d ordered to be printod. . and the committee which may be appointed by the House. An effort MRS. ANN SIIEELY. was made to insert such an appropriation in the sundry civil bill while it was before the committee of conference; but it could not be Mr. SINGLETON also introduced a bill (H. R. No. 3913) for there- done because there- was nothing in controversy between the two lief of Mrs. Ann Sheely, of Conoorilia Parish, in the State of Louisiana· Houses relating to that subject. which was read a first and second time, referred to the Committe~ .Mr. HOLMAN. The difficulty is that this is not a joint resolution. on War Claims, and ordered to be printed. An appropriation must be made by the action of both Houses. 4672 CONGRESSIONAL RECORD-HOUSE. Mr. RANDALL. Then I will hereafter present a separate proposi- ELECTION CO~"'TEST-PLATT VS. GOODE. tion for t he necessary appropriation. Mr. BROWN, of Kansas. I am directed by the Committee of Elec- Mr. HOLMAN. I presume there is no objection to this resolution; tions to submit a report in the contested-election case of Platt vs. and on that account it iB hardly desirable to occupy time in calling Goode, from the second congressional district of Virginia. I give no- the yeas and nays. tice that I shall call it up at the earliest practicable moment. Mr. LUTTRELL. What is the proposition of the gentlem:m from The report, which was accompanied by the following resolutions, Indiana! was laid on the table, and ordered to be printed: The SPEAKER pro tempore. To reconsider the vote by which the Resolved, That John Goode, jr., wa.s not elected, and is not entitled, t.o a. seat in yeas and nays were ordered. the House of Representa.tives m the Forty-fourth Congress from the second con- Mr. HOLMAN. I withdraw the motion to reconsider. gressional district of Virginia. Mr. LUTTRELL. Do I understand this to be a joint resolution. Resolved, That James H. Platt, jr., was elected, and is entitled, to a seat in the Forty-fourth Congress aa Representative from the secoml district of Virginia. The SPEAKER p1·o tcrnpo1·e. It is a simple resolution; and discus- sion of it is not in order. Mr. BLACKBURN, by unanimous consent, submitted a statement The question was taken; and th(;:lre were-yeas 186, nays 14, not of the views of a minority of the Committee of Elections upon the voting 86; as follows: same case; which was laid on the table, and ordered to be printed. The resolution accompanying the report of the minority iB as fol- YEAS-Messrs. Ainsworth, Ashe, Atkins, Bagby, George .A.. Bagley, John H. Bagley, jr., John H. Baker, Ballou, Banks, Bannl.ng, Blackburn, Blair, Bland, lows: Bradford, Bright, John Young Brown, William R. Brown, Buckner, Horatio C. Resolved, That John Goode, jr., was elected, and is entitled, to the seat which he Burchard, Samuel D. Bw·chard, John H. Caldwell, William P. Caldwell. Campbell, now holds in tlt e Honse of Representatives in the Forth-fourth Congress from the Candler, Cannon, Cason, Cate, John B. Clarke of Kentucky, John B. Clark, JI'., of second congressional district of Virginia. Missouri~,..., Ulymer, Cochrane, Conger, Cox, Crapo, Culberson, Cutler, Danford, DarraH, vavis, Davy, De Bolt, Dunnell, Durand, Eames, Eden, Evans, Felton, E.K.S~~AD,DECEASED. Finley, Forney, Fort, Foster, Frye, Garfield, Gause, Gibson, Goodin, Gunter, Mr. TUCKER, by unanimous consent, from the Committee of Ways Hale, Andrew H. Hamilton, Hancock, Hardenbergh, John T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Hathorn, Henkle, Hereford, Hill, Holman, Hopkins, and Means, reported a bill (H. R. No. 3921) for the relief of E. K. Hoskins, House, Hubbell, Hunter, Hurd, Hw-lbut, Jenks, Frank Jones, Thomas Snead, deceased, and his sureties, for loss of certain books of special L.Jones, Kasson, Kelley, Kimball, Knott, Lamar, Franklin Landers, Lane, Lapham, stamps and coupons; which was read a first and second time, re- Lawrence, Leavenworth, Le Moyna, Levy, Luttrell, l,.ynde, L . .A.. Mackey, Magoon, ferred to the Committee of the Whole on the Private Calendar, and, Maish, MacDoug;all, McDill, McFarland, Meade, MHler, Milliken, Monroe, Mor- gan, MoiTison, :Kash, New, Norton, O'Brien, Oliver, O'Neill, Packer, Page, Payne, with the accompanying report, ordered to be printed. Piper, Plaisted. Poppleton, Powell, Pratt;, Rainey, Randall, Rea, Reagan, John G. T. BEAUREGARD. Reilly, James B. Reilly, Rice, Riddle, John Robbins, William M. R{)bbins, Robin- son, .Miles Ross, Rusk, Sampson, Savage, Scales, Schleicher, Schumaker, Single- 1\Ir. TUCKER. I move, by unanimous consent, to take from the ton, Sinnickson, Slemons, A. Herr Smith, William E. Smith, Sparks, Springer, Speaker's table a bill (S. No. 952) to remove the political disabilities Strait, Stevenson, Stone, Tarbox, Teese, Terry, Thompson, Thornburgh. Throck- mort.on, Washingt{ln Townsend, Tucker Tufts, Turney, Van Vorhes,· .John L. of G. T. Beauregard, of New Orleans, Louisiana.. Vance, Robert B. Vance, W:lddell, Wait~ Charles C. B. Walker. Gilbert C. Walker, There was no objection, and the bill was read a first and second Alexander S. Wallace, John W. Wallace, Walling, Walsh, Ward, WaiTen, Eras- time. tua Wells, Whi~bo u se, Whiting, Whitthorne, Wig,!dnt{)D, Wike, Alp hens S. Will- The bill, which wa-s read, provides (two-thirds of each House con- iam!!,James D. Williams, Jeremiah N. Williams, Will.iamB. Williams, Willis, Wil- curring the reiD) that the political disabilities imposed upon G. T. Beau- shire, Benjamin Wilson, and Woodbnrn-186. NAYS-Messrs. Anuex·son, Boone, Bmdley, Cook, Haymond, Kehr, Lewis, Ed- regard, of New Orleans, Louisiana, by the fourteenth amendment to mund W. M. Mackey, Phelps, William A. Phillips, Pierce, Potter, Willard, and the Constitution of the United States by reason of participation in Young-14. the rebellion are hereby removed. NOr VOTING-Messrs. Adams, William H. Baker, Bass, Beebe, Bell, Bliss, The bill was ordered to a third reading ; and it wa-s accordingly Blount, Burleigh, Cabell, Caswell, Caulfield, Chapin, Chittenden, Collins, Cowan, Crounse, Denison, Dibrell, Dobbins, Douglas, Durham, !gbert, Ellis, Elv, Faulk- read the third time, and passed, two-thirds voting in favor thereof. ner, Franklin, Jl1i-eeman, Fuller, Glover, Goode, R{)bert .t:J.amilton, Haralson, Ben- jamin W. HaiTis, Henry R. Harris, Hays, Hendee, Henderson, Abram S. Hewitt, CUSTER'S CO:'IIM.A.NI>. G?ldsmith W. Hewitt, Hom:, Hoge, Hooker, Hunton, Hyman, Joyce, Ketiper, Plaisted, Potter, Powell, copies made and forwarded. Pratt, Rainey Miles Ross, Rusk, Sampson, Schleicher, Schumaker, Sinnickson, Mr. KASSON. I presume there would be no objection unless as re- Smalls, .A.. Herr Smith, Strait, Tarbox, Teese, Thompson, Thornburgh, Throck- morton, Martin I. Townsend, Washington Townsend, Tnfts, Charles C. B. Walker, gards the question of the clerical force that would be required to do Alexander S. Wallace, Warren, Whiting, Wike, Willard, A.lpheus S. Williams, this work. The resolution directs this to be done "without delay" William B. Williams, Willis, and Woodburn-9'2. . I think the gentleman should present a letter from the Department NOT VOTING-Messrs. Adams, Bagby, Banning, Bass, Blackburn, Bliss, Blount, as a basis for the resolution. Cabell, Cason, Caswell, Chapin, C,'bittenden, Collins, Cowan, Cox,Crounse, Darrall, Denison, Dobbins, Durham, Ellis, Ely, Faulkner Franklin, Freeman, Fuller, Mr. HALE. The Department would not object if it be a· proper Glover, Goode, Gunter, Robert .Hamilton, Haralson, He!ll'Y R. Harris Harrison, Ha- thing. thorn, Ha~s, Hendee, A..bram S. Hewitt, Goldsmith W. Hewitt, H.ll, Hoar, Hooker, Mr. ROBBINS, of North Carolina. There are only two or three let- Hunton, Hyman, FrankJon&~, Joyce, King, Knott, George M. Landers, Lapham, l-~ch, .McCrary, Metcalfe, Milliken, lllilis, Money, Mutchler, Nash, Neal, Odell ters and the copying would not take up much time. Oliver Phelps, John F. Philips, Platt, Purman John Robbins, R<>berts, Sobieski1 The SPEAKER pro tempore. There is objection to the present con· Ros~, Sayler, Scale..~, Seelye, Sheakley, Sou~. Stenger, Stowell, Swann, Tncker, sideration of the joint resolution. Wa1t, Waldron, John W. Wallace, Ward, G. Wiley Wells, Wheeler White, A.n- Mr. ROBBINS, of North Carolina. Then I move that the rules be drt?wWilliams,CharlesG. Williams, James Williams, JeremiahN. Wiilli.ms, James Wilson, Alan Wood, jr., Fernando Wood, Woodworth, and Yeates-92. suspended and that the joint resolution be passed. The question being taken on suspending the rules, there were- So (two-thirds not having voted in favor thereof) the rules were yeas 99, noes 47. not suspended. So the ru1es were suspended, (two-thirds having voted in favor During the roll-call the following announcements were made: thereof,) and the joint resolution (H. R. No. 152) was passed. Mr. J~NKS. My colleague from Pennsylvania., Mr. STENGER, is absent by leave of the House. INVESTIGATION OF WHISKY FRAUDS IN SAINT LOUIS. Mr. OLIVER. I am paired with my collea~ue from Iowa, Mr. Mr. COCHRANE. I move that the rules be suspended and the fol- McCRARY. If he were here he would vote "no,' and I should vote lowing resolution adopted: "ay." Resolved, That leave be, and the same is hereb~ granted to the Select Commit- Mr. BRADLEY. My colleague from Wisconsin, Mr. W.ALDRON, is tee to Investigate the Whisky Frauds at Saint LOuis to have printed the testi- mony heretofore taken by saia committee; said testimony, when printed, w be re- absent by leave of the House. On this question he is paired with Mr. ferred back to Said committee. NEAL, of Ohio. If present he would vote "no," and Mr. NEAL would The rules were suspended, (two-thirds voting in favor thereof,) and vote "ay." Mr. TERRY. My colleague from Virginia, Mr. CABELL, is absent by the resolution wa.a adopted. leave of the House; my colleagues, Mr. GoODE and Mr. HUNTON, are COMMITTEE-CLERK. absent on account of sickness. If present they would vote" ay." Mr. POWELL. I am instructed by the Committee of Accounts to Mr. TOWNSEND, of Pennsylvania. I desire to announce that Mr. offer the resolution which I send to the desk; and I move that the WELLS, of Mississippi, is absent on account of illness. rules be suspended and that the resolution be adopted. Mr. SPARKS. My colleague from illinois, Mr. BAGBY, left the Hall The Clerk read the resolution, as follows: a while ago quite unwell. Resolved, That the Committee on Expenditures in the War Department be, and M1·. SCALES. My colleague from North Carolina, Mr. YEATES, is is hereby, allowed the services of a clerk for the term of sixty days from the 30th absent by leave of the House. I am paired with the gentleman from day of May, 1876, at the rat-e of compensation heretofore paid him, if the session of Ma.ssachusetts, Mr. SEELYE, who if present would vote "no," and I Congress shall continue for that length of time. would vote" av." The rules were suspended, (two-thirds voting in favor thereof,) and Mr. MAcDOUGALL. My colleague, Mr. ADAMs, is absent on ac- the resolution was adopted. count of illness. If present he would vote "no." WAR EXPENSES IN OREGON .A.l.."W CALIFORNIA. Mr. LAWRENCE. I am requested to announce that the gentleman Mr. LANE. I move that the rules be suspended, and that the Com- from Kentucky, Mr. WmTE1 is detained at home by important busi- mittee of the Whole on the state of the Union be discharged from the ness. Mr. ATKINS. The gentleman from Kentucky, Mr. BLACKBURN, is further consideration of the bill (H. R. No. 147) to authorize the Sec. detained at his room by sickness. retary of War to pay the expenses incurred by the State of Oregon Mr. DARRALL. On this question I am paired with my colleague and citizens of California in suppressing hostilities in the States of from Louisiana, Mr. ELLis. If present he would vote" ay," and I Oregon and California in the years 1872 and 1873, and that the same should vote " no." be passed. · Mr. COX. I call for the reading of the report accompanying the The result of the vote was then announced as above recorded. bill. MESSAGE FROM THE SENATE. Mr. LANE. The bill has been reported by the Committees on ~­ itary Affairs of the last and the present Congresses. A message from the Senate, by Mr. SYMPSON, one of their clerks, an- The bill, a~ proposed to be amended, was read, a.a follows: nounced that the Senate had passed bills of the following titles; in Be it enacted, th;., That it shall be the duty of the proper acconnting officers of which the cononrrence of the House was requested: the Treasury to examine and determine the amonnts JUstly due to the State of Ore- A bill (S. No. 72'2) for the relief of Charles F. Chandler; and gon and citizens of California upon claims for expenses incurred in suppressing the A bill (S. No. 781) for the relief of the estate of Amos Ireland, de- Modoc Indian hostilities in the States of Oregon and California in the years 1872 and ceased. 1873 ; and the sums fonnd due to the State of Oregon shall bo paid to the State of Oregon upon the presentation of evidence to the accounting officers of the Treasury NORTH CAROLINA OFFICIAL RECORDS. that the State of Orefaon, by act of its Le~lature, has assumed the payment of the claims t<> the origina holders thereof or ro their assigns; and the sums fonnd due Mr. ROBBINS, of North Carolina. I ask unanimous consent to to citizens of California shall be paid to the persons entitled thereto by a disburs- have put upon its passage at this time the joint resolution which I ing officer, under the direction of the Secretary of War. send to the desk. SEC. 2. That for the payment of the olaims of the State of Oregon the sum of The joint resolution was read, as follows : $70,268.88, or so much thereof as may be necessary, be, and is her eby, appropriated out of any money in the Treasury not otherwise appropriated; and for the payment A. joint resolution instructing the Secretary of War to forward to the State of of the claims of citizens of California the sum of 4,441.63, or so much thereof as North llarolina authenticated copies of certain State records captured in 1865. may be necessary, be, and hereby is, appropriated out of any money in the Treasury Whereas there are in the.War Department snndry letter-books of the executive not otherwise appropriated. office of the State of North Carolina which were removed from Raleigh in 1865, upon the surrender of that city to the Army of the United States. Mr. HOLMAN. I wish to inquire of the gentleman from Oregon Re8ol'Oed, ~c., That the Secretary of War is hereby instructed to cause complete whether this latter item of four thousand four hundred odd dollars .. IV-293 4674 CONGRESSIONAL RECORD-HOUSE. - - JULY 17, to be paid to citizens of California was found to be due by the com- Aftertho suppression of hostilities the board of State auditors, organ- mission appointed by the la-st Congress t ized according to the laws of Oregon, consisting of governor, secretary Mr. LANE. Yes, sir; that amount was found due, and the Commit- of state, and the adjutant-general, assembled at Salem and proceeded tee on Military Affairs has reduced it by tho proposed amendment. to audit the accounts, so far as to Mcertain and determine the indebted- 1\-Ir. HOLMAN. Are all the sum~ contained in this bill the sums nessof the State to individuals arising from services a-s soldiers for sup- found due by that commission T plies and transportation. The board allowed $2 per day for privatesol- Mr. LANE. Yes, but the Committee on Military.Affairs have re- diers and $2 per day for private horses engaged in the service, the State duced the amount below that reported by the commission. purchasing supplies and procuring transportation upon credit, and Mr. HOLMAN. How much is the reduction f under most pressing circumstances may have been compelled-! do M.r. LANE. Two thousand dollars as to Oregon and about $200 not know that it·was so-in certain installces to pay higher rates than as to California. were paid for similar services and suppl~es by the officers of the regular Mr. Speaker, I cannot imagine that any member of this House can Army who purchased for cash. This board found due from the State object to this bill, as reported with amendments by the Committee on to citizens for services and supplies heretofore mentioned the sum of Military Affairs, except it should be myself. That committee is com- $131,000, and on the 2'~d day of October, 1874, the Legislature of that posed of honorable, able, and, best of all, pure and good men. They State passed a law provicling for the payment of the entire amount are wholly incapable of doing an intentional wrong; and therefore I so:founrl due, and that, too, in gold coin of the United States. should not and I will not complain of their action. 1 am constrained Recognizing the legal obligation of the Government to make re- to say, however, in justice to myself that, in my opinion, the bill a-s imbursement, Congress by a.ct approved June, 1874, directed the Sec- introduced by me was entitled to the favorable consideratiq.n of this retary of War to ascertain the amount of the expenses incurred by body. Most certainly I introduced it in good faith. With the history the State of Oregon and citizens of California in suppressing the of the Modoc war the gentlemen of this House are familiar. It was Iudian hostilities referred to. General James A. Hardie, Inspector- a remarkable and will doubtless prove a memorable contest. These General United States Army, was detailed for that purpose. From Indians, vicious and desperately bad men, had by treaty of the 14th an examination of his report, as well as from my personal observation, day of October, 1864, ceded their land or right of occupancy, for I he performed that task with mnch care, but unfortunately, and I recognize no other title in the Indians, to the United States and agreed think unjustly, from a strict military point of view and not in that to go upon the reservation provided for them. Notwithstanding this spirit of equity and justice that should influence Congress in the solemn cession of their territory they continued to claim ownership premises. In General Hardie's report he recommends the payment therein and to exact contributions, rents, &c., from the settlers thereon. of $72,637.83 to the State of Oregon and to re-imburse the citiz·ens of That there may have boon a laxity in the discipline at the Klamath California the sum of $4,621.33. The Government has acknowledged, agency I am neither prepared to assert nor deny; but if such was the and very justly, too, its liability, but by General Hardie's report it is case, it would rather increase than diminish the responsibility of the sought to reduce the amount to be paid. The Committee on Military General Government. Sure it is the Indians were not confined to the Affairs seem to concur in this view. reservation, but, on the contrary, went beyond the limits thereof, Is it just to confine the State in this matter to the rules governing committing depredations upon tho whites, stealing cattle, horses, and the regular Army T I think not. It may be true that it cost the State sheep, and otherwise seriously annoying them. . of Oregon for supplies and transportation more than it did the United The Indian department in Oregon finally, in response to frequent States, but I apprehend it was only the difference between cash and appeals from settlers, and in accordance with cluty, sought by peacea- creclit. It was certainly the temporary inability of the Government ble means to induce these Indians to keep their treaty and return to to furnish adequate protection for its citizens that Oregon was re- the reservation. All measures of a pacific character failed. In No- quired to ask for any credit whatever. True we could not obtain vember, 1872, the superintendent of Indian affairs in Oregon having volunteers at less than the price audited, bnt it was the fault of the conferred with and acting under instructions from the Indian Depart- Government and not of my people that the State of Oregon was com- ment at Washington, proceeded to Link River, near the reservation, pelled to ask for soldiers at all. The compensation of volunteers under for the purpose of requiring the recusant Modocs to comply with the these circumstances should not be measured by the pay allowed the stipulations of the treaty. The instructions were to use peaceable regular soldier. In the one instance the enlistment is for a long period, means if possible, forcible if necessary. As I have indicated, peacea- business arrangements are made with that view, and no pecuniary ble means failed, and on the 29th day of November, 1872, Major Jack- sacrifice is required. In the other, the case of the volunteers, the son, of the United Stat.es Army, who was endeavoring to execute the enlistment is for the war only, homes are deserted, families abandoned, order of the superintendent for the removal of tho Indians, was re- business suspended, and the brave fellows go to the front to fight, to sisted and his troops were fired upon by them. The war then began. suffer, to shoot, and be shot at. They enjoy not the ea e and comfort On that night eleven citizens were massacred, and on the day fol- and security of a soldier in peace, but nobly welcome the dangers and lowing seven more fell victims to savagery of the infamous red scoun- cheerfully endure the privations of war. I trust the value of our drels under the command of Captain Jack and the immediate lead brave volunteers in such emergencies will not be depreciated or their of Hooker Jim. Husbands were murdered in presence of their wives, services underestimated. When the danger is greatest, when their and harmless, innocent children were tortured to death within the valor, their patriotism is t-ested, they have always and most nobly aud gaze of their unhappy mother. gallantly responded and have fully met the test and proved them- But it is uunooes..-,ary to dwell upon these horrors. Owing to the solves adequate for the occasion. In this instance they only a-sked of character of the country in which the Indians sought refuge and the State compensation commensurate ~th their services and the whence they directed their operations, the war assumed very serious sacrifices made. The State has honored the claim. Will the General proportions. Dismay spread throughout t~e exposed settlement. The Government fail to recognize its obligation to tho State f We do not UnitetlStates troops were insufficient to guarantee immediate protec- ask, although entitled to, full re-imbursement. The State pays in tion. An urgent demand was therefore made upon Governor Grover coin, while we only ask the currency of the Government. for troops to protect the lives and property of our citizens and to se- As for the gallant citizens of California who rendered most valua- cure the rites of burial to the dead. In response to these demands ble service, the Inspector-General recommends the payment of the the governor, who was vigilant as well as cautious, prompt as well as amount embraced in the bill · as introduced by myself. If the rule careful, called out troops, purchased supplies, and provided the neces- laid down by General Hardie is to prevail in all cases, what need have sary transportation. These troops co-operated with the regular Army we for a standing army! If we can obtain volunteers whenever oc- and acted under the orders of the regular Army officers, and it is con- casion demands who are to be paid only for the time actually engaged ceded their services were valuable indeed, and even absolutely neces- in war at the same price we obtain regular soldiers, then the soldier sary to secure protection to the lives and property of citizens in that of peace is worse than useless; for I greatly doubt if he is even orna- exposed region. mental. Under the first call two companies were raised composed of one Understand me, however, I do not mean to antagonize the report of hundred and twenty-eight men, officers and privates. Their average the committee, for I cannot afford to imperil the success of the bill service was fifty-two days, from December, 1872, to February, 1873. even as amended. I repeat, that I doubt not the members of that They participated in the first fight, that of January 17, 1873. The committee are disposed to act fairly. I am only sorry that they did result of that engagement was unfortunate. The lava beds furnished not view this matter as I do. I appreciate their situation. They to the Indians a fortification more secure and, for the character of could not forget that our Government is burdened with an immense their warfare, more formidable than art could provide. The volutl- debt; that our Treasury is depleted; that financial distress prevails teers, however, displayed that valor which always distinguishes the throughout the country; that the mela.ncholy" wail" of'' hard times" frontier soldier. Had it not been for their presence and Msistance on comes up from the poor people throughout the land and from every that day the fate of the rogular soldiers, and gallant, brave souls they direction. God grant that in tho immediate future such change in were, from commander to private, might have been painful indeed the mana(J'ement of governmental affairs may be wrought that gen- to contemplate. eral relief may be obtained and that this distressful cry may cease, After the assassination of the peace commissioners, Aprilll, 1873, never to be heard more. and the breaking out of new hostilities, a second call, justified by the I have performed my duty. I accept the report of the committee. extraordinary emergency of the occasion, was made, and three com- It is the best I can do. I sincerely trust at another time, another panies, comprising one hundred and fifty~men, officers and privates, Congress, when the country is more prosperous, will be disposed to were then furnished by the State. Their average service was forty- fill full the measure of justico for my State. four days, from May until the close of the war. The last capture, Mr. LUTTRELL. I was present at the time General Hardie, the numbering a dozen warriors, including one of the murderers of Gen- commissioner appointed to take the testimony, took this testimony, eral Canby, was made by the Oregon volunteers under the command and I know that the accqunts are correct in every particular. of General Ross. . The question was taken on Mr; LANE's motion, and (two-thirds .1876. -CONGRESSIONAL RECORD-HOUSE . 4675 voting in favor thereof) the rules were suspended, and the bill, as The question was taken on Mr. EDEN's motion; and there were- amended, was passed. yeas 99, nays 99, not voting 88; as follows: ERROR IN ENROUMENT. YEAS-Messrs.Ashe,Atkins, John H.Baker,Ballou,Ba.nks, Bright, John Young Mr. HOLMAN. I ask leave to offer the joint resolution which I Brown, William R. Brown, Horatio C. Burchard, Samuel D. Burclia.rd, William P. Caldwell, Candler, Cannon, Clymer, Conger, Cook, Cox, Danford, DarraH, Davis, send to the Clerk's desk. Durand, Eames, Eden, Egbert, Evans, Felton, Forney, Foster, Frye, Fuller, Gar- The joint resolution was read, as follows : field, Gause, Gunter, Hale, Benjamin W. Harris, Henderson, Hill, Hubbell, Hunter, .Resolved, ~c., That the act approved July 12, 1876, entitled "An act making ~P· Hurd, Hurlbut, Thomas L. Jones, Kasson, Kehr, Ketcham, George M. Landers, propriations for the service of the Post-Office Department for the fiscal year enili.ng Leavenworth, Lynde, Edmund W. M. Mackey, Magoon, Morrison, Nash, O'.Brien, June 30, 1877, and for other purposes," be amended a.s follows; Oliver, O'Neill, Packer, Page, Pierce, Plaisted, Powell. Pratt, Rainey, Randall, Rea.~,an, James B. Reilly. Miles Ross, Sampson, Schleicher, Schumaker, Singleton, · In line 36, section 7, of said act, as printed by authority of the Department of Smaus, A. Herr Smith, William E. Smith, Strait, Stone, Tarbox, Teese, Terry, State, after the word "sums" strike out the woril "not." Thompson, Martin I. Townsend, Washington Townsend, Tucker, Wait, Charles C. B. Walker, Alexander S. Wallace, Johri W. Wallace, Walsh Warren, Erastus The SPEAKER pro tempore. Will the House give its consent to the Wells, Whitehouse, Whiting, Whitthorne, Wigginton, Wike, Alpheus S. Williams, consideration of this resolution at this timeT JeremiahN. Williams, Willis, Wilshire, and Young-99. Mr. CONGER. I must reserve the right to object until the matter NAYS-Messrs. Ainsworth, Anderson, George A. Bagley, John H. Bagley, jr., is explained. Bell, Blair, lnaad, Boone, Bradford, Bradley, John H. Caldwell, Cate, Cauiti.eld, John B. Clarke of Kentucky, John B. Clark, Jr., of Missouri, Cochrane, Crapo, Cul- Mr. HOLMAN. The mistake was in the enrollment of the confer- berson, Cutler, Davy. De Bolt, Dibrell, Dobbins, Douglas, Dunnell, Finley, Fort, ence report; it was not in the engrossment of the House bill, nor in Goodin, Andrew H. Hamilton, Hancock, Hardenbergh, John T. Harris, HaiTi.son, the pro~eedings prior to the passage of the bill through the Senate H:ntridge, Hartzell, Hatcher, Haymond, Hereford, Holman, Hopkins, Hoskins, with amendments. Honse, Jenks, Kolley, Kimball, Lamar, Franklin Landers, Lane, Lawrence, Le Moyne, Levy, Lewis, L. A. Ma{lkey, Maish, MacDougall, McDill, McFarland, Mil- The mistake is as follows: ler, Milliken, Mills, Monroe, Morgan. New, Norton, Payne, Johu F. Philips, Will- The language of the act was in line 36, section 7- iam A. Phillips, Piper, Poppleton, Potter, Rea., John Reilly, Rice, Riddle, John Two-thirdsof 1 per cent.on allsumsnotover$640,000andnotexceeding$1,280,000. Robbins, William M. R~bbins, Robinson, Rusk, Savage, Scales, Sinnickson, Sle. mons, Sparks, Spencer, Springer, Stevenson, Thornburgh, Throckmorton, Tufts, The first "not" should be stricken out from that pa.ssage. Turney, John L. Vance, Robert B. Vance, Waddell, Gilbert; C. Walker, Walling, No objection being made, the joint resolution (H. R. No. 153) re- Willard, Ja~sD. Williams, Benjamin Wilson, and Woodburn-99. NOT VOTING-Messrs. Adams, .Baaby, William H. Baker, Banning, Bass, Beebe, ceived its several readings, and was engrossed and passed. Blackburn, Bliss, Blount, Buckner, Burleigh, Cabell, Campbell, Cason, Caswell, Chapin, Chittenden, Collins, Cowan, Crounse, Denison, Durham, Ellis, Ely, Faulk- ORDER OF BUSINESS. ner, Franlilin, Freeman, Gibson, Glover, Goode, Robert Hamilton, Haralson, Henry Mr. VA.NCE, of Ohio. I desire to offer a resolution for adoption R. Harris, Hathorn, Hays, Hendee, Henkle, AbramS. Hewitt, Goldsmith W. Hewitt, Hoar, Ho~e, Hooker, Hunton, Hyman, Frank Jones, Joyce, Kin~~ Knott, Lapham, now. · Lord, Lnf.trell, Lynch, McCrary, McMahon, Meade, Metcalfe, .llloney, Mutchler, Mr. EDEN. I move that the House do now adjourn. Neal, Odell, Phelps, Platt, Purmau, Roberts, Sobieski Ross, Sayler, Seelye, Sheak- loy, Southard, Stenger, Stowell, Swann, Thomas, Van Vorhes, Waldron, Ward, G. J..EAVE OF ABSENCE. Wiley Wells, Wheeler, White, Andrew Williams, Charles G. Williams, .Jan:.es Pending the motion to adjourn, Williams, William B. Williams, James Wilson, Alan Wood, jr., Fernando Wood, Woodworth, and Yeates-88. · Mr. POPPLETON was granted leave of absence for three days. Mr. HEWITT, of Alabama, was granted an extension of his leave of So the House refused to adjourn. absence for fifteen days. During the roll-call, Mr. HATHORN was granted leave of absence for one week on ac- Mr. COCHRANE said my colleague, Mr. STE~GER, is absent by leave count of his health. of the Honse. Mr. WELLs, of Mississippi, was granted leave of absence on account Mr. MILLIKEN. I desire to say that my colleague, Mr. BLACKBURN, of sickness. has gone to his room sick. Mr. REA was granted leaye of absence for six days. :Mr. MONROE. The gentleman who sits at my right, Mr. Ross, of Pennsylvania, is detained at his room by illness. LEAVE TO PRINT. The result of the vote wa-s then announced as above recorded. Mr. COX. I ask unanimous consent for leave to print in the REc- Mr. FORT. I rise to a point of order. Does not the Speaker have ORD, as a part of the debates, some remarks upon the German treaty the casting vote in case of a tie t and the bill of the gentleman from West Virginia [Mr. FAULKNER] The SPEAKER p?'O tempore. The Speaker does not consider himself in relation to that subject. bound to adjourn the House; that is no part of his duty. There was no objection, and the leave was granted. [See Ap- REPEAL OF RESUMPTION ACT. pendix.] SALE OF INDIAN RESERVA.TION. Mr. VA.NCE, of Ohio. I now move that the rules be suspended for Mr. MORGAN. Pending the motion to adjourn, I ask unanimous theThe adoption of the· resolution which I send to the Clerk's desk. Clerk read the resolution offered by Mr. VANCE 1 of Ohio, as consent to call up the bill (S. No. 779) to provide for the sale of the follows: reservation of the confederated Otoe and Missouria Indians in the States of Kansas and Nebraska for the purpose of agreeing to the instructedResolved, That the Committee on Banking and Currency be, and they are hereby, to report to the House immediately after the reading of the Journal to- conference requested by the Senate on the disagreeing votes of the morrow a bill to repeal the resum:ption·da.y clause of the act entitled "An act to two Houses on the amendments of the Honse thereto. provide for the resumption of speCie payment," approved January 14, 1875. No objection was made. . Mr. KASSON. Is it in order to make these indirect attacks on Mr. MORGAN. I move that the House insist on its amendments Governor Tilden from that side of the Honse Y [Laughter.] and agree to the conference requested by the Senate. The SPEAKER pro tem.pore. The gentleman from Iowa is entirely The motion was agreed to. out of order in his remark. The only question is, Will the House sus- The SPEAKER pro tempore appointed Mr. MORGAN, Mr. WILSHIRE, pend the rules and pa.a.s the resolution offered by the gentleman from and Mr. PmLLIPs of Kansas as managers of the conference on the Ohio, [Mr. VAl~CE T] part of the House. Mr. FORT. And upon that question I call for the yeas and nays. ORDER OF BUSINESS. Mr. HUBBELL. Pending the motion to suspend the rules, I move The result of the vote on adjournment was then announced upon a that the House now adjourn. ~ division-ayes 91, noes 66. Mr. HOLMAN. Has there been any intervening business since the Mr. SPRINGER. I call for tellers. Honse voted down a motion to adjourn t Tellers were not Ol'dered, only 28 members voting therefor. The SPEAKER pro tempore. The Chair regards the offering of a Mr. O'BRIEN and Mr. SPRINGER called for the yeas and nays. resolution, its reading by the Clerk, and the motion to suspend the The question was put on ordering the yeas and nays ; and on .a rules and pass the resolution, as intervening business. division there were-ayes 30, noes 87; so (one-fifth voting in favor Mr. HOLMAN. I call for the yeas and nays on the motion to ad- thereof) the yeas and nays were ordered. journ. l\Ir. SPRINGER. I rise to a parliamentary inquiry. Is the resolu- The yeas and nays were ordered; there being 42 in the affirmative, tion of the gentleman from Ohio [Mr. VANCE] pending at this timet more than one-fifth of the last vote. Mr. EDEN. I object to debate. The question was taken; and there were-yeas 100, nays 90, not Mr. SPRINGER. Was that resolution entertained by the Chair! voting 96 ; as follows : Mr. MORRISON. That is no parliamentary inquiry; it is a false YEAS-Messrs. John H. Bagley, jr., William H. Baker, Ballou, Banks, Bell, pret.ense. Blair, Bright, J ohu Young Brown,William R. Brown, Horatio C. Burchard, Samuel Mr. SPRINGER. It is not. D. Burchard, Burleigh, Cand1er. Cannon, Conger, Cox, Crapo, Danford, Darran, De Bolt. Dunnoll, Durand, Eames, Felton, Foster, Frye, Garfield, Gause, Gunter, Hale, Mr. EDEN. I call the gentleman to order. Hardenbergh, Benjamin W. Harris, .John •.r. Harris, Hartridge, Hays, H enderson, The SPEAKER p1·o tempore. The Chair will state that there is no Hoskins, Hubbell, Hurlbut~ Kasson, Kehr, Kelle.v, Ketcham, Lamar, George M. Lan- difficulty about this matter. When the gentleman from Ohio [Mr. ders, Leavenwo~~l?-... Le Moyne, Edmnnd W. M. Mackey, Ma"oon, MacDougall, VANCE] rose to offer his resolution the gentleman from Illinois [Mr. McDill, Meade, .llliller, Milliken. Morrison, Nash, Norton, O'Brien, Oli;er, O'Neill, EDEN] rose and moved to adjourn, and the resolution of the gentle- Randau,1 Sampson, Schleicher, Schumaker, Sinnickson, Smalls, A. Herr Smith, Packe~ Page, William A. Phillips, Pierce, Piper, Plaisted, Powell, Pratt, Rainey, man from Ohio wa-s not forwarded to the desk or reported to the Honse Strait, Tarbox, Teese, Terry, Thompson, Thornburgh, Martin L Townsend, Wash· and it is not therefore before the House. ington Townsend, Tufts, Waddell, Wait, Charles C. B. Walker, Alexander S. Wal- Mr. HOLMAN. But he was recognized by the Chair. [Cries of lace, John W. Wallace, Warren, Erastus Wells, Whiting, Wigginton, Wike, Jere- miah N. Williams, William B. Williams, Willis, Wilshire, and Woodburn-100. "Regular .order."] • · NAYS-Messrs. Ainsworth, Anderson; Ashe, George A. Bagley, .John H. Baker, '4676 CONGRESSIONAL RECORD-SENATE, JULY 18, Bland :Boone Bradford Bradley, John H. Caldwell, William P. Caldwell. Camp- Mr. SHERMAN. What is the question t bell, Cason, C~te. Caulfield, John B. Clarke of Kentnc~, John B. C~ark1 _jr., of Mis- The PRESIDENT pro tempore. The Journal has already been read. souri, Clymer, Cochrane, Cook, Culberson, CuUe_r, DaVIS, Davy, D1~reu, Douglas, Eden, Egbert, Evans, Finley, Forney, Fort, Goo~n, Andrew H.liamilton, Hancock, Mr. EDMUNDS. It has not been approved T Har~ell, Hatcher, Henkle, Hill, Holman, Hopkins, Hunter, Jenk~, Frank Jones, The PRESIDENT pro tempore. It has not been approved if there Knott, Franklin Lan.!~rs, Levv, Luttrell, Lynde, L. A. Mackey, Maish, ~cFarland, is objection. It will be considered approved if there be no objection. Mills, Monroe, Morgan, New, Pop~leton, ~?tter, Rea, ~agan, J?hn Reill_y, James Mr. EDMUNDS. I ask if we have a quorum presentT B. Reilly, Rice, Ridill.e, John Robbms .. William M: Robbms, Roblll8on, Miles_Ross, Rusk, Sa.va"'e, Scs.lAs, Slemons, William E. Smith, Sparks1 Spencer, Sprmger, The PRESIDENT pro tempore. The attention of the Chair being St.evenson, §tone, 'Throckmorton, Tucker! TurneY., Van Vorn~, John L. Vance, called to it, there is not a quorum present. The Secretary will call Robert B. Vance, Gilbert C. Walker, Walling, Whitehouse, Whitthorne, James D. the roll of the Senate. Williams, and Benjamin Wilson-90. The Secretary called the roll of the Senate, and thirty-seven Sen- NOT VOTING-M688rs. Adams, Atkins, Ba~oy, Banning, Bass, Beebe, Black- burn, BliM, Blount, Buokner, Cabell. Caswell, Chapin, Chittenden, Co!J.ina, Cowan, ators answered to their names. Crounse, Denison, Dobbins, Durham, ~. Ely, Faulkner, Franklin. Fr_eeman, The PRESIDENT pro tempore. A quorum being now present, the Fuller Gibson, Glover Goode Robert Hamilton, Haralson, Henry R. HarriS, Har- Journal will stand approved, if there be no objection. rison, Hathorn, Haym~nd, H~ndee, Hereford, Abram S. Hewitt, Goldsmith W. Hewitt Hoar Hoge, Hooker, Honse, Hunton, Hurd, ·Hyman.:l Thomas L. Jones, HOUSE BILLS REFERRED. Joyce, lnmb~ll, ~g. Lane, Lapham, Lawrence, Lewis, Loru. Lynch, McC!~Y· McMahon, Metcalfe, Money, Mu~hler, Neal, Odell, Payne, Phelps, ~ohn F. Philips, The following bills from the House of Reprelientatives were sever- Platt, Purman, Roberts, Sobieski.. Ross, Sayler, Seelye, Sheakley. Sm~~n, South- ally read twice by their titles, and referred to the Committee on ard, Stenger, Stowell, Swann, Thomas,_ 'Yaldron, Walsh, War~ 1 .G. w 1ley Wells, Pensions: Wheeler White Willard Andrew Wil.liruns, Alpheus S. Wllllams. Charles G. Willi~, J ames'Williams; James Wilson, Alan Wood, jr., Fernando Wood, Wood- A bill (H. R. No. 3894) granting a pension to Mrs. Elizabeth Cus- worth, Yeates, and Young-96. ter, widow of the late George A. Custer; and A bill (H. R. N(). 3896) granting a pension to Maria. Custer and Before the result of the vote waa announced, Emanuel H. Custer. ENROLLED BILL SIGNED. The following bill and joint resolution from the Honse of Repre- Mr. HAMIL TO~, of Indiana, by unanimous co:risentt from the Com- sentatives were severally read twice by their titles, and referred to mittee on Enrolled Bills, reported that they had exammed and found the Committee on Military Affairs: truly enrolled a bill (}f the following title; when the Speaker pro A bill (H. R. No. 147) to authorize the Secretary of War to pay ex- tempore signed the same : penses incurred by the State of Oregon and citizens.of California in An act (S. No. 332) to amend the act entitled "An act to amend and suppressing Indian hostilities in the States of Oregon and California supplement an act entitled 'An act to establish a uniform system of in the years 1872 and 1873; and bankruptcy throughout the United States,' approved March 2, 1867, A joint resolution (H. R. No. 152) instructing the Secretary of War and for other purposes," approved June 22, 1874. to forward to the State of North Carolina authenticated copies of The result of the vote on the motion of Mr. HUBBELL waa announced certain State records captured in 1865. as above recorded; and acccmlingly (at three o'clock and forty-five ADVERSE REPORTS RECOMMITTED. minutes p. m.) the House adjourned. Mr. SHERMAN. I ask unanimous consent of the Senate that the bill (S. No. 738) for the relief of Withenbury and Doyle, reported ad- PETITIONS, ETC. versely from the Committee on Claims, be placed upon the Calendar The following memorials, petitions, and other papers were presented with the adverse report. The day for a motion to reconsider is past, at the Clerk's desk under the rule, and referred as stated: but the bill can be placed on the Calendar by unanimous consent. By Mr. DUNNELL: Protest of the people of Going Snake district, The PRESIDENT pro ttffll,pore. Is there unanimous consent to plac- Indian Territory, against the establishment of a Unitecl States terri- ing this bill on the Calendar with the adverse report of the commit- torial government over the Indian country, to the Committee on In- teeT The Chair hears no objection. dian Affairs. JAMES TEBAULT AND JAMES REID. By Mr. ELLIS: The petition of Mrs. Emily McKnight, that Con- Mr. BOUTWELL. Some days since the Committee on Claims re- gress confrm to her late husband's representatives the title to the ported adversely upon the petition of James Tebault and James Reid lands known as the Navy Commissioners' Islands, Louisiana, to the and others, praying additional compensation as laborers in the Treas- Committee on Private Land Claims. ury Department. Other papers concerning that claim have been Also, papers relating to the claim of G. P. Work, for compensation placed in my hands, and I ask that the papers on which the report for carrying the Unit.ed States mail between New Orleans and Munroe, was made may be recommitted with the additional testimony that has Louisiana, in 1866, 1867, 1868, and 1869, to the Committee of Claims. been submitted. Also, memorial of Mrs. Mary Camus, administratrix of the estate of The motion was agreed to. Jacques Theodule Camus, deceased, for compensation for the use and occupation ·of certain wharves at New Orleans, Louisiana, by the PETITIONS AND MEMORIALS. United States Navy, to the same committee. Mr. MAXEY. I ask that the bill (S. No. 953) to remove the politi- By Mr. MAGINNIS: The petitions of citizens of Montana Territory, cal disabilities of John G. Walker, of Texas, be taken up and put on for the reduction of the military reservation at Fort Shaw, in said ~pas~~ . Territory, to the Committee on Military Affairs. The PRESIDENT pro tempore. Morning business has not yet been By Mr. SAVAGE: The petition of citizens of New Burlington, Ohio, called. Petitions and memorials are in order. for the establishment of a tri-weekly mail between Burlington and Mr. ANTHONY. I present the memorial of Mr. Joseph C. G. Ken- Xenia, Ohio, to the Committee on the Post-Office ·and Post-Roads. nedy, formerly the Superintendent of the Census, who was a. delegate By Mr. SAYLER: PBtition of the president and secretary of the to, I think, the :first statistical congress, and who represents that Maine Medical Association, in obedience to instructions from their the report of the delegation to the last statistical congress, whereof association, for the establishment of the metric system of weights and Mr. Edward Young, of the Statistical Bureau of the Treasury De- measures, to the Committee on Coinage, Weights, and Measures. partment, was chief, contains what purports to be a translation of the By Mr. SMITH, of Pennsylvania: The petition of Alexander Wor- speech of Mr. Adolphe Quetelet, the celebrated statistician, in which rall, to be refunded certain rent and costs paid under a decree of the reference was made to Mr. Kennedy as the originator of the idea of a Virginia court of hustings, to the Committee on War Claims. statistical congress, and that this translation omits that pa-ssage re- By Mr. SPENCER: A paper relating to the establishment of a post- ferring to him. Mr. Kennedy states that as this document was printed route between Pine Grove and Ponchatoula, Louisiana, to the Com- by order of the Government, at the expense of the Government, and mittee on the Post-Office and Post-Roads. has the imprimatur of the Government upon it, it is a manifest injus- By Mr. A. S. WILLIAMS: Papers relating tothepetitionof Jeptha tice to him. A man's literary and scieitti:fic reputation is a part of Rubert, for a pension, to the Committee on Invalid Pensions. his property which ought to be protected in every fair and honorable way. I desire to state that one of the delegates to that congress was a constituent of mine, Dr. Edwin M. Snow, and I would guarantee that this error, whether it waa intentional or not, does not fall in any respect within his responsibility. If the error was unintentional it IN SENATE. ought to be corrected. If it was intentional something more should be done. I move the reference of this memorial to the Committee on TUESDAY, July 18, 1876. Foreign Relations. The motion was agreed to. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. THE JOURNAL. REPORTS OF COMMITTEES. The Journal of yesterday's proceedings was read. Mr. OGLESBY. I am instructed by the Committee on Public Lands, Mr. EDMUNDS. I should like to have the first clause of the first to whom was referred the bill (H. R. No. 1984) to provide for the sale rule read, to know whether we can approve the Journal in the pres- of certain lands in Kansas, to ask to be discharged from its further ent stage of proceeding. consideration, and that it be referred to the Committee on Indian The PRESIDENT p1·o ternpore. The rule will be reported. Affairs, as the land is Indian land and not public land, and is affected The Chief Clerk read aa follows : by Indian treaties. 1. The presiding officer having taken the chair, and a quorum being present, the The report was agreed to. .Journal of the preceding day shall be read, to the end that any mistake may be cor· Mr. CAMERON, 6f Wisconsin, from the Committee on Commerce, rected that shall be made in the entries. to whom was referred the bill (H. R. No. 2689) to authorize the con- ' 1876. CONGRESSIONAL RECORD-SENATE. 4677 struction of a bridge across the Missouri River at or near Sioux City, Mr. ANTHONY. I do not want the report delayed, and unless the Iowa, reported it without amendment. views of the minority are presented at once it would be very incon- He also, from the Committee on Claims, to whom was referred the venient to the printer. bill (S.No. 807) for the relief of John E. Catlett, of Hannibal, Mis- Mr. MORTON. Does the resolution include the testimony f souri, reported it with an amendment, and submitted a report thereon; Mr. ANTHONY. Yes, sir. which wa-s ordered to be printed. Mr. SAULSBURY. My remembrance is that my colleague the other Mr. FRELINGHUYSEN, from the Committee on Finance, to whom day moved to amend the resolution so as to include the views of the was referred the bill (S. No. 705) for the relief of Albert Towle, post- minority, but as it is reported the resolution does not contain the master ai Beatrice, Nebraska, reported it without amendment, and amendment. submitted a report thereon; which was ordered to be printed. Mr. ANTHO~-y. That is possible; but the views of the minority Mr. WRIGHT, from the Committee on Claims, to whom was re- would be printed whether the resolution included them expressly or ferred the bill (H. R. No. 516) for the relief of Floyd C. Babcock, re- not. ported it with an amendment. Mr. SAULSBURY. I haveno doubt itlis the desire of the commit- Mr. SPENCER, from the Committee on the District of Columbia, to tee to print the views of the minority, but I call attention to the whom was referred the bill (H. R. No. 3435) providing for the adjust- lanO"uage of the resolution itself. ment of claims against the District of Columbia, and for other pur- Mr. ANTHONY. Let the amendment be put in, and that will set- poses, asked to be discharged from its further consideration and that tle it. 1t be referred to the Committee on the Judiciary; which was agreed to. Mr. SHERMAN. If the views of the minority are to be published, Mr. CAPERTON, from the Committee on Claims, to whom was re- it is certainly important to know if the views of the minoricy have ferred the bill (H. R. No. 3849) for the relief of James W. Harvey and beon filed. That is one consideration. James Livesey, of the firm of Harvey & LiYesey, of Wisconsin, re- Mr. SAULSBURY. I do not know as to that. ported it without amendment, and submitted a report thereon; which Mr. SHERMAN. I understand the Senator from Delaware, [Mr. was ordered to be printed. BAYARD,] the colleague of the Senator, a.<~ked leave to file the views Mr. BOOTH, from the Committee on Public Lands, who were di- of the minority. I do not think this report ought to be delayed if rected by a resolution of the Senate of the 27th of January last to the views of the minority have not been filed. inquire if the third section of an act entitled "An act to aid in Mr. SAULSBURY. My impression is that my colleague amended the construction of a railroad and telegraph line from the Missouri the resolution when it was introduced for reference so as to include River to the Pacific Ocean, and to secure to the Government the use of the views of the minority. the same for postal, military, and other purposes," approved July 1, Mr. SHERMAN. I think he simply asked leave to .file the views of 18G2, &c., ha-s been complied with by the railroad company men- the minority. tioned therein, and whether further legislation is necessary to carry Mr. WITHERS. He asked that an amendment be made to this that law into effect, submitted a report thereon, accompanied by a resolution itself. bill (S. No. 995) in relation to the sale of lands granted to certain rail- Mr. SHERMAN. I do not think the majority report ought to be road companies. delayed if the views of the minority are not filed. The bill was read and passed to the second reading, and the report Mr. ANTHONY. Let the resolution be passed and we can provide was ordered to be printed; and on motion of Mr. BOOTH the bill and for printing the views of the minority when presented. the report were recommitted to the Committee on Public Lands. Mr. SAULSBURY. I appeal to Senators that it would be a very Mr. CAMERON, of Pennsylvania, from the Committee on Foreign unfair thing to publish the report of the majority with the testimony, Relations, to whom was referred the bill (S. No. 988) authorizing the without the views of the minority accompanying that report. It President to invite the international statistical congress to hold its would be but slight recompense to the minority to publish in a sep- · tenth session in the United States, and to appoint delegates to the arate manner their views. T.he views of the minority ought to ac- ninth session thereof, reported it without amendment. company the report of the majority. That has always, I believe, been Mr. INGALLS, from the Committee on the District of Columbia, to customary, and I am sure that was the object of my colleague. whom was referred the bill (S. No. 963) in relation to the cancellation Mr. ANTHONY. It has been customary for the minority to present of mortgages, reported it with an amendment. their views. They certainly do not expect the Committee on Printing Mr. INGALLS. The Committee on Indian Affairs, to whom was to make a minority report for them. We can do so, I suppose, if they referred the bill (H. R. No. 3625) providing for the sale of the Osage want us to do it. ceded lat!ds in Kansas to actual settlers, have instructed me to report Mr. EATON. What is the question before t.h e Senatef the same favorably with amendments. I believe it is not in order The PRESIDENT pro tempore. The question is on the adoption of to ask for the consideration of a bill on the same day on which it is the resolution reported from the Committee on Printing. reported. The recent decision of the Supreme Court renders some Mr. EATON. As the Senator from Delaware [Mr. BAYARD] is ab- action on this bill or a kindred bill essentially necessary. It affects sent I hope the Senator from Rhode Island will consent to let the res- an area of country some fifteen htmdred square miles in extent, a little olution lie on the table for the present. largor than the State of Rhode Island and but a trifle smaller than Mr. ANTHONY. Iwouldrather withdraw the report, and then per- the State of Delaware, and directly or indirectly affects the homes haps I can get it before the Senate again with less difficulty. of abo~t thirty thousand people. I desire to give notice that to-mor- Mr. BOUTWELL. I think :f Senators will listen a moment, they row I shall ask unanimous consent ·d uring the morning hour for the will see that there is no trouble about this report. The testimony consideration of the bill. taken by the committee is ·voluminous. It is now in the hands of the MISSISSIPPI INVESTIGATION. Printer. It is desired by the Printer that the Senate should decide whether there shall be an extra number of copies printed. This is a Mr. ANTHONY. I am instructed by the Committee on Printing, proposition for an extra number in order to avoid expense should the to whom was referred a resolution to print four thousand copies of Senate desire to have ·more than the customary number. The com- the report of the Special Committee to Investigate the late Election in mittee has not consulted in regard to the report, I may say, and Mississippi, to report it without amendment and recommend its pas- there is neither majority nor minority report prepared. It is my un- sage. I ask for its present consideration. derstanding that if the Senate decide that an additional number shall Mr. SAULSBURY. I inquire if the resolution includes the views be print~d, when the eommittee confer, if they agree the report of the of the minority f committee will be printed with the testimony ; if they disagree and Mr. ANTHONY. Certainly. I never knew a report to be printed there a~e two report.s, the majority and the minority reports will be on our side that did not include the views of the minority, if they printed. The business now is with the testimony, to ascertain whether wanted ns to include them. the Senate will order an extra number of copies or not. The report The PRESIDENT pro temp01·e. The resolution will be reported. will be printed, whether there is one report or whether there are two. The Chiof Clerk read the following resolution, submitted by Mr. Mr. SAULSBURY. I think it is due to my colleague and due to BOUTWELL July 13: the Senator from Irdiana, [Mr. McDONALD,] neither of whom is in · Resolved, That 4,000 OO.Pies of the report of the Special Committee to Investigate the Chamber, that this matter shall not be pressed to a final issue in tbe late Election in Mis818sipp1 be printed for the use of the Senate. their absence. I therefore hope the Senator from Massa.chusetts will consent to let the resolution lie over. The Senate proceeded to consider the resolution. Mr. BOUTWELL. When it is understood that the whole report Mr. SAULSBURY. I call the attention of the Senate to the fact shall be printed, and that, if there are two reports, both shall be printed, that the language of the resolution does not provide for publishing I cannot see any objection to passing tills resolution. It is very im- the viewg of the minority. . portant to the Ptinter. The work of printing the testimony is now Mr. AN'l:HONY. The Senator can amend it in that way if he de- delayed because they have not type enough to go on, as I understand, sires; but it is unnecessary to do so. and leave that stand which has been used. Mr. SAULSBURY. I move to add "and also the views of the mi- :Mr. MORTON. They will have to distribute and set up the type nority thereon." again, if the work cannot be done at once. Mr. ANTHONY. Very well, I have no objection to that amendment. Mr. BOUTWELL. They will have to set the type again. The Mr. SHERMAN. It should read, "the report of the committee, in- reports will both be printed. Gentlemen need not be concerned about cluding the views of the minority." any difficulty in printing the views of the minority. They will have Mr. ANTHONY. Yes, sir; that is better. the same circulation as the views of the majority. I hope there will Mr..EDMUNDS. We ought to find out whether there are any views be no objection to the resolution. of the lninority ready. Mr. ANTHONY. I will answer the suggestion of the Senater from 4678 CONGRESSION.A.L RECORD-SENATE. JULY: 18, Delaware, my colleague on the Printing Committee. His colleague Mr. BOUTWELL. Although I have to confess to the Senate that desires this report to be printed, and of course he expects it to be I should not rise to a personal explanatjon, but the matter to which printed with the views of the majority. I call attention relates to the party tow hich I belong and to the repu- Mr. SARGENT. Does the resolution provide for doing that! tation of the country. Mr. ANTHONY. It has been amended so as to provide for it. The convention of the democratic party which met at Saint Louis Mr. SARGENT. Then is there any objection to the resolution 7 on the 27th of June, among other allegations set forth in their plat- Mr. BOUTWELL. I cannot see how there can be any objection. form on which they base the statement that there should be a reform '!'he PRESIDENT pro tempo1·e. The Chair will state that the Sen- in the Government, say that "a late Secretary of the Treasury forced ator from Delaware [Mr. BAYARD] called attention to the matter balances in the public accounts." That statement in the platform, when the resolution WaB introduced, and his amendment was referred in connection with the well-known fact that the honorable Senator to the committee that the views of the minority be printed wjth the from West Virginia•[l\fr. DAVIS] called the attention of the Senate majority report, but there was no action taken by the Senate upon to what be supposed were discrepancies in the public accounts, leads his suggestion. me to conclude that this paragraph relates to myself; but as relating Mr. ANTHONY. I think, as a matter of convenience, as the Sena- to myself I am wholly indifferent to it. The character of the partv tor from Delaware [Mr. SAULSBURY] is aware, to avoid distributing with wl1ich I am connected is in a certain sense affected, but I do no~t the type, the order to print should be made now. know that even in that aspect of the ca-se I should have called atten- Mr. THURMAN. Let the resolution be reported. tion to it~ But the reputation and the credit of the country are con- :Mr. SARGENT. AB amended. cerned in knowin~ whether at any time by any Secretary of the The PRESIDENT pro tempore. The resolution, as amended, will be Treasury balances m the public accounts have been forced. read. The honorable Senator from West Virginia brought this matter to The Chief Clerk read as follows: the attention of the Senate very early in the session. The subject Resolved, That 4,000 co;~>ies of the report of the Special Committee to Investigate was referred to the Committee on Finance. That committee, as I the late Election in Missl8sippi, with the views of tho minority, be printed for the underst.and-for I never was with the committee when that subject use of the Senate. was under consideration-submitted an investigation of these allega- The resolution, as amended, was agreed to. tions to a subcommittee consist.ing of the honorable chairman and EDUCATION REPORT. the honorable Senator from the State of New York, [Mr. KERNAN.] Mr. DAVIS. While the subject of printing is up I should like to I am informed that they investigated the subject for many weeks, inquire of the chairman of the Printing Committee as to the report perhaps extending over a period of months. What I do know is that on education, whether or not any copies have been ordered for the on the 6th day of June, twenty-four days before this resolution was use of the Senate, or whether there is a resolution now pending be- passed in the Saint Louis convention, that committee made a report. fore the committee on that subject Y I have had from several sources I was not present in the Senate when the report was made, but requests for the report of the Commissioner of Education for 1875, and there is nothing in the report to indicate that it was not a una.nhnous I have inquired at the document-room, and find that ·tnere are none report. In that report it is said: . ordered to be printed so far as they know. I desire to know from the Your committee, in conclusion, would say that they are fully satisfied that there chairman whether there is a resolution now pending before his com- has not been the slightest change in the books of the Treasury. Your committee are not prepared t()recommend any change· in the mode of keep- mittee. ing or makill~~: public these accounts. The system is the growth of the experience Mr. ANTHONY. The Senate passed a resolution on the report of. of the Department since its organization, anii it would be a very delicate and dan- the Committee on Printing for printing 10,000 copies of the report of gerous task to propose any cban~e in this respect. Certainly it ought not to be the Commi8sioner of Education. donewithont a much more full and critical examination than yourcommitteecould make without the aid of experts and the most careful study. Mr. DAVIS. For the use of the Commissioner, but none for the use of the Senate. I make this statement here and now in order t.hat if there be any Mr. ANTHONY. I am not sure. I think that it was printed for member of that committee, if there be any person in this Senate, who the use of the Commissioner and was included in the sundry civil bill. doubts the truth of that statement, here and now he may make his At all events we have passed a resolution for printing it for the use doubt known to the Senate and to the conntry. of the Commissioner. Mr. DAVIS. It is true, as the Senator from Ma-s achusetts, late Mr. DAVIS. I should be glad if the Senator would see to that, so Secretary of tbe Treasury, says, that early in tho present session I that the Senate may get a pmtion of those 10,000 copies. I under- called the attention of the Senate to what I believed and still believe stand that the Commissioner appropriates them to his own use to be discrepancies and alterations in tho annual statements to Con- and that there are none for the use of the members, for I applied a~d ~ess. I have not stated, nor do I state now, that the books of the could get none for my State. Treasury Department have been changed, for I was in an official way Mr. ANTHONY. It would be competent for the two Houses of deprived of any examination whatever of the books of the Depart- Congress to order the distribution. ment; neither have I sought in any capacity whatever to examine CHINESE IMMIGRATION. the books. I have to repeat what I said formerly, that if the books have not been changed they do not agree with the statements sent to Mr. SARGENT. I offer the following resolution and ask for its Congress, and I am ready to make that statement good here or else- present consideration : where at any time. I shall in a few days, as soon as opportunity of- Whereas on the 6th day of .Jnly, 1876, the Senate authorized the appointment of fers, review the report of the Finance Committee appointed by the n special committee of three Senators to in vestigate the immigration of Chinese to Senate to investigate the subject. I do not speak with any degree of this country; and whereas on the 17th day of JUly, 1876, the House of Representa- tives authorized the ap.J?Ointment of a special committee of three members of the censure of the committee, for it was stated at the time by many Sen- House to discharge similar duties : ators and a part of the committee itself that the Finance Committee Be it resolved by the Senate, (the Home of Representatives concurring,) That said spe- would not have time to make a thorough examination of the subject. cial committees shall act as a joint special committee of the two Houses for the pur- I take it that the committee will say now, if it is necessary to say any- poses aforesaid and with the powers conferred by the resolutions appointing them. thing about it, that their time was so occupied that they had not an Mr. ED:f)fUNDS. I would suggest to the Senator from Calfrornia opportunity of going to the Treasury Department and making a proper that he ought to provide for their expenses, otherwise there will not and thorough examination of the books there, but had to depend nec- be any opportunity. · essarily upon the reply of the Treasury Department and its officials. Mr. SARGENT. I understand they will send over here from the The statement of the Senator from Ma-ssachusetts, which is proper, House side a. bill which will cover that point. as to the notice in the democratic platform formed at Saint Louis, is Mr. EDMUNDS. Why not, as this is a joint resolution, just add correct. I knew as little of that until I saw it in print as he or any "the expenses to be paid one-half out of the contingent fund of the other Senator or any other gentleman did. No word of mine, no action Senate and one-half out of the c~mtingent fund of the House." of mine, no thought of mine expressed to anybody cansed it to be put Mr. SARGENT. Perhaps it would be better to add that. I will there, and I .was somewhat surprised when I saw it, though I thought adu those words. · · it was very properly there, and I believe now that it is properly there, The PRESIDENT pro tmnpore. The words proposed to be added will and I am gratified that the country has at last taken notice of the be read. facts, and hope that it will result in good and bring about a thorough The Chief Clerk read as follows: examination of this subject. Tho expenses of said committee t() be paid one-half out of the contingent fund of Mr. President, I think I can show, and I shall show without any the Senate and ons-haJf out of the contingent fund of the House of P..epresenta.tives. personal allusion to any Senator in a very short time, when I under- The PRESIDENT pro tempore. The resolution will be so modified. take to review the answer of the Treasury Department, thllt the late The resolution, as modified, was agreed to. Secretary of the 'frea.sury who haa just resigned admits in more than ono place that discrepancies and a.lteratioJ;J.s have been made in the TREASURY STATEMENTS Al\"'1> ACCOUNTS. the annual . statements to Congress by n .f ormer SecrAtary. He says Mr. CAMERON, of Pennsylvania. I now ask the Senate to take that the debt statP.ment has been remodeled and restated. He makes up the bill from the House of Representatives appropriating some the statement in his report over and over again that the discrepan- $1,500 to the widow of the late James K.Polk for property taken. It cies do exist, and makes an effort in some instances to explain them will not occupy any time. away. As to the hooks, I cannot speak nor do I intend to speak; .Mr. BOUT,VELL. If the Senator from .Pennsylvania will yield, I but I do speak as to the annual official statements made to Congresr:;. rise to what is in the nature of a personal explanation. They have been changed. The figures have been altered both as to Mr. CAMERON, of Pennsylvania. Of course, with the understand- revenue and as to expenditures and a-s to the public-debt statement. ing that I do not lose my place. The ch::wgcs and alterations of amount went back as far as 1835; 1876.. CONGRESSIONAL REOORD-SENATE. 4679 and when the restatement and remodeling, as the $ecretary of the any book or paper in the Treasury Department, and, second, that Treasury says, came to the end, it made a i:lifference of two hundred every discrepancy or alleged discrepancy that was pointed out by any and forty-odd million dollars. In other words, between the annual one was fully accounted for and the reasons for the discrepancy were report of 1869, if you go back and add up the statement as there shown, and, third, the most ample and satisfactory reasons were given given, and then take that made in 1871, yon will find a difference of why in 1871 a change in the mode of stating the accounts, not in over $2GO,OOO,OOO in the debt statement, and in some single years, one keeping them, not in writing them out, but in stating their results, I recollect now, more than $90,000,000 in advance of what was reported was made; and that was approved, and is now undoubtedly the best the year before. If there was a right cause or law for going back plan of stating not only the debt' statement. but all the accounts of twenty or thirty years and restating the figures and advancing them, the Treasury Department, so that discrepancies which heret-ofore that ought to be shown; and it belongs to those who caused the re- have existed between the Register's accounts and the Treasurer's ac- statements to be made to show it, not to me. 1 state the fact that counts could be ea-sily and readily explained. there has been such restatements and changes. Mr. BOUTWELL. Mr. President, after what has been said I pur- Mr. KERNAN. Mr. President, it .will be remembered that, when pose to assert myself upon one point in respect to this business, and the resolution offered by the Senator from West Virginia was pro- that is that up to the time the investigation was undertaken in 1869 posed to be referred to the Committee on Finance, I for one opposed the books of the Treasury Department, although accurately kept it because the committee was overworked. I think I did that with the upon the plan which was devised, had not stated the loan account approval of the chairman, who thought we had too much to do to accurately from the very :first day they were opened under the ad- undertake this investigation. But the Senator from Massachusetts ministration of Alexander Hamilton. I also a.ssert that during the is correct in supposing that the matter was referred to a subcom- four years that I administered the Treasury Department, for the first mittee consisting of the chairman and myself; and it is due to us to time in the history of the Government the books of the Department say that neither of us-I did not go I am sure-ever went to the represented the exact state of public affairs; not that there had been Treasury to examine these books which would have taken time be- any fraud ; not that there had been any inaccuracy in the keeping of yond anything we could think of bestowing; but the ret~olntion wa-s accounts; but the system iu respect to the public loans was such that communicated to the Treasury Department and there came back a no accurate results could be reached. Upon that statement I purpose very large mass of statements and figures purporting to be explana- to stand here and as matter of history. nations of the discrepancies complained of. I looked at those very These assaults originated by the honorable Senator from West Vir- hurriedly before they were printed. I discovered that it was idle for ginia, and instigated I doubt not by his associates, as far as they have me to atLempt to understand the matter, having had no connection been expressed in the Saint Louis platform, will ultimately fall harm- with the original investigation or the complaint, and therefore I did less because the more investigation there shall be the more clearly will not attempt it. Therefore l cannot say that there was any such thing the truth appear. .A.nd as for the honorable Senator from West Vir- a.s was alleged, nor could I say from any examination of mine tha.t it ginia he deals with facts and figures and simple propositions in arith- was not so; but the figures were all reported and I called the atten- metic as a child de ala with geometric blocks, whose value he does not tion of the Senator from West Virginia then to the fact that they appreciate and whose powers he cannot comprehend; and a child would be printed and of course those who had knowledge on the sub- may from those blocks rear a fabric that will challenge criticism and ject mah'ing these charges would look into them. That is all I can explanation and description and defense, and when destroyed will say. I had not the time nor the information which would enable me defy the powers of artisan or architect or mechanician to reproduce to investigate the points involved in such a mass of figures, and I it. But a pha-se is presented both by the child and man that may be concurred in the report made by the chairman. the object even of envy. They dwell for the time, and as time goes Now, a single word about the resolution. Like the Senator from on more completely (lwell, in obscur.e security in reference to the West Virginia, I did not hear that resolution read, and until read in work they have done. the convention it did not attract my attent.ion. Mr. D.A.VIS. Mr. President, I hardly know whether I ought to no- Mr. EDMUNDS. Yon could probably-prove that by every member tice the latter part of the ren;tarks of the honorable Senator from of the convention. Massachusetts; I hardly think they are worthy of himself./ and I had Mr. KERNAN. No; I suppose the gentlet;nan who drew it had some almost said they were not worthy of my notice. Alexander Hamil- knowledge; I infer he had more than I had, for he must have been ton made a form of book-keeping, as we are told by the chairman of looking at the debates that had been going on here. I did not know the Fin."nce Committee, and we are told by him that he would be a anything about the intention to ofter the resolution . bold man who would interfel'e with it; and yet there has been a man .A.ll I can say is that the answer made by the Treasury was pub- that has interfered with it. I will not say he is a child. The Sen- lished, t'o the.end that those who had examined the matter before and ator from Mas8achusetts knows who interfered with it. He knows supposed there were changes could verify their allegations and find that by his order, and by his written order, a balance-sheet went out whether the inquiry was properly answered or not. This was all from his office to that o£ the Register directing him to make his next that the committee could do, hurried all the time by other business. annual statement compare with the one he sent. He knows that the I cannot say that it does answer the oharges or that it does not. I statement sent from his office (for I take it nothing went from th.e suppose those who looked into it would be able to examine it care- office on so important a matter but that he would know of it) to the fully. Register, who is the official book-keeper of the Government. He was Mr. SHERMAN. I should like to say a word on this subject. The directed to make certain entries, and to report them to Congress. charge of an alteration of the books of the Treasury did excite my Whether or not this caused a change of the books I know not ; put I great interest. The alleged discrepancy in the Trea-sury accounts was do know that the statements made to Congress, which the public ac- a matter totally immaterial compared with the allegations that the cepted as correct, were changed, and are to-day so, and I re-assert it books of the Treasury had been altered. AB to the discrepancy in the and I know what I am saying. I oan make good every figure I have statements of accounts, I could see how that might arise. Therefore, given and mean to do so. on the :first inquiry we made, I went to the then Secretary of the Treas- I regret very much that the Senator from Massachusetts has seen ury myself and to the Ai!sistant Secretary and demanded in the name proper to make personal allusion to me, not only now but heretofore. of the Committee on Finance that all the books of the Treasury should I thought I had the right to bring the matter to puolic notice when be examined by the best experts they bad in the Department to see I believed there were discrepancies and wrongs in the Treasury De- whether there wa~ any ground whatever for an allegation that any partment, and I believe yet as a Senator that that is my right. I book in the Treasury Department had been changed or alfitred. I alao think it comes with a very bad gra.ce from a Senator with as much called in a second instance for any explanation of a discrepancy in experience a-s the Senator from Massachusetts, and who knows how to the statement of accounts, which was quite a different thing, as Sen- weigh words so well, to use the language he has toward myself. Sir, ators will see who reflect a moment. Here is the specific answer in I can hardly trust myself to talk of him, and therefore I will dismiss regard to alteration of books made -by the Secretary of the Treasury that part of the subject. in response to my distinct demand; But as to the Treasury statements, I say Secretary Bristow, in his In this connection! it should be stated that in no instance has there been any report over his signature, says that the gentleman who wa.s Secretary erasure or alteration in the books and records of this Department, and the changes iu 1869 did remodel and restate the public-debt statement; and I add made in the published reports have been only to expresswith~eater accuracy the that in doing so he vastly increased the apparent amount, so far as precise condition of the public accounts, as shown by such booKS and records. the debt statements are concerned, of the Government debt, in some AB a matter of course I did not, nor could I without devoting too much single years ninety odd millions of dollars. In the year 1862 or 1863- time, go through all the books and examine them myself; but I ma-de I forget which-Secretary Chase, indorsed by the Register, followed the responsible head of the Department certify, on the examination by Fessenden, followed by McCulloch, all stated the debt to be of his experts, that no such alteration was made. Senators w~o want $514,000,000 in round numbers. But in 1871, for some cause unknown to examine this matter will find in the last communication from the to myself, those figures are changed; and in the report sent to you Secretary of the Treasury, Mr. Bristow, on page 36 of this report, an here to-day, and every report since 1871, it is stated at $524,000,000 ample detail of the reason why changes in the mode of stating the in round numbers, increasing the debt statement of that single year debt accounts and the other accQunts were made; why in 1871 a re- near $10,000,000. examination of the statements for many years before wa.s made and I say that the revenue, after having been paid into the Treasury a full and satisfactory explanation, so far as I can ~ather from the according to the reports, has gotten out of the Treasury in some way documents submitted to us, of eyery discrepancy pomted out by the without an appropriation by Congress, if you take the figures at~ re- Senator from West Virginia. I do not want to go into a statement ported by the honorable Senator from Massachusetts to the Senate about a complicated question of this kind, involving book accounts, in his annual reports while Secretary of the Treasury. I say further but the material point is that there wa.s no alteration whatever of that the expenditures for pensions in a single year were reported for 4680 CONGRESSIONAL RECORD-SENATE. JULY 18, eif?ht or ten years to be $9,000,000, and they have been changed and party and that party as represented by the Honse of Representa- raiSed to $16,000,000, and the reports that come here this session show tives, and to question the sincerity and honesty of their professions them to stand now at $16,000,000 when they were reported by several and the wisdom of their policy. I therefore deem it not out of place Secretaries at $9,000,000. I give round numbers. on this occasion, in view of indubitable and unanswerable facts, to However, Mr. President, I expect in a few days, if the trial of the accept the challenge a-s broadly as it is presented, and to see whether impeachment shall have ended and I can get the floor, to review the or not the objections which they have raised have any sure founda- report to the Finance Committee made by the Treasury Department, tion and are really worthy the consideration of the Senate or the and I believe then I shall to any impartial mind not only show that country. the explanations of these discrepancies are not substantial and will The Senator from Indiana [Mr. MoRTON] in his remarks yesterday not hold, but new discrepanoies, amounting to large amounts of took occasion to say some very harsh things of the democratic party, money, are shown; and it is a strange fact that no discrepancy or to denounce it, to question its sincerity, and to hold it up to the rid- change or alteration except the ones pointed out by myself have been icule and execration of the country. What he said, however, was noticed in this report, and not all of them. I shall show new ones unsustained by any argument or fact which he ventured to state, for large amounts of money, and it is for those who made the changes and I take it that mere empty assertion, wordy declamation, unsus- to explain to the Senate why they were made, and n~t myself. tained by fact, will go but a short way with persons who look to TELEGRAPillC COM~IUNICATION WITH ASIA. reason, to fact, and to justice to control their action; and in this par- ticular case they will do it the more readily because his broad asser- The PRESIDENT pro tempore. The morning hour has expirecl. tions were directly in the face of an actual fact. He declared that Mr. CAMERON, of Pennsylvania. I hope the Senate will now in- the professions of the <1emocrntic party as represented in the other dulge me for five or ten minutes in getting up the bill for the relief House to correct misrule, to reform the administration of the Gov- of Mrs. Polk. ernment, and to retrench the expenses of the Government were mere Mr. EDMUNDS. I call for the regtllar order. dissembling, that they were hypocritical, that they were false and The PRESIDENT pro tempore. The unfinished business is l;lefore fraudulent, and intended simply to catch the votes of the people. As the Senate. I said a moment ago, he cited no fact and he made no argument to Mr. DAWES. If the Senator from Vermont will withdraw his call Rustain that charge, and it was made in the face of the very fact that for the regular order for a moment, I should like to aak unanimous the House at the present session haa reduced the regular appropria- consent to withdraw a motion which I entered some weeks ago, to tion bills more than thirty-eight millions from the aggregate amount reconsider the vote by which the Senate passed a bill creating a cor- appropriated for the public service for the last year, and about sixty- poration for the laying of a Pacific telegranh cable. I entered that four millions less than the official estimates for this current year. motion, not for the purpose of obstructing the construction of such a But he said all this is most hypocritical. Sir, that is unjust; that, telegraph, but because I thought it might contribute to the construc- it seems to me, is unfair; it is discourteous. Why should he thus tion of it, for there were persons who had been endeavoring, without question the motives of a great party or of the House of Representa- success, for some time to obtain such legislation as would authorize tives t What reason can he assign for it f What event has trans- them to lay such a cable, and I was apprehensive that the creation pired that warrants itf Such I undertake to say is not the fact; but of the corporation-not believing myself that the men engaged in it if it were, what is material to the people, to the country, is that there were able to construct it-might really delay the result aimed at. I should be retrenchment and reform ; and if they get this from the thought it would facilitate the construction of the telegraph if I Hoose of Representatives, I take it that there will not be a very great should move to reconsider, and add to this bill the second section of deal of question about the motive. The great end to be attained is a bill which has been reported by the same committee, authorizing to have retrenchment and reduction of the expenses of the Govern- any persons to construct a telegraph who saw fit; but I have ascer- ment, the extravagant, enormous magnitude of which has been ta.ined, on comparing this bill creating a corporation with tb'at sec- brought about, as I believe and shall attempt to show in a very brief tion, that the provisions would be inc.ongruous, and the Senator who way and by presenting now-only one or two points, by the misrule reported both bills [Mr. HOWE] assures me that he will put the bill of the republican party which he represents on this floor. which contains this section upon its passage, if the Senate will per- He said that w bile this party make such loud professions of reform mit him. It will accomplish all I desired in moving the reconsider- and retrenchment they have not passed a bill and sent it to the Senate ation, if that can be done, and therefore I a..sk unanimous consent to proposing to reduce the taxes of the people one farthing, and this he withdraw the motion to reconsider; and if the Senate will permit the said with an air of triumph as though there were no answer to his im- Senator from Wisconsin to put that bill upon its passage it will ex- putation. There are two plain explanations of the suggestion be thus cite no debate and can be done in a moment. makes with so much apparent confidence. The first one is this, that The PRESIDENT pro temp&re. Is there objection to withdrawing the industries of the country, the trade of the country, and the con- the motion to reconsider the vote by which the bill (S. No. 892) to dition of the country in every material respect, through the misrule encourage and promote telegraphic communication between America which has prevailed in this country for the last ten years, have be- and Asia was pa..ssed f . come so prostrated, the sources of revenue are so impaired, that even Mr. lJAWES. I ask unanimous consent to withdraw the motion to if the revenue la.ws shall remain this year as they were last year, the reconsider the vote by which that bill was passed. revenue that will be realized will not be sufficient to meet the appro- The PnESIDENT pro tempore. Is there objection to withdrawing priations to an amount equal to what they were last year, by many the motion f The Chair hears none. millions of dollars. That is conceded on all hands. We learn this Mr. ALLISON and Mr. EDMUNDS. Regular order. fact from the Treasury Department, and it is manifest to every mind Mr. HOWE. The Senator from Massachusetts asked leave to with- at all familiar with the condition of the country. And if the reduc- draw that motion to reconsider, and seems to lay me under some ob- tions of appropriations proposed by the House were not made, taxa- ligation to move to consider Senate. bill 541, which relates to the tion would necessarily have to be largely increased. same subject, and if there be no objection to considering the bill now There is another explanation that it is worth while to mention. I should be glad. If the Senate sha.ll concur in the action of the House in reducing Mr. EDMUNDS. I think we had better go on for the present with the regular appropriations by the amount of $38,000,000, it is believed the regular order. that the House may safely send a revenue bill to the Senate reducing The PRESIDENT pro tempore. The regular order is the unfinished the taxes of the people equal to $20,000,000. Congress is not yet ad- business, the river and harbor bill. journed; ~are not prepared to say when it will adjourn, and the PRESIDENTIAL APP~OVAL. work of the House in t.he direction of retrenchment and reform is not yet complete. It is wise and necessary that the House should wait A message from the Presidl\nt of the United States, by Mr. U.S. until the Senate shall take action on the various appropriation bills, GRANT, jr., his Secretary, announced that the President had this day in order to see whether the work-which they have so wisely and nec- approved and signed the act (S. No. 382) to appropriate $1,000 tore- essarily begun in reducing the appropriations for this year by the move the remains of Hon. E. Rumsey Wing, late minister to Ecuador, amount of $38,000,000 less than they were a year ago shall be con- from Quito to the cemet~ry at Owensborough, Kentucky.· curred in by the Senate. If it shall not, then the revenue laws must RIVER AND HARBOR BILL. stand a-s they are, notwithstanding the prostrate condition of busi- The Senate, as in Committee of the Whole, resumed the considera- ness of all kinds in the country. But if it should turn out that the tion of the bill (H. R. No. 3022) making appropriations for the con- Senate shall concur, then the House ma.v send a revenue bill here re- struction, repair, preservation, and completion of certain public works ducing taxes by the amount of 20,000,000 this year and we may ex- on rivers and harbors, and for other purposes, the pending question pect that result. being on the motion of Mr. THURMAN to recommit the bill to the So, then, I say, Mr. President, in what fell from the Senator from Committee on Appropria.tions with instructions to reduce the aggre- Indiana yesterday there is really, with all due respect to him, noth- gate amount of the appropriations contained in the bill to a sum not ing. He declaimed loudly; he said hard words; he laughed and exceeding $4,000,000. made faces at the Honse and the democratic party; but, I repeat, he Mr. MERRIMON. Mr. President, I had not intended by any word stated not one fact and he made not one argument to sustain the im- of mine to give this debate a partisan tum. I was inclined, as I gen- putation which he made; and he made it in the face of the fact, pat- erally am in the discussion of measures before the Senate, to debate ent to him and the country, that the House of Representatives have the pending bill upon its merits and to leave the discussion of party already reduced the appropriations to an amount $38,000,000 less than politics to some other more appropriate and opportune occasion. But they were last year. two or three republican Senators on yesterday manifested a fixed The Senator from lllinois [Mr. LOGAN] likewise indulged in somo and persistent purpose to assail, arraign, and defame the democratic extravagant imputations against the House and the democratic party. 1876. dONGRESSlONAL REOORD-SENATE. 4681 He declared that it was the manifest purpose of the House and the propriations made for the benefit of localities where the republican democratic party to embarrass the Government, and in the end sub- party prevail. They are made in that section of the State where the vert and destroy it, and that that was apparent in the fact that there republican party are most powerful. They are made in localities was a disposition to cut off the usual appropriations needed to cariy where it is expected that they realize their largest majorities in the on the necessary branches of the public service. It is n. remarkable approaching election, and they are mad~ where also the democrats and striking fact that he n.lso cited not one solitary fact, nor did he ad- could expect to realize very little indeed more than they ever do. duce any reasonable argument to sustain so grave a. charge. It really The other appropriation, a very small one, the sum of $15,000, is made seemed that be expected the country to believe his empty declaration for n.n improvement in a democratic district where they have from -without facts, wi\hout argumentation, and also to believe it in the face three thousand to four thousand majority, and where it is wholly un- of what is manifest as to the actual retrenchment that bas been necessary that any improper appropriation should be made or other effected by the House of Representatives. He said that the House consideration resorted to in order to secure votes for the democratic and tho party boasted that they had impaired the public service in party. They are there already, and they need no appropriation of failing to make the proper and appropriate appropriations for the this kind to influence their action. · support of the Army. Why, Mr. President, did he go on in his speech So then I say, sir, the assaults made yesterday against the demo- to show the Senate whereby the efficiency of the Army was impaired cratic party were mere empty declamation, without force or effect, in any respect! Did be produce the testjmony of a single military and ought not to influence the vote of a single human being when he officer or soldier or civilian to the effect that if the appropriation bill comes to pass upon the great issues before the country. for the support of the Anny shall pa-ss and become a law as it came But, Mr. President, I want to go a little further and make a point from the House, thereby the military service of the country would or two which I will not ask the Senate or the country to consider and be impn.ired, that the General of the Army would resign, that all the believe by reason of my mere assertion ; I shall state the facts and great officers of the Army would resign, that the Army would be dis- give the figures from the record and the arguments at my command banded, and that it could not do the service that is necessary in that to support the charges I make against the republican party of the branch of the public service f Did be point to the investigations coun¥'Y. I will not stop now to go into a history of this party, to of any committee of this body or of the other House or anywhere! advort to the fa-ct thn.t it is a party that had its origin in moral causes Could be point to n.ny memorial calling attention to any such result and in the doctrine of a higher law than the Constitution; that it as that T He did not, and for the very good reason that he could not. bas accomplished all its ends by force, and that the great purpose for There is no pretense that any general in the Army will resign or which it came into existence has been accomplished, and that it is think of doing so because of the appropriations made by the House no longer a party of principle, that it is a mere political organization of Representatives. It is not pretended by the citation of any fact held together by the public patronage of the Government. I believe or circumstance that the Army will be less efficient this year t.han it if there were no public patronn.ge, no offices or places to be be-stowed was last year. The Articles of War, the rules and regulations govern- or withheld, the republican party of the nation conld not live twenty- ing tho Army, the laws affecting the Army •are just as complete and four hours. As a. great party of principle its work ha.s been accom- effective this year under the action of the Honse of Representatives pliRbed, and I challenge any Senator upon this floor who belongs to as they were last year, and the Army will do the country service in that party to cite any great distinctive principle which _its votaries the future as it has in the past, and do it a-s effectua.lly and as well, advocate that is not common to every party and everybody in this notwHhstandiug the appropriations have been cut down by the House country. I repeat, there is no distinctive principle of government to a reasonable measure. that distinguishes it from any other party in the country. It is now The same remarks are applicable to the Navy. He said that the distinguished by reason of its extravagance in public expenditures efficiency of the Navy had been greatly impaired. Did he point to and the gross :md appalling frauds which it tolerates and in many any fact showing that the vessels which are now in the public service instances countenances by indirection. if not directly. and on foreign stations will be brought home and taken out of com- Mr. SHERMAN. I should like to ask my honorable friend what mission and laid up! D.id ht} point to a single fact stated by any one principle the democratic party now stands upon' who would know that any naval officer contemplated resignation! Mr. MERRIMON. The great leading principle they are now stand- Could be show that the Secretary of the Navy proposed to abandon ing UJ)OD and fighting for-embodying as they do a class of men that his post; that any admiral, or rear-admiral, or that any captain in belonged to all parties in the past-is to reform maladministration the Navy, or ~nybody in the naval service contemplated the abandon- and retrench t.he expenses of the Government. ment of his service because there was not an amount sufficient appro- Mr. SHERMAN. What single act of reform has the democratic priated to supply the Navy for the next year! On the contrary, all party accomplished since 1840! In the history of our country I can tho laws and regulations touching the Navy calculated to promote show fifty for the republican party. Let us come down to the facts and secure its efficiency remain just as they did last year, and the now. This is the commencement of a political campaign. Name me Navy will go on and discharge all its duties notwithstanding the ap- a single reform in doctrine, law, or practice that the democratic party propriations have been cut down to-&- less sum than last year, just as has ina.ugurat.ed and carried out. they did last year, and they will be just as efficient. Mr.MERRIMON. Why,sir,everybodyinthiscountryand through- Then take the civil service. Will the cutting down of the salaries out the whole civilized world knows that lJP to 1860 no country on of members of Congress, of the number of employes in the various the face of the globe prospered as did this country and that this Gov- Departments, the cutting down of pay to employes anywhere affect ernment had been administered by the democratic party substan- the public service! Can any fa-ct be pointed to to sustain that charge! tially for forty years before that time. I apprehend not. We do not hear that any civil officer of the Gov- Mr. SHERMAN. I say since 1840, since the organization of the ernment is going to resign on account of the fact that his salary has new whig and democratic parties, name me a single reform or great been reduced. The employes in the various Departments of the Gov- measure which is enduring and now on the statute-book started, or- ernment do not contemplate abandoning their positions because the ganized, and carried out by the democratic party. House has seen fit to cut down their pay ; and, even if they were to Mr. MERRIMON. Why, sir, after 1840- do so, there are hundreds and thousands just as e.fficient as they are Mr. MORTON. I should like to add to that question. I should and anxious to take their places, and who would discharge the duties like my friend from North Carolina. to name one single good act of devolved upon them as efficiently and as well. any kind that the democratic party has performed in twenty-five So that this is the merest clamor and· claptrap intended to get yea.I'B. [Applause in the galleries.l a.round that fixed, definite, and determined policy of thEbdemocratic The PRESIDENT pro tempore. pplause in the galleries is out of party to bring about reform and to retrench the expenses of the order. The Sergeant-at-Arms will see that it is not repeated. Government. That is not the way, in my judgment, to meet this Mr. MERRIMON. My friends had as well understand at once that question. It cannot be done by indirection. The majority in this I shall not be frightened by questions put in that shape to me or by body had better step forward and recognize the necessity, and say the clapping of hands in the galleries or elsewhere. Why, sir, in the that they join with the democratic party in this good work, for, if purer l, 1.ys of the Republic, from 1840 down, the Government was they do not, they will find, in my opinion, that the people will con- comparatively pure and no country-! repeat what I said a moment demn them at the ballot-box in November next. ago-ever prospered as did this country down t.o 1860, and I ask the The Senator from Illinois then makes a thrust a.t the pending bill. gentlemen who fut these questions with such an air of triumph if He says it is plain that t.he purpose of this bill was to promote the they or either .o them dare deny that fact T They cannot point to success of a great many democratic aspirants in the various congres- the time when the democratic party stole the revenues of the coun- sional districts of the Union. In support of that imputation also he try; they cannot point to the time when corruption permeated the cited no single fact. He did not point to a. single district where the whole body-politic, and when the party itself had to condemn itself, interests of a single member of the House who seeks to be re-elected as has been the case with the republican party, as I shall have occa- to the next Congress would be materially benefited by a. single ap- sion to show before I take my seat. I am a-sked to point to a. single propriation contained in the bill; and I venture to say, if he had gone measure of reform. But, sir, the government was so pure, it operated on and analyzed the various appropriations, be would have found that so evenly except on a single question, that positively the people of there was no substantial ground for his imputation. I take it that this country did not know that they paid to support the Government the people of the country will not be governed in their action at the they lived under. Down to 1SSO there wa-s scarcely ever a complaint ballot-box by an empty suggestion of that character, when there is that anything ever was stolen from the Government, that the Gov- no fact to sustain it. ernment was plundered of its revenue, that injustice was done to any Why, sir, take the appropriations for my own State-and I shall section, and the only complaint I ever heard brought against the have something more to say about them by and by; the principal democratic party was that the republican party insisted that they appropriations are made for places on the seaboard. They are ap- were pro-slavery in their practices, tendencies, and sympathies. 4682 CONGRESSIONAL RECORD-SENATE. JULY 18, But, sir, it was not my purpose, as I said, to go into a history of The number of galloD£1 that ought to have been accounted for the republican party and to point out its various usurpations, the in that time is 13,000,000,000, according to the estimate made by means by which they accomplished their ends, and I do not stop to the late Mr. Fessenden (then Secretary of the Treasury) in 1864. criticise their purposes or to inquire whether they were right or In that year he said in his report, in making his estimates on the wrong. It is not my purpose now to point out the m~a~s by whic.b subject of the internal revenues, that the number of gallons dis- they accomplished those ends. Let that go for what It IS worth; It tilled was equal to about one hundred millions per annum, and if that has passed into history, and the work of that party has been do~e amount of spirits was distilled in 1864 it is reasonable to estimato rightfully or wrongfully, and the country and the world accept It. that after peace returned, and when the industries of the country But as to ita practices in relation to the administration of the Gov- had bee_n in some measure renewed, the number of gallons produced ernment, particularly since the war, I have something to say. I wish annually would increa-se; but for the sake of certainty and fairness I to call attention to the maladministration of the Government and the take it that the annual production of spirits in this country since 1864 corruption practiced and tolerated by that party, particularly in ref- and anterior to that time as far back as 1!;63, was equal to 100,000,- erence to the revenues of the country, llefore I take my seat. 000 gallons per annum. If that is correct, I repeat the number of The £rands practiced by thousands of the votaries of this party and gallons that ought to have been made from 1863 to 1874 was 13,000,- tolerated by it upon the Government from 1866 down to 1871 were so 000,000 of gallons. In the years 1865, 1866, 1867, and 1868 the tax on enormous, so appalling, that the better men of the party could not spirits was $2 a gallon. This ought to have yielded 00,000,000 in fail to see the appalling evil.s to which the country was subject, and those years. Now bear the fact, and a material one, that only they endeavored to inaugurate means of reform, and to that end they $104,000,000 were realized; so the loss to the Government pending raised a commission for the purpose of ascertaining what could be that time was $696,000,000! I ask the Senator from Indiana and I done to reform the Government in the matter of the civil service. I ask the Senator from Ohio, who propounded their questions with wish to call attention to a commission that was specially rais~d for such an air of triumph a while ago, where did that money go to; that purpose and to one or two things which that commission said, into whose pockets did that got Itwentintothe pockets of those who which I take it the republican party are bound by, for every mressed, that the workingman is ment from the 4th of March, 1789, the day the Federal Constitution without labor, that poverty and starvation and demoralization stare went into operation, to the 30th of June, 1875, were $6,337,034,61S.25. us in the face wherever we go and on which side soever we look. The aggregate amount of revenue collected down to 1861, more than There, sir, is where it crops out, and this is one of the reasons among seventy years, was $1,841,953,353.62. M.arkwhatl say,sincetheyear a thousand others that have ,given rise to the prese~t prostrate condi- 1861, fourteen years aa against seventy, the amount of revenue col- tion of the industries and the hopes of this country. lected was $4,495,081,264.63. These are receipts. I come now to ex- Here, sir, I want to read another appropriate ·paragraph from the penditures. From the 4th of March,1789, to June 30,1875, the whole report I read from a while ago that is wholesome reading for the Sen- amount of money expended by the Government was $6,801,956,954.69. ators and the republican party, pointing to the very results that have If any one wishes to verify this statement, let him read the report of come about and what the people may expect if they allow the de- the Register of tl1e Treasury, November 4, 1875, pages65 to 6i. From moralization that is now prevalent everywhere to continue. !lear March 4, 1789, to June 30, 1861, the entire net expenditure of the what the commission say: Government was $1,581,706,195.34. That covers the expenses of the . / 4684 CONGRESSIONAL RECORD-SENATE. JULY 18, Government for over seventy years. Now, see what was expended I have the honor to hold a seat in the Senate I shall always be ready under republican rule. From June 301 1861, to June30, 1875, the net to do that which is necessary to discharge that obligation according ordinary expenses amounting to $5,22u,250,759.35. to its letter and its spirit. Mr. LOGAN. I desire to call the Senator's attention to one point But this is a digression ; let me go back a little. Four years of before he leaves it, with his permission. President Johnson's administration cost $1,012,420,202.14. Six years Mr. MERRIMON. Very well, sir. of the present administration cost 1,021,813,950. I admit, for I shall Mr. LOGAN. B~n examination of the expenditures from 1861 np deny nothing that is just, if I know it, that in administering the Gov- . to 1865 the Senator will find that they were all paid by +,he Northern ernment the necessary expenses-and the expenses I have beau talk- States, and he might find a reason for that if he would look at it a ing about-were necessarily greater during the late war; but after little further. the war ·th~ expenses ought to have gone down rapidly until they Mr. MERRIMON. I do not care to controvert that fact; but sup- reached a normal state. B'ut such wa.s not the fact. Ten years of pose I concede the point as proved. peace under republican rule cost this country $2,034,238,152.14, nearly Mr. LOGAN. I merely call your attention to it. one-third more than all the expenses of the Government from 1789 Mr. MERRIMON. I submit to my honorable friend that that is a to 1861, including the war of 1812, the Indian and the Mexican wars. poor way to debate the merits of a question. Is it not begging the If we add to the ordinary expenses of the Government during the question f If the evil I point out exists it is our duty as the American present administration the· amount of principal and interest of the Senate to correct it, no matter by whose act it came about. You can- public debt it will amount to $4,008,438,461.82. This is ~ore than not draw me into a side controversy of that sort. two and a half times the entire expenses of the Government from Mr. LOGAN. There is no side controversy about it. March 3, 1789, to June 30, 1861. I have before me a table showing Mr. MERRIMON. I am here to meet the issue, to meet it on prin- the expenses of the present administration from June, 1870. I will ciple, and to stand upon it, and to ask the American people from every not detain the Senate to read it but will ask permission to print it quarter to stand upon it and vindicate it. with my remarks. But pa-ssing on to the :figures I had, which may be a little trouble- Mr. EDMUND~. The Senator had better send it up to the desk some before we adjourn and before this campaign is over, I will state and have it read by the Clerk. that fourteen years of republican rule cost the people nearly three Mr. MERRIMON. Very well; I will do so. I have also another and one-half times as much as seventy years of rule preceding 1861. table-the two tables may go together very properly-a table of the During the war I concede to the honorable Senator that the expenses civil list. I have also a table of the net ordinary expenses of the were necessarily increased. I make no point about that here. With- United States Government in pe~iods of four years from the organ- out stopping to debate who is responsible for that, I recognize the ization of the Government down to June 30, 1875. A friend of mine fact. Let those who made the occasion for it take the responsibility. bad this table prepared at the Statistical Bureau, and it may be re- I am not here to debate that question. That is in t.he past. Let us garded as entirely reliable. Let the Clerk read these tables which look into the future and meet its responsibilities. That is what I am I send to him. prepared to do, whatever may be the disposition of other Senators. I The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The shall not quarrel with any one about the past; no good can come to Secretary will report the tables. any one or to the country by doing so. The Chief Clerk read as follows: Mr. LOGAN. If the Senator will allow me, I will state that I did not wish to de bate the question with him; but inasmuch as he is OiviZ list a11d 'net ordinary expenditures of the United States Government, making the republican party responsible for the very large expendi- by peri{)d.s of four ye.at·s, front the organization of th8 G01:ernment. tures for the last few years, I merely desired to direct his attention (Condensed front the report of the RegiBtel" of the Preasury for 1875.) to the cause of the expenditures, and to a,sk whether it is very fair for the Senator to accuse the republican party of these large expendi- N e t ordinary tures when the Northern States paid the money and when he may Dates. CiVIl list. expenditures. very easily see where the responsibility lies; that was all. I merely wished to call his attention to that point. Mr. MERRIMON. Suppose in the face of the Senate and the world For From March 4, 17~, to December 31, 1792 . • • . . • • . $1, 138, 052 03 $3,791,493 20 four years ending December 31, 1196......... 1, 607, 969 01 12, 093, 205 35 I concode that for argument's sake; suppose I concede that the re- For four years ending December 31, 1800. ........ 2, :m!l, 433 08 21,348,351 19 sponsibility for it rested upon my own head; Buppose that I concede For four years ending December 31, 1804 . ........ 2, 297, 648 17 17,174,432 96 it rested upon the head of the southern people; suppose that I con- For four years ending December 31, 1808......... 2, 616, 772 77 25, 926, 355 72 cede it rests upon the head of the democratic party-however such FFor or fvoll' years ending December 31, HU2........ . 2, f!87, 197 98 36, 117, 357 98 four years ending December 31, 1816 . ...... .. 3, 768,342 61 108, S:J7, 086 88 is not the fact-how does that alter the merits of the matter that we For four years ending December 31, 1&20. ..... .. . 4, 494, 606 42 57, 698, 0 7 71 are debatingf If there is a public evil, if corruption is rif~ in the For four years ending December 31, 1824. .. .•.••• 4, 665,602 11 45, 665, 421 88 land,- if we see it stalking abroad everywhere, permeating every For four years ending December 31, 1828.. ....... 5, 271, 124 34 50, 501, !)L3 31 :Flor four years ending DecemMr 31, 1832. .... •• .. 6, Odl, 307 73 56, 270, 480 62 place in the Government, no matter what may be the direct or re- For four years ending December 31, 1836... ...... 7, 659,086 86 89, 522, 286 68 mote cause, it is the duty of the Senate and of all good men to cor- For four years ending D ecember 31, 1840. ........ 9, 899, -ttt6 58 1'21, 7'29, 801 16 rect it by every means in their power. From .January 1, 1841, to June 30, 1845........... 11,508, !M6 86 104, 360, 163 10 More than that, I will remind the honorable Senator that the debt For four yea1s ending .Tune 30, 1~9 ...... ... .. .• 10,615,571 14 165, 381, 026 34 For four years ending .Tune 30, 1853 •• .. • • .. .. . . • . 14,214, 458 90 165, 684, 050 48 he talks about is to be paid yet; that it is the debt of this country, For four years ending .Tune 30, 1857, (Pierce) ... 25,036,171 74 23'2, 820, 63'2 35 and all this country, the whole people, have to help pay that debt. For four years ending June 30, 1861, (Buchanan). 25, 180, 671 32 261,165, 809 62 It is tpe business of every patriot to be about seeing how our re- For four years ending .Tune 30, 1865, (Lincoln) . .. 30,765,508 71 3, 176, 017, 3-16 94 sources shall be husbanded.} how our people shall prosper, how our For four years ending .Tune 30, 1869, (Johnson). .. *66, 412,391 61 1, 012, 420,202 14 four years ending June 30, 1873, (Grant) . .... t69, 989,774 16 industries shall be increasea and improved, in order that we may be For For one year ending June 30, 1874, (Grant).. ..... 17,646,253 38 656, 066, 892 39 194, 217, 210 27 both ready and able to meot the obligations that rest upon us and For on~ year ending .Tone 30, 1875, (Grant). . • • • • . 17, 346, 929, 53 171, 529, 848 27 which will continue to rest upon us until they shall be discharged. Let the Senate and let the world know the fact that we are careful *This includes $7,'200,000 paid for Alaska.; also $5,505,451.79paid for mail service, and anxious about the matter. For one, I am not a repudiationist. Post-Office Department. I recognize the high and solemn obligation of our public debt. While t Total in six years of Grant's two terms, $1,021,813,950.91. Statement of the 'number of employes borne·upon the civilli8t of the United Stat-es from 1859 to 1875, inclusive, compiled from the Biennial Regi.sters. 1859. 1861. 1863. 1865. 1867. 1869. 1871. 1873. 1875. g Departments. · t ~ 45 t .s 45 l=i rc :a ~ ~ 1=1 ~ .l 45 ~ t .s 45 ~ d ....0bl: 1=1 :a Q .... tt ~ 45 d ~1=1 :a Q . ~ 1-1 1-1 ~ ,Q ""' Cl) ~ q) q) rn ~ ~ Ill ~ Ill Ill dl ,.Q . ..c:l dl ,Q 0: ..c:l CIS ..c:l dl ..c:l ~ ~ ~ ~ ~ ~ ~..., ~ 3 ~.... ~ ~ j ~ ~ Cl) j ~ .... Cl) c;j ....0 ~ .... !:== Cl) 3 ~ .... Cl) i ~ .... Cl) 3 ~ Cl) Cl) ~ Ill Ill .$ .$ ~ 0 ~ 0 0 0 0 0 0 0 E-1 ~ ~ E-1 ~ ~ E-1 ~ 1'-1 E-1 ~ E-1 ~ E-1 ~ 1'-1 r::'l E-1 ~ ~ E-1 E-1" 1- - -- - - - - -- - - - - -- - - "---- -- - - - - - - - - - - - - - - -- Sll, State ••••••.. 34 339 373 33 366 399 34 374 408 37 3P8 435 39 434 47] 47 528 575 57 387 444 63 401 464 460 Treasury •••• 487 3,295 3, 782 494 2,697 3,191 1,103 3, 721 4, 824 2,067 4, 176 6,24:; 2, 529 5, 5tl2 8, lll 2, 451 5, 631 8,082 2, 543 6, 050 8, 593 2,800 8,603 11,430 ll,:Hti Interior .•••. 607 691 1, 298 875 610 1, 485 829 634 1 4ti3 924 583 1, 507 774 984 I, 758 1, 322 849 2,171 ~ 452 ~ 412 ~ 1!1!4 l, 991 3,581 3750 War ...•..... 90 246 336 120 703 823 670 749 1:419 924 2, 379 3, 303 1, 645 1, 023 2, 668 644 692 1, 336 564 968 1, 532 5134 1, 082 1,666 4: 7·lO Na'1" .••••••• 73 19 92 81 17 98 115 23 1:38 118 23 141 115 48 163 80 1t3 173 111 90 201 119 8, 122 8, 241 10,105 .Justice •••••. 6 206 212 8 268 276 9 204 213 9 212 2".!1 11 219 230 41 198 239 44 2£0 304 47 681 728 728 Post-Office ••. Legislative .. 101 38,193 38,294 140 140 107 39, 506 39, 613 160 38,574 38,734 173 40, 971 41, 144 23442,189 42,423 289 41,057 41,346 426 42, 925 43, 351 49~59, 730 60,225 65,726 164 ...... ------ 164 176 176 173 ...... 173 ---- Total •••. 1,53e 42,989 44,527 1, 882144, 16i 46, 049 3,096 44,279 47, 37:1 4, 425 48,742153,167 ~=I~~;~ 287 285 ...... 285 3ll' ' l - - - - - 316 - -325 -- - 325 ...... 314 56,113 5, 159149, 048 54,201 5, 513 52, 092 57, 605 6, 023180, 637 86,660 94,119 1876. CONGRESSIONAL ,. RECORD-SENATE. ·4685 Summary and comparative statement of e:cpenditures or appropJ'iatwns in the several branches of the public service named in the fiscal yea1·s from . 1868 to 1875, 1·espectively. Bnmeh of servioe. 186& 1869. 1870. 187L 187~ 1873. I 1874. 187~ Ro-.,ks. Post-Office .•••••.•.•.•.•••••.••. . ~ 730, 592 00$23, 698, 131 50~. 998, 837 63 t24, 390, 104 08 t26, 658, 192 31 $29, 084, 944 00r:2, 126, 414 58$33, 611, 309 45 Expenditures. Indians ..•... ---···.............. 3, 988, 3.'i3 00 6, 927,773 48 3, 407,938 14 7,426, 997 .f4 7, 061,728 ~ 7, 951,704 00 6, 69-l, 462 09 8,384, 656 82 Do. War ............................. 123,246,548 00 78,501, 990 61 57, 655,676 40 35,799, .f.91 82 35,372, 157 20 46,323, 138 00 42,313,927 22 51,120,645 98 Appropriations. Naval...... .. ... ... .... ..... .. . . 16,288, 244 00 17,356,350 00 18,453,270 00 19,250, 090 00 19,832, :t23 00 18,296, 733 00 22,276,257 00 20,813, 946 00 Do. Coast Survey ..... ~ --............ 455, 700 00 (78, 410 72 506, 279 06 735, 000 00 729, 000 00 852, 828 75 841, 000 00 780, 635 « Expenditures. Survey of public lands. . ......... 373, 252 30 429, 495 78 641, 497 37 564, 940 76 838, 514 96 1, 128, 060 00 1, 271, 493 15 1, W9, 636 36 Do. Surveyors-general's offices .. .. .. . 95, 209 00 96, 596 08 114, 962 89 121, 144 05 557, 359 ~ 414, l'J5 00 735, 524 86 690, 303 38 Do• .Tudimary . .... ............. ... .. . 723,378 00 2, 357,661 94 2, 610,342 53 3, 320, 918 98 3, 594, 077 5 3, 826, 131 00 3, 436, 567 25 3, 704, 309 90 Do. Subtreasury . •• ... .. .. • .. • .. • • .. 260, 113 00 272, 614 27 305, 075 06 324, 014 73 430, 835 82 493, 661 00 549, 477 50 460, 379 17 Do. Miscellaneous . . . • .. .. .. .. . .. .. • . 53, 009, 867 00 56, 47.f, 061 53 53, 237, 461 56 60, 481, 916 23 60, 984, 757 73, :t2a, 110 00 ~. 141, 593 61 71, 070, 702 98 Do. 1 Mr. MERRIMON. Now, Mr. President, I have in my hand-- I have another table here. The Senator from Vermont seems to be M.r. EDMUNDS. Before the Senator goes on, will he explain these a little careful that everything that is said should go into the RECORD. tables sufficiently to tell us what he means by" net ordinary ex- This table I did intend might be published in my remarks without penses!" detaining the Senate by its reading; but, as it is desired that it shall M.r. MERRIMON. I mean such expenditures as do not include the be read whether anybody hears the reading or not, I will send this interest on the public debt. table to the Clerk and ask him to read it so that it may go in. This Mr. EDMUNDS. Including everything else but interest on the statement shows the number of gallons of spirits distilled from 1863 to public debt f · 1875. Mr. MERRIMON. Yes, sir, the regular expenses of the Govern- Mr. LOGAN rose. ment; that is what I mean. The PRESIDING OFFICER. Does the Senator from North Caro- Mr. EDMUNDS. The Senator says he means everything, if I un- lina yield f derstand him, except the interest on the public debt; all other ex- Mr. MERRIM:ON. Yes, sir. penditures. ~ Mr. LOGAN. I merely wish to make a statement. Yesterday I gave Mr. MERRIMbN. Except the interest on the public debt and any notice that at one o'clook to-day I would call up House bill No. 58, to special appropriations that may have been made, as for example the equalize the bounties of soldiers who served in the late war for the appropriation made to pay certain unusual expenses about the Navy Union. Of course circumstances have put me in a position where it when it wa.s contemplated that we should probably have a war with is impossible for me to do it. I merely wish to make this statement Spain about Cuba; and I believe that pensions are excepted also. in order to give the reason why I did not do as I suggested I would Mr. EDMUNDS. Let us understand it. My only object is infor- do. The reMon is well known to Senators. I could not interfere with mation, not debate. Do I understand the Senator to say that what he the Senator from North Carolina while he WM upon the floor, and he calls his table of net ordinary expenditures does include all the appro- took the floor before one o'clock. priations made by law and all the expenses of the Government ex- Mr. M.ERRIMON. M.r. President, I have in a very hurried way sub- cept those for interest on the public debt! mitted some desultory remarks and made some points which I believe M.r.l'tfERRIMON. No, sir; the Senator did not so understand me. are material in view of what was said by some Senators yesterday Mr. EDMUNDS. It does not f upon political topics. I have not had time nor opportunity to collect M.r•.MERRIMO~. No; because there are other things that might a great many other facts tending to strengthen what I have said to- not be included, a.s for illustration-! cannot specify all, nor do I day. If need be, I may do so upon another occasion. It was no purpose know all-the appropriation of moneys to pay the expenses that were of mine to engage in a political discussion on this occasion; but I incurred specially at the time it was apprehended we might have a thought it wa.s due the Senate, due the House of Representatives, and conflict with Spain. due the democratic party and the country that somebody should say Mr. EDMUNDS. Let me understand th Senator as to this table. something in reply to what fell from Senators on the other side yes- Does he mean to say that it is only a table of the net ordinary ex- terday, and when we said that something it should be oased upon penses as he now defines them T fact. If Senators can overturn these facts, I submit let them do so. Mr. MERRIMON. That is as I understand it, put down in the reg- If they cannot do it, the statement I have made must go for what it ular documents that come to Congress, as not ordinary ezpenses. is worth. I believe the facts I have stated are true, my data are M.r. EDMUNDS. I am merely inquiring for information; that is likewise true, and my deductions are fair and just. Let any one all. show the contrary who can. Mr. MERRIMON. Yes, sir; I think my friend desires to ~et in- I now wish to detain the Senate for a few moments upon the bill formation. I am sure he cannot have any other motive-he IS very before us. I can say truly that I am opposed to any river and harbor frank always. bill that I have ever seen. I believe that the river and harbor ap- Mr. EDMiT.riDS. Are these official tables, reported to Congress T propriations made for many years past have been made under a M.r. MERRIMON. Yes; they are official tables. The statistics are vicious system of legislation. They have brought about a practice taken from the books containing the reports to Congress. of what may not be inaptly termed "cross-lifting" to pass a bill or, M.r. EDMUNDS. But who took themf That is what I wan~ to as the practice is styled I believe by the Supreme Court, "log-rolling." get at. I do not believe in that way of passing measures through Congress. M.r. MERRIM.ON. They were obtained from the reports made by I believe it is essentially wrong and that it is vicious. I have always the Secretary of the Treasury and other proper officers. voted since I have been in Congress for the river and harbor bill Mr. EDMUNDS. Then I understand this statement to be certified with great reluctance. I have not suffered my action at any time to by the Secretary of the Treasury that the Senator had read. be controlled by considerations such as those I have just adverted to. Mr. MERRIM.ON. I do not understand that the Senator understood I have uniformly voted for amendments to such bills upon what I me to say that. Those :figures are taken from the official books. regarded 38 their merits at the time. In the case of the present bill M.r. EDMUNDS. By private hands! I have voted to sustain the House bill except in a few instances, Mr. MERRIMON. Yes, sir. where I thought the amendments proposed by the committee were Mr. EDMUNDS. 0 I meritorious and ought to have been made. Mr. MERRIM.ON. If the Senator doubts their correctness, it is the I recognize the evils forcibly depicted by the Senator from Ver- easiest thing in the world to verify them. I am astonished to see an mont, [Mr. Em\WNDS,] the Senator from Ohio, [Mr. THURMAN,] and experienced lawyer question the correctness of anything that can be other Senators in this debate. The speeches which they have made verified so easily and is of record. would be very proper upon another occasion. I believe that this sy~ Mr. EDMUNDS. I am not questioning anything; I am only ask- tern of making appropriations for improving the rivers and harl>o:rS ing the Senator to tell us what his tables are. of the country ought to be made in an entirely different way. I be- Mr. MERRIMON. I know the Senator does not in terms; but he lieve that a measure ought to be devised for that purpose, and if such has a very artful, astute way of seeming to question things without a mea-sure were before Congress I am quite sure no one would be more saying so, and that I apprehend he is doing at this moment. It can ready to support by his voice and his vote such a measure than my- pass for what it is worth. If there is anything in the tables that is self. But such a measure is not here, nor is this the time to consider not true it is very easy for the Senator, or anybody else, to verify them it. It seems to me that we ought to look into the merits of this bill and prove that it is fa]se. · and the necessities and considerations which ought to prompt the Mr. EDMUNDS. There is a ve:zy easy way of stating the truth so Senate to pass it. I shall think seriously in the future of aiding some as to make it a falsehood. Senator in bringing forward a bill for the purpose of devising some Mr. M.ERRIM.ON. It would place me certainly in a very awkward other way by which to determine what appropriations should be made position if the Senator could do so. The tables are not false: they are for public works. It might be well to consider whether a commission :figures from official records. I did not write them myself; but I do cannot be provided, consisting of heads of Departments or certain not hesitate to say they are correct. They are taken from the public officers of the Government, who, aided by the Chief Engineer of the records of the country; go and see the record. Government, might determine what public works ought to be consid- 4686· CONGRESSIONAL RECORD-SENATE. JULY 18, ered by Congress from time to time. I do not commit myself to such Mr. ALLISON. That sum goes to swell the aggregate amount of a course of action as that at this time, but some one like it, I am sure, these appropriations. . ought to be adopted for the purpose of preventing the very difficul- Mr. MERRIMON. So it does. ties and the practice which we see prevailing in the ca8e of the bill Mr. .ALLISON. And not a voice was raised against Cape Fear in now before the Senate, and which has prevailed for many years past. this Senate by anybody. This is a proper appropriation. It ought to be corrected; but it ought to be corrected at a proper Mr. MERRIMON. That is very true. I am very glad to hear the time and in a proper way. These eloquent speeches that are made Senator say it is a very proper appropriation. It is a, . public work now are not made for the purpose of ·bringing about this reform. that has been on hand for some years and onght to be completed as They are manifestly for the purpose of defeating this particular bill, soon as possible. Can anybody complain that that appropriation or if not for defeating the bill, f.<> cut down the appropriations in was made for North Carolina J It is true that North Carolina is such a way as to leave only such appropriations in the bill as will locally benefited. Wilmington particularly is locally benefited ; but subserve the interests of persons who are deeply interested in them. Maine, and Massachusetts, and Rhode Island, and Connecticut, and I cannot join in any such warfaJe up{m the bill as that. I think that New York, and New Jersey, and PenDBylvania, and Maryland, and it ought to be tried upon its real merits, and that we ought to vote every State upon our Atlantic coast is benefited by that appropria- for it in that light and in that light alone. tion. They have almost a direct interest in the improvement that is It is said that this bill is not consiste-nt with the action of the going on at the month of the Cape Fear River. My friend [Mr. EATON] House of Representatives in making appropriationB for other general suggests to me that so have the West an interest in that improve- purposes. I do not assent to that proposition. It is not true in fact; ment. They send their breadstuffs, their wheat, corn, and grain to for the bill as it came from the Honse made the appropriations less the East by way of Baltimore, Philadelphia, and New York, and those in amount than the appropriations of last year by over $000,000. productions go to North Carolina and to South Carolina by way of Therefore it is in the line of retrenchment and reform. There is an- this port. I am glad to see that the merit of this appropriation is other consideration that must be taken into this account. There is no conceded by all. bill which is passed by Congress that is better calculated to improve Let us come to the next appropriation in North Carolina, which is the country in material respects and aid in its development than river for Pamlico River. That is not a creek; that is not a stream to float and harbor bills. I do not believe that the country can do a better merely a flat-float. It also is a stream nearly as large I will venture service than to open up in a proper lawful wayitsriversand harbors, to say quite as large, as the Mississippi River at Saint Louis. An im- and promote the convenience and interests of commerce by so doing; mense coastwise trade floats upon that stream. There are obstruc- but I do not care to enlarge upon that point. tions in the river whereby the vessels cannot get up to the trading There is another incidental effect that this appropriation will have point, to wit, the town of Washington. Everybody can see that at this time, and that is one that might weigh something. I do not those obstructions ought to be taken out. .A. small appropriation is advocate the policy that Congress shall appropriate money at any made for that purpose. Can any reaaon be assigned why that appro- time, in any emergency, to feed and clothe the laborers of the conn- priation shall not be made, or that it is not a just and a wise appro- try who are out of employment. I do not think that Congress has priation to be made f. I have heard no rea.son except the simple un- any such power, and if it had I should doubt the wisdom of exercis- founded suggestion that those are creeks, and only fish-boats float ing it at any time, but we know that there are thousands and tens upon them, in North Carolina and elsewhere. Now we come to Per- of thousands of laborers who are out of employment to-day. They quimans River. Perqnimans River is a larger river than the Pam- are in the cities; they are in the country; they are clamoring for lico River, and a very coUBiderable commerce floats upon it. It is bread; they are clamoring for raiment. · They complain that the in- ·true it is a short river. It ought scarcely to be called a river at all, dustries of the country are so depressed that they cannot get labor. for it is really an estuary of Albemarle Sound. The river is very They are ready to labor if labor were offered. If these appropria- deep. There are some obstructions near the place where the vessels tioDB should be made and distributed over the country, as they will st.O{>'- and it is necessary to.Jemove them. The trifling appropriation be from one end of it to the other, hundreds, perhaps thousands of of $3,000 is made for that purpose. It is legitimate; it is proper; it such persons out of employment shall receive employment. I think is necessary. that that is a consideration that we are not at liberty to throw en- Then we come to the appropriation that so much noise and parade tirely out of the case. is made about, that so many faces are made at, about which so much I shall therefore, Mr. President, while I do not concur in the bill in laughter is indulged in, and that is theimprovementof the French Broad its presenii, shape, give it my support in some shape, at the same time River. If any Senator knew the character of that stream, its loca- disapproving of the practice of passing river and harbor bills. I shall tion, the interests that would be developed, and the conveniences that be ready to join any Senator between now and the next session of would be su bserved by this proposed improvement, I do not believe Congress in devising some plan by which this vicious system of legis- that a Senator preBent would hesitate for a moment to say that the lation can be dispensed with in the future. It is often the case that appropriation is really a proper one. we have to do the best we can with an existing evil. So it is iu this We have heard Senators talking a great deal about conscience. case. Yesterday some Senators did not know how any man who had a con- I wish now to say a word or two upon the subject of two or three ap- science could vote for snch appropriations as the French Broad River propriatioUB. I have been astonished that Senators ordinarily very and similar appropriations. I believe I have some conscience, and I generous in their feelings and liberal in their votes should become ex- can vote for that appropriation without doing violence to conscience. ceedingly stingy on this particular occasion, and particularly when I believe that it is a work of public improvement that will be bene- somebody else iB to be benefited by the appropriatioDB contained in ficial to a section of the country that is very deserving. This is not the bill other than themselves. I believe special reference ha.s been a mere branch; it iB not a mere creek. It is true it is in the monnt- made on one or two or more occasions to the appropriations made for aiiiS, but it is not a stream that is confined t.o North Carolina. It my own State. One or two Senators have laughed at them, others rises in North Carolina, passes into the Stat.e of Tennessee, and forms have sneered at them, others have made faces at them, a.nd thereby a main branch of the Tennessee River. Below the North Carolina they expected to produce the impression upon the Senate and the line some distance it iB navigable for boats, and I believe it is navi- country that they were simply monstrous. gated every day. Through the Smoky Mountains there is an immense Mr. CONKLING. If the Senator will point out those Senators we shoal. This part of the river cannot be made naviga.ble, but from will have them dealt with immediately. Asheville, in the direction of the source up a distance of forty-five Mr. MERRlliON. I do not care to be personal. I never am per- miles, the river, as the engineer has stated, is from seventy-five to three sonal in my remarks when I can avoid being so. hundred yards wide and has a depth of water, at low water, of from Mr. CONKLING. .A:ny man who made a face at North Carolina four to six feet, except upon the reefs and shoalB. It passes through should be put to d(\ath. [Laughter.] a beautiful rich valley with magnificent mountains on either side. Mr. MERRIMON. I would not have him put to death, but I would The valley is rich in soil and in other respects. There are valuable endeavor in a proper way to teach him better manners the next time. deposits of iron-ore and other minerals along on either side of this I call attention to the four streams that are provided for in North stream. Iron is or has been manufactured at two or three places. Carolina. 'fake the Cape Fear River. At the place where this im- With a small expenditure of money it can be made navigable for provement is to be made and for many miles above it, the Cape Fear forty-five miles above the town of Asheville, which will answer a use- River is larger than the Mississippi at Memphis. More than that, an ful purpose. Althou(J'h there is no railroad to Asheville at this time, immense commerce floats upon it. Ships by the hnndredB enter there and has not been in t~e past, it has been seriously contemplated sev- annually. The trade of that town goes to South America, to the eral times to improve the river by private enterprise. It is expected West Indies, to Europe, and I might say almost all over the globe. that two railroads, one from the State of South Carolina, and one There is an immense coastwise trade that goes north and south from passingfromeastoftheBlueRidge,NorthCarolina, will reach Asheville the port of Wilmington. If ·there is any work of national impor- within the next twelve or fifteen months. When that shall be done, tance in a very considerable measure it is the port of Wilmington. this improvement will be a very proper one; it will be o.n exceed- The appropriation made by the House and the Senate-for it was in- ingly meritorious one; one that the Senate and Congress might well creased in the Senate-is not equal to the amount demanded by the be proud of. I am sure if the American people could 8~(\ and know engineer. We might reasonably have asked that. it and appreciate its worth, after t.b.e propose(] improvement shall be Mr. ALLISON. I will interrupt the Senator if he will yield. made no man would hesitate to say that Congress had made a wise Mr. MERRIMON. Certainly. expenditure of money in that behalf. Therefore, I say it is not mon- Mr. .ALLISON. The Senate Committee on AppropriatioDB increased stroUB or vicious to make this appropriation. the appropriation at Cape Fear River 100,000. Mr. EDMUNDS. What river is the Senator referring to f Mr. .MERRIMON. I know the Senate committee did that. Mr.l\IERRIMON. It is the French Broa.d. 1876. CONGRESSIONAL RECORD-SENliTE. 4687 Mr. EDMUNDS. Is that the one that the engineer reported last force, that it depended upon where the river was very much whether year would require a steam-pump to get water into itf the appropriation was right or wrong. Mr. MERRIMON. No, sir. I expect that river is in the State of Mr. WINDOM. It depends very much upon what its business is Vermont. and its capacity for improvement. Mr. EDMUNDS. 0, no; it is in the State of North Carolina. I have Mr. MERRThiON. See what the policy of the Government has been the report right here. I have the report all ready for you. toward this river in Minnesota. Mr. RANSOM. I will inform the Senator from Vermont that no Mr. McMILLAN. The Senator is aware that the Red River of the appropriation has been asked here for that river, but it will be im- North is a boundary line between the State of Minnesota and Dakota proved some of these days. . Territory, and that it extends :from Minnesota into the British prov- Mr. MERRIMON. Is the fact that the French Broad is a moun tam ince of Manitoba; that it is crossed by the Northern Pacific Raiiroad, strea.m any objection to it f Is the :fact that this navigation cannot and is navigable of itself, but requiring certain improvements to connect with the navigation in the State of Tennessee, by reason of facilitate the navigation. the iihoals I have mentioned in the Alleghany Mountains, a ren.son Mr.. MERRIMON. I do not intend .to make a point against the ap- why the improvement should not be made 7 I know that thousands propriation for that river. I have no doubt it is a stream that ought and millions of dollars have been appropriated for the improvement to be improved. I think the Government has done a wise work in of the Mississippi River as high as the Falla of Saint Anthony. Navi- improving the navigation of the rivers of the Northwest, aiding in gation cannot pass above those falls, but above those falls the Missis- cutting canals, and all that kind of improvement. We see the fruits sippi is navigable for two or three or four hundred miles, and thou- of it, the generous and noble results. Profiting by that experience sands of dollars have been appropriated for the improvement of the let us go on and make that improvement somewhere else. We want Mississippi River above that point, while it is not contemplated a some of these improvements in North Carolina. If southern states- boat can ever pass over and around those falls. men in the past, as my excellent friend from West Virginia [Mr. CA- I take it Congress has complete power to make this appropriation. PERTON] stated yesterday, have talked too much about political ob- For my own part I have no doubt about the fact that Congress has the structions, in the future I do not think they will do it; at all events power under the Constitution to make appropriations for the improve- I shall not. I have no conscientious scruples about this appropria- ment of rivers and harborsin theproperway. Idonotdeem itneces- tion. I believe it is a wise and proper one, and if Congress shall make sary to go into a.n argument to prove the truth of this position, and it they will not regret it in the future. The time will come when indeed it is unnecessary that I should do so, because the practice to that country will blossom as the rose; when it will become the seat make such appropriations has prevailed in this country from almost of wealth and refinement, and its resources will be developed so that the beginning of the Government. Statesmen of every variety of it will be the summer-resort for our fellow-citizens from every quar- political views and of different views on the Constitution have sup- ter of the Union. I have no doubt about it. port-ed measures of that character. To say that it is anti-democratic I confess I am not satisfied with the amount provided by this bill is to contradict the history of our legislation from the time the demo- as amended in the Senate. I wish a less amount than it contains now. cratic party had an existence down to this time. I shall venture, however, t.o vote for it as it is, if need be, with the There is a.nother point I want to say a word to my friend from Iowa hope that it may be made what it ought to be in the conference com- [Mr. ALLISON] about. The other day he not only laughed at this mittee. French Broad appropriation, as he called it, but he said the engineer I beg pa.rdon for having detained the Senate so long. I thought, had not made any estimate for it. He said there was no need of it, under 1lhe circumstances, I was warranted in saying what I have said. because the railroad had not reached Asheville yet. I am assured Mr. MORTON. Mr. President, I shall detain the Senate but for a that the railroad will reach there at no very distant day. But why few minutes. I think it is proper to make some answer to what has so much clambr about this appropriation and smaller appropriations f been said by the Senator from North Carolina. My friend is undoubt- I see two or three appropriations made here by the House for smaU edly sincere in what he has said to-day. He believes it all, and hence streams and the committee of the Senate do not say a word about I shall not call in question his motive for any declaration. It is some- t.hem. I do not exactly understand it . . Here is one of them: times said that figures cannot lie; but we know that they ca.n be placed For the improvement of the Chippewa River, Wisconsin, $15,000. so that they lie prodi~iously. The figures which have been put into On looking at the engineer's report I do not see any recommenda- the hands of my friend from North Carolina-! know not by whom- tion for an appropriation for that river. Besides that, it is one of . do lie prodigiously; they come nowhere near the truth. I will ask these small streams that we hear so much complaint about. Yet the my friend to let me see that statement about the defalcations in committee did not see fit to take any notice of that at all, they let it Johnson's administration in regard to whisky. It is very interesting. pass. Here is another item in the bill: The Senator was asked this question in the course of his remarks : What good thing has been done of any cha.ra.cter by the democratic For the improvement of the Red River of theN orth, Minnesota, $10,000. party in the last twenty-five years 7 I will ask what good thing has It was amusing reading to me when I turned over to the engineer's been done or suggested by that party in twenty-five years Y I should report to see that river described; yet there is nothing said about like for any Senator on this floor to name it. I will give him the t-hat in the debate. That is one of the little streams of the character floor to name it. that is complained of. Mr. SAULSBURY. I will tell the Senator. I say to him that the I do believe the appropriations made by the bill as it came from demoGratic House of Representatives at the present session have in- the House have been made in such a way as to be distributed vestigated and exposed the. corruptions which have heen practiced fairly all over the country. As my colleague said the other day, it is under the AdminiRtration which he supports; and that the various a very unwise policy that only looks to the heart without reference committees of that body have brought to light not only a degree of to the various arteries and veins that go to support the whole system extravagance and of loose administration, but a degree of corruption of the body. In order that we may have an immense commerce on that ·has astonished this whole country. That is a noble service the seaboard, a commerce that will go to every clime, by which we which has been rendered by the democratic party at the present ses- shall interchange our products with the products of all nations, we sion. must improve the rivers, the rivers in the mountains as well as the Mr. MORTON.· We know that the democratic party has assumed the rivers in the valleys and the lowlands, in order that any one who role of the detective. How much it ha.s discovered will appear·more has anything to sell may have an opportunity to get to the markets fully when we get the evidence. But that is dodging the question. The of the world. · Senator has mentioned certain investigationsduringthis session which Mr. WINDOM. Will the Senator yield to me for a moment t I think up to this time have merited chiefly and received the contempt Mr. MERRIMON. Yes, sir. of the country. I repeat the question, What good thing has been Mr. WINDOM. I want to call his attention to the fact, as he has done or suggested by the democratic party in the last twenty-five referred to the Red River of the North, that there were seven vessels, yearsf I see my friend from Connecticut, [Mr. EATON,] who has an good-sized steamers, running on that river all last year. Two more excellent memory. If there was one good thing in the history of his are being built this year, and a v~ry large amount of work ha-s been party for twenty-five years he would not hesitate to name it. done by them. There is a large commerce between this country and Mr. EATON. And he will name it before we get through with this the British provinces. If the gentleman compares that with his discussion. . mountain stream I will a-sk him if they ever heard of a steamboat up Mr. MORTON. When I look back I remember the fugitive-slave in Buncombe County or heard a steam-whistle f law in 1850; I remember the repeal of the Missouri compromise in Mr. MERRIMON. If the Government had done as much for Bun- 1854, that breach of faith which was the beginning of the war ; I re... come County as it has done for the Red River, steamboats would have member the border-ruffian outrages in 1855 and 1856 ; I remember the been there a long time ago. Lecompton constitution and the Dred Scott decision in 1857 ; I re- Mr. WINDOM. I doubt very much if they know what a steamboat member the democratic party in 1860 saying there was no power to means in Buncombe County. coerce a State to remain in the Union; I remember its opposition to Mr. MERRIMON. I could not expect the Senator to make so un· every war mea.sure; I remember its meeting at Chicago in 1864, dur- generous a remark as that. I was going a moment ago to doubt ing the last great struggle, when every honest man knew that the whether the voice of civilization had ever been heard on the Red rebellion was doomed unless it was saved from the North, and their River. I take it that it has. I should be very discourteous to say declaring to the world, Mr. Tilden himself being on the committee, that no human being there ever saw or heard a steamboat or a steam- that the war was a failure and ought to be abandoned. I know that boat whistle on the Red River of the North. I did not mean to make in any other country in the world than this, struggling with armed any point a~ainst the Senator's appropriation. I take it that it is rebellion, that declaration would have been punished as high treason, just and mentorious. I was pointing out, and I think with some ns it deserved to be, made at that time and under the circuiDBtances. · 4688 CONGRESSIONAL RECORD-SENATE. JULY 18, I remember its opposition to the abolition of slavery. I remember South and the white republicans from the numerous slaughters that its opposition to the fourteenth and fifteenth amendments. I remem- have fallen upon them in the past and from those with which ber the counsel it gave to the South to reject all reconstruction. I they are threatened in the future, we are told that we are trying to remember the outrages of the Ku-.Klux and white-leaguers who re- do it by force. A.y, if we cannot do it in any other way, it is our ceived protection and encouragement in the tents of the democratic duty to do it by force. The protection of the lives of the people is party. I put the question to my friend-and I will give him the floor the highest duty that is ever imposed upon government; and when to answer-what good thing has his party done or even suggested in such slaughters take place as occurred in South Carolina the other twenty-five years f Continually evil; the blackest and the most day where ten men were murdered in cold blood under circumstances damnable record in the history of parties in this or any other country. of atrocity_that would shame anything that bas occurred in Indian My friend from North Carolina talked a great deal about the ex- warfare for years ·past, if we try to protect men from the repetition penses of the republican party. He talked about the increa~ed ex- of those things even by force, would it not be justified f penses of the Government. He said the last four years had cost the The Senator referred to the great corruption of the republican country more to maintain this .Government and carry it on than dur- party. He spoke about the exceeding purity of the Government un- ing the previous history of tho Government. I do not know whether der democratic administration 1 and how vile and how wicked it was he is right about that or not; but I will assume for the sake of argu- under republican administratiOn. I have been mingling with the ment that he is; and I ask who is responsible for itf I answer, my democrats for a great many years and I know them pretty well every- friend and those with whom he has acted during that period. If we where. have incurred billions of expense, if we are now oppressed by a Mr. MERRIMON. Yon used to belong to them. national debt, if we a,r e burdened by heavy taxes, I tell him, he and Mr. MORTON. Yes, I did in their better days, and I suppose I shall those who acted with him have laid those burdens upon us. They never cease having that thing thrown up to me. I left them in 1854, are directly responsible; and it requires all the face-I will not say twenty-one years ago and better. I am now of age in the republican cheek-it requires all the good countenance even of my friend to party, and whenever a democrat wants to hurt my feelings he charges stand up and say to the republicans," You republicans did not con- me with having been a democrat. [Laughter.] quer our rebellion quite as cheaply as you ought to have done; you - Mr. MERRIMON. I can assure my friend that I did not intend to have not handled taxation and the public debt and the other conse- wound his feelings. I thought it very probable that was the proud quences growing out of our treason as well as you ought to have part of his life. done. Therefore we are indignant about it. Yon ought to have done Mr. MORTON. No, Mr. President, that is not the proud part of my this business better; yon ought to have whipped us at half the ex- life. The proud part of my life is that which was occupied in assist- pense, and you did not. We propose to take the Government out of ing in puttin~ down the rebellion, preserving this Union, and con- your hands and ourselves to settle with and deal with the conse- queTing my fr1end and others who were in arms with him. quences of our own crimes and blunders." That is the argument of Mr. MERRIMON. My proudest part is the attempt to break up my friend. this corruption. • Mr. MERRDION. Will the Senator let me say a word f Mr. MORTON. I am coming to "this corruption" now. The Sen- Mr. MORTON. Certainly. ator has brought in a statement that the Government lost during the Mr. MERRIMON. I do not concede what the Senator said. I deny administration of Andrew Johnson over a billion of dollars by frauds it. I deny it substantially, perhaps not altogether in detail. But on the revenue in regard to whisky. This illustration, like the oth- suppose it was true, is it not my dnty and the duty of every good man ers, is exceedin~ly unfortunate. It happens that it was during a to reform these acknowledged abuses f Is that any warrant for the democratic admrnistration. · wholesale plunder which I have only to a very limited extent devel- Mr. MERRThlON. 0! oped here this morning f Mr. MORTON. It was when the administration of the laws was Mr. MORTON. Mr. President, the Senator does not meet the point under the control and the influence of the democratic party; but my at all. He says, suppose it is so ; suppose that he and his friends are friend says that the republican party is responsible for Johnson's responsible for all these things, is it not his duty to reform abuses f administration, because it elected him, just in the same way that the Certainly it is; and it is his duty and those who act with him to come republican party of North Carolina is responsible for my friend's back and pay these debts if they could; but they cannot do it. It is speech this morning, because they elected him. I imagine that if in bad taste for him and others to come here and throw these things the republicans of North Carolina had heard my friend's speech this in the face of the republican party as if they were crimes upon our morning they would come to the conclusion they had done a very part, when they are but the consequences, the legitimate results of bad job, [laughter;] that they had made a very bad mistake. My his own conduct and those who acted with him. I am not putting it friend says he could not help getting their votes; he did not know in a personal sense. When the Senator arraigns the republican party about it; it was a surprise to him; he had no intimation ·of it, and for the consequences of the rebellion, I tell him it is not within his he has never forgiven them for voting for him yet, and he was trying power and it is not good taste for him to hold us responsible for it. to punish them this morning. [Laughter.] Mr. MERRIMON. That is simply a question of taste, then. Mr. MERRIMON. I wa.s very grateful for their votes. Mr. MORTON. No, sir; it is no question at all. There is no ques- Mr. MORTON. A.h! Grateful to those corrupt fellows for voting tion about it. If these things are the natural and the legitimate con- for him, and comes here to take Government money by the votes of sequences of the rebellion, it does not become those who were con- a party that he describes as being the most corrupt that ever existed. cerned in that rebellion, who helped to make it, or took any part in Mr. MERRIMON. I did not describe individuals in that way. it. to throw it up to us as if it were a crime on our part; and that is :Mr. MORTON. My friend describes the republican party generally what is continually being done. We are held responsible for the as being the most wicked and corrupt organization. It has done some crimes, the misfortunes, and the blunders of others. good and generous things; my friend must admit that. It passed a Mr. MERRIMON. Are we to sit here with our mouths closed, and bill enabling my friend to take a seat here and to give us the benefit are we not the equals of other Senators on this floor f If not, we from time to time of his distinguished eloquence. ought to be turned out and sent away. I take it we are sent here Mr. President, it so happens that under the administration' of Mr. under the Constitution of our country to do whatever we can by our Johnson, when the democratic party had full control of him and con- advice and by our votes and co-operation calculated to promote the trolled his appointments, the frauds upon the revenue in the collec- best interests of the country. I am here for that purpose. If I am tion of the tax on whisky increased enormously, and although the tax not here as an equal, if I am not at liberty to discuss measures and at that time was $2 on the gallon the last year of his administration to aid in maturing them, the sooner the republican party turn me the collection was a little over 12,000,000, a mere bagatelle. The and the men like me out the better. Senator from Ohio stated the fact here this morning. So much for Mr. MORTON. My friend has not been sitting here all the morn- democratic administration as compared with republican administra- ing with his month closed, we all know, [laughter;] it is his perfect tion. right to hold the party in power responsible for any of its mi13deeds, The most corrupt administrations this country has ever had were and to seek to reform abuses that now exist and make things better those that were purely democratic, and the documents in the Treas- in the future; but that is not what I am talking about, and I do not ury Department show it. 'fhe most corrupt periods of our adminis- intend to have my friend, with all his shrewdness, escapE\ from the tration were under democratic rule. point. I bring him right back and I tell him that all the demorali- Mr. MERRIMON. I ask the Senator to cite his facts. zation of the times that he complains of, these vast expenses, these Mr. MORTON. I am going to. That is what I am going to do, and increased employes, and the enlargement of the civil list, all these there is where I shall have the advantage of my distinguished friend. are things that he and those who acted with him are responsible for; My friend believes all he said this morning; but when his speech is and they have no right to Jay them at our doors as a crime or a_n in print, it will look like that veritable history of Baron Mnnchansen; offense. but, so far as my statement is concerned, I will verify it here. I have The Senator said in the course of his argument that the republican the statement from the Trea.3ury Department ; I am going to read it. party had accomplished all its measures by force. It was imputed Some four or five months ago, on the 9th of February, I believe, the to us as a crime that we had accomplished our measures by force. Sir, Senate passed a resolution calling on the Secretary of the Treasury that is in great part true. We had to put the rebellion down by force. to make a statement from the books of the Treasury of all the defal- It required much blood and it required much treasure to put it down; cations and failures to make settlement, from whatever cause, that and we are paying the debt every day ; and even that is imputed to had occurred in our country since the 1st of January, 1834. 'l'ha.t us as a fault, that the republican party has had to accomplish its embraced the last administration of General Jackson. That docu- measures by force. If we attempt to protect the colored people of the ment was sent here and with it an analysis printed officially. It f 1876. I CONGRESSIONAL RECORD-SENATE. 4689 comes over the signature of the Secretary of the Treasury; it is true; cratic aclministration, $6.98; in Lincoln's administration, 1.41, and it is given by detail; and it is worth ten thousand of the loose state- that was during the war; in Johnson's administration, forty-eight ments that my friend has made here this morning, I do not care how cents; in Grant's first administration, forty cents; and in t.he last three sincere be is in making those statements. years of Grant's administration, twenty-six cents on the $1,000. Here :Mr. MERRIMON. Allow me one word T we have the statement from the Treasury Department that puts to Mr. MORTON. Yes, sir. flight aH these Monchausen stories that are told about the monstrous Mr. MERRIMON. I allowed the Senator to interrupt me when- corruption and degradation of the republican party ; and I undertake ever he wanted to. That report does not present the fa.ots at all, and to say now that all things considered, wbile there are defalcations, and I had supposed that my friend knew it. It does not present a true there always will be until human nature is regenerated, and while state of any case that is ment.ioned in it, and I believe in support of there will be failures and short-comings and frauds, I believe to-day this declaration I might appeal to the Senator from Rhode Island, it is the purest and best administration this country has ever had. [Mr. ANTHONY.] I remember to have had a conversat.i on with him Mr. MERRIMON. Gracious alive! about that, if I may allude to the conversation at all ; if it is dis- Mr. MORTON. The Senator says "gracious alive." It requires agreeable to him I will not. stronger declarations than that to get over these figures. My demo- Mr. ANTHONY. Go on, sir; I do not understand what the allu- cratic friends have but two arguments in this campaign. The argu- sion is. ment has been, in the South, violence, intimidation; and the argument Mr. MORTON. I can set that matter right. The statement is not in the North is the cry of reform and corruption. The first argument correct in this, Mr. President, that there are defalcations put down that is the shot-gun, the revolver, the bowie-knife, and it is sharp and mur- do not exist, that were afterward settled; but so far as the proportion derous; and the second argument is false and hypocritical. [Applau~ is concerned between the different adminstrations, so far as my pur- in the galleries.] pose is concerned in the comparison I propose to make, it is the same The PRESIDING OFFICER. Th~ rules must be observed. as if every defalcation here stated took place. The objection is that Mr. MORTON. I think it has been said that in the last year of the stat.enient is not too small, but too large. Buchanan's administration, in 1860, the expenses of the Government Mr. MERRIMON. My objection i s - were oJtiy $60,000,000. Well, Mr. President, the population then was Mr. ANTHONY. I should like to have the Senator from North 31,000,000; it·is now not less than 44,000,000; and when yon take the Carolina state what the reference to me is. I did not hear it. expenditures of the Government then and compare them with the Mr. MORTON. I prefer going on. My friend has no right to an- expenditures now, and the population then 31,000,000, now 44,000,000, ticipate my statement by ~oming in with a caveat in advance. and take ·out the payment of the interest on the public debt, the pay- Mr. MERRIMON. The Senator from Indiana ought not to read ment of pensions, and all the expenses brought upon us by the re- that paper, for it does not present the facts. I have read no paper bellion, I make the declaration without fear of contradiction that that does ~ot present the facts as shown bythe official records. That the expenses of the Government now are less per ca.pita than they paper does not present the facts. were in 1860. If they have been increased the responsibility is just The PRESIDING OFFICER. Does the Senator from Indiana where I placed it and where history will place it. yield f Mr. President, I should like to read this whole statement, but it is Mr. MORTON. I do not yield to my friend to make such~. state- long and I will ask the privilege of incorporating it in my remarks. ment as that. I stated wherein it does riot present the facts, that I mean the statement from the Treasury Department with all its details. some of these defalcations in all administrations were afterward set- The PRESIDING OFFICER. Is there objection t tled or turned out to be nominal; but that pertained just as much to Mr. EATON. I object. I object because it was not permitted to one as to another, and, so far as the object I nave in view is con- the honorable Senator from North Carolina to have a table printed in cerned, it is a fair statement, because it shows the proportion in all his remarks. administrations, and now I propose to give it just as it is furnished Mr. ANTHONY. Then have it read. from tha books of the Treasury Department, and it puts to flight ten Mr. MORTON. I did not object to what my friend offered. thousand lies that are being told every day in every State and from Mr. EATON. Let it be read. every stump about the republican party. :Mr. MORTON. Let it be read from the beginning; it is good read· Take the last administration of General.T ackson, The defalcations ing; it is in detail, and the detail and particularity will show the and failures to make settlement on the thousand dollars of collection truth of what I said as a general statement. If my friends will have as shown by th*3 books of the Treasury were $10.5!); in Van Buren's ad- the patience to hear it read, I am sure we shall not object. ministration, $21.15; in Harrison and Tyl~r's administration, $10.37; in Mr. EATON. Let us hear it. Polk's administration, $8.34; in Taylor and Fillmore's, $7.54; in Pierce's The PRESIDING OFFICER. The Secretary will read the paper. administration, $5.86; in Buchanan's administration, the last demo- The Secretary read as follows : . TREASURY DEPARTMENT, 'Wa.ahington I D. a., Ju'M 19, 1876. Statement showing the receipts and disbursements of the Government from January 1, 1834, to June 30, 1875; exhibiting also the amount of defalcations and the ratio of losses per 1,000 to tbe aggregate received and disbursed. arranp;ed in periods, as nearly as practicable, of four years each, and also in tbe periods prior and sub sequent to June 30, 1861; prepared under tbe direction of the Secretary, to accompany his answer to a resolution of tbe United States Senate, dated February 9, 1876, calling for a detailed statement of balances due from public officers no longer in the public service which have arisen since 1830: Disbursements, losses, and ratio of loss per $1,000, to aggregate disbursements. I - War. Navy. Indians. Pensions. Period. §g R • 0=> ~ 00 . d • og 0 Disbursements. Losses. 11'10 11'1 ~ Disbursements. Losses. 11'10 11'1 ~ Disbursements. Losses. 11'18 11' ~ Disbursements. Losses. 11'10 1D - e- 0~ ~~ 0 .... H• H* H* Jan. 1, 18.14, to Dec. 31, lil37 t36, 885, 422 32 $50-2, 062 83 .13 60 $20, Z75, 832 24 $213,405 94 l$10 53 $12, 095, 456 75 t130, 256 56 $10 76 $10, 873, 957 03 $17,906 63 t1 65 Jan.l, 1838, to Dec. 31, 184l 37,711,097 43 206,873 89 5 48 24, 428, 848 64 101,256 23 414 12, 879, 740 60 4, 215 61 32 10, 290, 804 48 101,951 64 990 Jan. 1, 1842, to June30, l845 20,483, 584 91 48,359 58 235 24, 920, 331 48 54,291 93 2 17 4, 573, 354 42 10,585 29 2 31 6, 650, 769 55 11,553 38 1 74 Julyl. 1845, to June30, 1~9 88, 500, 208 38 747,275 33 844 33, 550, 831 62 115,666 69 3 45 5, 084, 563 30 11,768 92 2 31 6, 112, 345 31 71,196 44 11 64 Julyl, 1849, to June30, 1853 40, 280, 994 37 373,158 05 926 36, 771, 937 67 141,493 87 385 11,417,463 4{) 69,497 61 6 08 8, 318, 428 22 1, 257 41 15 July1, 1853, to June30, l857 62, 492, 668 32 378,333 37 6 05 50, 843, 720 68 377,505 68 7 42 11, 322, 013 17 38,088 97 336 5, 316, 887 56 18,840 51 354 July 1, 1857, to June 30, 1861 88, 307, 575 a5 287,516 48 325 52, 6l5, 998 89 183,510 52 3 49 14, 325, 403 42 982,417 0~ 68 58 4, 577,393 06 4, 649 51 1 01 Julyl, 1861, to J nne 30, 1.865 2, 713, 569, 422 83 4, 241, 868 55 1 56 314, 223, 986 21 1, 079, 639 44 3 43 13, 169, 317 75 136,582 62 10 37 23, 263, 779 07 29,650 45 127 July 1, 181i5 t.o June30, L81i9 583,749,510 99 542,547 69 92 120, 173, 925 90 98 422 02 81 19, 135, 153 08 73, 973 971 3 86 I 88, 810, 848 ()-2 94,540 67 106 July1, 18W, to June30, 1873 175, 150, 962 73 169,900 39 97 85, 987, 323 86 180,964 68 2 10 25, 848, 369 29 23,557 44 91 120, 676, 926 67 230,825 93 1 90 r: July 1, 1873, to June30, 1875 83, 434, 573 20 23, 742 80 28 52,430,213 69 26,670 77 50 1'i, OTI,118 91 2, 676 38 17 58, 494, 630 88 .................. ·····-· ------ - - - - - 1, 483,620 Total. .... 3, 930, 566, 021 03 7, 521, 638 96[ 1 91 816, 252, 950 88 2, 572, 8'27 77 --- 3 15 144, 927, 954 09 4~ 10 23 343, 386, 769 85 - 5~2. 373 57 ----- - 1 69 ~ Jan. l, 1A34. to J nne 30. 1&11 374,661,5.31 28 543, 519 53 243, 437, 501 22 1, 187, 130 86 4 87 71, 697, 995 06 1, 246, 830 01 17 39 52, 140, 585 21 227,355 52 436 July 1, 1661, to June 30, 1875 3, 555, 904, 460 75 I 4, 978, 059 43 1 39 572, 815, 449 66 1, 385, 696 91 2 41 73, 229, 959 03 I 236,790 41 I 323 291, ~46, 184 64 I 355,018 05 i 1 21 IV-294 4690 OONGRESSIONA1 RECORD-SENATE. JULY 18, Disbursenumts, losses, and ratio of loss per $1,000, to aggregate disbm·sement.a-Continued. Miscellaneous. Post-Office. Period. Disbursements. Losses. Loaaon Disbursements. LoBSes. Loss on 1,000. $1,000. January 1, 1834, to December 31, tS:rr ...•••.• :: .•.....••.•H•• •••••••••••••••• _•••••. $23, 921, 077 47 8300, 154, 05 $12 54 . f11, 697, S84 58 f13, 696 31 $1 17 January 1, 1838, to December 31, 1841: •• : -••.• ••• ••••••••• ~ •••••••••••••••••••••••• 25, 372, 936 06 2, 485, 356 47 97 95 . 18, 284, 961 77 51, 809 86 2 83 .January 1, 1842, to June 30, 1845.·•••••• ·•.•• ·•·. ~·•••••·••••.•••••••••••.••••••••••-•••• 21, 535, 282 45 4, 008, 452 22 46 82 · 18,666,750 20 2, 679 46 14 July .1 1£145, to June 30, 1A49 .................................................. .:••••. 32, 133, 077 73 766,262 44 23 84 16, 861, 478 41 2, 571 24 15 July 1, 1849, to June 30, 1853 ...................... ·- ••••••••••••••••••••••••••.•••. 68, 899, 995 00 899,785 74 13 05 - 26,532,570 74 52, 946 20 1 99 July 1, 185.1, to J nne 30, 1857 •••••••••••••••• : • ••••.•••••••••.•••••••••••• ••••••.••••. 111, 122, 107 75 862,084 11 7 75 40, 439, 110 70 280, 128 05 6 92 .Tuly 1,1857, to June 30, 1861 . •••••••••• .-........................................... . 101, 502, 826 81 834,731 96 8 2'J 56,957,922 74 172,278 46 3 02 July 1, 1861, to .Tone 30, 1865 .••••• :-•••••••••••.•••••••• . ••••••••••••••• ••••••••••• - 115, 145, 844 93 1, 111, 281 85 9 65 48, 779, 085 45 93, 467 63 1 91 t ~~; lr~: E~Ei ~: i~t::::::::::::::::::::::::~::::::::::::: :::::: :::::::::~ 1---------1----- Total........................................................................ 1, 105, 803, 726 67 201, 926, 036 61 248, 032, 245 27 156, 212, 296 59 1, 080, 156 8~ 440,953 04 317,248 86 10, 106, 467 5li 5 34 1 77 203 9 13 81, 016,286 91 104, 132, 079 69 65, 737, 7!!4 03 489, 155, 854 82 167, 236 74 117,797 60 34,970 63 989, 58'2 38 2 06 1 13 53 2 04 January 1. 1834, to June 30. 18tJ1. ••••••••••• n ••••••••••••••••••••••••••••••••••• - :i84, 487, 303 ; ; 7, 156, 8~ 99,18 61 . 189, 490, 678 74 576, 109 78 = 3 0-l July 1, 1861, to ;rune 30, 1875....... .•••.•. ••••• .••••• •••••• •••••• •••••• •••• •• •••••• 721,316,423 40 2,949, 640 57 4 08 299,665,176 08 413,472 60 1 38 Disbm·sements, losse8, and ratio of loss per $1,000 to aggregate disbursement8-Continned. , • Net total, exclusive of post-office. Gross total, exclusive of post-office. Period. .Administration. Loss on Disbursements.* Losses. Loss on Disbursements. Losses. f1,000. f1,000. I Jannary 1, 1834, to December 31, 1837 .••••••••••••. t104, 051, 745 81 fl, 163, 786 01 $1118 $110, 308, 325 19 f1,16..'l, 786 01 $10 55 JMksan's. January 1, 1838, to December 31, 1841. ••••••••••••. 110, 683, 427 21 2, 899, 653 84 26 19 137, 094, 438 34 2, 81J9, 653 84 2115 Van Buren's. January 1,1842, to June 30, 1845 ..•••••.•••.••••••. 78, 163,322 81 1, 133,242 40 14 49 109, 187, 401 24 1, 133, 242 40 10 37 Hanison ltnd Tyler's. July 1, 1845, to June 30, 1849 .•••••••••••..•••••.•. 16.'1, 381, 026 34 1, 712, 169 82 10 35 205, 194, ?00 57 1, 712, 169 82 8 34 Polk's. July 1, 1849, to J nne 30, 1853 ••••••.•••••••••••.••. 165, 688, 818 66 1, 4o5, 192 6'3 896 194, 370, 493 14 1, 485, 192 68 7 64 Taylor and Fillm6re's. July 1, 1853, to J nne 30, 1857 .•••••••••••.••••••••. 241, 097, 397 48 1, 674, 852 64 6 94 285, 638, 875 65 1, 674, 852 64 586 Pierce's. July 1, 1857, to June 30, 1861 ••••••••••.••••••••••. 261, 359, 197 73 2, 292, 825 52 8 77 328, 183, 268 39 2, 29:.!, 825 52 6 98 Buchanan's. July 1, 1861, to June 30,1865 . •••••..•••••.••••••••. 3, 179, 372, 350 79 li, 599, 02'2 91 2 07 4, 667, 457, 921 22 6, 599, 022 91 1 41 July 1, 1865, to June 30, 1R69 .••••••••••••••••••••. 1, Cl3, 795, 474 60 1, 889, 641 17 1 86 3, 891, 576, 259 10 1, 889,641 17 48 } Lincoln and Johnson's. July 1, 1869, to J nne 30, 1873 .•••••• ••••••••••••••• 6.'55, 695, 827 82 1, 046, 202 48 1 59 2, 601, 158, 569 90 1, 046, 202 48 40 July 1, 1873, to June 30, 1875 ••••••••••••••••.••••. 365, 648, 833 27 370,338 81 1 01 1, 406, 699, 819 31 370, 338 81 'J6 }Grant's. Total . ••.••••.•.....•.•••.••••••••••.••..••. --------- 6, 340, 937, 42'J 52 --· 22, 266, 928 28 3 51 13, 936, 870, 072 05 22, 266, 928 28 1 59 January 1, 1834, to June 30. 1861 .••••••••••••••••• 1, 126, 424, 936 04 12, 361. 72':2 91 10 97 1, 369, 977 502 52 =12, 361, ·=722= 91 -- 902 July 1, 1861, to June 30, 1875 .• ········-··········· 5, 214, 512, 486 48 9, 905, 205 37 189 12, 566, 892, 569 53 9, 905, 205 37 78 ., *Includes expenditures for public debt. Posr..u. Mmi'EY·ORDERS.-A.mount involved to June 30, 1875, $389,718,785.38; loBS, f156,818.42; loss per &1,000, forty cents. Receipts, losses, and ratio of loss per $1,000 to aggregate of receipts. Customs. Internal revenue. Period. Receipt& Losses. Loss on Loss on f1,000. Receipts. Losses. $1,000. Jtu1uary 1, 1834, to December 31, 1837.. ••• .. •••••••••••••••••. •• • • •••• •• • • • • • • • . $70,185, 498 66 $1,211,566 25 $17 26 f20,519 41 J~nnary 1, 1838, to December 31, 1841.. .•. ..••••. .• . .••••• ...•.•. .•.. .. .. . ...•.. 67,283,444 08 264,502 94 3 93 9,964 20 January 1, 1842, to June 30, 1845 .••••• •••••••• •••••• ••••.•••••. ••• •••••• ••••••• 78,946,436 31 254,939 03 323 5, 892 71 July 1, 1845, to June 30, 1849.... •••• •• •••••••• •• • • ••••••••• •••••••••• •• • • ••• •• • . 110,564, 342 31 7, 719 11 06 3, 647 26 ~~~ ~: ~~: ~ ~:: ~: ~~:::::::::::::::::::::::::::::::::::::::::::::::::::: ~~~: i~~:f~ ~~ ;;r,·~~~ g: 110 5.1 July 1, 1tl57, to June 30, 1861. ••••••••••• •• •.• • ••• • ••• ••••••••••••• •••••.•• ••• ••• 184, 125, 082 85 38,776 03 21 July 1, 18tH, to June 30, 1865. ••. . •••• •••••••••.•• .• •• ••••••• •••••• •• •. . ••••••••. 305,360,453 61 31,261 99 10 ··· 356; 846: i37. 30· ··e423.-288 ·6o· ..... si ·is July 1, 1865, to June 30, 1869.. ••• ••. •••••• •••••• •••••• •••••• •••••• •••••• ••• ••••. 699,977,488 65 254,498 55 36 924, 698, 401 12 2, 126, 602 16 2 29 July 1, 1869, to June 30, 1873...... .•••••• ••• •••••• •••••• •••••••• •• .••••• •••••••. 805,268,591 96 20,935 15 02 572, 369, 401 lJS 826, 265 67 1 44 July 1, 1873, to June 30, 1875.... •••••• •••••• •••••••••••••••• •••••••••• ••••••• •• . 320,271,556 04 3, 407 28 01 212,417,278 48 283,195 63 1 33 1---------1-------- Total. . • • . • . • • • • • • • • . • • • . • • • • • • • • .. • • • • • • • • • • • . • • • .. • • • • • • • • • • • • • . . • • . . . • . 3, 082, 089, 093 98 !2, 434, 632 46 78 2, 066, 371, 242 46 3, 6.59, 352 06 1 77 January 1, 1834, to June 30, 1861............ •• • • • •• • • • ••• • • • • • • • • • • •• • •• • • • • • • • • ============: 951, 211, 003 72 1===========1=======11==== 2, 124, 529 49 2 23 40, 023 58 J nly 1, 1861, to .Tnne 30, 1875. • • • • • • • • • • • • • • • . • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 2, 130, 878, 090 26 310, 102 97 14 2, 066, 331, 218 88 • 3; 659; 352·00 · ••••••i ·77 .Receipts l{)BBell, and ratio of loss per $1 000 to aggregate of receipts-Continued ' ' ' lliscellimeous. Net total. Gross total. · Period. Reoeipte. LoMes. LoBS on Receipts. Lcssea. Less on Receipts.• Loss on $1,000. $1,000. LcBSes. $1,000. -- January 1, 1834, to December 31, 1837 •. $62, 796, 953 70 t172, 259 16 f2 74 $133, 002, 971 77 $1, 383, 825 41 - $10 40 $135, 995, 960 92 $1, 383, 825 41 $10 17 January 1. 1839, to December 31, 1841 •. 20, 832, 178 67 127,825 40 4 76 94,125,5 6 95 392,328 34 4 1ti 129, 948, 548 91 392,328 34 a 01 January 1, 1842, to June 30, 18~ _.•••.. 8, 545, 683 07 175,042 36 20 48 87, 498, 012 09 429,981 39 4 91 116, 736, 004 87 429,981 39 368 July 1, 1845, to June 30, 1849 .•• ••••••• • 12, 019, 158 04 10,390 tn 86 122,587, 147 61 18,109 98. 14 201,857,508 45 lil,l09 98 08 July 1, 1849, to June 30, 1853 ..••• .••••• 12, 624, 329 0 l 60,521 50 4 79 207, 581, 775 49 276,270 58 133 211, 908, 612 91 276,270 58 1 30 July 1, 1853, to June 30, 1857 .•••••••••. 37, 024, 174 86 81,724 73 2 20 282, t 72, 927 89 213,001 78 75 282,179, 829 56 213,001 78 75 July 1, 1857, to June 30, 186L ••••.•.•.. 12, 838, 290 35 155,227 80 12 09 196, 963, 373 20 194,003 83 98 312, 359, 679 56 194,003 83 62 July 1, 1861, to .Tune 30, 1665 .•• •.••••. 67, 251, 745 08 53,943 01 80 729, 458, 335 99 508, 49:~ 60 69 4, 670, 460, 137 61 508,493 60 10 July 1, 1865, to June 30, 1BG9 .• ••..••••• 91, 743, 064 44 181,621 19 1 97 1, 716, 4181954 21 2, 562, 721 90 1 49 4, 042, 316, 438 46 2, 562, 721 90 63 July 1, 1869, to J nne 30, 1873 .. : •••••••. 79, 624, 848 56 107,497 86 1 35 1, 457, 262, 842 50 954,698 68 65 2, 576, 645, 585 22 954,698 68 37 July 1, 1873, to June 30, 1875 ..•••.••••. 51, 273, 027 . 73 35,581 01 69 583, 961, 862 25 322,183 92 55 1, 420, 22'2, 898 62 322,183 93 22 To't al .•....•.......•..••..•...... 462, 573, 453 51 January 1, 1834, to June 30, 1861 ••••••. 172, 680,767 70 ----,--- ! 1, 161, 634 89 782,991 82 ---- 2 51 4 52 5, 611, 033, 789 95 ==-=- 7, 255,619 41 === ----= = = === 1, 123, 931, 795 00 2, 907,521 31 129 14, 100, 631, 205 09 2 58 1, 390, 986, 145 1.8 2, 907, 521 31 7, 255, 619 41 51 2 09 - 378, 643 07 July 1, 18611 to June 30, 1875 ••••••••••• 2ro, 89'2, 685 81 130 4, 487, 101, gg4 95 4, 348, 098 10 96 12, 709, 645, 0;)9 91 4, 348, 098 10 34 -- • Inaludes reoo1pts for loans. 1876. OONGREBSIONAL REOORD-SENATE. 4691 ----·~------------------------------~r-------------------------------------- NOTES TO THE FOREGOING TABLES. that those harbors essentially necessary for the protection of the gen- 1. In cases where the accounts of defaulting ·officers embrMed more than one eral commerce of the country should receive t he fostering care and period the losses, unless known to have occurred in other periods, have been charged protection of the General Government. But the bill goes furth er; to the periods in which the accounts were opened in this Department. In cases of the bill, both as it came from the House of Representatives and as it defaulting banks, however, for want of other information, the losses have been wa.s reported from the Senate Committee on Appropriations and has charged to the periods in which they are reported on the books, thoup;h doubtless been amended here, goes to the extent of appropriating money from in several instances t hey actually occUITed in previous periods. No losses of the latter kind, however, have been included unless known to have occurred within the public Treasury, not to works of improvement necessary and ad- the period covered by this statement. vantageous to the general commerce of the country, but it proposes a 2. No deductions have been made for amounts which may be collected hereafter, distribution, unequal it is true, of the public moneys of this country . though a large percentage of the recent losses will doubtless be yet recovered. 3. In prepa.rin" this statement the receipts and disbursements since J nne 30 1843, among the States of this Union for the purpose of cleaning out their have been classified by fiscal years as in the published official reports ; the losses rivers and creeks, many of them wholly internal, within the State, have in all cases been classified by calendar.years, it not being practicable to sepa. and over which the General Government has no control; rivers and rate the losses occurring in the fractional years of each period, but the periods creeks, too, that have no navigation and no commerce which Congress compared being of the same length the result is substantially correct. can regulate under the power contained in the Federal Constitution to Mr. MORTON. I ask my friends to state what good thing the regulate commerce. It appropriates money to clean out streams that democratic party had done or proposed to do in a quarter of a cen-· are not navigable and to make navigable mere branches or streams of tury, and my friend from Delaware referred to i~vestigations set on water that are now admitted not to be navigable for any kind of ves- foot by the House of Representatives which he said had developed sels and which have no commerce. I shall not specify any particular great frauds and corruption. I might ask the Senator what frauds work; but. I say that so far as the bill applies to that class of improve- on the Government of the United States have been developed thus ments it is in my opinion wrong in its provisions, and in my judgment far that he can name; what the Government has lost by any frauds we have no right to appropriate money for any such purpose. that have been proven before these investigating committees. We The argument of the Senator from Pennsylvania [.Mr. WALLACI~] are now sitting as judges upon a Cabinet officer, and in regard to his yesterday, which wa~ very clear and lur.id, showed conclusively, to case it is not proper for the Senator or for me to express auy opinion ; my mi.ild, that the appropriation of moneys out of the Treasury for but it is not even charged that so far a~ he was concerned the Gov- the purpose of originating navigation where none existed is unauthor- ernment lost anything by him; and now, in view of this very broad ized by the provision of the Constitution giving to Congress the power statement, the only saving clause he can possibly make for the demo- to regulate commerce, or by any other provision of that instrument. cratic party in twenty-five years, I a~k him to name the investigation If we go into that kind of improvement by the General Government, that shows that the Government ha~ lost anything by fra.ud that has where will be your limit1 If, for instance, Congress may take a been developed or practiced. I will give him the floor. stream, whether in North Carolina, or West Virginia, or Missouri, or Mr. SAJJLSBURY. The Senator from Delaware will answer after Delaware, or anywhere else, upon which there is no commerce, which the Senator from Indiana finishes his speech. is not navigable, which contains obstructions that have up to the Mr. MORTON. I offer my friend the floor. I want him to stn.te present time defied the ingenuity of man to overcome, and attempt to what single dollar it hn.s been shown that the Government has lost make them navigable and set commerce upon them, where is the limit by any of these frauds and corruptions which it is said have been de- to its power! If, I say, the Federal Government may, out of the veloped. I will give him the floor now to do it. public Treasury, go into any of these States and clean out rivers, dig Mr. SAULSBURY. The Senator from Delaware will take his own out channels, in other words, make mere branches and streams which time. are not navigable highways for commerce, where is the limit to the Mr. MORTON. Mr. President, I have already taken more time than power of the General Government in that behalf f If you can make I intended to do; but I run going to conclude by this question that an artificial highway in the bed of a rivulet merely because there is I propound to that Senator and to the whole country: Who can be water passing down it, may you not cut a canal across any elevated safely trusted with reform T- Reform is the normal business of every portion of your country! May you not connect the waters of the party at all times, and of every Congress. It is like the poor : the Pacific and the Atlantic by a canal, and make a highway for com- necessity for reform is n.lways present with us; and that party is merce where none existsf truly the reform party that carries it on quietly and steadily from Again, if you may conatruct one kind of artificial highway, I ask year to year, and not that party which breaks out now and then the question whether you may not make any kind of an artificial high- with spasmodic declarations in favor of reform, but which in all in- wav. If you may dig a c:tnal or if you may clean out an unnaviga- termediate periods practices corruption whenever it ha.s the ch.ance. ble~ stream and make it navigable by cutting a channel in it, by re- I ask what men or set of men can be best intrusted with this Gov- moving obstructions, and open it to the commerce of a State, then I ernment f I say they are the men who preserved this Union, who take it you may build railroads within the limits of a State, railroads put down the rebellion, who have preserved this Government, who for mere local improvement and only of local value. have preserved the credit of the country and are laboring to make it Now take np this bill and answer me this question, are there not perfect, who are determined to pay its debts and to maintain its good many of its provisions which propose to benefit certain localities name; the men who have amended the Constitution, who harVe abol- alone, and not to advance the general commerce of the countryf Sir, ished slavery, who have conferred equal rights upon men of every it is a stretch of the authority conferred by the Constitution when race, color, and condition. They a.:re the honest men to be intrusted you attempt by the exercise of the power of the Government, when with reform. I think we can trust them better than we can those you attempt by appropriations out of the public Treasury to advance men who come to us fresh from the rebellion, who come to us fresh the local interests of particular neighborhoods, and you are going a. from slavery; better than we can trust those hacks and humbugs grea.t way, in my opinion much further than the Constitution of this who have come down from twenty years of democratic misrule before country warrants in any such attempts. If you may promote local the war; better than w.e can trust the fngiti ves who have been kicked advantages by appropriations from the public Treasury to works of ont of the republican party for incapacity and fraud; better than we this character, I know of no limit whatever. I know the argument can trust the alumni of Tammany Hall. that has been repeated on this floor, and perhaps will be repeated Mr. SAULSBURY. Mr. President, I believe the pending question is again, that it is developing an undeveloped country, that it is adding the motion of the Senator from Ohio [Mr. THURl\IAN] to refer the river to the products of the country and bringing into market and into the and harbor bill to the Committee on Appropriations, with instructions general commerce of the country productions which otherwise would to limit the amount of appropriation to $4,000,000. I had intended be- not be brought in. In other words, that it facilitates the advantages fore the vote was taken on that motion to submit some remarks upon of neighborhoods and localities and adds to their productive industry, the bill and in favor of the motion of the Senator fron Ohio. I had and by that means adds to the general wealth of the country and to not intended to enter into any political discussion on this question. the commerce of the country. But test the logic of that argument. The Senator from Indiana, [Mr. MoRTON,] however, has seen proper in If that is a substantial reason why you may appropriat~ money out the conclusion of the remarks which he has just submitted t.o call of the public Treasury, then I ask may you not upon the same process upon me pere~nally to explain what losses to the Government have of reasoning appropriate money out of the Treasury to drain the been revealed by the investigations going on in the House of Repre- swamps and savannas of the Southern States, to cut canals and sentatives by reason of the action of the republican party, and per- ditches for the purpose of draining and reclaiming the lands that are haps before I close my remarks I may have something to say in an- now not arable, and by that means promote the general interests of swer to that interrogatory. I propose, however, at the outset to con- the country by developing the resources of the country, developing fine myself to the consideration of the bill under discussion, intending the productive capacity of certam .Localities whereby they may con- that the remarks which I ma.ke shall be in favor of the motion of the tribute to the general products of .the country and thereby incident- Senator from Ohio to recommit that bill with instructions to report ally benefit the commerce of the countryf an amount not exceeding $4,000,000 for rivers and harbors. We ought to pause before wo take such :1 wide departure, we ought Now, sir, what are the provisions of this bill f Let us look a.t it aa to look to what consequences such a doctrine may lead; for I confess it lies on our tables. It proposes to appropriate money to the im- standing here in my place that if the doctrines of this bill, which are provement of rivers and harbors of national importance, appropria- no worse than former bills of the kind, are to prevail, if the public tions necessary and proper for the protection and benefit of the gen- money of the country is to be taken from the Treasury and appro- eral commerce of the whole country, and, in so far as the bill proposes priated to works whol1y local in their interest and to the improve- to make appropriations to objects of that character, it is in harmony ment of streams that are not navigable, I know no limit to the power with the usages of the Government, I believe, from the foundation of of Congress; and if a majority of the Senate should represent neigh- the Republic, and I have no objection to make, therefore, to that por- borhoods Lhat might need canals or ditches cut for the Plll'J?OSe o:f tion of the bill. It is, I believe, the general sentiment of the country their reclamation and development, they would have the. same autl:J.,or- 4692 . OONGRESSION AL RECORD-SEN A'TE. JULY 18, ity to vote money to such objects, because the same argument that ment. The fact is that our views in reference to the taxing powers sustains the one would snstain the other; that is, the argument that of this Government, I am fearful, are becoming entirely too undefined. it develops the country and furnishes a means for the increased pl'o- The Government has the right to tax the people of this country for dnct.ion of the country and thereby the inci~ental enlargement of the legitimate purposes of government; but we are fast lapsing into the commerce of the country. I have no objection to any of these that condition when we rely upon the taxing powers of the Govern- local interests; I should be glad to see them promoted; but I want ment for every purpose and believe that power unlimited. Now, sir, to see them promoted in a proper way; I want to see them promot- as a citizen of the Government I am bound to yield my just share and ed by the States and by the localities in which they lie. I do not proportion of the expenses of the protection which tha+. Government believe that evt'ry neighborhood that has a little stream running gives me; but the Government is bound and we as Senators are bound through it should come to Congress and ask for an appropriation of to see that the power of taxation is not improperly exercised, but that money that the obstruction may be cleaned out and navigation made it is kept within the proper limits. We should be careful to do noth- where nature never designed that there should be navigation. ingthat wouldnecessitate the exercise of the taxing power improperly. I shall not go through the details of this bill for the purpose of We should make no appropriations of money which will devolve on pointing out and making invidious distinct.ions between the differ- Congress the duty and necessity of exercising the taxing power in ent items of appropriation here. My purpose is answered when I say any greater respect than is absolutely necessary for the proper ad- that the bill as it came from the Honse and as it is now before the ministration of government and the maintaining of the honor and Senate contains appropriations of that character for which I cannot, dignity of the Government and the happint>.ss of the people. with a due regard to the Constitution of the country and a just re- If we keep on with these wild, extravagant expenditures, there gard for the interest of the people, vote. I am perfectly willing that must be at leaat the present maximum of taxation kept up and per- all appropriations to proper objects should be made, and I am there- haps largely increased. . The people of this country want to be re- fore in favor of referring this bill back to the committee that they lieved from oppressive burdens. They have felt for years that the may eliruina,t e from it those matters which are objectionable, and put burdens of government were pressing heavily upon them, but they it in such shape as will enhance and promote the general interests of have nobly responded to the demanilii of the Government; but that the commerce of the country, and wipe from it everything which pro- response is felt to be oppressive all over this country; the people are poses simply the advantage of the local interests of neighborhoods. becoming poor, and you find throughout every portion of this coun- But, Mr. President, suppose we have the power; suppose there was try, now that bankruptcies are occurring, that real estate is depreci- authority under the Constitution of the country for Congress to put ated, that men are out of employment because capitalists have been its hands in the Treasury and take therefrom money and appropri- unable to carry on their business. Scarcely any people on the face ate it to every object named in this bill, then I ask would it be right, "Of the earth have had such a strain upon them as the A.merican would it be proper, would it be expedient in the present condition people in the last ten or fifteen years. I do not know the e~act and circumstances of the country to do so f Let us look for a ·moment amount that has been collected from the people of this country, but at our condition. Your revenues have fallen off. That is not denied I will venture the remark that there has been upon the average not in any quarter of this House. You have a large public debt the in- less than $400,000,000 for the last fifteen years, which would aggre- terest of which must be paid. The honor of the Government is pledged gate $6,000,000,000 that has been collected from the American people. to it ; and I apprehend that there is not a Senator on this floor who During the present Administration it will average more than $300,- would be willing to see the period arrive in the history of this country 000,000 which has been collected from the people and placed in your when the revenues of this Government should not be sufficient to Treasury; and I say again, and I repeat it with emphasis, that no meet, and promptly to meet, the plighted faith of the Government. people on the face of the earth can stand such a drain upon their re- It makes no difference what may be our views as to the propriety of sources. the creation of that debt; it may make no duf'erence what may be There are comparatively very few men who have more than what our views of that policy which placed our debt in foreign countries is absolutely necessary for the support of themselves and their fami- and extracts from the people of this country $100,000,000 in gold to lies, and yet they have been compelled to contribute to the expenses pay to foreign capitalists; it makes no difference what may be oor of the Government. They have felt that they were bound to uphold views in reference to the extrangance which created the public debt in part the honor and dignity of the country, and they have not com· as it exists; it makes no difference what may be our view in refer- plained; but the wolf is at their door now; men ~re becoming poor ence, I had almost said, to the stealings that are incorporated in the everywhere. Take up the papers in any county almost, in any State public debt; it is the public debt of the country and is binding on of this Union, and you will find the advertisements of the sheriff or auc- the country. Every man on this :floor I trust feels sufficient interest tioneer of forced sales and men who are being sold out. I know that in the honor and dignity of this country to provide promptly for the is 1he case in my own State, and I believe ·t o-day we are in better con- extinguishment of the interest of that debt as it falls due and the ul- dition than almost any State in this Union, simply because in the timate extinguishment of the principal of the debt as soon as the busi- management of our State affairs we have been exceedingly economi- ne.ss interests of the country will justify it. Therefore I say our first cal and prudent; and yet the people are becoming poor because of duty is to maintain inviolate the plighted honor and faith of the this continual drain on their resources. We ought, therefore, I say Government and uphold its credit, whether we approve of the man- again, to be careful how we appropriate the money in the Treasury ner in which that credit was transferred to foreign capitalists or not, which has been placed there by taxation of the people, and which and we should not by unwise appropriations frit away the public must be replaced, if we take it out of the Treasury and improperly money and lessen the ability of tho Government to meet its obliga- apply it, by additional taxation. tions. Looking away now from individual interests, looking at the coun- Well, sir, you have other debts tha~ must be paid. You have a try as a whole, I say that we are not in a condition to expend money for pension 'debt of near $30,000,000. You have pledged the country to these purposes at the present time, at any rate to expend it so lav- pay that debt, and many persons are now living upon the bounty of ishly as is proposed by this bill. It is true that judging by one state- the Government for whose support you are pledged to provide, the ment of facts the country would seem to be prosperous. I believe wives and children of men who fell in the war. We are pledged to that our exports exceeded our importations and that the b:1.lance of pay to them the dues which the Government promised to the soldier trade was slightly in our favor during the last fiscal year, perhaps if he lived and promised to his wife and children if he died. I do not from sixty to seventy million dollars in our favor. Bot that does not want to endanger that fond in any particular. While I have no doubt show our real condition. Suppose the balance of trade is in our favor that many frauds have been committed upon the pension fund, while slightly; suppose it is even $70,000,000; we are still debtors because we I have no donbt that there are a large number of persons now pen- have the interest to pay in foreign countries on the national debt sioned by the Government who ought never to receive pensions be- and upon municipal bonds and corporation and State bonds held cause th~y are not entitled to them under any law of the land, (and I abroad. We have an amount of not less, I apprehend, than 125,000,000 am justified in that remark because I have understood that a former to pay annually in interest abroad so that your $70,000,000 would be Commissioner of Pensions declared that a large percentage of the pen- unequal to your interest account abroad and leave you minus soma sion claims upon the Government were fraudulent,) yet while we have $50,000,000. My friend from Connecticut [Mr. EATO~] says our interest the pension list to provide for, I want to see no part of the revenues accountabroadis$200,000,000. Ifthatisthecasedoesitnotdemonstrate of 1·his country improperly dh·erted to other subjects so as to endanger that as a whole we are becoming poorer f To illustrate. Suppose for that responsibility which rests upon the Government. Your revenues instance upon my farm I raise a thousand dollars' worth of wbeat are pledged to other objects and are falling off, and you are not in a or other products to sell, and it requires $900 to meet the ordinary condition to-day to engage in this wholesale business of improvement wants of my family. I have $100 surplus left. If I am clear of deht throughout the whole length and breadth of this land of the character the small surplus would be a slight addition to my capital; but if which I have described. upon my farm I owe a mortgage of $5,000, the interest of which ifl It is not only the condition of the Government in reference to its $300, my $100 of surplus would only pay one-third part of my inter· revenues that forbids this wild appropriation of money, but the actual est, and thus my indebtedness is becoming increased, I am daily be- condition of the country forbids it. I am aware that the Government coming poorer and poorer; and that is just the condition of this coun- has but to exert its power and it can call in from the people by tax- try. While the balance of trade may be slightly in our favor it is ation enoup;h means to maintain its honor and credit even if you ap- wholly insufficient to meet the interest which we have to pa.y abroad, propriate this money. I know that by the exertion of the taxing and we are becoming aa a country poorer and poorer every day. It power the Government may be in receipt of additional revenues and is not in a condition to have any additional burden laid upon it which may take from the people of this country thaL which they actually can be properly dispensed with. need for their support and may put it in the Treasury: but I am With the thermometer at 86° while I speak I do not propose to tres- not in favor of such an exertion of the taxing power of this Govern- .pass long on the time of the Senate, but for these reasons assigned • 1876. CONGRESSIONAL RECORD-SENATE. 4693 and others not mentioned I am in favor of a recommittal of this bill their promise; but it is not redeemed. Your greenbacks are at a dis so that the Committee on .Appropriations, with a proper regard to the count still and will ever remain at a discount until democratic policy condition of the country, with a proper regard to the revenues of the shall give the country a currency based upon gold and silver and country~ and with a proper regard to the interests of commerce, may bring np your greenbacks from their · depreciated comlition to an re-adjwt it and eliminate all these matters which are improper to be equality in marketable value with coin. placed in this bill. I am in favor, a..s a general rule, of economy, and Mr. SHERMAN. If the Senator were to say that in Ohio, the I am especially in favor of economy at this time, when I know, and democrats there would set him down as the worst kind of a black re- you know,sir, that all over this country from one end of it to the other publican. [Laughter.] there is a demand for retrenchment and for reform. Mr. SAULSBURY. I am afraid there are a good many things Yesterday the honorable Senator from Indiana [Mr. MORTON] and wrong in the State of Ohio. I should very much regret to have to- the honorable Senator from Illinois [Mr. LOGAN] saw proper in their part company with my friend, the honorable chairman of the Finance criticisms on this bill to refer to it as a politicaljob, as 50t np for polit- Committee, bnt if the public sentiment of the people of Ohio wa-s ical purpose.-., dispensingwith that profesaedeconomy which the House right I am very snre he would be serving his last term in the Senate. of Representatives had attempted to practice. Well, sir, I do not ap- Mr. SHERMAN. I believe I read this morning in a newspaper a prove of the House bill. I think the Honse bill a mistake in provid- speech made by perhaps the ablest democrat in the State, a campaign ing for some of the improyement..s to which I have referred. The speech, in which he denounced the republican party for 1ts attempt to House made a mistake in the amount of the appropriations, which I resume specie payments a.~ a great crime against civilization; de- do not believe nnder existing circumstances ought to have exceeded nounced its efforts to bring about the resumption of specie payments two and a half millions or three millions of dollars. Bnt, sir, that as ijle most undemocratic measure it has adopted in the life-time of bill is not liable to the criticism of the Senator from Illinois and the the party. Senator from Indiana, because as it came from the House to the Sen- Mr. SAULSBURY. .And I think the criticism was perfectly right. ate it was a reduction of expenditures; it provided for a less appro- I think that orator, be he who he may, knew full well that the Sen- priation than the bill of last year of something near a million dollars; ator from Ohio and his party when they passed the bill declaring and to that extent it waa in the line of economy. I am only sorry that they would resume in 1879 knew at the time that they would that it did not go to a greater extent. I know how difficult it is for not be able to do it. He knew that it was thrown out as "a tub to the committees of either House of Congr688 to confine appropriations the whale;" that there was no sincerity .in his party when they de- within proper and legitimate limits; I know the importnnities that clared that they intended to resume spe01e payments; he knew they are made to the committees by members representing the various States were impotent to do it; he knew that they ha-d accumulated a large of t.his Union for appropriations for their States. The work is not an public debt which required all the gold that could be obtained in the easy one for the Committee on .Appropriations or the Committee on country to pay the interest on that debt, and he knew full well that Commerce having charge of the bill to resist the importunities of Sen- that was not an honest declaration on the part of the republicans, ators and Representatives to do something for the interests of their but was a bridging over a scheme of a republican Congress to pre- . States. The bill, however, as it came from the House appropriated vent a disruption on the currency question. Hence when that gen- less money by near ~ lJlillion dolln.rs than the bill as it now stands, tleman denounced their bill in favor of resumption, he did it because and was a better bill than it is at present, but we ought, in my opin- he knew that it wa-s not the honest purpose of the party to resume ion not to hesitate to refer this bill back to the committee that it may and that they were wholly impot.e nt for it. Now, sir, the democratic be properly revised. party do me:1.n to resume; but they do not mean to disrupt the busi- Mr. President, this is about all that I intended to say on·this sub- ness of this country; they do not mean by a violent shock to the busi- ject; but I have a word or two in reply to the interrogatory submit- ness interests of the country to bring it back in a day, and undo in ted to me by the Senator from Inqiana. That Senator inquires what a day all the evil which the republican party has done in fifteen good the democratic party has done. Why, sir, I need not answer years. But we pledge the country and we pledge the Senator from the question. The history of this country discloses what the demo- Ohio that when we come into power we will take measures looking cratic party has done. The fathers of that party took hold of your to resStmption at the proper time by the proper means, and will give Government in its very infancy; and their first act was to wipe from assurance to the conntry that at no very distant day, and just as soon as the statute-books of this country the alien and sedition laws that had we can undo the evils which have been done by the republican party, disgraced your legislation. They took hold of your country when it the currency shall be restored to a sound basis. was only thirteen ,small colonie~ and added the vast domain of the Now, Mr. President, I have stated some of the things which the West to your territory. It reached forth its hand and took in "the democratic party has done, and I will tell the Senator from Indiana lone star" of my friend from Texas. It extended its jurisdiction and some other things which it has done. It has not been in power for brought into your country the Californias, with all their rich mines the last fifteen years until fortunately it obtained the control of the of gold and silver. It extended yonr area from a small strip of conn- House of Representatives at the present session of Congress, but the try on the Atlantic seaboard and has given a sea-coast of one thou- democratic party has been in existence in all that time. We have sand miles upon the shores of the Pacific. Then, sir, the democratic been here and in the other House and in the States of this Union party took hold of your currency when it was at a discount, when it protesting against your violations of the Constitution and holding consisted of the notes of wild-cat banks and of a national bank, and up that instrument before you and a-sking you to have respect for it. when that national bank was attempting to measure arms with the We have at la.st by awa.kening public opinion compelled you to pay Government of the country it took hold of that institution and ex- some respect to that Constitution which for years you seemed to dis- posed its rottenness and corruption, and it gave yon a democratic regard and trample in the dust. I have read somewhere of the man currency of gold and silver. Comparatively few men in the country who when his friend fell upon the battle-field bent over his body and had ever seen a piece of gold coin until the democratic party of the defended it from the indignities of the foe. It reminds me of the country came into power and gave you, under the lead of Jackson democratic party that during these past years when the Constitution and Benton, gold and silver and made your currency convertible of the country was stricken down stood over that Constitution and therein. It is too late for the Senator from Indiana to inquire now preserved it in some respeQt from the desecration of the men who were about what the democratic ~.q,rty has done. It paid off your national trampling it in the dust, until it has come forth again to have some debt during the administrat: )D of General Jackson; and I venture, at measure of respect on the other side of this Chamber. the suggestion of the Senator from Connecticut, to say that, if the na- Now, sir, I repeat what I said to the Senator from Indiana when I tional debt that you have created shall ever be paid, it will be paid say that in the other House of Congr688, if I may refer to the other under the auspices of democratic policy. The country has come to House, investigations have been going on w~ich have exposed cor- believe that the wasteful extravagance of the republican party, un- ruptions, which have exposed loose and wasteful administration of less reversed, will render it impossible to pay any large proportiOn of the Government. The Senator asked me what had been loose or had the public debt of this country, and are looking to the democracy to been discovered to have been loose by any of those committees. I 3ave the country from the ruin which republicanism baa brought will answer that question. I say in reply to the inquiry what have upon it. the investigations shown to have been lost by the General Govern- I know that during the administration of the Senator from Ma..ssa- ment, that the investigations show that men of influence in this Ad- chusetts in the Treasury Department there was· some reduction of the ministration have been speculating upon their influence, upon Navy public debt, but how f You had enormous taxation upon the coun- contracts, upon .Army contracts, upon contracts for supplies to the try; you drained the people of their resources; you were impover- ·Indians, and the Government has had to pay increased prices which ishing the country and placing its resources in the public Treasury; have been charged in the contract. One firm-I do not wish to men- and then a very unwise policy-[ speak it with all dne deference to tion names-acknowledges that in reference to Navy contracts they ~he ~enator-was instituted of taking the surplus revenue and apply- have made $300,000. Sir, you will find out when the reports of these rug 1t so as to enhance the value of the bonds of the Government in committees come in what they reveal. I shall not anticipate them. I the hands of the foreign holders, which should have been applied to mention that single instance in response to the inquiry of the Sen- re?eeming the promise of the Government to pay its greenbacks in ator from Indiana. com. Sir, I repeat again that there never was in the history of this coun- Sir, your republican party haa been wholly inefficient and incom- try, I had almost said in the history of any civilized country on the petent to manage the interests of this country. Here stands to-day face of the earth, a looser-and I use a mild term when I say your greenback at a discount, notwithstanding yonr solemn promise "looser"-administration of public affairs than has existed in the m 18G9 that it should be redeemed in coin. Oft.en have I beard the last eight years, and the people of the country are waking up to the chairman of the Finance Committee hold np that resolution to his fact. The people have felt the oppresl'lion and are demanding relief.. brother-Senators on the republican side and call upon them to redeem You may oppr~sa the American people to a certain extent, but wheu. • 4694 CONGRESSIONAL RECORD-SENATE. JULY 18, their burdens become too oppressive and grievous they will cry out. Let me tell my friend when our Nehemiah comes in on the 4th of Mr. EllERMAN. Will my friend allow me f I really do wish now March, and the flemocrats have the power in the House and in the that he would reply in specific terms to the question of the honorable Senate, we intend to call upon plunderers everywhere to disgor~e Senator fi·om Indiana. If there is any corruption in the country let their ill-gotten gains, and to place them back in the Treasury, or m us know what it is, who committed it; give us the facts and circum- the conscience fnnd, if you please. stances, and I will ex~tmine for myself to find out who are guilty and Mr. WINDOM. If I do not trouble my friend from Delaware-- who are responsible. If some Army or Navy contractor has che:tted Mr. SAULSBURY. Not at all. the Government to the amount of $300,000, I should; like to know who Mr. WINDOM. I should like to ask him whether I am to find the he is, and I should like to know with whom he combined; and if there names of those thieves disclosed by these investigating committees is any wrong I willjointheSenatoranddiscloseitandexposeit. Let anywhere else than in the book of Nehemiah 1 If so, please infonn him give us the parti~ulanJ. · me in what report and ~ive the names. Mr. SAULSBURY. The Senator is not a novice in the h:iRtory of Mr. SAULSBURY. He wi11 find in the reporta of the committees thjs country; he is not a novice in the history of his own party; and that I referred to. He will find that Navy contracts have been given l utter what I have no doubt is true when I express the belief that out, if not corruptly yet. under a loose administration, whereby the he himself as chaiJ:man of theFinauce Commitee has protested against Government has been robbed, and he will find that vessel-knees which some of the doings of his party privately in the ears of men of au- cost in my own State only $9 to the contractor were taken to New thority. It is not for me t.o point out all the individual robberies thn.t York a.nd Philadelphia and paid for by the Government at twenty- have taken place. Why, sir, I could point to numerous cases. Does seven or eight dollars per knee. He will :find that men have sold their he remember the Paymaster Hodge ' That was a defalcation, they influence to obtain contracts. say; but why were the men placed in power that :were suff<3red to ~Ir. WINDOM. Will the honorable Senator now give us the name f default and rob the Government f Why were the whisky men, McKee Evidently he is gettin(J' very close to something. and others, suffered to run the whisky business in Saint Louis f Mr. SAULSBURY. '1: refer him to the House record, to the reports Mr. WINDOM. Will the Senator allow me to ask him a question f of the committees. I am not here to deal in personalities. I speak Mr. SAULSBURY. I n.m speaking t.o the Senator from Ohio. Let of your pa.rty. I eschew that vulgar partisanship which attempts to me get through with him. deal with private individuals; but I deal with your party. I say 1\Ir. SHERMAN. We have got the case of Major Hodge and the that from the crown of its head to the sole of its foot, judging by its case of McKee. I want to know what othe1· cases there are of gross acts during the last eight years, it is nothing but bruises and pntri- fraud and corruption in which the republican party h.as been impli- fying sores. cated, and I really desire to have the fullest infonnation. The gen- Mr. WINDOM. That is very general. Cannot the Senator descend tleman b~ hafl the benefit of about fifty-five investigating commit- to particulars a little more than thatf tees. Now let us have the names and details, the nature of the case, Mr. SAULSBURY. I do not choose to answer the Senator's ques- exactly the extent of our offending, and I think when the matter is tions. I refer him again to the reports of the committees, wherein examined into a maJority of them will be fonnd to be on the other be will :find revealed the loose n.dministration of public affairs and side. the corruptions that are cropping out in every department of this Mr. SAULSBURY. Mr. President, I am not to be diverted from my Government. Was there no corruption, I will ask my friend, in the own line of thought by the ingenuity of the Senator from Ohio or squandering of $3,000,000 by the Department of Justice in employing the Senator from Minnesota, who desires to be heard upon this ques- agents, deputy marshals, and marshals to go down through Alabama, tion. thr:ough Mississippi, through all the Southern States to intimidate Mr. WINDOM. Will not the Senator allow me to make-- the people, spending the public money for political purposes to deter Mr. SAULSBURY. But a few days ago when I was in Saint Louis men from going to the election and voting the democratic tickot f a gentleman kindly invited me to take a ride with him after the la- Why, sir, when the facts of your 'administration become fully re- bors of that memorable convention were over which gave hope and vealed the people of this country will be astonished and indignant. promise to this conn try. I took the ride, and among the other points Mr. WINDOM. What I desire is to be astonished now, if the Sen- of the city he said, "I want to show you our jail." I went there and ator will only reveal what those frauds discovered are. I saw by accident these men, McKee and others. While the sympa- Mr. SAULSBURY. Well, there some who are so blind that they thies of my nature always preponderate even for the criJninal in the will not see. · If my honomble friend will only look into the history dock, and I have never seen one sentenced to the punishment of death of his own party; if in fact he would divulge what he hiJnself but what I felt commiseration for the nnfortunate criminal, yet I knows, he would not only a.'!tonish me but he would astonish the felt not the pang of regret that these public plnnderers who had rob- whole country, for I have no doubt that my good honest friend has bed the Government of its revenue had been ferreted out by .an hon- been inquiring into these wrongs and has tried in his way to help est Secretary of the Treasury and prosecuted until they fonnd their correct them. lodgement in the jail at Saint Louis; n,nd now I want to ask my friend Mr. WINDOM. Mr. President-- from Ohio why-- The PRESIDING OFFICER. Does the Senator yield further f Mr. WINDOM rose. Mr. SAULSBURY. No, sir. · The PRESIDING OFFICER. Does the Senator from Delaware The PRESIDING OFFICER. The Senator from Delaware declines yield Y to yield. The Senator from Delaware will proceed. Mr. SAULSBURY. Not at present; I will be courteous to my Mr. SAULSBURY. Mr. President, I did not intend to be betrayed friend. into this line of remark. I do not think I should have uttered a word Mr. WINDOM. I thought the Senator from Delaware was through political in its character except for the interrogatory specially ad- with the Senator from Ohio, and might allow me to put a question. dressed to me by the Senator from Indiana. He never rises in his Mr. SAULSBURY. I ask why Mr. Dyer, why Secretary Bristow, place but what he attacks the democratic party; and we are com- why Mr. Henderson, why Postmaster-General Jewell have been sum- pelled always.when we say anything in defense of the democratic marily dismissed f Ah, do not tell, gentleme·n, for you would be re- party or retn.liate at all on the republican party to refer to the Sena- vealing party secrets. My friend [Senator EATON] reminds me of my tor from Indiana. It might be supposed, if we did not know better, venerable friend Pratt, who I believe to be a perfectly honest man. that he was the only man in the republican party, because be never In the Internal Revenue Bureau my friend Pratt is no more. He ha.a suffers any Senator to make a speech on this side of the Chamber gone the way of the Secretary of the Treasury, of the Postmaster-Gen- which he thinks is doing damage to the republican party but what eral, of Henderson, and of Dyer, and I do not call upon my friends to he deems it his mission to rise and correct the statements and, if he tell the reason why, for it might be revealing state secrE'ts. can, to furnish the antidote ; and hence none of us can mn.ke a speech Mr. WINDOM. Has not my time arrived when I can get a ques- on this side of the Chamber but we are compelled to reply to the Sena- tion to the Senator ! · tor from Indiana. I should be very glad to hear from other gentlemen. Mr. SAULSBURY. I will yield to my friend from Minnesota now. There are men of great ability on the other side of the Chamber, men Mr. WINDOM. My purpose in rising a moment ago was to appeal whom I should be glad to hear from occasionally; but the whole mo- to my friend from Delaware not to permit his courtesy to those whom nopoly of party management on this floor on the republican side seems he callen thieves to prevent his giving us the names of those exposed to be taken by the Senator from Indiana except as it is contested occa- by the House of Representatives. We hear a great deal of "this sionally by my worthy friend the Senator from Illinois. corruption" in general terms. We have heard a great deal to-day. I now yield the floor, :1pologizing to the Senate for the time I have Now I heg my friend that he will not allow his regard for thieves, as taken and for the line of remark in which I have been compelled to he calls them, to prevent our having their names. indulge in reply to questions directed to me personally by the Sena- Mr. SAULSBURY. My honorable friend will have acceBS to the tor from Indiana. reports, and I commend them to him as good reading for every Mr. MERRIMON. Mr. President, I wish that the Senator from In- day in the week except the Sabbath, and on the Sabbath day I diana in his animadversion upon what I submitted to the Senate this would ask him to read some of the chapters of Nehemiah, where he morning had gone into the facts and made arguments tO disprove will find a perfect illustration of the oppressions which this republi- the points which I made. I regret exeeedingly that he saw fit to can party has brought upon the country. He will find there that pursue a line of argument which seems to be common witl1 him on when Nehemiah went up to rebuild the walls of Jerusalem, after he all occa-sions. He makes an ad lwminent argument. He says I lived bad become reinstated, the people cried out and complained to him in one of the Southe.rn States during the war, and that I participated of the oppression which their rulers had placed around them, and he jn and was committeu to that war and am responsible in some mea-s- palled the rulers before him and compelled them to disgorge and de- ure for all its errors, and then he goes on in a long speech declaiming liver ba.c~ th.e JDOrtgaged prQperty to those who had been oppressed . against the war and ita desolations and crimes and the causes that 1876. CONGRESSIONAL RECORD-SENATE. 4695 gave rise to it, &c. I submit to the Senate and country that that is of northern people have for southern people. I shall not make any not the way to answer argument. He seems to know and feel that such false pretensions as to say that I love and admire any portion it puts gentlemen in my position at a disadvantage when he can cite of the northern people because they happened to kill some of my peo- the war on us. If he had been where I was, I suspect his record would ple or helped to desolate my country. That would be unnatural have been very different from what it is. I deplored the war; I did and false. If I hear a southern man say that he does, I hear hirn say all that I could to avert it; and when it came, against my judgment what is unnatural and false. I do not believe him. If I hear a. and against my wishes, I went with my State, my people, and kin- northern man make such professions, I hear him say what is unnatural dred. I did all tha.t I could to mitig3.te its horrors. I aided in main- and false, and I do not believe him. But it is perfectly natural abd taining law and order till the people made the grand struggle which proper for men who have been enemies to have profound respect for resulted so disastrously. Since the war I have done all in my feeble each other. So it is between the northern soldiery and the southern power to restore the Union, to restore good-will and feeling between soldiery. So it is between the patriotic southern mn.n and the patr-i- the people of the North and the people of the South. I desire to see otic northern man. Patriotic men at the North and patriotic women the Union restored, not in name, but in spirit. I have no war to at the North have respect for patriotic men and women at the South, ma.ke upon the northern people. I regret that there are any north- and so patriotie men and women at the South have all proper respect ern gentlemen who are unfriendly to the southern people. I wish for the northern people. They can live together as one people, they that the spirit of antipathy, dislike, and hate could be blotted out can restore the Union; they can restore its cordiality, they can re- forever, and that we could see nothing but a national spirit every- store its integrity, they can restore its prosperity; and out of the where as cordial as it wa-s at any period since the beginning of the desolations and sorrows of the p88t they may yet draw a measure of Government. comfort, and together they may increase the power and glory of our I have an interest in the Union. My ancestors helped to establish common cotmtry to a degree that no one haa yet ever dreamed of. I it by their blood and such treasure as they had. I am attached to the trust in God that that day is not very distant. Union. I expect to stand by it, to live in it, and to die in it. I hope Therefore I say it is ungenerous and unjust, it so seems to me, and to live to see a I'IOrdial state of feeling prevail from the lakes on the I do not mean to be offensive, on the part of the Senator from Indi- north to the Gulf on the south, and from the Atlantic coast to the ana, whenever he engages in a debate with some Senator from the Pacific, when we shall be one people in name and one people in spirit. South, to brandish the war at him forthwith as though that proved No good comes of talking and declaiming about the dead past. Why anything. I admit that there was crime during the war. Who ever should the Senator want always to array the northern people against expecied a civil war without crime, crime on one side and crime on the southern people, and why should any unpatriotic southern man the other side, crime that good men deplored and condemned f I want to array the southern people against the northern people f I know crimes were committed in the South at which I stood horrified can see no just or patriotic reason for such a course of a.ction here or and shuddered. I have no doubt that Senators on the other side elsewhere. I have no gushing professions of admiration or love t{) know of· crimes perpetrated on the sid~ of the North at which they make. We know that we have passed through a terrible civil war- stood horrified and shuddered. Are the good people of this land in one that produced tragic and awful results. I wish they could be the North or in the South to be responsible for that! They deplore forgotten, but now that the war is over-- it, I deplore it, and every good ma.n deplores it; but let the dead pa-st Mr. HARVEY. Will the Senator from North Carolina permit me bury its dead. Let us forget the past as nearly as we can, only profit- to ask him whether in his speech this morninJ:r he did not arraign ing by the sorrows and desolations that happened to us. Let us go the republican party for preserving the country by force f forward to restore the Union, to make the most we can out of our Mr. MERRIMON. I did not do any such thing. lost fortunes. Let the patriotic northern men come and help us to Mr. HARVEY. I think the RECORD will show it. revive our impaired and ruined fortunes in the South and help to Mr. MERRIMON. There is the REcoRD. There it will stand. I build us up. I believe that is the true policy. When that policy say the republican party could have a.ccomplished all it did inside of comes to prevail, a-a I trust it will before a great while, you will find the Constitution. They might have maintained the Union, they men of little souls who have managed by one means or another to might have sustained and vindicated the Uuion through the Ameri- get into place go out of place and go out of the sight of a patriotic can people, under the Constitution, and by a different line of policy people to be heard of no more. and action, and they might have restored the South to the Union The honorable Senator was plea.sed to allude to the manner of my and the Union in a different and more satisfactory way to the whole election to the Senate as though that bore the weight of a feather country. upon the issue between him and me. I submit whether that was Mr. HARVEY. Will the Senator permit me to interrupt him ngain Y proper or a fair or gallant way to debate a question. I do not think so. Mr..MERRIMON. 0 yes, sir. Mr. MORTON. The Senator spoke of it before I did. Mr. HARVEY. Do we understand the Senat-or to say that the use Mr. MERRIMON. . No, sir. of force for the preservation of the Union was unconstitutional t Mr. MORTON. 0, yes; the Senator spoke of it before I did in reply His argument is certainly subject to that interpretation. to a question of the Senator from lllinois, [Mr. LOGAN.] Mr. MERRIMON. I will not go into that argument. I think it is Mr. MERRIMON. Somebody mentioned it; I beg the Senator's par- rather discourteous for a Senator, when he sees another pursuing a don. I cannot conceive that th~t changes my status here. We all particular line of argument, to undertake to divert him from it by know that we have a half dozen. excellent gentlemen on this floor, I questions which can scarcely be called pertinent. I want to see this believe mOit of them on the republican side, who were elected by Union restored. It belongs to me in part. As I said a moment ago, republican ~nd democratic votes. Are they on that account any less my ancestors helped to establiah it. I am here and I mean to stay republicans f Does anybody suppose that they compromised their here. I have no quarrel with the northerR people or with the north- honor or principles by accepting an election by a combination of re- ern soldiery who maintained the Union. I have no quarrel to make publican and democratic votesf Somo of the most illustrious men with them. I feel this day that I have an interest in the Army as who ever graced this Hall were elected by a combination of this kind. as much as the honorable Senator from Illinois [Mr. LOGAN] or the I might mention a dozen cases. I believe I may refer to the case of Senator from New York, [Mr. CoNKLING.] It is my Army, and I ex- the late Mr. Sumner, who at one time was elected by a combination pect to maintain and defend it wherever it shall be necessary to do of democrats and free-soilers. True, indeed, I was elected by a combi- so. I expect to maintain and defend the honor of this country, not nation of democrots and republicans; but I did not sell my conscience, only here, but on every place on the earth where I shall have occasion I did not sell my principles. The republicans had faith in me; they l~hiuk believed that I was the friend of this country, that I was tho friend to .i t is unp,.,triotic and.wrong to be forever waving the war, of the Union, and that I would st.and by it and see justice done them with it.s tragic events, its sorrows and desolatio:as, in the face of and justice done the country; and so I will. No republican in my southern men who hay-e come here in pursuance of the action of the State has ever been dealt with in his rights here as a constituent of republican party itself. I think it is ungenerous in any Senator or mine otherwise than as a democrat since I have occupied a place in any one to want to see southern gentlemen come here and fall down this Chamber. I have not known party at all in the discharge of my and worship a party instead of honoring and defending their coun- duty to my constituents here. I am as free as any Senator on this try. I do not int-end to do that thing. While I am here I intend to floor. If I were not, I would scorn myself and abandon my place stand here having and exercising equal rights with any Senator on here and bide my head forever. No, sir; I am a freeniJ.n; I am a this floor, and when I cannot have and exerciSe them I will go out Senator in contemplation of law in every respect, and so I will be of the Senate. I say furthermore that if I and gentlemen situated until my term shall expire. like myself are not to be permitted to speak here freely, if we are not I repeat, that tha.t syst.em of argumentation is unfair and unjust. to be allowed to discU88 economic questions here, all questions of legis- I wonder th:\t the honorable Senator pursues it for one moment; it lation, the sooner the majority turn us out and let the world know it certainly proves nothing. I expect to debate questions upon their the better. Let them do it, and see if the American people will indorse merits. If the points I made this morning are groundless, if the fig- it. I do not believe the people of this country expect or desire such a ures I cited are false, show it and push me to the wall; but when yotL state of things. come to debate a question wit.h me do not do it by going off on a-sid_e I said a .moment ago that I had no gushing profesaions to make and pointless isaue. It you cannot meet it, say you cannot meet it with respect to the northern people and the northern soldiery. I and be done with it. So much upon that matter. I migP,t make al~ respect the whole people. I have high respect for them as a people. lusi.ons that would not be pleasant and would seem unfriendly. I I honor them for their courage, I honor them for their energy, I cannot afford to do so. I do not care to go into the- personal or even honor them for their perseverance, I honor them for all things that into the political record of Senators on this floor. 1 shall not do it. constitute a great and noble people. I have profound respect for I might allude to speeches made by the honorable Senator from In- them. So have the southern people, and so, I believe, the great mass diana upon subjects and show that since that time he has changed . 4696 CONGRESSIONAL RECORD-SENATE. JtrLY 18, his ground, and all that; but suppose he did, what does that prove f What the Senator from Illinois means by injustice that I have done It does not prove anything. Suppose I was elected by the republi- I do not know. cans, what does that prove 7 It proves nothing to this point. Sup- Mr. LOGAN. I propose to make it perfectly clear if the Senator pose the war was horrible and I wa.s responsible for it, the whole will allow me. The report from which the Senator now reads is a South responsible for it, and the democratic party responsible for it, report of clillrges on the books against collectors, and they are charged how does that prove anything about this issue Y AB stated, it only in the report. the same as if they were defaulters, when in fact these proves that there is an evil, that there is misrule, that there ru:e c~r­ were mainly non-collectable taxes char~ed to the collector and the de- rupt practices, that the people are plundered, tha.t the country IS~­ falcation as charged is not true as agamst these men. ordered and universally -distressed, and that, whoever is respons1b~e 1\fr. SHER~N. And they have been settled. for it, it is the duty of every Senator here to endeavor to remove It Mr. LOGAN. And they have been s~ttled and the books show the and to bring to the attention of the public and the Senate such fact. It was not a defalcation for a single dollar. means as will retmlt in their cure. Mr. :MERRIMON. Now I will give the Senate the benefit of the The Senator bas with an air of triumph-! do not know that I com- information I have. This is an official paper. It is a paper prepared plain of that-asked a great many questions t.hat seemed to divert under the order of a republican House of Representatives. myself and my honorable friend who has just preceded me from the 1\fr. SHERMAN. The paper itself shows that these are balances. points we were making, supposing that they could not be answered. Mr. MERRIMON. I want to state that it is a report made by Sec- I submit that is not a proper way to debate this question. Other retary BouTWELL and Comptroller Tayler. Senators may think differently. I fh:ink we ought to have an oppor- Mr. EDMUNDS. Will the Senator give the number of the Congress tunity to prepare the facts and to brmg them before the Senate m a and the date of the session 7 fair and proper shape and way. I hold myself ready to do that. upon Mr. :MERRIMON. Executive Document No. 140, Forty-first Con- all occasions. Since I took my seat I have come across an official re- gress, third session. At the head of the table are these words: port which I propose to submit to the Senate and which contains some Statement of balances due from collectors of internal revenue who were out of interesting facts by way of showing a vast sum of money that has office on the 30th day of June, 1870. been squandered in the internal-revenue system. I will answer the The communication from Secretary BouTWELL is dated February 18, question that the S~nator put to my honorable friend a w bile ago, and 1871, more than six months after the time these pa.rties went out of I will answer it as answered by a republican House of Representa- office, before their accounts were settled or adjusted, so as to make tives. On the 13th day of December, 1870, on the motion of Mr. Win- the books of the Internal Revenue Bureau show what they ought to chester, it waa resolved by the House of Representatives- have shown. That the Secretary of the Treasury be, and he is hereby, rs consist of tax.Jists charged to them, but turned over of .t he New York poet. He is a gentleman and a scholar. He was to their successors in office. Under the existing law the accounting officers cannot charged just as all these other collectors were when the books were oredit an outgoing collector with lists so turned over unless the Commissioner of Internal Revenue shall certify that such outgoing collector has used due diligence. turned over wi~h the uncollected taxes. That report makes it appear In the absence of such certificate the accounting officers cannot credit collectors as though he had defaulted, when he did not owe the Government a with taxes turned over to ~eir successors, and in almost every case a collector cent; and the statement here shows it. I cannot sit here and hear must appear to be in arrears, thou~b nothing be due from him, until the required certificate shall have been supplioo. such a statement made without doing justice to these officers. Mr. MORTON. I ask the Senator if the report shows that these So that here this paper itself shows that this $20,000,000 of uncol- taxes were afterward collected. lected taxes accrued in a period of nine years, during which the in- Mr. LOGAN. Certainly. What I wanted to do was to call the ternal revenue collected was over 2,000,000,000. Senator's a~tention to the fact that the Comptroller's report gives My friend from Delaware [Mr. SAULSBURY] has eulogized Mr. Pmtt that explanation, and the whole thing shows that the Senator's state- because he was a member with ns. I will nsk now, as a. proper ex- ment is not a correct statement. I will state further that when Mr. planation of this document in order to show the actual cash deficiency Bryant settled with the Government instead of being a defaulter the in the colletion of internal revenue, to have a very brief letter from Government waa indebted to him. So it will appear throughout that Mr. Pratt read. report. That thing baa been explained a hundred times. Mr. MERRIMON. I did not yield to my friend to reply to the Sena- Mr. BOUTWELL rose. tor from Delaware. Mr. MERRIMON. I wish Senators would let me have an opportu- Mr. SHERMAl~. I simply want to have this letter read; because it nity to proceed. will show the exact cash balance. There are delinquencies no doubt. Mr. EATON. We can suppose it to be a fa.ct. My friend is read- Some of t.hese men are defaulters. This letter shows the exact facts. ing from an official report. Mr. STEVENSON. I should like to ask the Senator from Ohio if Mr. MERRIMON. I am going to explain all that in a moment. I he does not know that the.re are many hundreds of tho01~ands 1 and want, however, to premise by saying that 1 would not do any man in perhaps millions, on that list which have never been paid f tbe woJ:ld ,a n ID:Jnstice: I )lave p.o desire to do this nl~n an injustice. Mr. SHERMAN. No doubt there ~r~ 9olinqu..encies. l 1876. CONGRESSIONAL RECORD-SENATE. 4697 Mr. EDMUNDS. General Steedman, for one; a prominent instance. Mr. WINDOM. will the Senator allow me to ask him a question! Mr. SHERMAN. I do not think it right to go into names. :Mr. MERRIMON. I trust the Senator will not interrupt me; yet Mr. STEVENSON. I do not want to go into names, but I suppose I do not want to be discourteous. every man, whet~er a democrat or a republican, ought to pay his Mr. WINDOM. The Senator has occupied the:floornearly all day. debts. Will he not permit me to ask him a question f Mr. SHERMAN. The reason I ask to have the letter read is be- Mr. MERRIMON. I will. cause the letter shows the facts of the reaJJ.y ascertained defalcations, Mr. WINDOM. The question put by the honorable Senator from no doubt to a large amount. Indiana waa as to what had been revealed by the investigating com- Mr. DAVIS. One minute. I wish to call the attention of the Sen- mittees this winter. The honorable Senator in answer to that digs ator from Ohio to a single point. · up an old report here made by a republican Congress, that has no Mr. SHERMAN. I ask the Senator to let the letter be read. earthly connection with the investigations of this winter. He may Mr. DAVIS. I prefer stating a fact, and that is the statement is of not be willing to yield to me again and as I have the :floor, before I .falcations by collectors who are out of office. It do~ not .give the sit down, I want to appeal to him, for I know his good nature, to whole amount. There is nothing about those who were in office at state if any frauds have been unearthed wherein the Government has · that time. That statement is only of such men as were out of office. lost any money by these investigating committees, and if so, tell us Mr. SHERMAN. Yes, because there was charged over to the new who it is and bow much the Government has lost. collector the whole amount. The report to which the Senator from Mr. MERRIMON. In the first place, as I said a moment ago, it is North Carolina referred contains simply 1mcollected balances due exceedingly unpleasant to go into detail in regard to individuals. I :b·om individual tax-payers, so that every man who failed to pay his do not like to be forced to make personal remarks about anybody, liquor licen::~e, or failed to pay his tobacco license, or failed to pay his even persons not in the Senate. It is not a pleasant duty to any well- income tax, or any tax whatever, was assessed by the Internal Reve- disposed person. But a complete answer to that question, and I think nue Office: it was charged over to the collector. my friend from Delaware answered it a while ago, is this: The reports Mr. DAVIS. Provided he was out of office. for the most part of the committees in the Honse which have been Mr. SHERMAN. Provided he was out of office. The great body engaged in investigating the frauds and corruptions that have been had gone out of office. practiced on the Government are not yet made and printed. What 1\Ir. DAWES. I aak the Senator from Ohio if it is not true that they will develop when they are made remains to be seen. I have these amounts charged to the collector who had gone out of office seen snatches of some of them that did develop villainies and rascal- wt>.re also charged over, the same items, to his successor in office; that ities not only disgraceful to the republican party, but disgmceful to is, if the same sum is not charged to the man who has gone out and the American people. If I were disposed to state them now I cannot to the man who bas come in f remember the names, nor is it material for me to do so. It will as- Mr. SHERMAN. It is repeated. I think the law is wrong. I helped tonish the American people when they learn that republican Senators to frame that law. I think the law unjust; but we went on the here deny that frauds of the grossest character for amounts that are ground that we would make the collector account fof every dollar re- appalling have been practiced upon the Government. The press of turned by the asses::~or, and he must either produce the money or by the country, the public men of the country, gentlemen in the repub- proper certificates show the Commissioner of Internal Revenue that lican party, republican Senators themselves, have spoken of it, and he could not collect the money, and until that certificat-e was fur- have insisted upon reform; but this demon of corruption has such a nisbbd be was charged with the whole· amount, although it may have hold upon this organization that they cannot throw it off, and there been shown that be never received any portion of the money charged will be no reform until there is a change of parties in the adminis- on the books to him. I now ask that the letter be read. tration of the Government. A republican President, however well The PRESIDENT p1·o tempore. The Secretary will read the letter. disposed, cannot break tbe·hold of bad, designing men upon there- The Chief Clerk reau as follows: publican party and republican office-holders. They will not loose their TREASURY DEPARTMENT, OFFICE OF L'ITERNAL REVENUE, hold. . Wa~hington, D. 0., March 18, 1876. Mr. WINDOM. I want to ask the Senator whether it is merely a, Sm: In compliance with your request, I have the honor to submit herewith the Ja.ck of memory which renders him unable to mention a single name following stawment taken from the books and records of this Office: of a person who has been proved guilty of defaulting the Govern- 'l'he tutal of internal revenue tax returned bv the varions collectors of internal ment by this winter's investigation, or whether it is due totbecourtesy r evenue during 1he period fr·om September 1, '186'l, to March 31, 1865, being from the organization of the internal s~stem to the close of the month preceeding the of the honomble Senator toward those he designates as thieves f end of Mr. Lincoln's administration, is 283.111,131; the ascertained "cash defi- Mr. MERRIMON. I want to say to my h norable friend that if I ciencie.'i " of collectors appointed during that 11eriod are $4 L4,5G8.10, or about 13-100 knew the name of one as charged by a committee of the House I of 1 per cent. of the amount collected. In the period from April1, 1865, to Feb- would not tell the Senate now; but there have been frauds developed. ruary 28, 186i, bein~ the period in even months covered by Mr. Johnson's admin- istration, the collections were $817,068,:!05; a.soortained cash deficiencies of collectors I know that to be the fact. I have read them iu reports made in the appointed in tbat period, f1,626. ~02. 52, or about 2-10 of 1 per cent. of the amount House. Besides I have not the reports before me now. I would not coll•·cted. In the period from March 1, 1869, to February 28, 1876, being from the state them from memory. I would not do anybody injustice. It does be!!inning of the present administration to the close of tlie last month, the collec- seem to me the Senator )las a poor way of getting a question an- tions are $854,808,237; ascerta.inecl cash deficiencies of collectors appointed in this period, $592.751 86, or abont 69-1000 of 1 per cent. of the amoont collected. swered by asking a question of a Senator who has the floor which he As the balances for the last period mentioned are of comparatively recent occur- knows cannot be answered at the moment. because of the want of the r ence and are now in process of collection, it is believed that a lar.~~ proportion of very reports he ought to have in order to answer properly. it will ultimately be recovered, so that the actual ultimate loss will be very much Mr. WINDOM. I want to ask the Senator if he considers it a proper less than herein shown. Respectfully, thing to do, when unable to remember or unable to give the name of D. D. PRATT, Commissioner. a single individual who has been guilty, or as toonesingledollartbat Hon. J. S. MORRILL, haa been lost, to make a charge of universal corruption npon the United States Senate. whole party f Is that quite t.be thing to do f Mr. SHERMAN. All I want to show is the total amount of defal- Mr. MERRIMON. It is, where I know the general fact to be true. cations aml los es of the internal revenue from the beginning of the I know the general fact to be true. When you come to specify partic- service to that date is 2,632,000, from the first organization of the ular items, I may not be able to state them, but I can state the general internal-revenue service down to date. fact. Mr. EDMUNDS. What percentage is that on the amount. collected f Mr. WINDOM. I am asking the Senator how he knows the general Mr. SHERMAN. It is very small. The amount is given in the fact to be true when he cannot state a single item constituting that letter. general fact f Mr. DAVIS. It will be noticed that the Commissioner says " ascer- Mr. MERRIMON. In my speech this morning I showed, and I chal- tained" all the way through. He does not say that is the balance lenge any Senator to deny them, taking the figures from the record, of the taxes. It is the ascertained balance. that over a billion dollars that ought to have gone to the public 'freas- Mr. EDMUNDS. That is the way everybody's character stands. ury did not go there. It is good until it is ascertained that he has stolen something. It Mr. WINDOM. I ask the Senator to stick to his text. He bas told us ought to be so here. what a wonderfully good thing the democratic House has accomplished Mr. MERRIMON. I do not care, Mr. President, after what baa this winter, and I am on a little line of inquiry iu order to ascertain been said, to have this document read as a part of my remarks. I what it is. He appeals again to some old rerort of a republican in- will scrutinize it a little more, for I am sure I would not do any vestigating committee with regard to the internal revenue, but wholly human being injustice. evades the question as to what these investjgations have done. I a.;;k Mr. LOGAN. It did a great df'al of injustice when it was pub- the honorable Senator if it is not a fact that after, I think, there have lished to as good men as there are in this country. been twenty or thirty investigatin~ committees at work, after they Mr. MERRIMON. It is strange to me, however, that such a docu- have ransacked penitentiaries and lunatic asylums, when the whole ment should be published under the sanction of the House of Repre- power of this Government has been behind them, thew hole Treasury sentatives, and by a republican House, when the republican party of the Government at their command, and with all the enmity, the was to suffer such detriment by it. I may have occasion to refer to vengeful feeling, they had against the republican party, with theso this subject again. I willscrntinize the document. investigations going on for seven months, my friend is unable to point I wish to make another remark and I do not want to detain the to a single dollar lost by this Government or a single man who baa Senate very long. It is perfectly idle for republican Senators on this been convicted of stealing from it f floor to deny the fact that there have been immense losse::~ in tlle in- Mr. MERRIMON. I am not only able to point to a single dolla:·, ternal-revenue service of this country; not a million only but millions. but I can point to millions. 4698 CONGRESSIONAL RECORD-SENATE. JlJLY 18 . Mr. WINDOM. Let us h:1ve it. heard; but aa long as these terrible events continue we must be ex- Mr. MERRIMON. I can point to millions in genera.! terms, but I pected to raise our voices against t.hem. cannot specify items now because of the absence of the reports. It is Mr. MERRIMON. I wish to say just one word. I deny absolutely amazing that the Senator should make such a statement a~ he does that I provoked this debate. The Senator well knows, as the Senate in view of the facts that stare him and the .American people in the well knows, that yesterday morning he opened this debate with a face on every hand. Look at the whisky rings at Saint Louis, at most violent assault upon the democratic party and upon the House Chicago, Indianapolis, and elsewhere. of Representatives. I had not intended to say one word on political Mr. WINDOM. Will the Senator allow again for a moment-- subjects until he did it. I thought be did injustice to the House and Mr. MERRIMON. No, sir; I will not yield to my friend again. I to the democratic party, and I resolved in the course of the evening think the debate now is not profitable to either side. It is mere des- to say what I said this morning. I regret that I could not say it in a ultory colloquy. more orderly w!ty, not having had ample time to prepare myself. Sir, if Mr. WINDOM. That has been my impression for some time. these figures hurt, it is not my :f..1.ult. .And w bile Senators have laughed Mr. MERRIMON. I do not think it is, because neither of us is somewhat to-day, there will be occasion to weep before the campaign dealing in facts. [Laughter on the republican side.] which has j nst opened is closed. The facts and records will be brongh t Mr. WINDOM. I am very happy to hear the Senator sa.y that. I to the public attention that in my judgment will sec~ue a verdict of do not make that confession for myself. condemnation of the republican party at the ballot-box in November Mr.l\IERRIMON. I see nothing to lan~h at. It is well that you next. can see something to laugh at. I see nothing that is amusing. I say I repeat, sir, this debate was not begun or provoked by me. I had when we come to talk about the various items of fraud and corrup- not intended to take part in it until I heard what fell from the tion that have been developed by the House of Representatives-! Senator from Indiana yesterday. I did not mean to be offensive to have not the data here; I have not the reports of the committees of him at all by saying that he had defamed the democratic party. I the Honse, nor has the Senator, upon which to predicate his question- used that word in a general sen e, and I am sure, if I understand what and thereforo it is improper for me to make an answer. Does that defamation is, he did defame that party in strong and not very select afford any reasonable ground for laughter f If the Senators on that terms. Of course I did not mean any personal allusion to him or side can take any benefit from that, let them have it. If they can anybody else. laugh at as small things as that, they will have serious things to cry Mr. SHERMAN. When I entered the Senate Chamber this morn- about before they are done with this subject. ing I had not the slightest expectation of participatin~ in any politi- I repeat what I said a moment ago! that it is amazing, and it will cal debate; indeed I regretted that a political debate nad sprung up be amazing to the .American people, to know that Senators on this on this river and harbor bill; but I must confess, when I listened for floor seriously-do they do it seriouslyf-want the people to under- a while to thE.\ Senator from North Carolina and heard the great re- stand from them that the republican party as an organization is ab- publican party, to which I have the honor to belong, arraigned as a solutely honest, that it never W3.sted any money, and nobody ever pack of thieves, with the most opprobrious langua,~e, with arguments under its wing and protection perpetrated frauds upon the Govern- far-fetched, exaggerated, out of place, I could not nelp but feel some- ment. Senators are surely laughing a.nd trifling in making such wha.t the old .fire rising in me, I could not help feeling some indigna- attempt. tion that he should be willing to classify more than one-half of all Mr. MORTON. I beg the Senator from North Carolina to under- the people of the United States as being guilty of offenses and crimes stand that I have no personaJ feeling whatever in regard to any which would disgrace the penitentiary of any Stat.e. The Senator member of this body, certainly not in regard to himself; but my probably was not aware how broad and sweepin~ these char~es made friend must remember that he provoked by his speech this morning by him of corruption were or he certainly wonla not have mdulged everything that I said. He began by saying that I ha.d defamed the in them. Then, when you come to look at his argument, this was one democratic party. He then indulged in general and wholesale charges of them, and the principal one: that the tax on whisky was 2 a gal- of corruption against the republican party. If what my friend has lon, and somebody had said, I do not know who, that 100,000,000 gal- said is true it is the most corrupt party this country has ever seen; lons of whisky were made in a year. corrupt from top to bottom and thoroughly rotten. He went on to Mr. MERRIMON. Mr. Fessenden said so in 1864. read long tables of figures to show the va.st increase of expenditures, Mr. SHERMAN. I remember the remark ma.de by Mr. Fessenden. going back and bringing it along during the wa.r up to the present He was one of twenty million republicans who made an error. There time to show that the republican party had squandered the public never have been 100,000,000 gallons of whisky made since the tax wa~ mone;y and was responsible ·fnr great waste. It was proper and it imposed. It was estimated in 1860 that there were 100,000,000 gal- was nght that I should say in reply to tha.t that those increased ex- lons made, by the census returns, at a. time when whisky was worth penditures, this heavy taxation and this great debt were the result fourteen or fifteen cents a gallon; but then it was consumed in burn- of the rebellion, and that the men who made the rebellion were re- ing fluid and in a thousand ways that it cannot be consumed now; sponsible for it, and not the men who put down the rebellion; that but since the tax has been l~vied on it it has never reached anything although the republican party had to make this debt, had to collect like that proportion. Mr. Fessenden simply said that prior to 1860 these taxes, had to make these expenditures, yet it was not to blame it was Mtimated that the whisky produced in this country was 100,- for it, but the men who maae the war were to blame for it. If my 000,000 gallons; and upon this fact, detached, separated, the Senator friend did not want me to ijpeak of these t.hings he ought not to have says that the republican party ought to havo collected from the peo- referred to the subject. When the republican party is overwhelmed ple of the United States $200,000,000 a year. with the charge of extravagance and vast expenditures, it is com- In the .first place, no one was foolish enough in the beginning of our petent for its members in self-defense to tell the ca.use. So far as internal-revenue taxation to propose a tax of $2. It was a foolish the charge of corruption is concerned, of extraordinary corruption, venture. We put on a smaller tax, commencing with twenty cents, of corruption beyond that of the democratic party, I deny it in toto. and we collected more revenue then than with the two dollars' tax. I say it comes far short of that which has characterized a.nd distin- We gradually raised it until1866. It was demanded by public senti- guished democratic administrations in the past. ment that we should do what we did in 1866. We then raised the My friend says I referred to the war. Is not the war constantly tax to $2 a gallon, and that tax remained three or four years. Dur- forced upon us f Is not the war the cause of all this objection f .Are ing all the time from 1861 to 1865 the honorable Senator by his logic we not to-day dealing with the results of the wart Certainly we · charges the republican with losing this Government $200,000,000 a are. We want peace. Nobody wants it more than we do. I am sure year, less the amount of tax we actually collected; and that is the the republican party desire it quite as much as the other party do; I kind of argument on which he goes to the people to show that the am afraid very much more, and why T There are slaughters going republican party was corrupt I on in the South from time to time. Need I mention the Mechanics' It so happened that when this two-dollar tax was levied the dem- Institute in New Orleans, Vicksburgh, Coushatta, Red River, Colfax, ocratic party bad control of the executive authority of the Govern- Clinton, and Hamburgh within a few days ago, where the blood is ment; it bad the President. It is true we elected Mr. Johnson; we scarcely cold f With these things happening from time to time, be- made a mistake in doing it and we never ceased to regret our mist.ake. cause we raise our voice in objection to them, and say that we ought Mr. Johnson turned over the whole executive power of the Govern- to protect those people, a.nd that they ought not to be murdered, we ment to the democratic party, and the Senator has presented a numer- are charged with reviving the issues of the war, with calling back ous list, which contains hundreds of names of men on this list who the memories of ·the war! It does not lie in the mouth of the demo- were defaulters, but I would not read them lest some of them might cratic party to make charges against us on this subject. not have been, but there are on it the names of men appointed by We are just on the eve of a great campaign. I speak what is in Mr. Johnson who are now active leaders in the democratic party, be- the mouth of everybody when I say that democratic success in that cause most of those who went over with Johnson went into the dem- campaign depends upon carrying Louisiana, Mississippi, Florida, ocratic party. During that time when there was a two-dollar tax we North Corolina, and South Carlina, States which are largely republi- are charged with wasting aml squandering $200,000,000 a year col· can, having an aggregate republican majority of nearly 100,000. Their Jected from the whisky tax, or which ought to have been collected! chances of success depend upon overcoming that majority, and how f Why, sir, under the administration of .Andrew Johnson the tax col- .As it was done in Mississippi last year, as it has been done in Louisiana; lections on whisky went down to twelve millions in a single year. and the campaign has recently been opened in South Carolina by the The republican party, however, was charged with the responsibility events at Ham burgh within the last ten days. Give us peace, give us of the Government. Were we not anxious to collect this tax f Was a fair election, give us protection to men of all parties, to men of all it not our interest to collect the tax T Did we not pass laws as severe colors and races, and then we shall have quiet, and no more will be a.s the Draconian code f Did we not use every effort to collect this 1876. OONGRESSIONAL RECORD-SENATE. 4699 tax f And yet under President Johnson we could not do it. . Whyf of the Navy Department then in terms stronger than can be used now Partly becau. e the political disJ>utes of the time made it difficult to and for the same class of contracts that have been investigated into collect internal taxes because of bad appointments or differences be- recently. But I do not wish to go into that; "sufficient unto the day tween the Senate and the President as to appointments, but it was is the evil thereof." I do not believe that when the report is made mainly because the law was wrong. We ought never to have at- and it comes to be discussed, any wron~ or fraud will rest upon the tempted in our broad country to put on a tax of $2 a gallon, and we head of that Department, and if there IS, the republicans :will be as made the discovery that we had made a mistake and in a short time swift to punish him as the Senator can be; but until then he is bound we repealed that law and then we commenced collecting the whisky as an honest and honorable man to consider him innocent. tax. After we reduced the tax down to fifty cents, I believe that the Mr. SAULSBURY. I have not said a word against the head of the whisky tax was as thoroughly and completely collected as any tax Navy Department; I have not referred to him. could be. The only difficulty in collecting the whisky tax after that Mr. SHERMAN. We ought not to deal in insinuations. I nat- time was in the States of North Carolina, Tennessee, and other south- urally leaped to the conclusion that there was some wrong or fraud ern sparsely populated States. In the great cities for several years to be disclm;ed by some committee of the Houso in regard to the when the tax ranged between fifty and sixty cents a gallon it was Navy Department, and necessarily its head. Now, sir, ought we to collected with great exactitude, great correctness; but there was a deal in such imputations f Are men's characters to be mooe a foot- difficulty in collecting it in some of the southern and sparsely popu- ball off If the House makes any alle~tion against any member of lated States ; there force had to be used to collect it; the Army had this Government, we are bound to try him, as judges, sworn tmder our to be employed more or less to a considerable extent, but all was col- oath in the particular case, and we have no right to prejudge. The lected that could be collected. So it continued. only particular cases that my friend from Delaware gave us-he was Now, to make this loss of the whisky tax the substratum of this unfortunate there-were those of a defaulting paymaster of the Army grea-t effort it seems to me was not treating the Senate of the United of the United States and a. man convicted of whisky frauds. Pay- States with that proper respect with which it is necessacyto be treat- masters are ~enerally men selected in honor. The Sen:ttor gave his ed. If this was a popular argument to be tlBed in the compaign in name as MaJor Hodge. Well, Major Hodge was a defaulter; but he North Carolina, the Senator might have reserved it until he went was tried; convicted, and sent to the penitentiary for his defalcation. down t.here to make a speech to that people, where documents could I understoqd he was a democrat always. I knew his father before him. not be produced at once to correct him; but made here in the Senate He was in the re~ular Army. Would you hold the republican party Chamber he must have expected that it would excite indignation, responsible for hiS defalcation because he gambled away the public reply, remark, and exposure if it was not correctly and well founded. money, lost it, and squandered it f I hear a Senator say we ought to That is all the feeling I bad about it; but if there was a little beat- have kno'wn it. Are we omniscientf Is the democratic party om- ! am sorry I bad it-it was but natural when the Senator was ar- niscient f 0, no. The very moment his offense was detected he was raigning us as a set of scoundrels and rascals corrupting the whole punished and sent to the penitentiary. I know it is claimed that he ' party-- was .p ardoned. I hear it said, " Grant pardoned him." So he did, on Mr. MERRIMON. I beg the Senator's pardon. the demand of numberless democrats high in official position. If he Mr. SHERMAN. The language was most broad that the repub- did wrong, he did the wrong of being merciful to a man who had lican party waa the most corrupt tbat had ever existed. violated his public duty. Mr. MERRIMON .• I said expressly in the commencement of my Mr. LOGAN. He pardoned the Ku-Klux, too, on the same kind of speech that there were in the republican party, as in every other party, recommendations. good men. Mr. SHERMAN. It is not on such premises as that that a great Mr. SHERMAN. But they must be'' few and far between," accord- party like the republican party is to be tried and convicted. And ing to the Senator's general declam!l.t ion. We are sensible men here, you say there were McDonald and McKee-my honorable friend saw and we know very well that the great mnss of all political parties of them within the bars of the State prison. Who put them there t our countrymen are honest, desire to do their duty to their cmmtry, What democrat shared in that work f Not a democrat. They were to their families, to their God, to themselves; and therefore this broad put there by republica.ns; and when did a democratic administration declamation against parties ought not to be indulged in. We have a pu~ a democrat behind the bars of the penitentiary for official mis- right, however, to arraign the official conduct of parties, but in doing conduct f Tell me the case, when, where, and under what adminis- so should give particulars; and therefore when the Senator was thus tration. But unfortunately they say Dyer, Pratt, and others have declaiming I asked him, if the republican party was so bad, what bad been removed; and we are brought in and arraigned, not for offenses the democratic party done for the last forty years that would induce charged against the republican party, but because in our a-dministra- him to go for it or that would command his respect. My friend from tion the Secretary of the Treasury resigns, the Commissioner of In- Indiana sprea-d that question a Httle further, and wanted to know ternal Revenue resigns, or disputes, coldness, or disagreement arise what good measure the democratic party had ever adopted. It is a in the administration of the Government, and we are at once charged, remarkable fact, Mr. President, and I may as well put in here as this because these men retire from office, with seeking to shield the guilty is a political discussion, that there is not a single position taken by instAad of protecting innocence. Ah, gentlemen, you must do some- the democratic party for the last thirty years on which tboy now dare thing better than that if yon wish to make an arraignment against to make a stand and defend it. You may look over tho whole polit- the republican party. icru arena and you will find it to be so. 1 say when you contrast the But some one said, I think my friend from North Carolina, or per- position of these two great parties, what they have done, what they haps my friend from Delaware, that we had squandered $3,000,000 in have proposed, where they stand, the contrast may be drawn by any the Southern States from the judiciary fund. Why, sir, what became intelligent man. I say the democratic party has been compelled to of that $3,000,000 1 It was the money expended in putting down the ab:J>ndon and recede from every position it has taken, and it will not Ku-Klux organization, the most infamous organization in modern his- now in this canvass in which it seeks again to come into power Mtand tory since the time of some of those in India, which disgra-ced the ci vi li- upon any position it bas taken for the Jast thirty years. zation of the old countries. Three million dollars were spent for that But, sir, its cry is reform. Well, every honest man i~in favor of purpose, and no doubt some money was wasted, some was defrauded; reform. There nevet· will be a period in the history of mankind that bnt that occurs in the administration of every large fund of this kind; reform will not be an impemtive demand. Crimes, offenses are con- there is petty peculation which plunders and robs from the public as tinnalJy occurring; there will be efforts against the interests of the well as from private individuals. Public crime as well as private crime mass of mankind. There has been a continun.l struggle since Adam exists in every community, in every State, in every land, in the quiet was born in this world of ours between g-ood and evil; but we have hamlet, in the Connecticut village as well as in the border regions come to believe that in th~ Republic of ours good ha-s been in the far remote. There will be vice and ·crime everywhere; it accompa- ascendant and evil bas been sent to the penitentiary. Such has been nies all agencies that are human, and we cannot avoid it entirely. our common thought and among men of all political parties. All we can say in reply is that when these peculations occur we ex- But, sir, we are now told that the democratic House, where they pose them and we punish them; and when we contrast our conduct have a casual democratic majority, have unearthed corruptions, ex- and our administration with that of others gone before us, ours is far posed frauds, shown that the people have been robbed; and we nat- more favorable tha.n theirs. urally inquire where, when, by whom f And uow, gent.lemen, it will Here is the official statement of the actual losses that occurred not do for you to talk about corruption a.ml fraud ancl (Ushonest.y and during our war. They are all honorable to us. Scarcely any money wrong in a general hap-hazard way as something that will be dis- was lost in our war by defalcation and peculation; I say scarcely any closed, some bugaboo that will be developed after a while. Where in proportion to the percentage of other losses. Take the case of the is it f Who has stolen the public money t Narne your man. It will internal revenue, the very service that was sought to be saddled with not do for my honorable friend from Delaware to say 0, well, some- $20,000,000 of unaccounted balances. Take that case, and we have body has plundered the Government to the extent of $300,000 in some the fact tliat onJy $2,376,000 have been lost of all the taxes that have contracts, but I do not want to narue him! That is not the way. The been levied in the form of internal taxation since the organization of names have got to be given, the place, the time, the circumstances. the system to the last year, or 11:fth of 1 per cent. Mr. SAULSBURY. I refer the Senator to the report of t.he Com- There is another remarkable fact shown in our military history. I mittee on Naval Afl'airs where he will find it all given. have not the statement before me, but I saw the st.atement made that Mr. SHERMAN. It was an unfOl'tunate remark for the Senator to the losses-including Major Hodge's defalcation, which is one of the make. During the last democratic administration that governed the largest-that occurred by paymasters and other disbur8ing officers in country the House of Representatives, by a resolution passed by the our war, compared with the Prussian service, the English service, or votes of men of both political :parties, denounced the administration any service of which we had a record, was only abont one-tenth of 4700 CONGRESSIONAL RECORD-SENATE. JULY 18, the amount. The actual fidelity in tho disbursements of public men FORFEITURE OF RAILROAD LANDS IN KANSAS. after the wa,r and during the war is almost unprecedented in the his- tory of mankind. Mr. INGALLS submitted the following report : You, gentlemen, have now had the full power of this Government; The committee of conference on tho disagreeing votes of the two Houses on the you have an organized House whose sole purpose has been to delve amendments of the Senate to the bill (H. R. No. 1771) to declnre forfeited to the UnitRd States certain Janrls granttJu to the St-ate of Kansas in aid of the con truc- in and try to find if we have been guilty of rascality or wrong. They tion of rnilroads by act of Congr s approved March 3, 1863, having met, after full have ample means, ample ability, and what baa been the ont.corue Y and free conference have agreed to recommend, and do recommend, to their re- You tell us that som~thing will be disclosed when the reports are spective Houses as follows: printed. Can it be possible that these men u,re withholding their re- That the Senate do recede from their third amendment to said bill. JOHN J. INGALL_§, ports in order to prevent ns from answering them, or to prevent the P. W. HITCHCOC.n., men whom they aecuse from answering them in the proper way! I WM. W. EATON, trust not. I do not believe it, and will not believe it. They have Managers on the part of the &nate. here and there fallen upon delinquents. Men of both political parties JOHN R. GOODIN, have been struck at by these committees. They may not have been / JAMES W. McDILL, BENONI S. FULLER, groping in the right direction, but wherever they groped th~y found MILn.txgtrs on the part of the House. a democrat ; and they found no donlit some bad republicans. But if this is to be a campaign of scandal, if this is to be a campaign of Mr. CONKLING. What is the nature of 1he amendmenU abuse, then I warn gentlemen that the people of this country a,re a Mr. INGALLS. This is a bill providing for the recession to the kind-hearted people. I never saw an intelligent crowd in Ohio but United States of certain lands heretofore granted to the State of Kan- what turned with loathing and disgust from a man who addre8sed sas in ~id nf certain railroads. The House bill provided that those them in the language of calumny and reproach. Go to that people, liiDds shnuld bo disposed of under the homestead law; the Senate talk to them plain common sense ; be the orat.or ever so dull, be be amendment was that they should be disposed of under the public-land ever so wit.ty, they will bear i.t all; they will take a joke in kind, laws of the United States. The committee of conference have agreed, good humor; but commence your strain of calumny and reproach by by receding from the amendments of tho Senate, that the land shall trying to prove t.hat Gmnt is a rascal and that all these republicans be disposed of under the homestead law. who have carried the American banner in triumph, in peace and in Mr. SARGENT. I should like to ask the Senator from Kansas if war, are scoundrels, and they will turn their backs upon you unless that report deals with the whole bill, with all the amendments t you bring facts, figures, names, and dates, and prove your charges. .Mr. INGALLS. The other amendments were adopted by the House Sir, your campa1gn of scandal and slander will be at an end in thirty of Representatives. The conference was only on one amendment. days after it has commenced. Your cry of reform will require some- The report was concurred in. thing else than mere empty air. The people will ask what security RIVER AND HARBOR BILL. do you, the democratic party, give ns for reform. Why is Governor Tilden any more likely to reform this Government than Governor Mr. BOGY~ I renew my motion. Raye~;! What is there in the chrtracter of these two men that gives Mr. ALLISON. I ask the Senator from Missouri to yield to mo for one, Tilden, the pre-eminence over Hayes as a refonner! What is one moment. there in the conduct of your party that gives you the right to claim Mr. BOGY. Very well, sir. . to be reformers! You have been driven from all your positions; you Mr. ALLISON. I think we ought to go back to the consideration do not stand where yoo. stood at any time within the last thirty years. of the river and harbor bill if we intend to pass it at this session; Sir, the people will know who are these prophets of reform before and I should like to have the Senator giv~ way to me long enough they trust them. You must show something else than the history of for me to make a motion to lay the whole subject on the table, to at the last few years in the Southern States; you must show something least test the sense of the Senate ns to whether they want a rivPr and else in the nature of reform before they will trust the old associates harbor bill at this session. Here it is certainly within a few days of of Tweed in New York; you must show t.hat the democratic party the close of the session, and we have been fiv{) days considering this baa in it elements of reform which will give some security for their bill and have made pr!Lctically no progress in its consideration. promises ; otherwise the people will not heed your talk about reform. Mr. EATON. Mr. President- Sir, I again express my regret to the Senate that I have been lt>erton can say that at least I am not their enemy, that the time has not ar- Christiancy, Conkling, Conover, Davis, Edmunds, Forr.v, Ham~~ Harvey, Howe' rived when the democratic p3,rty can again come into power in this Ingalls, Kernan, Key, Logan, McMillan, Maxey, Mitchell, Morrill, Paddock Pat~ count.ry. Its history during recent events has not been such as to ex- terson, Sargent, Sherman, Spencer, Wadleigh; West, Windom, Withers' and cite the hopes and emotions that ought to follow the success of a great Wri ht-32. I TisENT-Messrs. Alcorn, Burnside, Cameron of Pennsylvania, Clayton Dawes polit.ical party. It is better for the South that a good man who will Dennis, Dorse~ Frelinghnysen, Goltlthwaite, Hamilton, Johnston, Jones 'of Flor: befairandhonestand straightforward, true to his word, manly in every ida, Jones of Nevada, McCreery, Morton, Ransom, Sharon, Thurman, and Whyte- undertaking, bold in execution of every promise, should preside over 19. this Government for four years longer before you revive again in a So the motion waa not agreed to. popular contest the old struggle between tho democratic and repub- Mr. MITCHELL. I move that the Senate proceed to the considera- Ji<-an part.ies. At all events I pray my democratic friends not to com- tion of executive business. mence it here by gross exaggeration, bywholesalecalumny, by charges Mr. ALLISON. Before that motion is put I ask leave to introduce that will never be proven, and by pretenses that ha,ve not been just- a substitute for the river and harbor bill, and ask that it may be ified by the past history of the democratic party. printed. Mr. BOGY. I move that the Senate adjourn. Mr. CONKLING. Then you agree to -this motion. The PRESIDENT pro tempore. Will the Senatorwithdrawthat and Mr. ALLISON. I only put in a cave.at in case the motion prevails. allow the Chair to announce the conference committee on the consular The PRESIDENT pro tempore. The Senator from Iowa submits a and diplomatic bill! substitute to be printed. Mr. BOGY. Certainly. Mr. EDMUNDS. I ask that it be read. ["No!" "No!"] I see it CONSULAR AND DIPLOMATIC BILL. is a long bill ; I will not ask for the reading. The PRESIDENT pro tempore announced as the third committee The PRESIDENT pro tempore. The proposed substitute will be of conference on the part of the Senate on the disagreeing votes of printed if there be no objection. The Senator from Oregon moves the two Houses on the bill (H. R. No. 1594) making appropriations for that the Senate proceed to the consideration of executive business. the consular and diplomatic service of the Government for the y ar Mr. ALLISON. I understand the Senator from Connecticut [Mr. ending June 30, 1877, and for other purposes, Mr. FRELINGHUYSEN, EATON] desires to make some remarks. I only wish now to appeal to Mr. EDMUNDS, and .Mr. WITHERS. the Senate after he h8.s finished what he may desire to say on political topics that we shall come back to the business of the Senate and MISSISSIPPI ELECTION INVESTIGATION. finir~h this bill. Mr. ANTHONY. I wish to make a formal correction. The resolu- The PRESIDENT pro te?npore. The Senator from Oregon moves tion to print the report of the Mississippi conmmittee was passed as that the Senate proceed to the consideration of executive business. a Senate resolut.ion. It should have been a concurrent resolution. I The motion was agreed to; and the Senate proceeded to the con- aak unanimous consent that it be so journalized and corrected. sideration of execntive business. After eight minutes spent in exec- The PRESIDENT pro tempoJ·e. If there be no objection, the correc- utive session the doors were re-opened, and (at five o'clock and twenty tion will be made. minutes p.m.) the Senate adjourned. 1876. CONGRESSIONAL RECORD-HOUSE. 4701 HOUSE OF REPRESENTATIVES. appropriate money for the purchase of a law library for the Territory of Dakota. TUESDAY, July 18, 1876. The bill was read. It appropriates $2,500, to be expended by and under the direction of the governor of the Territory in the purchase The House met at twelve o'clock m. Prayer by the Chaplain, Rev. of a law library, to be kept at the seat of the government thereof, I. L. TOWNSEND. for the use of the governor, supreme and district courts, members of The Journal of yesterday was read and approved. the Legislature, and such other persons a-s shall be provided by law, HON. E. Y. PARSONS. and the sum of $200, or so much thereof as may be necessary, is ap- :Mr. BLACKBUR.N. I ask unanimous consent to submit and ha,ve propriated for the purpose of payin~ ~e freiglit thereon. passed at this time a resolution to which I suppose no gentleman Mr. HOLMAN. It seems to me tllis bill ought to go to the Com- will object in view of the late period of the session at which it be- mittee of the \Vhole. comes necessary to offer it. The SPEAKER pro t~pore. It must go there, as objection is made. The Clerk read as follows : It will be so refened. Resolved, That the Clerk of this House be instructed to pay to the widow of Hon. MESSAGE FROM THE SENATE. E. Y. Parsons, of Kentucky, late a member of this House, the amount that he A messa~e from the Senate, by Mr. SYMPSON, one of their clerks, would have received for the remainder of the term for which he was elected. announced that the Senate ha-d passed a resolution (in which the There waa no objection, and the resolution was adopted unani- concurrence of the House was requested) authorizing the special com- mously. mittees appointed by the Senate and Honse of Representatives to THOMAS B. V .A.LENTINE. investigate the immigration of Chinese into this country, to act aa a Mr. WALLING. I ask unanimous consent to submit for ndoption joint special committee. at this time the resolution which I send to the Clerk's desk. The message also announced that the Senate had passed without The Clerk read as follows: amendment the joint resolution (H. R. No. 153) to correct an error in Resolved, That the clerk of the-Committee on the Public Lands be authorized to the enrollment of the post-office appropriation act. attach to any d~position he may be required to give in the case of Hovey vs. Valen- The message also returned to the House of Representatives for its tine, now f ending in the district court at San Francisco, California, a copy of the concurrence the bill (S. No. 89'2) to encourage and promote telegraphic minutes o the proceedings of the Committee on the Public Lands on House bill communication between America and Asia. • No. 10'24, [Forty-second Congress,] for the relief of Thomas B. Valentine. ELECTION OF TERRITORIAL OFFICERS. Mr. RANDALL. Is that from a committ.ee f Mr. PATTERSON, from the Committee on the Territories, reported :Mr. WALLING. It is from t)le Committee on Public Lands. back, with a recommendation that it pass, the bill (H. R. No. 3267) l\lr. GARFIELD. It occurs to me that it is an unusual request that to provide for the election of a territoria.l governor, secretary, treas- a clerk should certify to the proceedings of a committee. I do not urer, auditor, aud superintendent of schools in the several Territories know that I cauy said Washington Asylum; running thence south consent. aloug the e.'l.St line of sn.id street to the point at which the north line of E street, if :Mr. KASSON. I object to the consideration of the bill. prolonged, would intersect the e.'l.St line of said Nineteenth street east; running Mr. PATTERSON. I have seen the same thing done thousands of thence east three hundred feet; thence north to the south boundary of the a ylum times this session ; an amendment suggested and accepted. grounds; thence west three hundred feet to the point of beginnin~; and that it shall be lawful to use said building or buildings and grounds for the Imprisonment · Mr. CONGER. The gentleman certainly will not claim that the under the laws of persons sentenced to imprisonment by t.be police court of said modification he proposed to the bill has been submitte~ t.o the Com- District, or by the supreme couT't of said District in ca es appealed from said po- mittee on the Territoriest lice court, for violation of the municipal laws or ordinances in force in said Dis- The SPEAKER p1·o tempo1·e. The Chair can only act on the bill as trict. SEc. 2. That said commissioners shall not expeml more than $14,001 in and abont reporled. The point of order has been ma?e and sustained by the the aforesaid work of tearing down, r emoval, and construction; which sum is here- Chair, and the bill is referred to the Committee of the Whole on the by appropriated for that purpose out of any money in the Treasury not otherwil'le state of the Union. appropriated. · SEc. 3. That for the removal of the earth and rubbish, grading, sewrra.ge, and Mr. PATTERSON. I ask that this bill may be made the special other improvements of Judiciary Square, the sum of $2 00018 hereby appropriated order for Saturd:.t.y next after the morning hour. out of any money in the Treasury not otherwise appropriated, in lieu of the money The SPEAKER pro tempore. That will require unanimous consent. to have been derived from the sale of theja.il in sa.1d square, and appropriated June Mr. HURLBUT. I object to making any more special orders; we 3, 1874. have more now than we can dispose of. · The amendment reported from the committee was in section 2 of PENITENTIARY AT BOISE CITY, IDAHO. the bill to strike out the words "money in the Treasury" and insert ·in lieu thereof the words "revenues of the District of Columbia." Mr. FORT, from the Committee on the Territories, reported back, The amendment was agreed to. with an amendment, the bill (H. R. No. 1972) to authorize the con- The bill, as amended, was ordered to a third reading, read the third struction of an inclosure around the United States penitentiary at time, and passed. Boise City, in the Territory of Iuaho. Mr. KIMBALL moved t.o reconsider the vote by which thE:' bill was The bill appropriates the sum of $2,000, or so much thereof as may passed; and also moved that the motion to reconsider be laid on the be required, to construct a wooden iuclosure around the United States table. penitentiary at Boise City in the Territory of Idaho, to be expended The latter motion was agreed to. by the United States marshal for the district of Idaho, under the direc- tion of the Attorney-General of the United States. L. D. EVANS. The amendment reported from the committee was to strike out Mr. HANCOCK. I am directed by the Committee of Ways and "$2,000" and insert " 1,500." Means to submit a report upon House bill No. 3141 for the relief of L. Mr. HOLMAN. I desire to reserve any point of order that may lie D. Evans; and I move that the report be printed anu recommitted to against this hill until I can hear some explanation of it. the Committee of Ways and Means. Mr. FORT. I do not suppose any explanation is necessary. This Mr. CONGER. Not to be brought back on a motion to recousider. is a penitentiary belonging to the Government of the United States, The SPEAKER p1·o tempm·e. The Committee of Ways a.ntl .Means and it is cheaper to build a fence around it than to guard it. has the right to report at any time. Mr. HOLMAN. I do not make any point of order on the bill. Mr. CONGER. To report revenue bills. The amendment reported from the committee was agreed to. :Mr. HOLMAN. This is a private hill, not a revenue bill. The bill, as amended, was ordered to be engrossed and read a third The SPEAKER pro te1npore. The Chair did not notice the character time; and being engrossed, it was accordingly read the third time, and of the bill. passed. The motion to print and recommit was .agreed to. Mr. FORT moved to reconsider the vote by which the bill was Mr. CONGER moved to reconsider the vote by which the bill was passed ; and also moved that the motion to reconsider be laid on the recommitted ; and also moved that the motion to reconsider be laid table. on the table. The latter motion was agreed to. The latter motion was agreed to. SIOUX CITY, BLACK HILLS AND PACIFIC RAILROAD COMPANY. FRUIT BRANDY, Mr. JONES, of Kentucky. I am instructed by the Committee on Railways and Canals to report back, with a recommendation that Mr. HANCOCK. If my colleague [Mr. SCHLEICHER] will yield to the same do pass, House bill No. 3000, incorporating the Sioux City, me, I desire to report from the Committee of Ways and Means, for Black Hills and Pacific Railroad Company. There is no subsidy or consideration at this time~ a bill relating to the production of fruit Government ai(l in this bill; it is an ordinary railroad charter for a brandy, and to punish frauds connected with the same. . railroad from Sioux City, Iowa, westward, through Nebraska, Dakota, Mr. SCHLEICHER. I will yield if it d.oes not take too much time. Wyoming, Idaho, and Oregon, to Portland, Oregon. Mr. HANCOCK. I desire to report this bill for present considera- Mr. SAV .AGE. I will reserve any point of order upon this bill until tion. It has been prepared by the Internal Revenue Department, it is read. and has the unanimous · approval of the Committee of Ways and ORDER OF BUSINESS. Means. The Representatives from California insist that it is very important to have it passed now in order that the people may avail The Clerk began the reading of the bill, but before concluding, themselves of its provisions in connection with the present crop of Mr. EDEN. Has t.he morning hour expired T grapes. The SPEAKER P'I'O tempore. The morning hour has expired. Mr. LUTTRELL. It will require but a moment to pa.ss the bill; Mr. SCHLEICHER. 1 rise for the purpose of moving to go into and I hope the gentleman from Texas [Mr. SCHLEICHER] will give Committee of the Whole on the joint resolution in relation to the pro- way. tection of the Texas frontier. The SPEAKER pro tempore. It is not in order to debate t.be bill Mr. KELLEY. 1 a-'5k the gentleman to yield to allow me to intro- now. duce a bill for reference only. Mr. HANCOCK. I suppose there will be no objection to it. Mr. SCHLEICHER. I will yield for that purpose. The bill was read. COL~AGE OF THE SILVER DOLLAR. The SPEAKER pro ternpore. Is there objection to the consideration Mr. KELLEY, by unanimous consent, introduced a bill (H. R. No. of this bill now T 392:3) to provide for the coining of the standard silver dollar of the Mr. CONGER. I object. United States and for restoring its legal-tender character; which was Mr. HANCOCK. I ask, then, that the bill may be printed and recom- read a first and second time, referred to the Committee on Coinage, mitted. Weights, and Measures, and ordered to be printed. Thore being no objection, the bill (H. R:No. 3925) was reported, . W. J. MURCHISON. read a first and second time, ordered to be printed, and recommitted. :Mr. SCHLEICHER. I rise for the purpose of moving that the Mr. REAGAN, by unanimons consent, introduced a bill (H. R. No. House resolve itself into Committee of the Whole to resume the con- 3924) for the relief of W. J. Murchison, postmaster at Weldon, Hous- sideration of the joint resolution for the protection of the Texas ton Connty, Texas; which was read a first and second time, referred frontier. to the Committee on the Post-Office and Post-Roads, and ordered to M.r. CONGER. I withdraw my objection to the consideration of be printed. the bill report,ed by the gentleman from Texas, [Mr. HANCOCK.] JAIL ON JUDICIARY SQUARE, WABIIIXGTON. 1\lr. LUTTRELL. The objection is withdrawn; and I hope the bill Mr. KIMBALL. I am instructed by the Commit tee on Public will now be considered. and passed. It is a very important measure Buildings and Grounds to report back, with an amendment, Senate to the people of the Pacific coast. bill No. 842, authorizing the commissioners of the District of Columbia The SPEAKER pro tempore. 'l'he Chair cannot go back, after other to remove the jail on Judiciary Sqttare to grounds near to the Wash- business has intervened, to take up business which has been ob- ington Asylum for the use of the District. jected to. 1876. CONGRESSIONAL RECORD-HOUSE. 4705 CHINESE ThfMIGRATION. the gentleman from New York that South Carolina is rotten all round Mr. RANDALL. I aak unanimous consent that the concurrent res- its borders, and for that very reason I have oftered the amendment olution from the Senate in regard to a joint special committee upon to this bill to cut off that rotten part all round South Carolina so as the subject of Chinese immigmtion be taken from the Speaker's ta- to let the core stand. It is those rotten parts which are troubling us. ble and considered now. We are getting along all right ourselves. There being no objection, the resolution was taken from the table He stated that I vouched for the author of that report. I state and read, as follows : again to this House that that report which was read from the desk Wherea-s on the 6th da.y of July, 1876, the Senate authorized the appointment of was signed by an honorable gentleman, a loyal gentleman, one who a special committee of three Senators to investigate the immigration of Chiueset.o risked his life for the protection and defense of this Government. I this country; and whereas on the 17th day of July, 1876, the House of Representa- say again I know that if I had given his name to this House in the tives authorized the ap~ointment of a special committee of three members of the next few hours it would have been.known at Hambur~h, South Caro- House to discharge similar duties : lina, and I would not have given ten cents for his life, for General Be it enacted try the Stnate, (1M HOU8e of Representatives coneurring,) That said special committees shall act as a joint special committee of the two Houses for Butler, the gentleman. who was attempted to be made a saint of in the purposes aforesaid, and with the powers conferred by the resolutions appoint- this House, would at once have organized another band of Ku-Klux ing them; the expenses of the said joint committee to be paid one-half out of the and hunted him down. contingent fund of the Senate and one-half out of the contingent fund of the House I will tell the gentleman from New York that I was vouched for by of Representatives. nearly fourteen thousand majori~y of loyal men to this Government, The resolution wa.s concurred in. and, sir, I will say men of my nativ-e State, the State of South Caro- ENROLLED JOINT RESOLUTION SIGNED. lina, where I was born and rearea: .. I will ask the gentleman in God's Mr. BAKER, of New York, from the Committee on Enrolled Bills, name who indorses him, whether the people of New York or the peo- reported that the committee had examined and found truly enrolled ple of OhioT a joint resolution of the following title; when the Speaker pro tempore Mr. COX. Both of them. [Laughter.] signed the same. Mr. SMALLS. It is a good thing if the gentleman is indorsed by Joint resolution (H. R. No; lfi3) to correct an error in the enrollment both of them. I do not desire to take up the time of the House, as of the post-office appropriation act. gentlemen on that side have only seen fit to allow us ten minutes to HEmS OF WILLIAM H. ARNOLD. debate on this question. Thank God, I hold in my hand the official investigation of the attorney-general of that State, and if that report The SPEAKER pro tempore, by unanimous consent, laid before the does not place everything charged in that former letter upon General House a letter from the Secretary of War, transmitting a report on Butler's head, then I do not know how any man can be proved guilty the bill (H. R. No. 3780) for the relief of the heirs of William H. Ar- of any crime within the borders of the United States. nold; which was referred to the Committee on War Claims. I have nothing to say in reference to the complimentary remarks of PENN'S COVE 1\ULITARY RESERVATION. the gentleman from Kentucky [Mr. JONES] in regard to General But- The SPEAKER p-ro tentpore also laid before the House a letter from ler. General Butler might have been in the days he knew him every- the Secretary of War, transmitting reports concerning the Penn's thing he has stated in regard to him, but I can tell him that since Cove military reservation, Washington Territory; which was referred General Butler left him he has either got into bad company or has to the Committee on Private Land Claims. been badly advised, for there has not been a row or riot in South Carolina since reconstruction in Edgefield that General Butler has not PROTECTION OF TEXAS FRONTIER. led; lle has been the leader of every riot or outrage perpetrated upon Mr. SCHLEICHER. I now renew my motion that the House re- the good people of that State. solve itself into Committee of the Whole on the state of the Union Why, sir, this military company is a regularly organized body of for the purpose of resuming the consideration of the joint resolution the militia of that State. It was celebrating the Fourth of July, and (H. R. No. 96) to provide for the protection of the Texa~ frontier on men having no authority at all asked those men to give up their ariDH. the Lower Rio Grande. Pending that motion I move that all debate The CHAIRMAN. The gentleman's time baa expired. on the pending section and the amendments thereto be limited to Mr. SMALLS. I ask that the report of the attorney-general of the twenty minutes. State of South Carolina be printed as a part of my remarks. Mr. SMALLS. I ask the gentleman to allow a little more time. The CHAIRMAN. The Chair hears no objection. Twenty minutes will allow only ten minutes for each side. I hope Mr. SMALLS. Also the statement of the coroner and other papers. the gentleman will agree to give at least an hour. The CHAIRMAN. The Chair hears no objection. Mr. GARFIELD. I trust the gentleman from Texas will at least The papers referred to are as follows: consent to allow thirty minutes. I think that will be satisfactory. DOC ADAMS'S ST.A.TKMEN'l'-THE STORY OF THE TWQ-HOURS 1 SIEGE, AND HOW liB Mr. SCHLEICHER. I accept the suggestion of the gentleman WITH .A. DET.A.CIDIE~"T OF HIS COXPANY ESCAPED FROM: THE AIUlORY. from Ohio [Mr. GARFIELD] and modify my motion accordingly. [l!'rom our special correspondent.] The motion to limit debate in Committee of the Whole upon thA AIKEN, SoUTH CAROLINA, July 12. pending section and amendments thereto to thirty minutes wa.a I send yon a. statement of Doe L. Adams, the capt1in of the militia company, _,_ agreed to. just as it bas been given by him. He saw a part of the affair and was quite a.n in· _.,- 'fhe 'luestion recurring on the motion of Mr. SCHLIECHER that the terested party. Here is the statement: _, __. House resolve itself into Committee of the Whole, it was agreed to. I am captain of Company A, Eighteenth Re¢ment National Guard of thl" ~t.M:e The House accordingly resolved itself into Committee of the Whole, of South Carolina, which company has been stationed a.t Ham burgh; in fact it was made up there from tho citizens of the town and vicinity. (Mr. MONROE in the chair,) and resumed the consideration of the joint On Saturday, the 8th day of July, about half past four o'clock, General Butler, resolution (H. R. No. 96) to provide for the protection of the Texas with about thirty or forty men, a&;embled at the office of •rrial.Justice Rivers, in frontier on the Lower Rio Grande. RaiD burgh. The occasion of this waa because at tbat hour the trial of the militia. The CHAIRMAN. When the committee rose it had under consid- officers was to take place. I went to Trial.J"ustice Rivers and stated to him that I and the other officers of the company did notwant to be tried before him that even- eration an amendment to section 1, offered by the gentleman from ing, and that we would give bond for our appearance before the circuit court. My South Carolina, [Mr. SMALLS,] which will be reported by the Clerk. reason for saying this to him was because I had heard threats made against myself The Clerk read a.s follows: and others by the forty or more armed men who were crowded round Rivers's otlice. On mal..-ing this statement to Rivers he told me I could use my own judgment about Provided, That no troops for the purposes named in this section shall be dJ:awn the matter, aa he was of the opinion himself that it would be unsafe for myself from the State of South Carolina so long as the militia of that Stat-e peaceably as- and the other officeys to be tried at that time. I, having concluded not to go to the sembled are assaulted, disarmed, and taken prisoners, and then massacred in cold court, a committee came from ~neral Butler for me to meet him at the liouse of blood by lawless bands of men invading the State from the State of Georgia. S. B. Spencer, where a hundred or more armed white men were congregated. I refused to go, believing my life woul is the party of reform and retrenchment in the city of New York from under the teachings of such men as my colleague from the Troy district. which my colleague [Mr. Cox] hails. One word more and I am done. A proper amendment to this bill, But, sir, we have not told the whole story yet. Tammany elected ad absttrdunt, would be that the Army should not be moved from the judges to protect these thieves and robbers-George G. Barnard, Mc- State of New Jersey because of the troubles there recently in New- Cunn, and Cardozar--every one of whom was impeached and two of ark, where several men. were murdered in a tannery and in a river; them convicted and one resigned. But, sir, we are not through yet. or from Indianapolis or Pennsylvania, or anywhere else where there There are now some decent judges in New York and Tammany op- is any conspicuous trouble or crime. ·w hat I stand for here is not to posed every one of them, and if Tammany opposed them my colleague recriminate against South Carolina or to answer criminations against who sits over there talking about purity and reform voted against New York. '!'his South Carolina amendment came here not by our every one of them, for he ha-s never found occasion to quit Tammany motion. But when the black race is arrayed against the white race, yet. And when Boss Tweed's successor, the noted John Kelly, came when the gentleman from Georgia [Mr. HARTRIDGE] rises here and and waved his wand over him .as he sat in our Speaker's chair and a.s ks time for a fair discussion and a fair hearing of these charges, it sald to him, "Come out of that chair and go with me to Saint Louis to becomes us, when important legislation is asked for on a bill connected carry out the great farce which we have planned," and said, "We have with the defense· of the border of Texas, to inquire into tbe facts of the elected our delegates, and we want you, Brother Cox, to go with me case and to wait for the inquest to develop the true state of the facts. to Saint Louis jn the attitude of the brother of tbe temperance lee-· [Here the hammer fell.] turer. You know that while the one brother was lecturing on temper- The CHAIRMAN. 'l'be time of the gentleman has expired. ance the other was exhibiting himself as an awful example; and that Mr. GARFIELD. It is not the least saeriod, from any State or service where troops shall now be stationed, if, in the judgment when I as a member of Congress should be called upon to rise in my of the President, the public service requires the continuation of troops in such place and speak upon the subject that now is occupying the atten- localities. tion of the House. I was in hopes that the time had passed in South Mr. SMALLS rose. Carolina when these outrages, these deeds of blood and murder could :Mr. RANDALL. I suggest to the gentleman from Texas-- ever occur agn.in. I was in hopes they were forever passed. The CHAIRMAN. The gentleman from South Carolina is recog- I can remember, Mr. Chairman, that in 1868, during the memorable nized; but no debate will be allowed. l!,or what purpose does the election in the third congressional district, which I had the honor to gentleman rise' represent on this floor, there were nearly three hunclred of our citi- Mr. SMALLS. I rose for the purpose of accepting, if it is in my zens that were murdered; so that this outrage that has been perpe- power to do so, the substitute of the gentleman from Texas for my trated in Edgefield is nothing new in the history of South Carolina.· amendment. Over three hundred of my constituents at that time suffered loss of Mr. HALE. The gentleman has a right to do that. life by adhering to and advocating the principles of the republican Mr. CONGER. I move an amendment to the substitute. party. But while this state of aifairs has existed, I do not want to . Mr. COX. I call for the reacling of the substitute. make the statement to-day to this House, nor do !believe it, that even The CHAffiMAN. The Clerk will report it again. in South Carolina all the white men who belong to the democratic The amendment offered by Mr. HANcocK was again read. party are in favor of the murderers. I do not believe t.hat. On the Mr. COX. I hope that will be voted down. contrary, I know there are many men in our State that belong to that Mr. CONGER. I desire to offer an amendment to the amendment. party who are as much opposed to these deeds of blood and violence I move that the words "or hereafter" be inserted after the word as I am. "now ;" so that it will read "where troops m~ty now or hereafter be But I do state t.o-day, and I stated fro.m the knowledge that I have stationed;" so that it shall be a law which shall have force hereafter gained from experience, after nearly eleven years' residence in South as well as at this time. Carolina, and having been intimately connected with the politics of Mr. HANCOCK. I have no objection to that. that State during that time-! do state that there is an element in Mr. COX. I hope the amendment will be voted down. the democrat.i c party either controlled or partly controlled by the Mr. RANDALL. I would like to know who is the Commander-in- men who headed the band of murderers at Hambilrgb, a party Chief of the Army of the United States, the President or Congress t headed by such-men as General 11!. C. Butler and General Geary, and The CHAIRMAN. The Chair is obliged to say to the gentleman men of that class, who by their nets and their words, by their counsel from Pennsylvania that debate is not in order. The question is on to the people who do these deeds of blood, urged them on to commit agreeing to the amendment of the gentleman from Michigan to the theso great crimes. ·while perhaps General Butler would be too much amendment of the gentleman from Texas. of a gentleman or too honorable a man to shoot a negro if he had Mr. PAGE. The gentleman from Texna has accepted the amend- told him to run off, for the mere pleasure of seeing him fall, yet by ment of the gentleman from Michigan as a part of his own amend- his advice these dirty scoundr~ls and murderers who did that shoot- ment. ing were actuated and encouraged to do these deeds of blood; it was The CH.AlRMAN. Then it forms pa.rt of the amendment. The by just such men as Butler and Geary, of Edgefield County. Those Clerk will read it as now modified. are the men who advocated and recommended this outrage upon the The Clerk read as follows: colored people; and it was simply because they are members of the Provided, That no part of the troops provided for bythls resolution shall be taken republican party, because they cannot control their suffrages and get from any State or service where troops may now or hereafter be stationed, if, in the them to pnt them in office by their votes. They say to them, "Yon .judgment of the President, the public service requires the contitmation of troops m such localities. have to act with the democratic party in South Carolina, or we will make you do it." The edict has gone forth that a black man in Mr. COX. Would it be in order to offer an amendment to that, to South Carolina must either vote the democratic ticket in the future add the words: or follow in the foot.stops of those who fell at Hamburgh. It has Provided, The President be called upon by the ,constitutional authorities or the placed my distinguished friend from Mississippi- no, I do not know governors of the States for that purpose1 that he would allow me to call him that-it has placed him in a po- The CHAffiMAN. Is there objection to the amendment of the gen- sition to obtain a seat upon this fioorl to be elected to the Senate. tleman from New York f He says that they have peace in Mississippi and in Arkansas. So they Mr. PAGE. I object. have; but it is the peace of the grave; it is lasting peace to the Mr. COX. I have a right to offer that amendment. colored man and to the white man who dares to advocate those great The CH.AffiMAN. The gentleman from New York will reduce his principles of civil and religious liberty that have been advocated by amendment to writing and send it to the Clerk's desk. the leaders of our party-principles which came down to us from our Mr. COX. I will not press this amendment, though it be a consti- forefathers, and which it is our duty to perpetuate and hand down to tutional one. I will simply ask that the amendment of the gentle- our children as a sacred heritage. man from Texas be voted down. [Here the hammer fell.] · Several members called for the regular order. Mr. HOGE. I believe that I am entitled to an hour. 1\Ir. COX. I ask that the amendment be again reported as it now The CH.AffiM.AN. No; the general debate was closed upon this stands with the addition suggested by the gentleman from Michigan, bill some days since. (Mr. CONGER.) 1\Ir. HOGE. Then I desire to have printed as a part of my remarks The amendment, as modified, was again read. a statement of Governor Chamberlain upon this subject. The question bemg taken on Mr. HANcocK's amendment, as mod- Mr. EDEN. I object. ified, there were-ayes 90, noes 95. Mr. COX. I rise to oppose the amendment for the simple purpose Mr. CONGER called for tellers. of saying that it is a sign of good ·government where the people are Tellers were ordered; and Mr.HA.NcocK and Mr. SCHLEICHER were contented. The people of South Carolina are not contented. appointed. There is something wrong, but my friend from Ohio-! mean from The comniittee again divided; and the tellers reported-ayes 86, South Carolina, although I believe he came originally from Ohio- noes 83. · 1\Ir. HOGE. I did not carpet-bag as you did. I took a knapsack So the amendment was adopted. instead of a carpet-bag; that is all. The CHAIRMAN. The Clerk will report the second section of the 1\Ir. COX. I have no doubt that the gentleman had a knapsack and joint resolution. · a trunk, too, for he had more to carry than I could possibly get to- Mr. CLYMER. I move that the committee do now rise. gether; but I wished to have read only when about to be interrupted The question being taken on the motion that the committee rise, a pertinent extra-ct from a report, No. 481, part 2, of the Forty- there were-ayes 71, noes 92. third Congress, first session. It is a very good description of that sort Mr. COX. I call for tellers. of government in South Carolina which has provoked so much mis- Tellers were ordered; and Mr. SCHLEICHER and Mr. CLYMER were conduct and for which the Federal Government should not be called appointed. upon to give a remedy. I ask the Clerk to read the extract I have The committee again divided ; and the tellers reported-ayes 73, marked from that report. noes 8:3. Mr. RAINEY. Unless the gentleman will allow me to put in a So the committee refused to rise. counter-report, I will not consent to the reading of the extract. The CH.AIRMAN. The clerk will now report the second section of The CHAIRMAN. The gentleman from New York has a right to the joint resolution. have it read as a portion ofhis remarks. The Clerk read the second section, as follows: The Clerk read as follows: SEC. 2. That, in viewofthA inahilityof the national government of Mexico to pre- Their allegations are, in substance as contained in the memorial and as made vent the inroads of lawless parties from .Mexican soil into Texas, the President is known to the committee in its presentation, that the entire population of the State hereby authorized, whenever, in his judgment, it shall be necessary for the protec- consists of 415,814 negroes and persons of color ~d ~9,667 whites; that of P.ll these tion of the rights of American citizens on the Texas frontier above described, to only about 300 000 are tax-payers, and a.ll the remamder are non.ta,x.pa.yers and a order the troops when in close pursuit of the robbers with their booty to cross the very large pro:Portion non-property.owners; that the present taxable varuea or prop- 4714 CONGRESSIONAL RECORD-HOUSE. JULY 18, erty of the State of all kinds on which taxes can be now levied amount in the ag- We are as tired of southern misrule as you are. This misrule is grE\gate to about the sum of 150,000.000 as against the taxable values of the State not a one-sided matter So nth aa well aa North. The rascals hunt in oefore the war of $500,000,000; that the annual levies of ta.xes now amount to the pairs, as they do in the North. enormous sum of 2,500,000 levietl upon the 150,000,000, as against a little over When you catch a Belknap you catch a Pendleton with him. $400 000 leviod upon the S51)0,000,000 before the war. This astounding exhibit is in no way met or motlifietl by the suggestion of the majority that before the war slaves [L~nghter and cries of "0~" "0! 1' on. t~e clemocratic s:ideoftbeHouse.] wm·e estimated in making up the taxable values, or that pfr capita taxes and taxes upon trades and vrofe8sions were levied. There stands the present levy of So m the South, the stea.lmgs are dtv1ded between the parties. I beseech and implore you, men of the South, to stop t.hese outrages $2,500,000 upon the valuat-ion of 150,000,000, whereas before the war only about upon the black man, thus re toting confidence in you in tho N ortb $400,000 was levied upon the lleople and property of $500,000,000 in all the ways and and then henceforth we will dwell together in unity, peace, and good~ forms suggested. Nor is th1s increase of the oppressive burden made to a.ppear any the less by the comparison of it with the levies in other States, for the reason will. The horrors of the war will be forgotten. Then we w1ll go that the actual levies in South Carolina are scarcel.v a moiety of the moneys ex- band in band exalting and glorifying the Republic. pended the debt growing and increa.sing at an annual rate greater than the taxes as essed. Mr. LE :MOThTE obtained the floor. (Here the hammer fell.] The CHAIRMAN. Before the gentleman from Iitlinois [:Mr. LE Mr. HOGE. I withdraw the formal amendment. MoTh'E] commences his remarks, the Chair begs leave to make a 1\fr. FOSTER. I renew it. I have a word to s&.y on this subject to single suggestion. That is, that as gentlemen on both sides of the gentlemen from the South. It has been my good or bad fortuue House will have their opportunity to be heard, it would be much bet- politically (I do not know which) to join other gentlemen in are- ter not to interrupt gentlemen whCI are speaking where they decline port on Louisiana affairs in which the truth was tnld when it bore to yield; let tho e gentlemen save their remarks until they them· he!lvily on my party friends. I denounced the fraud of the returning selves have the floor. board of Louisiana, and joined heartily with Mr. WHEELER in bring- Mr. LE .MOYNE. Mr. Chairman, I do not propose to talk politics, ing about the compromise that bears his name. I have never failed and it may be as well for the committee now to consider some ques- to denounce my party when I found it in the wrong. tions of law involved in the resolution now before us. It has already I concede that you have had bad government in some of the South- been somewhat discussed, and I have been surpri ed at some of the ern States, perhaps in South Carolina, though I doubt it now. Under propositions of law adduced in its support, and quite surprised at the Governor Chamberlain the government of South Carolina has great.Jy argument of thfl.t eminent la.wyer the gentleman from Virginia, [Mr. improved. TucKER.] He says we are warranted in taking the course author- lf I know myself I have none but the kindest feelings for the peo- ized by this resolution by the law of nature-by the right of self- ple of the South. I long to see the day when peace shall reign preservation. He sur~Iy will not contend that our solf-preservat.ion, throughout your borders, when prosperity shall bless all your under- the preservation of our. ~oyereignty, depends upon restoring the takings. I long to see the day when we will hear no more of the property stolen from thec1t1zens of Texas. Not taken by the authority color line; when every man, be he black or white, shall be in the full, of any State or government, but only by the theft of outlaws. What- unrestrained possession of every right vouchsafed to him by the Con- ever rights we have by the law of nature we h'1ve in common with stitution and the laws. all other nations. .Mexico is as fully entitled to self-preservation as I cannot, however, close my eyes to scenes of horror and bloodshed, we are, and we have no natural rights which we are not bound to of which the Ham burgh massacre hi a sample; scenes and outrages yield to her. Yet by the proposed action you override a.nd destroy that would disgrace the savage. her nationality. You assume to send your representatives without Talk not to me about your chevaliers, your men of high honor, her consent into her territory, where she has exclusive Jurisdiction, when they stand by and wituess (and, as I believe, encourage) the bar- to control n,nd dispose of the rights of property. You do this as a barities of Hamburgh. nation. You disregard her rights and treat with contempt all her ~·e Mississippi outraues and tactics to be transplanted to South authority. But the gentleman says it may be considered as an act of Carolina f Did you sell ont the solid vote of the South to Tilden; "reprisal," and this is not a belligerent act. Reprisals have always and do you propose to ratify your bargain by scenes of bloody bar- been considered sufficient cause for the declaration of war, and I barity, a parallel of which can only be found in the South where you would a kif the gentleman can adduce a single instance within the prate so much of honor and high breedingf present century where a reprisal has been made that it has not been Let me tell you, gentlemen of Georgia, that it lies within your followed by war, and we all know that in modern times a repri ai power to stop these infernal outrages. Be as active in huntin~ out made on the property of persons residing within the limits oi the the human fiends who crossed the bridge at Augusta, Georgta, to state making it would be certain to produce war. How much more Ham burgh, South Carolina, wi tl;t artillery to shell out of the cita-del certainly would it do so if it was made by invading the territory of the forty negroes that could not be dislodged by hundreds of armed the nation to be punished t But this is not an ordinary reprisal, whites from your State and the State of South Carolina. See that where the amount of damage is a-scertained and compensation for they are caught and punished. that amount t:1ken. It is a reprisal without limit as to timo and Mr. COOK. What evidence is there that a single man went from without measure as to damage. Georgiaf The gAntleman by his illustration recognizes the rule that the same Mr. CONGER. I call the gentleman to order. general principle prevails in inter and intra national law. He says, 1\lr. COOK. These men never went from the State of Georgia. "If a dog attacks me and by one of my limbs pulls me within the Mr. FOSTER. They did. General Butler admits it. border of my neighbor, have I no right to follow him up and ma.ke 1\fr. COOK. No, sir. him desist f" Does he mean that the Mexican thieves are likely to Mr. FOSTER. When you have caught and punished these men drag our solcliers across the lineT I presume not; if they did, our sol- then sing to us a panegyric to the vindication of outraged law, in- diers would hardly be in condition to then either cap\ure them or re- stead of talking to us about noble blood. Ay, a nobility that mur- cover the property. A more :1pt illustration would be this: If I l~e ders in cold blood a captured negro. my property, may I break into my neighbor's house by force and seize If you gentlemen have not the influence to stop these outrages it or its equivalent in value f Such measures of redress subvert all you are not fit to be Representatives in the American Congress. You government and abrogate n,lllaw. But what will be the practical op- can do it if you will. ·when you have tried and have succeeded you eration of this resolution. It provides that the President may when will hear the most welcome shout of "Well done, good and faithful he thinks proper order the military to cross the frontier. It is not in- servants" that has been heard since the dawn of Christendom. 'Ve tended when the occasion arises to then procure his authority. No; will fall on your necks and rejoice. he must deputize his discretion-must deputize it to the commander [Laughter on the democratic eide of the House and loud cries of of every little post along the frontier. When any man loses his cat- "0, no!"] tle, he applies to the officer to get it for him across the border. The Mr. COOK. You must not fall on my neck; you have fallen on our officer is then in much the same position as a sheriff executing a writ property and on our rights aa it is, and now you want to fall on our of r~plevin, except that the sheriff is armed with a writ issued by a necks. [Laughter.] judicial tribunal, which has found that there is sufficient cause for Mr. FOSTER. We did fall on you, and you remember the fall. the issuing of the writ. When the sheriff is armed with this writ, he Stretch out your hands in charity to God's poor whom you have with can only execute it within his own bailiwick. you. Give them to understand by every act of yours that you rec- The sheriff has no authority beyond t-he jurisdiction of the court ognize their complete political rights. Wipe out all distinctions in issuing the writ; but here you would :1uthorize one of your servants your laws on account of color. to exercise his functions in ter_ritory over which you have no control Let them feel and know that their old masters are their friends, whatever. and that they will if need be fight the world in arms to preserve [Here the hammer fell.] their liber4;y, notwithstanding it was obtained against the masters' The CHAIRMAN. The five minutes of the gentleman have expired. will. Mr. COCHRANE. I take the floor, and yield my five minutes to Your professions will not do. These barbarities ~ust cease. If the gentleman from Illinois, [Mr. LE MOYNE.] they do not you must expect that the power of the Government will Mr. CLYMER. I move that the committee now rise. be exerted to its full limit if need be to protect the humblest African Mr. COCHRANE. I hope not till the gentleman from Illinois has in your midst. concludecl his remarks. Lay not the flattering unction to your souls that because you can Mr. FORT. The gentleman from Illinois [Mr. LE MoYNE] is en- give Tilden a united vote be will be elected. titled to the floor, and cannot be taken from it by v, motion that t!le The instrumentalities used to bring about a united South for Til- committee rise. den will as certainly give the North to Hayes. The CHAIRMAN. The Chair is of the impression that that is a 1876. CONGRESSIONAL RECORD-HOUSE. 4715 sound view of the case. The gentleman from illinois [Mr. LE MoYNE] bridled; but under a rule which I desire the Clerk to refer to, the de- will proceed in the time yielded to him by the gentleman from Penn- bate when the House is in Oommittee of the Whole upon a special order sylvania, [Mr. CocHRANE.] must be confined to the question under consideration and cannot take .M:r. LE MOYNE. I thank the gentleman for his courtesy. the latitude which the gentleman from South Carolina is now seek- It is said this is not an ad of war. Then it is a peaceful function. ing to take. If you can authorize such an act by a military officer, can yon not also The CHAIRMAN. The Chair is aware of the point which the gen- confer authority upon a civil or judicial officer f Can you send a tleman makes, and has thought of it often during the debate, but has judge into Mexico and by the authority you confer can he adjudicate inferred that it was thr wish of the whole committee to allow speak- upon property there found f Of course not. Yet, by every principle ers t.bis latitude. The Chair dislikes-- of either natural or positive law, you can as fully anthoriz.e ~:~uch acts Mr. HARRIS, of Virginia. But any gentleman can raise the ques- by a judge as by a soldier. But the soldier, upon being applied to tion of order whenever he thinks proper, and the Chair must then en- by a claimant, enters Mexico, is shown the propert.y claimed; but force the rule. some one else, being in pos ession, also claims it. In all civilized com- The CHAIRMAN. The Chair thinks it would hardly be fair to munities under such circumstances a judicial tribunal hears the claim- make the point now, just before adjourning, against a gentleman ants and determines their rights. But here an officer of dragoons is who has but a few minutes left. the court; an officer who is acting under the inftuence and perhaps con- Mr. HARRIS, of Virginia. That is a matter for the party who trol of one of the parties; and he disposes in this foreign territory of makes the point, not for the Chair. the rights of property, no matter how large or important the interests Mr. RANDALL. What is the rule 7 concerned are; and from this decision there is no appeal unless it be Mr. MAcDOUGALL. I think five minutes more upon this question an appeal to arms, which would be the only appropriate n.ppeal, as will not ht:J.rt gentlemen on the other side. the only law governing such a tribunal is t.he law of brute force. But Mr. HOGE. There is this prejudice existing in the mindB of the this officer at once proceeds to execute his own judgment, to remove white people where slavery has existed; it is one of the results of the property beyond the jurisdiction of the only tribunals having the that institution. This opposition to the colored man and to his en- right to control it. joyment of civil and political rights has come under my observa- The condition of Texas is greatly to be deplored, ancl her citizens tion in South Carolina and other States of the Union having a similar have the right to be protected; but modern civilization has some state of society from the commencement of recon~:~truction up to the rights, and the decencies of nationality demancl some deference. present day. There is a deep-seated hatred against the black man. I do not argue this upon any sentimental grounds or urge the rights There is but one thing he can do to win forgiveness from his old mas- of the weak republic, &c., for I have a certain degree of contempt for ter; that is, to bow down to him, to surrencler all his political rights, the so-called rights of the skulking savages that infest our borders; and agree to vote the democratic ticket. but we cannot afford to do wrong. Our own honor demands that we Mr. Chairman, the gentlemen from Georgia who have spoken on this regard the principles of universal law. Our good name forbids that question and condemned the acts of these men must not forget that we trample on the rights of any, however weak, however mean, how- some of the men from the soil of Georgia dared to cross the Savannah ever despicable the victim. River and invade the sacred soil of South Carolina without any au- To pass thiB resolution would in my opinion be discreditable to this thority of law, without being called upon by its government, and House as a body of lawyers and law-makers. To attempt to carry it took part in these murders, assisting in shooting down private citi- into effect would be a cowardly act, disgraceful to a powerful people. zens of South Carolina. And it is not the first time citizens of Georgia Mr. BANKS. Mr. Chairman, in my remarks yesterday I spoke of have crossed the Savannah River to invade the rights of black men an amendment which I proposed to offer as a substitute for the sec- in South Carolina. They have been doing it ever since 1868 up to ond section. I ask now to submit it. the present hour. The edict has gone forth that they intend to carry The Clerk read as follows: South Carolina, that they intend to do it peaooably if they can but That whenever it shall appear to the President that the government of Mexico by violence if necessary, just. as Georgia has been carried and is to- is unable to prevent the existing lawless invasion of the territory of the United day under the control of the democratic party. States from Mexico for purposes of plunder or robbery, he shall be, and hereby is, 'fhe CHAIRMAN. The gentleman's time has expired. authorized; if in his judgment it becomes necessar.v, after due notice to the gov- Mr. HOGE. And Mississippi is in the same condition-- ernment o1 Mexico, to order the troops charged with the defense of the territory of the United States, when in close pursuit of such invaders, to cross the Rio Grande The CHAIRMAN. The gentleman's time has expired. and to use such means, not amounting to acts of war, as may ue requisite for tho Mr. HOGE. Arkansas is in the same condition-- recovery of stolen property a-nd to protect the citizens and territory of the United The CHAIRMAN. The time of the gentleman bas expired. States against the acts of outlaws and robbers. Mr. COX. I rise now for the purpose of ending this political debate. 1\Ir. BANKS. I do not wish to make any extended remarks on this Mr. PAGE. I make the point of order that the gentleman from question, but simply to say that the difficulty in this case is that the New York bas spoken on this subject. invaders of Texas, after committing their robberies, cross the river, .Mr. COX. But not on this amendment. stop on the opposite side with their booty, and there defy our troops. Mr. HOGE. I have had but three minutes of my time, the other This amendment, without involving the country in any danger of two having been taken np by questions and points of order. war, would authorize the President, if he thought it necessary nuder The CHAIRMAN. But the Chair gave the gentlen;J.an his full time, the circumstances, after due notice to the government of Mexico, to exclusive of interruptions, and the gentleman from New York is now order the troops to cross the river and recover the stolen property. entitled to the floor. The proposition is entirely within the rights and powers of this Gov- Mr. COX. Mr. Chairman, this debate was given a partisan turn by ernment, and, will meet the whole difficulty without involving the the gentleman from New York, [Mr. ToWNSEND,] who crossed over Government in any danger of war. the border for the purpose of bringing in matters irrelevant to this Mr. MAcDOUGALL. I move to amend by strikingouttbelast word, Mexican question. a.nd yield my time to the gentleman from South Carolina, [Mr. HOGE.] Mr. HOGE. The gentleman will allow me to ask the House forthe Mr. HOGE. Mr. Chairman, in addition to what I have already privilege to print. said, permit me to remark that the opposition to the colored man in Many ME:\ffiERS. "No!" "No!" the South, leading to these deeds of violence and blood, is the result Mr. HOGE. I merely wish to print this little statement of facts. of the prejudice existing in the minds of the white people there against The CHAIRMAN. Objection is made by many members. him aa a colored man-the prejudice of race. It is the objection they Mr. COX. I hope I will not be interrupted, Mr. Chairman, while have and have had to him-- you are in the chair. . Mr. SCHLEICHER. 1\Ir. Chairman, I rise to a question of order. Mr. HOGE. I only ask that to be done. .AI3 long as the amendment of the ·gentleman from South Carolina Several members objected. [Mr. SMALLS] providing that troops should not be withdrawn from The CHAIRMAN. The gentleman from New York has the floor. that State was pending to the first section, all this debate came with- Mr. COX. The gentleman from South Carolina should not take up in the scope of the question before the committee. But since that my time. . section has been passed, I do not see what earthly connection there Mr. HOGE. I ask the gentleman from New York to allow me to is between the subject which the gentleman from South Carolina ask to print additions to my speech. Doea the gentleman object f [Mr. HOGE] is now debating and the question before the committee. Mr. COOK. I object to the printing of any libel upon the State of • The CHAIRMAN. While the Chair agrees with the gentleman Georgia from any newspaper. from Texas [Mr. SCHLEICHER] as to the questionable pertinency of Mr. COX. Under the domination of the other side for many years much that has been said on all sides of the House, yet this latitude when it was in the majority upon this floor, we never had a chance of debate, so far as the Chair knows, has always been allowed upon to respond at the end of a debate. I claim the right now at this time subjects of this kind, and therefore the Chair permits it to go on. to respond. Mr. HOGE. I find that this state of affairs is the result of that Mr. GARFIELD. 0! prejudice which has grown out of the institution of slavery, a con- Mr. COX. The gentleman never rises to a moral attitude when he dition of society in which men have been in the habit of carrying interrupts me. He is always making remarks in his seat which are revolvers and bowie-knives and of resorting to the shot-gun to settle reported, but he does not give a fair chance for answer by allowing their personal difficulties. what he says to be heard. Mr. HARRIS, of Virginia. I rise to a question o£ order. I think The gentleman from Ohio [Mr. FosTER] made a tender speech the Chair is under a misapprehension in one respect. When the House here to-day from a deliberate piece of writing, and then there was, is in Committee of the Whole on the state of the Union and has not as advertised for two days, an attack upon me; aud the gentleman under consideration a special order, tbe latitude of debate is un- from New York [Mr. TOWNSEND] and the gentleman over in that 4716 CONGRESSIONAL RECORD-SENATE. JULY 19, corner [Mr. Sl'rfALLS] made it to-day in pursuance of the notice. It :Mr. HOLM.A.lT. I move that the committee do now rise. was a partisan attack. The motion was agreed to. The gentleman from Ohio [Mr. FOSTER"] desired to fall on the The committee accordingly rose; and the Speaker p1·o tempore hav- necks of this side of the House for some good purpose or other. I ing taken the chair, Mr. MoNROE reported that the Committee of the understand that sort of affection. [Laughter.] Whole on the state of the Union ha.d, according to order, had under Mr. FOSTER rose. consideration the joint resolution (H. R. No. 96) to provide for the Mr. COX. Wait a moment. It is my chance, and my only chance. protection of the Texas frontier on the Lower Rio Grande, and had I say let him fall on the manly neck and form of the ~entleman from come to no resolution thereon. Texas, [Mr. SCHLEICHER,] who can support him. [Laughter.] Why Mr. SHEAKLEY. I move that the Hol?-Se do now adjourn. does he not tender his sympathetic affections to his own part.y, and LEAVE OF ABSENCE. fall on the neck of Mr. Bristow, who was discarded because he pur- Pending sued the guilty t [Laughter.] Why does he not fall on the neck of consent, granted as follows: the motion to adjourn, leave of absence was, by unanimous that other large man from Indiana, Mr. Pratt, who was turned out of the office of Commissioner of Internal Revenue t To Mr. FRANKLIN an extension for six days; A MEMBER. Because he was mnocent. To Mr. Ross, of Pennsylvania, indefinitely on account of sickness; Mr. COX. Yes, because he was honest. Or on Mr. Yaryan, or Mr. To Mr. POWELL for four days ; and Dyer for the prosecution of whi..,ky thieves f Or Mr. Jewell, whore- ness. To Mr. LA.."'DERS, of Connecticut, for two weeks on account of ill- tired for some reason as yet to the grand jury unknown f The motion to adjourn was agreed to; and accordingly (at five I know, sir, on whose neck he falls. I know where his sympathies are and where his class· of men fall, who so eagerly desire to be affec- o'clock and seven minutes p.m.) the House adjourned. tionate toward the South, and to this side, and to help South Carolina out of this trouble. They fall on the neck of McKee. [Laughter.] PETITIONS, ETC. And McDonald, and Joyce, and Babcock. [Lau~bter.] And Delano The following memorials, petitions, and other papers were pre- and Avery. [Laughter.] And sometimes they fall so as to embrace sented at the Clerk's desk under the rule, and referred as stated: a barrel of crookecl whisky. [Great laugbter.l By :Mr. HILL: Memorial of Mrs. Mary A. Washington for equita- Mr. COOK. And why do not they fall on tne Freedman's Bank, ble compensation for property at Hot Springs, Arkansas, of which which robbed the colored people of over $l,OOO,OOOf she has been deprived by a decision of the United States Supreme Mr. COX. The Freedman's Bank I have already referred to. Does Court, to the Committee of Claims. the gentleman from Ohio-does that side of the House-think the Dy Mr. JENKS: The petition of 100 oil-producers of Pennsylvania, republican party has not defended the Administration, a,nd thereby for the prevention of unjust discrimination by common carriers, to defended all these men f Let him read the plank in the Cincinnati the Committee on Commerce. republican platform now before me. By .Mr. McDILL: The petition of John Barke and 95 citizens of When the gentleman from New York [Mr. TOWNSEND] talks of Iowa, for the estauli hment of a post-route irom Red Oak to Sidney, Tweed and others with whom! have no association, I would ask how Iowa, to the Committee on the Post-Offices antl Post-Roads. is he on Yarvan f Mr. TOWNSEND, of New York. When did you dissolve your asso- ciation with Tweed ! Mr. COX. How is he on Babcock, on Williams, and the rest of the men that vour' President keeps in office f IN SENATE. Mr. TOWNSEND, of New York. ·when did you dissolve your con- nection with Tweed f WEDNESDAY, July 19, 1876. Mr. COX. ·I never had a connection with him t-o dissolve. It was the republican Legislature, of which yon were the great comforter, Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. that helped Tweed to commit his frauds upon New York City. Every- The Journal of yesterday's proceedings was read and approved. body knows that I never once gave my voice or vote to help him in PETITIONS AND l\fEMORIALS. my life; and I will submit to no such insinuation. · The PRESIDENT pro te11tpore presented the petition of Thaddeus 1tlr. TOWNSEND, of New York. You never voted free of Tammany influence since God made you. [Loud cries of "Order I" "Order!" S. Stewart, of Mount Pleasant, Iowa, praying for a pension; which and rappings of the Chairman's gavel.] You had to leave that chair, was referred to the Committee on Pensions. thank God. [Cries of "Order!" "Order I" and rappings of the gavel, REPORTS OF COIDIITTEES. during which Mr. TOWNSEND, of New York, matle further remarks Mr. McMILLAN, from the Committee on Claims, to whom was re- that were inaudible.] ferred the petition of A. B. Meacham, chairman of the late Modoo Mr. BURCHARD, of Illinois. I rise to a question of order. peace commission, praying compensation for injurios received in the The CHAIRMAN. The gentleman from New York [Mr. TOWNSEND] Modoc Indian massacre while treating with the Modocs under a flag will take his seat. of truce, asked to be discharged from its further co~ideration, and Mr. COX. If the gentleman nom New York intimates that I left that it be r eferrecl to the Committee on Pensions; which was agreed that chair at the beck of any man, he states what-is untrue. That to. statement ran for several days in the press, but there was no truth in :Mr. CRAGIN, from the Committee ou Naval Affairs, to whom was it. I was elected as a delegate from my district; and no alternate referred the bill (H. R. No. 800) relating to the promotion of commo- being there, I went to Saint Louis, but at no man's call; and that re- dores on the retired list of theN avy, reported it without amendment. mark is a falsehood from beginning to end. Mr. CRAGIN. The same committee, to whom was referred the joint [Here the hammer fell.] resolution (H. R. No. 148) in reference to the wreck of the United 1\Ir. COX. Now, I ask to say in conclusion-- States monitor Tecumseh, have bad it under.consideration,and have [Cries of ''Order!" "Order!"] . instructed me to ask to be discharged from its further consideration, Mr. COX. So yon do not want to hear any more! aml that it be referred to the Committee on the Judiciary. The CHAIRMAN. The time of the gentleman from New York has I beg to make a brief statement in relation to this resolution. The expired. The gentleman from Virginia [Mr. TUCKER] has been rec- United States monitor Tecumseh was sunk by a torpedo during the ognized. war in Mobile Bay ·in forty-five feet of water. There were Qn board Mr. TUCKER. I rise to offer the amendment of which I spoke the about one hundred and twenty-five officers and men. Only eight or other day as a substitute for that offered by the gentleman from Mas- ten of them escaped, and it is supposed that about one hundred and sachusetts [Mr. BANKs.l I ask that it may be read. twenty men are now entombed in the vessel. It was an iron-clad, I The Clerk read as foliows: and was sealed almost water-tight when it went down. In 1873 the SEc. 2. That the President of the United States be authorized and is hereby re- Secretary of the Treasury under authority of law sold this vessel t-o quested to present to the ~overnmentof Mexico a formal statement of the injuries a man uy the name of Slaughter, in Alabama., for $50, and he made and damages done to the citizens of the United States by the inroads and invasions certain assignments to other parties. They propose to blow up this of the United States by lawless banda from the Mexican states; and, further- vessel, in order to raise the iron, &c., and get at the safe and find more, to demand that the government of Mexico shall prevent and restrain all such what money there is in it, and what other property. There was a inroads and in;asion in future. If the Mexican governm ent shall not within four months after such formals tate. protest made against this proceeding as being an outrage upon the ment and demand take effective measures to prevent such inroads and invasion, the remains of the brave officers and men who are now entombed in this President of the United States is hereby authorized to use the Army of the United vessel. The owners applied to Congress for authority to be given States, or so much thereof as he may deem necessary, to drive out any banda of in· vaders and to pursue them into the territory of Mexico for the sole purpose of recov- the Secretary of the Navy to employ them to remove these bodies ering the property taken from citizens or others under the protection of the United and to inter them at the nearest national cemetery, a reasonable price States, guardin~ m all oases against any unnecessary injury to the persons or prop· being paid therefor. The House committee reported a. joint resolu- ertr, of pea.ceabte inhabita'nU! of Mexico. tion, which pa-ssed the House, forbidding the owners, the parties who The President is further requested at once to notify this joint resolution to the Mexican government with an earnest remonstrance against tfie wrongs done to the bought this vessel from the Secretary of the Treasury, from blowing people of the United States, and that while forbearing to take any measures but it up or disturbing it unless they first remove the bodies; and, if they such as are recognized as just and proper between nations at peace, the government refused to do that, to direct the Secretary of the Trea-sury to refund of the United States will be constrained, saving the peaceful relat ions between the to them the purchase-money with interest from the day it was paid. two countries, to take such action as is indicated by this joint resolution, unless the Mexican government shall effectually prevent the evils complained of in the As this involves a legal question, the rights of the owners to the ves- future. sel, &c., after its purchase, the committee thought best to report the - 1876. CONGRESSIONAL RECORD-SENATE. 4717 resolution back and ask that it be referred to the Committee on the (S. No. 842) authorizing the commissioners of the District of Colum- Judiciary. bia to remove the jail on Judiciary Square to grounds near to the The report was agreed to. Washington asylum for the use of the District, with an amendment, Mr. WRIGHT, from the Committee on Clai-ms, to whom was re- in which the concurrence of the Sena,te .wa.s requested. ferred the bill (S. No. 946) for t.he relief of Gibbes & Co., of Charles- ENROLLED BILL SIGNED. ton, Sout.h Carolina, reported it without amendment, and submitted a report thereon; which was ordered to be printed. The message also announced that the Speaker pro tempore of the He also, from the same committee, to whom was referred the bill House had signed the enrolled joint resolution (H. E. No. 153) to cor- (S. No. 221) to refund to the State of North Carolina certain moneys rect an error in the enrollment of t.be post-office appropriation act; therein named, reported adversely thereon; and the bill was postponed and it wa.s thereupon signed by the President pro tempore. . indefinitely. ORDER OF BUSINESS. Mr. WRIGHT. The same committee, to whom was recommitted Mr. FRELINGHUYSEN. If there is no other morning business, the bill (H. R. No. 3273) for the I'elief of Mrs. Ellen J. Brosman upon before the Senator from Oregon goes on, as I have to leave the Cham- what is claimed to be additional evidence, direct me to report it ad- ber, there is a bill which will create no discussion that I hope the versely. We find that the evidence which has been committed to us Senate will take up. I wish the Senat,e to consider the bill (S. No. in this case is Rnbstantially what we had before, and we again recom- 938) for the relief of George T. Olmst.ed, jr. It will lead to no dis- mend the indefinite postponement of the bill cussion. The bill was postponed indefinitely. Mr. KELLY. I cannot give way, because two or three Senators Mr. WRIGHT. A few days since the Committee on Claims reported have asked the same thing. If there is no further morning business upon the petition of James Tebault and others, praying additional I insist upon my bill being considered. compensation as laborers in the Treasury Department, recommending Mr. INGALLS. I gave notice yesterday that during the morning the rejection of the claim and the indefinite postponement of the bill hour to-day I s.hould ask the Senate to consider House bill No. 3625, (S. No. 820) for the relief of James Tebault and others. It was re- which is a matter of very great importance to a large number of peo- committed upon what was claimed and stated to be additional evi- ple in my State, and which has been pending for a considerable time. dence. We have con~idered that additional evidence, adhere to the I trust the Senate will allow me to get that bill up. former report, and again recommend that the claim be rejected. Mr. FRELINGHUYSEN. I think that an important bill, and I will The report was agreed to; and the bill was postponed indefinitely. help the Senator from Kansas to get it up if be will first help me to \ Mr. WRIGHT. I desire to say a word on this subject. I know that pass the bill for the relief of Mr. Olmsted. it is impossible for Senators, when appealed to to move for the recom- The PRESIDENT pro temp~re. The Senator from Oregon asked mittal of a case of this kind, to examine the testimony to see whether for the consideration of a bill upon the conclilsion of morning busi- there is or is not additional evidence such as would justify a recom- ness. Does the Senator from .Oregon yield to the Senator from New mittal. It imposes very great additional labor upon us to have these Jersey T cases recommitted from time to time and when we come to examine Mr. KELLY. No· I beg to be excused for the present. them find substantially the same evidence. Of course we cannot re- .Mr. ANTHONY. Then I rise to morning business if the Senator sist these motions; but I wish to saynowthatwhen a case shall have from Oregon objects. passed the time under the mle for a motion to reconsider to be made The PRESIDENT pro tempore. The Senator from Rhode Island I shall feel it to be my duty to resist such motion, unless I can have rises to morning business, which he will present. the assurance of the Senator making the motion that he has exam- ined the case and is satisfied that there is additional evidence of some ROCHAI\:lBEAU PAPERS. weight. Mr. ANTHONY. Mr. President, I offer a resolution of inquiry, and H. P. JONES & CO. I desire, in a few words, to state its purport. Among the distinguished Mr. BAYARD. I am instructed by the Committee on Finance, to foreigners drawn to Philadelphia by the exposition was the Marquis whom was referred the bill (H. R. No. 1427) for the· relief of H. P. de Rochambeau, grandson of the illustrious captain who led the forces Jones & Co., to report it without amendment and recommend its of our generous allies in the war of Independence, and who with favorable consideration. I ask that the bill II)ay be now considered. Washington received the surrender of Cornwallis at Yorktown. The It is a very small amount. marquis held, and I suppose still holds, the commission of the French By unanimous consent, the Senate, as in Committee of the Whole, government in connec' ion with the Exposition. A part of the purpose proceeded to consider the . bill. It authorizes the Secretary of the which he bad in visiting this country, with which his name is so Treasury to pay to H. P. Jones, P. B. Ruffin, and James F. Cain, closely and gratefully associated, and to which his hereditary attach- . trading as H. P. Jones & Co., the sum of $200.10, being the amount ment bas been increased by study and by intelligent observation, was of drawback of tax due to them on certain toba~co exported by them. to visit this capital, in order to better witness the workings of our The bill was reported to the Senate without amendment, ordered to Government and to make the acquaintance of our public men, An ·a third reading, read the third time, a,nd passed. unexpected summons from home called him away suddenly, and left this part of his plan unfulfilled. BILLS INTRODUCED. The Marquis de Rocbambeau has inherited the papers of his grand- Mr. KELLY. If there is no further morning business, I ask-- father. Among them are many of very great value connected with The PRESIDENT pro tempore. The Chair bas not called all the his service in America, including report.a of the etat nwjor, memo- orders. The introduction of bills is next in order. randa, letters, maps, charts, plans of battles, of marches, and of mil- Mr. HARVEY asked, and by unanimous consent obtained, leave to itary operations, which have never been made public. A gentleman introduce a bill (S. No. 996) for the relief of George W. Smith; which connected with our legation in Paris, a man of culture and scholar- was rea~ twice by its title, referred to the Committee on Military ship, well known to my friend from Indiana, [Mr. MORTON,] and who Affairs, and ordered to b~ printed. is himself addicted to historical studies, bas written to me on the .Mr. COCKRELL asked, and by unanimous consent obtained, leave to subject. After speaking of the marquis as an amiable and accom- introduce a bill (S. No. 997) for the relief of William Morrison; which plished gentleman, bearing a great nrune with undiminished honor, was read twice by its title, referred to the Committee on Claims, and be says: . ordered to be printed. I have been more especially interested in his acquaintance as I found that he pos- Mr. SARGENT asked, and by unanimous consent obtained, leave to sessed among his family papers a perfect treasure of untouched historical material introduce a bill (8. No. 998) for the pardon of deserters from the which concerning our revolutionary war. You are aware that in the records of that period have been preservetl there is a comparative paucity of staff reports giving United States Army; which was read twice by its title, referred to minutim and technical data, which form the basis of accurate military history. It the Committee on Military Affairs, and ordered to be printed. is precisely in this kind of material that the Rochambeau papers are richest. I have repeatedly talked with the marquis since I have seen these archives of the fit. BILL RECOMMITTED. ness of allowing them to be printed and the originals preserved by our Govern· Mr. MORRILL. I am directed by the Committee on Finance to grandfather, ment. He is aniwted by a very lib{'oral spirit and a just pride in his illustrious and it""will not be difficult to make some arrangement which will pl:lce move that the bill (S. No. 530) to re-imburse purchasers at direct-tax the documents within the reach of all historical students. sales in Arkansas declared illegal by United States courts in conse- quence of a defective board of commissioners be recommitted to the Mr. MORTON. By whom is the letter signed t Committee on Finance. :Mr. ANTHONY. By Mr. Hitt. The motion was agreed to. I also have a letter from the marquis, in which be confirms his de- sire to place these papers at the disposition of our Government, either MESSAGE FROM THE HOUSE. for publication, under his own edioorial supervision, or to be deposited A message from the House of Representative.s, by Mr. G. M. ADAMS, among the public archives. I am sure I need not, in this plaee and in · its Clerk, announced that the House bad passed a, bill (H. R. No. this centennial year, urge the importance of anything which illus- 1972) to authorize the construction of an inclosure around the United trates the military history of the Revolution, especially documents so States penitentiary at Boise City, in the Territory of Idaho; in which precious and authentic as these; and with a v.iew of obta,ining fur- it. requested the concurrence of the ilenate. ther information on the subject I offer the following resolution: The message also announced that the Honse had agreed to the res- Resolved, That the Committee on the Library be instructed to inquire into the olution of the Senate authorizing the special committees appointed by expediency and practicability of obatining the pape~ of the Count de Rochambeau each Hense to investigate the subject of the immigration of Chinese relating to the war of Independence and now in the possession of his grandson, the to this country to act as a joint committee. Margms de Rochambeau. The message further announced that the House had passed the bill The resolution :was considered by unanimous consent, and agreed to. 4718 CONGRESSIONAL RECORD-SENATE. JULY 19, GEORGE T. OLMSTED, JR. Public Lands propose to insert after the word "scrip" the words Mr. KELLY. Mr. President- "for quantities of la.nd not less than one section ; " and in line 12 to Mr. FRELINGHUYSEN. I ask the permission of the Senator from strike out the words" the subdivision" and insert the words ''one Oregon to enable me to move that the Senate proceed to the consid- section." eratiOn of Senate bill No. 938. The amendment was agreed to. Mr. INGALLS. I beg the Senator's pardon. Having given notice Mr. EDMUNDS. Let us hear the bill read as it stands now. yesterday that to-day, at the expiration of the morning business, I The PRESIDENT pro temp01·e. The bill will be read aa it now should ask the Senate to take up a bil1, it really seems to me that stands. courtesy to me would allow that matter to be proceeded with. The CHIEF CLERK. As amended, the bill reads: Mr. FRELINGHUYSEN. If my friend will permit me, I will state That the Commissioner of the General Land Office be, and he is hereby, author- that I called up t.his bill also yesterday morning. ized, under the direction of the Secretary of the Interior, to issue scrip for quanti- ties of land not leas than one section to the Ie9al owners of the land granted to the Mr. KELLY. And I have called up my bill two or threo times. State of Oregon by act of Congre s approved r.J uly 2, 1864, to aid in the construction Mr. INGALLS. The Senator from Oregon certainly has no prece- of a wagon-rOI\d from Eugene City to the eastern boundary of the State, author- dence by way of unfinished business in the morning hour. As when izing thl'-m to select and locate, of the unoccupied and unappropriated public lands I reported this bill yesterday I gave notice, and no objection was homestead of the United States, not mineral, and which are then subject to entry under the or pre-emption laws of the United States, and in tracts not less than one made, it seems to me, considering the importance of the bill, I cer- section, as pronded for in the United States lands laws, and if unsurveyed when tainly ought to be entitled to have it considered by the Senate now. taken, then to conform when surveyed to the general system of the United States Mr. FRELINGHUYSEN. The bill which I wish to get up would land surveys, a quantity of land equal in amount to the lands within the limits of have been passed by the Senate before this time if the Senator had by said grant embraced in the Klamath Indian reservation designated and set apart the Commissioner of the General Land Office a.1'e. The Senator from Oregon was rec- of lands embr~Wed in said reservation shall execut~ and deliver to the Commissioner the General Land Office a deed conveyina to the United States all their right, ognized, and he now yields to the Senator from New Jersey. The title, and interest to the sa. me: Provided further, That no scrip is ned in pursuance Senator from Kansas will be recognized after the Senator from Oregon. of tho provisions of this act, or any act of Uongress 'lmendatory or supplemental Mr. FRELINGHUYSEN. I move that the Senate proceed to the thereto, shall be located upon other th:m the public lands lying within the said consideration of the bill (S. No. 938) for the relief of George T. Olm- State of Oregon. sted, jr. Mr. EDMUNDS. lfr. President, I did not expect this matter to 'thA motion was agreed to. come up this morning, and my excuse for not being here is that I was The PRESIDENT pr() tempore. The bill is before the Senate. obeying the order of the Senate in attending a conference committee, Mr. FRELINGHUYSEN. The House hna already passed this same but it iB up and we mnst consider it, M little ready as we may be. bill as House bill No. 3855. I move to substitute it for the Senate This gra.nt to the State of Oregon is from Eugene City, by way of bill. Both of them have the unanimous report of the Military Com- a certain pa88 in the mountains n.e ar Diamond Peak, t.o the eastern mittee of each Honse. boundary of the State, and was for a military wagon-ro!l.d. Here is The PRESIDENT pro tempore. Is there objection T the Klamath Indian reservation in green, [exhibiting a map,] and Mr. ERELINGHUYSEN. It is suggested to me that it will re- this land grant runs with a broad red color sweeping across this Dia- quire the bill to go to the House again if we :tdopt a substitute, and mond Peak pass, then turning south and taking a swoop diagonally therefore I move that the Committee on Military Affairs be discharged across the reservation so as evidentlx_ to take all the best part of it, from the consideration of the House bill, as their report in the shape then bendin~ to the ea.st and south again clear to the southern bor- of the Senate bill is printed, and that the vote he taken on the House der of the ;:;tate, and then northeast up to the Territory of Idaho. bill. Undoubtedly I am bound to suppose that the topographical necessities The PRESIDENT pro tempore. The Chair bears no objection· and were such as to make it necessary to sweep in that particular way and the bill (H. R. No. 3855) for the relief of George T. Olmsted, Jr., is to pop down upon that identic::tl reservation and, as they say out West, befo.re the Senate as in Committee of the Whole. scoop it. Judging from the peculi:1rity that as soon as they got It authorizes the P:resident to re-appoint George T. Olmsted, jr., through the mountains they took a sudden turn to the south so as to late a captain of the Second Regiment of.Artillery, United States Army, cross that reserv1.tion, I take it there must have been some high to- a captain in the Army, and to duly commission him M the same. This pogrn.pbicalnecessity for it; and I want to have it borne in mind, as is not to be so construed as to authorize Olmsted to receive any pay the fact is as shown by the dateR of the statutes and of this Indian or allowances for any time that he has not been in the l*CtuaJ serv- treaty, that when this road actually started, before the legislative ice of the United States. grant took effect, the reservation bad been already set out by the The bill was reported to the Senate without amendment, ordered treaty and the Indians were being gathered upon it; 80 that when to a third reading, read the third time, n ud pa.ssed. the road was built there it was built ttl the knowledge of the build- LANDS IN KL.UI.A.TH INDIAN RESERVATION. ers across the reservation. The reservation did not cover the road, Mr. KELLY. Twice House bill No. 1316 has been under consider- but the road covered the reservation. ation, and I now move that the Senate take it up and dispose of it. Now I propose to show to the Senate, if I can have its attention, The ~otion was agreed to ; and the Senate, as in Committee of the for I have examined the subject a little more cat·efnlly than I did Whole; resumert. the consideration of the bill (H. R. No. 1316) to ad- when I ha.d the honor to address the Senate the other day, that the just the claims of the owners of lands within the limits of the Kln.- State of Oregon and its grantees never acquired any title at all to math Indian reservation in the State of Oregon, the pending question the lands within there ervation under that grant. I stated t.he other being on the amendment of Mr. SHERMAN in line 12, after the word day that that was my impre~ sion. A careful examination of the sub- "mineral," to insert" and which are then subject to entry under the ject since ha.s convinced me that my impression was perfectly correct, homestead or pre-emption laws of the United States." and that the people who are now making this claim for 100,000 acres The amendment was agreed to. of land to be taken somewhere else in the State of Oregon never had Mr. MITCHELL. I move to amend the bill by striking out, com- They any rights to lands in this reservation at all and have not any now. mencing in line 19, the following words: are neither the legal nor the equitable owners of a foot of that land. And likewise any indemnity lands within the limits of said reservation that have The grant was made, as will be found in volume 13, page 355, of the been selected and approved to the State of Oregon under the provisions of said act. Statutes at Large, on the 2d of July, 1864- The amendment was agreed to. :Mr. MORRILL. Let the bill be read. That there be, :md hereby is, grnnted to the Stat-e of Oregon, to aid in the con- The Chief Clerk read the bill. struction of a military wagon-road from Eugene City. by way of Middle Fork of Willamette River, and the most feasible pass in Cascade range of mountains, near Mr. MORRILL. This appears to be a bill in which my colleague Diamond Peak, to the eastern boundary of the State, alternate sections of publio took some interest and was proposing some amen~ts. I under- lands, designated by odd numbers, for three sections in width on each side of said stand he is absent on a committee of conference. I submit to the road. Senator from Oregon that it is hardly fair to take np this bill in his Alternate sections of public lands on a line to be laid down going absence. from Eugene City to the eastern boundary of the State passing near The PRESIDENT pro tempm·e. ':fhe Chair will state to the Senator Diamond Peak. I stated the other day-and that is perfectly well from Vermont that there was an amendment pending which the Chair settled law, every body knows it and I never heard it disputed-that WM not aware of, and it will-now put to the Senate, proposed by the a grant of that kind gave nobody any interest in any particular land Senator's colleague, [Mr. EDMUNDS.] The Secretary will report the until the grant should be located. If it were otherwise, no lands in amen.tlment. Oregon after t.his act could be sold to a pre-emptioner, taken up as a The CHIEF CLERK. After the word "a-ct," in line 31, the amend- homestead, or in any other way disposed of, bec~use they were all ment is to insert "or any act of Congress amendatory or supplemental subject to this mortgage and the settler might be turned out of his ther~to." possession by the subsequent location of the road over his sect.ion of The amendment was agreed to. land. That is not the law. These floating grants, I repeat, the law Mr. MORRILL. I do not know whether that is all the amendment is perfectly well settled, give no interest in any particular foot of my colleague proposed or not. territory at all until the location is made and the line defined by The PRESIDENT pro tempot·e. There are amendments of the com- marks upon the earth and notice given to the proper land officer. mittee not yAt acted on which the Secretary will report. Then all the lands that at t.hat time, at the time of the location, The CHIID' CLERK. In the fifth line of the bill the Committee on are the property of the United States and within the description of 1876. ' CONGRESSIONAL RECORD-SENATE . . 4719 the st~tut~ are tho~ to which the grant attaches and no others; so ~tis a conceded ~act that the lands embraced by it fall within the limits of the that, m this vast diStance of four hundred and sixty-one miles from railroad grant, wh1ch were enlarged by the amendatory act of 1804. Eugene City to the boundary of Idaho, every settler who between * * * * * * • There can be no question that by the withdrawal in question the grant took the 2d of July, 1864, and the time when in 1867 or in 1868 or wben- e.ffe~t upon such odd.numbered sections of public lands within the prescribed e_ver it was this road began to be located and built bad taken up his li.m1ts a~ ":ere not exclud.ed from its operation, and the question arises whether httle homest~ ~r his pre-emption clnim or his bounty-land claim lands w1thm the boundanes of an alleged Mexican or Spanish grant which wa.d only to so much of our national domain 88 miuh.t be· fice of the United States, so that it could be known where the float sold or otherwise disposed of, and that they did not emurace tracts reser;ed by as it is called, was to lie down, and when it did lie down it only at: competent auth~rity for any purpose or in any manner, although no exception of ta.ched to the lands that at that time, not at the date of the passage them was made ill the grants themselves. Our decision confined a grant of every !Llternate !'ection of land to such whereto the complete title was absolut~ly vested of the law, belong~d to tb~ United St:Ues and were ~ot in any respect ill the Uruted States. affected by the pnvate claims and pnvate ownersh1p. · That being the state of the case, this treaty was made in October, Now, mark what the court say next, which covers this subject com- 1864; made before the State of Oregon had accepted this land grant pletely: at all, before she bad transferred it to the Oregon .Military Road Com- The words "public lands" are habitually used in our legislation to describe such pany; and in that treaty this reservation was made and described by as are subject to sale or other disposal under general laws. That thev were so em- ployed in this instance is evident from the fact tha.t to them alone corud on the lo- metes and bounds, with territorial limits perfectly notorious to the cation of the road, the order withdrowing lands from pre-emption, pri~ate entry State of Oregon and everyuoay there, for it was in her interest that and sale apply. ' the reservation was established and the Indians were gathered in from .the rest .of h~r territory ~olive there. At that time, I say, this . If it be the law, as it certainly is settled to be, that the words "pub- locatwn of thiS Ind1an reservation was made, and at a time as I repeat he land.s" are habitual1y n~d in our legislation to describe such a8 wbe~ the State o~ Ore~on had not acquired a title to a si~gle sectio~ are subJect to sale or other d1sposal under general laws, then it seems of thiS land that lB clanned, or any other under the grant made by the to rue that it is perfectly manifest tllat the land covered by this act of1864. Klamath reservation doeR not fall within t.he grant made to the State ~ow the 9-ueation is simply whether the ri~htof the Indians under of Oregon, but exa.ctly the reverse. Even at the date of the act of this treaty IS to be. overborne and we are to ouy off these claimants, 1864, to go no further down, the Indian title, which was the only or whether the claimants or those from whom they claim under this question in the Lawrence, Leavenworth, and Galveston case had not grant were entitled to any alternate section within the Klamath res- been extinguished; and in no sense under the statutes of tb~ United erv~tion. I am perfectly convinced, as I have said, that they are not States were these lands occupied by the Indians that were afterward ent~ttled to ~ny a~ all. ~ecause at th.e date of the grant and at the date diminished to the reRervation kept for them and the rest of t.hem in of ~tslocatwn this In~an reservatton was not the public land of the the same treaty granted to the United States, subject to the general Umf":ed States the snbJet:t. of gran~ to a railroad company. One au- land laws of t~e United States.; they were not subject to entry; they t~onty ~or that-many mtght be mte(l-tbe last one decided this very were not subJect to pre-emptton; they were not subject to home- wm.ter, ~s the case of Newhall vs. Sanger. That arose in the State of stead; they were not subject to any of the land laws of the United Stll;~S. They were within its political jurisdiction and subject to its Cahforma. In that case there was a grant, I believe not merely of pu~lic land, as this act expressed it.t but a grant of the lands of the pohtical control; but as property of the United States it was property U~It~d ~t.ates to the :Western .Pacific Railway Company within cer- not yet .redu~ed to possession and. not. yet subject to grant, because tam hmt ts, twenty miles, I beheve, of the line of the road of all lands the Ind1an tttle ~ad ~ot been exti~gmshed; a~d although it is the of the United States by alternate sections. On one part 'of this road law that the Indian tttle to lands m States or m Territories held by after it was located and laid down, it was found that there was the1~ their original right is not a title in fee which they can dispose of by existing a claim uuder an old Mexican grant. It turned out within g.rant or conveyance, yet it is a title which gives them exclusive two weeks after the location of the road, by a decision of the Supreme nght of o~cupaocy forever until they cede it away or until by con- Court, ~bat that Mexic!l'n claim was absolutely groundless and that quest, aa 1-';1 t~e .ca~e of a w~r with a foreign nation, we acquire a the clatmant to that p1ece of land thus within the twenty-mile limit complete JUrisdiction over It. That was the state of it at that of the rail :way had no t~tle to i~ whatever, and that under the treaty tirite. of the Umted States wtth MeXIco of Hl48 the land was public prop- The law, therefore, Mr. President, as it appears to me and as it bas erty of the United States. As soon as this decision was made settlers appeared to the Supreme Court in its decisions now brought down to u~der pre-e:mption and homestead .and other rights, in accordance this last crystallized statement as to what is meant by the term "pub- with law-It does not make any. difference how they got in but it lic lands" in these land grants, wa-s that tbegranteesof thisri(J'ht to was un~er thesta~utes as to~ublic la~ds-went and took up ~orne of build this wagon-road under the State of Oregon and the grant the to t~e sectiOns on th1~ o~d Mext~a!l clauu. The railway company in- State of Oregon never attached to the land covered by the Klamath ~Jsted that both Withm the spint and letter of the law, inasmuch as reservation. More than all that, as I have said, the treaty by which It turned out that there waa not even a claim to this land on the part these lands were kept by the Indians and all the rest of their lands of anJ;body w:hen t.he statute was passed giving it to the company, in that part of Oregon were ceded to the United States was made nor a JUSt clarm on the part of anybody when they located their line in October, 1864, and before the State of Oregon had accepted this of road, they '!"ere entitled to it and not the pre-emptors who went grant at all, and before a single step bad been taken for the construc- there after theu road was located and after it bad been ascertained tion of this road. that there never had been any valid claim to this land, but that it Mr. MITCHELL. May I ask the Senator a question f had always belonged to the United States. Mr. EDMUNDS. Certainly. I had the honor t.o argue that cause in the Supreme Court and I Mr. MITCHELL. Without reference to the merits of this contro- expended what little resources of ingenuity I possessed to co'nvince versy at all, one way or the other, I desire to inquire of the Senator the court that the claim of the railway was right and that these peo- from Vermont why it is that in his judgment the rights of this com- ple. who had interpolated themselves by pre-emptions and homestead pany did not attach to these lands; whether it was because the In- clatms, &c., after the location of the road and after it bad been as- dian title had not been extinguished, or because some other rights certained that there was no claim upon the ground when the road had attached by virtue of the treaty T w~locatedat all, were not entitled to setup their pretensions aO'ainst Mr. EDMUNDS. I will answer my friend on both grounds. this grant of Congress to the railway company. But unhappily for Mr. MITCHELL. I inquire for my own personal information. me, or rather for my client-it only made me unhappy in the moral Mr. EDMUNDS. Certainly, on both grounds. According to these sense of being defeated in a cause that I augued-the Supreme Court la~ decisions of the Supreme Court, in two cases where as I have held exactly the reverse, and said this : said I presented all the reasons I could think of aO'ainst that construc- tion, the term "public lands" in all land gran~ to a corporation or . The acto! .July 1, 1862, (12 Statutes, page 492,) gr&nts to certain railroad compa- to a State covers those lands that have been so dealt with before as mes, of whic~ the Wes~rn Pacific ~y subsequent legislation became one, every alter~te sectio~ of pubh.c land, des1gnated by odd numbers, within ten miles of to be subject to sale or other disposal under the general laws of the each s1~e of thetr respective :oadR, not sold, reserved, or otherwise disposed of by United States, and my friend knows just as well as I do that under tile Umted States, and to which a homestead or pre-emption claim may not have the generalla:vs Indian lands that have been brought within the con- attached at the time the line of the road is clefinitehr fixed. It requires that within trol of the Umted States and the Indian title not extinguished are a prescribed -time a map designating the general route of each l'Oad shall be filed in the Depa!ti~ent of th.e In.terior, and that the Secretary thereof shall then cause not yet subject to the ~enerallaws of the United States. t~e lan~s Within a. certam dlStance fro~ such route to be withdrawn from pre.emp· Mr. MITCHELL. Now I desire to ask the Senator from Vermont tion, pnvate entr.v, and sale. The/rec1se date of the location of the Western Pa. if he does not kno'Y that t~e Indian title has never been extinguisheoth Houses of Congress, the Supreme Court, and the .J. D. C. ATKINS, Court of Claiins, ann for the necessary materials," and in lieu of the sum proposed H. B. BANNING, to be inserted by said amendment substitute '' $133,737. 50;" and the Senate agree . S. A. HURLBU!, to the same. ·M'l'M{Jtrl on the part of the .11ou1t. That the Honse recede from its disagreement to the amendment numbered 30, and a~ee to the same with an amendment substituting for the word "five" the Mr. CONKLING. I hope the Senator who makes this report will word three;" and the Senate agree to the same. acquaint us with its generalities at least. That the Senate recede from its amendment numbered 34, with an amendment as Mr. ALLISON. Mr. President, it will be observed from the read- follows: In line 1, page 7 of the bill, strike out' ' For" and insert "and for," so as to connect the clauses ; and after the word " dollars," in line 2, page 7 of the bill, ing of section 4, which will be the last section in the bill, that all insert the following: "And of the sums hereby appropriated for the several De· matters relating to the organization of the Army are to be submitted partments, courts, and for the debates and proceedings in Congre88, there shall to a commissipn, consisting of two members of the Senate, two of the only be used for the several purposes herein provided the sums specified, and the Honse, the Secretary of War, and two Army officers. The Honse re- unexpended balances shall not be used for any other purposes;" and in line 13, page cedes from a.ll its amendments rela.ting to the reduction, re-organiza- 7House of the bill, after the word 11 lowest," insert the word "responsible; " and the agree to the same. tion, and pa,y of the Army. The remaining provisions in the bill have That the Senate recede from its amendment numbered 36, with an amendment reference of course to details of appropriations. The }louse bill as it as follows: Strike out therefrom the words "on the 30th day of .June, 1876,'' and originally came to the Senate appropriated $24,350,259.06. That ap- insert in lieu thereof the following : " from and after the passage of this act," and also strike out the words "and he shall receive a salary at the rate of $3,500 a propriation was increased by the Senate $3,211,000 in round numbers. year" and insert in lieu thereof the following: "and the .Joint Committee on Print;. The conference reduced the amendments of the Senate $.1,49'2,193.60, ing are hereby authorized and directed to inqllire into the question of public print· leaving the total of the bill, as it will be if passed, $26,009,167.80 or ing and report at the next session of this Congress, with authority to sit during $1,864,000 less than the Army appropriation bill of last year. the recess, and to report such reforms as are necessary to secure faithful and eco- nomical work for Congress and the Departments;" and the House agree to the same. If there are any other explanations called for I can give them, bnt That the House recede from its e printed and published in The PRESIDENT pro temp?re. Legislative and executive business the District of Columbia and to be des1gnated by the Secretary of State, and in no case of advertisement for contracts for the public service shall the same be pub- will now be StlBpended and the Senate will proceed to the considera- lished in any newspaper published and printed in the District of Colllmbia miless tion of the articles of impeachment exhibited by the House of Repre- the snplllies or labor covered by such advertisement are to be furnished or per· sentatives against William W. Belknap, late Secretary of War. formed m said District of Columbia." The Senate then proceeded to .t he trial of the impeachment of And the Senate agree to the same. That the Honse recede from its disagreement to the amendment numbered 43, William W. Belknap, late Secretary of War. and agree to the same with an amendment, as follows : Strike out of said amend· During the trial the proceedings were temporarily suspended and ment the word "its" and substitute therefor the word "the," and after the word the Senate resumed its "expenses" insert "of schools, the police, and the firo department;" and the Sen- ate agree to the same. LEGISLATIVE SEtJSION. That the Senate recede from its amendment numbered 46, and agree t~ the clause The PRESIDENT pro tentpore. _The Senate resumes its legislative 11 proposed to be stricken out with an amendment, a-s follows: In lines 6 and 7, page of the bill, substitute " 16,670 " for the sum there named, and after the woro session. "thousand," in line 17 of same page, insert "five hundred," and after the word MESSAGE FROM THE HOUSE. " dollars," in line 27 of the same page, insert " miscellaneous sanitary work," and A message from the House of Representatives, by Mr. G. M. ADAMs, aft-er the word " expenses," in line 1, page 12, insert " one thousand," and strike out in line 2, page 12, the word "that" and insert in lieu thereof the word "and;" its C~erk, announced that the Honse had agreed to the report of the and the House agree to the same. committee of conference on the disagreein~ votes of the two Houses That the Senate recede from its amendment numbered 47, and agree to the text on the bill (H. R. No. 1771) to declare forfeited to the United States proposed to be stricken out with an amendment, as follows: After the word " to," m line 15, page 15 of the bill, insert tlle following: " 127,243.91, being;" and the certain lands granted to the State of Kansas in aid of the construc- Honse agree to the same. tion of railroads by act of Congress approved March 3, 1863. That the Senate recede from its amendment numbered 49, and agree to the text The message also announced that the Honse had passed the bill (S. of the bill by striking out all after the word " dollara " in line 19, page 18, to the No. 983) to extend the duration of the court of commissioners of end of the clause; ana the House agree to the same. Tha.t the House recede from its disagreement to the amendment numbered 54, Alabama claims. and ~to the same with an amendment substituting "ten" for the word pro- SUNDRY CIVIL BILL. posed to be inserted; and the Senate agree to the same. That the Senate recede from its amendment numbeted 56, and agree to the text Mr. WINDOM submitted the following report, which was read: proposed to be stricken out with an amendment, as follows: After the word "to," The committee of conference on the disagreeing votes of the two Houses on the m line 13, page 20 of the bill, in.s ert "$.3,500, being ;" and the House agree to the same. amendments of the Senate to the bill (H. R. No. 3749) making appropriations for That the Senate recede from so much of its amendment numbered 58 as substi· sundry civil expenses of the Government for the fiscal year endine; June 30, 1877, tutea the '• Secretary of the Interior " for the "Surgeon-General of the Army;'' and and for other purposes, having met, after fllll and free conference have agreed to the House agree to the same. recommend, and do recommend, to their respective Houses as follows: That the House recede from its disagreement to the amendment numbered 61 and That the Senate recede from ita amendmenta numbered 1, 2, 13, 17, 21, 22, 23, 24. agree to the same by substituting the word "ten" for the word "twenty;" and the 25, 26, 27, 28, 32, 39, 40, 44, 45, 50, 52, 55, 62, 6.1, 64, 67, 69, 70, 71, 72, 73, 74, 76, 78, 79, Senate agree to the same. 82, 85, 86, B7, 93, 97, 98, 100, 101, 102, 104, 106, 109, 110, 111, 121, 124, 125, 130, 13'.!, 133, That the House recede b.~m its disagreement to the amendment numbered 66, 134, 136, 140, 148, 152, 153, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, and a~e to the same by substituting the word "twenty" for the word "thirty;" 174, 175, 176, 177, 200, 208, 217, 240, 242, and 244. and the Senate agree to the same. That the House recede from its disagreement to the amendments of the Senate That the House recede from its disagreement to the amendment numbered 68, and numbered 4, 5, 6, 12, 15, 18, 19, 29, :n, 33, 35, 38, 41, 42, 48, 51, 53, 57, 59, 60, 65, 92, 94, agree to the same with an amendment, as follows: Add at the end of said amend· 95, 96, 112, 114, 115, 116, 117, 118, 119, 123, 126, 127, 128, 131, 137, 138, 146, 147, 150, 154, ment the words "to be disbursed by the Secretary of the Treasury for mint pur· 155, 157, 158, 159, 180, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 194, 195, 197, 198, poses; " and the Senate agree to the same. 199, 201, 202, 2Q3, 204, 2Q5, 206, 207, 209, 210, 211, 212, 21!i, 214, 215, 216, 218, 219, 220, 2-22, That the Honse recede from its disagreement to the amendment numberea 75, and -~-~~-~~-~-~-~~~~~~ agree to the same with an amendment, as follows: In lien of the word proposed to agree to the same. be inserted insert " two," and before the word "thousand," in line 27, page 22 of That the Hoose recede from its disagreement to the amendment numbered 3, and the bill, insert "and fifty ; " and the Senate agree to the same. agree to the same with an amendment., as follows: Add at the end of said amend· That the Honse recede from its disagreement to the amendment numbered 77 ment the words "or so much thereof as may be necessary; " and the Senate agree and agree to the same with an amendment, as follows : In lieu of all the amend~ to the same. clause insert the followin~: "Court;.house and post-office at Lincoln, Nebraska~ That the Honse recede from its disagreement to the amendment of the Senate For completing the buildfng, t30,000; and for grading approaches, furniture .ma numbered 7 and agree to the same, with an amendment as follow&: For 11 Green vs. carpets, flO,OOO;" and the Senate a,OTee to the same. · IV-296 4722 CONGRESSIONAL RECORD-SENATE. JULY 19, That the House recede from its disagreement to the amendment .numbered 80, That the Senate recede from its amendment numbered 160, and agree to the te~ and agree to the same with an amendment substituting for the word "reconstruc- proposed to be stricken out with an amendment, as follows: strike out "two" and tion " in line 16, page· 23 of the bill, the word "remodeling," and restoring the msert "three ;" and the Honse agree to the same. worits stricken out, amended as follows: After the word "city " add "being That the Senate recede from its amendment numbered 178, and agree to the text $30,000;" and the Senate agree to the same. proposed to be stricken out with an amendment, as follows: strike out" twelve.~" in That the House reced.e frOm its disagreement to the amendment nnmbered 81, and line 23, page 45 of the bill, and insert in lieu thereof the word ''thirteen; " ana the agr:ee to the same with an amendment, as follows: Strike out the word " fifty" House agree to the same. and insert in lieu thereof " in full for the same, thirty ; " and the Senate agree to That the Senate recede from its amendment numbered 179 substituting therefor the same. the following: "For survey of private land clainls, $25,000; 1' and the Honse agree That the House recede from its disagreement to toe amendment numbered 83, and to the same. agree to the same with an amendment, as follows : In lieu of the words proposed That the House recede from its disagreement to the amendment numbered 181, to be inserted insert the word ·• eighty;" and the Senate agree to the same. and agree to the same with an amendiilent, as follows: In lieu of the words pro- That the Senate recede from its amendment numbered B4, substitntinfl for the posed to be inserted, insert the following: "Unless such company is exempted by words proposed to be stricken out the words "three hundred and fifty; and the law from the payment of such cost·" and the Senate agree to the same. House agree to the same. That the House recede from its disagreement to the amendment numbered 192, That tne House recede from its disagreement to the amendmentnumbered 88, and and agree to the same with an amendment, as follows: In lien of the sum proposed agree to the same by substituting for "$65,3'21.85" the following: "$40,000; " and to be mserted insert "$1,500 ;" and the Senate agree to the same. tlie Senate agree to the same. That the House recede from its disagreement to the amendment numbered 196, That the House recede from its disagreement to the amendment numbered 89, and agree to the saDJ.e with an amendment substituting for the sum proposed to be and agree to the same, with an amendment as follows: Strike out "twenty-five" inserted "$t,500; " and the Senate agree to the same. and insert "fifteen ;" and the Senate agree to the same. That the House recede from its disagreement to the amendment numbered 221, That the House recede from its disagreement to the amendment numbered 90, and agree to the same by substituting for the sum proposed to be inserted" $1,500;" and agree to the same, with an amendment as follows: Strike out "two" an(l in- and tlie Senate agree to the same. sert "one;" and the Senate agree to- the same. That the House' recede from its disagreement to the amendment numbered 225, That the House recede from its disagreement to the amendment numbered 91, and a,.aree to the same by substituting for the sum proposed to be inserted "$1,500;" and agree to the same, with an amendment as follows: Strike out ''twenty-five" and the Senate agree to the same. and insert "ten ;" and the Senate agree to the same. WM. WINDOM, That the Senate recede from its amendment numbered 99, and agree to the text 0. P. MORTON, proposed to be stricken out, with an amendment as follows: After the word ''to" in Managers on tJw pa;rt of the &nq.te. line 24, page 28 of the bill, insert the following: "13,000, being;" and the House SAM. J. RANDALL, agree to tlie same. WM. S. HOLMAN, That the House recede from its disagreement to the amendment numbered 103 EUGENE HALE, and~ to the same, with an amendment as follows: In lieu of the words proposed Managers on the part of the How;e. to be mserted, insert" seventy-five;" and the Senate agree to the same. That the House recede from its disagreement to the amendment numbered 105 Mr. WINDOM. It may perhaps be proper that I should make a and a~ee to the same, with an amendment as follows: In lien of the words proposed brief explanation of the more important points of agreement made to be mserted, insert the word "thirty;" and the Senate agree to the same. by the conference. That the Honse recede from its disagreement to the amendment numbered 107~ The total rednctionB from the bill as it passed the Senate and went and apee to the same, with an amendment as follows : In lieu of the sum proposea to be ln8erted, inse1t" 100,000," and add at the end of said amendment the follow- to the conference committee are $4,156,155.29. ing: ".And the act entitled '.An act making appropriations for the naval service Mr. CONKLING. If the Senator has them before him, I beg him for the year ending June 30, 18'77, and for other Jl_UIJlOSes,' ap~roved June 30, 1876, to give the total appropriation proposed by the Hoose, the total pro- is hereby amended as follows: After the word' Washington, in the clause appro- posed by the Senate, and the amount appropriated by the bill if he priating 'for necessary repairs of naval laboratory,' &c., strike out the last ten words, as follows : 'and the same shall be closed during the coming year;' " and can do so without inconvenience. the Senate a!n'ee to the same. Mr. WINDOM. The total additions made to the bill as it left the That the iiouse recede from its disagreement to the amendment numbered 108 Senate are 29,361.39, which chiefly consist of restoring items that and agree to the same, with an amendment as follows: In lieu of the sum proposed to be inserted insert "$50,000;" and the Senate agree to the same. the Senate had stricken out of the House bill. The net reduction That the Senate recede from its amendment numbered 113, and agree to the text from the Senate amendments is $4,126,793.90. The net additions proposed to be stricken out, amended as follows: "To aid in the complt'tion of made to the bill by the Senate were 5,099,840.40. Deduct the net the monument in Fairmount Park, Philadelphia, in commemoration of the emanci- reductions made in conference, $4,126,793.90, and it leaves the amount pation of the colored race, $3,000, to be paid to the duly authorized officers of the association having the work in charge." added to the Hoose bill as reported from the conference 973,046.50. That the House recede from its disagreement to the amenament numbered 1201 The total of the bill as agreed to by the conference is 16,229,779.82. and agree to the same, with an amendinent as follows : Strike out "sixteen" ana Mr. CONKLING. That is what the bill now appropriates f insert "six·" and the Senate agree to the same. Mr. WINDOM . . The total of the bill as it now stands. The total That the Senate recede from 1ts amendment numbered 122 and ~e to the text proposed to be stricken out by inserting after the word "hundred t in line 3, page appropriation for the fiscal year 1875-'76 was 26,644,350.09; so that 34 of the bill, the words" and twenty-five;" and the House agree to the same. this bill is less than the bill of last year by $10,414,572.27. And, Mr. That the House recede from its disagreement to the amenament numbered 129, President, this report shows a reduction by the conference committee and agroe to the same, with an amendriient as follows: In line 20, page 36 of the upon the bill as it passed the Senate of $4,156,155.29. I deem it my bill, strike out the words" and twenty-five;" and the Senate agree to tlie same. That th.e House recede from its disagreement to the amendment numbered 135, duty to call the attention of the Senate to the items which conBtitute and agree to the same, with an amendment as follows: In lien of "one hundred" this reduction. I am unable to see that there is any great saving to insert "seventy-five;" and the Senate agree to the same. the country in the reduction named, and I think the Senate will be · That the House recede from ita disagreement to the amendment numbered 139, unable to see it when I state the ite!lls. The report of the conference and agree to the same, with an amendment as follows : In lieu of the word "two " insert "three,'' and add, to follow as a new paragraph, the followin~: committee is of course the result of concessionB on both sides, but I "For salaries and traveling expenses of agents at seal-fisheries m Alaska, one must admit that so far as the amounts are concerned it is the result agent and three assistants, 89,465: Provided, however, That the two assistant agents largely of concessionB on our side. It is not such a report as I would wllose salaries as fixed by law at $2,190 each per annum shall be discontinued Irom have desired. I am not satisfied with the bill aa I report it from the and after the 1st day of October, 1876." . .And the Senate agree to the same. conference committee, nor do I think the committee of the Senate is That the House recede from its disagreement to the amendment numbered 141~ satisfied; bot under the circumstances I believe it to be the best that and agree to the same, with an amendment as follows : Strike out all of the amendea can be obtained, and therefore hope the report may be adopted. text, oo~g lines 25, 26, 27, on page 41 t and lines 1 to 7, both inclusive, on page 42 of the bill, and the words proposed to be inserted; and the Senate agree to the I now proceed to state the items which conBtitute this large reduc- same. tion from the action of the Senate, amounting to over $4,000,000, and That the House recede from its disagreement to the amendment numbered 142, I will add to each of these items a little note of comment showing of and agree to the same, with an amendment as follows: Strike out "forty" and in- what they conBist. sert "twenty;" and the Senate agree to the same. That the H'ouse recede from its disagreement to the amendment numbered 143~ First, on the Library of Congress there is a reduction of $4,400. and agree to the same, with an amendment as follows: Strike out "twenty" ana This amount is for preparing an index now in progress, and of course insert "ten;" and the Senate a~ree to the same. the money .will have to be appropriated hereafter, so that this item That the House recede from Its disagreement to the amendment numbered 144, is merely postponed to some future time. and agree to the same, with an amendinent as follows: In lien of the word "con- tinning" substitute the word "completing," and strikeout the words "sixty-nine" On printing and binding, and on lithographing and mapping, the and insert the word "nineteen," and add at the end of said amendment t.he follow- reductions a.mount on the first to $491,770.16, and on the latter to ing: "and the board of testing iron and steel provided for in said section shall be $18,000. The expenses of the public printin~, binding, &c., for the cli.8continued from and after the expenditure of the amount herewith appropriated;" last year show that these items will be indispensable the current and the Senate agree to the same. That the Senate recede from its amendment numbered 145, with an amendment, year. Hence striking them out means a deficiency next winter, noth- as follows: Substitute for the sum proposed to be inserted, "being e56,235.04;" and ing more nor less. • the Honse agree to the same. Then on the District of Columbia general expenses, $500,000. And That the senate recede from its amendment numbered 149, and agree to the words I beg to add as a comment upon that, that instead of being a just proposed to be stricken out, with an amendment as follows: "amounting to f35(),000 ;" and the House agree to the same. . economy, it is in my judgment simply the refusal to bear a fair pro- That the House recede from its disa~ement to the amendment numbered 151, portion of the expenses of the District of Columbia, and to that ex- with an amendment as follows: Add at the end of said amendment the following: tent is a repudiation of the obligation which we are under to the "Provided, That the seid sum shan be e~ded under the direction of the Secre- tary of the Smithsonian Institution; and 1t shall hereafter be the duty of all watch- District. men or policemen employed in the grounds belonging to the United States to co- I want to pause here for a moment, Mr. President, to comment operate with the Metropolitan p<)lice in enforcing the rules and regulations of the ·upon the position.which this agreement as to the District of Columbia board of Metropolitan police made in relation to the public works and approved by and the laws we have passed leave this District. It is true we have said board." .And the Senate agree to the same. consented to this arrangement, but I am unwilling that the Senate That the House recede from its disagreement to the amendment numbered 156 shall vote upon it without knowing exactly its nature. Laat winter 1 and agree to the same with the following amendment: After the word "region,' the commissioners of the District of Columbia sent to Con~ress a bill in li.Jle 18, page 44 of the bill. insert as follows: "Including $10,000 for the prepam- providing for taxation. We retained it here until late this summer, tion and pnbfication of maps, charts, and other illustrations necessary for there- ports of said survey;" and the Senate agree to the transposition so made and recede I think, and then passed a bill providing for taxation to take effect from the balance of its amendment. next December. We have also during this session postponed for one 1876. CONGRESSIONAL RECORD-SENATE. 4723 year the redemption of real estate sold for taxes; we have also re- work required at the mints. Withholding neceBBary appropriations pealed certain license laws out of which they received about $100,000. may render the mints unable to comply with the law. They ca.n com- So far, therefore, as our legislation is concerned we have taken from ply to some extent with it, but I think the amount of reduction is the people of the District all power to collect any money under tax- larger than it should be. ation or otherwise until next December. In addition to that we have Now I come to twelTe items which I will read together and com- imposed upon the District by several acts several duties to be per- ment upon them all at once: Subtreasury and post-office at Boston formed which will cost money, among others, in a bill which passed reduced $50,000; court-house and post-office at Cincinnati, $50,000 ; the Senate-I do not know now whether it passed both Houses or not, court-house and post-office at Chicago, $225,000; court-house and post- but I believe it bas-as to repaving Pennsylvania avenue. office at Topeka, Kansas, $50,000. Mr. CONKLING. It has passed both Houses. Mr. LOGAN. That leaves the post-office at Chicago without any Mr. WINDOM. In that bill we require the District to relay the appropriation. water-pipes; we also require various other duties of the District; Mr. WINDOM. It leaves an unexpended balance. and we have an act upon our statute-book which prohibits under pen- Mr. LOGAN. But I am speaking of any appropriation in this bill alty of imprisonment in the penitentiary and a very large fine any for roofing. · officer of the District from increasing the indebtedness of the Dis- Mr. WINDOM. Without any appropriation in this bill. trict, so that, summing it up, we have denied to the District authori- Mr. LOGAN. It leaves it without a covering this winter. ties all power to collect money under taxation, we have imposed upon Mr. WINDOM. Post-office and court-house at Trenton, New Jer- them certain expenditures, and refuse to appropriate any money to sey, reduced $20lOOOL:f!om $50,000 to $30,000; appraisers' buildings, aid them. That is the position of affairs. San Francisco, t20,uuu reduction; State, War and Navy building, Mr. SARGENT. And they have almost nothing in their treasury. $250,000 reduction; court-house and post-office at Saint Louis, $150,- Mr. WINDOM. They have now $255,000 in the treasury. 000 reduction; at New York, $100,000 reduction; at Albany, $50,000 Mr. SARGENT. With the August interest coming due. reduction ; Post-Office Department building, $25,321.85; repairs of Mr. WINDOM. We provide that, with the exception of certain buildings under Treasury Department $100,000. current expenses, such as schools and one or two other items, all the These twelve items for the construction and repairs of public build- money in the treasury shall be appropriated for the payment of in- ings amounting to $1,090,3'21.85 may show a reduction in the aggre- terest on bonds. I submit that it leaves the District in a very bad gate of the appropriation bills for this year, and hence may serve a condition ; but all things considered the committee felt bound not to purpose next November; but the buildings are now in pro~ess and break up the conference and defeat the bill on that proposition. Bu~ must be completed. Postponement until next year is in no sense a there is one of the savings of $500,000 which enter into this reduc- saving of money; on the contrary, the failure to appropriate enough tion. to carry on the work economically and protect that which has already Mr. ALLISON. May I ask the Senator whether or not the schools been done may in some cases work loss to the Government. will be obliged to close before these taxes that have been levied this The next five items are of like character. Expenses of buoyage, year are paid into the Treasury f $15,000; signal-light crib, Chicago, $5,000; light-house at Little Trav- Mr. WINDOM. I can only answer that by giving the opinion of erse, Michigan, $12,000; light-house, Straits of Mackinac, $15,000; the commissioners. They say they will. It may not be regarded as li~ht-house, Narraganset Bay, 35,000. These are items that are a strong argument in favor of the adoption of the conference report; Withheld and will have to be appropriated in the future. but it is a plain, simple statement of the facts in the case which I Mr. LOGAN. That $5,000 I understand is for the crib at Chicago. desire the Senate to know before they act upon it. Mr. WINDOM. It is. . · The board of health we have reduced $1,8'l7. The revenue-cutter Mr. LOGAN. I merely call attention to the fact that the Honse service is reduced $25,639.49. This amount is merely withheld from passed a bill for that purpose, and I had it, put on the appropriation a most valuable, economical, and important service, and I very much bill as an amendment. . fear will result in a greater loss than saving. Mr. WINDOM. I was not :~owa.re of that fact. .A.t Rock Island The item for courts in Utah Territory we' have reduced 23,000. arsenal the reduction is $165,000. The arsenal is in progress of con- There was a certain expenditure incurred amounting to $43,000. It struction, and the money must be appropriated hereafter. In the has been audited and the amount is understood to be exactly that item of navy-yards and stations the reduction is $585,000. The ap- sum. The House bill appropriated $221<;!00 and provided that this propriation last year was some $1,200,000. The total appropriation should be in full payment of the $43,uuu due. The committee se- now for taking care of fifty millions of property is $100,000. On the cured an amendment striking out that proviso requiring a debt of item of manure for public grounds the reduction is $2,000; for the $4.3,000 to be paid with $20,000, and have agreed to this amendment ; care of various reservations in the District the reduction is $10,000 ; but the $23,000 is a debt due and will have tO- be appropriated for graveling roadw:ays, &c., $3,000; reduction on Capitol Grounds im- next year in some deficiency bill. provement, $100,000; Coast Survey reduction, $25,000; rent of build- The item for collection of claims due the United States we have ings Coast Survey, $3,600; transportation of United States securi- reduced $2,500, and for defending suits against the Secretary of the ties, $25,000; furniture, &c., in buildings under the Treasury Depart- Treasury we have reduced from the Senate bill $5,000. The officers ment, $25,000; custodians of various buildings under Treasury De- of the Government who are responsible for the collection of claims partment, $25,000; temporary clerks Treasury Department, $60,000. due to the United States and for the defense of suits say that this This amount was stricken down, but will have to be added to some reduction will embarrass them. This false economy will probably other bill or the permanent force of clerks increased. result in losses much greater than the amounts saved by the reduc- The Signal Office is stricken down $100,000 ; the geographical sur- tion. Five thousand dollars reduction is affected by omitting the vey of the Territories west of the one hundredth meridian, $30,000; item for repairs of the Insane Asylum. This I regard as simply a testing iron, steel, &c., $50,000 ; care of armory building, $1,500 ; maps pQstponement until next year, for these repairs will have to be made. for Powell's survey, 10,000; surveying public and private land claims, Then on the Smithsonian Institution there is a reduction of $20,000. $72,400. This is for the general surveys, and of course is only a post- That waa the $20 000 which the Sen..1.te appropriated to take care of ponement until some future time. For various surveyor-generals' a large and valuable collection which the Smithsonian has under its offices the reduction is $4,500 ; collecting revenue from sales of pub- char~~· The Senate committee was compelled to recede from that lic lands, $166,216.79. This item is the difference between the esti- proVISIOn. mates of the Department and the amount appropriated in the House Then there is the item of $6,000 for the examination of the rebel bill. There is some question as to whether those estimates are cor- archives. This strikes out the whole provision made by the Senate rect or not, and if it is found that this sum is insufficient, the defi- for the examination of these archives. The examination of these ciency can be provided next year. ' archives has saved the Government many millions by furnishing evi- The item for the purchase of the Freedman's Bank building, $325,- dence to defeat improper claims. The reason for refusing to continue 000, is omitted. This can hardly be called a saving, because it was so valuable an appropriation can hardly be founded upon a just econ- proposed to use the money for the purchase of property which would emy. be worth the money to be paid for it and would save in rents an Mr. EDMUNDS. What was the reason stated by the Honse con- amount, if paid for in bonds, equal to the interest. We rent the build- fereesf ing now for as much or more than 5 per cent. interest on what the ·Mr. WINDOM. That it was not necessary to examine them any bonds would amount to. more; that it was a work which need not be done, as I remember Now, Mr. President, I have gone through the items of saving in now ; that it was at least a. saving that could be accomplished this this bill so called the reduction, amounting to four millions one hun- year. In fact that is the argument throughout, that certain things dred and fifty-odd thousand dollars, with the exception of certain can be postponed until the future. ite:rns, which amount to $249,980, that might poBBibly be called a Mr. EDMUNDS. The oblivion extends to the archives as well as sa.vln.g, and I will state the reductions of that character. the rebellion. There is for the United States Official Postal Guide $10,000, on which Mr. WINDOM. The United States Official Postal Guide is re- I have alread:y commented. Then the Reform School in the District duced $10,000 below the amount found necessary last year. The in- of Columbia $18,480. This was for the enlargement of the grounds formation the committee have on that subject is that this has been of the reform school, and I presume can be postponed without any the most economical mode of furnishing information to thirty or forty serious inconvenience. Then there is for manure for public grounds thousand post-offices in the United States that has ever been adopted. $2,000. I think that is an actual saving. Then in the case of vari- This will not furnish it ade~uately during the coming year. ous reservations there is a reduction of $10,000. Whether that is a. "Mints and assay offices' have been reduced from the Senate bill saving or not remains to be seen when we ascertain how the gronnds $64,000. The acts of this Congres.s have very largely increased the look next winter. ·In the item for custodians of buildings $25,000 re- 4724 OONGRESSIONAL REOORD-SENATE. JULY 19, duction is made by cutting down salaries already very poorly paid, the attention of the Senate for a moment, and that is the change with and what results there may be as to the care of buildings remains to reference to the Public Printer. As the bill now stands, reported from be seen. The $100,000 on the Signal Office is undoubtedly a saving, the conference committee, the Printer, who has _been elected by the but it is a saving upon a most important service and of very doubt;.. Senate for severnl years p3St, will be appointed by the President , and ful expediency. There are the items of ge_~graphical surveys of Ter- the act will take effect from the date of its passage. I mention this ritories, $30,000; testing iron, steel, &c., $50,000; offices of surveyors- fa-ct at this point for the purpose of saying that, so far as I know, general, $4,500. All these items, amounting to $249,900, might pos- there was nothing personal in the action of the committee, at least so sibly be construed to be an actnai saving out of this total of over $4,000,- far a.a the Senate members were concerned. There was no deRire to 000. Now, Mr. Presiden~ one or two other remarks and I will sub- strike at a.ny particular individual, so far as I know; but the ground mit the question to the tsenate. upon which this change was made was that the Honse has for several I am requested by the Senator from New York to restate the totals years disputed the propriety of the Senate electing or appointing the of the bill. The Hoose appropriated originally $15,256,731.32. To Public Printer, for the rea-son that he is the Printer for the House as that the Senate added $4,1~6,763.90, making the total $19,400,000 in well aa the Senat.e and for the Departments. The House insisting round numbers as the bill passed the Senate. upon that and the Senate committee not being able to resist it upon Mr. BOUTWELL. How much is in the bill now T principle, they agreed to this amendment. Mr. WINDOM. The amount appropriated in this bill as reported I do not think of any furthflr remarks. I will answer any question now is $16,229,777.82. if I can. The bill is a pretty lar~e one. I willsobmit a table show- There is one item, not of dollars and cents, to which I wish to call ing the various items of appropnation to which I have referred: BeduotiofUI and additions made in Senate and amendmen.ts in conference to the sundry civil bill. Reductions. Additions. Action. Remarks. Geo~e W. Green, contestee . • • • • . • • •• • . • . • • . . . • . . • • . • • • . t:J, 000 00 Adolph Erdman . .. .. • • .. • . • • . .. •• .. . . . .. . .. . . . .. . . • .. . • . ..............! 45 00 ............. . , Wages of folders, House..................... .•.••••••••• 72 39 ~~~~~~~~~~~~] Clerk to Committee on Commerce, &a . .. • • • • . • • • • • • • • • • • 100 00 Clerk to Committee on Expenditures in the War Department............ .. .. .. . . . .. . • . . . • . • • • .. • . . 92 00 C. F. Benjamin and H. H. Smith. • • • • . . •• . • . • . • • . • • . • • . • . 500 00 Reporting, House committees................ . • .. .. • . .. .. 20, 000 00 Clerk to Committee on Patents . . . • • • .. • .. .. . .. . • • .. . . • .. 52 00 ............ .. Library of C9ngress . . • . . . • •. . . • . . • • • . . . . . • . . f4, 400 00 • • • • • • • •• • • • Postponed . . This amount is for preparing an index, now in progress, and of course the money will have to be appropriated hereafter. The expenses of public printing, binding, &c., for last year show that these items Printing and binding • • • • • • . • .. . . .. • • • • • . • .. 491, 770 16 Lithographing and mapping . . . . . . . . • . • . • . • . . 18, 000 00 }......... . Postponed. . will be indispensable for the current year. Hence striking them out means a { deficiency for next winter. Instead ot economy, the refusal to bear a fair proportion of the expenses of Diatrict of Columbia-general expenses ...•.. 500,000 00 boar!l of health . .. .. .. 1, 82'7 00 J.... _... .. Repudiated . the District { met hereafter. of Columbia means repudiation of a.n obligation which must be Revenue-cutter service .. . • . • .. .. .. .. . . . . .. .. 25, 639 49 Withheld . . . This amount is merely withheld from a most valuable and important service, and will doubtless result in losses much greater than the pretended saving. Courts in Utah Territory ....... .. .......... . 23,000 00 Postponed.. This amount is unquestionably due, and is merely postponed for some future deficiency bilL Collection of claims due United States ....•.• 2, 500 00 The officers of the Government who are responsible for " collection of claims Defending suits against the Secretary of the Treaswy .......... . ..................... .. Repairs-Insane Hospital. ............•...••. 5, 000 00 5,000 00 l·········· Wi thhe'd 1 · •• due the United States" and for "defense of suits" say that this reduction will { seriously embarrass them. This false economy will probably result in losses mnch greater than the amount saved. Postponed . . Until neXt year. · Smithsonian In.s titution . ......... . 10,000 00 Examination of rebel archives, &c .••••••.••. 6, 000 00 Withheld. .. The examination of those archives has saved the Government many millions by furnishing evidence to defeat improper claims. The reasons for refusing ro continu~ so v, be- Government pays the lesser sum : fore I give my vote to this report, whether in his opinion this is the The origina.l purpose of keeping the accounts in this manner seems to have been bill that the Senate must take or else abandon the branches of the to exhibit the savings of the GOvernment Printing Office, then an e~eriment, over public service covered by the appropriations mentioned in the bill f the former system. And as the appropriation for the public printing was made in bulk, without specifying the 'UD.ount that might be expended by each Depart;. Mr. WINDOM. I could hardly say that in so strong terms as the ment, no attention was caJled to the exaggerated charges or estim'.l.tes. When the question would indicate. I can only say that after earnest effort to present system was adoyted of appropriating specific sums for the printing of eooh secure a bill which would meet the requirements of the public service, De.Partment, the attention of the executive officers was directed to the rapid a.b- this was the best we were able to a-ccomplish in this conference. I sorption of their appropriations, ort of their report. In attach- In reviewing the testimony of McHenry, Thompson, Buttz, and Burke, ing any importance t.o the testimony' of this witBess the committee it will be seen at a glance that the evidence of t.hese four witnesses, seem to have entirely forgotten that most excellent rule laid down except where it refers to the six polls already disposed of, has refer- by themselves, which I have already cited. ence to one poll only, first precinct, ward 3. All the facts alleged by Apply that rule to the testimony of Raffe.rty, and what is such tes- these four witnesses occurred at that one poll. Adding this one poll timony worth f Let us see if be is "corroborated in material points to the six already disposed of and we ascertain that the remaining byevidencecomingfrom uncontaminated sources." If not, as I shall ten polls are to be rejected upon the evidence of eight witnesses, the clearly demonstrate, then his evidence should have had no weight other twenty witnesses not testifying to a single fact in regard to with the committee. Reject the testimony of Rafferty and the con- these remaining ten polls. Ten polls are to be rejected upon the tes- t~stnnt has no cas& wl.Jatever, for it must be remembered Raff8rty timony of eight witJ;tesseS. Of thflse eight witnesses we have already alone proves more tb:m one-half of the illegal votes charged by the proved that the testimony of three, Green, Whiting, and Baring, is so contestant as having been cast for me. Now the best evidence from clearly manufa,ctured that it should be stricken from the record en- uncontaminated sources to corrobomte Rafferty, aa well as Kossell and tirely, so that really the evidence against these ten polls depends Rivers, would have been the managers and supervisors at each poll upon the testimony of five witnesses only, Foster, Taylor, Rafferty, appointed in the interest of Mr. Buttz, for all through the printed evi. KoSHell, and Rivers. The testimony of the first two I have already dence it appears that the party of which :Mr. Buttz wa-s the candi~ examined. It relates to two polls only and cannot possibly affect the date bad at every one of the seventeen precincts in the city of Charles- ot.hers. ton one manager selected from themselves and one United States super- In en.mining the evidence of these three creatures, upon whose visor, making thirty-four respectable and competent witnesses-at . te"'timony the voters of eight precincts are to be disfranchised, I shall least presumably so. Yet out of t.bese thirty-four managers and super- apply to it a certain principle of law applicable to such cases. This visors, the best witnesses be could have bad, the contestant bas taken principle was laid down by the committee a few months ago in the the evidence of only two supervisors and three managers, none of c:1seof Bromberg vs. Haralson. In their report of that ca.sethe com- whom corroborate Rossell or Rivers in any pa~ticnlar whatever; and mittee say: by one only of these five witnesses is Rafferty corroborated. I give The testimony of a. conspirator swearing to his own infamy and implicating their names, so that their testimony can be referred to: J. J. Driscoll, others in tho same crime i8 always jealon.sly scrutinized, and unlus corroborated in A. W. Gurney, supervisori; W. H. Ahrens, A. T. Stevens, W. E. Burke, 'nattrial points by evidenc1 coming from uncontaminated sources cannot generally be man~tgers. The testimony of the latter, however, has been. excluded r6Ceived a.a sufficient to establish a. litigated fact. by the committee as illegally taken; still I have no objections to ita With the application of such a rnle to the testimony of Rafferty, being considered in connection with the testimony of the other four Kossell, and Ri vel'8 it must all be rejected. Apply the same rule to the witnessee just named. Now these five managers and supervisors, with testimony of the trio, Green, Whiting, and Baring,· to which I have the exception of Ahrens, not only fail to corroborate Rafferty, but already caJled attention, and it ceases to be evidence in this case. they fail to prove a solitary illegal vote. By examining their evidence H. T. KOSSELL. in connection with that of Rafferty's, it will be seen how completely I shall now examine the testimony of these three men with refer- they fail to corroborate him. If Rafferty's testimony be true, the ence to t.he principle just cited, beginning with Kossell, who testifies facts sworn to by him could hardly have escaped the attention of that he had in charge six men who voted sixty times, ea~h time at a these managers and supervisors, who bad been appointed to look after different precinct, except once, when he voteu them twice at the same the interest of the contestant and his party at their respective polls. precinct. Kossell's ·t estimony stands by itself, being uncorroborated J. J. DRISCOLL. by any kind of evidence whatever. Of him not one of the other wit- J. J. Driscoll, who swears he voted for the contestant, wa-s United nesses make the slightest mention. Kossell seems to have been un- States supervisor at precinct 1, ward 1, (city hall,) at which poll known, and I cannot even imagine where Buttz got him. Rafferty swears Murphy voted "twenty-five men, mostly sailors, each ISAAC B. RIVERS. of whom had a green badge tied in the button-hole of the left lappel !saM B. Rivers testified that during the canvass preceding the elec- of their coats with a black ribbon." Rafferty further test.ifies that he tion he supported Buttz, but that on the day of election he voted for voted these same men again in the afternoon at this poll. And yet me. After the election, howevor, he renewed his allegiance toward when Driscoll was examined not one question was asked him in ref- Buttz by swearing for him that he ha.d done considerable repeating erence to these votes, which he could not have helped noticing had on election-day for me. Rivers, I understand, bas again changed, any such occurrence taken place at this polL On the contrary, when and is now willing no doubt to testify for me that he did considera- asked " do you know of any illegal voting at the election on that ble false swearing for Buttz. Under these circumstances it is exceed- day," he says nothing whatever about Rafferty and his repe!Ltars, but ingly doubtful in what capacity Rivers excels, whether in repeating gives a full statement of such cases of illegal voting as did occur at or in perjury. Until that doubt is removed no faith should be placed his precinct. It is proper to state here that of the four cases men- in his teRtimony. Rivers, like Kossell, is uncorroborated in a single tioned by Driscoll as illeg nolle prosequi was entered as to both indictments charge of the poll. py the solicitor pf the court, Mr. C. W. Buttz, the contestant in this WARD 3 SECOND PRECINCT. case, anu Ahrens, released from all fear of the penitentiary, became · Take second precinct, wanl 3, the total vote of which was 566. a witness for the contestant. The records of the court of general ses- .At this poll there is no evidence whatever of either bribery or intimi- sions of Charleston Count.v will provo the t.rnth of my assertion. Ah- dation. The ubiquitous Rafferty does not even claitll to have visited . rens, however, had signed as corre<)t the re~urn~ o{the election before it with his sailors. He seems to have ignored it entirely. The on1y be ha-d ascerta-ined he would be needed a~ a witn~s&, :ind ~onsequently irregularity charged by tho contestant is the polling of 17 illegal in his evidence he attempts to explain that fact by saying he (lid it Yotes there, 8 of which are proven by the trio, Green, Whiting, a.nd 1876. CONGRESSIONAL RECORD-HOUSE. 4739 Baring. The other 9 are proven by Rivers, to whose testimony I When cross-examined and asked: "Diq you see Willis give tickets have already referred. Admitting this exceedingly doubtful evi- to any one you speak oH" What is his answer! . "No; but they dence, do the committee pretend to sa.y that a poll of 566 is incapa- went around the corner and reLurned together." When asked, "W..ts ble of being purged of 17 illegal votes clearly and distinctly proved there repeating of any votes at that precinct that day Y" his answer if the testimony be accepted as worth anything f And yet this poll is: "Yes, there was; but I did not know who they were or their the committee in their spirit of cas·ting out have rejected entirely. names." WARD 5. It is simply -a bald assertion of the witness that he knew more than Take again precinct 2, ward 5, the total vote of which was 251. one hundred persons who were paid on that day to vote. I cannot, Again at this poll no evide-nce wbatever is offered as to any bribery with decent respect for the intelligence of this House do more than or intimidation. The only charge against it is 15 illegal votes, 6 of direct their attention to this so-called testimony, and yet it is about which aro proven by Rafferty, 8 by the trio, Green, Whiting, and Bar- as good as the rest of the testimony upon this subject. ing-, and 1 by Buttz himself. Admitting them all, notwithst~nding One of the witnesses examined by the contestant to prove th~ the utter worthlessness of the proof, I again a k are 15 illegal votes, charge of bribery was John Simmons. His character is explained in when there are no other irregularities charged, sufficient to warrant the following certificate : the rejection of a poll of 261 f If not, why then was the poll re- THE STATE } vs. Grand larceny. jected by the committee instead of purged f JOHN SIMMONS. Take still another poll: first precinct, ward 5. The total vote there STATE OF SouTH CAROLINA., (]hq,rlestnn Oounty: was 831. Again no charge as to bribery or intimiSON. I do not propose, Mr. Speaker, to go into any which would bring in a true bill upon any evidence they could give. lenO"thy discussion of this case, but merely to state to the House very And it does seem to me ihe strangest conception of duty that the bri~:fly the reasons which have ind·uced the committee to make the re- committee was bound to accept this testimony unless it was expressly port that they have mane. '!'he contestee presents his views of the case, contradicted by other evidence. Is the character of the testimony and presents them with considerable force, but there is this difficulty itself not ....o be considered f Is there, can there be a more conclusive with regard to it: he has produced no particle of testimony by which reply than the inconsist.encies of the testimony itself f And do not to sustain the view he presents. the acknowledged associations of the witnesses stamp ineffaceably 'l'he testimony is all upon one side. If the testimony for the con- the character of the accusation which they are called to prove f testee had been as good as his argument it would have been of very CONCLUSION. material help to him. Before concluding I desire to explain what position I occupied in The committee were compelled to make one of three reports : either the last general electioB in South Carolina, as such explanation is to decide in favor of the sitting member or in favor of the contest- necessary for a thorough understanding of this case. ant, or to declare the seat vacant. I am frank to say that if the con- At the general election of 1872 F. J. Moses, jr., was elected gov- testant were here and should present his case with the ability that ernor. Notwithstanding he was elected on a reform platform, his the sitting member has shown, he would make out a very much bet- administration of affairs during the two years of his term of office was ter case than the sitting member bas. I will say that in my judg- so venal and corrupt that it brought the republican party of South ment the case of the sitting member is at least third best. [Laugh- Carolina into disrepute all over the country. With hardly an excep- ter.] tion every republican paper in the country condemned the go~rn­ When the sitting member admits that in the city of Charleston we ment of the republican party in South Carolina during that period show that about 1,100 illegal votes were cast, which is saying a great as a disgrace to civilization, and they all without an exception de- deal in favor of the position of the committee-a little leaven we are clared that a continuation of such misgovernment would be a serious told will leaven the whole lump; I think it is equally true that a great injury to the future prospects of the national republican party. In deal of corruption will corrupt the whole lump-when you start with fact, I think it will be admitted that the mismanagement of the re- the admitted fact that 1,100 illegal votes were given in one city, it is publican party in South Carolina aided the democrats considerably certainly a matter which calls for very serious consideration. in obtaining their present majority in the national House of Repre- Mr. MACKEY, of South Carolina. Will the gentleman yield to me sentatives. Moses becn.me known all over the country as the robber for a word to correct ' governor of South Ca.rolina, and while still governor wa.s actually Mr. THOMPSON. Certainly, if you only desire to correct what I indicted by a grand jury for the crime of grand larceny and breach am saying-- of trust. He escaped trial and probably conviction only by refusing Mr. MACKEY, of South Carolina. I wiBh to ask you a. question. to submit to arrest. Mr. THOMPSON. Very well. Under these oiroomstances, when the republican State convention Mr. MACKEY, of South Carolina. Where is the proof that there met in 1874, many republicans entered it with t4e determination to were 1,100 illegal votes t submit only to the nomination of a man without any stain whatever Mr. THOMPSON. In the printed testimony. You willseeitthere. , upon his character. After a bitter contest Hon. D. H. Chamberlain Where else can you expect to find itf was nominated for governor. In the opinion of many republicans he Mr. MACKEY, of South Carolina. I have looked, and I count up was at that time considered as very little better than Moaes. In jus- but 789. tice, however, to Governor Chamberlain I am glad to say that subse- Mr. THOMPSON. The gentleman says he counted up 789. He quent events have proved that those who opposetl him knew as little certainly did very well for a man who counts so reluctantly as h&. about him as those who supported him. Whatever errors he may must have counted. [Laughter.] But if he had made a fair count have committed, he has during his administration displayed the quali- he would have come somewhere between 1,100 and 1,200. I will not. ties of an earnel)t reformer. Nevertheless, his nomination at the time correct him in this matter, but I will simply say that I hope he will. was considered as an attempt to continue the misrule of the former make a recount. two years. Hardly a republican paper North approved of it; in fact, There is certainly no member of the Committee of Elections who~ 4742 CONGRESSIONAL RECORD-HOUSE. JULY 19, has any but the kindest feelings toward the sitting member. We in such a manner and there were so many illegal votes cast that it is would have decided in his favor if we could have done so, and we impossible to determine what the real vote was; that it would be certainly would have done so with the g:reatest pleasure. We have unfair in a district like that to throw out one-third of the entire not found anything in the testimony which has reflected upon him votes and then seat the contestant, because it is impossible to tell who per onally. But in this case we have been compelled to adopt the the choice of the people of that rlistrict really is. Therefore we felt very impartial course of deciding for the seat itself; it is for the pro- compelled to report that the case be remitted again to the people. tection of the seat rather than of the sitting member that we report. The conunittee were unanimous in this decision ; and the gentleman But take the number the gentleman says, between 700 and 800 from New York, [Mr. TowNSEND,] a member of the subcommittee of illegal votes; that is a pretty round number. The testimony is that which I was the other member, came to this conclusion before we there were between 1,100 and 1,200 illegal votes that are known to h11d any conference. The committee, looking over the whole matter, have been cast, and they saw a large number more illegal votes mov- determined unanimously that neither the contestant nor the contestee ing in the same direction. That procession of illegal votes certainly was entitled to the seat. And in behalf of the committee I ask that were never half counted. They made some mistake, or they would the resolution reported by the committee may be adopted by the have counted far more than the sitting member ha.s counted, more House. than the committee bas counted. If that procession had been fairly The question waa then taken on adopting the following resolution, counted, I have no doubt that instead of 1,100 or 1,200 illegal votes reported by the Committee of Elections: there would have been found to be 3,000 illegal votes. 11csolved, That neither C. W. Buttz nor E. W. M. Mackey wa-s lawfully elected The city of Charleston, with a population of from forty-eight to to the F'orty-fourth Congress from the second conl?l'es. ional district of SOuth Car- fifty thousand, cast about 10,500 votes, I think a little more. I do not olina., nor is either of them entitled to a. seat in saia CongresS. know how they obtain voters down there, but they vote very differ- The resolution was adopted. ently there from what they do with us in Massachusetts. Mr. THO~~_PSON moved to reconsider the vot.e by which the reso- Mr. MACKEY, of South Carolina. There were more than 11,000 lution was adopted; and also moved that the motion to reconsider legal voters in Charleston. be laid on the table. Mr. THOMPSON. The gentleman says that that vote is among the The latter motion was agreed to. possibilities. The United States census shows thn.t perhaps by some SITIL~G COM.l\U'ITEE ON PUBLIC LANDS DURING RECESS. possibility, with the lame and the halt and the dying and those who were away, they might obtain 11,000 votes there. • Mr. WALLING. I a.sk unanimous consent for the con ideration at But they never voted up so close a.s that to. the number of legal this time of a resolution agreed to by the Committee on Public Lands. voters. They must have voted there for the dead as well as the liv- The Clerk read aa follows : ing. The number of persons who were to vote must before election Resolved, That the Committee on Public Lands be, and the 'Same is hereby, au- duy have been diminishing from va-r ious causes. I say again that thorized oo prosecute the investigation of all matters e.~pecially referred to it for in- vestigation, as also all other matters df'.mauding investiga1ion within the scope of there is no city in the United States with a population of the city the duties of the committee, and especiatly the inYesti~ation info the De Moines of Charleston. that casts any such vote. They did not ca.st any such River land grant and the t:ran ·actions of tho Northern Piroitic Railroad Company legal vote in Charleston. I submit that they could not have come and the Lake Superior and Poget Sound Land Company in relation to the dispost- within two or three thousand legal vows of that n urn ber; 8,000 votes tion of the public lands unoer the grant of said Pacific Railroad Company, during the recess of Congress by subcommittees to be appointed by said committeo; such would have been a very large vote tl:ere. I believe the second con- subcommittees to ba.vo power to subpoona witnesses. send for persons a.nd papers, gressional distTict of South CaroHna would beat every other district employ a stenopapber, administer oaths, and do all thing necessary for the proper in the United States in the number of votes cast. It is the banner performance or their duties; the expense of such investigation to be paid by the district in this particular. Secretary of the Treasury out of any funds appropriated for such purpose or funds not otherwise appropriated, upon vouchers approved by the chairman of the Com- The testimony here shows, and I have no doubt such is the case, mittee on Public Lands. that . that gt·eat number of votes was obtained by Toting the same Mr. HALE. I object. This resolution, if I heard. it correctly, pro- person two or three times. The testimony is not contradicted that vides for the sitting of investigating committees during the rece.ss. twen·y-five men alone cast more than 600 votes. Now, if twenty- That I object to now and hereafter in all cases. five men can cast 600 votes-- Mr. WALLING. I believe the gentlemstn from Maine [Mr. HALE] Mr. MACKEY, .of South Carolina. That statement is unsupported. voted the other day for the resolution of the gentleman from Iowa Mr. THOMPSON. The gentleman says that is unsupported. I do [Mr. OLIVER] to investigate the Des Moines River land grant. It is not know what he means by that. The witnesses swear to that state- utterly impossible to carry out that investigation during this session; ment ; it is here in print, and it is uncontradicted. What kind of it can only be done during the recess. . · support does he expect ns to have f Does he expect us to ha,ve a cast- Mr. LUTTRELL. We agreed the other day to a resolutiOn for a iron support to prop it up f This statement is supported bv the oaths committee to investigate the Chinese question during the recess. of witnesses, and is not contradicted. It is very strongly supported, Mr. WALLING. We have on several occasions raised committees too, by the number of votes cast in that district, which I verily be- to sit during the recess. These are questions which cannot be in- lieve are two or three thousand more than the number of legal voters vestigated during the present session. in the district. Mr. KASSON. Is this n. joint resolution or merely a House resoln- It was shown here conclusively that a very large number of illegal tionf votes were cast in that district, and were cast in such a manner as to The SPEAKER pro tempore. It is a House resolution. clearly implicate those who presided at the election in the fraud. Mr. KASSON. We cannot appropriate money by a resolution of It cannot be that twenty-five men can be marched up in a body in the this House. morning and again in the afternoon and voted all at once without !tlr. WALLING. Thq,t p!trt may be struck out. the officers of the election knowing something about it. Your com- Mr. HALE. I object to the resolution. mittee believe, as we here report, that it was done at least with the connivance of the officers of the election. I believe it is the safe rule MILITARY EXPEDITION AGAINST THE NORTHWEST INDIANS. that where you find the officers of election acting fraudulently, con- Mr. BANNING. I am directed by the Committee on Military Affairs niving with fraud, you should place very little reliance upon their to ask that an order be made for the printing of the answer of the action; that such a fact should go very far toward vitiating the elec- Sec etary of War to the resolution of this House inquiring as to the tion. object of the military expedition under Generals Crook and Terry The contestee assumes the ground that the Committee of Elections against the Northwest Indians. ought to be held to the specific illegal votes; that is, if the testimony Ur. KASSON. Is this an executive communication which baR been does not show 2,500 illegal votes specifically by name, then he ought made to the House f to retain his seat. Now we took the opposite view, and said that if Ur. BANNING. It has been made to the House and referred to the there was testimony sufficient to show that the election wa.s fraudu- Committee on Military Affairs. lent, to show that it was impossible to tell bow many legal or how Mr. KASSON. Usually such communications are ordered to be many illegal votes were thrown, if the election was comlucted in printed at the time they are referred. If that was not done in this such a manner as to show there wa.s no security at all for the legal case, of course there should be no objection to doing it now. voters, then it ought to be set aside and a new election ordered. The SPEAKER pro ternpore. The Chair will state that these exec- Let us see how this would stand, if we consider for a moment the utive co1nmunications are usually not ordered to be printed until the 'case of Mr. Buttz. Mr. Buttz would take the ground that if we throw committee so reports, unless a special request be made. That request out these voting-precincts-those that we have thrown out-then be is made in this instance. Is there objection f would have a clear and decided majority . . That certainly would be There being no objection, it was ordered accordingly. the case ; but the throwing out of more than 10,000 votes will neces- CONTRACTS TO FUR..~SH SOLDIERS' HEAD-STONES. sarily disfranchise so many persons that your committee thought the election ought not to stand. They believed it fairer to all p:trties to Mr. BANNING, by unanimous consent, submitted thefollowing res- remit the case to the people and let them determine by a fair election olution; which was read, considered, and agreed to: who their Representative shall be. That is all that this report rec- .Resolved That the Committee on Military Affairs be permitted to print the tes- 'ommends to the H(luse. timony taken by that committee in reference to the contracts to furnish soldiers' hea.d.stones. I do not think it necessary for me to go into a detailed examination ·of the matter. I think that what the Hoose baa learned from the Mr. BANNING moved to reconsider the vote by which the resolu- sitting member, the evidence, and the report of the committee suffi- tion wah adopted; and also moved that the motion to reconsider be ces to fully justify the position of the committee upon this question, laid on the table. which is that the election in the city of Charleston was conducted The lattt\t• motion was ngreed to. 1876. OONGR.ESSIONAL REOOR.D-HOUSE. 4743 AR:M:Y APPROPRIATION BILL. officera. The committee upon the part of the Honse concurred finally Mr. ATKINS. I submit the following conference report. with the Senate committee in recommending to the Honse and to the The Clerk read as follows: Senate that a commission should he appointed, composed of two mem- bers of the House and two of the Senate, appointed by their respect- The committee of conference on the disagreeing votes of the two Honse on the ive presiuing officers, also of the Secretary of War, and an officer of amendments of th" Senate t{) the bill (H. R. No. 3717) making appropriations for the support of the Army for the fiscnl year ending June 30. 1877, and for other plllJloses, the line and an officer of the staff, appointed by the President of the bavmg met, after full and free conference have agreed to recommend, and do rec- Unit.ed States, who should sit during the recess, and submit a report omruend to their respective Houses, as follows: to Congress at its next session, embracing the whole subject of the That the Senate l'ecede from its amendments numbered 15, 16, 18, 19, 27, 28, 33, re-organization of the Army, the reduc:ion of salaries, the reduction and :15. That the Honae recede from its disagreement to the amendments numbered 1, 2, in the numbers, the reduction in the number of officers, &.c. The con- 6, 8, 9, 10, 12, 13, 14, 17, 20, 24, 29, 31, 36, and 37, and agree to the Rame. ferees upon the part of the House thought it was wise to agree to that That the House recede from its disagreement to the amendment n'Jmbered 3, and propo~:~ition. We believe, sir, that there can be and will be a perma- agree to the 1:111.me with an amendment striking out "five" and inserting "three;" nent reform effected by the commission; and therefore, without giv- and the Senate agree to t.he same. That the House recede from its ,d isagreement to the amendment numbered 4, and ing the reasons for that opinion, we concur in the recommendation of agree to the same with an amendment striking out "one hundred and five" and the Senate conferees. insertin.,. "ninety;" and the Senate agreo to the same. This bill does not uiminish the actual force of the enlisted men in That the House recede from its disagreement to the amendment numbered 5, and agree to the s.1mo with an amendment, as follows: . the Army. The force is kept at 25,000 men, aa now provided by Stlike out all of said amendment after the worcl " and," in line 6, and insert in law. It does not touch the salaries of any of the officers; not in a. lien of the words stricken out the following: "As provided by law, with a force of single instance. It diminishes the force in the Signal Corps from four enlisted men not exceeding four hundred, after present terms of enlistment ho.ve hundred and fifty to four hundred men. The House reduced it to expired;" and the Senate agree to the same. That the Honl!e recede from its disagreement to the amendment numbered 7, and three hundred and fifty, and the conference report puts the number agree to the same with an amendment, as follows: Stiil> e out the words ·'sixty- at four hundred men. The Senate had fixed it at four hundred and eight" and insert in lieu thereof the word "eighteen; " and the Senate agree to the fifty. The House bill had fixed the number of Indian econts at one same. hundred and fifty; the Senat,e insisted upon three hundred. And as That the House reoede from its disagreement to the amenrlment numbered 11, and agree to tho same with an amendment striking out "two hundred and fifteen one hundred and twenty of those Indian scouts fell with the la- thousand five hundred and seventy-three" and inserting ·• one hundred and sixty- mented Custer the other day, the conferees on the part of the Honse one thousand six hundred and thirty-seven;" allll tho senate agree to the same. thought the demand was reasonable; and we agreed. ta the amend- That the House recede from its di agreement to the amendment nnmbered 21, and ment of the Senate fixing the number of Indian scouts at three hun- a;?:rco to tho same with an amendment striking out "$4,000,000" and inserting "~:.l,'i50,000." dred men. The companies of cavalry, under this conference report, That the House recede from its disagreement to the amendment numbered 22, and are increased to one hundred men. I believe that those ~tre the dis- agree to the same with au amendment striking out "one million and seventy" antl tinctive features of the bill as agreed to in the committee of con- inserting "oigbt hundred and fifty;" and the Senate agree to the same. ference. That tbeHon~>e recede from its disagreement to the amendment numbered 23, and agree to tho same with an amendment., as follows: At the end of said amendment Mr. SPRINGER. I would like to ask the gentleman to make a add tho following: "Provided, Tba euch assignment of recruits shall not increase statement of the difference in figures between the bill as now pre- the tot1.l aggrega~e of tho Army Lt~yond the number of 25,000 enlisted men, as sented and the bill as it passed the Honse and as it passed the Senate. proYided for in uris act ; " and the Senate agree to the same. Mr. EDEN. Before the gentleman from 'fennessee passes to that I That tho Hoose recede from its disagreement to the amendment numbered 25, and agree to t.he same with an amendment. as follows: Strikeout from said amendment would. like to know if I understood the gentleman correctly. Is there tho word "nine" antl insert in lieu thereof the word" five;" and the Senate agree an actun,l increase in the number of the Army under this bill f t.o the same. Mr. ATKINS. No, sir. I said there was not an actual increase. That tho House recede from its disag1eementto the amendment numbered 26, and agree to the same with au amendment, as follows: Strike out from said ame.n dment Mr. EDEN. I misunderstood the gentleman. "1ivo hundred" and insert in lien thereof "one hundred and fifty," and st1ike out Mr. ATKINS. The Army remains at twenty-five thousand enlisted all of tho pro>iso; and the Senate agree to the same. men as now provided by law. That thl'- House recede from its clisagreemant to the amendment numbered :.lO, and Mr. HOLMAN. There is an increase in tho number of scouts. a~ree to the same with an amenrlment, as follows: Strike out from said amendment tho W<'rd "five" and insert in lieu thereof the word "four;" and the Senate agree Mr. ATKINS. It is not an increase in the number of scouts as pro- to the same. vided by law, but an increase over the number provided in the Honse '!'hat the Hoose recede from its disa.g reement to the amendment numbered 32, bill. . and agree to tho same with an amendment, as follows: Retain the proviso pro- In reply to the question of the gentleman from Illinois [Mr. pose(l to be stricken out; and the Senate agree to the same. That the House recede from its ilisagreement to the amenclment numbered 34 SPRINGER] I will say that the original estimates aa submitted by Ex- and a,...rrree to the same with an amendment, as follows: Strike out" two hundred •1 Secretary of War Belknap for the support of the Army for the pres- ancl insert" one hundred and seventy-five," and insert at the end of the bill the ent year enuing June 30, 1877, were 33,348,708.50. Secret.ary Taft following: revised those estimates, and reduced them five millions; leaving them SEc. 3. Thateverymilitmy postmayhaveone trader, to be appointed bytheSec- reta.ry of War on tho recommendatiOn of the council of admimstration approved at $~,793,708.50. The bill for the support of the Army for the last by tbe commanding officer, who shall be subject in all respects to the rules and fiscal year endin~ J tme 30, 1876, appropriated $27,933,830. The Honse rerru lations for tho government of the Army. Appropriations uommittee reported to the House a bill appropriat- SEC. 4. That the whole subject.matterof reform and re-organization of the Army ing .23,155,077.12 for the support of the Army for this year. As it of the United States shall be referred to the commission hereinafter provided for, who shall carefully and thorongl.Jly examine into the matter with reference to the passed the House it appropriated $24,183,259.06, including the unex- demands of the public service, as to the number and pay of men and officers and pended balances. The bill as it passed the Senate appropriated tho proportion of the several a.:ms, 1\Jld also as to the rank, pay, and duties of the $27,561,361.40. The net increase of the Senate bill over the Honse several staff corps. and whether any and what reductions can be made either in the bHl was 3,378,102.~4. The bill as it passed. the conference committee line or staft~ in numbers or in pay, by consolidation or otherwise, consistently with the public service, having in view a just and reasonable economy in tho expendi- a.nd which is now presented to the House appropriates $26,069,167.80. ture of public money, the actual necessities of the military seTvioo, and the capacity The reduction made in conference as conceded by the Senate was for rapid and effective increase in time of adual war. $1,492,193.60. The House concession was $1,885,908.74. The amount The commission hereby created shall consist of two members of the Senate and two members of the House of Representatives, to be appointed by the presiding appropriated for this fiscal year below that appropriated for the last officers of each House respectively, of the Secretary of War and two officers of the fiscal year for the support of the Army is $1,864,662.20. Army. one from the line and one from the staff corps, to be selected by the Presi- In view of the fact, Mr. Speaker, that the House bill was upon the dent with special reference to their knowledgt} of the organization and experience basis of 22,000 enlisted men, I consider that the reductions as made in service. Such commission shall assemble as soon as practicable and proceed to the consid- in this conference report are very reasonable. eration of the matters with which they are charged, and make report to Congress Mr. BANNING. And we have given one hundred and fifty addi- by the first day of the next session through the President of the United States tional scouts. with all the evidence, record or otherwise, which they shall have received and Mr. ATKINS. Yes, sir. considered. And the sum of $1,000 is hereby appropriated from the contingent fund of the Mr. STONE. Will the gentleman from Tennessee yield to me for a War Department to defray the expenses of such commission, to be expended under question f the direction of the president of said commission. Mr. ATKINS. Yes, sir. J'. D. C. ATKINS, Mr. STONE. Has that report been printed. H. B. BANNING, S. A. HURLBUT, Mr. ATKINS. I am not a very good parliamentarian, but I think Managers on the part of the House. the gentleman's question comes too late if he intends to make the point W. B. .ALLISON, of ordet that the bill is not printed, the main question having been J'NO. .A. LOGAN, ordered. J. B. GORDON, Mr. STONE.. I merely asked the question for information. I think Managers on the part of the Se1&af.e. the House should understand what it is voting on. I venture to say Mr. ATKINS. I demand the previoua question on the adoption of that there a.re not more than three men in the Houae who understand. that report. it. The previoua question was seconded and the main question ordered. Mr. ATKINS. The gentleman should speak for himself and not for Mr. ATKINS. I desire to submit a. remark or two in explanation tho House. of the report. It will be observed that the House bill, which pro- The report of the committee of conference was agreed to. vided for the re-organization of the Army, was not acceptable to the :Mr. ATKINS moved to reconsider the vote by which the report of Senate. The Senate declined to agree to the re-organization. They the committee of conference was agreed to; and also moved that tb.e dec1ined also to agree to the decrease of the Army from 25,000 to 22,000 motion to reconsider be laid on the table. · enlisted men. They also objected to the decreru:;e of the salaries of The latter motion was agreed to. 4744 CONGRESSIONAL RECORD-HOUS;E. JULY 19, PRmiNG OF TESTIMONY. bands invading our country from Mexico," as the President says in Mr. SINGLETON, from t he Committee on Printing, reported the his message, oro ed our borders and right under our eyes have following resolution; which was read, considered, and agreed to: drained our country of its wealth and resources and murdered our Jlesolved, That the testimony and evidence taken before the Committee on Ex- people. Sir, they have established communities of robbers upon our penditures in the War Department be printed for the use of the House. borders and all milita.t·y men say that it is impossible by defensive acts upon this side of the border alone to break up this system. Mr. SINGLETON moved to reconsider the vote by which the l'eso- The committee were at first not in favor of recommending a meas- lntion was adopted; and also roofed that the motion to reconsider be ure of this kind, but they were forced to the conclusion by the evi- laid on the table. dence adduced before them that the defense of the border would be The latter motion was agreed to. very imperfect without this power and that it is a necessary incident ENROLLED BILLS SIGNED. of our self-defense. Mr. PLAISTED, from the Committee on Enrolled Bills, reported I say that for ten years these Mexicans in armed bands have crossed that they had examined and found truly enrolled bills of the follow- over the border and disregarded our boundary. They have heaped ing titles; when the Speaker pto tempore signed the same: insults upon us for ten years in succession, continually, and without ' An act (H. R. No. 1427) for the relief of H. P. Jones & Co.; and cessation. An act (H. R. No. 3855) for the relief of George T. Olmsted, jr. Now, as regards the feelings of the Mexicans; gentlemen have Mr. BAKER, from the same committee, reported that they bad ex- dwelt upon the fact tbat the Mexicans would be offended if we did ft,mined and found truly enrolled a bill of the following title; when this thing. I suppose that, in the :first place, they really would be the Speaker pro tempore signed the same: oftended at having their cheap market for beef broken up. Then, An act (H. R. No. 1771) to declare forfeited to the United States again, it is said that the patriotic feelings of the Mexicans would be certain lands granted to the State of Kansas in aid of the construc- aroused by our crossing mto their territory. I ask gentlemen if the tion of railroads by act of Congress approved March 3, 1863. feelings of our own people do not deserve .some consideration also. RESIGNATION OF A MEMBER. The feelings of our people have been outraged for ten years past, not only by these armed bands of Mexicans passing over into our country, The SPEAKER pro tempore. The Chair lays before the House a but by their robbing and murdering our people; a thing which it is not communication which the Clerk will read. expected that our soldiers would ever do. I claim that a share at The Clerk rea'(} as follows: least of this sympathy which is so very freely bestowed upon the W A8HINGTON, J'IJ),y 19, 1876. Mexican people sboulrl be bestowed upon our people also. To the honorable the Speaker of the House of RepresentativtUt of the United States: [Here the hammer fell.] · I herebv r espectfully resign my seat as a. membl\r in the House of Represent:l- The CHAIRMAN. The time of the gentleman has expired. tives of the United States of the Forty-fourth Congress. Very respectfully, your obedient stJrvant, Mr. BANKS. I desire to modify the amendment which I submitted WINTHROP W. KETCHAM. yesterday in regard to the notice to be given to the government of .Mexico. Instead of saying " after due notice," I will modify it so PROTECTION OF TEXAS FRONTIER. as to require "the President of the United States to give to the gov- Mr. SCHLEICHER. I now move that the House resolve itself into ernment of Mexico full and sufficient notice of the intention of this Committee of the Whole on the state of the Uniou for the purpose of Government/' &c. considering the joint resolution (H. R. No. 96) to provide for the pro- Now a word or two in regard to my pprpose in offering this amend- tection of the Texa-s frontier on the Lower Rio Grande. ment. It was one that I suggested to the committee as embodying Pending that motion I move that all debate upon the pending sec- my views of the question at the time the subject was originally brought tion and amendments thereto be closed in fifteen minutes. up for consideration. It is indispensable that there should be some The motion to close deba.te was ltO'reed to. power to follow those invaders of OUl' country when we are in close The question was t.'tken on Mr. ScHLEICHER's motion to go into pursuit of them in possession of their booty in order that we may re- Committee of the Whole on the state ofthe Union, and it was agreed cover from them the property they have stolen. As the chairman of to. the committee [b1r. SCHLEICHER] has said and as every witness has The Honse accordingly resolved itself into Committee of the Whole, testified, these raitlers simply cross back to the other side of the Rio (.Mr. MoNROE in the chair,) and resumed t.he consideration of the joint Grande, and there they stop and defy our troops who are in pursuit resolution (H. R. No. 96) to provide for the protection of the Texas of them. :f!:ontier on the Lower Rio Grande. Tha House very generally and I think very properly hesit:l.tes to The CHAIRMAN. By order of the House the five-minute debate authorize any act which may result in war and which may be con- upon the whole bill is limited to fifteen minutes. sidered by the government of Mexico a~:~ an act of war. Many persons A1r. SCHLEICHER. Mr. Chairman, there are two substitutes of- think that for Congress to grant authorit:v to our troops to cross the fered in place of the second section of the joint resolution, and before border between the two countries would be an act of war. There is the Honse decides which of the two to vote for I will say a few words a precedent which we can follow and which will relieve us of all upon t.be necessity of having this secoml section or one of the substi- difficulty in this matter. tutes adopted. In 1868, I think it was, there wns a statute passed in relation to the It ha.s frequently before been mentioned that all the milit.ary men arrest of naturalized citizens of this country while in foreign coun- who appeared before the committee and who were familiar with the tries. They arrested our naturalized citizens and refused to release condition of affairs upon the Lower Rio Grande with one voice insisted them or to consider their case at all as naturalized citizens of this that there was a necessity of having this power to cross the river in country. For fifty years we b~d demanded a hearing and discussion order to have efficient protection. The reason for it is this: Upon of that question, and it had been refused. The Honse of Repre ent- our side of the river there is a dense thicket extending in a width of atives by a very decided vote pa-ssed a bill authorizing the President :fifteen or twenty miles along the banks of the river, and experience of the Umted States on the arrest of a naturalized citizen in a for- has shown that in nine cases out of ten the raiders, if seen or encoun- eign country and a refusal to relea-se him on 'd emand of this Govern- tered at all, were met by the troops just as they emerged from that m«mt, to make n. reprisal by arresting any subject of that government thicket and were on the point of crossing the river with their booty. who should be found within the juriscliction of the United States. No matter how many troops are stationed there for defensive pur- Upon a. discussion of the question, the Senate thought that thit~ re- poses this thing will continue, for if experience has ta.ugbt anything prisal would amount to an act of war. But that is not so. A reprisal it bas taught this: That the troops will find, in nine cases out of ten, is not an act of war of itself. It may be atteEded by circumstances the raiders emerging from the thicket and in the act of oro sing the which would make it an act of war; but in itself an act of reprisal river, and iu many cases they have a p:1rt of the herd of stolen cattle is not an act of war. But to avoid this difficulty, the Senate adopted grazing on the other side of the river and parade them before the this phraseology : eyes of our soldiers; and in such ca-ses our troops have nothing to do If the release so demanded ia unreasonably delayed or refneed, it shall be tho duty but to stand idle and look at these raiders, who from the opposite of the Pr68ident to use such means, not amountiag to acta of war, as he may think banks cast all sorts of epithet~ against. our men. Sir, I have been necessary and proper to obt:.~.in or effectuate suc\ release. assured that old soldiers have stood upon our banks of the river act- The House accepted that phraseology. Upon the passage of that ually crying for mortification and. sha~ that these men, who had act followed the naturalization treaties which have secured in nearly been for years preying upon our people, right in view of them car- all foreign countries the recognition of the rights of naturali~ed citi- ried off t.beir booty and laughed at them. zens upon exactly the same basis as those of native-born citizens. Does this House wish such a state of things as that to continue f I have adopted that phraseology in the amendment I have pro- It is a perfect farce to say that, if our troops are sent there for the posed. The advantage of that is that whatever is done cannot of purpose of preventing these raids and they are in sight of the itself be an act of war, because the President hal! no authority to do robbers and the stolen cattle, they must not follow or the Mexican anything which shall amount to an act of war. If, for example, a government will make it a cause of war. It is perfectly ridiculous person be killed or if an innocent person be injured in his property according to my views. No sensible government could make a case or his rights, it will admit of an explanation on the part of this coun- of war out of such an occurrence. try to the Mexican government and of compensation to the person But gentlemen are exceedingly tender not to interfere with the injured. Therefore, there can be no possibility of this act being of boundary of Mexico or the rights of the .Mexican government. I wish, itself ::m act of war, because the President has no authority to mako sir, that some of that tenderness could be transferred to our own peo- any act of war, and it admits of a proper consideration for any injus- ple. Is not our boundary as sacred in our (_\yes as that of the Mexi- tice done to a Mexican subject or of explanation to the Mexican gov· cans f And yet in the last ten years again and again have '' armed ernment and a proper apology being made for it. 1876. CONGRESSIONAL RECOR.D-HOUSE. 4745 In addition to this, it gives us the right to follow up on the in- substitute of the gentleman from Massachusetts in place of the sec- stant these men who come over our borders and rob onr people and tion as it stands. return to the Mexican territory with our property. These men are Mr. THORNBURGH. The committee has no power to do that; not .Mexican subjects; they are not citizens of the United States. there must be a vote upon it. They are outlaws; they are robbers; and the Mt>.x.ican government Mr. PAGE. I ask that the second section as well as the proposed does uot pretend to bold itself responRible for them. Therefore if we substitutes be reacl. follow the wake of such men when they are fleeing from our country The Clerk read the second section, as follows: with the property of our people in theu possession, and arrest them SEC. 2. That, in view of the inability of the national government of Mexico to and recapture that property, it cannot be re~arded by the Mexican prevent the inroads of lawless parties from Mexican soilmto Texas, the President ~overnment as an act of war or as an act of inJustice, especia11y when 111 hereby authorized, whenever, in his judgment, it shall be necessary for the pro· tootion of the rights of American citizens on the Texas frontier above described, 1t is predicated upon the ot.her fact that this proceeding is not to be to order the tToops., when in bot pureuit of the robbers with their booty, to cross undertaken until a. full a.nd sufficient notice shall have been given the Rio Grande and nse such mean11 as they may find nece88ary for recovering the of our purpose to the Mexican government and the President shall stolen property and checking the raid~ guardlng, however, m all cases, against have been satisfied that the Mexican government ia unable to protect any unnecesaary injury to peaceable inhabitants of Mexico. our rights in this regard. The Clerk also read the following proposed substitute of Mr. BANKs, [Here the hammer fell.] as modified : The CHAIRMAN. The time of the gentleman has expired. That, whenever it shall appear t{) the President that the government of Mexico Mr. TUCKER. :Mr. Chairman, I do not know how the question is unable to prevent the existin~ lawless invasion of the territory of the United States from :Mexico for purposes of plunder or robbery, he shall be, and hereby is, stands before the committee just now. authorized, if in his judgment it becomes necessary, after notice of four months to The CHAIRMAN. The Chair will state the position of the ques- the g-overnment of Mexico, tc() order the troops charged with the defense of the ter· tion if it is desired. When the committee rose yesterday there wera rit{)ry of the United States, when in close pursuit of such invaders, to cross the two substitutes pending. The gentleman from Massachusetts, [Mr. Rio Gr:mde and to use snch means, not amounting to acts of war, as may be req ui- aite for the recovery of stolen property and to protect the citizens and territ<>ry of BANKs,] who ha.'i just resumed his seat, offered a substitute for sec- the United States against the acts of outlaws and robbers. tion 2. The gentleman from Virginia, [Mr. TUCKER,] who has just claimed the floor, offered a substitute for the substitute of the gentle- The Clerk also read the proposed substitute of Mr. TUCKER, as fol. man from .Massachusetts. As the matter now stands the vote will be ~m: : first taken on the substitute of the gentleman from Virginia, and then SEc. 2. That the President of the United States be authorized and is hereby re- on that of the gentleman from Massachusetts. quested to pr68ent to the Jrovernment of Mexico a. formal statement of the injuries and damages done to the citizens of the United States by the inroads and invasions Mr. TUCKER. Mr. Chairruan, the amendment of the gentleman of the Unit~d States by lawless bands from the Mexican states; and, further- from Massachusetts has the same purpose as my own. The only more, to demand. that the government of Mexico shall prevent and restrain allsuoh difference between the two propositions is that mine is more specific. inroarls and in:vl\Sions in future. It fixes the terms of the notice that shall be given to the Mexican If tho Me3"ic.;..n government shall not within four months after such formal state- ment 11-nrl dema.nrl take effective mea-sures to prevent such inroads and invasions, the government before there shall be any action taken by the President Presio.c-nt of th~ United States is hereby authorized to use the Army of the United of the United States; and it directs the President to present to the States, or so much thereof as he may doom necessary, to drive out any bands of in- government of Mexico a formal statement of the injuries and damages vaders and t.o pursue them in to t be territory of Mexico for the sole puri>ose of recov- 8uffered by citizens of the United States from these inroads and inva- ering the property taken from citizens or other1:1 under the protection of the United States, guarding m all cases against any unnecessary injury to the persons or prop. sions, and formally to demand the prevention and restraint by that erty of veaceable inhabitants of Mexico. government of such inroads and invasions in the fulinre. It then The President is furl.ber requested at once to notify ~his joint resolution to the provides that, "if the Mexican government shall not within four Mexican government. With an earnest remonstrance agamst the wrongs done to the months after such formal statement and demand take effective meas- people of the Umted Stat.es, and that, while forbearing to take any measures buli such as are recogniwd as .i ust and proper between nations at peace, the Governmen~ ures to prevent such inroads and invasions, the President of the United of the United States will be constrained, savin~ the peaceful relations between the States" shall be" authorized to use the Army" "to drive out any bands two conutries, to take such action as is indicated by this ,joint resolution, unless of invaders and to pursue them into the territory of Mexico for the the Mexican government shall effectually prevent the evils complained of in the sole purpose of recovering the property taken from citizens or others future. under the protection of the United States," guarding a.gainst unnec- The question being taken on agreeing to the substitute of Mr. eRSary injury to the persons or property of peaceable inhabitants of TucKER, it was not agreed t.o. Mexico. The question w::tB then taken on agreeing to the substitute of Mr. It further provides that the President shall notify this joint resolu- BANKS ; and there were-ayes 88, noes 5; no quorum voting. tion to the Mexican government with a remonstrance against these The CHAIRMAN. If there be no objection, the substitute will be wrongs and that, " while forbearing to take any measures but such as regarded as agreed to. are recognized as just and proper between nations at peace, the Gov- .Mr. SCHLEICHER. I move th!l.t the committee rise and report ernment of the United States will be constrained, saving the peace- the joint resolution to t.he House. ful relations between the two countries, to take such action as is in- .Mr. CONGER. There was no quorum, and I think on a declaration dicated by this joint resolution, nnleBB the Mexican government shall of war we should have a quorum. . effectually prevent the evils complained of in the future.'' The CHAIRMAN. The vote is still to be taken on the second sec- Now, the substitute of the distinguished gentleman from Massa- tion as amended by the substitute, which question the Chairman will chusetts provides only til at- put to the committee. The question is on agreeing to the second Whenever it shall appear to the President that the govemment of Mexico is un- section of the joint resolution as amended by the substitute of tho able to prevent the existing lawless inva!!ion- gentleman from Massachusetts, [Mr. BANKs.] Now, my amendment proposes that when this shall appear to the M·r. CONGER demanded a division. President, if four months elapse without the Mexican government The committee divided; and there were-ayes85, noes 38; no quorum making reparation or taking any steps in the matter, the President voting. may use the Army to drive out bands of invaders. The CHAIRMAN. Is a further count insisted upon f The amendment of the gentleman from Massachusetts continues- Mr. CONGER. I shall ask for the yeas and nays on that amend- he shall be, and hereby is, authorized, if in his judgment it becomes necessary, ment in the House. after full and sufficient notice to the government of Mexico- Mr. BURCHARD, of illinois. When the substitute was adopted This does not fix the term of the notice- what neceBSit.y was there for putting the question again T The CHAIRMAN. Perhaps the gentleman from Illinois is \echni- to order the troops charged with the defense of the territory of the United StAtes, c~lly right. : when in close pursuit of invaders, to cross the Rio Grande, &c. Mr. CONGER. If gentlemen agree there shall be a vote by yeas I think, therefore, with very great deference t0 the views of my and nays in the House, I will not object to the adoption of the sec- distinguished friend, that perhaps the substitute which I offer is more ond section as amended. specific and definite, particularly in the matter of notice; and I should Mr. SCHLEICHER. I agree you shall have the yeas and nays on prefer, on that account, to see it adopted, although of coul'Se if the that question in the House. gentlemen in charge of this bill prefer that of the gentleman from Mr. CONGER. Very well; I do not ask for a fnrt1ler count. .Massachusetts, I have no special objection. The second section, as amended, was then adopted. Mr. SCHLEICHER. I believe I can say on behalf of the commit- Mr. SCHLEICHER. I move the committee rise and report the bill tee that they are entirely satisfied to accept the substitute of the gen- to the House. tleman from Massachusetts. The motion was agreed to. The CHAIRMAN. The Chair desires to remind the committee that The committee accordingly rose; and the Speaker pro tempare hav- the time limited for debate by order of the House has closed. ing taken the cho.ir, Mr. MoNROE reported that the Committee of the Mr. BAN~S. I desire to say that I modify my amendment in ac- Whole on the state of the Union had, according to order, had under cordance w1th the suggestion of the gentleman from Vir~nia by consideration the joint resolution (H. R. No. 96) to provide for the striking out the words ~'full and sufficient notice" and insertmg "no- protection of the Texas frontier on the Lower Rio Grande, and had tice of four months." directed him to report the same back to the Honse with sundry The CHAIRMAN. The first question is on agreeing to the substi- amendments. tute of the gentleman from Virginia [Mr. TucKER] for the substitute Mr. SCHLEICHER. I call for the previous question on the joint of the gentleman from Massachusetts, [Mr. BANKS.] resolution and amendments. l\1r. STEVENSON. I ask that both the substitutes may be read. :Mr. CONGER. I hope the gentleman will not attempt that. I Mr. PAG~. I understand that the committeo have accepted the wish to make a remark or two on the joint resolution. 4746 CONGRESSIONAL RECORD-HOUSE. JULY 19, Mr. SCHLEICHER. Let the House decide whether it will sustain 1\!r. KASSON. I suggest the gentleman from Indiana is in error. the demand for the previous question or not. The SPEAKER p1·o tmnpm·e. It is not. necc1:1sary for this matter to The previous question was seconded n.nd the main question ordered. be discUl:ised further. The Chair is ready to decide the point. SUNDRY CIVIL APPROPRIATION BU.L. Mr. \VARREN. I desire to make a parliamentary inquiry different from anything which bas hitherto been suggested. The question I A message was received from the Senn.te, by Mr. SYMPSON, o~e of desire to 3Sk of the Chair is whether a motion to commit this bill to their clerks, announcing the adoption of the report of the committee the Committee on the Judiciary, with instructions to inquire andre- of conference on the disagreeing votes of the two Houses on the bill port if it interferes with the constitutional power of the President (H. R.No. 37 49) making appropriations for the sundry civil expenses of over the Army, would be in order t the Government for the year ending June 30, 1877, and for other pur- The SPEAKER pro tempore. Such a motion would not be in order, poses. as the previous question is operating. The Chair is informed by the PROTECTION OF TEXAS FRONTIER. Clerk that the amendment, and whn.tisapparentlya proviso to it, were The SPEAKER pro tempore. The amendments reported from the entertained in the Committee of the Whole as entirely different prop- Committ.~e of the Whole on the state of the Union will now be read ositions ; that one came in a considerable time after the other had in their order. been adopted. The proviso was adopted as a substitute for the The Clerk read a.s follows: amendment offered by the gentleman from South Carolina, [Mr. In lines 9 and 10, strike out "the northern boundary of the State of T:un1.ulipas, SMALLs,) whereas the other was offered by the gentleman from Texas above Laredo," and in lieu thereof insert" Fort Duncan, and above if necessary." [Mr. ScHLEICHER] on behalf of the committee, and was separately The amendment was concurred in. voted on. More than that, the Chair must say that the amendment The Clerk read as follows: and proviso involve distinct propositions, at lenst to such an extent Adtlt.o line 15, after the word "service," the followin~: "And the me:umres herein that a division upon them could be had at n.ny rate. The question is directed shall be carried out without delay, any restrictions or limitations in the upon the amendment first reported by the Clerk. It will be again laws in regard to the Army notwithstanding." reported. Mr. CONGER. There was a proviso to that amendment. The Clerk read as follows : The SPEAKER pto tempore. The Chair is auvised that they were Add to the :first section these words: separate amendments. · And tho me<~sm·es herein directed shall be carried ont without delay, any r&· .i\1r. CONGER. Let the proviso be read. striations or linaita.t·ions in the laws in regard to the Army notwithstanding. The Clerk read as follows: Mr. RAI-l"'DALL. That increases the Army. • ProJJided, That no part of the troops provided for by this resolution r3h:ill be Mr. SCHLEICHER. I desire to say that I consider that a.mend- taken from any State or service where troops may now or hereatter be stationed, ment entirely immaterial, since both Houses have UJ?yeed to the re- if in the jud:pnent of the President the public service requires a continuance of port of the committee of conference on the Army bill, under which troops in suon localities. the Army is not to be reduced. Mr. HOLMAN. Is this all one amendment! Mr. HALE. I do not call for the yeas and nays on that amendment. The SPEAKERp1'o tempore. The Chair is now informed it is one The question being taken on the a.menfunent, it wa not agreed to. amendment. The SPEAKER pro tempore. The Clerk will read the next amend- 1\fr. HOLMAN. One provision changes the laws in regard to the tnent. · Arms-- The Clerk read as follows: The SPEAKER pro tempore. It is not open to debate. Add at the end of tho first section tb~ following : Mr. CONGER. Then the vote is to be taken upon it as one propo- Provided, That no part of the troops provitled for by this resolution shall be takt:·n ~tiouf · from any St.ate or service where troops may now or hereafter b stationed. if. in the judgment of the President, the public service requires the continuation of troops The SPEAKER pro tempore. It is. in such localities. The committee divided; and there were-ayes 56, noes 101. The SPEAKER pro tempm·e. On this amendment the yeas and nays Mr. HALE. I demand the yeas and nays. have been ordered. The yeas and nays were ordered. Mr. HOLUAN. I rise to a question of order. The amendment to Mr. RANDALL. Let the amendment be again read. which this proviso was at.tached having been voted down, I submit The amendment was again read. that the proviso falls with it. Mr. RANDALL. That increases the Army. Mr. GARFIELD. The proviso atta{)bes to the section, and not to · Mr. KASSON. I rise to a parliamentary inquiry. The first por- the amendment which has been voted down. tion on the recommendation of the gentleman from Texas [Mr. The SPEAKER pro tmnporc. Tbe Chair overrules the point. of order. SCHLEICHER] was adopted, and after that, a-s a separate proposition, The question was taken; and there were-yea-s 80, nays 98, not vot- the proviso was adopted as an independent amendment. If that be ing 106; as follows: so, we can call for a division of the vote on the separate amendments. YEAS-Me srs. Ainsworth, Anderson, John H. Baker, William .!I. Baker, Bal- The SPEAKER pro tem,pore. '.fhe Chair is informed these amend.- lou, Banks, Bell, Blair, Bradley, William R. Brown, Horatio C. Burchard, Burleigh, ments were offered by different members of the committee and sepa- Cannon, Conger. Dan·all, Dav:v, Dobbins, Dunnell, Durand, Eames, Evans, Foster, rately voted on. That being the case, they must necessarily be voted Garfield, Hale, Hancock, llardenbergh, Hendee. Ho_ge, Holman, Hoskins. Hunter, on separately. Kasson, Kelley, rum ball, Lawrence, Leavenworth, LeMoyne, Magoon, MacDougall, Mc.Dill, Miller, Monroe, Mor~an. Nash, Nor ton, t iliver, O'Neill. Packer, Page, Pasne, Mr. HOLMAN. They cn.me to the House as one amendment, the William A. Phillips, Plaisteu, Platt, Potter, Pratt, Rainey, John Reilly, James B. proviso being offered as an amendment to the amendment, both con- Reilly. Rusk, Sampson, &wage, Sinnickson, Smalls, A. Herr Smith, Stevenson, stituting one amendment. Tarbox, Thornburgh, Martin I . Townsend, Washington Townsend. Tuft-s, Van Mr. GARFIELD. It is plainly divisible. It is the Hancock amend- Williams, Vorhes, Wait, Charles C. B. Walker, Alexander S. Wallace, Willard, Alpheus •. Charles G. Williams, Jarues D. Williams,Willia.m B. Williams, and Wil· ment on which we ask th~ yeas and mtys. . lis-80. Mr. BANKS. The latter is a separate proposition unquestionably. NAYS-Messrs. Ashe, Atkins, Bagby, John H. Bagley,jr., Bannin.,., Blackburn, Mr. KASSON. Put on in Committee of the Whole by a separate Bland, Boone, Bradford, Bright, John Young Brown, Buckner, SamuelD. Burchard, vote. Cabell, John H. Caldwell, William P. Caldwell, Candler, Cate, Caulfield, John B. Clarke of Kentucky, Clymer, Cochrane, Collins, Cook, Uox, Culberson, Cutler, Mr. GARFIELD. We ask for the yev.s and nays on the Hancock Davis, De Bolt, Dibrell, Dougla-s, Eden, Felton, Finley, Forney, Fort, Gib ou, amendment, and not on the first branch of it. We do not propose to Glover, Goode, Gunter, Andrew H. Hamilton, John T. Harris, Hartrid:;e, Hartzell, ask for the yeas and nays. Hatcher, Henkle, Hereford, Abram S. Hewitt, Hill, House, Thomas L. Jones, Kebr, Lamar, Franklin Landers, Lane, Lovy, Lewis, Luttrell, Mackey, Maish, Mr. RANDALL. One is to be put down; is that the idea f McFarland, Metcalfe, Milliken, Mills, Mutchler. New, Phelps, Piper, Randall Rea. Mr. GARFIELD. No; we ask for the yeas and nays on the Han- gan Rice. Ridille, William M. Robbins, Miles Ross, So..'\les, Schleicher, Singleton, cock amendment. . William E. Smith, Southa.r d, :Spencer, Springer, Stone, TetTy, Thompson, Thomas, · Mr. SCHLEICHER. The first has lost its importance since the con- Throc.kmorton, Tucke", Turney, John L. Vance, Robert B. Vance, Waddell, War- ren, Erastus Wells, Whitehouse, Wigginton, James Williams, Jeremiah N. Will- ference report on the Army bill has been adopted which leaves the iams, and Young-98. Army at twenty-five thousand. NOT VOTL.~G-Messrs. Ad~tms, George A. Bagley, Bass, Beebe, Bliss. Blount, Mr. HALE. If the Chair will pardon a sug~estion-- Campbell, Cason, Caswell, Uha.pin, Chittenden, John B. Clark, jr., of Missouri, The SPEAKER pro tempore. The Chn.ir is willing to accept sugges· Franklin, Cowan, Crapo, Urounse, Danford, Denison, Durham, Egbert, . ~llis, Ely, Faulkner, Freeman Frye. Fuller, Gause, Goodin, Robert Hamilton, Haralson, Ben- tions, but he is more anxious to learn the facts from the Clerk. jamin W. Harris, Henry R. Harrisl Harrison, Hathorn, Haymond, Hays, IIenderson, Mr. HALE. I called the yeas and nays, intending to call them Goldsmith W. Hewitt, Hoar, HooKer, Hopkins, Hubbell, Hunton, ti:urd, Hurlbut, upon the Hancock amendment, bearing in mind, a-s I did, yesteruay, Hyman, Jenks, Frank Jones, Joyce, King, Knott, George M. Landers, Lapham, in Committee of the Whole, the two propositions were not one_amend- Odell, Lord, Lynch, Lynde, McCrary, McMahon, Meade, Money, Morrison, Neal, O'Brien, John F. Philips, Pierce, Poppleton, Powell, Purman, Rea, John Robbins, ment. I do not think any member here will concede one proposition Roberts, Robinson. Sobieski Ross, Sayler, Sobu 'llaker, Seel;v.e, Sheakley, Slemons, is in any way dependent upon the other. They were separate and Sparks, Strait, Stenger, Stowell, Swann, Teese, Waldron, Gilbert C. Walker, John distinct propositions. Upon one there was quite a contest, tellers W. Wallace, Wallirig, Walsh. Ward, G. Wiley Wells, Wheeler, White, Whiting, being called, and a close vote of the committee being had. That was Whittborne, Wike, Andrew Williams, Wilshire, Benjamin Wilson, James Wilson, Alan Wood,jr., Fernando \Vood, Woodburn, Woodworth, and Yea.tes-106. the Hancock :1mendment, and it was upon that I intended to call the yeas and nays. I do not desire to have the yeas and nays on the So the amendment was not agreed to. other proposition. During the roll-call tho following announcements were made: Mr. HOLMAN. As the measure comes to the House, whn.t is called Mr. VANCE, of Ohio. .My colleague, Mr. POPPLETON, is absent by a separate amendment is a proviso to a proposition aJ.opted by the leave of the Hou e. Committee of the Whole, and however separately acted on in com- Mr. SA.VAGE. 1\Iy colleague from Ohio, 1\!r. McMAHoN, is enga.g ed mittee, both come into the House as one proposition. on the impeachment trial. 1876. CONGRESSIONAL RECORD-SEN.A.TE. 4747 Mr. CA.BELL. My colleague from Virginia, Mr. HuNToN, is de- By Mr. MA.CKEY, of South Carolina: The petition of Noneto Plan- tained from the Rouse by sickn·ess. dolet, a suhject of Alfonso, King of Spain, living at Barcelona, in that Mr. TOWNSEND, of Pennsylvania. I desire to announce that Mr. kingdom, that his claim for the proceeds of cotton seized and soltl WELLS, of Mississippi, is absent on account of illness. · by Uuited States Treasury agents at August.a, Georgia, be referred to Mr. CASON. I am paired with my colleague from Indiana, Mr. the Court of Claims to render judgment for such damage as they FULLER. I do not know bow he would vote on this amendment; shall deem him justly entitled to by reason of said seizure and sale, to but I presume if he were here be would vote "no," :md I would the Committee on War Claims. vote" ay." lly llr. MAGOON: Memorial of the Wisconsin Legislature, request- l\Ir. COCHRANE. My colleague from Pennsylvania, Mr. STENGER, ing an investigation into the right of Bon. GEORGE W. CATE to hold is sick and is absent by leave of the House. a seat in the present Congress, to the Committee of Elections. 1\ir. DUNNELL. I desire to state that my colleague, Mr. STRAIT, Also, the petition of Charles Cowles, Clayton Morgan, and other cit- was yesterday called away by important business. izens of Leroy, Wisconsin, for a commission of inquiry concerning.the Mr. BRADLEY. My colleague, Mr. WALDRON, is absent by leave alcoholic liquor traffic, to the Committee of Ways and Means. . of the House. Also, the petition of Thomas Hunsacker, and 50 other citizens, of Mr. EGBERT. I am paired with my colleague, Mr. WALLACE. If Grant Conn ty, Wisconsin, against reducing the present tariff ·on lead, he were here be would vote "ay" and I should vote "no." to the same committee. cA"r. MAcDOUGALL. _My colleague, Mr. ADAMs, is absent on ac- Also, the petition of W. J. McCoy, and 26 other citizens, of Grant co"tl:nt of illness. If present he would vote "ay." County, 'Visconsin, of similar import, to the same committee. The result of the vote was then announced. By Mr. MORRISON: Papers relating to the claim of Charles Valier, , The next amendment reported from the Committee of the Whole for three months' extra pay as second lieutenant Company M, Seventh on the state of the Union was the following, as a substitute for the Regiment Illinois Cavalry, to the Committee on War Claims. .second section of the joint resolution: That, whenever it shall appear to the President that the government of Mexico is unable to prevent the existing lawless invasion of the territory of the United States from M.exico for purposes of plunder or robbery, he shall be, and hereby is, authorized, if in his judgment it becomes necessary, after notice of forty days to IN SENATE. the government of Mexico, to order the troops charged with the defense of the terri- tory of the United States, when in close pursuit of such invaders, to cross the. ~o Grande and to use such means, not amounting to acts of war, as may be reqrus1te THURSDAY, July 20, 1876. for the recovery of stolen property and to protect the citizens and territory of the United States against the acts of outlaws and robbers. Prayer by-the Chaplain, Rev. BYRON SUNDERLAND, D. D. The Journal of yesterday's proceedings was read and approved. Mr. CONGER. The last vote taken in the Committee of the Whole on the state of the Union was upon the ·adoption of the second section HOUSE BILL REFERRED. as amended, and that is the proper question to be put to the House. The bill (H. R. No. 1972) to authorize the construction of an inclos- Mr. SCHLEICHER. Is this the substitute offered by the gentle- ure around the United States penitentiary at Boise City, in the Terri- man from Massachusetts, [Mr. BANKS t] tory of Idaho, was read twice by its title, and referred to the Commit- The SPEAKER pro tempore. The Chair so understands. tee on _Public Buildings and Grounds. Mr. SCHLEICHER. "\Ve have accepted that in the committee. REMOVAL OF THE DISTRICT JAIL. Mr. RANDALL. If I understand it, a negative vote upon this ques- tion votes out the second section. The PRESIDENT pro tempore laiu before the Senate the amendment Mr. HOLMAN. 0, no; the question is upon the amendment. This of tho House of Representatives to the bill (S. No. 842) authorizing was offered in committee as a substitute for the second section, and the commissioners of the District of Columbia to remove the jail on it now comes into the House, and I suppose must be voted on in the Judiciary Square to grounds near to the Washington Asylum for the same form. use of the District. Mr. BURCHARD, of Illinois. It was understood in committee that The amendment of the House of Representatives was in section 2, a vote was to be taken in the House upon this question as if upon a lines 5 and 6, to strike out the words "money in the Treasury" and motion to strike out the section. insert in lieu thereof the words "revenues of the District of Colum- Mr. HOLMAN. It comes into the House as a substitute for the bia;" so as t.o read: second section. , Which sum is hereby appropriated for that purpose out of any revenues of the Mr. RANDALL. It does not come as a substitute; it cornea as an District of Columbia not otherwise appropriated. amendment. Mr. MORRILL. I ask to have the Senate disagree to the amend- The SPEAKER pro tentpore. The question is on agreeing to the sec- ment in order to move for a committee of conference, for this reason: ond section, as amended. We now own this building, and it would seem perhaps proper that 1\Ir. GARFIELD. Then a negative vote votes out the second sec- we should meet the expense that may be required to put it up again tion. on Government land. If we allow the bill to pass a.s amended by the The question was taken ; and there were-ayes 98, noes 55. House, it seems to me we shalllo e all control over the property. As Mr. CONGER. I call for tellers. it is for the convenience of the United States court, as well as for Tellers were not ordered, only fifteen members voting therefor. other purposes, it is perhaps most proper that it should remain a Gov- Mr. CONGER. I call for the yeas and nays. ernment building. I therefore ask to have the amendment of the The question was put on ordering the yeas and nays; and on a House non-concurred in, so that a committee of conference may be division there were-ayes 31, noes 86. appointed. So (one-fifth voting in favor thereof) the yeas and nays were or- The amendment was non-concurred in. dered. 1\fr. MORRILL. I move that a committee of conference be appointed LEAVE OF ABSENCE. on the disagreeing votes of the two Houses. Leave of absence was granted to Mr. WALLING for ten days on im- The motion was agreed t.o. portant business. By unanimous consent, the P1·esident pro tempore was authorized to Leave of absence heretofore granted to Mr. DURHAM was extended appoint the conferees on the part of the Senate, and Mr. MORRILL, for five days. Mr. PADDOCK, and Mr. COOPER were appointed. Mr. O'NEILL. I move that the House do now a{]journ. REPORTS OF COMMITTEES. The motion was agreed to-ayes117, noes 44; and accordingly (at Mr. INGALLS, from the Committee on Pensions, to whom was re- five o'clock and seven minutes p.m.) the House adjourned. ferred the bill (S. No. 750) granting a pension to T. B. Murdock, re- ported it without amendment, and submitted a report thereon; which was ordered to be printed. PETITIONS, ETC. Mr. INGALLS. I am instructed by the same committee, to whom The following memorials, petitions, and other papers were pre- wa,s referred the bill (H. R. No. 3184) granting a pension to Emerick sented at the Clerk's desk under the rule, and referred as Mtated: W. Hansell, to ask to be discharged from its further consideration and By Mr. BANKS: The petition of JohnS. Gallaher, jr., of Washing- that it be referred to the Committee on Claims. Mr. Hansell was the ton, District of Columbia, for the difference of pay between $3 per messenger of the Department of State who was in attendance upon day for sixteen months and the pay of a third-class clerk for the same Secretary Seward at the time of his attempted assassination on the length of time, on account of services rendered in the Navy Depart- 14th of April, 1865. One of the other messengers, who received sim- ment, to the Committee on Naval Affairs. ilar injuries, waa awarded by Congress the sum of $5,000 by a special By Mr. CAULFIELD: The pet-ition of R. G. Dyrenforth, that he be act for injuries received on that occasion. The committee believe re-imbursed the amount expended by him in defending himself against that the claim of Mr. Hansell is meritorious and just, but being un- certain charges preferred against him, while examiner in the United willing to esl;ablish a precedent of pensioning persons in civil life, States Patenli-Office, by George Olney, of Brooklyn 1 New York, and they ask that the bill be referred to the Committee on Claims. from which he was exonerated, to the Committee on Patents. The report was agreed to. By Mr. DANFORD: Tpe petition of Lieutenant William S. Spriggs, Mr. WRIGHT. The Committee on Claims, to whom was referred late of the One hundred and sixteenth Ohio Volunteer Infantry, to the petition of John D. Thorne, praying compensation for certain cot- be relieved from the unjust sentence of a court-martial, to the Com- ton taken and appropriated by United States troops in Louisiana dur- mittee on Military Affairs. ing the late war, instruct me to report it back anu recommend that 4748 CONGRESSIONAL RECORD-SEN ATE. JULY 20, the claim be rejected. I wi ·h to say in this connection that the Sen- 1\fr. INGALLS. If the Senator from Delaware desires any infor- ator .from West Virginia farthest from me [Mr. CAPERTON] does not mation on the subject, I shall be very· happy to give it to him; but I agree with the other members of the committee. He is not in his should regret, on account of the absence of any Senators who ought place this morning, and be requested that the case should go upon to be here, that the bill hould be postponed at this sta!Te of the ses- the Calendar. There is no bill, however, in the ca e, and it cannot sion. The passage of the bill is rendered necessary by the decision go on the Calendar, being a mere petition. The report may at pres- of the Supreme Court rendered at its October term in tllo case of The ent, as the Senator from West Virginia is not in the Cha.mber, lie on United States vs. The Leavenworth, Lawrence and Galveston Ra.il- the table without any order on the subject of rejection. road Company. Dy the act of March 3, 1863, certain lands were Mr. DAVIS. What case does the Senator report? granted to the State of Kansas in aid of the construction of certain Mr. WRIGHT. The petition of John D. Thorne, of Louisiana. railroads. In 1867 the Osage Indians, who then occupied a large res- Mr. DAVIS. I suggest to the Senator that it lie upon the table. ervation in the southern part of Kansas, made a treaty by which Mr. WRIGHT. I have so suggested. they ceded to the United States a tract fifty miles in length by thirty The PRESIDENT p1'0 tempore. The report will lie upon the table in width, being fifteen hundred square miles, which was to be sold for the present, if there be no objection. for the benefit of those Indians to the amount of $300,000, the re- Mr. KEY, from the Committee on Post-Offices and Post-Roads, to mainder of the fund derived from the sale to be placed to the credit whom was referred the bill (S. No. 421) referrin~ to t.he Court of of the Indians generally for civilization purposes. This reservation Claims for adjudication and determination the clarms of the parties lay dil'ectly upon the route of those railroads to which I have previ- therein named for the past and future use of the Norton post-mark- ously alluded. The Secretary of the Interior decided that when the ing and postage-canceling band-stamp and the Robertson improved cession was made by the Osage Indians to the United States that hand-stamp, reported adversely thereon; a,nd the bill was postponed portion of their reservation became public land of the United States imlefini tely. and that the grant to the State for the benefit of those railroad cor- He also, from the same committee, to whom was referred the bill pomtions became immediately operative upon the 0 age ceded lands (S. No. 748) for the relief of James B. Guthrie, reported adve.mely within those limits upon the extinction or surrender of the Indian thereon; and the bill was postponed indefinitely. title. Patents were issued to the State of Kansa~, which were trans- Mr. BOOTH, from the Committee on Pensions, to whom was rs- ferred to the corporations as their roads were constructed. A very forred the bill (H. R. No. 1931) granting a pension to John J. Partillo, la.rge number of people from all parts of the country immediately of Gratiot County, Michigan, reported it without amendment and emigrated thither and settJed supposing that the title to the aUerna.te submitted a report thereon; ·which was ordered to be printed. sections was in the railroads, and made their purchases of those cor- He also, from the same committee, to whom was referred the bill porations. Probably thirty thousand people are within the limits of (H. R. No. 2468) granting a pension to David McComb, late employe that cession at the present time, and there are not less than half a in the naval service of the United States, submitted an adverse re- dozen towns of from a thousand to five thousand inhabitants in the port thereon ; which was ordered to be printed, and the bill was same area. postponed indefinitely; The question whether the grant to the State became operative He also, from the Committee on Public Lands, to whom was re- within the limits of the Osage reservation wa.s raised in the circuit ferred tho bill (S. No. 859) for the relief of certain claimants under court for the district of Kansas by a snit instituted for that purpo e the donation-land law of Oregon, approved September 27, 1850, re- under the directions of the A.ttorney-Gener'll. The case wns decided ported it without amendment, and submitted a. report thereon; which in favor of the United States before the circuit court; was taken on was ordered to be printed. appel:l.l to the Supreme Court of the United States, and was there de- Mr. BRUCE, from the Committee on Pensions, to whom was re- cided at the last October term-the opinion not being delivered until ferred the bill (H. R. No. 2079) grantin[ a pension to Henry H. Kaiser, April of this present year-to the effect that the grant to tho railron.ds late private in Company H of Eighth ~egi ment of United States Vet- did not become operative within the reservation, but that in fact it eran Volunteers, submitted a report thereon recommending that the was not the territory of the United States nor public lands subject to case be referred to the Commissioner of Pensions for his action; and disposal under the la.nd laws of the Government, and that therefore the committee was discharged from the further consideration of the no title passed to t.he railroads. It therefore becomes necessary that bill. some method should be devised by which these purchasers can obtain He also, from the same committee, to whom was referred the bill title to their property by paying for it over again. That is all they (H. R. No. 3178) granting a pension to Thoma.s Galloway, late captain a.sk, and this bill is to carry out the provisions of the treaty which of Company C, First :Maryland Cavalry Volunteers, reported it with- provides for the disposition of these lands by the United Sta,tes. out amendment, and submitted a report thereon; which was ordered Mr. MITCHELL. I desire to ask the Senator from Kansn.s whether to be printed. these settlers who went on to these lands after the Osage tit.le had H.AMBURGH RIOTS. been extinguished went there prior to the time of location of the road or subsequent to that time f l\Ir. PATTERSON submitted the following resolution; which waa 1\.fr. INGALLS. These settlers went on the land partly in pursu- considered by unanimous consent,. and agreed to: ance of a joint resolution of Congress under date of April 10, 1t560, ll~olved, That the President be requested to communicate to the Senate, if in his and many more of them after the Secretary of the Interior had decid- opinion not incompatible with the public interest, any information he may have in regard to the recent slaughter of American citizens at Ibm burgh, South Carolina. ed that the alternate sections belonged to the railroad corporations. These settlers then entered upon them, made their purchases and REPORT OF THE COMMISSIOSER OF EDUCATION FOR 1875. their improvements, and have remained until the present day. Mr. DAVIS submitted the following resolution; which was referred Mr. PAD DOCK. .M:ade their purchases of the railroad companies T to the Committee on Printing: Mr. INGALLS. Made their purchases in many inst.ances of the Resolved, That 2,000 copies of the report of the Commissioner of Education for ra'lroad corporations, in many cases paying for them in full, in others 1875 (out of the 1 ·,ooo copies ordered) be delivered to the superintendent of the paying for them pa.rtially, but in all cases making very considerable folding-room of the Senate for use of the Senat-e. improvements. In consequence of the decision of the Supreme Court, OSAGB LANDS L.~ KANSAS. the title having been held never to have vested in the railroad cor- porations nor in the "State of Kansas, but to have remained in the Gov- 1\Ir. INGALLS. If there is no further morning business I move that ernment, these men find themselves nominally in the attitude of tres- the Senate proceed to the consideration of House bill No. 3625, to passers; and the question now is what title shall they obtain n.nd ill which I have previously called the attention of the Senate. what manner shall it be obtained from the Government of the United The motion was agreed to ; and the Senate, as in Committee of the States 7 Whole, proceeded to consider the bill (H. R. No. 3625) providing for Mr: BOOTH. I desire to ask the Senator from Kansas if many of the sale of the Osage ceded lands ln Kansas to actual settlers. these persons who purchased of the railroads un.der the ruling of the The bill wa.~ reported from the Committee on Indian Affairs with Secretary of the Interior did not purchase more than one hundred and an amendment in section 2, line 17, to strike out the following pro- sixty acres f viso: Mr. INGALLS. It is undoubtedly true that many of them did. I Provided, That the sixteenth and thirty.si.xtb sections in each township of said suppose there may be a hundred instances in which purchasers from land shall be reserved for State school purposes, in accordance with the provisions the railroads secured from two to five qua.rter-sections of land, mak- of the act of admission of the State of Kansas. ing from three hundred and twenty to eight hundred acres in the And in line 21 after the word " provided" to strike out " further." aggregate. Mr. SAULSBURY. This, I suppose, is a very important bill. I know Mr. BOOTH. One case has been brought to my knowledge by a but little ab~ut questions connected with the public lands, but I have letter of a party who purchased in good faith of the railroad compa- always regarded them as questions of importance. There is, I sup- nies eight hundred acres of this land; ha~ continuously occupied it po e, not more than one-fourth of the Senate present, and I hope the for several years; has put very valuable improvements on it, so that Senator from Kansas will let the bill go over until the Senate be- in fact his improvements are now estimated to be worth $40,000. comes fuller, or at least until some memberM of the Senate come in There may be other parallel cases. Of that I know nothing; but who are familiar with questions of this kind. I know personally but under the provisions of this bill such persons could only uuy from the very little about it, but I see that this is a question of public lands Government tract.s of one hundred and sixty acres of land, at a dollar in Kansas affecting the interests of railroad corporations. It is there- ancl forty cents per acre. It seems to me that in that regard this bill fore a very important bill, and one that ought not to be considered is liable at lea t to work a very great injustice. very hastily. I hope the Senator will let the bill go over for further Mr. INGALLS. Th2.t is undoubtedly true, Mr. President; but it is consideration. one of the unfortunate sequences that follow the decision of the Su ,. 1876. CONGRESSIONAL RECORD-SENATE. 4749 preme Court that the tit.le was not in the railroad corporations, but edly be subject to a kind of reclamatio;n on the part of tbe State of remained in the Government. The question now is, the land policy Kansas for a substitution for these lands we have thus disposed off of the United States being based upon the theory of single settle- That right has been recognized in the case of California, and has ments of one hundred and sixty acres each, whether in con~equence been the subject of boundless complaints brought to our attention a.t of this misfortune of these parties we shall depart from that and this session very strikingly. allow them to purchase from the Government the full amount of the I think, therefore~ that instead of striking out this proviso it ought laud tha.t they bought from the railroad corporations :~ '1 • to be kept in, and the State of Kansas allowed to take the land em- Mr. BOOTH. In connection with that, it is only fair to state that braced in the sixteenth and thirty-sixth sections at $1.40 an acre. these parties who purcha~ed of the railroads purchased under the They will then become a part of her school fund, and I have no donbt decisions of the DeP.artment. the lands can be sold by the State of Kansas at a price greatly ex- Mr. INGALLS. Ihat is trne. ceeding that, and the spirit of the law which gives to the State these Mr. BOOTH. Up to that time the United States had done every two sections of land in each township will be observed by the United official act which was necessary to be done to give the citizens and States, so far ns it can be done in accordance with our treaty with settler~ and those desiriu~ lands notice that the title was in the rail- the Indians. Certainly, if we have a right to sell this land to actual road companies; and under that notice they made these purchases. settlers at $1.40 an acre, we have a right to sell it to the State of K:m- So that it is not exactly an original question of land policy, bnt it is sas. I am, thereforfl, opposed to striking out the proviso. I think it a quest,ion of how far we shall deviate from that well-establilshed is a wise one, even if the State of Kansas has to pay the price fixed policy in ordt.'l' to do l:iimple justice, if we can do it, to men who have for actual settlers. It will save largely for its school fund, and we purchasell in good faith. shall be saved from future reclamation on the part of the State of The PRESIDENT pro tempore. The question is on the amendment Kansas. . reported by the Committee on Indian Affairs. Mr. HARVEY. If my recollection is correct concerning this mat- Mr. DAVIS. I should like to ask the Senator who has charge of t-er, the question as to the sixteenth and thirty-sixth sections is not this bill whether or not the land in question all lies in the State of essential to the bill at all, for the rea.son that the grant which was Kansas. said to have been made to the railroad companies was of the odd- Mr. INGALLS. It lies wholly in the State of Kansas and within numbered sections. The sixteenth and thirty-sixth sections, usually organized counties. It has been settled for seven or eight y13ars. It called school lands, are bot.h even-numbered sections in each town- is to-day occupied by one of the most prosperous, enterprising, and ship; and, unless my recollection is at fault, they are not affected at indust1·ious communities in my St.ate. It covers two entire counties, all by the operation of this bill, nor were they touched by the terms and portions of two or three others, I believe. of the supposed grant to the railroads. I am not positive, but my Mr. SHERMAN. What is the object of the amendmentf recollection is that tbe grant was of the odd-numbered sections al- Mr. INGALLS. The proviso in the original bill that was read re- ternately. So I think that question is immaterial to the bill. served, within these lands, t.he sixteenth and thirty-sixth sections for Mr. SAULSBURY. I desire to call the attention of the Senator t.he State of Kansas for school purposes. That being Indian terri- from Kamas to the eighth section, which provides for paying cer- tory the Committee on Indian Affairs thought the right of the State tain fees. of Kansas to the sixteenth and thirty-sixth sections did not attach :Mr. INGALLS. Will not the Senator allow us to take the question under the act of admission. T.he amendment withdraws the six- on the pending amendment. teenth and thirty-sixth sections from the operations of the school Mr. SAULSBURY. Yes, sir. system. These sections have been taken and improved by claimants The PRESIDENT pro tempore. The question is on the amendment upon the beliAf that the rights of the State did not attach within the of the committee. bounds of Indian reservations. Tbe amendment was rejected. Mr. SHERMAN. The citizens of Kansas are more interest.ed in this Mr. SAULSBURY. I call the attention of the Senator from Kan- matter than any one else; but the sure effect of striking out this pro- sas to the provi~ions for the payment of costs to clerks, attorneys, and vision will be something like what we have seen in the California other persons employed. substitution of other lands in the State to make good the school sec· Mr. EDMUNDS. I move to E!trike out the eighth section, which I tions. It seems to me the citizens of Kansas are more interel:lted in ask to have read. preserving the school fund, the ~teenth and thirty-sixth sections The PRESIDE:NT pro tempore. The Secretary will report the eighth in this Osage Indian territory, than any other portion of the United section. States; but at all events the United States is interested to this ex- The Chief Clerk read section 8 of the bill, as follows: tent, that if these sections are not given for school purposes the United SEc. R. That it shall be the duty of the Attorney.~neral of the United States, States has got to makethem good from other parts of the territory of for tho time being, to ascert.'loin :mtl determine the amount of costs and necessary the United ::5tates. I ask if there is any provision of law similar to expen~es incurred in prosecuting the two suits commencecl in the uarue of the the one found in regard to the California reserved school sections f United States against tho Leavenworth, Lawrence and Galveston Railroad Com- Mr. INGALLS. There is not; and I lieg to say in this connection pany and the Missouri, Kansas and Texas Railroad Company in the circuit court of the Unit.ecl States for t.he ervation, fift.y by thirty miles in extent, to be sold Mr. EDMUNDS. Th-' Attorney-General instituted a bill in equitv by the United States Government, and out of the proceeds $300,000 to set aside and vacate these railroad claims as being not authorized was to be placed to the credit of the Osage Indians, and the balance to by the grant and in violation of the treaty. The settlers, as I have constitute a civilizat.ion fund for the benefit of the Indians at large. been informed, employed certain eJllinent counsel at a stipulated fee, Mr. SHERMAN. It comes back again to the proposition that the depending upo"n success, and finally the case has been determined. United States has the power to sell these lands reserved by the tren,ty. Now the proposition is to •ake out of this money belonging to the It has power to fix the price at which the land shall be sold. Indians the money necessary not only to re-imburse the United States Some of this land is worth at least three or four time $1.40 an acre i for doing its duty in va~ating these grants that the Secretary of the but it is all to be sold at $1.40 an acre to actual settlers, so that the Interior had certified to these railroa::t c ~ mpanies, but also to pay the Government of the United States assumes the right to fix the price counsel for the settlers in fi~hting for their claims, although it was and sell this land. Why, therefore, ought it not to ~iveto the State all done by way of volunteenug in the same snit. I never heard of of Kansas the right to buy the school sections at $1.40, inst-ead of a proposition of that kind before in any law that we have passed; giving that right to actual settlers, because if we now, in violation, I and I think, besides being wrong in principle and a wrong to the think, of the law which admitted the State of Kansas into the Union Indians, it is also setting a precedent which, if followed, wonlll make of States~ appropriate the sixteenth and thirty-sixth sections for a very large inroad npon the Treasury. Therefore it appears to me other purposes-that is, sell them to actual settlers-we shall undoubt- that this ca.se, like all others, ought to be left just where the law 4750 CONGRESSIONAL RECORD-SENATE. JULY 20, leaves it. If anybody has retained any counsel to assert bis rights, to go into court and argue the cause, but of course at the expense of either in a suit to which he was a party or in one to which he was my own client. I suspect it will turn out in this case, if we get t~t ready to V(•lunteer aid, he ought to nay for it; and neither the United the papers, that the authority which the Attorney-Gener.11l gave to States nor this Indian trust fund should be called upon to pay a Ringle those gentlemen to appear and argue this cause waa an authority to dollar. argue it at the expense of their clients, whoever they might !Je. l\fr. INGALLS. Mr. President, I fully agree with the principles Therefore, Mr. President, I submit that this kind of legislation is laid down by the Senator from Vermont. I regret to 8ay that he has altogether unique and is altogether improper both in principle and b een led by his unfamiliarity with tbe ca,se into a rnhnmderstanding in point of precedent. Then there is another thing about this which of the facts. The settlers in the original litigation before the circuit partly applies to the eighth section. My friend says that this is an court of the United States for the district of Kansa-s employed coun- additional sum of fifteen cents an acre above the dollar and a qDar- sel, among whom were Hon. Jeremiah S. Black, of Pennsylvania; ter which would be the legal or the natural price; and therefore it Ron. William Lawrence, of Ohio, and Hon. Wilson Shannon, now of is really a tax upon the settlers. It is- not only a tax upon the set- Kansas. When the case was taken on appeal from the circuit coUI·t to tlers who are already there, so far as they are concerned who have the Supreme Court the Attorney-General authorized aud directed been parties to this litigation in fact, but is a tax upon all purchasers these persons to appear on behalf of the Government. They did E.o. of the Lwds, whoever they may be. Two of them appeared in person, and all three of them filed briefs, Mr. L~GALLS. Would I disturb the Senator if I were to say that a ·sisted, I believe, by the attorney of the United States for the dis- there is a settler on every quarter section of the land already f It is trict of Kansas. In consequence of this appearance and this retainer all occupied. the Government was subjected to a liability for fees which the set- Mr. EDMUNDS. I did not know that. Then my last remark would tlers themselves propose to pay by a voluntary imposition of fiiteen not apply. Now, let us see whether this fifteen cents an acre is addi- cents per acre upon these lands in addition to the fund of $1.25 for tional to what we are bound by treaty obligations to get for this land which they would legally, perhaps, or at least naturally have been if we can. l\fy fi·iencl says-and I have no doubt he is correct, be- sohl. This fifteen cents an acre is an imposition that is consented to cause it is a matter that he knows about-that the bill only covers voluntarily by the settlers for the purpose of relieving the Govern- the land mentioned in the first article. Am I right about that f ment from any additional liability by reason of the litigation of this Mr. INGALLS. It covers a tract of land within the original limits of very important cause. the Osage reservation, known as the Osage cetled tract, which was fifty Mr. KERNAN. Will the gentleman state how large a fund this by thirty miles in extent, and out of the proceeds of which $::$00,000 fifteen cents an acre will raise f were to be paid to the Osages and the remainder to be applied aa a l\fr. INGALLS. I am not able to say precisely what the amount civilization fund for the benefit of the Indians at large. will be. Mr. EDMUNDS. Does it cover or in any way affect that tract of Mr. KERNAN. A pretty large fundY land "twenty miles in width from north to south on the north side of Mr. INGALLS. Yes, sir. the remainder of their t.ben present reservation T" MT. KERNAN. Several hundred thousand dollars Y Mr. INGALLS. I understand it does not. Mr. INGALLS. By no means. The Senator is entirely mistaken in Mr. ED~1UNDS. I see by the first few lines of the first section of the amount. this bill that it does in terms cover t.he lands mentioned in the first Mr. EDMUNDS. How many acres are there in these two reserva- article, and so apparently plainly does not include those mentioned tions 1 · in the second. So the Senator is undoub :edly correct. But in the Mr. INGALLS. There is but one reservation. third line of the second section the word" land" is used without any Mr. ED.MUNDS. It is under two articles in the treaty, I see. limitation "as mentioned in the first section," which might,inasmu ch Mr. INGALLS. No, sir; it is under the first article of the treaty. as this railway crosses the whole of H, extend "the land" to all land What we are now dealing with is what is known n-s the Osage ceded named in the second article; but a single word would correct that. lands, a tract fifty by thirty miles in extent within the originalHmits There is no need to spend any time about it. of the Osage reservation. Now I will come ba-ck to the fifteen-cent question. Let us see ex- Mr. KERNAN. One other question. The settlers held under the actly what the treaty between the United States and these Indians railroad company, I nnderstand f provided should be done with the land mentioned in the first section. Mr. INGALLS. Some of them did. The treaty is in volume 14 of the fitatutes at Large, page 687: Mr. EDMUNDS. Part of them did; they were not all resisting the ARTICLE L railroad right. It was the squatters who resisted the railroad right. The tribe of the Great and Litt.l e Osage Indians, having no:y-more lands than Mr. KERNAN. Then I understand there was a 110rtion of them are necessary for their occupation, and all paymentg from the Government to who did not hold under the railroad, who were mere squatters. them under former treaties having ceased, leaving them greatly impoverished, Mr. INGALLS. Those who did not hold under the railroad went and being desirous of improving their condition by di~>posing of their surplus lands, do hereby grant and sell to the United States the lands contained within the on the lands under the provi~ions of the joint resolution of April10, following boundaries, that is to say: Beginning at the southeast corner of their 1~6!), which declared that they had that right. They were not squat- present reservation anrfromOhio ha.sobjected from the Judiciary Committee some time since, and have not had an to any further legislative business. opportunity. Therefore I shall have to object to anything excluding Mr. MAXEY. This is only a bill to remove the political disabilities that. of a gentleman, regularly reported from the Judiciary Committee, Mr. INGALLS. With the understanding that I will permit the n.nd will take but a moment. Senator to have that bill taken up after this is before the Senate; Mr. SHERMAN. It seems to me it is wrong for the Senate whe~ wilL that be satisfactory f the case is ready to be proceeded with, and the time has arrived, to Mr. DAVIS. Yes; I have no objection if I have an opportunity of go on with other business. I have no ohjection to the bill referred calling up the bill and disposing of it. to, but I think we ought to go on with the regular order. The PRESIDENT pro tempore. The understanding is that the re- The PRESIDENT pro tempore. The Senator objects. quest of the Senator frgm Kansas includes tbe bill of the Sena,tor Mr. SHERMAN. l give way to a conference report; to nothing from West Virginia. The Chair hears no objection to the suggestion else. in that form. IMPEACHMENT OF W. W. BELK..~AP. THOMAS H. WILLIAMS. The PRESIDENT pro tempore. Legislative and executive business Mr. DENNIS. I ask that the hill (8. No. 866) to remove the polit- will now be suspended and the Senate will proceed to the considera- ical disabilities of Thomas H. Williams, of Maryland, be considered tion of the articles of impeachment exhibited by the House of Repre- now. sentatives against William W. Belknap, late Secretary of War. There being no objection, the bill was considered as in Committee The Senate then proceeded to the trial of the impeachment of of the Whole. William W. Belknap, late Secretary of War. The Committee on the Judiciary reported an amendment to strike After some time spent in the consideration of the articles of impeach- ont the word'' doctor" before" Thomas H. Williams." ment, the trial was temporarily suspended and the Senate resumed ita The amendment was agreed to. LEGISLATIVE SESSION. The bill was reported to the Senate aa amended, and the amend- ment was concurred in. The PRESIDENT pro tentpore. The Senate resumes its legislative TlJe bill was ordered to be engrossed for a third reading, was read session. the third time, and passed by a two-thirds vote. TEMPORARY PROVISION FOR EXPENDITURES. Mr. WINDOU. I offer a bill for which I ask present consideration. PRESIDENTIAL APPROVAL. I offer it on behalf of the Committee on Appropriations, although I . A message from the President of the United States, by Mr. U.S. have not the assent or approval of a majority of the committee, be- GRANT, jr., his Secretary, announced that the President had on the cause I have not been able to find them. It is a copy of the last ten- .(752 CONGRESSIONAL RECORD-SENATE. JULY 20, days extension act which was passed, precisely like the former which ing or misunderstanding that the general bill did not cover this received the assent of both Houses. branch of the public service. This bill is just like the others. The By unanimous consent, leave wa,g given to introduce a bill (S. No. amendment which the Senator from Delaware proposes, it seems to 999) to continue the provisions of an act entitled "An act to provide me, would destroy the a.ppropriation altogether. He says it shall not temporaJ'ily for the expenditures of the Government." increase the appropriation. There is no appropriation whatever now. ny its terms the provisions of the act to provide temporarily for Mr. BAYARD. There is not in fact an appropriation, but tbire is the expenditures of the Government, approved June 30, 18i6, are an appropriation bHl which contains money for this purpo~e which extended and continued in full for.ce and effect for a period of ten has passed both Houses, but has not yet been signed. davs from and after the 20th day of July, 1876, and no longer. Mr. ANTHONY. I do not understand that it has passed both Houses. iir. BAYARD. I ask the Senator from Minnesota if the bill pro- We have received no official notice of its passing the other House. vides for the expenditure in proportion to the time f Mr. BAYARD. Then I suggest to the Senator he had better delay Mr. WINDOM. It is the old bill. the consideration of this bill. Mr. BAYARD. I ask if the Senator knowsf Mr. ANTHONY. Senators may do as they choose about it. I un- Mr. WINDOM. That is the effect. derstand if this bill does not pass the Congressional Printer will not .Mr. BAYARD. I merely wanted to know. be authorized to print our proceedings to-morrow, because it is im- Mr. EDMUNDS. I will state to the Senat.or from Delaware that possible that the sundry civil bill can be sent us and signed to-day. the first bill passed provides for the proportional expenditure, and The Senate now know as much as I· do about it, and they can pass these propositions are merely continuing the original proposition. the b1U or not, as they please. · - Mr. BAYARD. That was precisely what I wished to know. .Mr. BAYARD. It has become a question of how much I know or The PRESlDENT P,·o tempm·e. Is there objection to the present how much I do not know, or what may be the relative knowledge consideration of the bill f of the Senator from Rhode Island and myself. The real question is By unanimous consent, the bill was read twice, and considered as whether or not we are making in any way a double appropriation for in Committee of the Whole. the same purpose. A bill making appropriations for printing ex- Mr. ANTHONY. There wns some doubt, I believe, on the first bill penses has, I believe, been agreed on in conference, and I thought it whether it included the expendit.ures for the public printing; but I had been adopted by each House. The only question I made was understand it was modified in such a way as to undoubtedly cover whether this appropriation for ten days would not be a cumula.tive that. I should like to have the Senator who is in charge of the bill appropriation for the same purpose; and therefore I asked the Sena- and is familiar with it to state whether that is so or not. tor from Rhode Island, in order that he might prevent that taking Mr. CONKLING. There was a supplementary bill pa-ssed. place, which I do not suppose he intended. It is very far from my Mr. ANTHONY. I know; but it was said to be unnecessary. wish to embarrass the operations of the Government in any way, and Mr. WINDOM. There has been no modification of the original I shall take great pains to prevent that ever being done; but it is bill. It was supposed to be necessary to pass a supplementary bill. certainly right and proper, when we are reduced to this extraordinary However, I supposed it is very probable the sundry civil bill will pass condition of affairs of passing these bills from ten days to ten days, to day, and if so that will answer the purpose of the Senator. that we should be careful that we are not cumulative in our provis- Mr. MORRILL. I suggest to the Senator from Minnesota that he ions for the public service. say "eleven clays" instead of ten, so as to include the entire month. Mr. ANTHONY. This bill a.uthorizes expenditures in advance of Mr. WINDO:i\1. This bill is an exact copy of the previous one. appropriations. I understand that the money expended under it will The bill was reported to the Senate, ordered to IJe engrossed for be deducted from the appropriations when made; and if it does not a third reading, read the third time, and passed. effect that purpose and the Senator from Delaware will propose such ORDER OF BUSINESS. an amendment as will effect that purpose, it will be exactly in the line of my wishes. Mr. CONKLING. I ask leave to make a report. The Committee Mr. BAYARD. If the Senator having it in charge is satisfied that on Commerce, to whom was referred the bill (S. No. 992) to authorize the result is not reached that 1 desire to avoid, I have no objection. the Secretary of the Treasury to issue a register and change the name :Mr. ANTHONY. That is my understanding. of the schooner Captain Charles Robbins to Minnie, have directed Mr. ~,RELINGHUYSEN. I understand that this is continuing a me to re1>ort it without amendment. bill that now exists and kas passed twice, and that by that bill it is Mr. ALLISON. I call for the regular order, whatever it is. provided that the appropriation made shall be deducted from the cnr- The PRESIDENT pro tempore. The trijll session was suspended for reut appropriation bill of the year. It does not really appropriate a particular purpose. anything in addition to that bill. Mr. ALLISON. I did not understand that. Mr. HOWE. Let the bill be reported once more. The bill was read. IMPEACHMENT OF W. W. BELKNAP. Mr. HOWE. I think the Senator from Delaware will see that thi!:1 The PRESIDENT pro tempore. The Senate resumes the trial session. bill appropriates nothing whatever. It simply authorizes the Public The Senate again proceeded to the trial of the impeachment of Printer to go on with his work and to be paid when we appropriato William W. Belknap, late Secretary of War. the money. After some time spent in the trial session, The bill was reported to the Senate, ordered to be engrossed for a Mr. ANTHONY. I ask unanimous consent that the trial may be third reading, read the third time, and passed. interrupted for the passage of a bill. The PRESIDENT pro tempm·e. Is there objection f The Chair hears MESSAGE FROM THE HOUSE. none, and the Senate resumes its A message from the House of Representatives, by Mr. G. M.ADAMs, LEGISLATIVE SESSION. its Clerk, announced that the House had agreed to the report of the committee of conference on the disagreeing votes of the two Houses Mr. ANTHONY asked, and by unanimous consent obtained, leave on the bill (H. R. No. 3717) making appropriations for the support of to introduce a bill (S. No.lOOO) to continue the public printing; which the Army for the fiscal year ending June 30, 1877, and for other pur- was read twice, and considered as in Committee of the Whole. poses. The bill authorizes the Congressional Printer to continue for ten The message also announced that the House bad passed the follow- days the work required by law in advance of appropriations to be ing bills and joint resolution; in which it requested the concurrence hereafter made. of the Senate : Mr. BAYARD. I suggest to the Senator from Rhode Island whether, A bill (H. R. No. 3927) making an appropriation to defray the ex- as an appropriation bill has already passed, as I understand, provid- penses of the Joint Select Committee to Investigate Chinese Immi- ing for what is deemed necessary·by the two Houses for the expense gration; · of printing, this bill should be coupled with a provision, that is usual, A bill (H. R. No. 3928) to continue the provisions of o.n act entitled not increasing the appropriations made for printing. "An act to provide temporarily for the expenditures of the Govern- Mr. ANTHONY. Let that amendment be added; I have no objec- ment;" and tion to it. .- A joint resolution (H. R. No. 96) to provide for the protection of The PRESIDENT pro tempore. The bill will be so amended, if there the Texas frontier on the Lower Rio Grande. be no objection. . ENROLLED BILLS SIGNED. Mr. EDMUNDS. Would it not be better to say that it shall not The message further announced that the Speaker of the House had authorize any expenditure for public printing! We have only pro- signed the following enrolled bills; and they were thereupon signed vided for continuing the existing law until we can .find some other. by the President pro tempore: Now, as the Senator from Delaware suggests that this shall not au- A bill (H. R. No. 1427) for the relief of H. P. Jones & Co.; thorize an increase of appropriation when there is not any, we might A bill (H. R. No. 3855) for the relief of George T. Olmsted, jr.; and as well make whole bones of it and say it shall not authorize any ex- A bill (H. R. No. 1771) to declare forfeited to the United States cer- penditures at all. tain lands granted to the State of KaDBas in aid of the construction Mr. ALLISON. As I understand, the former extensions already of railroads by act of Congress approved March 3, 1863. include public printing; do they noU We have already passed two bills extending the time. TEl't1PORARY PROVISION FOR EXPENDITURES. Mr. CONKLING. We have passed supplemental bills on the sub- Mr. WEST. In the absence of the chairman of the Committee on .~ ject of public printing. Appropriations I venture to suggest to the Senate the propriety of Mr. ANTHONY. On each of those occa-sions we passed a supple- taking up the act that continues the appropriations for ten days mental !Jill to provide for the public printing under the understand- further. 1876. CONGRESSIONAL RECORD-HOUSE. 4753 The PRESIDENT p1·o tempore. If there be no objection, the Chair The SPEAKER pro tempore. The regular order is the call of the will lay before the Senate a bill from the House of Representatives. yeas and nays on the amendment reported from the Committee of The bill (H. R. No. 3928) to continue the provisions of an act enti- the Whole. tled "An act to provide temporarily for the expenditures of the Gov- Mr. SCHLEICHER. I move that there be a call of the House. ernment" was read three times, and passed. The question wa-s taken; and upon a division there were ayes 16. Before the noes were counted, 11\IPEACHMENT OF W~ W. BELKNAP. Mr. SCHLEICHER. I withdraw the motion for a call of the Honse. The PRESIDENT pro tempore. The Senate returns to trial session, Mr. LUTTRELL. I ask unanimous consent to refer this resolution and is ready to proceed with the argument. to the committee of which I am a member• . The Senate again proceeded to the trial of the impeachment of Many MEMBERS. Regular order. William W. Belknap, late Secretary of War. · Mr. ROBBINS, of North Carolina. I ask that the second section of The Senate sitting for the trial of the impeachment of William W. the joint resolution be read, for which the Committee of the Whole Belknap having adjourned then resumed its b,ave reported a substitute. LEGISLATIVE SESSION. The Clerk read as follows: The PRESIDENT pro tempore. The Senate resumes its legislative SEc. 2. That in view of the inability of the national government of Mexico to session. prevent the inroads of lawless parties from Mexican soil into Texas, the President MESSAGE FROM THE HOUSE. 1s hereby authorized, whenever, in his judgment, it shall be ne0088ary for the pro- tection of the rights of American citizens on the Texas frontier, above describedi A message from the House of Representatives, by Mr. G. M. ADAMS, to order the troops to cross the Rio Grande, and use such means as they may fint its Clerk, announced that the House had passed the bill (S. No. 1000) necessary for recovering the stolen property and checking the raids, guarding, how- to continue the public printing. · ever, in all cases, against any unnecessary injury to peaceable inhabitants of Mex- ico. ENROLLED BILLS SIGNED. Mr. SCHLEICHER. I understood the Chair to rule on ye!iterday The messa,ge also announced that the Speaker of the House had that the vote to be now taken was upon agreeing to the second sec- signed the following enrolled bills; and they were thereupon signed tion as amended. by the President pro tempore: . The SPEAKER pro tempore. That is what the Chair understands. A bill (H. R. No. 3717) making appropriations for the support of Mr. RANDALL. The amendment now pending is a substitute the Army for the fiscal year ending June 301 18771 and for other pur- which was adopted in Committee of the Whole for the second section poses; and of the joint resolution. If voted down the second section will be A. bill (H. R. No. 39-28) to continue the provisions of an act entitled out entirely, and the joint resolution will consist only of the first "An act to provide temporarily for the expenditures of the Govern- section. ment." The SPEAKER pro tentpore. That is the ruling of the Chair. Mr. CONKLING. What is the hour of the meeting of the Senate f Mr. HAEE. Let ns understand this. Does the Chair rule that if The PRESIDENT pro tenlpore. Eleven o'clock for legislative ses- this substitute is voted down the original second section is out of the sion. joint resolution' .Mr. CONKLING. I move that the Senate do now adjourn. Mr. RANDALL. And the joint resolution will consist simply of The motion was agreed to; and (at four o'clock and forty-seven the first section. minutes p.m.) the Senate adjourned. The SPEAKER pro tempore. 1.'hat is the ruling of the Chair. The question was taken; and there were-yeas 89, nays 96, not vot- ing 98; as.follows: YEAS-Messrs. Ainsworth, Anderson, AtkinR, Bagby, Banks, Beebe, Bland, Bradford, Bri~t, John Young Brown, William R. Brown, Buckner, Cabell, John l[. Caldwell, william P. Caldwell, Cannon, Cate, Caulfield, Cook, Cox, DarraJl, HOUSE OF REPRESENTATIVES. Davis, Dibrell, Dobbins, Dou~las, Felton, Forney, Foster, Gause, Goode, Gunter, Andrew H. Hamilton, HancocK, Hartridge, Hartzell, Hatcher, Haymond, Here- THURSDAY, July 20, 1876. ford, Abram S. Hemtt, Hill, Hoge, Hurd, Hurlbut, Frank Jones, Kasson, Frank- lin Landers, Lane, Levy, Lewis, Luttrell, McMahon, Meade, Metcalfe, Milliken, The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Mills, Morgan, Odell, Payne. Piper, Reagan, John Reilly, James B. Reilly, Rice, I. L. TOWNSEND. Riddlt, John Robbins, William M. Robbins, Sampson, Schleicher, Schumaker, The J onrnal of yesterday was read and approved. Sheakley, William E. Smith, Southard, Spencer, Springer, Tarbox, Te~, • Throckmorton, Tnck~rJ Van Vorhes, Robert B. Vance, Waddell, .Alexander IS. MESSAGE FROM THE SENATE. Wallace, Whito, Whinnorne, Wigginton, Wike, .Alpheus S. Williams, Willis, and Woodburn-89. A message from the Senate, by Mr. SYMPSON, one of their clerks, in- NAYS-Messrs. Adams, Ashe, John H. Bagley jr., John H. Baker, William H. formed the House that the Senate was ready to proceed upon the Baker, Ballou, Bell, Blackburn, Boone. Bradley, Horatio C. Burchard, Burleigh, Can- impea-chment of William W. Belknap and to receive the managers dler, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, Coch- on the part of the House, and that the Senate Chamber was prepared rane, Conger.~...Crapo, Cutler, Davy, De Bolt, Dunnell, Durand, Eames, Eden, Egbert, Ely, Evans, ..1mrt, Gibson, Hale, Hardenbergh, John T. Ranis, Harrison, H.olman, with accommodations for the reception of the House of Representa- Hopkins, Hoskins, House, Hubbell, Hunter, Thomas L. Jones, Kehr, Kelley, Kim· tives. ball, Knott1 Lawrence, Le Moyne, L.A. Mackey, Maish. MacDougall, McDill, Mc- PROTECTION OF THE TEXAS FRONTIER. Farland• .Miller, Monroe, Morrison, Mutchler, New, Norton, Oliver, O'Neill, Packer, Pap;e, Platt. Potter, Pratt, Rainey, Randall, Robinson, Miles Ross, Rusk, Savage, The SPEAKER p1·o ternpote. The regular order of business t.his Scales, Sinnickson, Smalls, A. Herr Smith, Strait, Stevenson, Swann, Teese, Thomas, morning is the unfinished business of yesterday, being the joint reso- Thompson, Washin~n Townsend, Tufts, Turney, John L. Vance, Walsh, Ward, lntion (H. R. No. 96) to provide for the protection of the Texaa fron- Erastus Wells, Whitehouse, Whiting, Willard, Charles G. Williams, James Will- iams, James D. Willi~l'· William B. Williams, and Young-96. tier on the Lower Ri.o Grande, and the pending question is upon the NOT V OTING-M"~. George A. Bagley, Banning, Bass, Blair, Bliss, Blount, substitute for the second section, upon which the yeas and nays had Samuel D. Burchard, Campbell, Cason, Caswell, Chapin, Chittenden, Collins, been ordered when the House adjourned yesterday. Cowan, Crounse, Culberson, Danford, Denison, Durham, Ellis, Faulkner, Finley, The substitute for the second section of the joint resolution was Franklin, Freeman, Frye, Fuller, Garfield, Glover, Goodin, Robert Hamilton, Har- alson, Ben,jamin W. Harris, Henry R. Harris, Hathorn, Hays, Hendee, HendeTSon, read, as follows : Henkle, Goldsmith W. Hewitt, Hoar, Hooker, Hunton, H~an, Jenks, Joyce, King, That whenever it shall a:ppea.r to the President that the government of Mexico Lamar, George .M. Landers, Lapham, Leavenworth, Lord, Lynch, Lynde, Magoon, is unable to prevent the eXIsting lawless invasion of the territory of the United McCrary, Money, Nash, Neal, O'Brien, Phelps, John F. PhilipR, William A. States from Mexico for purposes of plunder or robbery, he shall be, and hereby is, Phillips, Pierce, PJ.a.isted, Poppleton, Powell, Pnrman, Rea, Roberts, Sobieski authorized, if in his judgment it becomes necessary, after notice of forty days to Ross, Sayler, Seelye, Singleton, Sleroons, Sparks, Stenger, Stone, Stowell, Thorn- the government of Mexico, to order the troops charged with the defense of the ter- but·~h, Martin I. Townsend, Wait, Waldron, Charles C. B. Walker, Gilbert C. ritory of the United States, when in close pursuit of such invaders, to cross the Rio Wa.tker, John W. Wallace, Walling, Warren, G. Wiley Wella, Wheeler, Andrew Grande and to nse such means, not amounting to :wts of war, as may be requisite Williams, Jeremiah N. Williams, Wilshire, Benjamin Wilson, James Wilson, .Alan for the recovery of stolen property and to protect the citizens and territory of the Wood, jr., Fernando Wood, Woodworth, and Yeates-98. United States against the :wts of outlaws and robbers. So the substitute for the second section was not agreed to. :Mr. DUNNELL. I aak unanimous consent to report back a Senate During the call of the roll the :following announcements were made: bill- Mr. CUTLER. My colleague, Mr. IlAMILTON, of New Jersey, is ab- Mr. RANDALL. I call for the regular order of business. sent on account of sickness. Mr. SCHLEICHER. There is hardly a quorum present, and I Mr. SCALES. My colleague, Mr. YEATES, is absent by order of the would myself prefer that the vote should be taken when more mem- House. bers are here. I would like, therefore, to have this q nestion postponed Mr. COCHRANE. My colleague, Mr. STENGER, is absent by leave of for a time. the House. The SPEAKER pro tempore. That can be done only by unanimous Mr. VANCE, of Ohio. My colleague, Mr. POPPLETON, is absent by consent. leave of the House. JHr. LUTTRELL. Several gentlemen desire to introduce bills and Mr. GUNTER. My colleague, Mr. 8LEMONS1 is absent by leave of resolutions for reference only. May not this question be postponed the Honse. for a time and allow that to be done f Mr. THROCKMORTON. My colleague, Mr. CULBERSON, is absent The SPEAKER pro ten-,pore. By unanimous consent it can be done. on account of sickness. :Mr. LUTTRELL. I have a resolution· which I desire to have re- Mr. BRADLEY. My colleague, Mr. WAI..DRON, is absent by leave ferred to the Committee on the Post-Off).ce and Post-Roads to be consid- of the House. ered at its first meeting, whic:Q. will probably be to-morrow morning. Mr. CANNON, of lllinois. My colleague, Mr. CAMPBELL, is absent Several MEMBERS. Regular O¥det, on account of sickness. 1 IV--298 1 4754 CONGRESSIONAL RECORD-HOUSE. JULY 20, Mr. TOWNSEND, of Pennsylvania. Mr. WELLS, of Mississippi, is Mr. HOSKINS. I did not understand therulingof the Chair. Did still absent on account of illness. the Chair rule that the vote last taken rejecting the amendment re- The vote wa~ then announced as above recorded. jects also the entire second section f Mr. KASSON. Before the next vote is taken I desire to make a The SPEAKER pro tempore. The Chair was informed by the gen- parliamentary inquiry as to the present status of this joint resolution. tleman from Massachusetts [Mr. BANKS] who offered the substitute The SPEAKER pro ternpo1·e. The Chair will hear the gentleman. t.hat the vote in Committee of the Whole was upon adopting the sec- Mr. KASSON. As I construe the rule, the original text of the sec- ond section as amended; and therefore in the House the vote was put ond section of the joint resolution is now before the House as the in the same form. The question is a mere question of fact. Upon result of the vote just announced, and in the next vote must be the statement of the gentleman from Massachusetts the Chair made voted on as a part of this joint resolution. I want to ascertain from his .decision, and upon that question the vote was taken. the Chair distinctly the status of this question. Mr. HOSKINS. I should like to inquire of the mover of the last The House knows this joint resolution in two forms: One is the motion why he desires to reconsider f original text referred to the Committee of the Whole; the other is Mr. RANDALL. He does not now, as I understand it. the original text with certain amendments reported from the Com- Mr. HOLMAN. If the second section is rejected there is nothing mittee of the Whole. In the House the question is taken on concur- to which the amendment can be added. ring with the amendments made in the Committee of the Whole. So Mr. MILLS. But he proposes to reconsider for the purpose of mov- far as they are concurred in, the House changes the original text ; so ing that amendment to the first section. far as they are non-concurred in, the original text remains to be voted Mr. RANDALL. That will open the whole bill to amendment and on. This will, I think, appear clearly from Rule 107. discussion. Upon bills committed to a Committee of the Whole House, the bill shall be first Mr. MILLS.· Of course; and that is what is desired. read throughout by the Clerk~ and then again read and debated by clauses, leaving Mr. HOSKINS. I make the point of or~er that the previous ques- the preamble to be last consiaered; the body of the bill shall not be defaced or in· tion having been partially executed, it is not now in order to move a tcrlfued; but all amendments, noting the page and line, shall be duly entered by reconsideration. the Clerk on a separat-e paper, as the same shall be agreed to by the committee, and so reported to the House. . Mr. BURCHARD, of Illinois. Certaiuly not until after the vote has been taken on the engrossment and third reading of the resolution, It appears from this that the original text always comes back sub- and then it can be. ject to the concurrence of the House in the amendments made in Mr. HOSKINS. I make a point of order, and ask the decision of the Committee of the Whole; and as in this case the amendment to the Chair upon it. .the second section is now non-concurred in, the original section comes The SPEAKER pro tempore. The Chair sustains the point of order. ba,ck without modification, and is to be voted on in the next vote as The Chair will st.ate, after a vote is taken on the engrossment and part of tbe joint resolution. third reading of the jointre olution, then the previous question hav- Mr. HOLMAN. I sought yesterdny to call attention to the fact ing exbansted itself, it will be in order for the gentleman from Vir- now mentioned that if tb.e amendments reported from the Commit- ginia to ·move to reconsider. tee of the Whole were rejected, the original text would stand; that Mr. RANDALL. Let the resolution be again read. the amendments of the Committee of the Whole were a substitute The resolution was again read. for the text as referred to that committeo. That seemed to me to The joint resolution wa~ then ordered to be engrossed and read a be inevitable; bnt the opinion that this proposition came to the third time. House as one amendment was so generally expressed upon the floor Mr. TUCKER. I now move to reconsider the vote by which the that further discussion of the subject was waived. If the Chair joint resolution was ordered to be engrossed. adopts the view now expressed, the only mode in which the Honse Mr. HALE. I do not think it is fully understood what is the gen- can declare its opinion upon the real question is by reconsidering the tleman'~ 'lbject, ancl I hope he will be permitted to state it. vote by which the main question was ordered. Mr. TUCKER. The House has already rejected the second section Mr. KASSON. Yes, sir; we shall have to reconsider in order to as it was amended by the substitute offered by the gentleman from make the joint resolution open to amendment. Massachusetts, .(Mr. BANKs.] I propose, if there is a reconsideration of Mr. HOLMAN. If the Chair adopts that view I will enter a motion the vote ordering the joint resolution to be engrossed and read a third to reconsider. time, to offer the amendment which was rejected in committee to the Mr. TUCKER. I move to reconsider the vote by which the main first section of t.he joint resolution. question was ordered, so that I may propose the amendment which I Mr. HALE. Will not a reconsideration open np the whole question T offered in Committee of the Whole as a substitute for the second sec- The SPEAKER pro tem.pore. Unquestionably, upon reconsidera- tion. tion, the previous question no longer operating, the joint resolution Mr. CONGER. I would like to say a word to the Chair upon this will be open to discussion and amendment. point of order. The Speaker having three times, once yesterday and Mr. HALE. This, then, is retracing the just-taken action of the twice this morning, st~ted distinctly that the proposition before the House. House was that last voted on in Committee of the Whole, which was Mr. TUCKER. The reason, if the gentleman from Maine will give upon adopting the second section as amended, the attention of the me his attention for a moment, is this: When the gentleman from Chair having been called to the question by myself and other mem- Massachusetts offered his amendment in the Committee of the Whole, I bers both yesterday and to-day and the Chair having each time an- offered my amendment as a substitute,. saying at the same time if the nounced that the question was upon accepting or rejecting the second substitute offered by the gentleman from Massachusetts wa~ a~reea­ section as amended, and the Chair having gone further and stated ble to the advocates 'lf the joint resolution I was perfectly willrng to to the Honse that if the vote just taken should be in the negative accept it; but the Honse has voted tha,t down, and I believe there the second section would be rejected as a wholeAllnd the joint reso- are some members of the House who would accept my substitute lution would remain with only the :first section, I submit that it is more readily than t.bat of the gentleman from Massachusetts. entirely too late, after the Chair has given his decision on ~he subject Mr. HALE. What i8 the gentleman's substitute T Is it the second unquestioned and after the vote has been taken, to raise that ques- section as originally reported in the joint resolution T tion. Whatever the rule may be, I assume that it is now to be taken .Mr. TUCKER. No, sjr; it is an amendment which the gentleman Jl.B the unanimous consent of the House that such is the true order of will see in the RECORD of to-day on page 39. I explained it yesterday business. and on Saturday. The SPEAKER pro tempore. The Chair sustains entirely the view Mr. HALE. I bad not the pleasure of listening to the gentleman of the gentleman from Michigan, (Mr. CONGER.] The distinct an- yesterday, and am ignorant of what the amendment is. Let us have nouncement of the Chair which the gentleman has stated was made it read. upon information furnished by the gentleman from Massachusetts, Mr. TUCKER. I ask that the amendment be read. [Mr. BANKs,] and it seemed to accord fully with the understanding of Mr. HOSKINS. I rise to another point of order. This bill having the House. The motion of the gentleman from Virginia [Mr. TUCKER] been ordered to be engrossed and read a third time, I make the point may, however, be entertained. If it is the disposition of the House of order that it is not now in order to offer an amendment; that the to reconsider the ordering of the main question for the purpose of first thing is to reconsider the vote by which the joint resolution has allowing amendments, that may be done. The question is on the been ordered to be engrossed and read a third time, and until that is motion of the gentleman from Virginia. done no amendment is in order. Mr. HOLMAN. But it may be important to know the view of the The SPEAKER pro tempore. That is the motion now pending, and Chair, as that might influence the vote now to be taken. If the view the gentleman from Virginia and the gentleman from Maine merely entertained yesterprevent such inroads and invasions, the An act (H. R. No. 1944) granting a pension to Niram W. Pratt; President of the Unit-ed States is hereby authorized to use the Army of the United States, or so much thereof as he may deem necessary, to drive out any bands of An act (H. R. No. 2162) granting a pension to Clara Brosch, mother invaders and to pur ue them into the territory of Mexico for the sole purpose of of Joseph Brosch, jr., late private iu Company H, Twenty-fourth r ecovering the property taken from citizens or others under the protection of the Regiment Illinois Infantry Volunteers; United States, guarding in all cases against any unnecessary injury to the persons or property of peaceable inhabitants of Mexico. An act (H. R. No. 2691) for the allowanc~ of certain claims reported The President is further requested at once to notify this joint resolution to the by the accounting officers of the Treasury Department; and Mexican government, with an earnest remonstrance against the wrongs done to the An act (H. R. No. 597) for the relief of Anderson J. Smith. people of the United States, and that, while forbearing to take any measures but such as are recognized as jnst and proper between nations at peace, the Government SUNDRY CIVIL APPROPRIATION BILL. of the United States will be constrained, saving the peaceful relations between the Mr. RANDALL. I rise to make a report from the committee of con· two countiies, to take snob action as is indicated by this joint resolution, unless the Mexican government shall effectually prevent the evils complained of in the ference, which I ask the Clerk to read. future. The Clerk read as follows: The committee of conference on the disagreeing votes of the two Houses on the . The House divided; and there were-ayes 54, noes 77. amendments of the Senate to the bill (H. R, No. 3749) making appropriations for Mr. REAGAN demanded tellers. sundry civil expenses of the Government fur the fiscal year ending .June 30, 1877, Tellers were ordered; and Mr. TUCKER and Mr. HALE were ap- and for other purposes, having met, after full and free conference have agreed to pointed. recommend, and do recommend, to their respective Houses as follows: That the Senate recede from its amendments numbered 1, 2, 13, 17, 21, 22, 23, 24, The House again divided; and the tellers reported-ayes 70, noes 79. ~~n~•~~~~~~~-~~~~~~~~~~~~ So the motion to reconsider was disagreed to. 82, 85, 86, 87, 93, 97, 98, 100, 101, 102, 104, 106, 109, 110, 111, 121, 124, 125, 130, 132, 133, The question recurred on the passage of the joint resolution. 134, 136, 140, 148, 132, 153, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, Mr. THOMPSON demanded the yeas and nays. 174, 175,176. 177, 200, 208,217, 240, 242, and 244. That the Rouse recede from its disagreement to the amendments of the Senate The yeas and nays were not ordered. numbered 4, 5, 6, 12, 15, 18, 19, 29, 31, 33, 35, 38, 41, 42, 48, 51, 53, 57, 59, 60, 65, 92, 94, The joint resolution was passed. 95, 96, 112, 114, 115, 116, 117, 118, 119, 123, 126, 127, 128, 131, 137, 138, 146, 147, 150, 154, :Mr. SCHLEICHER moved to reconsider the vote by which the joint 155, 157, 158, 159, 180, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 194, 195, 197, resolution was passed; and also moved that the motion to reconsider 198, 199, 201, 202, 203, 204, 205, 21}6, 207, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 222, 223, 2'24, 2'26, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 2H, be laid on the table. 243, and agree to the same. The latter motion was agreed to. That the House recede from its disagreement to the amendment numbered 3, and agree to the same with an amendment, as follows: Add at the end of said amend- MESSAGE FROM THE SENATE. ment the words "or so mnch thereof as may be necessary; " and the Senate agree A message from the Senate, by Mr. SYMPSO:N, one of their clerks, to the same. That the House recede from its disa~eement to the amendment of the Senate announced the passage of a bill (S. No. il66) to remove the political num bored 7, and a~ree to the same witn an amendment, as follows: For "Green disabilities of Thomas H. Williams, of Maryland; in which concur- vs. VanWyck" snostitute "VanWyck vs. Green;" and the Senate agree to the rence was requested. same. It further announced that the Senate disagreed to the amendment That the Senate recede from its amendment numbered 8, and a~ to the clause proposed to be stricken out, with an amendment inserting after tne word "depart- of the House to the bill (S. No. 842) authorizing the commissione1s ment" in said clause the words •· from March 6 to March 14, 1876 ;" and the House of the District of Columbia to remove the jail on Judiciary Square to agree to the same. · grounds near to the Washington Asylum for the use of the District That the Senate recede from its amendment numbered 9, and agree to the clause proposed to be stricken out, with an amendment addinlL_.at the end thereof "for of Columbia, asked for a conference on the disagreeing vot.es of the services performe degree crippled the insert three,'' and add, to follow as a new paragraph, the followin~: •I Government, I feel warranted also in saying that except upon a pal- 11 For salaries and traveling expenses of agents at seal-fisheries m Alaska, one pable and plain showing the House and Congress at its next ses:;ion agent and three assistants, $9, 4ti5: Provided, lwwe»e:r, That the two assistant agents will discountenance the appropriation of any money fpr deficiencies. wnose salaries are fixed by law at $2,190each per annum shall be discontinued from and after the 1st day of October, 1876." We have an example_of that sort to warn us against the repetition of 1876. CONGRESSIONAL RECORD-HOUSE. 4757 it in the building of the New York post-office. The executive officers upon questions of appropriation. The Hoose committee, with a mar of the Government in charge of that work absolutely increased the jority of gentlemen of course from the other side, gave way upon that expenditures beyond the law to the extent of $227,000, and they really point and yielded to the Senate. Therefore, the spirit of concession have made themselves amenable to and punishable under the law. on the part of the Senate with reference to discretionary appropria- We sent a special committee to New York to make an examination of tions was met by a spirit of concession upon the part of the House, the subject, and they have reprimanded and censured in the strongest where a change of law had been attempted, and the proposed change terms the acts of these officers who involved the Government in con- was given up. That I hold to be a desirable result coming out of this tracts and expenditures beyond the appropriations made by Congress; conference. It is to me a good omen, a harbinger, an indication that but they recommend the payment of those excessive expenditures, the dead look that we have been laboring under in weather which is and I take it that this House will have to pass a bill to provide for threatening us all with injurious consequences, may soon be broken. the payment of these snms, because the parties who furnished these I hope that will be so. material did so in good faith, and the prices paid seem not to have been There is another feature that bas been agreed upon by the confer- exorbitr..nt. But I want to warn distinctly the officers of the Gov- ees in this report which is a good one. That is the feature that the ernment that they ought not to any extent involve the Government items of re-appropriation which were in the bill as it went totbe Sen- for any expenditnres beyond the amount appropriated. Now if any ate in an indefinite form, not showing reaUy how much they contrib- gentleman desires to make inquiries about the details of the bill, I ute to the expenses of the coming year as permissible under tills bill, shall be ready to answer them and to give the reasons which govern- are put into a definitive form. The amount is stated in each case so ed the committee of conference in this action. I now yield to the gen- that we may know what it is, and the various items that go to make tleman from Maine, [Mr. HALE,] who is a member of the committee up the aggregate appropriation of this bill. · of conference. My friend, the chairman of the Committee on Appropriations, [Mr. Mr. HALE. Mr. Speaker, the committee of conference upon this RANDALL,] and my colleague on that committee, the gentleman from very important bill in the results reached was fraught with some im- Indiana, [Mr. HOLMAN,] will both want to know next winter how portant lessons. To begin with, it illustrates very clearly what i8 much Congress appropriated at this session, and how much will have the a-ct.ua.l position of the two bodies upon what is called the dead been spent nnder the appropriation bills, because they will then be lock. A committee of conference upon a bill of this kind is after all in the same condition as to management and leadership that they are the place where if the two bodies come into collision at all you will now in. They do not want any blind about the matter. Therefore find the conflict, because either body in its a-ction upon appropriation by the action of the committee of conference between $500,000 and bills acts largely upon the belief that finally the differences of ap- 600,000 of the items of which were not counted in the aggregate ap- propriations must be settled by the conferees, and so upon important propriations of the bill a~ it went to the Senate are now put in dis- bills the conferees are selected with that view. Now, ta say nothing tinctly as re-appropriations, and are so stated a.nd will be added to of the conferees on t.he part of the House, they met on the part of the aggregate appropriations by the bill, so that we will know how the Senate a very able board of conferees consisting, first, of the mnch we have given to the Departments. gentleman from California, Mr. SARGENT, afterward excused on ac- Mr. RANDALL. My figures are all that way. connt of sickness and his place filled by the present chairman of the Mr. HALE. Certainly; I only referred to this specifically as a Committee on Appropriations of the Senate, the gentleii;lan from good result coming from the action of this committee of conference. Minnesota, Mr. WINDOM, the distinguished gentleman from Indiana, There is one item which my friend the chairman haB mentioned, and 1\!r. MoRTON, and the eminent Senator from Ohio, Mr. THURMAN. to which I wish to say a few words: the question of deficiency. It They represented the Senate views and the committee came to- is true that the chairman of the Committee on Appropriations of the get.her. Now, Iwillsaythis freely: that if therew~ any disposition Senate when be presented this report to that body, in the running on the part of the Senate to antagonize fair reductions upon appro- comments which he made upon it, argued that the Senate had made priation bills, here was a conference that would be able to maintain a concession in regard to many items with the view that deficiencies the senatorial bill ~ but, as the result shows, the Senate baa in this would have to be provided for at the next session of Congress. My case, without making any improper opposition to the reduction of friend, the chairman of the Committee on Appropriations of the discretionary appropriations, largely yielded to the House; yielded House, objects to that staliement. One of his objections is that it in some cases, I believe, although I am a good deal of an economist may imply that the heads of Departments are to be given power to myself, more largely than future events will show that the Govern- spend more money than is appropriated in this bill, which is against me.nt can be rnn for. Bot in many cases also it has yielded to the the law. But the chairman of the Committee on Appropriations of House in cases where we all believe that the Department and the the Senate evidently did not ~o to that extent. It is but justice to service could be maintained. This item of $4,000,000 and over, which him to say that all that he claimed waa that after four or five months the Senate has yielded in this case, is almost entirely made up of of the present fiscal year have expired Congress will again be in ses- items upon discretionary appropriations, involving no change of law, sion during the first half of the present fiscal year. If increased ap- and therefore the Senate did not place itself upon its prerogatives as propriations are needed before the present appropriations are ex- being co-ordinate with the Ho-pse and entitled to like consideration. pended, if that becomes clearly and advisedly necessary, then they They did not yieM in cases where a law w~ sought to be repealed will be made. The next Congress will be called upon to interpose a and that repeal forced upon them by the Honse, bnt they waived remedy at a time when the heads of Departments and Bureaus will largely their first opinion in deferenee to the House on discretionary not have expended all the money appropri.ated and will not have appropriations. Take, for instance, the item for the surveys of pub- trenched upon the law. That, I take it, is all that the chairman of lic lands. The Senate yielded there, and yielded largely, because it the Committee on Appropriations of the Senate intended to say. believed that for the coming year it might be possible for the work Now in regard to this matter of deficiencies, I am not quite as san- to continue with this limited supply of money, although it did not guine as my friend, the chaiJ::man of the Committee on Appropriations believe it to be enough. of the Honse; neither do I go to the extent that the chairman of tha It yielded also largely on the appropriations for public buildings, Committee on Appropriations of the Senate seemed t.o go. I would which involved no change of law. The Senate &lao consented to yield say that a fair medium in this matter of deficiencies and reduction on the appropriations for navy-yards; and, although we have mill- of expenditures for the actual free runnin~ of the Departments would ions of dollars of property there, and the appropriation provided for perhaps lie about half way between the views of the average Senator in this report amounts to only one mill on the dollar, and the Senate and the views of the gentleman from Pennsylvania. The Senator aaked five mills on the dollar, yet the Senate yielded and cut down from Minnesota, the chairman of the Committee on Appropriations the amount to $100,000. The Secretary of the Navy, who has charge of of the Senate, represents perhaps the average Senator in his views this fund, I feel bonnd to say and I am free to say, will take the appro- of deficiency, and my friend from Pennsylvania [Mr. RANDALL] rep- priation and do the best be can with it, because it is our property that resents rather the extreme view upon the other side. · is to be cared for there, not his. :Mr. RANDALL. There can be no view outside of what is the law, So in regard to the printing; the Senate yielded largely there, be- which is that the heads of Departments shall not expend beyond t,be cause the House is quite as much interested in the printing aa the amounts appropriated. Senate; and, although the Senate believed that the amount was not Mr. HALE. Yes; but the gentleman will not cla.im, if he sees next large enough, still, aa no change of law was involved in this matter, winter that a particular appropriation is not enough to run · the De- the Senate yielded. partment until July 1, 1877, that he would refrain from appropriating This item of fonr million odd hundred thousand dollars is made up a deficiency; I believe he has already said that he would. The neces- of items on which the representatives of the Senate yielded becanRe sity will arise at a time when the law has not been infringed, before no change of law was involved and the House had not sought to the amount appropriated has been all expended. I do not believe that drive the Senate by a change of law. my friend, with all his economy, with all his opposition to deficiencies There are other items of this bill from which the House receded, and increased appropriations, will be able to keep them down entirely where it had attempted to force upon the Senate vital changes in the next winter. That ha~ never been done under republican adminis- recognized law of the land. That is a good result to come out of this trations; it waa never done in the good old days of the democratic conference, because this House through its conferees met the Senate administration, the days that were illuminated by the conduct and fairly and freely in a spirit of conciliation. There was in this bill a performances of men in high places at that time. · clause which w~ put in by the House repealing the law which pro- Mr. RANDALL. I desire to say that the deficiencies were very low vides for the protection of the purity of elections in certain cases. this year, and I attribute it to some extent to the fact that in the last That waa a clear case of legislation, and of legislation upon an appro- House we ~ave notice that there would not be any deficiencies al- priation bill. In regard to that the Senate took square ground that lowed. It 1s also a merit which should atta.c h to your party to some it could not concede, that it could not give way, as it was giving way extent. 4758 CONGRESSIONAL RECORD-HOUSE. JULY 20, Mr. HALE. I am glad that the gentleman has frankly made that Mr. HALE. This is about $60,000 less. admission; and I agree with him t.b.at the deficiencies will be kept Mr. HOLMAN. The only reduction that excite-s apprehension (if down. But there will be more difficulty in keeping them down next there is any apprehension about it) on the part of the gentleman winter upon the extreme basis of reduction which has been carried having charge of this service is the reduction of force made by the out by this Con!!Tess than ever before. · Army appropriation bill. My friend ;ID find as surely as time rolls on (and I predict it now Mr. GARFIELD. I ask the gentleman whether the state of the ap- for his benefit) that this body itself, which is now foremost in there- propriation is such that it will require a reduction of the number of duction of expenditures, will, in its incidental expenses and matters stations f of that kind, furnish large items of deficiency next winter. It is im- Mr. RANDALL. It is thought not; neither reduction of the num- possible that it should be otherwise. That is a thing that cannot be ber of men by the Army appropriation bill nor will the reduction of wholly foreseen now. It is a thing that cannot. be prevented by my the money appropriation exceed $50,000. friend now. The immense expenses that have been incurred in con- Mr. FOSTER. It reduces twenty-two stations. It doe-s reduce the nection with the different subjects that have been taken up by this number of stations. Honse and pursued in one direction and another, and which are inade- Mr. RANDALL. We have not reduced the number of stations at quately appropriated for now, must involve demands for deficiency all. appropriations. They will ring at our doors next winter in that im- Mr. GARFIELD. Congress has nothing to say about stations. perious manner which will demand appropriations from the Treasury. Mr. FOSTER. The understood effect of it is that it will reduce And not only will this demand come from branches of the service con- the number of stations. nected with this House; other Departments to some degree will join Mr. HOLMAN. On the contrary, we do not take away a single in the demand for deficiencies. Only then will it be actually known · ~tation. and actually told how much money this Congress has given for ex- Mr. RANDALL. As originally proposed: and as consentecl to by penditures during the fiscal year between July 1, 1876, and Jn1y 1, the chief, there would have been a reduction, but in the Army hill in- 1877. We cannot keep down the deficiencies altogether. I hope they stead of one htmdred and fifty reduction it only remains fifty, and in will be comparatively small. I have no doubt that the Departments, this appropriation $100,000. Last year this department cost nearly under the restrictions laid upon them, will endeavor to adhere to the a million of dollars and it will cost nine hundred thousand this year. rule we have given, and in many cases they can do so; but in som9 Mr. WIDTE. Allow me to ask the gentleman a question. cases my friend will find that they cannot. Mr. HOLMAN. Certainly. Hq.t on the whole the outcome of thiS conference is, as I have said, Mr. WHITE. Whether this final agreement in conference was a matter of great encouragement to me. It illustrates the position reached before or after the caucus the other night t of the Senate ·and the House on this question of appropria tiona. The Mr. RANDALL. That is a very small matter. It does not matter late chairman of the ·committee on Appropriations of the Senate- at all. now the Secretary of the Treasury-in a speech which he made on Mr. WHITE. Is it not the first case in t.he history of t.he country this subject just before ·leaving that body which he had so long hon- in which a caucus was held in regard to such ruatters T ored, stated this matter of the position of the Senate forcibly and Mr. HOLMAN. I beg to sayto the gentleman from Kentucky that eloquently. In summing up what was the actual condition of the there has been no caucus held on any appropriation contained in this dead lock, he showed that while it was claimed that the House and bill. the Senate were $39,000,000 apart, that the House was seeking to re- Mr. WHITE. Do I understand the gentleman to say there has duce by that amount the taxation of the people and the Senate was been no caucus in regard to any appropriation bill? resisting, yet the truth clearly wa-s that the Senate had already yielded Mr. IIOLMAN. There ha-s been no sum increased or diminished nearly 22,000,000; that $9,000,000 of the remaining $17,000,000 was either by the republica.n or democratic party, so far ::ts I am informed, made up of re-appropriations which are to be counted, ancl of defi- in caucus. If there has been, I am not informed of it. The gentle- ciencies which are not to be reckoned here; thus leaving the two man will excuse me. This appropriation was-- bodies only about seven or eight million dollars apart. The conn try Mr. WHITE. Do I understand the gentleman to say there has should understand that upon this question of expenditures involving been no caucus in reference to any appropriation bill t Does he say the reduction of taxation the Senate, instead of being at issue with there has been none in reference to the legislative appropriation bill f the House to the extent of 39,000,000 and resisting the demands of Mr. HOLMAN. I am talking about appropriations, and not about the House for reductions, has willingly yielded 22,000,000 and more; small political matters. so that the real difference between the two bodies at the time when Mr. WHITE. Does he say there has not been one also in reference t.bat speech was made was only seven or eight million dollars. to the sundry civil bill f Mr. RANDALL. Let the people judge whether the Senate would Mr. HOL!rf.AN. I cannot consent to let the gentleman from Ken- have yielded this reduction if the House had not been here to enforce tucky branch off into a political discussion. it. - Mr. WHITE. Does he say there has been none in rega;rd to tho Mr. HALE. That is a question, and upon that the gentleman is en- sundry civil appropriation bill t I hope the gentleman will answer. titled to just as much credit as a. fair view of the subject may give. Mr. HOLMAN. I do not yield to the gentleman for a.ny political My experience in this conference has been, as I said, that when a fair harangue. Senate conference is confronted with a question of fair reduction on Mr. WHITE. I ask for a simple answer. a discretionary appropriation, it will yield for the sake of reducing Mr. HOLMAN. If the gentleman asks anything about the appro- expenditures a:r;td will not block the wheels of the House rolling on in tion bill I will answer him. If he wishes to ask about any appropri- that ·direction. But when you seek to drive through that body by ation made in this bill I will be glad to hear him-as to any increased main force a chan~e of law-of. law that has stood for years, it may charge upon the industries of the country, or any reduction of the be-when you claim the right to do this, then we shall find a confer- present charge-s of the industries of the country. If he has any such ence that will not be yielding, as we found this conference; we shall question to propose, I will answer him with pleasure. find a conference that will maintain what the Sen:tte believes to be Mr. WHITE. I wish to know simply whether thiR was the agree- its rights. ment on the part of the democrats of the House in caucus or on the Mr. RANDALL. I want to say respectfully but pointedly that this part of members here t outcry about "a change of law" is a mere subterfuge for keeping up Mr. RANDALL. It is nobody's business if it is. excessive appropriatiOns. It is quite certain that almost all these Mr. HOLMAN. The gentleman from Kentucky, after he has been extravagant appropriations made in the past have sprung out of legis- in the House much longer than he has, and I trust his constituents lation incorporated in appropriation bills. will weigh his public services fairly and well, will find out that the Mr. DUNNELL. Can the chairman of the Committee on Appro- most valueless of all time employed here-the most against the inter- priations readily inform the House how much is appropriated in the ests of his constituents and mine, and all other constituencies in the bill a.s now reported for the explorations and surveys under Professor country-is that time employed in small political controversies. With Hayden, Professor Powell, and Lieuten._wt Wheeler f a country oppressed bytaxation and laboring under financial embar- Mr. HOLMAN. I will answer the gentleman as nearly as I can re- rassment, with the people actually suffering, we cannot afford, in con- member. The appropriation made bythe Houseforthesurveyunder sidering an appropriation bill like the one now up, to descend to small Professor Hayden was $65,000; and that has not been changed. The partisan debate, and mere petty, party discussion. appropriations made for Lieutenant Wheeler, $30,000, and for Profes- Now, Mr. Speaker-- sor Powell remain as they stood in the House bill. Mr. WHITE. Now, Mr. Speaker, before the gentleman goe-s further, .l\fr. DUNNELL. What was the amount for Professor Powell f I hope he will allow me a moment. Mr. HALE. Thirty thousn.nd dollars. Mr. HOLMAN. My friend will excuse me- Mr. HOLMAN. The Senate added $10,000 for maps and charts; . Mr. WHITE. He will certainly allow me a moment, after making but the conference committee agreed that this $10,000 should be de- that harangue f ducted from the $30,000. Mr. HOLMAN. My friend will have to excuse me. Mr. GARFIELD. According to this report, what is the condition Mr. WHITE. I ask a moment; I wish to make a statement. of the bill in regard to the Signal Service! Mr. HOLMAN. I cannot yield. Mr. HOLMAN. The only reduction made of the increase made in The SPEAKER pro tempore. The gentleman from In(liana has re- the Senate is $100,000. peatedly stated to the gentleman from Kentucky that he declined to Mr. GARFIELD. How does this appropriation for that service yield. compare with former appropriations f Mr. WHITE. The gentleman from Indiana does not dt>sire to do Mr. HOLMAN. I am not able to state the exact difference. me injustice. 1876. CONGRESSIONAL RECORD-HOUSE. 4759 Mr. HOLMAN. The gentleman can get another time for political fectly confident that there cannot come before this House at the next discussion. I am now seeking to discuss a question of appropriation session from the Departments deficiencies of any considerable mo- of public money. ment. I question very much whether a condition of things can pos- The SPEAKER pro tempore. The gentleman from Indiana is enti- sibly occur where a deficiency to the extent of a single dollar can be tled to the floor without interruption, and will proceed. presented by the Departments of the Government. And I am very Mr. HOLMAN. The gentleman from Maine, [Mr. HALE,] who has glad that the gentleman from Pennsylvania, the chairman of the ma-d e a very fair and temperate statement with regard to the spirit House Committee on Appropriations, and the gentleman from Maine with which t.his conference has been conducted, overlooks the fact bavo both given, in effect, the one rather more positively than the that this bill, like all others appropriating money, almost all, contains other, notice to all the Departments of the Government that it is the important legislative provisions, changes in the fundamental law o~ belief of this House after making a very careful investigation and a the departments. very impartial investigation, an investigation conducted not by one My friend slionld not' have overlooked that foot. It waa known to side of t.be House but by both sides of the Hoose, tha.t the appropria- the House and to the Senate that many millions of acres of absolutely tions made by this bill are ample. worthless lands had been surveyed; desert la.nds that by no possibla Mr. GARFIELD. Will the gentleman state bow much reduction irrigation could be made valua.ble for agricultural purposes ; that in this bill grows out of reductions in the appropriations for public many millions of acres of such lands bad been surveyed, giving enor- buildings' - mous profits to those who made the surveys. Perhaps of the 161,- Mr. HALE. The gentleman means the difference between this 000,000 a-cres of surveyed lands undisposed of it will be fount! that year's appropriations for that purpose and the last. at least 50,000,000 acres have been surveyed at enormous prices, Mr. HOLMAN. The gentleman from Ohio knows what the appro- three times the prices that were paid immediately after the war, that priat.ions were last year. are absolutely worthless. Now, sir, we have cut off this evil at the Mr. GARFIELD. I do not know. root by a legislative provision of this bill. We provide that no lands Mr. HOLMAN. Something over 4,000 for new buildings. shall be surveyed except lands that a-re naturally adapted for agri- Mr. RANDALL. This bill appropriates $2,000,000 less for that pur- culture or capable of being adapted to agriculture by the facilities pose. that may be furnished or can be furnished by irrigation, and coal lands Mr. HALE. A little more than that. and mineral lands, rendering it impossible under the law that vast Mr. HOLMAN. It is a little more than $2,000,000, and the reduc- . sums of money should be expended in the survey of desert lands, tion in the bill from the appropriations for the last :fiscal year will be sand banks that could not possibly be converted into any use for the about ~,000.000 witlioot taking public works into account. husbandman. Mr. GARFIELD. In the same connection I desire to ask tl1e gen- We have in the same connection abolished many offices by direct tleman if be remembers what is the amount appropriated in the bill legislative provision. Where land offices have become absolutely as reported from the committee on conference for the new building for valueless, kept up from year to year as mere sinecures, the offices by the State, War, and N~vy Departments' this bill are abolished. The reforms in this respect I believe ca.n be Mr. HOLMAN. Three hundred and fift.y thousand dollars. claimed to be actually valuable. And the Senate in common with Mr. GARFIELD. And the estimate was $1,300,000. Of course we the House has participated in bringing forward these reforms, legis- can stop the work on that building, but as t.he work is going forward, lative reforms, by placin~ them on this appropriation bill. and as it baa been repeatedly suggested to us that the archives of the I wish to call tbeattentwn of the gentleman from Maine[Mr. JlALE] War and Navy Departments are kept in buildings which are liable to another fact. He and the gentleman from Pennsylvania have to be burned and which are not fire-proof, is it policy to delay the talked about deficiencies. Why, sir, there can be no deficiency under completion of this building' We pushed the construction of that this bill; it is impossible there should be deficiencies except in con- wing of the building designed for the State DepaTtment for the s::~ke nection with two or three branches of the service. of getting the precious archives belonging to that Department out of Mr. HALE. Take printing for instance. da~ger of fire, and I ask the gentlemaJ?. from Indiana if he thinks it Mr. HOLMAN. The Department of Justice, the public printing, the wise to cut oft a million dollars of the estimate of this work and ap- revenue-cutter Rervice, the Light-House Board, and the Signal Serv- propriate an amount merely sufficient to ca.rry the building up a short ice are all the branches of the service involved in this bill where by way, and not sufficient to make it habitable; whether we are not, any reasonable possibility a deficiency can possibly occl~ in doing this, running a risk which we ous:ht not to do and postpon- Mr. GARFIELD. I do not think the gentleman should enumerate ing a necessary appropriation, not saving tt T the Signal Service as one of those where a deficiency may occur. I Mr. HOL'l\t!AN. The gentleman's policy of completing these great do not think there ought to be or can be a deficiency in the Signal buildings at once in fact largely increases the amount of cost, in the Service. Last year we said to the chief of the Signal Service that be judgment of those who have investigated the subject, instead of bad no· warrant whatever for makin~ stations except as we gav~ the diminishing the cost. money; that if he did not stay within the appropriation be violated The great buildings which have been constructed in this city, in- the la.w. I agree with the gentleman in his statement as to the othor cluding the Treasury Department, were in progress for some twenty branches where there may be deficiencies, but I think that in this years. There was no attempt made in those days to finish these large branch there cannot be a deficiency. structures at once, as we are now trying to do. It waa not thought Mr. HOLMAN. I mentioned those five branches of the service necessary to burden the country by such heavy exactions. All these where such a thing might possibly occur as a deficiency. Bot for large buildings in this city, the Post-Office Department, the Patent that branch of the service referred to py the gentleman from Ohio, Officet and the Treasury building, were built up slowly through a very the Signal Service, we have made full and ample appropriations. In considerable period of years. · the light-bouse service and the revenue-cotter service the appropria- Now, the gentleman .from Ohio was very well aware that the War tions made by this bill are almost up to the appropriations made the DepartmenL and the Navy Department, which contained these precious last fiscal year; and they are substantially up to the estimates. In archives to which he refers, '\l'e at least as secure now as they have other words, in every branch of the public service that is absolutely been for the last half century. necessary for the administration of the Government the appropria- Mr. GARFIELD. O, no, they are not; because a balloon story tions are made ample. bas been added to each of those buildings of very light material, and Mr. GARFIELD. Did the gentleman refer to the Judiciary De- in consequence we have twice bad the Navy Department on fire and partment as a branch of the service where a .deficiency might occurT some of the records have been destroyed. That should be a warning Mr. HOLMAN. Yes, sir. I mentioned the Department of Justice. to us against delaying the building of the present edifice. Mr. GARFIELD. I wish to say in this connection that that is one Mr. HOLMAN. The buildings are now more secure than they were branch of the service where it is absolutely impossible for the offi- before the war. - cers in charge of it to so guide themselves that there may not be a de- Mr. GARFIELD. 0, no; far less. ficiency; but of course that deficiency will not probably disclose itself Mr. HOLMAN. There are a gre'1ter number of persons employed unt.il we come together again. The number of people that will be as watchmen and in other ways; these archives are mnch more secure summoned as witnesses, the number of murders to be tried under our now than they were twenty-five years ago. We only entered upon criminal jurisdiction, and the number of revenue frauds to be tried the erection of this new building very recently, and so far as the War in our courts are things which no ma.n in advance can more than ap- and Navy Departments are concerned new buildings would not have proximately estimate. And therefore the gentleman may find war- been erected for them at all had it not been in connect.ion with tlhe State rant for a deficiency appropriation for tha.t Department next winter. Department. It becomes necessary to erect a building for the Stata Mr. HOLMAN. I have taken all that into aecoont. I have men- Department because there was no building at all for that Department. tioned the Department of J ostice and the Printing Bureau, the appro- Gentlemen will remember that the State Department was v.t t.ho north priations for the Department of Justice being $'2,500,000 and the ap- end of the Treasury building, but the new Treasury building was propriations for the Printing Bureau 1,100,000. I do not hesitate to built slowly and was the work of years, and when, in the progress of say t.bat so far as the question of deficiencies arising under this bill its reconstruction tho corner where the old State Department was is concerned it is impossible that there should be deficiencies, except reached, it was torn down and the Treasury building was extended. those growing out of one or the other of those branches of the serv- We bad then no huildingfor the State Department, and the necessit:y ice. The opinion of the Senate seems to concur with that of the for a new building for that Department lead to the idea that a build- House tb3.t the approptiation of $2,500,000 to the Department of Jus- ing should t>e pnt up which would include the War and Navy Depart- tice was a.mple. The Senate did not increase that sum, alt.boogh the ments. But for this, even in the prosperous times wbicb we had a few appropriation made by the House reduced the amount half 21 million years ago, when the country was feeling no burden at all, I think the below the appropriation of the last :fiscal year. I therefore feel per- construction of a new Navy and War Department would not have 4760 CONGRESSIONAL RECORD-HOUSE. JULY 20, been thought of. Bot it was perhaps well enough that the work was I will mention to the gentleman from New York [Mr. MILLER] one entered on in connection with the new State Department. There is, objection there is to a large appropriation at this time for the new however, no such necessity of haste about this mn.tter as to reqoJ.re State Department building. By the contract onder which that build- us to throw the labor of years into a single year and place on the ing is being constructed, and which we must certainly get rid of industries of the country burdens of taxation in a single yea.r which sooner or later, a very great wrong is being done the country. Under ought to be borne for a period of several years. Let us learn some- that contract we pay parties havin~ the contract fm· finishing the thing from our £ethers in reference to this matter of burdening the rough stone so as to adapt it for use m the building a profit of 15 per people for public works. cent. upon the entire cost. Therefore the larger the amount of money There is one item to which neither the gentleman from Maine [Mr. they can expend for labor upon this rough stone, in hewing the stone HALE] nor the gentleman from Pennsylvania [Mr. RANDALL] has re- into shape, the more their emoluments will be increased. As soon as ferred, and that is the insertion in this bill of a provision which "that contract is got rid of, and this unwarrantable drain upon the waa·not referred in any form to the committee of conference. I be- Treasury can be stopped, I for one will be willing tO increase the lieve there have been few instances of this kind, but I feel confulent annual appropriation for that building. Still I regard $350,000 for that with a full knowledge of the fq,ct evory gentleman will concur that building ample under the circumstances, and oery ample indeed in the provision. It was found that the agents for the Alaska fur- in view of the fact that at this time the Treasury is suffering so moo- seal fisheries bad not been provided for in any of the appropriation stroosly by this most unjustifiable contract. bills and bad been overlooked in the estimates. Mr. MILLER. If the g~I}~leman will allow me, I will say that I We have four of these agents, or rather one principal agent and do not belittle the sum of $350,000. But it seems to me that in a busi- three assista:t;tts at the islands of Saint George and Saint Paul. Their ness point of view, a-s business men, it is poor economy for ns to pay compensation is fixed by law, and the amount to be received by them out large sums of money for rent and to lose tl18, interest of all the as traveling expenses to Alaska and back for the purpose of counting money we have already expended upon this new State Department the number of skins taken from the fur seals is 'l.lso provided by law. bnildingt while the property itself is probably being depreciated by Under these circumstances and at the urgent request of the Treasury not being completed. If it was a new building, like the poRt-office Department, the committee of conference consented to incorporate building in Philadelphia, for which the Committee on Appropriations an a-ppropriation of the necessary amount of money, providing at' have given $450,000, I might think there wa.s some force in the a.l'gu.- the same time for abolishing two of theso aasistants after the 1st day ment that we h~ better not make a large appropriation for commenc- of next October. A gentleman of very great intelligencet and more ing a new work. But when the work is already commenced and far familiar with those fur-seal islands than any otl:wr gentleman in this advanced, it seems to me to be economy to push it forward to com~ country that I know of, a gentleman who wM sent as an agent to that pletion. region at two different times, I think, by special provision of law-- Mr. RANDALL. The statement of the gentleman :&rom New York Mr. GARFIELD. I suppose the gentlem~m refers to Professor El- [Mr. MILLER] needs correction. In the first place, the building at liott, of the Smithsonian Institution. Philadelphia is not a new one, bot a building in progress. Three mill~ Mr. HOLMAN. Yes. After consulting with him as to the duties ion dollars has been appropriated for it already. In the second place, of these agents, it wa.s thought entirely sn.fe to diminish the number the amount we appropriate this year is $350,000, not $450,000. of assistants by two. We have appropriated in this bill the neces- Mr. MILLER. The money heretofore appropriated seems to have sary money to pay the salaries of one principal agent and one assist- been expended in buying the gronnd and in providing the material; D.nt for the present fiscal year, and to pay the salaries of the other for the gentleman. from Illinois [Mr. LEMoYNE] told us the other day two assistants up to the 1st day Qf October next, by which time they that he could see nothing of the building above ground, and he had will have returned to San Francisco. The offices of those two assist- seen it very recently. ants are abolished after that time, leaving but the principal and one Mr. RANDALL. That is owing to the neglect of the architect, who assistant. went off to buy nine hundred thousand dollars' worth of stone for the I believe I ha~e referred to the only iDBtance in this entire bill first, second, ~nd third stories, and forgot that he requi}'ed stone for where a subject wa-s acted upon which waa not properly referred to the foundation. the committee of conference by one or the other Hoose. I believe Mr. MILLER. I do not understand that stone is such material as the uniform practice has been, where such a thing as this baa oc- would depreciate by delay or perhaps improve very much by season~ cnrred, to call the attention of the Hoose to the fact, for the Hoose ing. , has the right to assume that the committee of conference took juris- :Mr. HOLMAN. I wish to say (and with these remarks I will con~ diction of no subject-matter except those regularly referred to it for elude what I have to say on th1s bill) that this whole system of rent~ action. ing buildings for the Government in this city is in the main a system I had intended to yield long before this to the gentleman from Min- of favoritism. Large num hers of buildings rented in this city at high nesota, [Mr. DUNNELL,] S~Jnd will do so now with great plea.sure. rents are manifestly not actually required for the public service. ' Mr. DUNNELL. I came to my seat just as the gentleman from Mr. MILLER. Then we had better stop that evil at once. Indiana. [Mr. HoLMAN] W3B referring to the very safe condition of Mr. HOLMAN. I doubt very much whether even the completion the War and Navy Department buildings. I desired to ask him if be of the new War Dej>artment and NavyDepartmentbuildingwillput wa.s not aware that last winter the Secretary of Wn.r issued an-order a stop to this system o.f favoritism. The only way in which we can that in almost every room in the War Department buildin~ no fire arrest this evil is by cutting off the appropriations, which we have should be bnilt, in order to avoid a conflagration, and that m those largely done this year. buildings they are unable to have the ordinary fires in winter because Mr. HALE. Did not the last Congress strike at the root of that those buildings are regarded by the officers who have them in charge evil by providing that thenceforward no building in the city of as utterly unsafe! W a.ahington should be hired for any purpose by the Governmeut until Mr. HOLMAN. Thebuildingsarenotfire-proof,asmyfriendknows. an estimate had been submitted and an appropriation therefor made I simply meant to say, and presume I did say, that the War and Navy by Congress' Department buildingR are as safe now as they have been at any time Mr. HOLMAN. That is true. for the last fifty years. There is no new emergency in regq,rd to them. Mr. HALE. I remember that circumstance with some pride, be- They are now a great deal better buildings than they were before the cause of my own participation in the matter. war; they are as good as they were during the war ~nd as they baye Mr. HOLMAN. Yes, sir, the gentleman offered that provision· and been since the close of the war, when these archives were as precious it was adopted. It was.a very wise provision; but gentlemen should and perhaps a little more valuable than now, that the most valuable bear in mind that since that time buildings have been rented in utter of them have gone into history. It is very true that there is now a disregard of that limitation. . great deal of very valuable material there which must be preserved; Mr. DUNNELL. I want to occupy just a single moment. I think but there is no renBOn for extraordinary expenditures now to com- the gentleman from Indiana [Mr. HOLMAN] ie always anxious to be plete a fire-proof building fOl' either the War or the Navy Depart- well understood. Hestatedafew~omentsagothattherecordsinthe ment. · War Department had largely passed into history, and that the pres- And I wish to say further to the gentleman that we appropriate ent records there are comparatively valueless. $350,000 for that building. We deal here in such enormous sums of Mr. HOLMAN. As compared with what were there during or at the money that amounts whicb a few years ago would have been regarded close of the war. as very large scarcely a.rrost our attention. Look over the appropri- Mr. DUNNELL. The records that were in the War Department at ations from year to yea,r for the construction and completion of the the breaking out of the rebellion had very largely passed into his~ new Treasury building. I think there was but one instance during tory; bot the records there now are of greater value than at any pre- the whole progress of that great edifice that the annual appropria~i on vious time in the history of the Government. The War Department for that purpose was larger than $300,000. records could have been better lost at any other time than the pres- Mr. MILLER. Will the gentleman yield to me for a question t ent. Their value is beyond estimate. Mr. HOLMAN. Certainly. Mr. HOLMAN. Why more valuable than before the wart Mr. MILLER. Is it true that the Government is now paying large Mr. DUNNELL. They have been lar~ely increased in quantity. sums for rent of buildings in this city, which it would not be obliged There hav:e been added to the archives of the War Department val~ to pay if this building was completed f nable rebel records-records for which we paid large sums. Mr. HOLMAN. The Government would save a very coDBiderable Mr. HOLMAN. Does not my friend know that the most valuable sum of money in that way. But still it is certain we are permitting of the records of the War Department.-those pertaining to the Sec. the Departments to pay at least twice aa much for rent aa ought to ond Auditor's Office-are not in the War Department building at all, be paid. but in Winder's building, a structure understood to be entimly fire- ·. 1876. CONGRESSIONAL RECORD-HOUSE. 4761 proof. That building contains the most Vll.luable archives of the and office-holders are increasing in number, and public expenditures War Department. consequently alarmingly increaaing in amount ; that money-wealth, Mr. DUNNELL. The Adjutant-General's Office is in the War De- instead of being diffused among the many and throughout the pro- partment building; and it is in the Adjutant-General's Office that ducing districts, is rapidly accumulating in the few and in the cities; the test is made of the verity and correctness of all the other records. that we have fallen upon those times that, either from unwise ad- Mr. HOLMAN. But the soldiers are interested particula.rly in the ministration or some other unfortunate and uncomprehended condi- records of the Second Auditor's Office; and those are in Winder's tion, the rich few n.re daily becoming richer and the poor many, who building a fire-proof edifice. are the bone and sinew of the state, are daily becoming poorer. As- Mr. R1Ni>ALL. Mr. Speaker, this question in regard to the ar- suming that this state of affairs exists, the highest duty of a Repre- chives brings me to consider some statements made yesterday in the sentative of the people is to carefully study the situation and attempt Senate, in which the impression was given or attempted to be given to apply a. remedy. One remedy from which immediate relief must that we had in some way interfered with the appropriations for the result to the people is by reducing expenditures, and thereby de- preservation of the rebel archives, and thereby interfered with the creasing the burdens of taxation. defense of the Government against improper claims. It has been the effort of the majority of this House from the first Now, sir, those rebel archives are appropriated for in three different_ day of this session until now to decrease the financial budget for the ways: first, in the legislative appropriation bill, where the amount present ye'tr. Although enthralled as we have been by constant given is $6,000; again in this sundry civil bill, the appropriation opposition from the minority, there has been a reduction of over here being $6,000; and besides there is another item which last year 39,000,000, without interfering with th~ efficiency of any of the De- was $50,000, but which the Committee on Appropriations have re- partments of the Government. To this reduction a factious and un- duced to $40,000. . authorized opposition has been developed in the Senate, the repub- Now, I rather regret that alllli!ion has been made to this subject in lican branch of Congress, and while their leading representatives aro the Senate, because it brings me to notice a great abuse which has constantly promulgating theories of rigid economy for the hboring taken place in connection with the expenditure of the money hereto- millions they oppose With desperate energy every effort to deprive fore appropriated; and this is one of the reasons why we have reduced the officin.l household of any of their gaudy trappings, useless display, the appropriation: In connection with the appropriation of $50,000 and riotous extmvagance. The democrats demand as the representa- made last year, a provision was incautiously inserted, under which tives of the people that the strictest economy shall be practiced in clerks already receiving salaries from the Government were allowed the a.dministration of public affairs; that useless offices shall be abol- to do additional work at additional pay in copying these archives. ished and that useleBB office-holders shall be driven to producing pur- Under this provision regularly authorized clerks receiving already suits; thn,t, instead of absorbing the hard-earned wages of the poor, salaries from the Government have obtained a large portion of this they shall by labor bo compelled to add their quota t.o the wealth of money in addition to their regular pay. And the result was that the state. toward the end of the fiscal year quite a number of clerks who had Before I conclude it will be my attempt to show that offices and been paid out of that fund were discharged, when, if this appropria- office-holders in the midst. of the general depression that has sur- tion had not been allowed to be eaten up by additional salaries to rounded us for the last few years have been n,lmost constantly in- regular clerks, they would have been continued up to the end of the creasing; that the apparent attempt has been to make places to re- fiscal year. For instance, the chief clerk of the War Depart.ment, ward partisans rather than to consider the welfare of the people or in addition to his regular salary, drew some sixteen hundred dollars the economy of public administration. It cannot be doubted that from this fund. I think it was an improper act, and if I had been without do.maue to public interest from four to five hundred millions Secretary of War it would have been short work for that officer. An- of doll.·trs coufd have been sa.ved to the people in the lnat ten years, other officer, a Mr. Barnard, has received in one way or another ad- the saving of which would have prevented the present depressed con- dit.ional pay out of this fund. dition of affairs and the untold and little-understood misery and un- And this is the abuse the committee have cut off. Incautiouslv this happiness that it entailB. What, then, is our duty and what do the was allowed under a sort of provision embraced in the last yeai's ap- people demand f propriation bill. This groBB abuse was allowed seemingly under the Retrenchment, economy, and reform are demanded by the people. Jaw. No such thing was ever intended. It was not understood at The eloquent appeals of unscrupulous politicians to secure partisan the time, for if ii had been it would have been at once corrected. In triumph and the rhetorical fulminations of partisan laudation, p!l.r- addition to the two officers I have named there are others iu the War tisan honesty, and partisan integrity in this often-referred-to cent.en- Department who have been pai{l out of this fund double salaries. nial year will not suffice to meet their demands. They demand of This is what we have out off in the amount we have approprhted for their servants, to whom they have confided the control of this great the rebel archives to which I have alluded. and free nation, that they shall be frugal, honest, and economical in The CHAIRMAN. The hour of the gentleman from Pennsylvania all their expenditures v.nd expel from the public service at once and bas expired. forever all venal, incompetent, and corrupt men. They demand, Mr. EDEN. I wish to aak the gentleman what is the amount which sir, that fraud and corruption shall at once cease in every Depart- remains in the various appropriations relative to these rebel archives f ment of the Government, and that there be an immediate return .Mr. RANDALL. This fund was exhausted. It was exhausted be- on +,he part of all officials to that economy, patriotism, and virtue fore the end of the last fiscal year and exhausted in the manner I have which characterized the conduct and action of our fathers. They stated by salaried officers in the War Department receiving addi- demand !l. reduction of expenditures in every branch of the Govern tional or double salaries paid out of that fund for which there was ment, and that not one dollar nor one dime more than is· absolutely no justification in my mind, although the law was so cunningly framed required for carrying on our Federal affairs shall be appropriated from as seemingly to allow it. It is whnt is' known in the Treasury De- their depleted Treasury. They demand that the extravagance and partment as a" slush" fund. We cnme across items of the same sort reckless expenditures which have crept into the various departments in other bills. There is one in the legislative bill which I hope will within the past fifteen years shall absolutely and forever cease. They be stricken out. have witnessed wifih sorrow and indignation the frauds, the pecula- I promised to yield to the gentleman from Illinois [Mr. HARTZELL] tions, and the arbitrary acts of the party in power. They have seen and then to the gentleman from Virginia, [Mr. IiARrus,] but as my their Treasury despoiled, th~ir Constitution wantonly viola.ted, their hour has expired I will allow the gentleman from Illinois to take the States subverted, and their Legislatures dispersed to maintain the floor and he can occupy it in his own right and after him the gentle- power, patronage, and supremacy of a party. II!an from V:irginia can take the fl~or and then I will demand the pre- Fraud and corruption in office are almost as frequent as the offices vwus questiOn. themselves are numerous, and the greatest violators o! law have their . Mr. HUBBELL. I call for the regular order of business. apologists among the highest officials in the land. The history of Mr. HALE. I hope there will be no objection to the extension of civil service, as administered b~ tho party in power, is a recital of ex- the time of the gentleman from Pennsylvania. travagance, fraud, and corroptwn. Men oc'cupying high and respon- Mr. RANDALL. I am obliged to the gentleman, but I do not want it. sible positions as Government officials, whose characters are black- RETRENCHMENT AND REFORM. ened by crime and who are in some instances arraigned before the tribunals of theircouutry to answer indictment, are still recognized as Mr. HARTZELL. Mr. Speaker, while it is not my purpose to elab- suitable persons to perform the functions of their high offices. Rings u.rately ar~ue the many points of difference between tho party I have ·hn.vo been formed with and without congressional aid for the purpose the honor m part to represent on this floor and the republicru1 party, of plundering from the people's Treasury the results of their hard- I hope to be able briefly to recur to those most prominent. It can earned. ~ains. Money is deified and wealth is so centralized that freo doubtless be said with truth, as a general proposition, that the long- institutwns are endangered and the rightful pow~ of the people de- cont~ued retention o~ power by any party in any country beget-s cor- stroyed. A disregard for the sa~red teachinus of the Constitution and ruptiOn. · It can certamly be truthfully stated that this general con- a contempt for the forms of law markt.he advent and the reign of the dition is exemplified by republican rule. party in power and will result in their overthrow. Party despotism is In as brief a manner as possible, I propose to show by figures and tmre]enting·in its demands, and he who profits by its influences is com~ undisputed facts that since the conclusion of the late war the ex- pelled to wear, like Gurth, the collar around his neck marked "this is. penses of a,ll the different departments of the Government have been the born thrall of Cedric the Saxon." on the incre:tse; tha,t while all the valuable industries are langujsh- But, sir, the time has come, and very fortunately, too, for t~e wel- ing, while all the products of labor · are decreasing in value, while fare of the country, that empty promises and loud professions of econ- the agricultural, manufacturing, mercantile, and labor interests aro omy by political parties will not satisfy the demands of the over-taxed und.er the influence of stagnation that almost equals death, offices people. They havo declarad for true economy in every department of 4762 CONGRESSIONAL RECORD-HOUSE. JULY 20, the Government, and that all reckless expenditure shall absolutely showing tho annual net ordinary expenses of the Government, exclu- cease. They have defied the authority of party, which for so many sive of pensions and interest upon the national debt, from 1852 to years has chained the country to the car of corruption. With united 1860, both inclusive, and from 1867 to 1875, both inclusive: voice they demand that their servants m all official positions must be honest, economical, and competent. We are admonished daily by the ~rJ: ::::::::::::::::::::::::::::::::::::::::::::::::::: :~::::: ::::: ~~: ~~: ~~ I~ condition of all our material interests that retrenchment, economy, 1R54.--.---- ••• --- •• . ----- ·--- -· .• ----.-----------.--- ·- ··---- ·----- 50, 734,863 42 and reform in all the departments of the Government are absolutely 1855. _. _. _.. _•• _ .• __ •• ____ •• ··---· ·--··· •• __ ---· __ ··- _•• ··-- _.• ----· 54, e:JS, 5il5 :i9 required for the perpetuity and preservation of the life of the nation. 1856 ...... ·----- ·--·-·------ ·--· •• ·----- ------ ·-·-- --·- --· ·---.- --·· 65,476,297 99 American commerce has almost abandoned the high seaa; the agri- l~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~t: ~~: ~~ ~ culturists of the country are bowed to the earth with low prices and 1859 .••••• -----· ·----·-···-·· -·----·----·----- ··---- ...... _-·- ____ __ 65, 13a, 121 36 oppressive taxation and are struggling on their broad ll.cres for a bare 1860 .•••••• ------ --·······-- ------·· ---··· ••. --· ----·- ··---· ·-··· -·· 58,955,952 39 existence; the factories and machine-shops are nearly all idle, me- Total amount net ordinary expenses for nine years from 1852 chanics are thrown out of employment, and in many instances are to 1860 -----.---------- -~ ---- -·. ---.- ·--- --.--. ·--- -· ·---.-- 511,290, 804 47 without the actual necessaries of life; destitution and misery are stalk- The following table shows the annual net ordinn,ry expenses of the ing from city to city, from hamlet to village, and from ocean to ocean. Government, exclusive of pensions and interest upon the national While the business of the country is paralyzed and universal bank- debt, from lt:l67 to 1875, both inclusive: ruptcy threatens the whole people, the burdens of taxation are more oppressive, ruinous·, and exacting than ever before. 1867------ --·--- •••••• ---- ·- ---. ·- ·- ---·- -·- ·-- ·-- -- -·--·-. -·.-- - · fl82, 011, 182 16 1868.----. ··-- -- ·-····- --.--- ·- --. ----------- ... ---- .•• -··.---.-.- 206, 132,701 33 National taxes, St.a.te taxes, county taxes, town taxes, municipal taxes. The col- 1869. _____ ------······-·--···---·- --------···--------·--·-·-·---·· 161, 989, 733 17 lector is as inevitable as the grim messenger of death. Incomes, profit-s, wages, 1870.-- -·- ------.--- •• ---. ··----- ·-· ·--- -· ---- -· --~ ---.----- ·--· -- 136,081,304 98 ali these fail, but tJ.xes rise. 1871. ..... ------ ··--- --· ·--· ·----· --·- ·---·- ...... ··--·- ·----- ---· 123, 139, 932 70 Mr. Speaker, during the year 1875 there were 7,740 business.failures 1872. --· -- ·-----.-- ... ----.-- .. --· -- ---· -· ··-- -· -·-- -·. ---- •• --- -· 124, 668, 453 43 1873 .••••• ----·- ---··· ···--- ·-·-··--·--. -- ··---· ··---····--···· ·-· 151., 129, 210 04 in this country, whose aggregate losses were $201,060,353, and during 18'74 .••••• , _____________ ·---···---·----·-------·-···---· -·-·---··- 149, 580, 570 34 the first three months of the year 1876 the failures amounted to 2,806 1875 .••••• ·----· ·---·· ·----·-- ----·-·-- --·· --· ·--··· -------- ••• - -· 142, 073, 632 05 and the losses amounted to $64,644,156. If the failures continue throughout the remainder of this year in the same proportion, they Total amount net ordinary expenses for nine years from will present the startling number of 11,224, while t.he aggregate losses 1867 to 1875 ------ ·-·--·.-- ---·--- ·----· ---··-·-·--- ·- ·-· 1, 376,806,720 20 will reach the enormous sum of $258,500,000. With these numerous Here, Mr. Speaker, we see that the net ordinary expenses of the evidences of financial ruin, which are constantly presented to the Government for the nine years from 1867 to 1875, exclusive of pen- minds of the people, is it surprising that they should forget party sions and the interest upon t.he national debt, exceed those for the ties and leaders and look only to the protection of themselves and nine years from 1852 to 1860 in the enormous sum of $865,515,915.73, the preservation of their Government from universal bankruptcy and nearly half enough to pay the whole national debt. Sir, is it not decay1 The grent political revolution that swept over this country time that the American people were ordering a halt in all extrava- in 1874 anu gave to the democratic party a majority in this branch gant legislation and reckless expenditures and demanding in the most of the legislative department was inaugurated by the people of all emphatic manner a return to that economy and simplicity which are politic.al parties in the interest of economy, retrenchment, and reform. the safe guards of a republican form of government T The people And, sir, if we prove faithful to our trusts and obey the demands refuse longer to close their eyes to the imperial displays which are of the people in appropriating such sums of money only as are going on all around them, and which not only threaten a subversion requisite and necessary for an economical administration, the ides of free instit.utions, but are impoverishing and bankrupt.ing the coun- of November next will witness a revolution at the ballot-box un- try. In this connection, :Mr. Speaker,~! wish to present the follow- equaled in the annals of our political history. Sir, understanding, ing carefully prepared statement, showing the amount of the differ- as I think I do, the wants and desires of the people whom I have the ent appropriation bills passed by this House as compared with the honor to represent, knowing, too, the hardships and privations to appropriations made for the same purposes by the last Congress: which they are subjected by cruel and reckless legislation and op- Military .Academy bill: pressive taxation, I am ready and willing to vote for all necessary Amount recommended by this House for year ending June 30, 1877. $231,241 00 appropriations for an economical administration of the Government, Amouutappropriated by lastCongress------·----·---·----------·-- 364,740 00 but not one dollar more. I am one of those, Mr. Speaker, who hold that governments like individuals must be economical to be success- Reduction over last Congress .•..•• ------·---·-·-·--------.__ 133,499 00 ==== ful. The question presented by the repnhlican policy in t.Peir deter- Pension bill: mination to perpetuate present extravagance is whether we shall .Amount recommended by this House for year ending June 30, 1877 _ $29, 533, 500 00 A~ount appropriated by last Congress: .... ____ •.•. _•••.. _••. __ .• __ 30,000, 000 00 make further loans and spend the prinCipal and go only for a few years to come to the people for the interest, or so increase the bur- Reduction over hst Congress.----·.-._---·-_.·-- __ .. --·--. __ . 466,500,00 dens of taxation that the principal sum can be extorted from them === annually, while the majority of this House demand such reduction of Consular and diplomatic bill: expenditures that the inauguration of this republican policy is un- Amount recommended by this House for year ending June 30, 1877. $922,847 50 Amount appropriated by last Congress. ___ ••. ___ • _. ____ •. __ .. ___ • _ 1, 351, 285 00 necessary. The gent~emen on the republican side of this House insist that they Reduction over l~t Congress .• __ •.. ___ ..•• _•• _. _•••• _•• _.••. 428,437 50 are for retrenclunent and reform wherever it is possible. But when ==== Fortification bill : you propose the reduction of the salaries of any of the employes in Amount recommended by this HQuse for year ending June 30, 1877 _ $;!15, 000 00 the Departments they say it is not practicable. When you propose Amount appropriated by last Congress ...•.•..•. ·--·-·.----·-··-·· 850,000 00 a reduction of the clerical force in any o f the Departments of the Government, they say you cannot do it without seriously affe~ting the Reduction over lA.st(J()ngress .----- --- ·-- -----· -----· ·--· ·-- .. 535,000 00 public service. Legislative, executive, and judicial bill: The truth, is Mr. Speaker, the loud professions of economy coming Amount recommended by this House for year ending June 30, 1877. $13, 009, 807 61 from the gentlemen on the other side are a deception. They are in- Amount appropriat-ed by last Congress .. -... __ .-.- .•• -.- . _. _. _. . . . 18, 734, 225 00 tenaed to be Jxtensively circulated over the country with the hope of deluding the people into the belief tJlat they are in favor of reducing Reduction over last Congress----·----··- .. -·--··--······---- 5, 724,417 39 the expenditures, while in reality they are here laboring and voting River and harbor bill: . for excessive appropriations and high salaries, which in the aggregate .Amount recommended by this House for year ending June 30, 1877. $5, 872, 850 00 amount to many millions of. dollars more than are required for an Amount appropriated by last Congress .•••••. __ ••• __ ••••. __ -_... _. 6, ti43, 517 50 honest and economical administration. Reduction over last Congress··--·--·-··--····-·--·---·-·.... -- -- 770,667 50 In 1855, while discussirtg the appropriation bills of that year in the Senate of the United States, Mr. Benton said: "That a practical man, Deficiency bill: acquainted with the objects for which the Federal Government was Amount recommended by this House for year ending June 30, 1877. $662,315 07 Amount appropriated by last Congress-------··----··-·--·-------- 4, 703,699 18 created and familiar with its financial workings from the time its fathers put it into operation, could take his pen and cross out nearly Reduction over last Congress.--···-···--····.-·· .. --····_--· 4, 041,384 11 the one-half of the appropriations for that year, and leave the Gov- Arnment in full vigor for all its proper objects, and more pure, by re- Post-office bill : Amount recommended by this House fur year ending June 30, 1877. $3'2, 189,109 00 ducing the number of those who live upon the substance of the peo- Amount appropriated by la t Congre-ss ___•. __ •. _.. _... _•• __ .. __ • _. 37, 524, 361 00 p~e.:: Sir, while tQ.e Committee on Appropriations have not gone to the extent suggested by Colonel Benton in 1855, they have had the Reduction over last Congress---.-·----------·--.--·--·-----· 5, 335,252 00 wisdom and courage to reduce the appropriation for this year Navy bill: $39,000,000 below last yE>ar, and the democratic side of this House Amount recommended bv this House for year ending June 3(), 1877. $12,809, 655 40 have had the courage and patriotism to stand by them in th~ir labors. Amount appropriated by' last Congress.-----·--·- .• ·-----·---···--. 17,011,306 90 I am aware, sir, that the annual saving of 39,000,000 is of small con- sequence to some of the gentlemen on the other side of this House, Reduction over last Congress ....•.. --·------_--·---·-.--·--·- 4, 202,651 50 but it is of vast importance to the tax-paying people of the country, Indian bill: who must meet it. Why, Mr. Speaker, the entire net o.r dinary ex- .A.inount recommended by this Honse for year ending June 30, 1877. $3, 905, 771 27 penses of this Government for the year 1846 were only 26,418,459.59, Amount appropriated by last Congress.·---··-·--·--·-·-·----· __ ... 5, 360,554 55 being over 12,500,000 less than the reductions made by this House. Reduction over last Congress.. ·----·--·-·------·-·- ...... __ .. 1, 454, 78.'l 28 I desire in this connection to submit some carefully prepared tc1.bles 1876. CONGRESSIONAL RECORD-HOUSE. 4763 Army bill: give this as another example of republican financial policy. · Though Amoun~ recommended by this Honse for year ending June 30, 1877 · $23, 254 • 477 12 comparatively small in its results, it is one of the patent indications Amount appropriated by last Congress............................. 27, 933, 380 00 f th · xtr d kl di d f h li o err e avagance an reo ess sregar o t e pub c Treasury: RedJlction over last Congress . • • .. • .. • • • • • .. • • • • • • . • • . • . .. • .. 4, 678, 902 88 .Appropriations for House folding-room. Sundry civil bill: 1861 ••••••• ~---··················································--···· $30,000 00 Amo1mt recommended by this House for year ending June 30, 1877, 1862 ................................................................. . 30,000 00 about ............................................................ tl14, 926,981 74 1863, •••••••••••••••••••••••••••••••••••• ••••••.•••••••••••.••••••••••• 30,000 00 Amount appropriated by last Congress............................. 26, 644, 350 09 1864 .• ·•·•••••••••••••••••• ·••·•••••••••••• •••••••••••••••••• --~ - .••••• 30,000 00 1865 .................................................... ~ .••••••••••••• 30,000 00 Reduction over last Congress about.......................... 11,717,368 35 1866 .................................................................. . 30,000 00 1867 .................................................................. . 30,000 00 The following statement shows the·actual reductions made in the 1868 .................................................................. . 42,000 00 twelve appropriation bills passed by this Honse for the fiscal year 1869................................................................. .. 122,000 00 1870 ................................................................. .. 37,000 00 ending June 30, 1877, over those passed for a similar purpose by the 1871. ................................................................. . 80,000 00 last session of the republican Congress for the fiscal year ending June 1872 .................................................................. . 100,000 00 30, 1876: . 1873 ................................................................. .. 100,000 00 1874 ................................................................. .. 100,000 00 ~~~btU~~~~~~--·::.:::·:.::·.:·:::::.·.:·.::·:::.·:::.:·.:·::::.::·::.: . $~~~ ~~ gg 1875 . ................................................................. . 1876 ...................... ........................................... . 41,200 00 25,000 00 Consular and diplomatic bill........................................ 428,437 50 l'ortification bill............ .. . .. • . .. .. • . .. • • • . .. .. • .. .. . . .. .. .. . .. • 5.15, 000 00 1877 ................................................................. .. 15,000 00 Legislative, executive, and judicial bill.............................. 5, 724,417 39 River and harbor bill............................................... 770, 667 50 Here, sir, we have presented the remarkable fact that from 1 61 to 1867, during the whole period of the civil war, when labor was high ~~:t~tit!e till:::::::::::::::::::::::::::::::::::::::::::::::::::::: ~: ~~: ~ M and our currency was depreciated to about forty cents on the dollar, ~ili!nbg1:::::: :::::::::::::::::::::::::::::::::::::::::::::::::::: t ;~~: ~~ ~ the actual expenses of the folding-room were only $30,000 per annum, while the appropriations for the same purpose from 1868 to 1B75, when t::&:~~-brn:::::::::::::::::::::::::::::::::::::::::::::::::::: J: ft~: ~ ~ laborwascheap anq, when, too, our currency had appreciated in value to within a few cents of par, averaged the enormous sum of $71,750; and Total amount of reductions ................................... 39, 487, 865 51 for the year 1869 the appropriation amounted to $122,000, and lor the In this connection permit me to present tw.o additional tables, one years1b'72, 1873and 1874the appropriations reached the sum of 100,000 showing the increase per capita of taxation, and the other showing the per annum. During the last session of the Forty-third Congress, increase of civil offices; both of which demonstrate the fact that ex- when the republican mn,jority saw that the control of this House was travagance in expenditures and exp::msion of offices have gone hand a.bont to pass into the hands of the democratic party, they wei'e n hand under republican rule: seized with a violent spasm of economy, and in their appropriations for the fiscal year ending June 30, 1876, they allowed but $25,000 for Taxes in the United States. the folding-room. They thus admitted that the democratic party could run this department of the Government much more cheaply 1850. 1860. 1870. than they could. But, sir, this reduction of expenditures in this branch of the service by our republican friends during the last ses- Gold. Gold. Ourrtn.cy. sion of the Forty-third Congress for the fiscal year ending June 30, Federal taxes...... . . .. . . . . . . . . . .. . .. .. .. . tM>. 000, 000 $60,010, 112 $450, 000, 000 1876, wa.s not sufficient to satisfy the wishes of the majority of this State, county, city, and town taxes....... 43,000,000 94,186,746 280, 591, 521 House, and they have reduced the appropriations for this purpose to -------·--------1--------------I--------------- $15,000 per annum. Total. . .. .. . . . . . . .. .. .. .. .. .. .. . .. . . 83, 000, 000 154, 196, 858 730, 591, 521 1========1======== The-object of these excessive appropriations for the folding-room Population . . . . . . .. .. .. .. .. .. .. .. . . .. .. .. . 23, 191, 876 31,443,321 38,558,371 while the House was under republican control was to enable them to Taxes, per head: use the public treasure to defray the expenses of their political cam- Federal. .. . .. . • .. . . .. . . .. .. .. .. .. • .. .. .. . 1. 72 1. 91 11.67 Local.................................... 1.85 '2.!19 7. 24 paigns by the distribution of documents and otherwise. The object of reduction to $25,000 by the republican House last session was to Total............................... 3.57 4. 90 18.91 prevent the democratic party from using this weapon for the advance- ment of their cause. The democratic party, however, represented as The following statement of the number of employes borne upon t.hey are in this House by a majority, and confident of its continuance the civil list of the United States from 1859 to 1875, inclusive, is com- by the people, have further reduced the expenses of the folding-room piled from the Biennial Registers : 101000, thus showing by acts that they commend themselves to the 1859 ........................................................................ 44, 527 people by true economy. 1861. ....................................................................... 46, 049 While, sir, it has been universally admitted that this House has the 1863 ........................................................................ 47, 375 constitutional right to determine the rules of its own proceedings, and 1865 ........................................................................ 53, 167 to designate the number of its employes and the appropriations neces- 1867 ........................................................................ 56, 113 sary to defray its annual expenses, it has been left for the present 1869 ........................................................................ 54,207 1H71. ....................................................................... 57, 605 Senate to reverse this long-eRtablished custom, and have constituted 1873 . ...... , ...................................................... .......... 86,660 themselves the guar4iansof this House. In the legislative, executive, 1875 .............. ~ .......................................................... 94, 119 and judicial appropriation bill, which originated in and passed this Thus, Mr. Speaker, with the united opposition of our republican House April 28, 1876, the number of employes and their salaries were friends this House has reduced the appropriations for the fiscal year fixed by this House, and the necessary sums 'of money appropriated ending June 30, 1877, below the actual appropriations made by the to meet the current expenses of this branch of the public service for last Congress for the fiscal year ending June 30, 1876, over $39,000,000; the fiscal year ending June 30, 1877. But, sir, what is the condition and much larger reductions could have been made without injury to of this bill when it has passed the Senate f We see, sir, that the the public service had we but men at the head of our governmental number and compensation of the employes of the House of Repre- affairs who are in sympathy with the people ancl impressed with the sentatives have been increa-sed by the Senate amendinents, and the necessity of economy and reform. And yet, sir; after all that this appropriations made by this House to defray its own expenses for the Congress has done in the reduction of expenditures and in lifting fiscal year ending June 30, 1877, have also been increased by the Sen- bmdens from the shoulders of the people which have so grievously ate amendments over $2'24,000. This is $2"24,000 more than this House oppreased them for many years, we are still told by our republican deems requisite or necessary to defray its expenses for the present friends in this House that economy, retrenchment, and reform is the fiscal year; and yet the Senate insist that we must appropriate and mere party cry of political demagogues. Sir, the ~entleman from expend this large sum uselessly and extravagantly. In this we have Nebraska [Mr. CROUNSE] struck the key-not.e of his party on that another specimen of republican economy and reform-a policy which side of the House when but a few days ago on this floor he used the looks only to an extravagant expenditure of the people's money, and following words: a needless increase of the burdens of taxation. A policy that cowered Now, I am not one of those gentlemen who advertise themselves in a5 30 some time since, which is but a fair sample of those delivered within g~~~~;i~~i~: :::::::::::::::::::::::::::::::::::::::::::::::::::::: 6, t!~: ~~ ~~ the last few days on this floor. In speaking of the condition of things in the South he says: Rhode Island........................................................ 231,767 50 ~~~e~::eo~~: ::::::::::::::::: :::: ::::~: :::::::::::::::::::::::::: ~~: ~~g gg There Just now there are ilo inducements to out throats, burn, whip, and drive out. are no important elections on hand in those States. They are standing on Texns.... . . . . ..• . •• . . .. .•. . . • . . .. .• . . . . . .. . . • . . ........ •. . . . . • . . ••. 2.'i7, 448 .37 their good behavior and are anxious to impress the people of the North with their Utah.......... . .................. ................................... 31,545 51 peaoea.ble and virtuous intentions. But the same men aret.hereyet,animated with Vermont . •.... : ..................................................... 58,251 85 the same spirit and purpose, and ready to resort to the Slltme means whenever it ~f~~~~~~~ ~~~~~~~~~~=~~==~~~=~=:~~~~~~ =~~~=~~=~~;;;;~:::; ~~~ :i ~ E becomes necessary to achieve suocess. What does this mean T It undertakes to say that a portion of the people of the South are cut-throats and ready and intend to do mur- 'Vyoming . . . . . .•. . . . . . . . . . . .• . .. . • . . . . . .• . • . . . . . . . . . . . . • . . . .. . •• . . . • 11, 942 11 der, burn houses, and drive their opponents out of the country when- In conclusion, Mr. Speaker, allow me to say that one of the most ever an election comes off. Is there a gentleman within the sound of dangerous features of the times is this constant laudation of money my voice who believes this T The people have only to consult 1·eason and constant forgetfuhiess of the people. Our legislation is colored a moment to see the utter fallacy of this stale charge. Men who by it and public interests suffer. The man who has the boldness to commit murder and arson, either for the love of it or for profit, are no talk of the people and devote himself to their interests is mot by the respectors of persons. If they have enemies they may first devour scoff of the bondholder and the sneer of his followers. While it is right them, but when that ta-sk is completed they will turn upon any one that public credit should be protected, that all our money obligations they can find. Therefore no community or State can tolerate such should be paid, let me submit that it is not wrong to defend the in- men. Suppose a portion of the republican pa.rty of any northern terests of the people and protect them from the grasp of the corrup- State should organize to cut the throats and burn the property of tionist-a and the avarice of the Shylocks who infest society. Lot us democrats, and then drive them out of the State, is there a single re- not forget that labor is the creator of wealth, and that capital should publican within their reach who would feel safe T No; they would be its servant, not its master. rise up and at once arrest and punish all such lawless offenders, for Mr. HARRIS, of Virginia. !t-fr. Speaker, when tho Cincinnati con- independent of the revolting crime they would argue the murderers vention threw .1-side those great sectional agitators, Senator MORTON must be put down, for who knows when they may turn on us. Then and the late Speaker of this House, it was hoped and believed that the are not the people of th~ South influenced by the same common feel- pending political contest was to be fought upon a higher plane than ings of humanity and self-protection that govern you t If they are, sectional hate and bitterness; that reason wa.s to supersede passion, can they afford to harbor and tolerate murderers and house-burners. in that the judgment of the American people was to be a.ddrcssed, that their midst f Whose life, whose propert~1 whose wife and children a grand old-fashioned political contest was to be foqght with well- would be safe! Who could rest on his pillow at night in the midst 4766 CONGRESSIONAL RECORD-HOUSE. JULY 20, of such people f The people of the South, no more than you, could came as a good citizen, bought property, and went to work. During live under such a state of things. :Moreover, the Senator seeks to the war he was an ardent war republican. Notwithstanding, he was keep alive the passions engendered by the war by his reference to kindly received and honored by our people. The same party with- "loyalty and treason," freedom and slavery, civilization and bar- drew their own candidates for the offices of governor, &c., in 18()9 barism. and selected a gentleman who had been a war man on your side and True, Mr. Speaker, we had a great war. I am notheretodiscussits elected him and the whole ticket to those high offices. The retired merits, to criminate or to defend. It has passed into history. Let it governor has again been honored by election from the metropolitan pronounce the judgment, and by that we are willing to abide. Suffice district of Virginia to the seat which he now occupies on this floor. it to say that the war was the result of the weakness of poor humanity; This is the manner in which Virginians treat northern people who and until it shall be the pleasure of God to make man better, it will come among us as good citizens. ever bo thus. Look around us, and what government has ever been But the carpet-bagger-who is he and what sha.ll I say of him f He established upon a firm basis without internecine wars f Greece had is a man not respected at home-could not have been elected to the her Messinian wars, her Peloponnesian wars, her sacred and social humblest township office in his State-without character and with- wars; Rome her Marins and Sylla, Pompey and Cresar, Augustus and out friends. When your Army went down South after the war he Antony. France,within the recollection of men now living, has had stealthily followed on and fell in with our colored people, just then as many revolutions as there are fingers on your hand ; Spain worse made free. He imposed on them ; appealed to their pa.ssions; made still. Ourneighbors, the poor Mexicans, have beenatwaramong them- them believe he was their friend and had been sent as their protect- selvesfrom their earliest history, and have no stable government yet; or. He organized them against the white ·people; made them be- whileEngland had her war of the Roses, Charles, and Cromwell, and lieve their old masters wanted to re-ensln.ve them, and thus be soon others; and so with all Europe. Then are we, the descendants of these drew a line broad and deep between the white and colored races. The very people, to claim an exemption from the infirmities and frailties result was he was elected to office where he could oppress the whites of our ancestors! This is the centennia.l year of our Declaration that and :fill his pockets with the money of the people be was thus out- we would fight our own people and our own government and be raging. A distinguished Virginian once said his political party knew free from our mother country, whose language we spoke and under ea{}h other by the instincts of gentlemen. These carpet-baggers knew whose laws we lived, and all the world are called on to join us in each other by the reverse. They formed rings and combined together that celebration. Wars do come and will come, as I said before, to steal, rob, and cheat the people. By the means I have"Stated, while man continues in his present wicked state, and they are more they procured themselves to be elected +-,o the Legislatures of the sev- the result of the inexorable logic of events than of reason, law, or eral States and to the offices of governor, and in fact :filled evecy justice. Then it is not strange that we should have had a war among office of some of the States, from constable to governor. Thus in ourselves, with or without cause. All history shows they do occur, power, what was next to be done! They issued the bonds of t,he and in our case history wa.s but repeating it.self. Therefore we have States in due form of law and put them on the market. They were but to think in order to forgive and forget. "To err is human; sold without regard to price and the money put into the pockets of to forgive, divine." the ring. With their pockets thus :filled many of them have left the I am not here on behalf of my State or my section on bended knee with country or fled, fearing that a prosecution sooner or later might fol- uplifted hands to cry "Peccavi, peccavi." A .brave and magnanimous low. victor will not demand it; a proud and chivalrous eople would Rot Another great cause of grievance wa.s practiced by this set on our do it if demanded. But I am here to brand aa false and without the people. Your internal-revenue laws were passed during the war and shadow of foundation the charge against our people of disloyalty to our people by possibility could have no definite knowledge about the Government of the United States, and the fhrther charges of mur- them. These creatures could be seen sneaking and mousing about der, arson, and banishment for opinion's sake. Sir, I say it, because every house where ardent spirits or tobacco was kept. The citizens the facts justify it, that for good order, quiet, and dignified acquies- were arrested by hundreds, dragged from their weeping families at cence in the results of the war the world's history presents no parallel night and carried off many miles from home and thrust in prison. to the conduct of the South. When her great. commander ordered the Others, their confederates, were then called in. The fears of the un- sword to the scabbard, each of his brave men who had followed him fortunate prisoners were wrought on, and at the proper time he was t hrongh the four years of the trials and vicissitudes of war with heavy informed he could be released by pa,y ing such or such a sum and the heart but manly tread wended his way to his home and at once re- costs. Thi.s sum was geJl.erally all the money he had or could procure sumed the ordinary avocations of a good citizen. No gun was fired, through the intervention of friends. Thus robbed, he felt himself no straggling Union soldier wa-s molested, but the sick who hn.d been fortunate in getting off so well. left behind were nursed by our people and we gave fr~ely to them of the Mr. Speaker, these men were sent there without apology, for there scanty substance left. For months after that memorable event we were intelligent native republicans enough in every State of tho had no government, not even a conservator of the peace, yet quiet and South who could have discharged the duties of these offices, who good order prevailed and the rights of persons a.nd of property were as would have respected the rights and have appreciated the feelings ot much respected as they are here to-day. Then came the army of occu- our people, and thus have preserved good order and good feeling be- pation and in its wake that disturber of the public peace, the carpet- tween the races. bagger. But, Mr. Speaker there have been some disturbances in the South, Senator MORTON in his speech seeks to create the impression-in and I am free to confess it. Let us see where they were and who fact he says so-that northern men are not treated with respect in were the prime movers and cause of those troubles. They were in the South and that all are called carpet-baggers. This assertion is on Louisiana, Mississippi, and Arkansas. What produced the disturb- a par with the others and is equally unjust. Here again Y<'U have ance in Louisiana.! It was a quarrel between two carpet-bag fac- but to think a. moment to see the fallacy of this. You must give the tions, Warmoth and Kellogg, both from the State of Illinois. They people of the South credit at least for knowing their own interest. quarreled about the offices and the spoils of office until they got the Property is always jealous and watchful Therefore you will see that whole State in turmoil: It culminated when McEnery, democrat, was our people would from necessity invit-e immigration. In fact, most elected governor by about twelve thousand majority over Kellogg, of our States have established boards of immigration and invite peo- with a democratic Legislature. This Illinoisan could not afford to ple from all parts of the country. We have more lands than we cau see the scepter depart from his bands, and by the aid of an illegal cultivate. Our bills and mountains are inexhaustible beds of iron, board and sustained by the military he was installed governor over copper, lead, coa.l, &c., which sleep undisturbed for the want of labor the beads of an unwilling people. The Legislature met; it was dem- and capital. Those who are willing to aid us in developing these re- ocratic. A file of United States soldiers marched into the hall and sources we invite to our States, and when they come they are received ousted five. democrats and gave the majority to the other side. The with warm hearts and open arms and take the social position to which whole country became alarmed, and a committee was raised by Con- their intelligence and character entitle them, irrespective of party gress to look into and report on Louisiana affairs. That committee politics, without regard to their position during the war. All who appointed a subcommittee of three, of which Hon. CHARLES FOSTER, have labor or capital to invest we have invited, and to a.ll such here of Ohio, a republican, was chairman. It was composed of two re- to-day, in the name of our State, I extend a cordial and hearty invi- publicans and one democrat. They went to New Orleans, visited tn.tion with the positive assurance that t.hey will be received with the hall, took testimony, and unanimously reported that the demo- that warm-hearted old Virginia. hospitality for which I flatter myself crats were legally elected and that they were turned out by force. she is so distinguished. And to-day Kellogg illegally holds the office of governor of Louisiana; Gentlemen of this character who come among ns are elected or ap- and the people, in the interest of peace and society, quietly su brnit to pointed to office by the conservatives according to their merit, just as this iniquitous outrage. Would the people of the North submit so if they had been born and reared in our midst. To illustrate, in my quietly under like circumstances f Yet the people of Louisiana sub- own county a gentleman fresh from Pennsylvania was selected as mit in silent grief, and in addition are called cut-throats, murvernment. constitutional grant. It is to a usurpation that demands as a 1"igl!t On the 18th day of Jan nary la.st they proposed a.n amendment to that 'Which ha8 been peNnitted a.<; matter of comity and convenience, and the rules. Mr. Cox, from the Committee on Rules, reported the fol- for the purpose of presenting the subject in its true light I have lowing amendm~p.t: thus traced the conventional history of the power claimed. That Rule No. 120 be so amended that all after the word "progress" be stricken out and there be added thefollowin~: •· Nor shall any provision in any such bill or LEGISLATION ON MONEY BILLS. amendment thereto' changing existing law be in ordet· except such as, being ger- But, Mr. Speaker, granting the clause in the Constitution, as a mat- mane to the subject-matter of the bill, shall retrench eXpenditure." ter of argument, to reach to the extent claimed by the gentleman, This amendment was adopted on the day it was introduced by a. have we not seen during this session of Congress, and are we not now vote of 156 ayes to 102 nays ; nearly a party vote. It wa~ introduced 1876. CONGRESSIONAL RECORD-HOUSE. 4771 under the plea of being an amendment to the rule in favor of "re- pily has been waived by the committee in their report, was purely a par- trenchment and reform;" but it was claimed then that its effect would tisan measure, intended to open the door to the old systems of frauds be to scoop all legislation into the Committee on Appropriations and to that prevailed in elections throughout the nation, and particularly override the duties of other committees of the House; and the actual in the State of New York, where in 1868 the grossest frauds prevailed working of the amendment has proved the truth of the assertion. in the elections and believed to be sanctioned and indorsed by the Under it the Committee on Appropriations have succeeded in bringing prominent democrats of that State, one of whom is now the candi- in with their bills very important amendments to our general laws. date for President of the United States of the democratic party, and In the post-office appropriation bill they have changed nearly all who was at that time chairman of the democratic State committee, the laws regulating compensation for mail service and salaries of and a.a such issued the following circular addressed to his partisan postmasters and route-agents. friends throughout the State : In the Army appropriation bill they have changed the laws regu- [Private and strictly confidential.) lating the pay and allowances of the officers of the Army, changed RoOMS OF DEMOCRATIC STATE COMMI'l'TEE, the tenure of office of chaplain, reduced the Army from ten regiments October 27, 1868. of cavalry-to eight, b:om :five regiments of artillery and twenty-five MY DEAR Sm: Please at once to communicate with some reliable person, in three of infantry to twenty of both, and repealed the law provid.ipg for two or four principal towns and in each city of your county, and request him (expenses colored regiments of cavalry and two of infantry, and prohibited new at duly an-anged for a.t this end) to telegraph to William M. Tweed, Tammany Hall, the minute of closing the polls, not waiting for the count, such person's estimate enl~tments until the Army shall be reduced to twenty-two thousand of the vote. Let the telegraph be as follows: men. The :first eight sections of the bill assuming to be a bill pro- "This town will show a. democratic gain (or loss) over last vear of (number); or viding for appropriations for the Army is entirely new legislation, this one, if sufficiently certain: This town will give a republican (or democratic) and provides for an entire re-organization of the Army. majority of - . " Thf.re is, of course, an important object to be attained by a simultaneous transmission The naval bill changes the laws so as tQ reduce the number of the at the hour of closing the polls, bu~ not lo!'[Jer waiting. Opportunity can be taken of force from eighty-five hundred to seventy-five hundred men. the usual half. hour lull m the telegraphic communication over lines before actual The Indian bill changes the law that has existed for many years in results begin to be declared, and before the Associated Press absorb the telegraph with returns and interfere with individual mesa&ges, and give orders to watch care- reference to the Indian Department, and transfers it from the Depart- folly the count. ment of the Interior to the War Department. Very truly, yours, The bill providing appropriations for the legislative, executive, and SAMUEL J. TILDEN, Ohairman. judicial departments changes all laws fixing salaries and all laws Horace Greeley, candidate of the same -party for President of the regulating the number of clerks employed in the different Depart- United States at the last presidential election, in 1869, when the full ments of the Government at Washington. extent of the scoundrelism of the election of 1868 became known, ad- The sundry civil bill repealed the law providing for~ Government dressed an open letter to the present candidate for President of the Printer and the mode prescribed for printing debates and proceedings same party, in which he accused him of wholesale ballot-box stuffing, of Congress; repealed all the provisions of title 26 of the Revised and went on to say: Statutes in relation to the registration of voters and appointment of On t.he principle that the receiver is as bad as the thief you are as deeply impli- supervisors of elections and special deputy marshals, and touching the cated in this matter to-day as though your name were Tweed, O'Brien, or Oakey supervision of elections. Hall. . The diplomatic bill changes the laws in reference to our diplomatic Speaking of the votes of some of the lower wards of the city of and consular service and reduces the salaries. New York, be says: These are some of the many amendments proposed to be made to general laws of the Government on appropriation· bills under the quite And though our city has largely increased its population, the lower wards were as populous then (1840) as they are to-day, several of them more so. * * * amendment of the 'rule to which I have referred. Now. look at the vote of four of these wards in 1840 and 1868, respectively: The effect of this amendment to the rule ha.a been to place in the bands of the majority far greater power over the minority of the President, 1840. Governor, 1868. House than the amendment made during the last session of Congre88 ; it has, in fact, given the majority of the House the absolute control Wards. I of the Honse itself, and placed in the hands of the Committee on .A.p- propriations the practical, general power of legislation, if the system inaugurated could be carried out, by compelling the Senate to adopt Harrison. I Van Buren. Republican. Democrat. 2, ---- their legislation. Four wards ..• -..... --.. 4, 793 5, 521 840 20, 283 Let us compare the two rules and see the-ir practical working. The _ _ _ _ _ _ _ _ ...!....__ _ __ _ :_ _ _ __ L_ _ _ _~---- amendment to the rule of the House of last Congress waa intended Van Buren's majority, 726; Hoffman's majority, 17,443. . to prevent and could only prevent that unlimited :filibustering which Mr. Tilden, you know what this contrast attests. Right well do you oompre- would defeat legislation. It did not, however, prevent :filibustering hend the means whereby the vote of 1868 was tnus swelled out of all proportions. There are not 12,000 legal voters living in those wards to-day, though they gave to any reasonable extent. It reached that which wa.a more a con- Hoffman 17,443 majority. struction of the rule than the rule itself, which allowed a motion to And this same democratic chairman of 1868 for the State of New adjourn to be followed by a motion to :fix the day to which the House should adjourn in endless succession; whereas, strictly, the motion York is to-day the reform candidate of the democratic party for the to adjourn, having been the last question voted upon, was not again Presidency of the United States. Is this the lwnest man for whose inorder,butaconstructionhadmadeitinorder. Anditwastoover- election the gentleman from New York so earnestly appealed the come that; and that was the full .force, purport, and object of the other day, when he said: rule as amended. Bot the amendment of this session gives the House Oor hope is in their ballots to be given in November next for the election of an the power by an amendment to a general law attached to an appro- honest man, now governor of the State of New York-Samuel J. Tilden~ priation bill by the vote of the majority only to cut off all debate at And was it thought necessary to repeal this law that the ballots may any time and force its immediate passage; so that it practically over- be counted for this konest man f rides the power of the minority in the House completely and abso- This " honest Samuel J. Tilden ! " This reformer Tilden I The head lutely. It not only does that, but it goes to the Senate and demands and front of that "noble army of martyrs" or reformers-and re- tbat the Senate shall concede to the House the view of the majority formers are always supposed to be martyrs-that during the present of the House in reference to any subject-matter of legislation which se~ion of Congress have so bitterly denounced the use of money at may be included in their appropriation bills, and tends as directly to elections, could in 1868 have "expenses duly arranged at this end." destroy the equilibrium of the Constitution as similar action in the Where wa.s the money to come from f Were there officials of every British House of Commons tended "to destroy the equilibrium of the kind to be made to come down with the stamps T Did the worthy British constitution." - chairman thrust his hands into his own trerumry and cut off a coupon Butitisclaimedthattheseamendmentsareonlyincaseswberethey here and there from his railroad and other bonds to meettheex- reduced expenditures. But nearly every law that i.s made to protect penses "at this endY" It appears from his own testimony taken in a right will cost money to enforce it. In the language of Gouverneur the case of The People vs. Tweed that he had been slightly ac- Morris before cited, "Every law directly or indirectly takes mo~y quainted with one William lt£. Tweed since 1864, and that Tweed had out of the pockets of the people," and therefore it could be claimed" to ~rown wondrous stron~ in the democratic party by 1868. Commenc- reduce expenditures to repeal it. We can see the effect of it by the rng his public career m 1864 as deputy street commissioner, he had different amendments that they have made to the general laws. },or slightly made the acquaintance of tbe "reformer" Tilden, and in instance, the transfer of the Indian Bureau from the Interior Depart- 1868 or 1869 he bad become a great political power, with a large number meut, where it has been since 1832, to the War Department; a trans· of adherents and a very large circle of supporters, having the control fer that is repugnant to the minds of a very large minority in the of Tammany Hall for a number of years prior to 1871. He was tbe House and to a majority of the Senate, as expressed by its vote upon right-hand man of this democratic chairman in 1868; yes, as early as that subject. But they say to the Senate and say to the House that 1866 the slight acquaintance had ripened ; and whether Tweed was an unless you pass this bill with the transfer of the Indians to the War adherent and supporter of Tilden, or Tilden an adherent and sup- Department your supplies will be cut off for the Indians, ari<;I your port.er of Tweed, the evidence does not inform us. Government treaties cannot be performed or its obligations main- But it is claimed, as a 1·elief to Tilden for his intimacy with Tweed, tained. that Washington bad been intimate with Benedict Arnold. That is Again, the amendment in reference to the election laws, the repeal true, and Arriold had been a true, brave, and faithful soldier; but he of title 26 of the Revised Statutes, in relation to the registration of fell. Washington did not associate with him after his fall. Unfor- voters and appointment of supervisors of elections, &c., which hap- tunately for the parallel in Tilden's case, Tweed was a poor un- 4772 CONGRESSIONAL RECORD-HOUSE. JULY 20, known man, a deputy street commissioner, when Tilden first made his upon an appropriation bill without objection which affected the gen- acquaintance, and from that acquaintance, made ln 1864, Tweed began eral laws, and was damaging to the interests of the country. to grow, and such rapid growth never was known since Jonah's gourd. The Committee on Appropriations themselves, in self-protection, He grew rich, immensely rich, as no honest man could grow. He grew should repel all efforts at legislation upon their bills, for it leads at powerful, wonderfully powerful. Politically, be became the great mo- once into difficulty. The appropriation bills are usually settled, par- gul of Tammany. In two years he had become a man of great influ- ticularly during the short session of Congress, in committees of con- ence. In four years he became the Boss of the democratic party in ference. It is the legislation of half a dozen men of both Houses. the city and State of New York. Tilden knew him all this while. Their action is never fully understood by either House, and law vir- He saw this growth. Did he not wonder at it 7 Did he not inquire tually becomes the will of the half dozen men, the conferees of the of himself, if not of others, "On what meat doth this our Cresar feed!" two Houses, instead of the deliberate action of both Houses. No Was it intended to force the repeal of the supervisory election law general law should be subject to such control. through the Senate in order t}J.at unlimited frauds may prevail at the . In conclusion, I repeat that the House of Representatives has no coming election and this .democratic 1'eforrtt candidate for President greater right under the Constitution to originate appropriation bills be counted in, as Hoffman, the democratic candidate for governor of than the Senate; that to acknowledge the exclusive right would en- New York in 1868, was counted in T dan~er the equilibrium of our Constitution by destroying the delib- It is not my purpose, however, to discuss the proposed legislation erative power of the Senate, and in the end subvert the Government. in these various appropriation bills, but the rather to look at the prin- The dead lock of to-day should be an admonition for the future to ciples involved in the rule itself. avoid seeking to enforce legislation by supplies. The worst feature of this proposition exists in the fact that it seeks Mr. RANDALL. I demand the previous question. to enforce upon the Senate the peculiar theories of the House in The previous question was seconded and the main question ordered; reference to general legislation. The language of Mr. Wilson in the and under the operation thereof the conference report was adopted. constitutional convention on this subject I will again repeat: Mr. RANDALL moved to reconsider the vote by which the confer- The Honse of Re:()resentatives will insert other things in money bills, and by ence report was adopted; and also moved that the motion to recon· making them conditions of each other destroy the deliberate liberty of the Senate. sider be laid on the table. It would seem to be prophetic of the situation to-day. What is in The latter motion was agreed to. fact the proposition that we have had before us except that if the Sen- JOINT COMl\II'ITEE ON CHIYESE I.Ml\UGRATION. ate does not conform to the wishes of the House, not in reference to the Mr. RANDALL, from the Committee on Appropriations, reported a amount to be appropriated for any given purpose, but in reference to the bill (H. R. No. 3927) making appropriations to defray the expenses of laws which regulate such appropriations and in reference to the laws the Joint Select Committee to Investigate Chinese Immigration; in regard to which such appropriations are to be made-laws that had which was read a first and second time. required the several action of each House of Congress and the Execu- The bill appropriates the sum of 7,000, or so much thereof as may tive-that the money will not be supplied to carry on the Government 7 be necessary, out oi. any money in the Treasury not otherwise appro- The necessity for the independent action of the two Houses of Con- priated, to defray the expenses of the investigation into Chinese im- gress is essential to the preservation of our system. If the Senate migration by the joint select committee appointed for that purpose, can be forced to act with the House both Houses then become but one one-half of said sum to be paid into the contingent fun4 of the Sen- deliberative body, and we practically have but one legisl:i.tive body, ate and one.-half into the contingent fund of the House of Representa- instead of two, to protect the rights of the people. tives. Over one hundred years ago, in 1775, John Adams, in expressing his Mr. RANDALL. I call for the previous question. thoughts on the kind of government that this country should have, The previous question was seconded and the main question ordered ; laid down this proposition : and under the operation thereof the bill wa-s ordered to be engrossed That, if the legislative power is wholly in one assembly and the executive in an. and read a third time; and being engrossed, it was accordingly read other or in a single person, these two powers will oppose and encroach upon each the third time, and passed. · other until the contest shall end in war and the whole power, legislative and exec- 1\Ir. RANDALL moved to reconsider the vote by which the bill was utive, be usurped by the strongest. The judicial power in such oase could not mediate or hold the balance between the two contending powers, beoa.use the legis· passed ; and also moved that the motion to reconsider be laid on the lati ve would undermine it. table. In 1778, in his conclusions in regard to government, after having The latter motion was agreed to. shown by analogy and comparison with all the republican forms of TEMiPORARY PROVISION FOR EXPENDITURES OF THE GOVERNMENT. government, both ancient and modern, that had up to that time ex- Mr. RANDALL, from the Committee on Appropriations, reported a isted, of which history gave any knowledge, the absolute necessity bill (H. R. No. 3928) t-o continue the provisions of an act entitled "An for checks and balances, or in fact a tripartite form.of government act to provide temporarily for the expenditures of the Government;" where the power should·1·est in two legislative bodies and the execu- which was read a first and second time. tive, says: The bill extends and continues in full force and effect until and In the present state of society and manners in America, with a people living including the 31st day of July, lb76, the provisions of an act entitled chiefly by agriculture, in small numbers, sprinkled over large tracts of land, they ''.A.n act to continue the provisions of an act entitled '.A.n act to pro- are not subjeot to those panios and tranaports, those contagions of madness and folly which are seen in countries where large numbers live in small places in vide temporarily for the expenditures of the Government, approved daily fear of perishing for want. We know, therefore, that the people can live June 30, 1876' approved Jnly 10, 1876." and increase under almost any kind of ~overnment or without any government at Mr. RANDlLL. ln connection with this bill I desire to express :ill; but it is of great importance to begm welL Mi.sarrangements now made will the belief individually that this will be all that will be necessary have great, extensive, and distant consequences, and we are now employed, how in the way of extending this temporary act pending the action of little soever we may think of it, in making establishment-a which will affect the happiness of a hundred millions of inhabitants at a time in a period not very dis· Congress on the appropriation bills. I believe that perhaps a con- tant. .All nations under all ~overnments must have parties. The great secret is clusion ou the appllOpriation bills could be reached prior to the day to control them. There are but two ways, either by a. monarchy and standing here n:mJ.ed but for the fact that the Senate is now engaged in the army or by a balance in the constitution. Where the people have a voice and there is no bal.ailce there will be everlasting fluctuations, revolutions, and horrors, until impeachment trial, and will require some days after that trial is con- a standing army, with a general at its head, commands the peaee, or the necessity cluded to take up and consider the reports on the appropriation bills of an equilibrium 1s made appear to all and is adopted by all. (Works of John now in committees of conference; and there is also the river and har- Adams, pages 587-8.) bor bill, which is still under discussion in the Senate. · The necessity for checks in our Government and for the full preser- The bill was ordered to be engrossed and read a third time; ancl vation of the right and power of each department of it, I apprehend being engrossed, it was accordingly read the third time, and pa.ssed. no one at all conversant with our form of Government will deny. Mr. RANDALL moved to reconsider the vote by which the bill wa-s Every- act that tends in any degree to overthrow them should be re- ,Passed; and also moved that the motion to reconsider be laid on the jected. The fact that legislation is attached to an appropriation bill table. is in and of itself a practical ·threat to not only the other branch of The latter motion was agreed to. the Legislature, but to the Executive. If the Senate should be in full :MESSAGE FROM THE SENATE. accord with the Honse upon the question under consideration and with reference to the legislation which the House proposes, to place such .A. message from the Senate, by Mr. SYMPSON, one of their rlerks, in- legislation upon an appropria1olon bill is practically saying to the Ex- formed the House that the Senate had passed a bill (S. No. 999) to ecutive that if you exercise your powe.r, your negative here, we will continue the provisions of an act entitled '"'.A.n act to p,rovide tempo- take away from you the supplies which are es ential to carry on the rari}y for the expenditures of the Government, &c. ; ' in which the Government. So that is not only a threat upon the Senate, but also concurrence of the House was requested. a compulsory power upon the President himself, and as a mode of legis- RESERVATION OF THE OTOE AND 1\USSOURIA INDIANS, lating it is revolutionary in its nature and antagonistic to the princi- Mr. PHILLIPS, of Kansa-s. I present the report of a committee of ples of our Government. But it is not only true that as a mode of conference. legisl:Lting it is subject to these objections, but in its practical work- The Clerk read as follows: ings it ha-s proved itself always to be the most objectionable mode of The committee of conference on the disa!mleing votes of the two Houses upon enactment of law. · the bill (8. No. 77!J) to proYide for the sale of the reservation of the confederated "\Ve cannot forget that wit.h an appropriation bill was earned Otoe and Mi.ssonria Indians in the States of Kansas and Nebraska, after a full and through the odious legislation of the Forty-second Congress. The Houses free conference have agreed to recommend, and do recommend, to their respective aa.follows: back-salary bill was, in fact, the appropriation bill. .A.nd in the last That the House recede from its first amendment. Congress, in the last hours of the session, an amendment was made That the Senate concur in the second amendment of the Honse. 1876. CONGRESSIONAL RECORD-ROUSE. 4773 That the House recede from its amendment striking out all aft~r the words The question was put on agreeing to the report of the committee per annum," in line 3, section 4; and that the Senate agree to the amendment of of conference; and on a division there were-ayes 63, noes 42; no the Hou8e adding the words after said section, "which mcome shall be expended quornm voting. for the benefit. of said tribes, under direction of the Secretary of the Interior," with the following amendment: Add after the word "Interior" the following Tellers wer~ ordered; and Mr. PmLLIPs, of Kansas, &nd Mr. BLll.'D were appointed. words: "Provided, That said Indians shall not be located in the Indian Territory east of the ninety-sixth de~ of longitude." · The House again divided; and the tellers reported-ayes 66, noes 84. That the ~nate concur m the amendment of the House adding section 7 to the bill. So the report of the committee of conference was not agreed to. That the Senate concur in the amendment to the. title suggested by the House MESSAGE FROM THE SE...~ATE. with an amendment, as follows: Strike out the words "a. portion of," before "the •1 in line 1, and insert the same words before the words "the confederated," in the A message from the Senate, by Mr. SYMPSON, one of their clerks, an- second line of the title. nounced that the Senate had passed a bill (S. No. 1000) to continue W. A. PHILLIPS, the public printing, in which he was directed to ask the concurrence W. W. WILSHIRE, Managers on the part of the House. of the House. JOHN J. INGALLS, VETO MESSAGE-NELSON TIFFANY. A. S. PADDOCK, Mr. BANNING. I rise to a question of privilege. I desire to sub- M. W. RANSOM, mit from the Committee on Military Affairs a report upon the veto Manage:ra on the part of the &nate. message of the Presifl.ent on the bill (H. R. No. 1337) for the relief of Mr. PHILLIPS, of Kansas. I yield to the gentleman from Mis- Nelson Tiffany. souri, [Mr. MORGAN.] The SPEAKER pro tempore. The Clerk will first read the bill. Mr. MORGAN. AB one of the conferees on the part of the House The Clerk read the bill, as follows : I desire to state briefly my reasons for declining to sign the report. That the Secretary of War is hereby authorized and directed to remove the The bill-provides for the sale of an Indian reservation lying in Kan- charge of desertion from Nelson Tiffany, late a private in Company H, Twenty. sas and Nebraska and for the removal of the Indians to the Indian fifth Massachusetts Volunteers, and grant said Ti.ftimy an honorable discharge. Territory. The amendment made by the House struck from the bill The SPEAKER 1J"ro tempore. The veto message of the President the provision for the removal of the Indians to the Indian Territory will now be read. · and provided for the sale of a part only of the reservation. Upon The Clerk read as follows : this we had onr conference. To the HotUie of Representatives: Now, I am utterly opposed to the fnrtherremoval of Indians to the For the reasons set forth in the acccmpanymg report of the Secretary of War, I Indian Territory, especially where, as in this case, they are settled have the bonor to return herewith without my approval House bill No. 1337, enti· upon a reservation and living· there peaceably and quietly. I think tled "An act for the relief of Nelson Tiffany." U. S. GRANT. it a great injustice to the Indians; and I believe that the provision EXECUTIVE MANS10N July 11, 1876. 1 requiring the consent of the Indians to the removal has but little significance. We all understand how easily the consent of these In- WAR DEPARTMENT, dians is obtained and by what means. I also consider it a great in- lVCLShington Oity, June 7, 1876. justice to the people of the adjoining States, who are opposed to the fany. Sm: I have the honor to return House bill 1337, for the relief of Nelson Tif- settling up of that country with an idle, worthless population. For The Adjutant-General, to whom the bill was referred, reports as follows: these reasons I declined to sign the report. "Nelson Tiffany, private Company A, Twenty-fifth Massachusetts Volunteers, Mr. PHILLIPS, of Kansas. I wish to ask the gentleman from Mis- desertoo October 10, 1864, and remained absent until April 25, 1865, when be sur- souri [.Mr. MoRGAN] if he has any objection to the report of the com- rendered under the President's proclamation, thereby acknow ledgin~ his desertion. "If this bill becomes a law, it will not only falsify the records of this Department mittee of conference except on the single ground that he is opposed but will be an injustice to every man who served honorably during the wa.r of the to the removal of the Indians. · rebellion." Mr. MORGAN. I will say in reply to the gentleman's question that I inclose the report (No. 402} of the Senate Committee on Military Affairs in the the bill is carefully drawn and that the provisions in regard to the case. Very respectfully, your obedient servant, sale of lands and the protection of the rights of the Indians meet J. D. CAMEROX, with my approval. I have no objection to the bill except as regards Ser:retary of War. the removal of the Indians to the Indian Tenitory; and I have stated The PRESID:Eh"T. my reaaons for that objection. Mr. BLAND rose. In the Senat~ of the United States May 1, 1876.-Read twice and referred to the Mr. PHILLIPS, of Kansas. Have I the :floor 7 Committee on Military Affairs. The SPEAKER pro tumVed from wounds received in the war. The committee believe from all the evidence in the case, that Nelson Tiffany never intended to desert, and they be signed by the Speaker p1·o tentpo-re in the presence of the House in ree.ommend the passage of the accompanying bill. order that it may be sent to the President to-day for his signature. Mr. BANNING. I think I can satisfy the gentleman from Ohio, Mr. BANKS. I will withdraw the motion to adjourn. [Mr. GARFIELD]- Mr. RANDALL. If the House does not desire to go on with other Mr. FORT. Let the bill go over. business at this time, I would suggest a recess of half an hour. Mr. GARFIELD. Let it go over until to-morrow. Mr. DUNNELL. I ask unanimous consent to submit a report at Mr. BANNING. Wait a moment. The soldier has an honorable this time. discharge-- Mr. SAMPSON. I rise to make a privileged report. . On the lOth Mr. TOWNSEND, of New York. Pass the bill now. of this month, on the motion of the gentleman from New York, [Mr. Mr. BANNING. Yes, pass it now. The soldier has an honorable Cox,] Senate bill No. 846 was referred to the Committee on Patents discharge, and the report shows that he is now dying from woundB with leave to report at any time. I am instructed by the committee received in the service. I think the bill should be passed. to report the bill ba-ck with amendments, and to recommend its pas- Mr. CONGER. There are many cases of like character where this sage. . Congress ha-s refused to remove the charge of desertion. There are Mr. GARFIELD. Is that the trade-mark bill' many bills of the same kind lying upon our tables. · Mr. SAMPSON. It is. , Mr. FORT. Hundreds of them. Mr. HANCOCK. I desire to call up at this time the motion to re- Mr. CONGER. Let the gentleman introduce a general bill remov- consider the vote by which the bill (H. R. No. 39'25) relating to the ing the charge of desertion, and then these individual bills will not production of fruit brandy and to punish frauds connected with the be vetoed. same was referred to the Committee of Ways and Means. 1876. CONGRESSIONAL RECORD-HOUSE. 4775 The SPEAKER pro tentpm·e. The two questions are of equal priv- Nearly four hundred of the leading manufacturers, merchants, and ilege, in the opinion of the Chair. dealers of New York, Boston, ancl Philadelphia have petitioned Con- MESSAGE FRO.M: THE SENATE. gress very earnestly at this session to enact such a law as that con- tained in this Senate bill; and they state their reasons in this forcible A messa(J'e from the Senate, by Mr. SYMPSON, one of their clerks, language: informed the House that the Senate bad passed without amendment The use of trade-marks on every species of merchandise and manufactures, both a bill of t.he following title : foreign and domestic, has greatl1'iocreased with the expansion of modern trade and A bill (H. R. No. 3928) to continue the provisions of an act to pro- commerce, and baa become a pawerfnl interest throughout the United States of vide temporarily for the expenditures of the Government. America. The nefarions but lucrative business of pirating or counterfeiting genuine trj.de- Al>JOUR...~ FROM FRIUAY TILL MONDAY. mark goods has too long flourished unchecked to the incalcnlable injury of ~ery Mr. SPRINGER. I rise to a question of the highest privilege. I consumer, of every honest merchant, manufacturer, and trader, and haB extensively move that when the House shall adjourn to-morrow it stand adjourned -multiplied costly and tedious litigation. No United States statute ;y:et exists providing penal remedies to punish the coun- uutil Mondav next. terfeiting of trade. mark goods or the sale or dealing in of the same. The evils and Mr. GARFIELD. That is right. injuries to long-suffering commercial and manufacturing interests consequent upon Several MEMBERS. O, no. · this omission imperatively demand prompt relief and a speedy application of search- ing remedies. :Mr. HOLMAN. I trust this motion will not be agreed to. We therefore respectfully petition for relief, and request that Senate bill No. 846, Mr. Bu"'RCHARD, of Illinois. Is the motion in order Y introduced into the~enate'on the 18th of MayJ 1876, entitled "A bill to punish the The question being taken, the motion was not agreed to; there be- counterfeitinp: of trade-mark goods and the saJ.e or dealing in of counterfeit trade- ing-ayes 50, noes 82. mark goods,' may be made law at this session of Congress. ORDER OF BUSINESS. A word in relation to the amendments proposed by the committee. The SPEAKER pro f{Mpore. The gentleman from Iowa [Mr. SAMP- They are seven in number, but are solely for the purpose of accom- so~] and the gentleman from Texas [Mr. HANcocK] have each risen plishing the following objects: for the purpose of calling up a motion to reconsider. First. To render it certain that no one shall be convicted of crime Mr. SAMPSON. .M.ine is not a motion to reconsider. or punished under this proposed statute for having any connection The SPEAKER pro tempo·re. This necessarily raises the question with fraudulent trade-marks, unless such connection was willful and of consideration as between the two matters of business. As that of with intent to defraud, and to throw the burden of proof of this fact the gentleman from Iowa is prior in time, the Chair will first put the on the state. question upon that. Will the House now reconsider the vote by Second. To so shape the law ~hat all money paid by defendants by which the bill was recommitted f way of penalty should go into the Treasury as fines in other cases, Mr. COX. I rise to a question of order. The gentleman from Iowa and not go to the informer or the owner of the trade-mark. The owner has not risen to call up a motion to reconsider. As a member of the is provided for now by the civil action for damages. Committee on Patents, be rose to make a report which the committee Thiid. To limit the punishment to :fiue and imprisonment; and not had been authorized to make at any time. allow it .t o extend to forfeitures of goods also. Mr. SAMPSON. A report on the bill relative to counterfeiting These are th~ only amendments made by the committee. I will trade-marks. yield to the gentleman from Michigan to offer one or two additional The SPEAKER pro tempore. Then the gentleman from Iowa mis- amendments in the same line to perfect the bill, and will then de· st.ated his case to the Chair. mand the previous question. Mr. SAMPSON. I stated it correctly; but there was a misunder- Mr. CONGER. I offer three amendments to different places in the standing. bill, which I will ask the Clerk to read. They are iu the same line The SPEAKER p-ro U7npore. If the committee has been authorized as those reported from the Committee on Patents. to report upon this subject at any time, the gentleman from Iowa is The Clerk read as follows: clearly entitled to the floor. 1. Insert in line 7, section 9, after the word "person," the words "with intent to nse the same for the purpose of deception and fraud." ORDER OF BUSINESS. 2. In line 15, same section. aft~r the word "person," insert the words "with in- Mr. BLAND. I move that when the House adjourns to-day it ad- tent to use the same for the purpose of deception and fraud." 3. In line 34, in the same section, after the word •• use," insert the words "by the journ to meet on Saturday next. holder or owner." The motion was not agreed to. Mr. SAMPSON. I am willing to agree to those amendments. I Mr. JONES, of Kentucky. I move that the House now adjourn. demand the previous question. Mr. COX. If the House should now adjourn, Mr. Speaker, will not The previous question was seconded and the main question ordered. the bill of the gentleman from Iowa come up first in the morning as Mr. CONGER's amendments to the amendment were agreed to ; and unfinished business f then the amendments of the committee, a..s amended, were concurred Mr. RANDALL. If the House adjourns now, the bill tetnporarily in. extending appropriations for the support of the Government will not The bill, as amended, was ordered to a third reading; and it was ac- become a law to-day. A few minutes will obviate that difficulty. cordingly read the third time, and passed. Mr. JONES, of Kentucky. Then I withdraw the motion to adjourn. Mr. SAMPSON moved to reconsider the vote by which the bill, as COUNTERFEITL.~G TRADE-MARKS. amended, was passed ; and also moved that the motion to reconsider Mr. SAMPSON, fro:Ql the Committee on Patents, reported back, with be laid on the table. amendments, the bill (S. No. 846) to punish the counterfeiting of The latter motion was agreed to. trade-mark goods and the sale or dealing in of counterfeit tmde- CONTINUANCE OF PUB.L IC PRINTING. mark goods. Mr. RANDALL. I now call up Senate bill (S. No. 100(}) to continue The amendments reported by the committee were read, as follows: the public printing, and move that it be put upon its passage. In line 3, section 1, strike out the words "have in his possession or," and im~ert The bill was read a first and second time. after the word "shall," in the same line, the words "with intent to defraud." Strike out all aft~r the word "be," in line 11, section 1, and insert "punished by It authorizes the Congressional Printer to continue the work re- fine not exceeding ~1,000, or imprisonment not more than two years, or both such quired by law in advance of appropriations to be hereafter made, and fine and·imprisonment." provides that this act shall continue in force ten days. Strike out all of section 6. Mr. RANDALL. 'This is necessary, although the money is appro- In line 2, section 7, strike out "or to aid in defrauding or injuring." Strike out all of section 8. priated iu the sundry civil appropriation bill, as there is a probability Strike out all after the word "be," in line 4, section 10, and insert the words of that bi11 not reaching the President to-night. As a necessary pre- "punished by fine not exceeding $500, or imprisonment not more than one year, or caution, I ask that the bill be put upon its passage. bOth such fine and imp.risonment." The bill was ordered to a third reading, and was accordingly read Strike out all of section 11. - the third time, and passed. Mr. SAMPSON. Mr. Speaker, it will only be necessary to detain Mr. RANDALL moved to reconsider the vote by which the bill was the House for a moment or two in explanation of this bill. passed; and also moved that the motion to reconsider be laid on the It is generally conceded that there is not at present sufficient table. protection to trade-marks. The public generally, the honest manu- The latter motion was agreed to. facturers and honest dealers throughout the country are being con- ENROLLED BILL. stantly swindled by counterfeit trade-marks. The law of 1870, pro- viding a general system for the registration of trade-marks and de- Mr. HARRISON, from the Committee on Enrolled Bills, reported signed to afford better protection by giving right of action in United that they had examined and found truly enrolled an act (H. R. No. States courts to recover damages for counterfeiting and providing 3928) to continue the provision of an act entitled ''An act to provide the remedy by enjoining counterfeiters, bas not proved sufftcient. temporarily for the expenditures of the Government;" when the Worthless parties engaged in such dishonest practices are not pre- Speaker pro ternpore signed the same. vented by civil actions. A judgment for damages has no terrors for OTOE AND MISSOURIA INDIANS. them. If enjoined, some relative soon owns the goods and the busi- Mr. PHILLIPS, of Kansas. I enter a motion to reconsider the vote ness goes on. The plaintiff in such action (the measure of damages by which .the report of the conference committee on the disagreeing being the profit) has to depend mainly on the testimony and books votes of the two Houses on the. bill (H. R. No. 779) to provide for the of the defendant; and it is found generally that he who will coun- sale of the reservation of the confederated Otoe and Missouria In- terfeit will testify falsely to avoid the consequences. Thus the action dians in the States of Kansas and Nebraska was rejected. for damage amounts to but little. Mr. BLAND. And I move to lay that motion upon-thd table. 4776 CONGRESSIONAL RECORD-HOUSE. JULY 20, Mr. PHILLIPS, of KansacS. I only desired to enter the motion to The House again.clivided; and the tellers reported-ayes 76, noes reconsider. 47; no quorum votmg. • The SPEAKER pro tempo1·e. The gentleman has a right to make a Mr. HOLMAN. I call for the yeas and nays on this proposition. motion to lay upon the table. The yea,g and nays were ordered. Mr. PHILLIPS, of Kansas. I submit that it is a privilege to enter The question was taken; and there were-yeas 82, nays 65, not vot- a motion to reconsider, but not to mai:e a motion to lay upon the ing 137 ; as follows : table. YEAS-Messrs. John H. Baker, Ballou, 'Banks, BWr, Horatio C. Burchard, Bur. The SPEAKER pro tempore. It is in order, no other business being leigh, Candler, Caulfield, John B. Clark, jr., of Missouri, Cook, Crapo, Davy, Dun- before the Honse at this time. nell, Eames, Eden, Egbert, Ely; Foster~,....Garfield, Goode, Gunter, Hale, Andrew Mr. BLAND. The Chair entertained the motion, and the House is H. Hamilton, Hardenbergh, Harrison, J::iatcher, Henderson Hereford, Abram S. Hewitt, Hill, Hoskins, Hurd, Thomas L. Jones, Kasson, Kehr,~ball,Knott, Leav- now dividing upon it. enworth, Levy,Mackey, Magoon, McDill, Milliken Morrison, Mutchler Norton The SPEAKER ptro temp01·e. There was no business before tl1e O'Neill, Packer, Pierce, Piper, Platt, Potter, Pratt, Furman, Rainey, Randall, J o~ House at the time of the motion to reconsider. If there had been, Robbins, Robinson, Miles Ross, Sampson, Scales, Sinnick.son Smalls, .A. Herr Smith, the Chair would have only allowed the motion to reconsider to be Spencer, Springer, Tarbox, 'reese, 'l'e1Ty, Thompson, Thornburgh, Martin L Town- send~ashington Townsend, Van Vorhes, Waildell, Alexandllr S. Wallace, War- entered. • ren, wike, Willard, Alpheus S. Williams, Jeremiah N. Williams, and William B. Mr. PHILLIPS, of Kansas. I only desired to enter the motion to Williams-82. reconsider, intending to call it up at some other time. NAYS-Messrs. Ainsworth, Anderson, Atkins Bagby, John H. Ba,.ley jr., Bell Blackburn, Bland, Boone, Bradley, llright, Cabeil, William P. Caldwe11, damp ben: The Honse divided; and.there were-ayes 78, noes 32. Cannon, Cason, Cate, Cochrane, Collins, Conger, Cutler, De Bolt, Dibrell, Dobbins Mr. TOWNSEND, of New York. No quorum. Durand, Evans, Felton, Finley, Hancock, John T. Harris, Hartzell, Henkle, Hol~ Mr. CONGER. The gentleman from Kansas only entered the motion man, Honse, Hunter, Kelley, Franklin Landers, Lane, LeMoyne, Luttrell, Maish, • McFarland, Mills, Morgan, New, Payne, WilliaJD.A.. Phillips, Reagan, John Reilly to reconsider, and the Chair hacS treated it as though the motion to James B. Reilly, Riddle, William M. Robbins, Savage, Southard, Sparks, Steven~ reconsider was really made. I think that motion is not before the son, Thomas, Tucker, Tnrney,JohnL. Vance, RobertB. Vance, White, Whitthorne, Honse so that it can be laid upon the table. It is merely a notice Wigginton, and James D. Willia.~5. . under the rule. If that be so, the motion to lay upon the table is NOT VOTING-Messrs. Adams, Ashe, George .A. Bagley, William H. Baker, irregular. . Banning, Bas.s, Beebe, Bliss, Blount, Bradford, John Young llrown, William R. Brown, .Buckner, Samuel D. Burchard, John H. Caldwell, Caswell, Chapin, Chit- Mr. HOSKINS. I a.m clear, with all due deference to the Chair, tenden, John B. Clarke of Kentucky, Clymer, Cowan, Cox, Crounse, Cu1bersorr, that the motion to reconsider cannot be laid upon the table a,g it :tB Danford, Darrall, Davis, Denison, Douglas, Durham, Ellis, Faulkner, Forney, F01t, only entered, and not now before the Honse. The motion to recon- Franklin, Freeman, Frye, Fuller, Gause~.,....Gibson;Glover, Goodin, Robert Hamilton, Haralson, Benjamin W. Ranis, llenry .K. Harris, llartridge, llathorn, Ha,ymoRd, sider is not before the House, and it can only be laid upon the table Hays, Hendee, ~ld.'Ullith W. Hewitt, Hoar, H~e, Hooker, HopkinsJ. Hubbell, when it is before the Honse. The gentleman from Kansas only Hunton, Hurlbut, Hyman, Jenks, Frank Jones, Joyce, King, Lamar, tiOOrge M. desired to enter the motibn to reconsider, reserving the right to call Landers, Lapham, Lawrence, Lewis, Lord, Lynch, Lynde, MacDougall, McCrary, it up at another time. McMahon, Meade~ Metcalfe, Miller, Money, Monroe, Nash, NeAl, O'Brien, Odell, Mr. RANDALL. There was nothing before the' House when the Roberts, Oliver, Pa,.e, Phelps, John F. Philips, Plaisted, Poppleton, Powell, Rea Rice, SObieski Ross, Rusk, Sayler, Schleicher, Schumaker, Seelye, Sheak- gentleman from Kansas made his motion to reconsider, and it waa ley, Singleton, Slemons.z.....William E. Smith, Strni~ Stenger, Stone1 Stowell~wann, perfectly in order for the gentleman from Missouri to move to lay Throckri:wrton, Tufts, wait, Waldron, Charles C. B. Walker, Gilbert C. walker, upon the table, there being no other business before the House. The John W. Wallace, Walling, Walsh, Ward, Erastus Wells, G. WileyWells, Wheeler, Whitehouse, Whiting, Andrew Williams, Charles G. Willia.ms, James Williams, motion is entered when there is other business before the House. Willis, Wilshire, Ben.1amin Wilson, James Wilson, Alan Wood, jr., Fernando Wood, Mr. BLAND. I mov~d to lay the motion to reconsider upon theta.- Woodburn, Woodworth, Yeates, and Young-137. ble, the Chair entertained it, the House divided upon it, and it is So the motion was agreed to. now too late to make the point of order. 1t1r. HALE moved to reconsider the vote by which the motion was Mr. GARFIELD. If the gentleman had made the motion to· re- consider it would have been m order to have moved to lay upon the agreed to; and also moved that the motion to reconsider be laid on table. the table. The SPEAKER p1·o tempore. And that is precisely what he did. The latter motion was agreed to. Mr. PHILLIPS, of Kansas. No; I said I rose to enter the motion ORDER 011' BUSINESS . .. to reconsider. 111r. COCHRANE. I ask unanimous consent that to-morrow shall Mr. GARFIELD. Be merely entered it. It was a notice that he be considered as objection day, if the Private Calendar shall be taken would make the motion. up. The SPEAKER,Pro tempore. The Chair at once recognizes that the Mr. HOLUAN. I move that the House adjourn. mere notice to enter a motion to reconsider is not making the motion, Mr. COCHRANE. I hope the gentleman will yield, that the ar- but the Chair distinctly understood the gentleman to move to recon- ra~~ement may be made which I have indicated. sider the vote. The Chair, however, will· take the word of the gen- Mr. HOLMAN. I insist on my motion. tleman from Kansas, that he merely entered the motion to reconsider. The SPEAKER P'TO temp()re. The motion of the gentleman from In- Mr. PHILLIPS, of Kansas. I stated distinctly that I rose to enter diana.is equivalent to an objection to the request made by the gen- the motion to reconsider. tleman from Pennsylvania. Mr. RANDALL. I ask for the reading of the Journal, whether he Mr. HOLl\IAN'S motion was agreed to ; and accordingly (at five stated that he- merely entered the motion to reconsider. o'clock p.m.) the House adjourned. Mr. TOWNSEND, of New York. This question of laying this mo- tion on the table is open for consideration, because a quorum did not vote. I distinctly raised the question that a quorum did not vote, so the question is open and unembarrassed. PETITIONS, ETC. ~ Mr. PHILLIPS, of Kansa.s. I desire to state, if gentlemen will The following petitions, memorials, aml other papers were pre- allow me, that I entered the motion to reconsider hecause the report sented at the Clerk's desk under the rule, and referred as stated: had not been debated. I merely entered it at the request of several By 1t1r. BURCHARD, of Illinois: The petition of Captain D. C. members of the House. I did not desire to take up the time of the Stone, to be relieved from the sentence of a court-martial cutting off House with it at this time. his pay as captain of the First Kentucky Battery, to the Committee The SPEAKER pro tempore. If the gentlem::m from Kansas, as he on Military Affairs. states, merely entered the motion to reconsider, the Chair ruled By Mr. HOUSE: The petition of James Moffitt, of Nashville, Ten- wrongly in entertaining the motion to lay the motion to reconsider nessee, for a rehearing of his claim, rejected by the southern claims on the table. The gentleman from Kansas so states to the House, commission, to the Committee on War Claims. and the motion to reconsider will be now entered. By Mr. LUTTRELL: The petition of Elisha C. Bray, for indemni- ENROLLED BILL SIGNED. fication for spoliations by Rogne River and Cow Creek tribes of In- :Mr. HAMILTON, of Indiana, from the Committee on Enrolled dians, to the Committee on Indian Affairs. Also, the petition of citizens of Monticello, California, for the es- Bills, reported that the committee had exantined and found truly en- tablishment of a post-route between Winters, in Yolo County, to Mon- rolled a bill of the following title; when the Speaker pro tempore ticello, in Napa County, California, to the Committee on the Post- signed the same : Office and Post-Roads. An act (S. No. 1000) to continue the public printing. Also, the petition of citizens of Lake County, California, for the ADJOURNMENT OVER SATURDAY. re-establishment of the post-route between Uncle Sam and Lower Lake Mr. HALE. I rise to make a privileged motion. I move that when post-offices, to the same committee. the House adjourns to-morrow it adjourn to meet on Monday next. Also,. the petition of-residents upon the public lands in Mendocino This will give the House an opportunity to-morrow to consider pii- County, California, against the passage of House bill No. 321, to the vate bills, and will give us what we all need, a rest on Saturday. Committee on Public Lands. The question being taken on Mr. HALE's motion, there were-ayes By Mr. MAGOON: The petition of Thomas Simons and 78 other 72, noes 61 ; no quorum voting. citizens of La Fayette County, Wisconsin, that the present tariff on · Mr. LUTTRELL. I call for tellers. linseed-oil be maintained, to the Committee of Ways and Means. Mr. VANCE, of Ohio. I call for the yeacS and nays. By Mr. PIERCE : The petition of the mayor of Boston, 1 ~assachu­ The SPEAKER p1·o tempore. A quorum not having voted, the Chair setts, for the gift to said city of 'twenty-five bronze cannon for the will order tellers, and appoints the gentleman from Maine, Mr. HALE, purpose of casting therefrom statues of Thomas Jefferson and John and the gentleman from Ohio, Mr. RICE. Adams, to the Committee on Military Affairs. • 187(). · CONGRESS!ONAL RECORD-SENATE. .47·77 IN SENATE. He also, from the same committee, to whom was referred the bill (H. R. No. 3484) for the l'elief of John Rentz, reported adversely FRIDAY, July 21, 1876. thereon; and the bill was postponed indefinitely. . He also, from the same committee, to whom was referred the bill Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. · (H. R. No. 3371) to place Lawrence .A.. Williams, late major Sixth Cav- The J ourna.l. of yesterday's proceedings was read and approved. alry, United States Army1 upon the retired list of the Army, reported HOUSE BILLS REFERRED. adversely thereon; and tne bill· was postponed indefinitely. ~e also, from the same committee, to whom was_referred_tq.e bill The bill (H. R. No. 3927) making an appropriation to defray the ex- penses of the Joint Select Committee to investigate Chinese Immi- (H. R. No. 1237) for the relief of Benjamin F. Reynolds, reported it gration was read twice by its title and referred to the Committee on with amendments. Appropriations. . He also, from the same committee, to whom was referred the bill The joint resolution (H. R. No. 96) to provide for the protection of (H. R. No. 2813) relieving the State of Kansas from .charges on ac- the Texas frontier on the Lower Rio Grande was read twice by its count of ordnance stores furnished. to Kansas Territory, reported it . title and referred to the Committee on Military Affairs. without amendment. He also, from the same committee, to whom was referred the bill (H. PETITIO~S AND ~IORIALB. R. No.1075) dil'ecting the Second Auditor to settle the pay and bounty Mr. MERRIMON. I present the petition of Robert S. Gorlet, of account of John Alnmahaie or Ammahe, reported it without amend- Washington County, North Carolina, in which he represents that he ment, the committee adopting the report of the House committee. was the nostmaster at Plymouth in that State in the year 1873; that He also, from the same committee, to wl;tom was referred the bill the post-~office safe was forced and robbed, whereby a considerable (S. No. 976) for the relief of George W. Graffan, late first lieutenant sum of money was lost which belonged to the Government, and for United States Army, reported adversely thereon; and the bill was which the petitioner accounted to the Government. He prays that postponed indefinitely. the sum of money which he made good to the Government may be He also, from the same committee, to whom was referred the bill refunded to him. I move the reference of the petition to the Com- (H. R. No. 2257) for the relief of J. T. McGinniss, captain of Thir- mitt.ee on Post-Offioos and Post-Roads. teenthinfantry, United States Army, reported it without amendme11.t. The motion was agreed to. He also, from the same committee, to whom were Ieferred certain Mr. SPENCER presented the memorial of John Hogan and others, papers relating to the joint resolution (H. R. No. 85) to authorize the citizens of Washington, District of Columbia, remonstrating a~ainst Secretary of War to issue certain arms to the Washin~n Light In- the passage of a law authorizing the Baltimore and Ohio Railroad fantry of Charleston, South Carolina, and the Clinch Rilles of Augusta, Company to locate ita depot on Delaware avenue, in the nineteenth Georgia, asked to be discharged from their further consideration, the district of the city; which was referred to the Committee on the Dis- ·joint resolution having passed both Houses; which was agreed to. trict of Columbia. · He also, from the same committee, to whom was referred the bill Mr. DENNIS presented the petition of Joseph H. Maddox, a citi- (H.R. No. 683) to authorize the sale of cadet-rifle~ reported adversely zen of Maryland, praying compensatio-::1 for property taken and ap· thereon ; and the bill was indefinitely postponeill(S. No. 980) granting a pension to Irena Garrett, reported and submitted a report thereon; which was ordered to be printed. it without amendment, and submitted a report thereon; which was He also, from the same committee, to whom was referred the bill oruered to be printed. (H. R. No. 3331) authorizing the Secretary of War to permit the Prot-· He also, from the same committee, to whom was referred the bill estant Episcopal church of Gratiot, Michigan, to erect and maintain (H. R. No. 1588) granting an additional pension to Jefferson Bower:s, a. wooden church building on the Fort Gratiot military reservation, of Mason County, Illinois, reported it with amendments. Michill'an, reported it with an amendment. · He also, from the same committee, to whom was referred the bill Mr. LOGAN. I am also directed to report back certain papers with (H. R. No. 2-231) granting a pension to Emily E. Weiss, reported it reference to the bill (S. No. 938) for the relief of George T. Olmsted, without amendment. jr., to ask to be discharged from their further consideration. The Mr. HAMILTON, from the Committee on Pensions, to whom was bill haa passed both Houses, aa I understand, and become a law. I refeiTed the bill (H. R. No. 3041) granting a pension to James Ruffin did not know that the papers were in the committee at the time.the Wood, submitted an adverse report thereon; which was ordered to bill was act.ed upon, and now report the papers back in order that be printed, and the bill was postponed indefinitely. they may be placed -on file. He also, from the same committee, to whom was referred the bill The committee was discharged from the further consideration of (H. R. No. 2707) granting a pension to Mary F. Hall, submitted an the case. adverse report thereon; which was ordered to be printed, and the bill Mr. ALLISON, from the Committee on Pensions, to whom was re- was postponed indefinitely. ferred the bill (H. R. No. 2848) granting a pension to F. M. Bruner, Mr. CAMERON, of Wisconsin, from the ·committee on Commerce, report-ed it without amendment. to whom was referred the bill (S. No. 905) in relation to vacancies in He also, from the same committee, to whom was referred the bill the office of appraisers of customs at any port of the United States, (H. R. No. 2844) granting a pension to Levi D. Hayward1 ;eported it reported it with amendmente. without amendment, and submitted a. report thereon; which was or- Mr. BOOTH, from the Committee on Pensions, to whom was referred dered to be printed. the bill (H. R. No. 2837) granting a pension to Edward F. Eddy, re- Mr. CRAGIN. I am direct.e d by the Committee on Naval .A:ffail's, ported it without amendment, and submitted a report thereon; which to whom was referred the bill (S. No. 433) directing the tralisfer of was ordered to be printed. certain amounts from the naval pension fund, to report it back ad- Mr. COCKRELL, from the Committee on Military Affairs, to whom versely with a written report. This is a bill that seeks to take con- was referred the bill (H. R. No. 1183) for the relief of David W. Stock- siderable money out of the Treasury, and I ask that the report be still, of Sidney, Ohio, submitted an adverse report thereon; which printed. · was ordered to be printed, and the bill was postponed indefinitely. · The report was ordered to be printed, and the bill waa postponed Mr. COCKRELL. The Committee on Military Affairs, to whom indefinitely. was referred a petition of citizens of Oregon asking that the lands ORDEB OF BUSINESS. and buildings known aa the Fort Dalles military reservation be do- Mr. KERNAN. I wish to take up a bill, if morning business is nated to that State for the purpose of an insane asylum, have directed through. me to report adversely as to the donation of the military reservation The PRESIDENT pro tempore. The Senator from Kansas [Mr. to the State, but to report a bill authorizing the transfer of the res- INGALLS] baa the floor by understanding. ervation from the War Department to the Secretary of the Interior, Mr. INGALLS. I aakedyesterdayandobtainedunanimoua consent and the sale of it, and to submit a report thereon. that at the conclusion of the morning business to-day the Senate The bill (S. No. 1001) to provide for the disposition of Fort Dalles would resume the consideration of House bill No. 3625. military reservation was read and passed to the second reading, and The PRESIDENT pro tempore Upon thesinO'le condition of taking the report was ordered to be printed. · · care of the Senator from West Virginia, [Mr. DAVIS.] If there is no Mr. LOGAN, from the Committee on Military Affairs, to whom was further morning business the bill (H. R. No. 3625) providing for the referred the bill (H. R. No. 559) for the relief of Almeron E. Calkins, sale of t4e Osage ceded lands in Kansas to actual se(jtlers is before late a second lieutenant in the Eighth Michigan Cavalry, reported it the Senate. without amendment, the committee adopting the report of the House Mr. INGALLS. It was the understanding that the Senator from committee. · West Virginia should have the opportunity to call up a bill for the He also, from the same committee, to whom was referred the bill removal of political disabilities, and I yield to him for that purpose. (H. R. No. 3114) for the relief of William Gemmill, reported adversely thereon; and the bill was postponed indefinitely. GEORGE JACXBON. He also, from the same committee, to whom was referred the bill Mr. DAVIS. I move that the Senate proceed to the consideration (H. R. No. 262) for the relief of the .legal representatives of John W. of the bill (H. R. No. 329) to remove the political disal>ilities of George Gall, deceased, late of Company A, One hundred and thirtieth Reai- 0 Jackson, a citizen of West Virginia. It is a House bill which bas ment Illinois Volunteerd, reported it with an amendment. been reported by the Judiciary Committee of the Senate favorably. 4778 CONGRESSIONAL RECORD-SEN.A.TE. JULY 21, The PRESIDENT pro telnpore. The question is, Will the Senate that the Attorney-General, or the United States, never retained any proceed to the consideration of this bill t one of the gentlemen who are named. Mr. EDMUNDS. I ask a divisien on taking it up, not because I Mr. INGALLS. Will the Senator allow me to interrupt him just a have the least objection to the bill-! am in favor of it-but I am moment in order to say that if that is the case, under the twelfth, suspicious we have not a quorum, and if we have not I do not think thirteenth, and fourteenth lines of the section, no money can be paid. we ought to do any business. Mr. EDMUNDS. Even if that were so, I am opposed to vicious The question being put, there were on a division-ayes 25, noes 1; legislation even if no money can be paid out under it.; but the Sen- no quorum voting. ator, I think, is a little mistaken. The Senator will ol)serve and the Mr. INGALLS. I move that the Sergeant-at-Arms be directed to Senate will observe that this sec Lion is very skillfully drawn. It does reqo.est the attendance of absent members. not say to pay counsel retained by the United States. It says this: '£he PRESIDENT pro tempo1·e. The roll will be called first. The " Said expenses" of this suit "to include the fees justly due to the at- Secretary will call the roll. torneys retained at the instance of the settlers on said lands, with The Secretary called the roll and thirty-eight Senators answered the approval of the Attorney-General of the United States." to their names. What the fact is, as I am informed from the very best authority, is The PRESIDENT pro tentpore. A quorum is present. The .q uestion that these settlers having, under the treaty of the United States with is on the motion of the Senator from West Virginia to take np the bill the Indians and the act of 1869 and the land grant to the railroads, which be has named. got into a controversy with the railroad companies through the leg- The motion was agreed to; and the Senate, as in Committee of the l.Slation of Congress, tbAy employed, as people generally do, or a part Whole, proceeded to consider the bill. of them employed, those who were fighting the affair, employed coun- '!'be bill was reported to the Senate without amendment, ordered sel, and they persuaded the Attorney-General to bring a suit in equity to a third reading, read the third time, and passed ; two-thirds of the to set a-side the patents that bad been issued to the railroad compa- Senate voting in favor thereof. nies, which was a perfectly proper proceeding. It ought to have been done undoubtedly. It was his duty to do it if there was any ENROLLED BILL SIGNED. question under these various rights, and it ought to have been tested. A message from the Honse of Representatives, by Mr. G. M. ADAMS, They employed their counsel to defend their interests. They did de- its Clerk, announced that the Speaker of the House had signed the fend their interests; and when it came to the Sllpreme Court of the enrolled bill ( S. No.lOOO) to continue the public printing; and it was United States, the Government being the party on the record and the thereupon signed by the President pro temp(Yre. sole pariy on the record, it wa-s necessary, in order that these counsel OSAGE LANDS IN KANSAS. might have p~ission to appear, that the Attorney-General should assent to it or that the United States should, which is the same thing. The Senate, as in Committee of the Whole, resumed the considera- The Attorney-General did assent to it, just as in other cases, as I tion of the bill (H. R. No. 3625) providing for the sale of the Osage stated yesterday, he always assents when respectable parties with ceded lands in Kansas to actual settlers, the pending question being respectable counsel have interests growing out of or standing under on the amendment of the Senator from Vermont [Mr. EDMUNDS] to a suit to which the United States is a party. The Attorney-General strike out section 8 of the bill, as follows: in such cases always, as a matter of course and of right, allows Sno. 8. That it shall be the duty of the Attorney-General of the United States, the counsel for private parties to come in and a.asist to argue the for t}le time being, to ascertain and determine the amount of costs and necessary case, if they wish. That was this case, and as I say I have the best expenses incurreil in prosecuting the two suits commenced in the name of the reason for believing it, because one of the gentlemen referred to by United States against the Leavenworth, Lawrence and Galveston Ra,ilroad Uom- pany and the Missouri, Kansas and Texas Railroad Company in the circuit court the Senator from Kansas yesterday as being concerned as counsel in of the Unit.ed States for the district of KansM, for the purpose of testing the this affair so stated in my hearing yesterday, when the subject was validity of the title to said lands claimed by said railroad companies, and the costs under consideration, that the Attorney-General never retained them a.nd expenses of prosecuting said cases in the Supreme Court of the United States; said expenses to mclude the fees justly due to the attorneys retained at the instance at all in the sense of producing the relation of attorney and client. of the settlers on said lands, with the approval of the Attorney-Generalof the United They were the counsel of private parties who had a particular inter- States; that, after det&'lllining the amount of costs and expenses as aforesaid, the est to have this snit of the United States go in a particular way. Attorney-General shall certify the said amount, and to whom due, to the Secretary Now, it is proposed that these trust funds belonging to the Indians of the Interior; and the Secretary of the Interior shall pay to the parties entitled thereto the sum so allowed and certified to, as aforesaid, out of the proceeds arising shall be saddled with this expense, and that these counsel shall get from fifteen cents per acre on the sale of said lands. their pay by a tax of :fifteen cents an acre on this land, to be collected by the United States for their benefit. I insist, Mr. President-I Mr. ANTHONY. May I appeal to my friend from Kansas f There may be entirely wrong-that legislation of this character is absolutely was a bill reported the other day for the relief of a very old, infirm, and vicious, wrong in principle, and wrong in practice; and it is the first distinguished officer of the Navy, but objection was made to its con- time I will say in my recollection that I ever beard of an enterprise sideration at that time. I am sure there will be no objection to it if of this kind being undertaken by act of legislation. it be taken up now; and if there is any objection made or any de- :Ur. MITCHELL. I will inquiJ:e what reason is there that the bate, I will withdraw it at once. Indians should pay the amounts even if it were proper to pay it at Mr. INGALLS. The Senator may appeal to me, but I shall be com- allf pelled to resist the appeal on ·account of the very great neces ity of Mr. EDMUNDS. So say I. Why shonlcl it be taken out of these action on this bilL I do so with reluctance as the Senator from Rhode Indians! Island well knows. I shall be very glad to assist him in pa.asing his Mr. SHERMAN. I know nothing about this matter except what I bill after this is disposed of. . have heard from interested -parties within a day or so; but if the state- The PRESIDENT pro temporepnt the question upon the amendment ments made by them are correct, it seems to me this provision is not of Mr. EDMUNDS, and declared that the ayes appeat'ed to prevail. only right, but it iB eminently fair and equitable. The statement as Mr. INGALLS. I hope not. Let us divide. I understand it is this: When it became apparent that there was to Mr. EDMUNDS. Let us have the yeas and nays. be a legal controversy between the railroads and the settlers upon The yeas and nays were ordered. • these lands, at a public meeting held by the settlers, certain gentle- Mr.INGALLS. TbeSenatewillperceivebyreferencetothetwelftb, men were employed as attorneys and engagements were made on their thirteenth, and fourteent.h lines of this section that the expenses to be behalf in the name of the United States, with the assent of the Attor- paid "include the fees justly due to the attorneys retained at the ex- ney-General, to commence certain legal proceedings to test the legal pense of the settlers on said land with the approval of the Attorney- title to this land, whether it belonged to the railroad companies or General of the United States." The section further provides: whether these settlers bad under our pre-emption and homestead laws That after determining the amount of costs and expenses as aforesaid, the At- any rights whatever, and whether they could maintain their posses- torney-General shall certify the said amount, and to whom due, to the Secretary of sory rights as against the railroad companies. tbe Interior. These attorneys were employed then by the settlers by an an·ange- If the United States then did not retain any attorneys, if there was ment among themselves, and this litigation was the result of that no service rendered by these attorneys to the Government and no reg- arrangement. The decision of the court I have never read, but I ular employment by the Government, then nothing can be certified by understand it was adverse to the railroad companies and in favor of .the Attorney-General, and therefore no portion of this fund _can he the Government. Under these circumstances this eighth section, as employed for that purpose. I understand, is an expedient adopted for the purpose of paying out In this connection I may say that by the result of the snits that of a general fund the expenses of this litigation, including the at- were tried before the circuit court and taken on apppeal to the Supreme torneys' fees. To enable them to do so without impairing the legal Court, the United States Government was saved the repayment of a or equitable right of the Indians to this fund it was agreed among very large amount of money. Had the cases been determined other- themselves without dissent that the price these settlers were to pay wise tha.n as they were, the Government would have been compelled for their land, instead of 1.25 an acre, wa.a to be $1.40 an acre, with to refund all the money that was received under the joint resolution a view to raise enough by this volnnta.ry assessment over and above of AprillO, 1869. As the provision is guarded by the requirement the price fixed by the general policy of our laws, $1.25 an acre, to that the Attorney-General must approve the amounts and that it is cover these expenses. to be paid under the direction of the Secretary of the Interior, I can Mr. HOWE. Will the Senator allow me to ask him where the set- see no reason why the section should be stricken out. tlers obtained the right to buy these lands at $1.25 an acre f· ' Mr. EDMUNDS. I shall have to restate the objection that I made Mr. SHERMAN. I do not really know; I cannot say. to this section, for I suppose everybody has forgotten it. I say, in Mr. li'iGALLS. If the Senator will allow me, that is what this the first place, that I have the best reason in the world for believing bill proposes to give them. 1876. CONGRESSIONAL REOORD-SEN.A.TE. 4779 Mr. EDMUNDS. The treaty says they shall be sold for cash on the pen that by paying $1.40 an a.cre they are merely contributing fifteen best terms. cents above the market price, if it should turn out that they were Mr. HOWE. I want to know if the Senator from Ohio assumes getting the land for five or six dollars an acre less than its real value, that the reason for paying $1.40 instead of $1.25 is· to make a fund it would seem to me this appropriation of fifteen cents an acre would out of which to satisfy these fees t I suppose myself that the reason be quite improper, not as a violation of the treaty merely, bnt as a for paying $1.25 or $1.40, or any other sum, is that the lands are violation of right. And then what is the sum to be realized by this worth that sum. . payment of fifteen cents an acre for counsel fees f What does it amount Mr. SHERMAN. I give the Senator just the llnderstanding that I to ! have from parties in interest in this matter. I do not know anything Mr. INGALLS. I do not know the exact amount. about it myself. AB to the reason for :fixing the amount at $1.40, that Mr. HOWE. It is over $100~000, is it not f was the reason given, that, in pursuit of a common interest on behalf Mr. HITCHCOCK. About t70.000. of these settlers in a litigation instituted by them for their benefit, Mr. HOWE. The tract is thirty by fifty miles square f this·proceeding was had, by which it was held that the United States Mr. INGALLS. The trad is thirty by fifty miles. was the owner of this land, and not the railroad companies. Mr. HOWE. It is over $100,000. Mr. HOWE. Was tbe Senator informed what interest the settlers Mr. EDMUNDS. Nine hundred and sixty thousand acres there are. had to be protected in that suit between the Government and the At fifteen cents an acre the amonnt is $144,000. railroad companies f · Mr. INGALLS. The Senator's arithmetic is strangely at fault. Mr. SHERMAN. They claimed, under the homestead or pre-emp- The railroads have claim to but one-half that land, which is 480,000 tion laws, possessory rights. acres. Mr. HOWE. I heard it said yesterday that these settlers claimed Mr. HOWE. But this bill has reference to the whole tract. under purchase from the railroad companies. This bill seems to carry Mr. EDMUNDS. That is what it says. such an intimation. Mr. COCKRELL. I am in favor of the main features of the bill, Mr. SHERMAN. I do not know about that. As I understand, but I do not see how I can sustain this particular section. I call the their interests were adverse to the railroad companies. They did not attention of the Senator from Ohio to the provisions of the treaty, buy of the railroad companies. by the terms of which this particular tract of land thirty miles from Mr. EDMUNDS. Some of them did and some of them did not, as east to west and fifty miles from north to south was granted to the was stated yesterday. United States: Mr. SHERMAN. I know nothing about that except what is given And in consideration of the grant and sale to them fthe United States] of the to me. This mode is a mode of paying the expenses of this litigation above-described lands the United States agree to pay the sum of $300 000 which by a voluntary a!lsessment among themselves by the settlers upon United sum shall be placed to the credit of said tribe of Inilia.ns in the TreaSucy of the States, and interest thereon at the rate of 5 per cent. per annum shall be these lands by increasing the price from a dollar and a quarter, the pa~~ to said tribes semi.annually in J?Oney, clothing, pro~ions~pr such article of price at which· lands have always been sold to actual settlers except utility as the Secretary of the Interior may from time to time airect. Said lands under railroad grants in certain ca-ses, and this is an .expedient for shall be surveyed and sold, underthe direction of the Secretary of the Interior on the most advantageous terms, for cash, as public lands are surveyed and sold under the purpose of paying these costs and charges. If that is so, I can existing laws, but no pre-emption claim or homestead settlement shall be recoo-. only say it seems to me to be equitable, not only on the part of t.he nized; and after re-imbursing the United States the cost of said survey and sale and United States but on the part of.. the settlers. This waa a litigation the said sum of $300,000 placed to the credit of said Indians, the remaining :{lroceeds for the real benefit of the United States. The United States w~ the of sale.~ shall be placed in the Treasury of the United States to the credit of the "civilization fund," to be used, under the direction of the Secretary of the Inte- party-plaintiff, I suppose, and these settlers claimed their possessory rior, for the education and civilization of Indian tribes residing within the limits rights under the laws of the United States. If the United States of the United States. now deny them any possessory rights, perhaps the United States conld do it and take advantage of any defect in their title; but, as I This bill provides for selling these lands to the actual settlers there understand, tlie United States do not propose to do that, but to allow at 1.40 an acre, and that out of the fifteen cents per acre above $1.25 these settlers to have the same possessory rights they wonld have on a certain amount of fees and expenses shall be paid. The settlers the public lands, pre-emption rights, and take the lands at one dollar pay this fifteen cents per acre more than the dollar and a quarter for and a quarter an acre. As I understand, the pre-emption laws would what! To pay the expenses, in part at least, of these lawsuits. If give these settlers, if this were public land, a right to enter upon it at they have already paid these expenses, then this money goes back to a dollar and a quarter an acre, and the United States in this bjll pro- their own P.OCkets. Would it not be infinitely better for the United poses to recognize that right, to recognize these a.a public lands, and States to let them have the whole at a dollar and a quarter an acre f to allow these people to pay a dollar and a quarter an acre for these Because. if they let them have them at $1.40 an acre the whole is a lands, and they have by their voluntary arrangement agreed to pay trust fund, and the yery moment the United States lends them credit 1.40 instead of $1.25. for this fifteen cents an acre that moment the United States becomes Mr. HOWE. But will the Senator allow me to remind him that, as liable and will be compelled to place that amount to the credit of I understand, the United States ha-s stipulated, has contracted that this trust fund; in other words, the United States will be paying this these shall not be public lands ~d that they shall be exempt from fifteen cents an acre, so far as these expenses are concerned, out of pre-emption rights and from homestead settlement, and that they the 'l'rea.sury. You cannot avoid that conclusion. shall be sold at a fair price in fair market, and the proceeds sha.ll go Mr. SHERMAN. I look upon the reasonable expenses of that law- to the Indians who formerly owned the lands. snit on behalf of the United States, by whomever conducted, as just Mr. INGALLS. That is not the fact. as much a reasonable and proper allowance as the expenses of sur- Mr. HOWE. What is it f veying this land. Mr. EDMUNDS. ~t is the fact, except that the proceeds go to the Mr. COCKRELL. It is not so specified in the treaty. civilization fund. Mr. SHERMAN. That makes no difference. The· United States Mr. INGALLS. That is not the fact either. The proceeds of this only got possession of this large property by these lawsuits; and for land are to be divided by the appropriation of $300,000forthe benefit the United States to avail itself of the benefit of these services with- of the Osage Indians, who formerly owned the lands, and the re- out re-imbursement, it seems to me, would be inequitable and nnjnst. mainder, after that sum has been taken out, to be appropriated for It would be mean, I should think:, for a party to avail himself of the the benefit of the civilization fund of the Indians at large. services of others in prosecuting a snit for his benefit without paying Mr. HOWE. Well, now, Mr. President, I am surprised that the that expense. I do not think the United States ought to be put in Senator should volunteer that-- that position. I ha.ve no interest in it and do not care anything about Mr. INGALLS. That is not volunteering. it. Mr. HOWE. Should volunteer that as a correction of what I said. Mr. COCKRELL. I do not care anything in the world about it. I Mr. INGALLS. You said it was for the benefit of the Indians who would rather the United States would make a direct appropriation formerly owned the land. than to do it in this way. · Mr. HOWE. Yes, sir. Mr. SHERMAN. I think the amonnt stated here, $140,000, is en- . Mr. INGALLS. The land was formerly owned by the Osage In- tirely unreasonable. While I would vote for any reasonable expense dtans. in conducting the lawsuits, I would not for any such amount. Mr. HOWE. Yes, sir; and the $300,000 is to be taken out of it by Mr. INGALLS. The Senator from Ohio will observe that only such the United States simply becanse the United Statesadvanced$300,000 expenses a.re to be paid out of this fund a-s are found to be actually to the Osage Indians under the treaty. Is not that the fact! due and approved by the Attorney-General. Mr. INGALLS. Suppose it is the fact. Mr. EDMUNDS. Suppose it should turn out, Mr. President, as it ~· HqWE. Then I take it my statement was literally correct that often does in cases of this character, that the persons who engaged in th1s sale IS to be made underthetreatyfor the benefit of the Indians, these lawsuits for these private parties made a contract in advance that in point of fact we never purchased and paid fer the lands at that if they won they should have fifteen cents an acre and if they all. We acquired a. right to sell the land and we advanced $300,000 did not win they should not have anything, then it wonld fall ex- for that, and we stipulated to sell the land for the benefit of the In- actly within the words of this section : dians and to sell it at a fair price; and the treaty does declare-does Said expenses to include the fees justly due to the attorneys retained at the in- it not f-that the lands shall not ba subject to pre-emption nor subject &tanoe of the settlers. to homestead entry. So, if I am right in this, there is no pretense As a private bargain between the settlers and the attorneys, it is per- that the settlers have a right to take the land at 1.25 an acre. They fectly lawful to agree, or at least it is ~very common practice-I will !:tave not a right to take it at all. They have a right to purchase it not say it is absolutely lawful-to have what is called a contingent m open market with aJl the rest of the world. Then if it should hap- fee, to agree upon the terms and amount of it; and therefore if there 4780 CONGRESSIONAL RECORD-SENATE. . JULY 21, should happen to have been a contract by which the settlers, not set- the fac~ and eyes of the treaty if it had not had the little saving tling under the railroad title, but settling on their own hook as pre- clause at the end, a joint resolution of four or five lines, which went emptors or homestead-men, agreed to pay these gentlemen fifteen through Congress, as such resolutions sometimes do, without any par- cents an acre, it is within the meaning of the act, if such contracts ticular attention being attracted. That resolution very simply and are lawful at all, and the money will be justly due, and they will pleasantly said the pre-emption and homestead people shall be au- have the $144,000, and ought to, if they agreed for it. They went to titled to settle, and so on. sea in an adventure and brought home a good cargo, and they are Mr. HARVEY. The phrase waa "actual settlers shall be entitled ontitled to whatever they agreed to have, reasonable or unreasonable, to purchase." • as far as the United States is concerned; and the question is whether Mr. EDMUNDS. That is the same thing, I suppose; actual settlers the sum, be it great or small, is to be taken out of the trust funds shall be entitled to purchase subject to outstanding rights. That is which we have a:greed with the Indians shall be applied t.o their not the language of the act, but the idea. The act is now before me, civilization. That is one question. Where do we get the right to do that f The Senator says this was and I will read it: That any bona fide settler residing upon anv portion of the lands sold to i:he .. a suit for the benefit of the United States · and we ought to pay the United States, by virtue of the first and second articles of the treaty concluded be- expense of it. Ah! Mr. President, the United States is supplied with tween the United States and the Great and Little Osai!:e tribe of Indians, Sepwm- district attorneys in abundance, with attorneys-general, and with so- or ber 29, 1865, and procla.i.medJannary 21, 1867, who is a citizen of the Umted States shall have declared his intention to become a citizen of the United States, shall licitors-general, and with law clerks, and all the machinery of de- be, and liereby is, entitled to purchase the same in quantity not exceeding one hun- fending the interests of the United States; and had it been necessary dred and sixty acres, at the price of $1.25 per acre, withln two years from the pa.s- for the interests of the United States to have other than the official sage of this act, under such rules and regulations as may be prescribed by the Sec- counsel; then the law points out specifically the way and the means retary of the Interior: Provided, however, That both the odd and even numberec.l sections of said lands shall be subject to settlement and sale as above provilled: by w.J;tich that assistant counsel shall be obtained. It was not this And providt>.d further, That the sixteenth and thirty-sixth sections in each town. way and it was not by this means, as is confess.ed. . ship of said lands shall be reserved for State school purposes in accordance with So then you come right back to the point that these gentlemen were the provisions of the act of admi.8sion of the State of Kansas- employed by a certain part of the settlers, those who were resisting That is the matter refe:rred to by the Senator from Ohio yesterday the right of the rail way companies under the land grant and under Then- . the patents issued by the Interior Department. Promded, however, That nothing in this act shall be construed in any manner Mr. HOWE. What is the evidence that the Attorney-General agreecl affecting any legal rights heretofore vested in any ot.her party or parties. to the employment of these counsel by the settlers? What was th~ object of that saving clause t It was claimed by the Mr. EDMUNDS. I have no evidence at all, except that I should railway companies under the State of Kansas that they were entitled suppose that that part of the settlers who bought under the patents to the alternate sections. It waa claimed by the Indians' friends, if that the United States bad issued to the railroad company would not they had any, that these lands were bound to be sold in the discretion be very anxious to retain counsel to defeat their own title. of the Secretary of the Interior, on a sacred trust, for the largest price :Mr. INGALLS. The United States issued no patent to the rail- that could honestly be got. Congress in passing this act put in a roads. saving clause, which created no legal right in anybody, but actually Mr. EDMUNDS. To whom did they issue them t defeated all legal rights, as it has turned 'Out, unless the Senate are Mr. INGALLS. To the State of Kansas. now prepared to say that this treaty means nothing at all or mearis Mr. EDMUNDS. That is literally the case, but it comes to the something entirely different from what it says. That is the state of same thing. We are sticking in the bark. the case, Mr. President. Mr. HOWE. The Senator concludes, as I should conclude, that Mr. HARVEY. If the Senator from Vermont will permit me, I will those settlers who had purchased from the railroad companies would call his attention to the fact that that proviso of which he speaks have no interest in fighting the United States; but what interest had was alluded to in the opinion ; I do not remember ;whether of the those who did not purchase from the railroad companies, but who court or the dissenting opinion on this Osage-ceded-land case. The settled in violation of all the laws of the United States, in fighting for fact was stated that that proviso to that joint resolution was offered the United States! by one who was then a Senator from Kansas, and it was held by the .Mr. EDMUNDS. I can tell the Senator. counsel for the railroad company that it was a recognition of a right Mr. HOWE. I should like to know. existing before, a recognition of what they claimed to be the grant Mr. EDMUNDS. If the grants to the railway turned out to be to the railroad company. It was never claimed to have been any- valid then the railway took within the proper limits every alternate thing else. So that asserted ri~ht being set aside by the decision of section, and the purchaser under the railway at $2.50 or $4 or $5 or the highest court of the land, It cannot affect anything further as $10 an acre, according to value, would get his title, and the squatters regards the rjghts of Indians, settlers, or any one else. would not, who, in spite of the grant to the railway, if there was one, .Mr. EDMUNDS. That is most extraordinary logic. Undoubtedly as was claimed, in spite of the issue of the patents to the State of the nilroad companies claimed that no rights existed on the part of Kansas, in spite of the Srote of Kansas passing over these patents to the settlers, for whom a very earn~t appeal was made in the cause, the railway company, in spite of the title thus derived from it, seek because whoever had gone on ther1r had gone ou with his eyes wide to oust these people under the railway f If they can do that or enter open, with a caveat in the resolution; and that therefore it was a into the vacant lands not yet sold by the railway, then what f If you recognition that whatever legal rights the railways had should be overturn the title granted to the State of Kansas, then all the squat- protected, if they had any; but it does not follow from.that, because ters need, after that, is exactly the measure proposed by the Senator it turns out they had not any, that language of that kind preserving from Kansas. At this present moment, so far as I understand it, they all legal rights would not preserve the legal rights of an Indian as have not any rights; but in spite of the treaty, which expressly de- well as a white man. clares that these lands shall not be open to pre-emption and home- Mr. HARVEY. It was claimed a recognition of the right claimed stead, but shall be sold in trust in the discretion of the Secretary of by attorneys of the railroads. the Interior for the best price and that money turned over to a cer- .Mr. EDMUNDS. Exactly; bnt the court say it is not a recognition tain fund- • of anybody's right, only a saving of everybody's rights wherever Mr. HARVEY. Will the Senator from Vermont allow me to call everybody turned out to have rights. The railroad has turned out his attention to the fact that, while he lays a great deal of stress upon not to have any, but it remains to be seen whether the Government the treaty requiring the lands to be disposed of by the Secretary of haa not some. · the Interior to the best advantage, the Secretary of the Interior, so I do not wonder, in the way these things go, that we have Indian far as he could, did dispose of them by certifying them to the State wars and troubles. When it comes to be an axiom, founded upon in- for the benefit of a railroad company, a disposition of them which controvertible facts of history, with the Indians, as it was stated I would yield nothing f'lr the benefit of the Indians, nothing for the believe in the story of The Last of the :Mohicans, that the pale-face benefit of the settlers, nothing in the way of carrying ont the general carries a forked tongue, I do not wonder that the Indians sometimes land policy of the United States, bot simply transferring it for the kick out of the traces aud behave, according to the little light they benefit of a railroad company Y have, in a very rough way. Here if there is anybody in the world · Mr. EDMUNDS. That is perfectly true, Mr. President; but the that we ought to keep faith with-it appears to me we ought to do action of the Secretary of the Interior, as has been decided by the it_with everybody-it is with people who are not able to protect them- Supreme Court, was absolutely illegal and void. Now we have got selves, but who are not intelligent enough to understand that there another Secretary of the Interior; we have got a guide by the de- may be sometimes violations of rights without intending it. We cision of the highest tribunal in the land that the State of Kansas have promised these Indians that homestead and pre-emption riahts acquired no interest in these lands; that the treaty, and nothing else, should not be allowed in these lands; we have said to them " we ~ill protected them. It being found that the tr.eaty protected them for take them and sell them for your benefit, for cash, under the direction the benefit of their original owners, it is proposed by this bill to say of the Secretary of the Interior, on the most advantageous terms." that, instead of their being sold as the treaty provides, they shall be That is the solemn contract we made with them. Have they not a sold at a sum named in an act of Congress, .arbitrary and fixed, to the right to rely upon our good faith to carry it out f occupants of these lands, brinciple they are now standing upon and Mr. EATON. He said that since the organization of the whig fighting for-embodying as they do a class of men that belonged to all parties in party-- the past-is to reform rilaladministration and retrench the expenses of the Govern- Mr. SHERMAN. In 1840. ment. Mr. EATON. Not in 1840; 1840 was used in another connection; I Mr. SHERMAN. What sinj:tle act of reform has the democratic party aocom· b cr d The hi t d"d t · · 1840 b t plished sinoo 1840 t In he history of our country I can show fifty for the republi· beof par on. w g par Y 1 no orgamze ID n many years can party. Let us come down to the facts now. This is the commencement of a e ore. political campaign. Name me a single reform in doctrine, law, or practice that the 11-Ir. SHERMAN. I will read again what I said: democratic party has inaugurated and carried out. It I say since 1840, since the organization of the new whig and democratic parties. I should like to hear my honorable friend from Connecticu.t go over The issues that grew up in 1840 was the real commencement of the the list. troubles between the democratic party and the whig party. I said Mr. MERRIMON. Why, sir, everybody in this country and throughout the whole · 1840 d 't t · th t t' th t I · h t 0 fi civilized world knows that up to 1860 no country on the face of the globe prospered srnce ' an 1 was 0 smce a une a WlS con ne my- M did this country and that this Government ha.d been administered by the demo- self. I was careful to do so because I did not wish to go back and oraticparty snbstanbia.J.lyforfortyyears beforethattime. arraign the old proceeding of the republican or democratic party of 1876. CONGRESSIONAL RECORD-SENATE. 4783 the olden time, which I confess to be a party of great purposes stance-I speak from memory-that Tilden and Seymour and men of and great principles and great achievements; but the .Ifttrty of mod- their character had come to the front and were o~posing Tweed's ern times since 1840 is a very different thing, and I said 1840. domination. I was not in Tweed's distri~t, but the influence oi Til- Mr. EATON. There are three things that the honorable Senator den and his friends was against him; and the papers to which I refer from Ohio said which he has read. Once he used the term "1840." appealed to republicans to elect Tilden to the aMembly for the sake The RECORD shows what it is. of the reforms he was seeking to carry out. Mr. SHERMAN. Certainly. • I am not going to debate these matters here; let that debate go to Mr. EATON. Once he spoke of the organization of thew big party. the proper pla-ce; but I thought this much was due to Mr. Tilden, I do not think the RECORD gives exactly what my honorable friend because so soon a~ these frauds were discovered, aud from that time said. on-I appeal to the recollection of all fair men in the city of New Mr. SHERMAN. I will read it; I have it here: York-he acted against and was bated by Tweed and his corrupt I sa.y since 1840, since the organization of the new whig and democratic parties, associates. His influence and efforts were against the election qf name me a. single reform. Tweed in 1871, and in favor of bringing him to justice. Mr. HOWE. :Mr. President, this question is one of immense inter- That is the only place in which I mentioned that subject. est a~ a mere historical question, and it is one somewhat difficult to Mr. EATON. The democratic party was not organized in 1840, settle as to the precise point of time at which·the democratic party whether ·m y fliend says so or not ; the w big party was not organized ceased to be a party of progress and ceased to exert itself on behalf in 1840, whether my friend says so or not. I hold him responsible for of the public good. Very strong arguments might be made in favor exactly what he has said and what the RECORD shows that he bas of several different dates. The Senator from Ohio may be somewhat said, and I am not to be drawn here to-day into any remarks against mistaken; it is possible the Senator n·om Connecticut is not entirely the republican party or republican men. Bot when the honorable right; but I think upon one point both the Senator from Connecticut Senator from Ohio tells this Senate again that Mr. Tilden was the as- and the Senator from New York a-! well as the Senator from Ohio sociate of Tweed, I might as well say the President of the United ought to agree, and that is that the river and harbor bill ought not States was the associate of McDonald. Sir, because a man has been to be recommitted to the committee; and I hope it will not be done. associated heretofore with an individual who in after days has turned Mr. WITHERS. If it be in order, I should like to say a word upon out not to be a man of high respectability, is he to be associated with the proposition properly before the Senate, the motion to recommit his crime! Not so. I make no charge; I make no assa!llt; I make the river and harbor bill. no attack upon the republican party or republicans. Enough for me The PRESIDENT pro tmnpm·e. The Senator is in order, specially ia it to say to my honorable n·iend that that matter shall be discussed in order. hereafter. He stood here triumphantly with the Senator from Indi- Mr. WITHERS. Fortified by that rUling of the Chair I shall pro- ana and defied my honorable friend from Delaware and my honorable ceed to a-ddress a few remarks to the Senate upon the subjects which friend from North Carolina to name a single fraudulent republican, properly come before it for consideration upon the motion to recom- any one man who had been guilty of fraud. He was told" many." mit the river and harbor bill with instructions. Why this particular Then, said he, "do not let us be general, bnt give the names." I do bill, which has sins enough of its own to answerfor, evidently, should not propose to name any body out of a thousand. I will let that mat- have been selected as the hook upon which to hang campaign speeches ter rest until hereafter, and let the honorable Senator fl:om Ohio, if he I am at a loss to discover, for certainly few bills have been discussed chooses, go upon the stump in his own State or any other State and in the Senate which in themselves are more entirely free from a polit-· talk about the purity of his party and of many of its members. ical complexion. 1f you will look back to the votes which have been Mr. KERNAN. Mr. President, I am not going to enter into this given on this bill in its various stages; you will find the most sin~­ debate about party matters, for I am quite clear that at this stage of lar conjunction of political sentiments represented on the one s1de the session1 with appropriation bills unmatured, we had better de- and on the other; and certainly if the adage be true that misery makes vote ourselves to the legitimate work before us. Nevertheless, a~ us acquainted with strange bed-fellows, the river and harbor bill bas Mr. Tilden is a citizen of New York and has been referred to, I wish precisely the same effect so far as regards the political affiliations to say a word in reply to the Senator from Ohio. I think ! -speak which it produces. what I know, and I appeal to intelligent republicans and to the re- I am opposed to the motion for a recommittal. I believe that it publican press of New York as well as to my own recollection, when would be productive of delay and that it would protract still more I say that so soon as the frfl.uds in the city of New York were discov- indefinitely the time at which we shall arrive at a solution of this ered-and I remember very well when I first knew of them in the question. What would be the effect of a recommittal f The com- early part of August, 1871-Mr. Tilden then consulted with gentle- mittee would have to go to work and re-adjust the whole bill from men in the State in reference to them. I can say this of my own beginning to end; and when they had labored as assiduouely a.s may knowledge. He .and Governor Seymour and other gentlemen at that be in their power and presented their bill, it would be subjected t.o time were decided that as those guilty of these frauds were of the precisely the same criticism and be obnoxious to the same amend- party. with which they and I acted, we should immediately take the ments which have been ingrafted upon the bill which they did pre- stand that they must be turned out of that party. I remember very sent, and we should be no nearer an end than we are at this very well at the democratic State convention that fall, Mr. Seymour and moment; Iiot so near in fact. We have already ingrafted upon the Mr. Tilden were there as delegates, and they insisted, and the result bill, I hope, all the amendments which are likely to be proposed to it; was to exclude from that convention the .regular representation of and if any others are to be suggested, now is the time and here is the what was known as the Tweed organization in New York City. place to present theJ41.. The Senate have the bill now entirely before Mr. DAWES. Mr. President- them, and they can shape it to suit their ideas of propriety and ex- The PRESIDENT pro tempo1·e. Does the Senator from New York pediency and justice. yield to the Senator from Massachusetts T I have a single word or two to say in reply to some of.the Senators Mr. KERNAN. Let me get through. in this Chamber who have undertaken to lecture and reprove Senators Mr. DAWES. I want to get a little information; I am in search here for sustaining appropriations for their own particular sections. of light. I always hold myself amenable to reproof, and submit to it patiently Mr. KERNAN. Very well and quietly where the party who assumes the power to reprove is Mr. DAWES. I understand the Senator to say that Mr. Tilden, himself stainless in respect to the offenses for which he undertakes to Governor Seymour, and other leaders of the party consulted, and de- enact the part of Mentor. I have, and would have, much more faith termined that Mr. Tweed most be turned out. Can t.he Senator give and a stronger belief in the sincerity of Senators when they announce me the precise date of the last time Mr. Tweed was elected to the the existence of conscientious scruples as to the constitutional power of Senate of New York by the democracy of New York f the Senate to pa.ss these appropriations for the improvement of rivers 1tfr. KERNAN. He was elected to the Senate of New York in his and harbors, if I could find in one single instance that the Senators who djstrict in the fall of 1871. play the part of Mentor and of reprover have voted against a proposi- Mr. DAWES. The November after t.his convention f tion or an amendment appropriating moneys for rivers and ha.rbors in Mr. KERNAN. The November after, and after atthe State conven- their own States. If they will get up and show me one single instance tion the delegates representing his organization were excluded, and where they have voted against propositions for the improvement of expressly on the ground of the fraudulent and corrupt conduct of their own rivers and their own harbors, I will sit and quietly receive Tweed and his aSBocill.tes. their reproof ; but, until that is done, I respectfnlly refuse to be lec- Mr. Tilden acted from that time onward against Tweed. For rea- tured by them. We haye it narrated in Holy Writ that when the sons that I will not stop to state, Mr. Tweed was able, as many an- woman was brought forward in order that she might receive the con- other man has been who plunders the public and uses money and uses demnation of our Saviour, He, knowing whereof HespQke, said, "Let temporary influence to get elected, to secure his election, but be never him that is without sin amongst you cast the first stone." I occupy took his seat. During that canva~s, however, if you will look at the that position here now. I say to my ·colleagues in the Senate of New York press, you will find that Mr. Tilden openly denounced him either political party, "Let him that is without sin in this respect and all his corrupt aBBOciates. Mr. Tilden himself ran for the assem- cast the first stone;" but let no man who is conscious of having voted bly with a view of bringing these corrupt men and the corrupt judges for appropriations for his own section presume to lecture me for hav- to justice, and he was elected and did what he could to that end. ing done the same thing for my section. The most notabl~ example I say this not because Mr. Tilden is a nominee for the Presidency, wa~ by the Senator from Maryland, [Mr. WHYTE,] who I regret to but because he is a citizen of the State whence I come. I think I see is not now in his seat. He made one particular amendment., in could appeal to the New York Times and other pa)?ers in that city iu which my own State was interested and in which I felt myself a. deep confirmation of what I state. They contained artlcles stating in sub- interest, the subject rather of ridicule and satire when he broug~t 4784 ·CONGRESSIONAL RECORD-SENATE. forward the improvement of the New River as an illustration of the discussion, without the pos~?ibility of amendment, ·but taken as it is extreme and very objectionable length to which amendments on this prepared by these two or three men in this way. bill had been agreed to; yet at that time the voice of my honorable The bill comes to this branch and another method is adopted here. friend from Maryland had scarcely ceased to ring around the walls of The bill thus framed is referred to a committee, and the committee this Chamber advocating an amendment which he himself offered of examine it, consider it, and undertake to adapt it to what they un- $150,000 for the improvement of the Upper Potomac above the forks derstand to be the views of that department of the Government of the stream. I undertake to say in tho fa{)e of the Senate that if the which is responsible for its distribution. They bring it before this whole waters of the Upper Potomac were turned into New River body, where there is nothing tuse and who Notwithstanding all that absolute demonstration of its infidelity and had nothing to say in reply should have reproduced it as an authen- incorrectness and absurdity upon its face, it was produced last week1 tic document, fairly and properly stating to the country the civil I think by the same member, precisely as he originally produced it. service of the United States now as contrasted with tha.t service in 1859. The Senator from North Carolina has been led ·a stray by adopting it, One other table was used by the Senator from North Carolina, and and it was produced here tho other day. .A. single glance at it will to that I desire to call his attention. The heading of the table is: show how utterly absurd is the statement. Take the Navy Depart- Summary and comparative statement of expenditures or appropriations in the mentt.for instance, and see what this table shows the increase in t.he several branches of the public service named m the fiscal years from 1868 to 1875, civil Jist of the Navy Department to be, year after year from 1859 to respectively. 1873, when this table was made out. It begins with a total of 92 in I call the attention of the Senator from North Carolina and of the 1H59, 98 in 1861,138 in 1863, 141 in 1865, 163in 1867,173 in 1869,201 in Senate to this statement of" expenditures or appropriations." Which 1871, a gradual increase· as everything had increased. Then in 1873, does he mean f There is a good deal of difference between them. I 8,241, leaping from 1871 to 1tl73 from 301 to 13,241. desire first to call his attention to the wide difference between this Mr. EDMUNDS. That is the statement of the tableT statement and the appropriations for those years. I have an official Mr. D.A.WES. That is the statement in this table which the Sen- statement of all the appropriations for each of those years which I ator from North Carolina had read to us the other day. will, with the permission of the Senate, have printed in the RECORD, Mr. RANDOLPH. May I interrupt the Senator to inquire from the footing of which I will ask the attention of the Senate to as com- whom does that statement originateT · pared with the footing in the table offered by the Senator from North Mr. EDMUNDS. From everybody's clerk. Carolina. Mr. D.A.WES. I will go through it, and come to that in a moment. Nom.-The statement referred to is: Everybody knows that if 201 was the full statement of the table of 1868.-Second session Thirty-nintlt Oongress. the civil list of the Navy in 1871, 8,241 could not have been the civil RECAPITULATION. list in 1873, because no such great increase as that was possible with- Deficiencies for the year ending J nne 30, 1867 .................... .. It, 135, 95.1 62 out having been spread by a law upon the record here. You cannot Post-Office Department for the year ending June 30, 1868 .••••••••• 19, 133, 000 00 create by [tat at the other end of the .A.venue these officers; They are Pensions for the year ending June 30, 1868 ... . ..................... . 33,280,000 00 the creation of law. The whole Navy, if I remember aright, all told, MH Consular and diplomatic for the year ending June 30, 1868 ......... . l, 425, 454 00 itary Academy for the year ending June 30, 1868 .•...••..•••• _•• 368,913 00 is 8,500, and 8,241 is put down as the civil list of the Navy. I will not Repair, completion of certain public works ....................... . 4, 702, 781 70 detain the Senate by going through all the Departments. The War De- Legislative, executive, andjudici~ for the year ending June 30, 1868 23, 400, 191 89 partment was 336 in 1859, 823 in 1861, 1,419 in 1863, jumping up from Sundry civil expenses for the year ending June 30, 1868 •••.•••••••• 5, 307, 191 38 823. Take the Post-Office Departme11 t, which has a very large civii list. Deficiencies for the year ending June 30, 1867 ..••..•..••••.•••.•••• 10, 493, 439 05 Army for the year ending J nne 30, 1868 .•.... - .................... . 23, 874, 454 00 Here, as I read these figures, it fradnally increased as the country Repair of public works year ending June 30, 1868 ................. . 1, 290, 000 00 increased from year to year, unti it came to this fatal spot, and then Naval service for year ending J nne 30, 1868 ...................... _. 16, 288, 244 01 leaped u.p. The Post-Office Dep:lrlmenthad a total in 1859 of thirty- Indian Department for year ending J nne 30, 1868 .••••.••••..••.•.• 3, 042, 003 86 eight odd thousand; in 1861, thirty-nine odd thousand; in 186'3, thirty- Miscellaneous ........ ···- .••.• ~ .... _.............................. . 1, 421, 16J 46 ei~ht thousa~d and a fraction_; in 1865, nearlY: forty-one thousand; in 145, 162, 789 91 1867, 42,000; m 1869, 41,000; ill 1871, 43,000; ill 1873, 60,225. 1868.-.First session Forti~th Oongress. Mr. CRAGIN. If the Senator will allow me, if his table is like the one I have before me, he will find that the Post-Office Department Object of appropriations. Amount. Total leaped up to 86,000 in 1873. Mr. DA.WES. The Senator from New Hampshire is reading a dif- ferent column from me. I think I am right. How came the gentle- Amount broughtforward ......................... __ ... $150,000 00 $475,151 92 To enable the -secretary of the Interior to subsist such man who first invented this table to fall into tnis errorf The Senator friendly Indians as may bave separated or may here- says it is taken fi;om the Biennial Registers, and so it is, but how is after separate themselves. from the hostile bands or a. Biennial Register made up f Up to the time indicated when this tribes and seek the. protection of the United States... 300, 000 00 450,000 00. great change was made, this alarming increase in the civil list, the Biennial Register conta.i ned only the names of those whom everybody By the act to carrt.J into eft.ct the cemvention with there- would fix upon as belonging to the list, officers holding commissions public of Venetuela jor the- adjustment of clo,irrt8of citi- and in t.he service of the United States, about which there was no ques- zens of lhe United States on the government of that re- tion. After that some ambitious and enterprising editor of the Bien- public. nia~ Register thought, for purposes wise and convenient to those For carrying out the provisions of thjs act...... .. . • .. . . • • • •• •• • • • • . Indefinito. IV-300 4786 OONGRESSIONAL RECORD-SENATE. JULY 2i, 1868.-First Ses&ion, Fortieth Oong1·ess-Continued. 1873.-Fi1'st session Forty-second Oongress. RECAPITULATION. Object of appropriation. Amount. Total. By the act making appropriations for deficiencies, &c.............. $1, 239, 293 11 Iri whieh are included appropriations of the follow- ing character, namely: Unexpended balance of ap- 1 By the joint resolution to carry into effect the several acts propriation for Senate Select Uommittee on .Alleged p1·oviding far the mare eff£Cient government of the rebel Ontrnges tn Southern States . • . . . . . . . . . . • . . . • . . . • • Indefinite. 1 Swtu. For the purpose of carrying into effect th~ above- Unexpended balance of March 3, 1869, for the pur- chase of building known ns the Club House at Chll.rleston; covered into the-Treasury and re-a.ppr(). l named acts ..•••••.••.••..••.•.•.••••••.••.•••••.•••.....•••••••••. ~1, 000, 000 00 priated ..... ......... .......... . . . . ....... ...... .• .Appropriation in coin............................... 221 $9,735 12, 000 00 Total............. • • • • • • • • • • . • • • • • • • . • • • • • • • • • . . • . . • • • • • . • • . • • • 1, 925, 751 92 :For cust~m-house at Saint Paul, being the balance of an appropriation for that building standing to i~ credit on the books of the Treasury...... . . • . . . . . . 35, 1G3 65 1868.-Second ses~twn Fortieth CcngreBB. .Appropriation by act of March 3, 1869, for pnblio buildings in Omaha, re-appropriated . • • • • • • • • • . • • • 25, 000 00 RECAPITULATION. Miscel.lruieous approprintions .................................... ~. 14,807 64 Deficiencies for the execution of the reconstruction laws and for Quartermaster's Department for year endin~r June 30, 1868....... 81~ 839, 196 21 Tot.'\1 ........................................................ 1, 254,100 7:1 :Military .Acauemy for year ending June30, 1869.... .•.•.• .•• .•• . . •. 27G, 512 00 1813.-Second session Fo1·ty-secrmd Oongresw. Post-Office Department for year ending June 30, 1869........ ... ••.. 21,069,000 00 Consular and diplomatic expenses for year ending June 30, 1E69. ••• 1, 212,434 00 UECAPITULATION. .Army for year ending June 30, 1869. .•• .• ....•• ..•••• ..••••. ••.. .• • 33,082,093 00 For the payment of in vnlid Mld other pensions for the yexr ending Nav:il sernce for year ending June 30, 1869.... ...•.... •. .. .•. • . . .• 17,356,350 00 June 30, 1873 . .................................................... $30,480,000 00 Le!!iRlnti~e, executive, and ~udicial for year ending June 30, 1869.. 17, 906 .U7 09 For the legislative, executive, nnd judicial expenses for the year Sundry civil expenses for year ending June 30, 186!L........ .••••• 8,174, 979 66 on ding Jirne 30, 1873............ .. .. .. . . . . . . . . .. • . ... . . . . .. .. . . . • 18,671,785 74 Pen1-1ions for year ending June 30, 186!1 . ..... ..•••• .••••• ........ ..• 30,350,000 00 For defi:cienci68 for the ye.'\r ending June :iO, 1872, and for former De11ciencies for the year ending June 30, 1868. .. . . . . . • . .••• •• ••.••• 4, 163,026 6<1 years, and for ot!ter purposes .•.... :............................. 6, 045,259 96 Indian Departme,nt for the year ending June 30, 1869...... •• . ••• •• 3, 847, 528 45 For t-he naval serv1ce for the year ending June 30, 1873............. 18, 296, 733 95 :Miscellaneous...................................................... 10,274, 448 80 Forconsula.randdiplomaticexpensesfortbeyearenclingJune30, 1873•• 1, 219,659 00 For the llilitary .Acallemy for the year ending J one 30, 1873. . . . • . • • 326,101 32 Total........................................................ 160, 551, 885 85 For the Indian Department for the year ending June 30,.1873. •••••• 6, 349,462 04 For fortifications • • . • • . . . . . • . . . . . . . • . . . . • . . . • • . .. • . . . • . .. • . • • . . • • • • 2, 037, 000 00 1810.-Third maion Fortieth Oongre88. For the Post-Office Department for the year ending June 30, 1873. •• 28,519,341 84 BBCAPITULATION. For the Army for the year ending June 30, 1873.. •. .•.••• ••••••. .• . 28,683,615 32 For rivers and harbors . . • . . . . . . . . . . • • . . . . . . • . . • . . .. • • • • • . • . . . • . • . • . 5, 588, 000 00 :Military Act\demy for the year ending June 30, 1870 •.•••.•••.••••• $274,488 88 For sundry civil ~enses for the year ending June 30,1873, and for Pensions for the year ending June 30, 1870 ......•• ..•••••••••• ••• .• 19, 250, 000 00 other purposes . ..•..•••.•... .•• .•••.....•••••••••..••••.•••••.••• 20, 148, 413 90 Navnlservice for the year ending Juno 30, 1870 .........•.•..•. .... 15,~,246 00 MiscelliUleOilB .................................................... . 7, 129,642 48 Legislatiye: executive, anll judicial for~he year e~ding J nne 30, 1870. 20,354, 77.( 7G Sundry civil expenses forth" year ending June 30, 1870 .••.•••••••• 9, !>i6, 228 81 Tot.;tl ........................................................ 173,495,015 55 ----- Deficiencies for the year ending Jtme 30, 1869 ..• ....•.•.•••••.•.••• 20, 763, 2i0 98 .Armv for the year ending Juno 30, 1870 . ................••••.•....• 33, 350, 893 20 1874.-Third session Forty-second CongreBB. Consular· and diplomatic for the year enufug June 30, 1870 .•••••... 1, 110, 734 00 RECAPITULATION. Post-Office Department for the year ending June 30, 1870 .. ....... . 30, 279, 153 00 By the act making appropriations for the payments of invalid and M.iscellaneo11s .................................................... . 527,988 31 other pensions of the United States for the year ending June 30, 1874 .................................................... ··••· ..... 130,480,000 00 Total. ....................................................... 151, 719,777 94 By the act making appropriations to supply doflcioncies in the ap- 1870.-FI:rst session Forty-first Oongress. propriat.i ons for t-b e service of the Government for the fiscal year ending June 30, 1873, and other purposes......................... 1, 699,833 82 UECAPITULATION. By the act malcing appropriations for tho o~enses of the lnllian De- Deficiencies for the year ending June 30, 1869, and ad- partment and for fulfiliing treaty stipnhtions with various Indian ditional appropriations for theye.1.r ending June 30, tribes for the yearendingJune30, 1874, a.ndforotherpurposes . .. . 5, 541,418 90. 1870 . ....................•...........•...... . ... .... $2, 913, 738 62 By the act making appropriations for the lewslative, executive, and Indian Department for the year ending June 30,1870. 6, 12l, 004 81 ,judicial expenses of the Government for the year ending June 30, Rivers an49, 2.'>8 40 By tho act making appropriations for certain fortifications and other For sundry"civil expenses for year ending June 30, 1871. •••••..•••. 13, 447, 721 70 works of dofense for the year ending June 30, 1874. ......... . .. •. 1, 899,000 00 For deficiencies for years ending June 30, 1870 and 1871 ...•..•.••.. 2, 087,214 43 By tho aot making appropriations for the payment of claims reported For the .A nny for year ending Jiule 30, 1!:!71. ...................... . 29, 321, 367 22 allowed by the commiasioners of claims nuder act of Uongress of For the Na':Y for yeat· ending June 30, 1?71 .. ..................... . 19, 250, 290 2\) March 3, 1871. • • . • • . . . . . . . . . . . . . • . • . . • • • • . . . • . . • . . • • • • • • • • • . • • • • . • 7e!l. 083 8G ]'or tho Indian D~artmont for year ending June 30, 1871. ••..••••• 6, 324, 164 16 J.fiscellaneous.......... ...... •••••• .••••••••••••••••• •••••••••••••• 2, 565,740 31 Miscellaneoll8 ..................................................... . . 4, 916, 645 72 Total • • • • • • . • . . . . • • • • • • • .. • • • . • • . . . . . . • . • • . • • .. .. • • • • . • • .. • • • 197, 920, 297 38 Total................... . . .. • • • . • • • • • . • • .. • •• • • •• • • .. • . .. • . • • 161, 533, 823 15 1875.-.1\rit session Forty-third Oongreu. 1872.-.Thif'd session Forty-first Oongress. llXCAPITULA.TION. UECAPITULATION. By the Mt making appropriations for the payment of pensions for For the paYlllent of invalid and other pensions for the year ending the year ending June 30, 1875 . . ...... ........................... 629,980,000 00 June 30, 1872 .................................................... . $29,050,000 00 By the act making appropriations for the legislative, executive, For the Military Academy for tbe year ending June 30 1 1872. .. • . . . 316,269 50 and judicial expenses of tho Government for the yen.r ending J nne For consular and diplomatic ~xpeiJSes for the year ending June 30, 30, 1trt5, and for other p1uposes.................... . . • .. . .. . . . . . . 20, 783, 900 80 1872 . . . . . . . . . . . . . • . . . • . • . . . . . • . • . . . . . . . .. . . . . . . • . . .. .. . . . . . . . . . . . . 1, 466, 134 00 By the act makin~ appropriations for the expenses of the Indian De- For tbe legislative, executive, and judiciru expenses for the year partment for the year ending Juno 30, 1875, and for other purposes. 5, 680, 651 96 F~~~~~fyu~~v~fe~!~~~- !o~- tile. "Y~ar -~·g· j~~............... 19, 518, m 24 Byservice the aot making appropriations for the consular anu diplomatic of tho Go>ernment for the year eniling Jnne30, 1H75...... 3. 404,804 00 30, 1872 ............................................ $'>..3, 421, 773 86 By tbo act making appropriations for the support of the Milit-ary Unexpended balances re-appropriated............... 500,000 00 .Academy for the year ooding June 30, 1875.. .......... .......... $339, 83j 00 Transfer on books of the Treasury.................. 200, 000 00 By the act making appropriations for the repair, preservation, and Heretofore appropriated . . . . . . • • . . . • • • • • . • • • • • • • . • • • 20, 000 00 completion of certain public works on rivers anu harbors, and for - - - - - 24,161,773 86 other purposes...... . . . . . . . . . . . . . . • . . . . • . . . . . . . . . . . . . . . • • . • . . . . . . 5, 218, 000 00 For deficiencies for the years ending June30, 1870 and By tho act making appropriations for the service of the Post.O.ffi.oo 1871, ancl for former years. and for other purposes. $11,263,131 04 Department for the year ell ding June 30, 1875... . . . . . • . . . . . . • . . . • 35, 756, 091 00 Half-yearly appropriations for expenses of collecting By the act making appropriations for the support of the Army for the revenue from customs ........• -~.............. 2, 750,000 00 the year ending June 30, 1875........ .•. ... .. .• . . .••••.. ••. ...•.• 27,788,500 oo 14, 023, 131 04 By the act making appropriations for tho constructioll, preservation, F~r the Army for year ending June 30, 1872 ... ..••...•...•.•..••... 27, 719, 5<: 0 00 and repair of certain fortifications und other works of defense for For the Navy tor year ending June 30, 1872 . ....•......•..•.••...•. 19, 832, 3I7 25 the year ondiug June 30, 1875 .. . . .. .... . .... -.................... 904, 000 00 For public works tor year cnUing June 30, 1872 ..............•..... 4, 407, 500 00 By the act making appropriations for the naval service for the year For Indian DoJlar! mentfor year ending June 30, 1872 .......•..•.•. 5, 448,540 96 ending June 30, 1875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 813, 946 w Fo-' ;t?.ost-Offic~ Departm.ant fpr l'e.'lr emling June 30, 18i2 .....•..•• 213, 032, e!l8 00 By the act making appropriations to supply deficiencies in the np- :J!'~l' fortifications for year ez.u11ng Jm:te 30, 1872 ..•••.••••.•.••.••.•• 1, 627, 500 00 pro~riations for the service of the Government for the fiscal years l{iscellaneollB ......................... 7 : . . . . . . . • • • • • • • • . . • • • • • • • .. 1, 261, 2.. 8 80 endmg June 30, 1873 and lti74, and for other purposes............ 4, 083, !)14 26 By tho a{)t making appropriations for sundry civil expenses of the Total ................... ~-· .·-~·· ••.. , r · :~~~ -· ................ 174, 8G5, 082 65 Go~ernment for the year ending June 30, ur.a.................... 27,009.744 81 1876. CONGRESSIONAL RECORD-SENATE~ 4787 By tho act m11king nppropriatlons for the payment of chl.imR rl"port- tables upon the record at this time, to show not only the unreliabil- ed allowed by the commissioners of claims under the :let of Con- ity of the figures which the Senaturfrom North Carolina had nseu, but gress of March 3, 1871...... ... .. . . . . . . • . . ... . . . . . • . . • . . . . . . ..•. .• $66..1, 768 82 also that other purpose of showing whether the Congresses for the last By tho act making appropi·iations for the em~tordinary C:qlense:J of the naval service.... . .... . • . . • • • . • • • . . • • • . . . . . • . • • . • . . • • . . . . . • . . 4, 000, 000 00 eight years had been faithful in this efl:ort of theirs to answer the Misoel.lancons .•••••.••••••••• . ••• ••.• . •••.••••••••.••• . •••..••..••. . 1, 257,845 31 call of the people for economy in the public service. Now, when after the work of thiH Congress shall ha.ve been complet-ed, that is, when Total....... . . . . . . • . . • • . . . . . • . . . . . • . . . . . . . . . . . . • . • . • . • • . • • . . . . 183, 685, 002 16 deficiencies shall have been supplied a.fter the end of the fiscal year, · 1876.-Becoad sesrion Forty-third Congress. I have confidence that is not shaken at 8.11 by professions that the ' RKC.AI'ITUI.ATION. work of the years and Congresses that have passed will not sn.ffer ·For pensions. . . . . • • • . . • . • . • • • ... • . . . . . . . • . . . . • . . . • • . •• • • • • . • • . . • . . . . $30, 000, 000 00 in comparison with that of the present Congress. J!'or legislative, exocutivo, a.ndjudici&l expenses... . ..... . ....... . . hi, 902, 236 99 For Indian servi.oo. .... . . .. ..••. ... . . . ..• . .• .. . ... .. .. .. . . . . .. . . ... 5, 360,554 55 Mr. .MERRIMON. I ask loave to trouble my honorable friend with l<'or sundry civilexpensea .• • • •• •• • •• • .••. • • • •.•... . •.•••..• . •.•.•• ~ 26, 644,350 09 a quest.ion. I wish to Mk him wh9ther about the time the table was For deficionciCR . . . . . • • • • • • . • . . • • • • . . . • . • • • • • • • • • • .. • • • • . . • • • • • • . • • . 4. 703, 699 1!:! produceu to which he has referred and which I incorporated in my For rivers and harbors . ...... .. .......... .. ... . .. . .... .. ........... 6, 643,517 50 remarks the other day he did not himself in a cert,ain place deliver 31 ~~~ ~r::::::::::: : :::::::::::: : :::::::::::::::::::::::::::::::: i~: ~t ~~ ~ very able speech in which he exposed the irregularities and the ex- Fo1· consular and diplomatic service.. . .. . ..... . ... . .. . ... . ........ 1, 374,985 00 travagances practicecl by tho existing Administration, and whether :For Post-Office................ .. . . .... . . .... ..... .. ..... . ... . ...... 37, :.i24, 361 00 his speech did not at that time create a very consiclera,ble sensation For Military Ac..'\dcmy.......... .. ..• . . . ••.... . . .•••• ..•• . •• . ••.•.. 364, 740 00 in republican quarters as well as throughout the country, and his l'or fortifications . . . . . . . . . . . . . . • . • . . . . . . . • . . . • • . • . . . . . • . • • • . • • . . . . . E50, 000 00 For awards of commissioners of claims....... . .................. . .. 7~J, 653 62 speech was strongly animadverted upon by persons who were not ex- · Miscel..llineous . • • • • • •• • • • • . • • • • . • • • . • • • • •• • • • • •• • • • • •• • • • • • . • . • • • • • l, 1:$3, 275 57 actly pleased witu it Y Mr. DAWES. I do-not know to what tho Senator alludes. If I may Total for t.be year ending June 30, 1876 ..•.••• •• • •• • • •• •• ••••• 179, 1GG, 209 90 be allowed to alluuo to what I have tried to do myself sinco I have It will be observed that the Senator's table is not foot.ed up. I have been in Congress, I woulli state· tllat I set out a great many years ago taken the libert~· to foot it up, and his table of "expendituresornppro- with a rule from which I have never departed, that I would hunt out priaiions" for each year I will compare with this official stat-ement. auy waste of mone.v or any fraudulent transaction of an,v officia~ For 1868 the Senator has it $221,171,256.30. The official ~tatement whether friend or foe, witl10ut distinction, and wherever I saw th~ of the appropriat-ions for t.bat year, including the deficiency for the bead of a rogue I woulli hit it and wherever I saw that it was possible year before, is $145,1G2,788.9'i; $145,000,000 against 221,000,000. I to save a dollar of the public monc~y I would do it; and I remember have also the objects for which tlle appropriations were mauo. For on diiferent occasions-I do not kndw to what particular occasion the 1869 the Senator's table gives a total of $H:l6,593,085.9l. The official Senator from North Carolina, alluues-but f remember on several occa; st.atement. is$160,551,Htl5.~. For 1870 the Senator lla.s$160,931,340.64; sions, after a very great deal of stndy and examlnatiou, I did think and the official statement iR $162,&5,721.37. For the year 1871 tho that there were points upon which au improvement in the public Senator's ta.ble i~ $152,414,678.09; t.bo official statement is $161,5:3:.3,- servico could be ma.de, and I held up those points for the consider- 8'23.15. For 18721le bas $156,058,947; the official statement is $174,- n.tion of the bouy o:f which I was a member, and I had the gratifica- 86.'>,082.65. For 1873 he bas $181,699,444.75; th~ offieial statement is tion to know that that body in the main co-operate(l with any feeble $173,495,015.55. For 1874 t.he Senator has $1~&,334,707.26, while t.lte effort on my part in the line to which the Senator has directed my at- official statement is $1!>7,920,297.38. For 1875 the Senat.or ha.1,- tention. 93(},526.08; the official statement is $183,685,00:2.16. Eighteen hnn- Mr. CRAGIN. Mr. President, my att.ent.ion was attmcted to one of drou and seventy-six tlle Senator has not in his taule, und I give him the tables referred to by my honorable friend from Massachusetts, the appropriations for that year at $179!166,209.90. the one in relation to "the number of employes borne upon the civil I speak of this to show the ntter want of reliability in tho ta.ule list of the United States from 1859 to 1875, inclusive, compiled from which. some gentleman has furnished the Senator from Nortll Caro- the Biennial Registers," a.nu a moment's examination of the Biennial lina, for I know tl1e Seuator's desiJ:e for accuracy wonlu have led him, Register itself, without any reference to what was said in any other if be had done the work himself, to be more accurate. He bas done part of this Capitol, convinces me of the total unreliability of this just precisely what I do myself. I employ otllcrs to gather np these statement. The Senator from Ma.ssachut~etts has refened to it only figures. I have here the expenditures for those years, anti I desire to down to 1873. In this table presented by t.he Senator from North put them upon tho record . The net ordinary expenditures, not includ- Carolina he has a column under the year Hl75, and in that column mg tllose for the interest on the public dobt and those which are per- be places· the number of civil employes in the Navy of the Unitetl manent expenditures, a1·o as follows: States at 10,105, as derived from the Biennial Register. I took up the Repo-rt of the Secretary of the Treasury, 1875, Forty-fourth Congress,jirst Biennial Register-I hold it in my hanu now-and in this Biennial session, Executive Document No. 2. (Table H, page17.) Register for 1875 there are only 145 civil officers of the Navy insteau NET ORDThARY .&XPKNDITURES. of 10,105, so that this statement is in error only a.bout ten thous::m u! 1868 .... .. .. . ....... . ... . ........... .. . .. ..... . .... .. ...... . .. . ... . ~. 915, 0~8 11 Then I looked at the War Department. Under this beau of 1875 1869 . • .• ••.•••• • .•.••.•••••.••• . • , . • • • • • • . . • . . • • • • • • . • • . • • . .. . • . • . • 190, 4.90, 354 95 we arc told tllat there are 4,720 civil officers in the War Department 1870 ................. . ... . .... .. ..... . ....... .. ... ... ............ . . 164, 421,50715 as compiled from tho Biennial Register. I have taken the trouble 1871. ... . ....... . . . . ................ ... .. . ... .. ....... ... .... . ..... l:.i7,5S:J,R:.!7 5.3 1872. ••••• • •• • •••••••••••..••.• •. •••.••• .••• •• •••• • • •• •• ••• •• .. . • . . 153, 201,856 19 to count up the number of civil officers under the War Department 1873 . ...... . ... . ............ . .......... . .. . . : ••... • ..••••••. •• •• .•. 180, 4&!, 636 90 as embmcou in thia sameRegisterof 1875, and I make 2,8G9asagainst 1874 ... . ........... . . . .... . .. .. . . .. . .. . ... ..... . . . • • ·••• . • •. •••••·• 194,118, 9i35 00 4,7:20, as in the table presented by the Smmtor from North Carolina. 1875 .•• . •••.. • •••••.••••. - . • • • . • • • • . • • • • • • • • • • • • • • • • . . • • • • • • • • • • . . . 171, 529, 841:! 27 I am wholly and totally at a loss to know how tlle Senator from I have uone a11 that I desired to do in rising in correcting the fig- North Carolina out ained his information t.hat the1·e are 10,105 civil nres of the Senator from North Carolina, but I may be pe:rmitteu be- employes in the Navy of the United States, and especially as the fore I sit down to cnll attention to one single fact in this connection, table ·gives us to understanu that this infoimatiou is taken from the that all along from tho ye..·u· 1869 to tho year 1876, every year except Biennial Hegister. I went directly to that source and found readily ono exceptional ye.'lX, there has been a constant decrease in the ap- that he was greatly iu error. I havo no doubt the Senator from North propriations n:nd also in tho actual expenditures of this Government, Carolina intended to state accurately the facts as presented in this the appropriations starting out in a reduction of something like ten table, but he certainly is very much mistaken so far as the War or twelve millions tlle first year, and averaging from five to ten mill- Department is concerned anti so far as the Navy Department is ions eacll year all along with the exception of one year, where there concerned. was a failure t.o make nny reduction in the expenditures; anti I have It will bo observed in this table that in 1869- and I do not propose to s..'ly in connection with that, as well as with thi~ table of actual ex- to travel over tho ground occupied by the Senator from Massachusetts pend~tures, that the measures of reform, as they are called, to which to any considerable extent, as he has made my speech almost exclu- we are iuvite~l at this time come upon tho heel of eight years consec- sively ou this particular taule-in 1869 t.be total of the civil employes utive faithful application of the principloof reform andcnttingdown of the Post-Office Department was 41,346. In 1875, six years later, of expenditures in every department and in every branch of the pub- the table of the Senator from North Carolina ])lakes the total 65,726, lic service consistent with its efficiency and its faithfulness. Any at- or an increase of more tban 24,000 civil officers in the Post,.Office De~ tempt now at any radical and serious reduction in the appropriations partment alone in six years. We all know on a moment's reflection for the necessary civil service of this Government will :find this diffi- that that is an utter impossibility; and to account for that in part I culty in its way: it will be applied to a servicewbichhas been under have exnmined the Biennial Register of 1869 and that of 1875, and I t.b e supervision of committeoofor eight years whose sincere desire and find in the Biennial Register of 1875 that the names of a very large whose earnest effort has been from the beginning, where veT there was class of employes are enumerated that are not referred to at all in a dollar of public money that could be saved, to cut otf that dollar the Register of 1869. :I!.,or instance, I find in the Register of 1875 over from the appropriations, and the effort has been successful. And, siT, seven thonsa.nd mail contractors given by Statl\s, and they are not in I have little confidence in that proclamation of a reduction of expend- the Register of 1869 at aU. Tboir names do not appear there at all; itures by $50,000,000 which heralded in the work of this session of but they do appear in 18i5, and of course swell the list to that extent. Cono-ress from the mouths of those who had had no experience in this I find also in the Register of 1875 "special mail service," whicll em- work, and who, although themselves members of the House and of the braces over two thousanu persons. That is the same class of persons Senate, during all this effort had failed in the years that were past to referred to by the Senator from Massachusetts who received all the point out one single spot in which a dollar could be saved without way from fifty cents and np during the year to $10. Then in this being accompanied with crippling or curtailing the public service be- Reg~ster of 1875 is a head called "special mail agents." ~hat is a yond that which wise and broad and prnaent statesmanship woulcl d:lsA of men who carry the mail from depots to the post-offices where justify. I had in view, therefore, a douiJle p~upose in putting these tho distance is over a certain number of rods; and there are about 4788 CONGRESSIONAL RECORD-SENA'£E. JULY 21, four thousand of those, whose names are spread out in this Register, Mr. MERRIMON. I repeat what I said a moment ago, that !have and they do not appear at all in the Register of 1869. That goes to _ not examined the _Blue Book, as it is called, in detail. show how this increase is accounted for in the Post-Office Depart- Mr. EDMUNDS. Would it not be a good thing to do it before you ment. I make up 15,000 of these three classes-mail contra.ctors, make the statement! special mail service, and special mail agents. Mr. MERRIMON. I made the statement in the way I mentioned It is so in the Treasury Department. The number has increa.sod a moment ago, and I have cited facts not denied tending to show that from 1869, 8,082, according to the Senator's table, to 11,316 in 1875, it wa.s substantially correct. I am not able to state all the sources while we all know there has been a gradual reduction in the officers from which the gentleman made up his table; but I cited this gen- . \ under the Treasury Department. We all know that the asse8sors of eral fa,ct, which the Senator from Masaachusetts does not deny, nor internal revenue and the assistant assessors have been abolished; do I believe that the Senator from New Hampshire will deny, that, if that the collectors have been reduced very largely, and that in the you ta,ke into the calculation everybody in the employment of the Department here and in the custom-houses throughout the country Government, the number would be much greater than that stated in there has been a very 111rge reduction since 1869. But in this Regis- the table which I produced and used. I mean by that to embrace ter of 1875 there are put in the employes of all the institutions under everybody employed in the na,vy-yards and by the Government in all the Treasm'Y Department, the laborers, the mechanics, &c., which are its Departments. I produced that table for two purposes: one was not included in the Register of 1869. That accounts for it. Though to show the rapid and unnatural increase of the number of persons the number of officers has been actually largely decreased since 1869, employed in the service -of the Government, and from this I inferred yet in making up this Register and bringing in the names of laborers that it wa.s illegitimate; :md thus I sought to show what immense and mechanics and so on in all the marine hospitals and other places power, what a vast army of retainers and dependents the party in throughout the country under the charge of the Treasury Depart- power could employ with a view to carry an election in a sinister way. ment the absolute number may have increased. My purpose was to show that by this means the offices and places of But I rose specially to call the attention of the Senator from North the country were prostituted or might be to disappoint and defeat Carolina to the statement referring to theNavy and Army a.nd to tell the Pen- the Navy and the Post-Office very largely more than the very book ator's estimate and that' of the table which I used grows out of the from which it purports to be taken; and that in the Army alone it is fact that certain sources of expenditure have been taken into this ac- three or four times as much as the book itself will permit- count which he did not take into his ace-ount; but the principal table .. - ... 1876. . CONGRESSIONAL RECORD-SENATE. 4789 that I produced the other day, and the one for which I vouched, I .Mr. MERRIMON. Now, Mr. President, all I wish to do is to cite have before me now. That is from official and unquestionable sources. the data from which that was made up. It is the statemertt of ex- It is made up from the record. penditures from the beginning of the Gflvemment to June 30, 1875, Mr. EDMUNDS. Which one is that f contained in the report of the Register of the Treasury for the fiscal Mr. MERRIMON. By inadvertence it was not incorporated in my year ending June 30, 1H75. remarks of that day. That is, the table which I am now going to Mr. ED~1UNDS. What is the number of the document f read. This table was prepared at the Statistical Bureau. .. Mr. MERRD1.0N. It is not numbered. It is one of the annual re- Mr. EDMUNDS. By whom f ports. Mr. MERRIMON. Compiled by Mr. Young, Chief of the Bureau of Mr. EDMUNDS. The separate report. Was it printed by Con- Statistics, or under his direction. I take it, therefore, that no one will gress f question its accuracy. It was taken with a great deal of care. Mr. :MERRIMON. Yes, it is one of the printed annual reports, Mr. EDMUNDS. Is thaL an official document that the Senator dated ''Register's Office, November 4, 1875." holds in his hand t .Mr. EDMUNDS. [Examining the document.] That is printed at Mr. MERRIMON. , I am reading frow a speech delivered by a friend the Department, not by Congress. · of mine in the other branch of Congress, and I vouch that this table Mr. .MERRI.MON. Printed at the Government Printing Office. I is correct. will send the document to the Senator so that he can verify the docu- Mr. EDMUNDS. Can anybody get a copy of that speech and of ment and the figures at his leisure. [Sending the document to Mr. the t.ablef EDMUNDS.] Mr. MERRIMON. Yes. I regret, Mr. President, that in reference to the other tables I am Mr. EDMUNDS. What is the number and name of it f not more familiar with the various sources and items of information Mr. MERRIMON. I do not care to be troubled in that sort of way; from which they wore .made up. I repeat what I said at the outset, and this, it seems to me, is not a respectful way to deal. I produce they have been used, and, as it turns out, repeatedly, by a gentleman this table, and I am going to incorporate it in my remarks. If it is of large experience and information and one who has tho reputation not accurate, the Senator from Vermont can show wherein it ie inac- of being very correct in what he says. Then I think the general facts curate. to which I have called attention show that he cannot be very much Mr. EDMUNDS. Whereabouts in the RECORD does this speech ap- out of the way. Indeed, his estimate is too small if we count all em- pear, so that we can find it f The Senator does not mean to suppress ploy6s of the Government. - his evidence, I suppose. Mr. LOGAN. I desire to ask the Senator~ question in reference to Mr. MERRIMON. I cannot point to the page. I cannot see the the table he produce.d the other day giving the number of employ6s materiality of that. I produced the table, and if the table is not of the Government, the increase from the beginning of the Govern- correct, the Senator can very easily detect th~ error or any false ment np to the present time. I understood him to say then that that statement. table had been prepared at the Statistical Bureau of the Treasury. Mr. EDMUNDS. Will the Senator let me see the table f Mr. MERRIMON. I did not. The table just read is the one pre- Mr. MERR.D10N. I Mk the Clerk to read the table which I send pared there, and if the Senator will turn to my remarks he will see to the desk. that I so said. Mr. LOGAN. If you give us the date the speech was delivered we Mr. LOGAN. I understood the Senator the other day to say it was may find it that way. prepared there, and I was satisfied it could not have been, and there- Mr. MERRlMON. I ask the Clerk to read the table which I send fore I asked distinctly so as to correct the misapprehension that I to the desk. I am astonished to see Senators so sensitive about a mi~ht have. matter that is so easy of verification. Mr. MERRIMON. I did not say so, nor did I intend to be so un- Mr. EDMUNDS. There is no sensitiveness on my part, I assure the dcrstoorl Senator. Mr. LOGAN. I found it in the speech, and I was satisfied it could .M.r. MERRillON. The Senator seems very captious. not be prepared t.here. Mr. EDMUNDS. I am rather suspicious of tables that have tumed Mr. MERRIMON. I did not say so; I made special reference to out to be so false as those which the Senator has already presented. the table just read. Mr. MERRD!ON. It does not appear yet that they are so false. Mr. LOGAN. Of course I misunderstood the Senator. I am glad When it does appear that they are so false by the record, it will be he makes that statement. . time to make such remarks as these. .Mr. .MERRI.MON. I did not say so, and am glacl to correct the in- The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The advertently erroneous impression on his IJlind. Clerk will read the table. Mr. LOGAN. Of course I misunderstood the Senator. I am glad The Chief Clerk read as follows: he makes that statement. Oivilli8t and net ordinary expenditure.~ of the United States Govemmen~ by ptri9 and 1tl61 and 1863 with 1871 and 1873 anresent pinch, as it was in the Chamber, and I am quite snre I am not mistaken about is so graphically described to us, this was the t1me, this should be him; I know I speak a verity about myself. When the biil had pro- the accepted opportunity, to appropriate millions for works which ceeded until the State of Michigan was reached, a Senator from that could be deferred; and when, with appropriations for many minor State took jssue with the committee. Then, upon a division of the works, the utility of which I must say I should doubt at any time Senate, tue committee was voted down. That process went on, I voting with an overflowing Treasury, the effort of the committee was to rid steadily with tho committee, until, as I remnrkecl once before, Monte- the bill of amendments for such works, and the judgment of the com- I'ey was reached. 'Vbeu the Senate voted down tho committee on mittee had extended so far as to say that the more · important works Monterey, I for one, like a. pa.triot, surrendered. I believe the com- in New York could also be deferred for a season, I bowed to the com- mittee had come then, including its own members, to possess seven mittee and voted for the report; but when I found that all the brooks, votes in the Senn,te. When it had come down to seven, I thought for all the sedgy streams, all the rills of mountain and meadow, which one it was not worth while to rise any more; and, therefore, I con- by lookh1.g through the report of the engineer I find described, aml f\ltllell my case and sat still. appropriations made for them in this bill, were to be restored, it seemed 1876. CONGRESSIONAL RECORD-SENATE. 4791 to me that it would hardly do for the Senators from New York to sit 1\Ir. COCKRELL. For the State of New York alone. I am not here and see invidious distinction made, quite contrary to the theory talking about the general bill; I am coming down to individual items . of the bill as it had come to be, against works of confessedly large .Mr. CONKLING. The truth is that the committee increased the ag- and general importance, as harbors on Lake Ontario surely are. When gregate of the bill $36,000, which was done by eliminating from the I saw that the bill contained in none of its phases or stages one single bUl tho worke which the committee thought were unimportant, cer- appropriation to be expended in the State of New York upon such tainly unimportant now, and putting in the omitted works the im· a stream as the Supreme Court has said is not a navigable river of portance of which tho committee deemed transcendent or at least the United States, is not a boundary river between States, is not a urgent. stream which the State may not dam, or bridge, or divert, or obliterate Mr. ALLISON. And on the recommendation of the engineers. if it chooses to,-when I found that there wae no appropriation in .Mr. CONKLING. And always on the recommendation of the engi- the bill for such streams as that in tQ.e State of New York, I felt all neers. Will the Senator from Missouri allow me one word further f the more free and all the more fully justified in moving to put bn.ck He has been very good-natureu in permitting me to interrupt him, the appropriations stricken out which relnted to works so large, so and I do not wish to tlo it.again . ~eneral, so national in their character, as the works situate in New .Mr. COCKRELL. I am n.lways good-natured. I yield with ple'ls- York which can be found named in the bill. nre . :Mr. COCKRELL. The point that I was making was that the Sen- .Mr. CONKLING. I think he always is. The Senator speaks of the ator from New York stated, as he now admits, that the appropria- State of New York. I beg to say in re~ard to tho increase to which tions for New York which had been made by the House and which the Benator refers, that the appropriatwns as proposed by the com- had been stricken out by the Senate committee were jnst and proper. mittee were vety inadoqunto a.a judged by the statements of the en- :?rir. CONKLING. At a proper time, yes. gineers. For example, to carry on the work at Hell Gate, being the Mr. ALLISON. Will the Senntor allow mo right here to mnke a removal of sunken rocks in an arm of the sea., the board of engineers brief explanation f reported that the allowance made by the House was inadeq nate; that Mr. COCKRELL. Certainly. more should be added to it for economy, for utility, for efficiency in Mr. ALLISON. I think it will show the distinction made by the the work. Thereupon the Committee on Appropriations, feeling that Senator from New York. The Engineer Bureau estimated for a.ll theso this was a very leadin~ work, a work concerning all the States, es- improvements above fourteen million and a half of dollars. The pecinlly all the Atlantic States, if it were worth doing at all, was Honse committee a-greed to appropriate four million and a half, or one- worth doing economically aud properly. They measured their ap- third of the estimat~. Thereupon they sent to the Bureau of Engi- propriation accordingly, putting it down to the very lowest sum neers to ascertain whnt particular improvements ought to be made on which would correspond with that definition. So they did in respect the basis of one-third of their estimate, to wit, upon a total basis of of the harbor of Buffalo. So they did in respect of t.he hl\.fbor of four millions and a half. Then the House sent us a bill not based Oswego, which the Senator I suppose knows is the leading American upon the estimates of tho engineers at all. Those estimates omitted harbor on Lake Ontario. certain works which might be postponed and required distinct appro- Mr. COCKUELL. I am not dealing with the general bill now; I priatioDB for certain great works which could not bo postponed. But a.m dealiog with the particular States and the distinguished Senators the House, instead of sending a bill of four millions and a half, sent who represent those States. There were for the Stato of New York ns a bill of $5,872,000, without any reference whatever to the esti- appropriations in the House bill to the amount of $39,000 which were mates of the engineers or to their revised estimates with regard to stricken out by tho Senate committee. Those a,ppropriations have these improvements. They stuck in items here and there a,ll over the been declared to be necessary and proper, and by the aid of the Sen· country that were not estimated for at all by the Bureau of Engi- at.ors from that State the.y have been restored. The Senate commit- neers, aud which they said coulu be omitted without detriment to t.he too also iucreaso(l the appropriations over and above those recom- public service, and thus increased, the appropriations sog~ested by moJirlr!l by the Honse to tho amount of $245,000. Take tho bill as it the engineers a million and a hnlf nearly and at the same time paid came from the IIonso and the bill as it came from the Senate com- no attention whatever to their estimates. mittee and tho increa5e of th~ approprintious for the State of New :Mr. HAMLIN. Will tho Senator let me ask a qne-ation f York was $~06,000. Tho point that I make! and I shall mnko it plain The PRESIDING OFFICER. Does the Senator from Missouri yielu to the Senate, is that from these twenty-four States their Senators to the Senator from Maine f have indorsed every appropriation m:H1e by tho House; that they Mr. COCKRELL. Yes, sir; this is a, regular old-fashioned Metho- ha.vo stood here on the floor and demanded that they should be put dist love-fea,st, and I should like to hear all Senators give their ex- back afler tho s~nate committee bad recommended tllat they should perience. be stricken out. Even my distinguished friend from Vermont [Mr. Mr. HAMLIN. I wish in this connection to know whether I am EDMUNDS] rose in his place and asked that the amendment of tho right in my recollection, and I ask the Senat.or from Iowa if he did Senate committee, striking out an appropriation for Vermont as it not read from the report of tho engineer in regard to one appropria- came from the House, should be non-concurred in. I am just making tion where he sn.id it ought not to be made, that it was a work that that point directly. I assert that the Senators from those twenty- could not be ma.def four different States, either directly or indirectly, indorsed and rati- Mr. ALLISON. There are three or four instances of that kind. fied the House bill and said that the appropriations made in that bill 'Vill tre Senator from Missouri allow me one moment more f were just and proper. I want to propound another question to all :Mr. COCKRELL. Certainly. Senators. Is there a.n appropriation in this bill as it came from the Mr. ALLISON. The Committee on Appropriations undertook to House for any harbor, any river, any creek, any cove in any of your revise this bill with reference :first to economy, and secondly to the States that is not just and proper T I wait for an answer. necessity of th~ improvements that are going on uncler the control of Mr. ED?IIUNDS. Keep on waiting, and you will g-et it by and ]Jy. tile Bureau of Engineering. Hence we strnck out a great many rivera :Mr. COCKRELL. I wait for an answer to know 1f there is a s~­ and a, great many creeks nnd some harbors, such as have been stated tary river, or creek, or harbor for which an appropriation was made by the Senator from Wisconsin and the Senator from New York, be- in the House bill that is not jnst, and appropriate, and properf I ask cause the engineers thou&ht if we were only to app:J;"opria,te four mill- the Senators from the States in which those a.p propriations are made ions an~ a half those worKs could be postponed until next year; but to state whether that is sof I understand that they have indorsed they said that there were other important works that could not be eve!Y one of them and have asked that they should be restored here. postponecl under any circumstances. Therefore we did strike out and In other words, they have asked that the Senat-e should non-concur we did insert, but the Senate, as the Senator from Missouri very well in the amendments of the Senate committee striking out those appro- knows, paid no a.ttention whatever to ·the recommendation of the priations. ~· Committee on Appropriations, but inserted every item that was re- :Mr. WINDOM. I should like to ask whether the Senators from .Mis- jected. by that committee. ,.... souri indorse tho Osage improvement f .Mr. COCKRELL. We are not dealing with the reports of engi- Mr. COCKRELL. I do most emphatically indorse the Osage River neers. I am dealing with the distinguished Senators on this floor who improvement. have taken the privilege of reprimanding and lecturing those who Mr. WINDOM. Then! think everything else can be indorsed with- have voted to sustain certain appropriations m::tde by the Honse. out any difficulty. The distinguished Senator from New York_has imdorseu every appro- Mr. EATON. May I interrupt the Senator from Missouri f priation in the bill as it came from the House applicable to his State. Mr. COCKRELL. 1 should like to hear from the Senator from Con- In addition to that, that distingnished Senator has indorsed the necticut. amendments proposed by the Senate committee and those amend· Mr. EATON. My honorable friend haB suggested that every Sena- menta only increased the appropriations of the House $245,000. Yet tor was anxious that all the provisions in the bill proposed to be the distinguished Senator says that if the condition of t.he country stricken out by the committee should be replaced. He does not quite was such as to justify these appropriatioDB he would be in favor of mean t.hat. I think upon reflection be will not say that.. At all the Honse bill, and he i~ in favor of the amendments of the Senate events, as a Senator from the State of Connecticut, I said here upon committee increasing the appropriations for his own State $245,000. the floor that in my judgment, under existing circumstances, I was Mr. CONKLING. Will the Senator allow me to interrupt him right perfectly satisfied to take the action of the Senate committee, except theref in one particular. The honorable Senator from I-owa, who bas tho Mr. COCKRELL. Certain!~ bill in charge, will do me the justice to say that I said to him that as Mr. CONKLING. The Senator now, if I understand him, says that soon as I could get the floor upon a proper occasion I should move to th~ Senat-e committee increase(l the total of the Honse bill two hun- reduce the appropriation which was made for one harbor in my State. dred and odd thousand dollars. Mr. ALLISON. I must bear witness t~ . the truth .o f the sta.tement • 4792 CONGRESSIONAL RECOR11--SEN.A.TE~. JULY 21, ;made by the Senator from Conn'3cticut. He did say to me that he floor who will state to the Senate that be bas a~ked the Senate to non- would be glad to see the appropriation for Say brook Bar.reduced, and concur in an amendment proposed by the Senate committee to the that he would make a motion to that end. Honse bi1l when that improvement, where he wanted the appropri- Mr. EATON. I shall take occa~ion at sometime before we get through ation non-concurred in, was not just and propor when it was in his with this matter to see to it that the appropriation recommended by own Statef Gentlemen can criticise appropriations in other States, the committee of the Senate be reduced, because I do not believe it they can tell about the fish streams and the coves and creeks in their to be necessary for that harbor in my State. Therefore my friend neighbors' States, but when it comes to their own State there is not from Missouri will do me the justice to say that I am not here after a Senator on this floor who will now rise in his seat and say that he a grab for my own State. We take care of our own trout streams asked an appropriation for any river or creek or harbor in his State and our own ponds, and build canals around the falls in our own that was unjust or improper and ought not to have been given. If rivers, and do not come here to ask the Unit.ed States to do that sort there is, I should like to hear him now or hereafter forever let him hold of work for us. The only appropriations for my Stare are for harbors his peace. upo;n the Sound, where the vessels of Maige and Massachusetts and I desire to speak in reference to Delawa.,..e. The distinguished Sen- New Hampshire and foreign vessels pass tlirough. They are harbors ator from Delaware, [Mr. SAULSBURY,] who is not now in the Senate of refuge. Chamber, was spiritedly in favor of reform, and yet whenever his I desire to say one word here that my friend from New York omit- State was touched, whenever an amendment was proposed by the ted to say with regard to the appropriations for Hell Gate. Once Senate committee striking out anything from Delaware, he was on take the rocks out of Hell Gate, and you reduce the distance between his feet to protest against the amendment striking anything for Del- New York and all foreign ports th1·ee hundred miles. ThTee hundred aware. When it came to those five or six surveys of little creeks-I do miles will be saved to the commerce of thew hole country. Thew heat not suppose they rise to the dignity of trout streams; t.hey are min- of Missouri and the wheat of Indiana and Illinois is as much inter- now streams, for little minnows-the distingui~:~hed Senator made a ested in the New York improvement at Hell Gat.e as any other part controversy upon that. I helped defeat him, I believe, until the of the country. New York herself is not interested one dollar in that third vote, and when he called for the yeas and nays I then had to matter. The commerce of the world is interested in it. You reduce yield and permit these little streams, these minnow creeks, to be insurance and you reduce freight on everything between this country surveyed at the public expense. Then there are Senators from twen- and Europe whenever that great work at Hell Gate is completed. ty-fonr of the great States of this country who have indorsed the Gentlemen from different sections of the country should see the dif- House bill. ference between a work like that and a mountain.creek two thousand I desire to say a few words more in regard to this bill. The bill as feet above the level of the sea. it came from the Honse appropriated $5,8i2,850. As it came from the Mr. COCKRELL. I was perfectly aware of what the distinguished Senate committee their amendments increasecl the appropriation of Senator from Connecticut stated at the time that amendment came the House bill $36,000. As far as the action of the Senate has gone, up, but I recollect equally as distinct that the distinguished Senator non-concurring in the amendments of the Senate committee striking from Connecticut, who occupies the opposit-e side of the Chamber out appropriations and concurring in the amendments of the Senate :from me, [Mr. BARNUM,] asked that the item should be restored, and committee giving additional amounts, the bill stands $6,759,014. I therefore half of Connecticut indorsed the appropriation. believe the Senator in char~e of the bill will bear me out that these Mr. EATON. I gave notice that I would move to have the appro- :fignres are correct substantJally. priation restored. Mr. ALLISON. That is near enough for general purposes. Mr. COCKRELL. So much the better. The whole of the great Mr. COCKRELL. That is about correct. We are told of the ex- State of Connecticut bas indorsed the correctness of the appropria- travagance of this bill. We are told that it is enough to bring the tion of which the distinguished Senator has been speaking. They blush of shame to the cheeks of Senators. The distinguished Sena- have indrosed it; they have saiu it was proper and correct and just, tor from Ohio, the democratic s_,nator from Ohio, [Mr. THURMAN,] because they have asked Senators on this floor to vote to non-concur has seen proper to deliver a re{lrimaud and a. lecture (I am sorry in the amendment striking it out. he is not in his seat now) to his brother democratic Senators, warn- Mr. EATON. The State of Connecticut is not very large, I beg to ing them that this bill would be brought up :.tO'ainst them. How did say to my friend. the clistinguished Senator vote! When those little amendments pro- Mr. COCKRELL. I have nothing a.t all to do with the merits of posed by the Senate committee striking out appropriations for the Hell Gate. It must be a very deserving improvement. Appropri:.t- State of Ohio were up, he appealed to ~e Senate to non-concur in tions have been made t.o it for so ma.ny years that it is certainly them. The Senate non-concurred, and then he took his hat and has worthy of consideration. I am not discussing that point. not appealed against anything else until he made this motion to re- In reply to the Senator from Minnesota, who put a question to me commit. Tbe distinguished Senator, my good friend from Penusyl- · about the Osage River, I will say that that is, under the act admitting vania, [Mr. WALLACE,] has been voting to susta.i n the Senate com- the State of Missouri, a public highway, one of the God-given high- mittee all the way through, but when it came to an amendment wa.ys of this country belonging to the General Government. It rises striking out an appropriation in the House bill for the State of Penn- in the State of Kansas, traversing a hundred miles of that country, sylvania he could not concur in ir. He wa~ willing to concur in the and runs through the State of Missouri, emptying into the great Mis- amendment striking out the appropriations for all the other States souri River. It is not a creek; it is not a mountain stream, such as save the single State of Pennsylvania. · the distinguished Senator from Connecticut speaks of, two thousand Mr. WALLACE. Will the Senator yield to meT feet above the level of the sea, but it runs through a rich country. Mr. COCKRELL. Certainly. It is not a trout stream. We do not have that kind of fish in it. It Mr. WALLACE. Mr. President, it is well known that my attitude is a navigo,ble stream. It has been navigated for years aud years, upon this bill was one of support of the Senate committee. I sus-- and prior to the war furnished all Southwest Missouri, the Indian tained it throughout until there were but seven of us left votin()' in country, and Northwestern Arkansas, with all their heavy freights, favor of the amendments of the Senate committee. When that had sugar, corn, iron, &c. come to be the condition of things, I asked, at the request of a mem- Mr. EDMUNDS. What sort of vessels navigate iU ber of the House, to restore the sum of $6,000 toward the ice harbor Mr. COCKRELL. Steamboats. at Chester on the Delaware River, a national highway:, and I did it Mr. EDMUNDS. Of what draft of water f because it seemed that everything which bad been stricken out by Mr. COCKRELL. In the average season, not at the highest or at the Senate committee that was in the House bill was about to be re- the lowest water, they draw from three to six feet. stored. The State of Pennsylvania bad in the bill as it came from Mr. EDMUNDS. How much at the lowest 1 the House $64,000. The Senate committee put into the bill $20,000 Mr. COCKRELL. At the lowest stage of water there is generally more, and the Senate added to that 6,000, making a total of $84,000 eight~en inches over the shoals. given by this bill to the State of Pennsylvania. If that be voting ex- Mr. EDMUNDS. That must be a very good steamboat that will travagantly, if that be voting improperly, I have voted extravagantly run six feet at high water and eighteen inches at low water. It is a and improperly. These appropriations were, first, for the harbor at goou boat. [Laughter.] · Erie on the lake, the only natural harbor on Lake Erie; second, for Mr. COCKRELL. The distinguished Senator from Vermont has the improvement of the navigation of the Schuylkill, to take from not been out in the western country. I am sorry he does not know the port of Philadelphia the grain and oil that accumulates there be- that great Mississippi Valley, th.e heart and body of this great coun- cause of the increase of the terminal facilities at that point; third, try, which is destined to assert its power and rule the country for its the improvement of an ice harbor in that great thoroughfare, the own good and the good of all other sections. M~are~~ I Mr. EDMUNDS. It is doing it at this moment. We have asked for no improvements in any of our internal rivers, Mr. COCKRELL. As I stated-and the distinguished Senat{)r un- for none for the heads of the Delaware, for none upon the Susque- derstood me distinctly-when the water is at its medium, between hanna, for none upon the Alleghany or the Monongahela. I have not low and high water, vessels drawing from four to six feet can navi- asked for them because I believe the States yet have rights, and that ~ate the stream, and at the lowest water there are generally eight~en the General Government ought not to go there with its agents and mches on the shoals. Then there is no effort to navigate it with interfere with rights vested under the power of the States. Under steamboa.ts except very small vessels for the local trade between the this power the State by its constituted authorities has given author- shoals. ity to create booms for lumber, dams for slack water and canals, and I asked if there was a Senator here who did not indorse the bill as water-powers for, millB ;· but, sir, when the General Government goes it passed the House. The Senator from Connecticut has answered, to the State with its agents under such a bill as this it goes there wit}l and he has indorsed what I said. Is there another Senator on this exclusive power and can take and destroy without let or hinderance 1876. CONGRESSIONAL RECORU-SEN.A..T:m. 4793. the property there existing, and can control all the streams that have Senator from New York occupying a seat on the floor at that time! before been under the jurisdiction of t,h e State, and under the power Was not the distinguished Senator from Vermont occupying a seat of which hundreds of thousands and mil1i.ons of dollars of property on this floor f Were not all the other distinguished Senators who have been created in that State. have spoken against this bill occupying seats on this floor when the I believe that a river that is under the control of the General Gov- river and harbor bill of 1875-'76 was passed f Yet now they" repri- ernment is one that is navigable in fact and that does not require to mand us for this bill. be made so by the appropriation of money by the General -Govern- Mr. EDMUNDS. Did we provide for the Osage at that time f ment. Mr. COCKRELL. No, sir; the year before you did. The river and harbor bill was $3,000,000 in 1867. It is swollen now Mr. EDMUNDS. But in 1875 we did not provide for the Osage ; it to 6,000,000, and before 1886 it will swell to 60,000,000 if this doc- had got too dry. trine of distribution is to prevail. As one of the representatives of Mr. COCKRELL. The year before you gave $25,000 for it. one of the great States of the Union, I assert the principle that the Mr. ALLISON. The engineers last year sold the implements and General Government has no right and ou~ht to have no control over tools and abandoned the river; at least it is so reported. the rivers of that State that are not navigable in fact. That is the Mr. COCKRELL. I am speaking of the reprimands which come position I have taken on this bill, and by it I propose to stand. If from that side of the Chamber against the House of Representatives this bill in its present proportions, giving but $BO,OOO to the State of and against this side of the Chamber for extravagance and profligacy Pennsylvania, be maintained at its present figures, I am willing to with t.he people's money, when only in the year 1t375 the other side vote'' nay 1' on the bill·and say, "Let no money be expended this year and their friends, who bad possession of the other enrl. of the Capitol, upon rivers and harbors." · passed an appropriation bill for rivers and harbors appropriating Mr. COCKRELL. I desire to ask the Senator if the appropriations $6,791,517.50, $9hl,677.50 more than the House bill of the present year; recommended by the House bill were just and proper f nearlv a million more than the bill as it came from the House this year. Mr. WALLACE. That is entirely evading the real question. 'l'he Yet we are told of the extravagance and profligacy and want of Senate cannot disgui e the fact that a combination of Senators on regard of our friends for the tax-payers of this country I this floor overruled the Senate committee. It is as patent as any- I am exceedingly sorry that these distinguished Senators did not thing ca,n be that the Senate committee, acting upon principle, has have that feeling when the other appropriation bills came from the been overruled by a combination of Senators; that the Senate has House making far greater appropriations than this bill. I am almost found itself powerless to resist; and that those who were not in the sorry to say that some of my di8tinguished democratic friends did combination when this result was demonstrated attempted to protect not also regard that when they were voting to concur in amend- themselves by asking that their States, too, should have that which ments increasing the appropriations made by the Honse of Repre- was just and proper in the House bill. sentatives, while I wa.s voting to retain them at the figures set by the Mr. COCKRELL. The distinguished Senator from Pennsylvania House, honestly and conscientiously believing that those amounts cannot evade a direct issue upon the question which I propounded to were just and proper, and that the Government could be best ad- him. I ask if be bas risen in his place on this floor and asked the Sen- ministered, most economically and honestly and justly and effi- ate to non-concur in an amendment making an appropriation for the ciently administered on the appropriations a8 they came from the State of Pennsylvania, when that amendment was improper and un- House. We are told now of the great extravagance of the bill as it just, when according to his own ideas be has done gross violence to has been a,g reed to thus far by the Senate. The bill as it now stands our feelings and our judgment.f The question that I put to him is, for recommittal to the Committee on Appropriations is $32,503.50 less was there a solitary appropriation in the House bill for the State of than the appropriation in the bill of 1875-'76. What does this indi- Pennsylvania which was not just and proper f He has evaded that cate f Every Senator seems dissatisfied with the bill and with every question. I am confining it now to individual States. He has re- provision here except so far as it affects his own State. Every Senat.or fused to answer it. Silence gives consent. He indorses it. He thinks the appropriations for his own State are just and necessary. shields himself under the general declaration of the rights of the They have all so stated upon the floor of the Senate Chamber to-day. States. I suppose I am probably as stringent a State-rights man as The appropriations made by the House for each State are just and the distinguished Senator from Pennsylvania. I believe that the proper, according to the understanding and views and judgment of Government is somewhat limited n.nd restricted, and yet I believe the Senators from each of those States respectively. that it possesses certain powers, and they are very important and What shall we do f The Senator from New York says that the ap- necessary. propriations for his State are just and proper. The distinguished As f,o the charge which the distinguished Senator from Pennsyl- Senator from North Carolina says that the appropriations for his vania makes that there is a combination here, that Senators have State are just and proper. The w if that is not correct. Was not the distinguished Mr. EDMUNDS. What state is that! 4794 OON.GRESSIONAL RECORD-SENATE. JULY. 21, Mr. COCKRELL. The great. State of Missouri_. Mr. EDMUNDS. Then this is an iron-furnace harbor, as I unlier• :Mr. EDMUNDS. She is the urightest star now. stand. :Mr. COCKRELL. She is destined to be the greatest State of this Mr. FERRY. Not the harbor, but the business. Union in wealth, population, resources, and everything that tends to Mr. EDMUNDS. The business is an iron-furnace. make a State great. I ask that the Senate do not agree to tho motion Mr. FERRY. Iron busines instead of a lumbering business. to recommit the bill to the Committee on Appropriations. :Mr. ED~iUNDS. But there is a furna{!e there, and this is for the Mr. OGLESBY and others. Let us vote. improvement of the harbor for the benefit of the furnace, as I under- The PRESIDING OFFICER. Is the Senate ready for the question! Btand it. Mr. EDMUNDS. Not quite. The first break that was made on the Mr. FERRY. So the Senator says. Committee on Appropriations, who apparently with a fair fidelity Mr. EDMUNDS. And so I take it is the case. Now the Senator endeavored, without regard to Sta.tes or State lines, to omit appro- from Missouri and all the other friends of this bill, as the Senator priations for useless or unnecessary works, and those tha.t could be from Michigan styles the caucus that was held overon.theotherside dispensed with for this present time, was made for the improvement of tho Cha,m ber the other da.v-a.U the friends of this bill are to stick of the haTbor of Frankfort, Michigan. If there is any Sena.tor from and ma.ke a break against this committee acting upon its careful in- Michigan here present, I "Wish he would tell me where the hMbor of vestigation and responsibility, for Frankfort Harbor, and if anything Frankfort is. is to be done this year to save the people of the United States Mr. CHRISTIANCY. It is north of the Grand River. from the immeasurable distress and starvation that we are told from Mr. EDMUNDS. North of the Grand River. [Examining a map.] over tho way is impending over them, it is to save Frankfort Harbor. Let me see. Here on Lake Michigan T Now with what grace does the Senator from Missouri got up and de- The PRESIDENT pro tempo1·e entered the Chamber. liv~r an oration at the Senator from New York, and the Senater from Mr. EDMUNDS. Mr. President, I ask where is Frankfort Harbor Vermont, and the Senator from Wisconsin, and the Senator from and pause for a reply. That, I believe, is the stereotypccl phrase. everywhere, upon an idea, if he were correct in that, as he is not, that Mr. FERRY. If the Senator desires to know where Frankfort is- 1·hey had voted for appropriations in their own States, and so there- 1 was out of the chair-it is on Lake Michigan. fore the bill must be correct. Mr. EDMUNDS. Where on Lake Michigan f Mr. COCKRELL. So far as applicable to their own States. Mr. FERRY. I cannot tell the Senator if he is so poorly posted in Mr. ED~IUNDS. The Senator himself was one of that band of geography as that. I cannot attempt to instruct him in that case. united brothers, "the friends of the bill," that undertook to and Mr. EDMUNDS. I am very poorly posted, but I shou]d like to succeeded in breaking down the careful and intelli~ent investigation know whereabouts on Lake Michigan is Frankfort Harbor f of this committee for the harbor of Frankfort, as 1t is called, in the Mr. FERRY. It is over one hundred miles from the straitA. It is State of Michigan; a little spot where the commerce of the world on the west coaet of the State of Michigan, and south o.f Manitou and where the commerce of the United States has never yet pene- Islands. trated, but where it would undoubtedly be very convenient to have Mr. EDMUNDS. Can the Senator, while he is a,bout it, tell us the this iron furnttce ha.vo an advantageous dock, &c., fixed, in order that population of Frankfort f it might for its profit and advantage carry on its operations, if that Mr. },ERRY. I can tell you where it is. is tho mission-- 1\fr. EDMUNDS. [Pointing on the map.] 0, there it is. The first Mr. FERRY. Will the Senator allow me 7 break that was made on the Committee on Appropriations was on Mr. EDMUNDS. Not at the present moment; I will yield in a }Tankfort Harbor, which is in the State of Michigan, just as tue minute. If that is the mission of the two Houses of Congress in ap- .Confedemte Cross Roads was said to be in the State of Kentucky. We propriating the money of tho people upon the theory that in order to had gone down through the bill to that amendment. As tho Senator rcgnlato commerce among the several States we may improve the from New York has stated, the first amendment of the committee great na.tionnl highwnys iha.t nature haa adjusted for the conven- was to strike out the improvement of the harbor at Dunkirk, New ience of mankind, then I am glad to know it. Now I yiold to my York, $18,000. That was struck out without a, division. The next strik- friend. ing out of the Honse bi11 was the harbor at Olcott, New York, $G,OOO. Mr. J.t'ERRY. I wish to say that I discover that the Senator from That was struck out with the acquiescence of both the Senators "Vermont is making the harbor of Frankfort tho pivot upon which he from New York and of the Senators from, let us sec-the brightest star proposrs to swing tho opposition to tho amendments1hat have b«.>en in the Union. The next item was for another harbor at Pultneyville, made in committee. Ncccesarily I rose to Frankfort, uecause it was New York, $5,000. T_J.tat was stricken out without any division and t he first case I thinl<, 6-r nearly the first case, in the State of Michi- by unanimous consent, upon the idea not that these harbors might gan that was reached in the consideration of the bill. not properly be improved in respect of commerce in and of themselves, Mr. ED~1ill\TDS. The very first case where the committee struck but upon the idea that in the present state of the public service and ont anything. the public necessity it was thought proper that large reductions Mr. FERRY. The very first case, the Senator reminds me, where on the total appropriation should he made; and no Senators, so the committ o proposed to strike out. I did not at that time make far as I know, were more willing to have it done than those from tllo nse of what I might have done, but I stateu the general principles of StateofNewYork themselves. Then there were others. Atlastwecame the case and my knowledge of the business ancl the necessities for to the first thing to be stricken out from the State of Michi~an, "for tho improvement of that harbor; but I will now go further, sinco the the improvement of the harbor at Frankfort, Michigan; $!>,000." On Senator has alluded to the careful scrutinizing labor of the commit- that we had a division. The Senator from "Michigan who is so often tee, which I accord. I have folt tho difficulty which the committee in th~ chair, [1\fr. FERRY,] with all the ingnnuity and wit and have contended with. I have appreciated it, and I think the chair- persistence for which he is so famous, resisted that amendment. On man wi1l bear me out that in the best spirit I have met it. I think the yeas and nays the vote in favor of the committee was 14, and the the Senate wi1l bear me ont that in the best of spirit I have con- vote against the committee and against striking out the clause was t.ended here for the interests of the commerce of the la,kes. Now I Z7; and among the twenty-seven I tind t.ho name of the distinguished desire, since the Senator has called attention to . the fact that this Senator from the greatest star in the galaxy of States, if that was committee have given so mnch care and attention to this bill andre- the expression. ported tho striking out of Frankfort, to state that I hold in my band Now, the harbor at Frankfort, Michigan, is at the month or some- the recommendation of the engineer of that district, upon the request where about the mouth of a river called the River Anx Becseis. Ac- that he should r.nt down the estimates to one-third, in which horecom- cording to the map this distinguished ha.r bor is in a part of the State me:p.ds for Frankfort $10,000. It was stricken out by the committee. that has a plentiful lack of population :mel a plentiful supply of tim- I say to the Senator from Vermont that the authority quoted hero, ber. It is a timber haruor. Tho amount of water there is not very an authority that shou1d be respected, that upon a. request that the extensive, but the amount of pine trees and oak and all that sort of estimates should be cut down two-thirds upon a basis of one-third, thing, as I suppose, is extensive. reported in favor of $10,000 for the harbor at Frankfort. I have the ~fr. FERRY, (standing at the Secretary's desk.) If the Senator engineers report in my hand. desires to know especially in that respect, I can give him-- Mr. ED .MUNDS. Now let me see your report. [Mr. FERRY handed Mr. EDMUNDS. The Senator cannot address the Senate on tho a paper to Mr. EDMUNDS.] Is that the document f desk. If be will only come down to a common level with the rest of Mr. FERRY. It is a copy. us, where we all have fair play, very well. 1\fr. EDMUNDS. Have you the thing itself! Mr. FERRY. The Senator criticized my coming down from the Mr. FERRY. It is in the Department. chair on a for~r occasion to take a, place on the floor. Now, since Mr. ALLISON. We have the original report. I have come midway according to his idea of propriety, he complains Mr. FERRY. Istatethatitisacopy. Of conrsetheSenatorwould because I step but half way down. not be technical about the original. Mr. EDMUNDS. For I never was in favor of Mohammed's coffin, Mr. EDMUNDS. Of course not. which was half way between earth and heaven. Mr. ALLISON. It is true that the local engineer did recommend Mr. }'ERRY. Then I will come uown; and I can tell tho Senator $10,000 for this harbor ; it is true that he reduced his original esti- something about this if he desires to know. He spoke of pine tim- mate just one-t.hird; and in most instan.ces, I ~elie.v~, ~bat engine<:r ber. I can advise him that there is no pine timber there. It is not reduced his estunatcs upon a scale of anthmetiC, dtVIdmg each esti- settled there for that purpose. It is a farming agricultural soil in mate by three. But when we came t-o examine this .h arbor at Frank- the rear of this harbor, and there is a, 1arge iron-furnace there, and fort we found that the object of t.his a.ppropriation was to extend this the timber is hard-wood, not pine. pier on the one side sixty-four feet and on the other one hundred and 1876. CONGR~SSION AL R.ECORD-SENATE. 4795 sixty-four, ::tnd we snpposeth of February, 11;76, says to :Mr. EDUUNDS. It is I who indulge you, not the Senate. I want Major John G. Park, Washington: all the credit I am entitled to. If my estimates are reduced two-thirds, I would give Frankfort $10,000; .Man. !til'. FERRY. I give the Senator full credit. It is at his hands and iatee i2,000; Ludington 15,000, by his mercy that I hold the floor for the purpose of interrupting him And so on. Now we find from the statement of the Senator in a moment. I should like to ca.l) his attention to the fact that how- charge of the bill and froiJl...tho statement of the Senator from Mich- ever local the development of the harbor may be regarded in one re- i~an that all there is there, so fnr as we have got it yet, is a f:.trming spect, yet as the line of commerce from Lake Michigan, and especially country behind and an iron-furnace in front, and that the iron-fur- from the great harbors of Cllicago and Milwaukee, passes directly nace iu sending out its iron-because I wish to state it fairly and between Beaver Island and Frankfort, the vessals are necessarily ex- fully-would like to haven. pier there to enable them more carefully posed to that shore, and every harbor that is made accessible becomes anrl safely to load the schooners nnd tho flat-boats that take on the a place of refuge. So that whenever from the violence of the wind iron and carry it t.o Detroit or Chicago or wherever the place may be. and the heaviness of the sea vessels are unable to proceed, they can :Mr. FER.RY. The Senator •1oes no~ wish to misrepresent of course, pnt into those ports and savo their property. Now, if the Senator and will a1low n.nother interruption. will bo fair enon~h when discussing the principle of the locality of Mr. EDMUNDS. 'Vith pleasure. I am very happy to be interrupted. the placo to givo It its merits in its general aspect, at least the State Wh~t I am after is the truth. I am not snre that I shall get it. of Michirran will be thankful to him for it. Mr. FERRY. If the Senator will listen to what I have t.o say in Mr. EDMUNDS. Ah, Mr. President, yes, it is a place of refuge! I regard to it, be willllave the trnth. am a~tonished that my friend bas not gone to it before now. [Laugh- Mr. EDl\1UNDS. It will be as far as my friend understand~; it, un- ter.l A refnge I I have not seen anything of that kiml in the report doubtedly. of tbe engineers. I have not heard anything or seen anything in the Mr. FERRY. The Senator implied in his remarks that it was donbt.- reports of commerce of the United States about the harbor of Frank- ]e.~ a pine region. I know tile habit of many Senators here, know- fort, as i~ is cap~d, being a h~rb?r of refuge. One would almost sup- ing that I represent a pine State largely, to suppose that anytlling pose that my fnend from Mwh1gan were n. reluctant witness, as I that I may advocate in tho way of harbor improvements pertains to think we have seen one not long since in some other place than this, the pine interest. For that reason I desire to correct t.he Senator, anrl I will say in order to be within the proprieties, from whom we are to to tell him it was not pine timber bnt hard-wood timber, and that at drag whatever is to bo got in favor of this ha,rbor, and that be is very the mouth of that river was a large iron furnace. I said that there reluctant to tell us its great capabilities in one statement. First he was arable land immediate.ly in the rear of this used for agricultural says that there is an iron-furnace there; and when he finds that the purposes. I did not go to the extent of telling him how thoroughly iron-furnace is not quite sufficient to warrant a large appropriation it was occupied, but I will now state that it is in the county of Benzie, of public money for improving its means of gretting rid of its iron, and south of the Manitou Islands, as he will see by consulting the map. then we discover t.hat it has a college, and that is another reason, and That county ha, been settled by citizens from Ohio; and t.bey llave we stop there. Then, when it is found that the college will not quite erected a college there which is in a flourishing condition. Tllat do, we understand that it is an agricultural region, that there are whole township is·oconpieu by people from the Buckeye State, nnd chickens there and eggs, and so on; and when it does not appear that tllat is another interest connected with that harbor; that is their that is a V'ery satisfactory reason under the Constitution of the United outlet. Stat-es for doing something about it, we at last discover that it is n. Mr. EDMUNDS. I am very gl:ul to know thn.t. Certainly every harbor of refu~e; whether for vessels, or politicians, or refugees, or college ought to have a harbor. [Laughter.] There cannot bo any frectlmen, or what, we ;sed tho friends of any river and ever, that the Senate of the United States waa rather independent of ~arbor bill to fall back. upon the Hoose bill. That was my proposi- the engineers in respect of not being obliged to appropriate money twn. that the engineers recommend may be usefully expended in respect Mr. EDMUi\TDS. Well, Mr. President, I have got it right here in to a particular improvement. The Senator from .Michigan is undoubt- the RECORD before mo. The Senator says that he advised the friends edly aware that the Corps of Engineers does not make its estimates of the bill to take the bill as the Senate ha.d fb::ed it, not as the Sen- at a.ll with any reference to the st.ate of public affairs. It makes ita ate committee had fh:ele to have a. short executive session the report of the Corps of Engineers stated that, I believe, forty-odd for a few moments. thousand dollars were necessary to complete that improvement. I Mr. .ANTHONY. I will make that motion; but first, with the a~­ never should have thought of asking the Senate of the United States, sent of the Chair, I will move that when the Senate adjourn it be to but it is because I am dull, that we should go the whole figure, or any meet to-morrow at twelve o'clock. part of the figure, because the board of engineers said that $40,000 Mr. ALLISON. May I say one word with reference to that ques- could be properly expended to do a particular thing at that river. A tion f This bill if it is passed ::~.tall-- hundred thousand dollars could be appropriated to do a particular Mr. ED.MUNDS. We h::~.ve conference committees meeting between thing to that river, and do it well. It would make it deeper and wider eleven and twelve. forever, and so on. · Mr. ALLISON. If the bill is passed at all it ought to be passed in That is not the point. All that these reports of the engineers show the first instance to-morrow, in order that it may go to a conference is that particular works, that as they understand Congress ha.a au- and be fairly considered, because it is a bill of detail and must be con- thorized, require, in order to do what mechanically is necessary to sidered carefully uy a conference committee unless we are to go into complete them, certain sums of money, and that this year a certain committee and bargain about these different places. I suggest to Sen- sum can be expended profitably, and beyond that it is unnecessary to atorsthat this bill ought to be conpleted to-morrow. We shall have appropriate in order to do that particular thing in the due course. the impeachment trial on Monday and Tuesday, and we certainly ought So it will not do to press this bill upon the Senate on the theory that to be prepared to get all the appropriation bills out of the way by the in any respect, in any particular locality, either Otter Creek, or Pent- last of next week, and unless this bill · is finished to-morrow in the Water, or Frankfort, or the O.sage, or Hell Gate, the Corps of Engi- Senate we cannot get it out of the Senate before Thursday or Fri- neers hns said that a certain sum of money may be spent with useful day of next week. results in respect of that particular improvement, because it is un- Mr. EDMUNDS. I should have been done long ago but for the doubtedly all true; but it does not touch the question. The question fact that the time I have had the floor has been occupied, certainly is-and that is one, I repe·a t, that the Corps of Engineers never under- two-thirds of it, by speeches of other Senators. takes to decide or to meddle with-the first and the great question is Mr. ANTHONY. I quite agree with what the Senator from Iowa whether a particular harbor or river, considering its connection with says who bas the bill in charge. We ought to complete it to-mor- the commerce of the count.ry, is one that falls within the proper and row, and I think we ought to come here determined to stay until the appropriate jurisdiction of Congre&i in appropriating money to provicle bill is finished to-morrow. for it. That is a political qu.estion, not in the party sense, but in tho Mr. ALLISON. To-morrow is Saturday, and I appeal to the Sen- high and just sense. Then, seeondly, a question that the board of ate to meet at eleven o'clock to-morrow and we can finish the bill dur- engineers nev~r undertakes to decide is whether the state of the ing the day at a reasonable hour. country and of the Treaaury in a particular year. will justify a great Mr. ANTHONY. We have so many committees of conference out or a small appropriation. They say a.s to a. particular work that is that I think we really should facilitate business by meeting at twelve. begun, in order to preserve what we have so much money will be Mr. ALLISON. I know of no committee of conference which will necessary; in order to do anything useful, if we are to do anything meet in the morning. at all, so much money is necessary; and that is all they have to do The PRESIDING OFFICER. The question is on the motion of the about it. The Senator is unJust to the engineers, as well a.s, it seems Senator from Rhode Island that when the Senate adjourns it be until to me, mistaken in his politiCal economies, when he brings forward twelve o'clock to-morrow. here reports of the engineers as his justification or mine for voting MI. ALLISON. I hope we shall meet at eleven. any particular appropriation in respect of nny particular harbor. .Mr. FRELINGHUYSEN. I hope we shall meet at twelve. They only have to do with the topography and mechanics of the af- The PRESIDING OFI!"ICER. The question is on the motion of the fair, and not with the political or economical aspect of it Senator from Rhode Island. Mr. FERRY. Will t,h e Senator allow me a moment f The motion was not agreed to; there being on a division-ayes 20, Mr. EDMUNDS. With pleasure. . noes 24. Mr. FERRY. If I am not mistaken the ba.ais upon which the com- EXECUTIVE SESSION. mittee of the Senate adjusted their bill was the report from the En- Mr. ANTHONY. I ;nove that the Senate proceed to the considera- gineer Department. That has been the custom. If I am mistaken tion of executive business. the chairman will of course correct me. · The motion was a.greecl to; and the Senate proceeded to the consid- Mr. ALLISON. I would say that we did take the revised estimates eration of executive business. After ten minutes spent in executi:ve of the board of engineers so far as it applied to works now going on, session the doors were re-opened, and (at five o'clock and fifteen DllD- but in no case did we take their estimates without examining, as we utes p. m.) the Senate adjourned. did in the case of Frankfort, tho e:x.a{lt nature of the improvement that was going on and deciding for ourselves whether or not it was necessary to build fifty feet of breakwater this year, or twelve and a half feet, as the bill proposes at Frankfort, on one side and fifty feet on the other. We took the revised estimates of the board of engineers HOUSE OF REPRESENTATIVES. and all other evidence that we could find, and then formed our best judgment thereon. FRIDAY, July 21, 187G• .Mr. FERRY. The Senator will remember that Frankfort is not a new place for an appropriation this year. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Mr. ALLISON. Unuoubtedly; but it is a place whe~e this app~o­ I. L. TOWNSEND. priation, if made, will be used wholly for the extensiOn of a p1er The Journal of yesterday was read and approved. beyond where that pier now is, and the extension requires an expend- MESSAGE FROM THE SENATE. iture of $30,000, and the engineer said tbis whole sum should be used A message from the Senate, by 1\Ir. SYMPSON, one of their clerks, in a single season. Therefore we refused to appropriate $5,000. Mr. FERRY. What I wanted to reply to the Senator from Ver- informed the of House that the Senate was ready to proceed upon the mont was that I thought, and I believe now, that I placed myself impeachment William W. Belknap and to receive the managers upon a sound basis when I rested on the report of the Engineer De- on the part of the House, and that the Senate Chamber was prepared partment. I called the attention of the chairman of the committee with accommodations for the reception of the House of Representa- to the fact that the regular annual report showed a large amount for tives. PORT OF SAINT PAUL, MINNESOTA. the h:ubor of Frankfort; but the reply wa.a that a subsequent sup- . plemental report on a basis of one-third cut dow~ the a~ount so th~t Mr. DUNNELL. I ask unanimous consent to report back from the the committee were justified upon that report m cuttmg out this Committee ou Commerce the bill (S. No. 413) establishing the port o.f place as well as otht\rs. Now I cite the fact that that supplemental Saint Paul, Minnesota, as a port of appraisement. report covers the harbor of Frankfort and proposes to give it 10,000 The bill was read for information. instead of $5 000, the amount of the House bill. So then I say upon Mr. HOLMAN. I must object to that bill, because I object to this the suppleme~tal report of the engineer anthoritatiyely coming to the mode of fixing salaries. I hope the gentleman from Minnesota will Senate in every ca.ae I have advocated before the Senate, that report say distinctly in the bill what the salary is to be. This m.ode of fix- ha.a recommended appropriations larger than the amounts I have ing salaries leaves us always in the dark. I understand. thj.s ,to b~ th~ sought to restore. unanimous report of the committee. 1876. CONGRESSIONAL RECORD-HOUSE. 4801 1\Ir. DUNNELL. I think the salary is $2,000. tee is willing to give them the benefit of au honest intention, and ask to be relieved Mr. HOLMAN. I do not think the salary would be as high as from a further consideration of the subject; nor do they recommend any change in the statute, as thev regarn it sufficiently eX:plicit, even though it has been erro- $2,000. But I hope the gentleman will withhold the bill until he has neously interpre-ted, but they would recommend to. officers incapable of construing fixed the amount of salary. statutes to apply to the proper law officers for adVJce. The SPEAKER pro tempore. This question is not subject to lengthy VETO MESSAGE-NELSON TIFFANY. discussion. Does the gentleman from Indiana object to the consider- ation of the bill f Mr. HURLBUT. I rise to a point of order. I believe that the bosi • Mr. DUNNELL. I understand the gentleman to object. ness first in order this morning is the unfinished business of yester- day, being the consideration of the veto message of the President on BUILDING FOR QUARTERMASTER-GENERAL'S DEPARTMENT. the bill (H. R. No. 1337) for t.he relief of Nelson Tiffany, which is the Mr. TERRY, by unanimous consent, from the Committee on Mili- unfinished business. tary Affairs, submitted a report ih writing in relation to the renting The SPEAKER p1'0 ternpore. .That is unquestionably true. of the lmilding at the_ corner of Fifteenth street and Pennsylvania Mr. HURLBUT. I desire to ask unanimous consent of the House avenue for the use of the Quartermaster-General's Department; which that that matter shall go over, on account of the absence of the gen- was ordered to be printed, and printed in the RECORD, and the com- tleman from Ohio, [Mr. BANNING,] until Wednesday of next week, mittee were discharged from the further consideration of the subject. after the reading of the Journal. The report is as follows : There was no objection, and it was so ordered. Tbe Committee on Military Affairs, to wbom was referred the following reaolu-. SillTS FOR VIOLATION OF REVENUE LAWS. tion, to wit: " Whereas the Forty-third Congress at its first session passed the following en- Mr. HOPKINS. I ask unanimous consent to offer the following actment: 'And hereafter no contract. shall be made for the rent of any building, or resolution: part of any building, in Washington not now in use by the Government, to be used Whereas a. former United States nttQrney for the western district of Pennsyl- for the purposes of the Government, until an appropriation therefor shall have been vania collected large sums of money for violation or alleged violation of the inter- made in terms by Congress,' approved June 2""2, 1874; and whereas itis represented nal-revenue laws, which moneys it ls claimed were not paid into tbeFederal Treas- that the building on the corner of G and Jo'ifteentb st1·t:~ets, used for ten years for ury; and whereas it is t>tated that the Attorney-General of the United States bas offices for the Quartermaster-General of the Army, was :vacated on or about the decided that the moneys so paid to tho United States district attorney did not re- 17th of last November and another buliding on the corner of Pennsylvania avenue lease or satisfy the j mlgment~ upon which they were paid; and whereas it is alleged and Fifteenth street lea ed for the same purpose: that the present United States district attorney, under instructions from the At- "Resolved, That the- Secretary of War be, and be is hereby, requested to inform torney-General, is proceeding to collect again the amount of the judgments afore- this House under whose direction and by what authority tbeActing~uartermaster­ said, thereby working great hardship to the defendants in those judgments and their General, Rufus Ingalls, leased the aforesaid building on the corner of Pennsylvania sureties: Now, therefore, avenue and Fifteenth street, what time it. is leased for, and the amount of rent to Be it resolved, That the Judiciary Committee be inRtrncted to inquire into the be paid yearly; also that the Secretary of War be, and be is hereby, requested to truth of the statements aforesaid, and to report to this House dmin~ the present transmit to this House true copies of all bills for material and labor paid by the post- session such measures of relief as they may deem justtotheJlarties in mterest; and quartermaster, Major M vera, acting quartermast-er, including those approved and that, in the mean time, the Attorney-General be requested to stay proceedings in ordered t~ be paid by Acting Quartermaster-General Rufus Ingalls, on account of the building on the corner of Pennsylvania avenue and Fifteenth street, together said cases. with a. copy of the lease, and also copies of the bills for moneys yaid to restore the Mr. KASSON. I sngges~ to the gentleman that he add after the building on the corner of .Ififteentb and G streets to the condition stipulated be- tween the owner anfl the Government; and that the Secretary of War also inform words'' just to the· parties in interest" the words" and to the Gov- this House out of what fund appropriared for the Quartermaster-General's Office ernment." these amounts were paid"- !lr. RANDALL. I suggest that the committee have leave to report ba.ving had the same under consideratiou, together with the letter of the Secretary at any time. of War and the report of General Ingalls, Actin~ Quartermaster-General, trans- mitting copies of the papers caJ.led for in said reaomtion, herr leave to report that Mr. BELL. Iobjecttotl1eresolution. [Criesof "Regularorder!"] they have taken the depositions of Quartermaster-General Mei~ Ma.ior Myers, ORDER OF BUSL'aSS. post-quartermaster, and H. T. Crosby, chief clerk in the War JJepartment, and from the letter, repwt, and papers aforesaid, and said depositions, the committee The SPEAKER pro tempore. The regular order of business is the glean the following facts: It seems that in 1861 the Treasury Department leased call of committees for reporte of -a private nature. the Riggs building, at the corner of Fifteenth and G streets. which lease was as- sumed bv the War Department in 1863 or 1864. On the 16th of August, 1875, ANNIE GIBSON YATES. General 'Ingalls, as Acting Quartermaster, applied to the Secretary of War for authority to rent, for the use of the Quartermaster's Department, the Randall Mr. WELLS, of Missouri. I ask unanimous consent to introduce building, at the southeast corner of Fifteenth street and Pennsylvania avenue, a bill for the relief of Mrs. Annie Gibson Yates, widow of George W. which authority was granted on the 17th of A.u~ust, 1875; and on the 18th of Au- Yates, who was killed at the battle of the Little Big Horn. ~t the Acting Quartermaster-General informea Major Myers that be was author- Mr. KASSON. I have no objection if the bill is to be referred to IZed by the Secretary of War to remove the public offices from the building at corner of Fifteenth and G streets to the bnililing at corner of Fifteenth street and the Committee of the Whole on the Private Calendar. Peimsylvania avenue, and directed him to give to Mr. Riggs nt once the three Mr. WELLS, of Missouri. Theca~ has been examined by the Com- months' notice to terminate the lease, and to make arrangements for the occupa- mittee on Invalid Pensions. The bill is merely to provide a pension · tion of 1he new building on September 15, 1875, which was done. '.fhe Riggs for the widow of Captain Yates, who was killed in the late massacre building was rented at $17,000 per annum with a provision req,uinng the Govern- ment when it should surrender the building to restore it to 1ts comlition when of General Coster's party. first occupied. Tho Randall bnilllin~ was rented at $12,000 per annum, payable The bill was read. monthly or quarterly, the owner paying taxes. water rents, &c., and to pay one- Mr. HURLBUT. I object. half of the costs of alteling such portions of the lmilfling as might be designated Mr. CONGER. I insist that we should wait until we can have a by General Ingalls, not to exceed ~1,800, and to provide aClditi.onal means for heat- ing the rooms if necessarv. bill which will provide for all these cases. About. the middle of Oc"kber the Quartermaster's Department was transferred to the new building. The lease of the Riggs building expired November 15, 1875, ORDER OF BUSINESS. and the lease of the Randall buildin$ commenced on September 1, ll:l75, so that the Mr. HOPKINS. I understand that the gentleman from New Hamp- Government was paying rent on botn buildings from September 1 to November 15. shire is willing to withdraw his objection to the resolution! proposed By the transfer of the Quartermaster's Department from the old to the new build- ing there was incurred the costs of restoring the old building and fittin.c: np the new to offer. one. Major Myers states the costs of restoring the old building at $4,736.23, and 1\Ir. DUNNELL. The regular order of business has been called for. fitting up the new one at $1!?,346. The rent of the old builtling for two and a half The SPEAKER pro tempore. The regular order is the •11 of com- months, du!ing which the Government was paying rent for the new building, being at the rate of $17,000 per annum, was $3,541.66. So that during the first year of the mitt-ees for reports of a private nature, and the call rests with the change the relati,•e expense account upon the two buildings would stand as fol- Committee on Naval Affairs. lows: MILTON B. CUSHING. Rent of new building for one year ..................................... $12,000 00 Repairs of old building................................................ 4, 736 2:l Mr. WILLIAMS, of Delaware, from the Committee on Naval Affairs, Fitting up new building ............ .... . .............................. 18,346 00 reported back, with a favorable recommendation, the bill (H. R. Rent of old building two and a half months......... .. . . . .. .. .. .. .. • • .. 3, 541 66 No. 2008) for the relief of Milton B. Cushing, paymaster.United States Total expense for one year ..•.. -----............................. 38,623 89 Navy. Rent of old building for one year....................... . .............. 17,000 00 The bill waa read, as follows : Difference ... ----~-- .................... -----.................... 21,623 89 areThat the accounting officers in the Treasury Department of the United States hereby authorized and directed to cancel a charge of $10,000 now upon the books Butsincesomeadditional officers were accommodated in the new building who had of said Department against Milt~n B. Cushing, paymaster in the United States previously occupied two other hnildin~s. one at a rental of $1,800 and the other at Navy, which is based upon a certain requi!lition purporting to be drawn by him on $1,!00. it 18 proper that $:J,OOO sboultl be deducted from the above difference, leavinrr Paymaster Henry II. Pangborn, and bearing date .May 2, 1&66; said requisition $18,62.'1.89. It thus appears that the Secretary of War, upon the recommendation of being a fraud and forgery against the said Cushing. •. · . the Acting Quartermaster-General, anthorizeahim to make an exchange of buildings for the accommodation of the Quartermast~'s Department, which necessitated an Mr. EDEN. I raise the point of order that this bill makes an ap- extra expenditure of $18,623.89 in the absence of any law authorizing the exercise propriation and must receive its first consideration in the Committee of such authority, and the explicit language of the statute, approved June 22,1874, of the Whole. and in force when this renting took place, clearly shows that it was the intent of The SPEAKER pro tempore. The point of order is sustained by the Congress that officers should exercise no such discretion, nor conld even the Secre- tary of War confer it. It is no justification t() say that the new building was better Chair, and the bill will accordingly be referred to the Committee of adapted than the old to the convenience and accommodation of tbe Department, nor the Whole on the Private Calendar. does it avail to sal that the difference between the rent of the new and the old build- in~ and therento .the buildings vacated will in a few years compensate for the ex- WILLI.ili TALBERT. pense attending the change. It is enough to say in the first place that the renting Mr. WHITTHORNE. I now yield to the gentleman from Pennsyl- 1s only for a year, as the law does not authorize a renting otherwise; and in the sec- vania [Mr. JENKS] to make a report from the Committee on Naval ond place, it is a plain violation of law. But, as both the Secretary of Wltl' and the Acting Quartermaster-General plead Affairs for his colleague, Mr. ROBBINS, who is now absent. that they so construed the Ia.w as conferring authority for their actio.u, the commit- The SPEAKER p1·o tempore. The gentleman from Pennsylvania, ~,- IV-301 0 4802 CONGRESSIONAL RECORD-HOUSE. JULY 21, [Mr. JENKS, 1 not being a member of the Committee on Naval Affairs, Indiana Volunteers; which was referred to the Committee of the cannot submit a report from that committee. · Whole on the Private Calendar, and, with the accompanying report, Mr. JENKS. It is signed by a member of that committee. ordered to be printed. The SPEAKER pro tempore. That may be so, but it must be pre- AMOS A. YEAKEL. sented to the Honse by a member of the committee from which it Mr. RICE also, from the same committee, (for Mr. HEWITT, of Ala- comes. bama,) reported back adversely the following bill; which was laill Mr. ,WrT'ffirTTT1""'"l..,.,H..,.ORNE. Then I will present the report. on the table, and the accompanying report ordered to be printed: , The SPEAKER pro tempore. That is sufficient. A bill (H. R. No. 2728) granting a pension to Amos A. Yeakel, of Mr. WIDTTHORNE, from the Committee on Naval Affairs, reported Mercer County, Pennsylvania. · a bill (H. R. No. 3929) for the relief of William Talbert, of Washing- ton City; which was read a first and second time. THEODORE GARDNER. The question was upon ordering the bill to be engrossed and l'ead Mr. RICE also, from the same committee, reported back, with a fav- a third time. orable recommendationi the following bill; which was referred to the The bill provides that the claim of William Talbert, of W a.shing- Committee of the Who e on the Private Calendar, and the accom- ton, District of Columbia, for the use by the Government of his pat- panyin()' report ordered to be printed: ented improvement for a marine rail way shall be referred to the Court A bilf (S. No. 767) granting a pension to Theodore Gardner. of Claims with authority to take jurisdiction thereof and to award SOLDIERS IN CIVIL SERVICE. judgment thereon, on principles of equity and justice, according to its value to the Government during the existence of said patent. Mr. JENKS. I am directed by the Committee on Invalid Pensions Mr. EDEN. I raise the point of order that that bill must receive to report back, with a favorable recommendation, the bill (H. R. No. its first consideration in Committee of the Whole. 1791) relating to soldiers while in the civil service of the United The SPEAKER pro tempore. The point of order is well taken. St.ates. The bill w~ accordingly referred to the Committee of the Whole The bill was read, as follows: on the Private Calendar, and, with the accompanying report, ordered Be it enacted, cle., That all persons who, nnder and by virtue of the first section to be printed. of the act entitled "An act supplementary to thesevera1 acts relating to pensions" approved March 3,1865, were deprived of their pensions during any portion of tho ABA MORRIS. t1me from the 3d of March, 1865 to the 6th of .rune, 1866, by reason of their being in the civil service of the Unit-ed States, shall be paid their said pensions, withheld Mr. SINNICKSON, from the Committee on Invalid Pensions, re- by virtue of said section of the act aforesaid, for and during the said period of ported back, with a favorable recommendation, the bill (H. R. No. 2940) time from the 3d of March, 1865, to the 6th of .Tune 1866. ~anting a pension to AsaMorris, of Stanton, Michigan, late a private m Company B, One hundred and seventy-first Regiment Pennsylvania Mr. HURLBUT. I raise the point of order that this is a public bill, Volunteer Infantry; which was referred to the Committee of the and not in order under the call of committees for private bills on a Whole on the Private Calendar, and the accompanying report ordered Friday. to be printed. The SPEAKER pro tempore. The Chair sustain.s the point of order, A. M. ATWOOD. and the bill is not before the House. Mr. SINNICKSON also, from the same committee, reported back, JOHN R. HARRINGTON. with a favorable recommendation, the bill (H. R. No. 3251) granting a Mr. VANCE, of North Carolina, from the Committee on Patents, pension to A.M. Atwood; which was referred to the Committee of the reported back, with a recommendation that it pass, the bill (II. R. Whole on the Private Calendar, and the accompanying report ordered No. 339'2) for the relief of John R. Harrington. to be printed. The bill was read. It provides that John R. Harrington, of Brook- ADVERSE REPORTS. lyn, in the State of New York, have leave to make application to tho Mr. SINNICKSON also, from the same committee, reported ad- Commissioner of Patents for an extension of letters-patent granted versely upon the following; which were laid on the table, and the to him April1, 1856, as re-issued December 11,1866, for improvements accompanying reports ordered to be printed : in carpet lining, for the term of seven years; and upon such applica- The petition of Anna M. May, for a pension; and tion so filed the Commissioner of Patents is authorized to consider The petition of Anson B. Sarna, for a pension. and determine the same in the same manner and upon giving the same notice as if the application had been dnly filed within the time JOHN H. BRITTAIN. prescribed by law. But such application is to be ma-de within ninoty Mr. RICE, from the same committee, reported a bill (H. R. No. 3930) etition of John R. Har- rington, for the extension of letters-patent granted to hun 1st of April, 1856, as Mr. RICE also, from the same committee, reported a bill (H. R. No. re-issued the 11th of December, 1866, for improvements in carpet lining, report aa 3931) granting a pension to Anna Koeninger, widow of Louis Kocn- follows: inger, late private Second Indiana Battery; which was read a first Letters.patent were granted to John R. Harrington the 1st of AP.ril, 1856, for and second time, referred to the Committee of the Whole on the improvements in carpet lining, nnder which patent said Harrington diligently pro- ceeded to introduc-e the improvements, but the article of carpet lining oeing more Private Calendar, and, with the accompanying report, ordered to be an article of luxury than actual necessity its introduction into use was slow; that printed. in the year 1857 said Harrin~n t.rarullerred one.balf his patent to a manufacturer JUDSON W. CALDWELL. to aid m introducing the article; that he diligently continued to endeavor to obtain remuneration up to the year 1!:l65, when be became totally blind; that in the fol- Mr. RIC::t;also, from the same committee, reported back, with a favor lowing year, 1866, by rea~on of his poverty n.n d blindne88, he was obliged to sell his able recomlilmdation, the bill (H. R. No.1454) to restore the names of remaining half-interest in his patent to another manufacturer for a small amotmt, the widow and minor children of Judson W. Caldwell, late first lieuten- t350; that at this time the introduction of carpet lining into use was quite lim- ited; that only during the last few years of the patent was t-he lining introduced ant Company I, Seventy-fifth Regiment Ohio Volunteer Infantry, to to any extent; that the patent was re-issued in the year 1866; that it appears the the pension-rolls; which was referred to the Committee of the Whole inventor by reason of his infirmity of blindness unintentionally transferred to the on the Private Calendar, and the accompanying report ordered to be assignee the right to \be extension; that when the case went before the Commis- printed. sioner of Patents for extension, it was refused upon the ground that the facts showing why the petitioner should have an extension were not before him, and be- , ADVERSE REPORTS. . fore the said fact-s could be brought before him the said Commissioner lost jurisdic- Mr. RICE al8o, from the same committee, reported adversely upon tion of the case under the statute, by rea.son of the expiration of the {>a.tent, and that the petitioner ought to have leave to go before tho Commissioner of Patents to the following; which was laid on the table, and the accomp:mying be rehearll as to whether it is in his judgment, on the additional proofs to be pre- report ordered to be printed : sented by him, a proper ca8e for an extension of seven years nnder the statute. The petition of Elias Anderson, for a pension. In conclusion, your committee state tha.t this is only a patent which bas run fourteen years, the petitioner having enjoyed but nine years thereof because of his NICHOLAS W. JOHNSON. blindness. That it reasonably appears t11at he would have bad the statutory ex- tension of seven years had he furnished the Commisioner of Patonts the propor Mr. RICE. On behalf of my colleague on the Committee on Invalid facts in his possession, which were omitted to be furnished by reason of his pov- Pensions, Mr. HEWITT; of Alabama, who is absent at home by leave erty and blimlness; that be has realized but$7, 703.76 from his patent; that the sav- of the House, I desire to report back, with a favorable recommenda- ingof the invention is aboutono-half the price of the carpets to which it is applied; tion, House ·bill No. 1892, granting a pension to Nicholas W. Johnson, that the publio will not be, unfavorably affected by the extension, as it does not ap- pear to be an article of necessity and the cost to the public will not be raised by an of Dutler County, Kentucky. extension. The bill was referred to the Committee of the Whole on the Pri- That the manufacturers and dealers are not opposed to an extension of the pat- vate Calendar, and, with the accompanying report, ordered to be ent for the benefit of this blind and worthy old man, now upward of sixty years of printed. . age, and that the whole interest is invested in him to the extended tmw, and he is willing to license manufacturers npon terms which they have expressed tl1emsalves ADAt L, HARRISON. satisfied with. Your committee, in view of the equities of the case and tbe help- Mr. RICE also from the same committee, (for Mr. HEWITT, of Ala- less condition of the petitioner, recommend that this act be passed in order to ena- ble the petitioner to be again heard before the Patent Office. bama,) reported hack, with a favorable recommendation, the bill H. R. No.21:39) granting a pension toAdaL.Harrison, aminorchildof Samuel :Mr. VANCE, of North Carolina. I call the previous question. Harrison, deceased, late a private in Company I, Eighty-ninthRegiment The previous question was seconded and the main question ordered; 1876. CONGRESSIONAL RECORD-HOUSE. 4803 and under the operation thereof the bill was ordered to be engrossed from them. His claim is that this company by neglect of themselves and read a third time ; and being engrossed, it waa accordingly read or their attorneys failed to present the case before the Commissioner; the third time, and passed. yet it appears very clearly that trus same company has been going Mr. V.ANCE, of North Carolina, moved to reconsider the vote by on manufacturing machines embracing this improvement; and the which the bill was passed; and also moved that the motion to recon- conclusion is strongly suggested that they deliberately permitted the sider be laid on the table. patent to expire so as to avoid carrying out their contract for the The latter motion was agreed to. payment of royalty to the inventor. LUTHER HALL. This man, as I underst.and the law, has a clear, substantial, unde- niable right of action against the parties who made that arrange- :Mr. V.ANCE, of North Carolina. The Committee on Patents have ment with him. He has the right to bring them into the courts and unanimously instructed me to report back, with a favorable recom- to recover from them in damages to the whole extent of what their mendation, the bill (S. No. 398) for the relief of Luther Hall. laches cost him. But I do not think it is a case in which Congress The bill was read. It authorizes the Commissioner of Patents, up- should interfere, because the party haa an abundant remedy at law on due application made to him therefor and upon tbe same evidence against this corporation. and rules of law as in ordinary extension ca.ene:fit from it; only some $500 aa I understand containing any of the improvements secured by the patent. This, wi~h othor a [!!'Ce- it. As the mode attracted the attention of one of those corporations ments con tamed in the contra-ct on the part of the association, was tho consiaera- tion for the sale and transfer by the petitioner of his title to tho improvement. Tho in New England which make large sums of money in the manufacture petitioner w&a induced to enter into this contra-ct by the representations of the of shoe machinery, they made an arrangement with Mr. Hall by which agent of said heeling association, that it was then manufacturing machine~ em- they agreed to undertake the formal business in the extension of his bracing his ilai.d improvement, and that, if patent was extended, the royalty of $5 pat-ent for seven years, to which by law he was entitled simply on for each of the ma.chines the association would make and sell during the extended term would amount to a large sum of money. Immediately after the making of such making application, and to pay him a royalty of $5 on every macbine written contract, and more than ninety (lays before the paten texpired, thefetitioner made by them. Ho was poor, ignorant of the rules of the Patent Office by the direction of the agent of the association, went to the attorney o the as~o: and of law generally, and relied upon them. It is true, as stated by c~.ation an~ executed what he was informed were the necessary papers to apply for the ext~nswn of the letters-patent; and ho fully believed that the application for the committee, that he did sign the necessary papers and did expect the extension of the patent was properly made by the assoma.tion, and would be that business would be attended to, but after the ninety days bad granted. Sub equently, andaboutthetimethe letters-patent expired, the petitioner elapsed he found that the attorney of that corporation had neglected, learned for the first time, from the agent of, the heeling a-ssociation, that thoap:J?lica- either inadvertently or purposely, to :file the proper papers to secure tion for t-he extension of the letters-patent ha.d not been mado to th.e Commisswner of Patents, said agent aile~~. in excuse th~t.the omission was by tho ne:;li~ence an extension of his patent for the seven years to which he was enti- of the attorney of the assoCiation. The petxtioner relied upon the associatiOn to tled by law. The facts show this same corporation which made the file in tim~ and. prosecute the application for the extension of tho letters-patent, and arrangement with him has been manufacturing and selling these ma- but for this reliance he would have px'OCured an application for the extension to have chines. . been ~ade bef~re. it waa too late to ~o so. It ap~rs that the sa.id McKoy Ileeling- machine As~01a.tion has ~een and xs manuf:~:c~urmg and soiling tna{lhines which The gentleman from Illinois [Mr. HURLBUTl holds that this poor embrace theimprovcmentinvented by the petitioner, and which was secured by the mechanic, without money, should go into a lawsuit with this rich aforesaid letters-patent. corporation which is now using these machines and charging the The petitioner ha;s been and is without any consi_derable means, except his daily people royalty in connection with other devices wl!ich they have. wa.,.es as a moohaw~, and he has m&do a contract mth a respon11ible party whereby, in the event tha,t said letters-patent are extended for his benefit, it is believed ho Mr. BLAJ.~D. Will the gentleman frotrl Massachusetts answer me will I't'lalize a. fair a.nd just compensation for his invention :tnd improv('ment. one question T The committee are of the opmion that tho petitioner is entiUOO. to relief, and rec- Mr. CRAPO. Certainly. ommend the passage of the bill herewith reported. .All of which is respectfully Mr. BLAND. Will this company get the benefit of this extension t submitted. . Mr. CRAPO. This company will not get the benefit of this exten- Mr. HURLBUT. I desire t-o sa.y in the first place that I am opposed sion except by paying this mechanic. on principle to all these extensions of patents which are sought to Mr. BLAND. I understan~ they had an agreement by which they be obtaine~ through Congress; and I do not find in this report any were to have the benefit on payment of a royalty for procuring tho reason satisfactory to my mind why Congress should intervene in extension. this caae. The report, a-s I understand, discloses the fact that ninety Mr. CRAPO. Yes, sir. days or thereabouts before this patent expired the patentee made an Mr. BLAND. Will that contract be continued or repealed by th.ia arrangement with some corporation, the name of which I did not billt exactly catch, by which they agreed to see that the extension was Mr. CRAPO. It will not be continued. made. They became for that purpose his agent; and in order to in- Mr. V.ANCE, of North Carolina. That agreement becomes null and duce them to obtain the extension he made an assignment of all his void. ' interes~ in t~e the~ patent and in the extension .which might be pro- Mr. HURLBUT. You cannot repeal a contract betweeh private cured, 1t bemg stipulated that he should recetve a certain royalty parties. 4804 CONGRESSIONAL R.ECORD-HOUSE. JULY 21; Mr. CRAPO. They have not complied with their part of the agree- Mr. V.ANCE, of North Carolina. I call for the previous question. ment, and the contract therefore is null and void. - The previous qnestion was seconded and the main question ordered; Mr. BLAND. I think the bill should be amended to make that and under the operation thereof the bill was ordered to a third read- sure. ing, and it was accordin~ly read the third time. Mr. BELL. Let me ask the gentleman whether this mechanic is The question was on tne passage of the bill. - not now, and ha-s not been during these three years past, in the em- The question being taken, there were-ayes 41, noes 50; no quorum. ployment of the same company f voting. Mr. CRAPO. Not at all; not one day. The SPEAKER pro tempore, under the rule, ordered tellers ; and Mr. BELL. Answer me another question, and that is, whether it appointed Mr. VANCE, of North Carolina, and .Mr. TOWNSEND, of New was not the fault of this mechanic himself that his business was not York. attended to f The House again divided; and the t-ellers reported-ayes 59, noes 41. Mr. CRAPO. His fault was that he trusted to the attorneys of the Mr. SAVAGE. I call for the yeas and nays. . corporation with whom he had made this arrangement, and they de- The yea-s and nays were ordered. ceived him. The question being taken, there were-yeas 62, nays 110, not voting Mr. BELL. It was ignorance, then, of the corporation tow hich he 112; as follows: had sold his extension f YEAS-Messrs. .John H. Bagley,jr., Ballou, Banks, Blair, Bradley,Cabell, Candler, Mr. CRAPO. But that corporation gets no benefit by this exten- Cason,Conger,Cook,Crapo, Davis, Dobbins, Douglas, Dunnell, Eames, Egbert, Gause, sion. It ~oes directly and entirely to this mechanic. Hancock, Hartridge, Hatcher, Hendee, Henkle, AbramS. Hewitt, Hoge, Hubbell, Mr. TOWNSEND, of New York. Mr. Speaker, I feel as though this ThomasL. Jones, Kehr, Kelley, Lane, Leavenworth, MacDougall, McDill, McFar- ought not to pass. This man has lain three years upon his rights. land, Norton, Page, Pierce, Plper, Plaisted, Platt, Potter, Pratt., Rainey, Rea,!ran, William M. Robbins, Sampson, Scales, Sinnickson, Smalls, A. Herr Smith, William Mr. CRAPO. The gentleman from New York will pardon me a E. Smith, Spencer, Thornburgh, Throckmorton, Tucker, R()bert B. Vance, Wait, word. In further explanation of the history of this, I wish t.o say Gilbert C. Walker, Alexander S. Wallace, Wigginton, Willis, and Woodburn-G2. that at the very next session of Congress this party, Mr. Hall, ap- NAYS-Messrs. Adams, Anderson, Ashe, Atkins, Barrby, G~r"'e A. Bagley, plied forthis same permission. A bill granting the extension passed John H. Baker, Beebe, Bell, Blackburn, Bland, Boone, Bradford, Bnght, IIorntioC. Burchard, Burleigh, William P. Caldwell, Cannon, Cate, Caulfield, John B. Clarke, the Senate, came to the House, and only failed here for want of time. of Kentucky, .Jolill' B. Clark, jr., of Missouri, Clymer, Cochrane, Cutler, Da.rrall, It had the nnanimous report of the· House Committee on Patents De Bolt, Diorell, Durand, Ellen, Ely, .Evans, Felton, Finley, Forney, Foster, Goodin, after having pa.ssed the Senate. He therefore is guilty of no neglect. Gunter, Andrew H. Hamilton, Har(lenbergb, John T. Harris, Hartzell, Haymond, Henderson, Hereford, Holman, Hopkins, Ifoskins, House, Hnnter, Hurd, Hurlbut, Mr. TOWNSEND, of New York. Whether he be guilty of laches .Jenks, Frank Jones, Kimball, Knott, Lamar, Franklin Landers, Lawrence, Le or not, this fact is apparent, that there ha~ been three years when Moyne, Levy, Lewis, Luttrell, Lynde, Maish, Meade, Metcalfe, Milliken, Morgan, any man, or any firm, or corporation, could have engaged in the man- Morri11on, New, Oliver, Payne, Phelps, Randall, John Reillv, James B. Reilly, Rice, ufacture of articles nnder what would be this patent if extended. Riddle, Robinson, Miles Ross, Savage, Southard, Sparks, Spiinger, Stevenson, Stowell, Tarbox, Terry, Thomas, Tliomp110n, Martin I. Townsend, Washington Men have in all human probability invested their money in this Townsend, Tufts, Turney Van Vorhes, John L. Vance, Waddell, Charles C. B. machinery, as they may have done during the past three years, to Walker, Walsh, Warren, Erastus Wells, "\Vhitthorne, Wike, Willard, Alpheus S. enable them to carry on this business. This machinery, if this bill . Williams, Charles G. Williams, .James Williams, .James D. Williams, and William becomes a law, will then be thrown upon their hands. B. WilliamR-110. NOT VOTING-Messrs. AinRwortb, William H. Baker, Banning, Ba.'ls, Bliss, The bill only provides, as I understand, that there shall be no re- Blount, John Young Brown, William R. Brown, Buclrner, Samuel D. Burchard, covery for any royalty or damages for having carried on this work John H. Caldwell, Campbell, Caswell, Chapin, Chittenden, Collins, Cowan, Cox, during the three years that have intervened since the expiration of Crounse, Culberson, Danfonl, Davy, Denison, Durham, Ellis, Faulkner, Fort, the patent. Franklin, Freeman, Frye1 Fuller, Garfield, Gibson, Glover, Goode, Hale, Robert Hamilton, Haralson, BenJamin W. Harris, Henry R. Harris, Harrison, Hathorn, Now, I believe there is no way to embarrass and annoy men engaged Hays, Goldsmith W. Hemtt, Ifill, Hoar, Hooker, Hunton, Hyman, Joyce, Kasson, in manufacturin~ pursuits more than the renewal of patents after King, George M. Landers, Lapham, Lord, Lynch, Mackey, Magoon, McCrary, Mc- patents have exprred. The principle is entirely wrong. And there- Mahon, Miller, Mills, Money, Monroe, M ut cliier, Nash, Neal, 0 'B1·ien, Odell, O'Neill, fore I hope that neither this bill nor any such bill will pass tho .John Packer, John F. Philips, 'William A. Phillips, Poppleton, Powell, Parman, Rea, Robbins, R.oberts, Sobieski Ross, Rusk, Sayler, Schleicher, Schumaker, Seelye, House. Shea.kley, Singleton, Slemons. Strait., Stenger, Stone, Swann, Tee e, Waldron, .John Mr. CONGER. This is a case where under the Constitu·tion and W. Wallace, 'Valling, Ward, G. Wiley Wells, Wheeler, White, Whitehouse, Whit- laws of the United States this mechanic had the right to the exclu- ing, Andrew Williams, Jeremiah N. Williams, Wilshire, Benjamin Wilson, James sive control of his machine for seven years longer than he did enjoy Wilson, Alan Wood,jr., Fernando Wood, 'Voodworth, Yeates, and Yonng-112. it. There are now four years of that time which under the Consti- So the bill was rejectfld. tution and laws would have belonged to this man except for the During the roll-call the following announcements were made: wrong-doing; the failure, the neglect of persons whom he intrusted Mr. VANCE, of Ohio. I desire to state that my colleague, Mr. PoP- to go through the form of a formal application for an extension. Tho PLETON, is absent by leave of the House. - gentleman from New York [Mr. ToWNSEND] says that the public Mr. !IAL.~COCK. My colleague, Mr. SCHLEICHER, is absent on ac- have acquired a right to this machine, and that this is taking that count of sickness. right away from them. Here is a very valuable machine in vented by Mr. COCHRANE. My colleagues Mr. STENGER and Mr. Ross are a common day-laborer, of immense value to the shoe trade, for which absent by leave of the House. he has received comparatively no benefit whatever. If he had been Mr. HENDEE. My colleagues Mr. JOYCE and Mr. DENISON are a rich man, a speculator, a man knowing his rights and able to pro- both absent on account of sickness. · tect them, he would not have been compelled to procure the aid of The resul~ of the vote was then announced as above recorded. any company to get his patent; he could have sold his rights and re- Mr. CONGER. I desire to enter a motion to reconsider the vote by ceived his royalty. But he was an ignorant man and a poor man. which the bill was rejected. He trusted those who he thought were interested with himself in Mr. BRIGHT. I would ask if the morning hour has not expired f this machine and they failed him. Under all vi~ws of the case he The SPEAKER pro t-empore. It has expired. is entitled to the seven years' extension. The public had no right to Mr. RANDALL. Has not the House the opportunity to finish this the improvement really until those remaining seven years had ex- bill nowf pired; and yet be is not protected on account of the laches of those The SPEAKER pro tempore. The Chair understood the gentleman he trusted. from Michigan to enter a motion to reconsider the vote by which the I am free to say, that, being careful and guarded, anxiously so, as I bill was rejected. believe the Committee on Patents are and have been, not to report Mr. LUTTRELL. The gentleman from Michigan did not vote with to this House for its favorable action any bill which would take away the majority, and therefore he has no right to enter a motion to re- any public right, or any bill which was not dealing out exact justice consider. and equity to the parties applying, I do believe this House may The SPEAKER p1·o tempore. The gentleman from Michigan will safely trust a report of the Committee on Patents when it is in favor state to the Chair whether he voted with the majority upon this of giving a party the right to claim what he may not by law have question. claimed. I think in the Committee on Patents there are the strongest Mr. CONGER. No, sir; I did not vote with the majority. objectors to withholding or withdrawin(7 from the public any rights Mr. RANDALL. Then I move to reconsider the vote by which the which they have acquired. There have ~een to my certain knowledge bill was rejected and to lay the motion to reconsider on the table. for the last three years, since I have been a member of that committee- Mr. CONGER. I hope the gentleman will not insist on that mo- there have been on that committee continually men who would object tion. Why should thew hole force of the House be pressed upon this to, and oppose, and refuse to make a report unanimous in favor of any poor mechanic f extension nnless their reason and their judgment were convinced that M:r. RANDALL. If a motion to reconsider be entered, the bill will the application was a just one, and that they could safely go before only come np to occupy another hour of' the time of the House; and the House and before the country and claim that what they recom- the House has already decided the question by a vote that renders mended ought in justice to be passed. it improbable that there would be any change of opinion in regard This is especially one of those cases. I think there was no mem her to it. of the committee but beli~ved it the duty, not only the privile~e Mr. CONGER. If the gentleman will allow me to enter a motion but the duty, of the committee to recommend Congress to pass this to reconsider I will not call it up this session. bill. Therefore, ~aving had such ~n examination, having passed the Mr. RANDALL. You can introduce a new bill next session. Senate once, havmg had the nnammous report of the Committee on The question was taken on Mr. RANDALL's motion, and •it was Patents in the last Congress and the unanimous report of the com- agreed to. mittee of this Congress, I trust there wiJl be no objection to the So the motion to reconsiderthevote by which the bill was rejected passage of the bill. was laid upon the table. 1876. CONGRESSIONAL RECORD-HOUSE. 4805 NEW YORK POST-OFFICE. the right to assert the validity of their claims in a court or courts of On motion of Mr. PRATT, by unanimous consent, the report of the justice, to wit: 8,000 arpents to the legal representatives of J. eta- Committee on Expenditures on Public Buildings and Grounds in re- morgan; 2,944 arpents to the legal representat.ives of Peter Proven- gard to the construction of the post-office building in New York was chere; 7,056 arpents to the legal representatives of Fran~ois J. B.Valle; taken from the Speaker's table and referred to the Committee on 7,056 arpents to the legal representatives of Fran~ois Valle, sr, Appropriations. The second section of the bill provides that, if it shall be found that MESSAGE FROM THE SENATE. any tract or tra-cts confirmed as aforesaid, or any part thereof, had A message from the Senate, by Mr. SYMPSON, one of their clerks, an- been previously located by any other person or persons under any law of the United States, or had been surveyed and sold by the United nounced that the Senate had passed without amendment the bill (H. St.ates, this a-et shall confer no title to such lands in opposition to the R. No. 329) t.o remove the political disabilities of George Jackson, a rights acquired by such location or purchase; but the imlividual or citizen of West Virginia. individuals whose claim or claims are hereby confirmed shall be per- ENROLLED BILLS SIGNED. mitted to locate so much thereof as -interferes with such location or Mr. BAKER, of New York, from the Committee on Enrolled Bills, purchase on any unappropriated land of the United States that may reported that they had examined and found truly enrolled bills of be subject to entry at private sale; provided that such location shall the following titles; when the Speaker pro tempm·e signed the same: conform to the legal divisions and subdivisions, and shall not inter- An act (S. No. 333) for the relief of Foster A. Hixon, late a pay- fere with the rights of other pen!ons. master in the Army; · The CHAIRMAN. The gentleman from Minnesota [Mr. DUNNELL] An act (S. No. 952) to remove the political disabilities of G. T. offered the following amendment to the second section of the bill: Beauregard, of New Orleans, Louisiana; Provid-ed further, That no location shall be made on any land north of the Staoo An act (S. No. 983) to extend the duration of the court of commis- of Missouri. sioners of Alabama claims; and An act (H. R. No. 3749) making appropriations for sundry civil ex- Mr. HOLMAN. I desire to move to strike out all in the second sec- penses of the Government for the fiscal year ending June 30, 1877, and tion after the word "purchase." . for other purposes. Mr. BUCKNER. Will the gentleman from Indiana state what will ORDER OF BUS~ESS. be the effect of his amendment f I do not exactly understand it. Mr. HOLMAN. The only effect of the amendment is that in cases Mr. BRIGHT. I move that the House now resolve itself into Com- where the lands embraced in the ori~inal claim cannot be obtained, mittee of the Whole for t.he consideration of business on the Private land scrip shall not be issued in behalf of those parties. Calendar. Pending that motion, I ask unanimous consent that to-day Mr. BUCKNER. Then the object of the gentleman is to violate the be considered as "objection day." law of 1860. The SPEAKER pro tempore. The motion of the gentleman from The CHAIRMAN. The Chair desires to state to the gentleman Tennessee is in order, and he asks unanimous consent pliortoputting from Indiana that his amendment is not now in order, as there is an the motion that the House resolve itself into Committee of the Whole amendment pending. on the Private Calendar that this day shall be considered as objec- Mr. HOLMAN. Mine is an amendment to perfect the text of the tion day. Is there objection to that understanding T bill and I suppose it was first in order. Mr. HOLMAN. I think this ought not to be made objection day. The CHAIRMAN. The amendment of the gentleman from Minne- Mr. WHITE. I object. sot:l. is also to perfect the text of the bill and is first in order. Mr. RICE. I desire to move to go into Committee of the Whole on The question was put on Mr. DUNJ\""ELL's amendment; and on a di- the state of the Union for the purpose of considering the bill (H. R. vision there were-ayes 41, noes 15. No. 280;3) to provide for arrears of pensions on account of death or Mr. BUCKNER. I raise the point of order that no quorum has · wounds received or disease contracted in the service of the United voted. · States since the 4th day of March, 1861, and for the payment of the Tellers were ordered; and Mr. BUCDTER and Mr. DumTELL were same. appointed. The SPEAKER pro tempol'e. Is that a spedal orderf The committee divided; and tellers reported-ayes 41, noes 33. Mr. RICE. It is. No further count being demanded, the amendment was declared The SPEAKER pro tempore. The motion of the gentleman from adopted. Ohio will be in order if the motion of the gentleman from Tennessee Mr. HOLMAN. I now offer my amendment. I understand, al- be voted down. though I have not been able to look into the history of these claims, Mr. RICE. I hope the House will refuse to go into Committee of that two of them have been reported on adversely by the Commis- the Whole on the Private Calendar, as this is not objection day. sioner of the General Land Office. Will the gentleman from Mis- Mr. BLAND. Have I not the right to raise the question of consid- souri inform the committee what is the fact in regard to thatf eration between going into Committee of the Whole on the Private Mr. BUCKNER. Two of them have been reported upon adversely Calendar and t.he bill reported from the Committee on .Mines and by the Commissioner of the General Land Office; that is true. Miningf Mr. HOLMAN. I find this statement in the report: · The SPEAKER pro tempore. The bill reported from the Committee The claims thus provided for are described in the first section of the act as being on Mines and Mining cannot come up except in the morning hour. for lands claime{l by viitne of "grant, concession, order of survey, permission to [Cries of "Regular order."] The regular order is the mo~ion of the settle, or other written evidence of title," emanating from any foreign government, gent.leman from Tennessee that the House resolve itself into Com- bearing date prior to the cession of the territ()ry out of which said States were mittee of the Whole on the Plivate Calendar. formed, &c. The recorder of land titles at Saint Louis, after hearing the evidence in each of these cases, decided in favor of their confirmation, tespectively, that is The question was taken; and on a division there were-ayes 91, to sav: to the Iecral representatives of .Tacqnes Clamorga.n, 8,000 arpents; of Peter noes 41 ; no quorum voting. Prov.enchere, 2,9'44 arpents; of Fran«;l()is Valle, jr., 7,056 arpents; and of .r. :Baptiste Tellers were ordered; and Mr. BRIGHT and Mr. RrcE .were appointed. Valle aml.FranQOis Valle, sr., 7,056 arpents. Mr. RICE. I would inquire if this is objection day f The Commissioner of the General Land Office approved of the decision of the recorder as to the two claims first above mentioned, and under the law his judg- The SPEAKER p1'0 tem._pore. It is not. ment is final and conclusive against the Government as to them. As to the two Mr. EDEN. I object to debate. claims, each a lea~e square, ('1 ,056 arpents,) of Fran(}ois Valle, jr., and .T. Baptiste The SPEAKER pro tempo?'e. No debate is in order. Valle and FranQOlS Valle, sr., that officer disapproved of the judgment and decision Mr. SAVAGE. I move that the House do -now adjourn. of the recorder, on the ground that the papers "filed in these cases do not show either a grant, ooncession, order of survey, permission to settle, or other written The question was taken, and the House refused to adjoi.rrn. evidence of title." The House divided on Mr. BRIGHT's motion; :md the tellers re- ported-ayes 110, noes 37. Now, there are two facts to which I wish to call the attention of So the mot.ion of Mr. BRIGHT was agreed to; and the House accord- the committee. The Committee on Private Land Claims assumed ingly resolved itself into Committee of the Whole on the Private Cal- that the judgment of the recorder of land titles for the State of Mis- endar, Mr. SPRINGER in the chair. souri was final, and especially final if confirmed by the decision of the Commissioner of the General Land Office. Now, the gentleman LAND CLAL\18 L.~ l'lllSSOURI. from Missouri in making the report is certainly in a mistake as to The CHAIRMAN. When the committee wa-s last in session it had that. The act of 1860 does not make the adjudication of the recorder under consideration the bill (H. R. No. 819) to confirm certain land of land titles final or that of the Commi.ssioner of the General Land claims in the State of Missouri. Office, but simply requires them to report to Congress. This officer, Mr. HOLMAN. I ask that the bill be again read. the recorder of land titles in Missouri, was simply required to ex- 'fho Clerk read the bill. amine into the facts and report them to the Commissioner of the Gen- The first section of the bill provides that the decisions made in eral Land Office, and he was to report them to Congress for its action. favor of land claimants by the recorder of land titles at Saint Louis, I am confident that if we pass claims like these, which were rejected Missouri, acting as commissioner, under the act of Congress approved as far back as seventy years ago, when the facts were fresh and known, June 22, 1860, entitled "An act for the final adjustment of private and two of which have been actually rejected by the Commissioner land claims in the States of Florida, Louisiana, and Missouri, and for of the General Land Office on re-examination, we shall certainly be other purposes," extended l)y an a-ct of Congress approved June 10, running the risk of doing injustice to the people of the county, and I 1872, as entered in the transcript of decisions transmitted by said re- think we should do no injustice in rejecting them after this long corder to the Commissioner of the General Land Office, and by him lapse of time. laid before the Forty-third Congress, be, and the same are hereby, I think this bill oucrht not to pass, and certainly it ought not to pass confirmed; saving and reserving, however, to all adverse claimants in snch a. shape as to"' give to these nnknown persons, persons whose 4806 CONGRESSIONAL RECORD-HOUSE. JULY 21, names are not furnished, the descendants of ancestors who must have tlers in Missouri f How will the Representatives from Missouri an- died sixty-five or seventy years ago, land-scrip to be located in Mis- swer to their constituents when the corporation prosecuting t.he e souri or in any other part of the country. I think we can safely claims shall take 20,000 acres of land in Missouri, that ought to be stand upon the statute of repose, the statute of limitations in its divided up into small parcels for settlers, in order to satisfy this olu, mOl'al force as recognized by all the States. After this lapse of time.! effete claim f Even in that case the argument applies just as welL after these claims have been rejected when the facts were fresh and Now, sir, if this were a claim of the direct heirs of an owner who new, it is perfectly safe to apply to them a reaeonable statute of lim- had presented his claim properly, and, without any fault of himself itation. or his ancestors, had still a subsisting, valid, genuine, equitable claim Mr. DUNNELL. I have an amendment which I will offer. It is against this Government under the treaty, the case would be pre- to strike out all of line 19 after the :first word in the line, and all of sented in a very different light. But this committee h¥not been in- lines 20, 21, and 22. formed who the representatives of these dead claimants may be. We Mr. GUNTER. Is there not already pending an amendment to know nothing of the parties now interested in these claims. I cer- strike out that portion of the section f tainly am opposed to granting any such application as this. Why, Mr. HOLMAN. The ~entleman from Minnesota [Mr. DUNNELL] sir, all along the line from Mackinaw down the lakes, wherever the must keep this fa.ct in mrnd: that all these claims were rejected when old French settlers had their homes while that territory belonged to they were perfectly fresh. France or while it was a portion of the territory of Great Britain, Mr. BUCKNER. I undertake to say that the gentleman is misstat- the direct descendants of claimants were compelled to take one- ing the facts in regard to the law; they never were rejected. fourth, one-half, and three-fourths of their lands when they had con- Mr. HOLMAN. Did not my friend state that they were rejected T clusive title to those lands. Because the Government had disposed Mr. BUCKNER. They were never rejected under the law of 1860, of a portion of those lands, they were compelled to take what was because that law did not cover this case. left; and this, too, when there had been only a few years' neglect to Mr. HOLMAN. Certainly; but they were rejected under the law prosecute their claims. Here there is neglect to prosecute the claims of 1805. either under one or the other of these governments for a hundred Mr. BUCKNER. Yes, and under the law of 1836. years, as I understand. Mr. HOLMAN. They were rejected under the law of 1805 and under Mr. BUCKNER. No, sir; not that long. the law of 1836, the first law having been enacted shortly after the :Mr. CONGER. It is aBSerted here that these claims have been out- treaty was made by which this territory was acquired and the standing for seventy-five years, during which, aa the gentleman from other law having been enacted within such a period of time that the Indiana says, the authorities of the United States at long intervals facts in regard to the ca.se were comparatively fresh. In the disturbed apatt have twice rejected these claims on account of their lack of period of 1860 a measure wa.s urged through Congress: it would seem, validity. What new fact does the gentleman. from Missouri offer as simply with a view to give these claims the advantage of a favorable a. reason why theee claims Hhould now be confirmed by Congress f report by thie subordinate officer, the recorder of land titles in Mis- I cannot see that these claims conform even to the law of 1860, under souri, and the confirmation of the Commissioner of the General Land which they are sought to be supported. I have heard nothing in this Office, after which they were to be brought before Congress for action. report or in the discussion to sh6w that these claims come at all These claims had been rejected at times when the facts certainly within the purview of that law. For myself I am entirely opposed were better known than now. Now, after the rejection of these to this bill. claims in 1805 and in 1836, I object that it is not common fairness I now return the :floor to the gentleman from Indiana, [.Mr. HoL- that a law shoultl be passed through Congress for the purpose of over- MAN,] who yielded it to me. ruling those decisions and then making that law obligatory upon a Mr. BUCKNER rose. subsequent Congress in order to confirm the improper advantage thus Mr. HOLMAN. The gentleman from Missouri [Mr. BucKNER] obtained. I am so impressed with the belief that the claims of this wishes of course to be heard; and until he has spoken I will with- class against the Government are not entitled to favorable consider- draw my motion to strike out the enacting olanse. ation by reason of repeated rejections when the fa.cts were all known Mr. D UCKNER. Mr. Chairman, it is a little singular that after that I desire to submit a motion to strike out the enacting clause of millions ancl millions of acres of land iu this country have been givon this bill. I do not wish to see the public lands exhausted in behalf to the corporations of the Northwest- of these questionable and unknown claimants, when they should be Mr. HOLMAN. And Missouri. held in sacred trust by this Government in order to secure homes for Mr.BUCKNER. No,sir; Missourigotverylittle. Itisverystrange actual settlers. after all these grants that objection should now be urged to this bill; · lli. CONGER. I ask the gentleman not to make his motion until and these objections come with a peculiarly ill grace from my friend I can be heard for a moment. from the Northwest, [Mr. Co~GER,] when we are asking simply that lli. HOLMAN. I will withdraw the motion for the present. a law which was designed to execute the treaty under which this ter- Mr. CONGER. So far as I have heard, no information has been ritory was ceded to the United States shall be complied with. Gen- communicated to this House that there is now in existence any human tlemen say that this is a stale claim. being entitled to this land, nothing to show who may be the claim- Mr. HURLBUT. Will the gentleman state whether in the treaty ants to this 100,000 arpents of land. there was not a limitation of time within which all these claims should Mr. BUCKNER. Only some 20,000. be presented T Mr. CONGER. There is one claim for 82,000, I believe. lfr. BUCKNER. Yes, sir; and these parties complied literally Mr. HOLMAN. It is about 24;.000 arpents. with that provision. Mr. BUCKNER. About 20,00u acres. Mr. HURLBUT. And their claims were rejected. Mr. CONGER. I thought there was a larger amount in one of the Mr. BUCKNER. No, sir; they were never considered, because they claims, making the claims in all something like 100,000 arpents. That, did not come within the terms of the law under which the commis- however, is immaterial. Who are the men coming here seeking this sioners were acting. Thill appears from the reports which have been a-ction of Congress T What old land company has got up this claim T presented, and which will be found in the executive document be- The gentleman has not told us. fore me. Mr. BUCKNER. I will state to the gentleman- A lar~e number of claims that have been confirmed in the State of Mr. CONGER. I would rather you would stat~ when I get through. Missouri were confirmed under the act of July 4, 1836; and even as Mr. BUCKNER. Very well, I will do so. to claims which were r~jected under that report, Congress has since Mr. CONGER. Howlonghasthisscheme been concocting, to secure authorized them to be allowed and confirmed. an old claim a hundred years old, or seventy years old, whatever it But in the act of 1860, with which I had nothing to do, and I do not may be-how long has there been concoct.ing a scheme to go into suppose that any gentleman on this floor had anything to do with it, other States like Iowa, Indiana, Michigan, to go into the western ter- Congress thought proper, in order to carry out the terms of its pledge ritory, and take in lieu of some old dead, slumbering claim the public of faith in the treaty with France, to amend the previous law. I la.nds, that ought to be reserved for actual settlers in parcels of one will send to the Clerk's desk the law of ltl60 in order that gent.lemen hundred and sixty a-cres ea-ch T Why should these unknown repre- may know the provisions under which they are acting, and if the8e sentatives of these claimants, these unknown men, be allowed to go claims are t{) be repudiated the circumstances under which it is done. and select the choice parcels of land in other States, this Committee This act of 1860 was continued by the act of 1872. While these of the Whole having voted down an amendment to confine the loca- claims were regularly presented, while regular notice was given of tion of any remaining part of their claim to the State of .Missouri.T the existence of the claimsi which notice was :filed in the proper Mr. BUCKNER. The gentleman is mistaken about that; that office, 1)lere was no law unti 1860 by which they could be allowed or amendment was adopted, and therefore Michigan is not interested in confirmed. this bill. The Clerk read as follows : Mr. CONGER. There was not a very large vote for the amend- An act for the final adjllBtment of private land claims in the States of Florida, ment. Louisiana, and Missouri, and for other purposes. Mr. HOLMAN. The amendment of the gentleman from Minnesota Be it enacted bv the Senate and Hott8e of Representatives of the United States of [Mr. Du~"NELL] waa adopted. America in Oongrea8 assembled, That any person or persons, and the legal repre- Mr. CONGER. It m~.y not be adopted by the House, and I thought sentatives of any person or persons, who claim any landslyin~ within the States of it was lost in the committee. But wby should we allow these persons Florida, Louisiana, or Missouri by virtue of grant, concesawn, order of survey, permission to settle, or other written evidence of title erna.nating from any forei~ to go into Missouri, where there may be public lands, and take 20,000 government, bearing date prior to the cession to the United States of tho territory or 24,000 acres of the public land for, it may he, the representatives out of which said States were formecl. or during the period when any such gov- of a land company, a speculating company, take them f1·om the set- ernment claimed sovereignty or had the a{)tual possession of the district or teni- 1876. CONGRESSIONAL RECORD-HOUSE. 4807 tory.in which the Ian~ so.claimed are situated, .shall be, a.~d ~flY are hereby, au· attempting to excite the House with the idea t~at this is an ol~, stal.e th~nzed.to make applicat10n ~or the jected again editaments, and particoJarly stating the date of the grant, concession, warrant, or in 1836. It now comes up again, and the gentleman demands that order of survey under which they claim, the namo or names of any person or per- the old policy of the medireval period of tlie Middle Ages shall pre- sons claiming the same or any part thereof by a e confirmation; praying in said petition that tho validity of such title or claim may recognized by Congress. be inquired into and decided by said court; :mll tho srud court is horeby authorized and required to hold and exercise jurisdiction of overy petition presented in con- Mr. RIDDLE. Does not the gentleman conceive it to be the duty formity with the provisions of this act~ and to bear anstablishcd ; antl tho answer of tho •listrict attorney of the United States,_ where he may havo 1ilotl an answer arcord in!! to the evidence 1\lr. HOLMAN. If the gentleman from Tennessee [Mr. RIDDLE] which shall be auduced by tho petitioner by any person inrerestetl in preventing will look over this w.Q.ole legislation from 1804 to the present time, 1876. CONGRESSIONAL RECORD-SENATE. he will find that those claims stand upon just the same terms as the Tellers were ordered; and Mt. BucKNER and Mr. HoLMAN were ap- others. The committee is right; the distinction which the Commis- pointed. sioner of the General Land Office seeks to make between the last The House divided; and .the tellers reported ayes 78, noes not claims and the two first is purely imaginary. Th~ title to the one is counted. just aa good as to the other. So the motion was agreed to. Mr. RIDDLE. Are we under no obligations in regard to those Mr. SAVAGE. I move the committee rise. claimsf The motion was agreed to. Mr. HOLMAN. Under no obligations f All the acts of Congress The committee accordingly rose; and the Speaker pro tcmpm·e hav- under the treaty up to 1860 were for the purpose of furnjshing facts ing resumed the chair, Mr. SPRINGER reported that the Committee of to Congress. I move to strike out the enacting clause of this bill. the Whole on the Private Calendar had had under consideration a bill Mr. FORT. I would like to say just one word. (H. R. No. 819) to confirm certain ]and claims in the State of Missouri, Mr. HOLMAN. If the gentleman will renew my motion to strike and had directed him to report the same back to the House with an out the enacting clause, I will withdraw it for the present. amendment striking out tho enacting words. Mr. FORT. I will do so. I see that in the eleventh section of the Mr. HOLMAN.. I demand the previous question. act of 1824 there is a provision which meets this exact case; a provis- The previous question was seconded and the main question ordered. ion that where any lands belonging to these claimants under any :Mr. BUCKNER. I demand the yeas and nays. grant, concession, or survey have been sold by the United States the The yea~ and nays were not ordered. claimant shall have the right to enter upon any other lands then sub- The SPEAKER pro tempore. The question is, Shall the enacting ject to entry. This act of 1824 makes it lawful for the claimant to words be stricken out f · file his petition before the proper court, and to set up and maintain The motion was agreed to. his right to the land; and if the land has been sold by the United Mr. HOLMAN moved to reconsider the vote by which the enacting States (as the gentleman from Missouri claims was done in this case) words were stricken out; and also moved that the motion to recon- it is provided that the claimant shall have other lands in lieu of those sider be laid on the table. sold. The latte.r motion was agreed to. . In view of the provisions of this act of 1824, which cover the exa-ct state of facts alleged to exist in this case, I can see no reason what- FUNERAL EXPENSEp, OF AN EMPLOYE. ever for the passage of this bilL Mr. McliAHON, by unanimous· oonsent, submitted the following Mr. BUCKNER. The act referred to by the gentleman from llli- resolution; which was read, considered, and agreed to : nois, [Mr. FoRT,] as read by himself, provides that where a party Resolved, That the Clerk of the House of Representatives be directed to payou · makes claim under a grant, concession, order of survey, or permission of the contin~ent fund the funeral expenses of Lawrence J. Riley, late an emt to settle, then he shall be authorized to go into court and prosecute ploy6 of this House. his claim. But the act of 1860, aa I have said time and again, en- LEA.VE OF ABSENCE. larged the rights of these parties by providing that any party who had any written evidence of title from the French government prior By unanimous consent, leave of absence was granted in the follow- ing cases: · to the cession should have his claim confirmed. • Mr. HOLMAN. Does not my friend concede that the act of 1860 To Mr. STEVENS indefinitely after the 23d instant; in its enlargement of the rights of these parties went far beyond the To Mr. W A.LLACE, of South Carolina, for ten days on account of rights which they bad possessed under the treaty with France f important business; and Mr. BUCKNER. No, sir. To Mr. HATCHER indefinitely. Mr. HOLMAN. Certainly it did. The act of 1812 comes up fully Then, on motion of Mr. SAVAGE, (at three o'clock and twelve min- to the requirements of that treaty. utes p.m.,) the House adjournesed it to be a decoration instead of being a heathen mythologi- promise we made on the 5th of July will be made. If the Senate ca s1gn. think it advisable to adopt the proposition of the Senator from Ver- Mr. President, if the corporation that hold this monument now in mont, I do not know that I shall have any objection to it, except their custody consent to abandon it, it seems to me that the Govern- that it authorizes three men to change entirely the plan of this im- ment of the United States ought to be left free to select their own provement. I' do not think that power ought to be invested in any style and character of a monument, and select one that we know in one. We ought to finish it according to the plan proposed, agreed the outset will not cost more than a given and fixed sum. I have as- upon, adopted years ago, and now tinally after some modifications certained that we can complete an arch anywhere from 300,000 to agreed upon by those who are intrusted with this work. But if the $500,000, just in proportion to its amount of ornamentation ; that Senate think it proper t-o make tbe amendment I shall make no ob- there is enough in the huge pile of marble to construct it with the jection. I am willing to take the vote upon it. As to the examina- exception of such pieces of marble as would have to be decorated for tion of the foundation by a board of engineers, I have no objection the moldings or for any other purpose in the way of pilasters or at all, though that has already been done. Without detaining the columns. But if this bill is to pass, I propose to offer the amendment Senate, I ask a vote on the proposed amendment and hope we may which I send to the Chair; and I leave it for the good sense of the carry the proposition, whatever it is, that we agree upon by a unani- Senate to do whatever they think best. If they think it best to fin- mous vote. ish t.his, and I would rather do this tha.n do nothillg1 but I think it Mr. MORRILL. A single word, Mr. President, in relation to the would be preferaule to do the other thing and that 1t would be far unanimous approval of the proposition on the 5th of July. There w~ less expensive to the United States, and when done it would be un- not a word of discussion, and I must say t.hat I clid not comprehend questionably a thing of which the country might be proud and en- what was before the Senate, coming in at the door just as it passed, tirely worthy of Washington, as this monument that is proposed I until after it had passed. I merely, however, desire to call the atten- tllink will utterly fail to be. tion of the Senate tow bat I have stated in regard to the uncertainty The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The of the foundation, and I will read from the engineer's report: amendment of the Senator from Vermont [Mr. MORRILL] will be read. The weight of that portion of the shaft already completed approximates 58,705,000 The CHIEF CLERK. The amendment is to add to the bill: pounds, and of the foundation itself 21,565,800. The bed of the fonndation has SEc. 2. That before any work shall be commenced upon said monument a plan therefore borne for eighteen years, without signs of weakness or failure, the weight for its full completion shall be made and approved by the President of the United not of 80,270,800 pounds, and while there is no apparent reason to believe that it will States, the Supervising Architect of the Treasury, and the Architect of the Capitol, onlybear the aduitional weight of 67,095,000 potmds yet to be placed upon it, there is negative proof of its security: and it would therefore be culpable to att.empt and that the ultimate cost of the same shall not exceed the sum of $600,000. to complete the obelisk on the present plan until a. thorough examination of the SEc. 3. That prior to commencing any work on said monument an examination shall be made as to the foundation of the proposed monument in order to thor- nature as human of the subsoil and its capacity to resist compression makes it certainhas far mind can foresee, that the monument will be as enduring as is t e ma- ou~hly ascertain whether it is sufficient to sustain the weight of the completed strncture; and if the same shall be found insufficient or detective, or if the base terial of which it is composed. shall be found out of level, the persont1 authorized to continue the construction of Mr. SHERMAN. What does the Senator read from T the monument under the first section of this act may make auy change in the form Mr. MORRILL. From the report of William L. Marshall, first and style of the structure which they &hall agree upon, not to exceed the limit as to cost, mentioned in section 2 of this act, and which thoy shall judge will be equally lieutenant of engineers. appropriate as a national monument to Washington. Mr. EDMUNDS. What date f Mr. MORRILL. Under date of February 19, 1873. Mr. ::;HERMAN. I will detain the Senate but a moment. I sup- posed that this question of the construction of the Washington Monu- The weight of the entire shaft, if reared to the full heiJiht of 600 feet., allowing 170 pounds to the cubic foot of masonry will be 1~,800 , 000, bearing upon a. ba.<~e ment was settled by the unanimous action of both Houses of Congress of 2,400 square feet. The pressure is, therefore, about 26 tons per superficial foot, on the 5th day of July. I supposed that we had made up our minds or less than one-eleventh the crushing weight, supposing that the strength of the to complete the Washington Monument as it is now proposed, and material does not exceed that of ordinary saudstone for building purposes. that that was settled by the unanimous vote of Congress on a resolu- Mr. SHERMAN. Ought not the Senator to state that the very sug- tion which I believe was sanctioned by almost everybody who spoke gestions contained in this report have been adopted by General Hum- on the subject. The only doubt expressed by the people was that in phreys, and are incorporated in t.he plan on which they are working some way or other our promise would be like the other promises which now T The modifications have been made. have been made before in regard to the Washington Monument. I M.r. MORRILL. This report goes on: am sorry to see any opposition made to this bill. Now let me answer Owin~, however, to the faulty manner of cutting and laying tho blocks of the in a minute or two all that was Stlid by the Senator from Vermont. marblo facing of the obelisk an undue pressure is thrown near the exterior edges In regard to the examination of the foundation, I hold in my hand of tho joints. The chippings and splintering of the blocks from this cause may an official report signetl by Captain Marshall, of the Engineer Corps, become aggravated as the weight of the obelisk increases, thusmarringtheappear- ance of the monument . .and approved by General Humphreys, giving in detail the statement of the engineer that the foundation is ample. They have suggested I only desire t-o call attention to this to show that the intimation certain modifications, and these modifications have been adopted. I gave was not without sufficient authority, and I am not aware that I ha.ve here also the plan of the present corporation, which is with- any thorough examination has ever been made since 1&73, the date out means to execute it. Here is the authentic plan signed by John of this report. B. Blake, secretary, showin~ a shaft exactly similar to Bnnker Hill Mr. SHERMAN. I desire to call attention to the fact that this monument. The Senator trom Vermont ridicules the plan of this same officer in a letter to General Humphreys, dated Washington, Dis- monument. It is an exact copy of the Bnnker Hill monument, ma~­ trict of Columbia, Apri120, 1874, pa{Te 11 of this official document- nified many times. There cannot be anything so strangely absurd m this new board having adopted nearly all the suggestions contained it when the Bunker Hill monument is regarded, I believe, as the best in the previous report-makes an official statement that the founda- monument in the United States to commemorate revolutionary events. tion is ample and secure. Here is the monument, [exhibiting plan,] and it is completed now Mr. EDMUNDS. Let ns hear a part of it, if you please. to the height of one hundred and seventy-four feet. The proposed Mr. SHERMAN. I will read it: height is four hundred and eighty-five feet. The foundation is eighty These modifications will reduce the additional pressure from 57,000,000 pounds to 22,000,000 pounds, or about one-third the entire weight of the obelisk as ori~i­ feet square, eight feet below the surface, and seventeen feet above nally proposed. The additional pressure upon the foundation will bo 1.8 tons per the surface. There is an artificial structure seventeen feet above, superficial foot instead of 4~ tons. · making altogether twenty-five feet for foundation. The monument The stability of the shaft at this joint will not be reduced, and the stroctur~ will was commenced July 4, 1848; the cost· so far has been about 230,000; be of more eiegant proportioll8 when ita height is seven times instead of cloven times its base. and there is required to complete the structure, including the terrace, The dimensions of the shaft, if so modified, will be 55 feet square at base, 38.33 auout $350,000, of which there is a detailed estimate in the document feet square at top, and 437 ..t! feet from apex to base of foundation. Lefore me, being the report of the Select Committee on the Wash- Herewith is inclosed a rough sketch, drawn to a scale of one inch to twenty foot, ahowin~ tho relations between the shaft as originally designed, the portion now ington Monument of the House of Representatives, where these de- built, and the shaft as proposed above, with a plan for a terrace at its base 200 feet tails are all given. · square at top, 17 foot high, terminated by slopes of two-thirds; with grass plots Unfortunately this work is now in the bands of a corporation cre- and paved walks, and ascend on the east and west sides by plain stone steps 24 feet ated by Congress and subject to be repealed by Congress, and that wide. corporation has not any means whatever to complete it. There have The approximate cost of completing the shaft to four hundred feet and the ter- race at its base is- been complaints made that money heretofore given !Jy private sub- 38, 749. 9 cubic feet marble facing. at e;l.25 .••.....••....•.•••••.••..... $125, 937 17 scription to aid in the Washington Monument has been diverted or 5, 013 cubic yards brick-work, at$16 ... .. . ...... ...•... ....... .. .••..• 80,208 00 wasted in expenses, and the United States now have by solemn vote 30, 004 cubic yards embankment, at 40 cents......................... . . 12, 001 60 1876. CONGRESSIONAL RE.CORD-SENATE: . 4813 4, 136 squa.r e yards flagging, at $7.29 ••••••••••••.••••••••••••••••••••• $29, 7i9 20 . Mr. SHERMAN. The bill provides that it shall be in charge of the 3, 896 linear fooj, curbin~, at $:t25.: :. . . . . . . . . . . . . . . . . . .. _••••..••.••. 12,672 00 Supervising Architect of t.be Treasury, the Architect of the Capitol, 2, 847 square yards soddmg and soilmg, at 85cents .....•..•..•.......• 2, 419 95 Z'JO. 4 cubic yards backing for steps, at$11 ........••...•••...••.••.• 2, 754 40 and the President of the United States, and it must be done under 1, 478 4 cubic feet cut-stone steps and coping, at $4 ....••........•.... 5, 913 60 the laws regulating the construction of public buildings of the Treas- Iron roof and stairway .••...•.•.••••..•.••.•••••.•.••••••..•••....•... 39,000 00 uty Department under contract. I will say that if it is true that the foundation is six-tenths of an inch out of level I do not think that ~~~ ~l~ : .:::::::::::::: ::::::::~::·: :::::::::::::::::::·i2~:· ~r ~~ 310,685 310,685 ~ ~ would impair very much the strength of the foumlation. But tho s~nator alleges a fact which would at once put a stop to the work; and on the statements of the Senator himBelf it could not go forward So that the very recommendations of the engineer have been at alL Besides he speaks of its costing $600,000. Is that the cost adopted in this plan that I have, and this is the plan. [Exhibitinu.] from the beginning or only the cost from this time forth f Mr. EDMUNDS. Mr. President, I am a little afraid that the amm~d­ Mr. MORRILL. I only propose these· sections, not for the purpose ment of my colleague, if adopted, wonlU d~fen.t the object we have in of embarrassing the bill, but of perfecting it. If the bill is to pass it view. The persons who now control this monument are a corpora- certainly ought to be limited as to the amount that the United States tion, and they have the rights that belong to a corporation to whom shall become responsible to pay. I propose that the United States grants have been made. Even if we have the power, as I have no shaU not be responsible for more than $500,000. doubt we have-I think it is contained in the act-to alter, amend, or Mr. SHERMAN. I think that is more than enough. repeal the incorporating act, and if we were to repeal it., all the prop- Mr. MORRILL.. I don bt whether it can be completed for that sum, erty that is there would still be theirs if they did not owe any debts. certainly not for less, whatever the engineers and architects may Now, as we have understood, the larger part of these gentlemen, and say. the people who have contributed the money so far as it has been con- Mr. SHERMAN. That is only an invitation for them to spend tributed for the structure, are wedded to the idea of not taking down $600,000. We have the report of the engineers that it will cost but anything that has been started for the honor of Washington, so that $310,000. I suspect that you would find this corporation would decline to trans- Mr. MORRILL. If the Senate is willing to limit it to less, I shall fer its property to the United States on the terms of the amendment. go for a less sum; but I do not believe it ·c an be completed for any My colleague states, and truly undoubtedly, th~t the base is now such sum. It will take from thirty to :fifty thousand dollars to finish out of level by six-tenths of an inch as a fact. Supposing that to be up around the base. the fa.ct, as I hn.ve no doubt it is, then this amendment provides that Then, in relation to the base being six-tenths of an inch out of level if the persons charged with the completion of the monument find I do not know; but it seems to me that if this thinu 0 is to be run up that to be a fact, then inst.ead of going on with this monument they to four hundred and eighty-five feet in height, and is fonr inches now are authorized to go on with anytuing that they like with that ma- out of plumb, it will be when finished like the leaning tower of Pisa. terial; that is the short of it. I do not think we shall get ahead at I should doubt much the prudence of completing it if it shall b.e found all with that provision. I should be quite willing to vote for a provis- to be so much out of plumb. ion which said that these gentlemen having · charge of the work, if I do not desire to embarrass the Senator from Ohio at all, if it is they found that the ba~e was so out of level as to fnrnish reasonable the sense of the Senate that this is such a bill as ouO'ht to pass; but I ground of fear that the greater weight upon it woulcl still more dis- would infinitely prefer something that would cost not more than two- place it, and ~ak~ the structure insecure, should repor~ to Congress thirds of the money, and be, a.s I think, much better; but at the same for further d1rect10ns. That would be one thing; but to say thn.t time I do think that we ought to limit too amount, because otherwise upon the existing facts-for that is what it amounts to-because the the architects may go on n.nd construct this under the fh'st plan, the base is out of level hy ]talf an inch, this corporation is to turn over second, third, or fourth. There is no limit whatever to the ultimate this structure to a commission to do what it likes with it, to make a expense, and certainly I think there ought to be an examination as to tr~ump~al arch, which certainly would be a very fine thing, it never the foundation; for the late Architect of the Treasury, .Mr. MuHett wtll do 1t, because I have very good reason to believe (for I have in- told me he would not risk an ordinary building, such as he was pu~ terested myself in my humble way about this business for some years ting up every day for the Government, on this foundation. The · and early in this session introduced a proposition which went to my foundation ought to be examined there at least to the depth of thirty colleague's committee to complete this monument) that instead of feet, to see what the nature of the ground is, or until they find hard- the monument going on un may be- With forty thousand more, lieve, to be the public interest. So I must ask to be excused from going for this bill on the ground that the House of Repre eutativ~s is" the which I believe is the exact sum of dollars that my friend from 1'\fichi- body of the people;" and I feel quite sure that my honorable ft·,cncl gan wishes to have the Senate understand his State gets, or, if we can- from Michigan on reflection will agree with the general principles not get that, then we are to take the bill as the Senate haye perfected tha.t I have stated. it-save the mark-not as the committee, but as the Senate has per- Mr. FERRY. Will the Senator allow me f fected it, by increasing $40,000 more for Michigan to $50,QOO or so. Mr. EDMUNDS. With pleasure. Bntthe particular point to which I wish to draw the attention of the Mr. FERRY. Mr. President, I do not know from what the Senator Senate now in the remarks of my honorable friend the President of has said that I am disposed to take back what I stated, l.Jut I think the Senate as the ground for pressing this bill throu~h, hit or miss, I will reiterate it. The view in which I stated that the House of Rep- without regard to the perniciousness of any of its Items, but as a resentatives represented the body of the people was that the members whole, is that in his remarks of the 15th of July, as the prime or car- of the House of Representatives are elected by the people by districts dinal reason for onr swallowing the bill whole, he said: casting taeir votes directly for the members representing those dis- We will have a bill that appropriates $5,800,000, which the House of Represent- tricts and composing the body of the Honse of Representatives. It atives has passed, and this, remember, is the body of the people. was in that light that I spoke of that body as more immediately rep- Whether the Senator meant by that that the House of Represent- resenting the people. In the theory of our Government I uuderstautl. atives is the body of the people as the posse oomitatu,s in the counties that the Senate more directly represents the State ina much a the is the body of the county that the sherifl' ma.y call upon in case of Senators are elected by the Legislatures of the States, which bodies suduen distress and everybody rallies to the flag, or whether he meant, are elected by the people of the respective States. as I suppose he did, that the l.Jody called the House of Representatives I do not differ with the Senator from Vermont when he states that • is a body that comes from the people, I do not particularly know, the Senate of the United States also represents the body of the peo- but I suppose that is what he meant, and I ta.ke it in that sense. I ple; but according to the theory of our Government this body is infer from that remark that the Senator imagines and believes that farther removed from the people, and, as he said, the members of the this body does not come from the people, but comes from some ex- House of Representatives represent the fluctuating sentiment of the traneous foreign source or territory, ami that it does not represent peonle, because their election was more frequent and they are more the just, conservative, steadfast, uniform judgment of the people of often called to answer to the judgment of the people. So in that the various States; and, therefore, no matter what our individual sense I wish my words to stand that the Honse of Representatives opinions may be about this item or that item or the other, we are rather than the Senate represents the body of the people en ma-sse, boond to take it because the Honse of Representatives, being "the while the Senate represents them in their aggregated capacity in the body of the people," or, as in old times, six, or eight, or ten years ago, form of States. nsed to be called the tribtmes of the people, have thought it was Mr. EDMUNDS. Mr. President, my friend says that he wishes his wise or expedient, and that the only discretion left to us was that words to stand in the sense that he now puts upon them, which is ex- very narrow one that belongs to the servants to register the edict of actly the opposite from the natural sense that reading his words as the other Honse, because it 1s "the body of the people." he stated them would bear to any intelligent reader, for he was urg- Mr. President, with the greatest possible deference to my friend ing us, almost commanding us, to put this bill through, right or wrong from Michigan, I must be excused if I differ with him. According to as it might appear to our judgment, because the Honse of Repre ent- my under~~~~~ of tp.e fc.am_e-work of this Government, the Senate atives had passed it and it was the body of the people. The Senator • 1876. CONGRESSIONAL REOORD-SEN"'"L\_TE. 4819" now says that be understands the true meaning of this language of . great reluctance, because I believe that in the present state of the his to be that all there is about it is that the House is the body of the Treasury we ought not to expend from it so large a sum a.s the com- people because it is elected oftener than we are, and the people elect mittee of the Senate reported fina.lly as the total; and as to the them directly instead of selectively by other agents of theirs chosen House bill, the Senator himself, in respect of some of the items in to make a moxe careful examination. That is the theory. Whether that section of the country where he resides, has been forced to nd- they do make it, of course my friend and I would be a good deal in- mi t-no, I will not say forced, because that would imply that there clined to doubt. was some want of candor-bas candidly admitted that there is no Mr. FERRY. I have no doubt in my ca.se. I do not 1rnow how it present public necessity for the expenditure of any such money. is with the Senator from Vermont. Mr. FERRY. In what respectf :Mr. EDMUNDS. My honorable friend goes on to say: Mr. EDMUNDS. Well, for McCargoe, for instance. I am willing to face the country on this approval rather than let the knife be Mr. FERRY. The Senator in a measure is correct so far as my course plunged into the life of this bill. in that respect is concerned, and I think it justifies the position I have I take it the Senator meant by that, either that the knife was the taken upon this bill. I appealed to the Senator from Iowa, who ba.s motion of the Senator from Ohio to recommit the bill with instruc- charge of the bill, to know what had been reported in this case, as I tions to reduce the total, by eliminating works that could now be dis- had no personal knowledge of it. Adopting the plan that I had. pur- pensed with, to $4,000,000, or that be alluded to the amendment I bad sued, that upon the statement of any Senator, he verifying the neces- the honor to offer to reduce the sum-total to $4,000,000, and leave, as sity for any appropriation, I was disposed to vote for such appropria- we did in 1869, the application of it in the discretion of the Secretary tion, I appealed to the Senator from Iowa if he had any such iilfor:rna.- of War and the Corps of Engineers to the most necessary works. If tion. He did not give it; and therefore as upon my own information those be the knives that are inserted into the life of this bil1, then I could not press it. I did not do so; but the appropriation was in- the life of the bill is the largest possible total, for that is the only life serted in the House: I knew nothing about its merits personally, that these two propositions assail unless the proposition of the Sena- and because of that I was consistent in not pressing it upon the at- tor from Ohio may be considered as implying the postponement of tention of the Senate. Fran1.."iort, and of Pent Water, and of McCargoe's Cove, and Otter Mr. EDMUNDS. Mr. President, my friend is abdicating already, Creek, and Swanton, and so on. If the Hfe of this bill depends upon although be is not of ' the body of the people." "The body of the the people of Frankfort or the people of V ergenne8-and I take them people" bas said that McCargoe was a matter of indispensable neces- both in order that my friend may not suppose that I am nddressing sity, of course, because the House would not have passed a bill that personal observations at all; I am on the substance of the thing-if contained anything that was not ; but my friend abandons it all at the life of this bill that · my friend is so eager to save depends upon once. That is not at all consistent with that respect, that obedience the fact that the public Treasury shall be drawn upon this year to which from the Senator's remarks is dna to the House of Represent- provide for Frankfort, and McCaxgoe's Cove, and Otter Creek, then atives. But now let us see. my friend is probably right, because the chances are altogether that Mr. FERRY. Allow me a word just there. if this bill be recommitted to the committee with instructions to limit Mr. EDMUNDS. 0, certainly. the appropriation to $4,000,000 by items, McCargoe will disappear Mr. FERRY. On the same principle, following "the body of the from the scene, and Frankfort will go with its college and with its people," when I did ask that the Honse bill should be taken in case iron-furnace and with its agriculture without the aid of an appropri- the Senate bill could not be adopted, ori the same principle precisely ation; and Otter Creek will dream over its former glories as a naval I stuck to Otter Creek, because the body of the people, the people establishment and wait fo-r "the good time coming." whom the Senator so eminently represents, had insisted on it; but What then does the Senator mean by appealing to the friends of upon my own knowledge, such a.a I have of that, I should not have this bill tt> stand by it and to stick to it as the House passed it, or voted for it unless the Senat.or stated, as he has I believe Rtated, the better still, stick to it as the Senate fixed it in spite of its committee necessity of it. Upon my own knowledge I should not have voted so that Otter Creek and McCargoe and Frankfort, &c., shall be sure for that; but as the bill comes from the Honse as a whole necessarilv to come into the enjoyment of the luxmy of the expenditure of pub- perhaps it inclucles exceptional cases. While I might not vote for the lic money in their localities T exceptions singly, yet ta.king the House ~ill as a whole I was disposed :Mr. FERRY. Will the Senator allow me a moment! to support it, and I am still. Mr. EDMUNDS. With pleasure. It is always a greater pleasure Mr. EDMUNDS. What is the nse of having a Senate if, when the to me to hear my friend than to speak myself. . · House sends us a bill which bas items in it that are both exceptional Mr. :F ERRY. If that were the case, the Senntorwould have yielded and exceptionable to onr knowledge and belief, we are not authorized to me to occupy the floor more than be usually docs, for I think he to say so and reject it 7 What is the object of this body' Is it to ba ve first criticised me for leaving the chair and then criticised me for oc- an elegant parliamentarian, a first-rate presiding officer, and to meet cupying the chair so much; but I would like the Senator now to at twelve and adjourn at four, and go home to dinner and come back classify his position; whether he is the friend of the Senate bill or again the next day f Or is it to do some serious work for the protec- not. 1 have stated t.hat I was a friend to the bill, and I appealed to tion of the interest.s of the people against the improper expenditure the friends of the bill, including all who are fiiendly to it. I ask of their money f If the latter is the object then I submit t.hat when the Senator where he stands on it; whether he is a friend or an en- the Senate finds a McCargoe's Cove or an Ott-er Creek that it does not emv of t.he Senate bill f see any ground for, it ought to bavo the conrage to say so. But the Mr. ED~1UNDS. I am not wise enough to know that there is any Senator says he was somewhat ignorant abont this matter in the Senate bill. I thought it was a House bill. . State of Michigan, and that wa.s because, I suppose, of the fact that Mr. FERRY. I ask that the Senator may understand me; he does he was not one:~ of the people;" but I find that he states that he ap- not wish to avoid my question, I suppose, because we are trying to peared, before the Committee on Appropriations and made proposi- get at the facts, as be stated a while ago. 1 mean the bill reported tions, as I suppose, between two high contracting parties. He says: from the Senate committee as modified by the Senate in Committee of I first proposed to the Committee on Appropriations in behalf of the delegation ) the Whole. of Michigan that we would consent- Mr. EDMUNDS. No, Mr. President-! am willing to be catechized upon that subject-! am not in favor of the bill as modified by the How gracious, Mr. President!- Committee of the Whole, although it contains Otter Creek and Swan- $40,000, to a modification of the House appropriations for that State, to the reduction of yes, $41,000, as I am remrntled by my colleague. ton, and although it should contain every trout brook and every spring in the State of Vermont and every valley. I am not in favor "Appropriat.ions for that State!" Mr. President, I believe I have of it then, because I believe it transcends the true principles of the said-if I have not I say it now-that I do not know, on the theory Constitutionaudisan utter waste of the public money; and if lean- of this bill or on the theory of any other bill of national concern, not have any popularity at home (for we are enough of the people, that we make any appropriations for a State. McCargoe's Cove would notwithstanding my friend's opinion, to be rather fond of being popu- be just as important if it were in the State of Wisconsin or Ohio or lar) except at the expense of taking out of the 'freasury of the United New York, I suppose. The commerce of the country, the great na- States money to improve the internal streams of the State of Ver- tional interests would be equally at stake with the business of McCar- mont, then I do not wish to be popular. But candor compels me to goe's Cove if it were out of the great and noble State of Michigan. say that the people of the State ~f Vermont, a.s I believe, have not So it appears to me that my fl'iend is occupying a rather uncertain atti- got educated up to the high pitch of supposing that it is any part of tude, in respect of its correctness but not in respect of its uefinition, my mission to tax the people of New 7ork, or Maryland, or Louisiana, because that is perfectly plain, as he always is when he talks about or Missouri to assume the control of the streams over which the State appropriations of this character for any State. They a.re appropria- of Vermont has absolute and sovereign jurisdiction, to improve them tions of the nation's money for national objects; and when they and regulate their use for the benefit of the people of the other cease to be that, they cease to be not only constitutional but to be States or for the benefit of the people of our own State. I have not either reasonable or just. That is my opinion; but I may be wrong. got to any such pitch of perfection as that yet. So I am quite able If this is a bill of distributions, as of a dead man's estate among hiR to say that I am not in favor of the Senate bill, as the Senator calls heirs, the:a the Senator is right; but if it be a bill for the execution •it; as it has been perfected, as he calls it. I think I should have under the Constitution of great national instrumentalities of com- voted for the bill of the House as it wa.s proposed to be amended by merce among the several States, then the locality of the particular the committee of the Senate, who, by a careful analysis and exam- harbor or of the particular port is of no sort of consequence, anti. the inatwn, endeavored to strike off what could be dispensed with and harbor of New York (if the State of New York, as was propo ·ed once to preserve and increase, where necessary, what tho public interests during the rebellion, should ha.ve been divided, and the Island of of the whole nation demanded, although I should have done it with Manb~tta~ .s .l:'-o~~~ R~Y.e P:e:'3n :s et up ;:ts an indepeud,eut Stat-e) woultl • 4820 CONGRESSIONAL RECORD-SENATE. JULY 22, have been just as nation~, just as important to the whole interest of and yet, when be puts in his crop, nature yields him · the same · in- tlle count.ry as it is now, forming the harbor of the Empire State of crease it would have doue had his barn been new, with a cupola and the Republic. It is not correct therefore, I submit with great defer- covered with a roof of gold, if you please. So I say, in r espect to en eo to my honorable and learned friend, to speak of this bill or to these internal improvements, as they are properly called; the time to look at. it, so far as its merits are concerned, with any reference to pau...:;e in internal improvement-s is when there is a lack of money, bow much or bow little money is to be expended within the terri- a lack of prosperity, and no essential injury is done to t.he Republic if torial limits of any particular State. When it descends to that, it we wait, much less indeed than if we go on, because t.he money is descends to the region of the lobby, to the region of combinations much more needed for other purposes that c-not wait ; for every and of log-rolling, as it is sometimes called, and ceases to be a national dollar of money that gets into the Treasury and is appropriated for appropriation for national objects and comes to be a combined grab these purposes comes out of the pocket of somebody. The man who at the money of the people, to be sptmt among the people of particu- drank his cup of coffee, or not many years ago ate his ounce of salt, lar localities. Any such bill, I am sure, my .f riend would not be any had to pay a tax upon it which went to swell t,he funds in the Treas- · more in favor of than I am, if he understood it as I understand it, ury. So, now, this money in the Treasury, this six or seven millions because we cannot disagree upon any such principle, I am quite sure. that it is proposed to appropriate for these objects, in some way or Now, Mr. President, where do we find ourselvesf We find our- other, in a large degree, comes out of the pockets of all our people, selves, as the fact is, and as bas been stated everywhere where an not absolul ely in the case of customs, I admit, because the foreign ·audience could be obtained, in a state of general stagnation of trade . producer bears a certain indefinite proportion of those expenses un- and of the active industries of the country, excepting those of agri- doubtedly; but, in t.be general sensP-, every man, .woman, and child culture and those other industries, if they can be called such, of the in this country who has money enough, as he must have, to buy any- consumption of necessary articles of life; and therefore it has been thing, be it even the product of the soil, contributes tmmething to said, as it ought to be said, that the greatest possible economy should this sum 'of money that is to be expended in this way; ans of the country. The climax~ and under whatever name or under what-ever pretext, it was tax is not paid by the man who sells the coru that makes the whisky; essential in the due order of things that at last :s to the ba1· and pays his .ten of men, to withdraw them from the peaceful pursuits of industry at cents, or whatever the price is-what is the price f [laugbter,]-and home and to turn them into the terrible conflicts of the battle, and .swallows his glass of whisky. That is where the tax is paicl; so that the terrible privations of the camp and of the prison. In order to do it is usele s to say that the people are now ground down by taxation that, it was necessary that taxation should be vastly increased; that imposed· by the Na~.ional Government. That is a delusion among public expenditures should swell a hundred or a thousand fold; ami honest men, and it is a fmud whenever it is-represented by anybody they did. Yet our distinguished friends on the other side of t his Cham- else; because there is not a particle of truth in it. It is a tax upon ber have imputed that to tberepul>lican party as one of itR crimes, and luxury; it is a tax upon indulgence; it is a tax upon vice, that my as one of the crimes for which the republican party is to be dismi~ed friend will agree, to a certain extent. . from the confidence of the people and from the administration of the Therefore it will not do to say that the present . condition of this Government, and that the men who forced the republican party to country, its paralyzed industries, its dimini bed income, and its gene- that dire necessity shall be put in power. Who are the men who forced ral stagnation of business, so far as there is that stagnation as there the republican party to that dire extremity' Of course the repre- is in manufacturing operations, arises at all out of any tax imposed sentatives of the Southern States who went into the rebellion, so far by the National Government. If the States have heavy taxes it is an aa their power and their skill could go, confessedly did it; but that affa.ir with which we have nothing to do. We are not to blamo for was not all the democratic party. I say as far aa the democratic party it, so far as I know. Then we come to the other braneh of taxation, of the North was concerned as a body, organized, with its captains thatderivedfromcustoms. My friend from Pennsylvania [Mr. WAL- of Tweeds and other men, it was just as responsible in the moral sense LA.CE] has very well illustrated that, although I am not quite sure that for this enormous increase of taxation, this enormous expenditure of he meant to do it, wP,e.n be said that taxation was grinding the peo- treasure, this frightful destruction of human life and frightful increase ple of Pennsylvania; that the forges were closed, that the furuaces of misery in this land, as the men who took up arms for the rebellion. were shut. up, and that the rolling-mills w'e re clo ed, and all the great In my opinion this rebellion wou~d never have reared itself into t.he iron industries of that magnificent State were in a condition of en- proportions it did, bad not its leaders and the body of its supporters forced repose. Taxes are too high. How are you to help that t Does sincerely believed, as they bad good ground to do, that the democratic he mean. to reduce the duties upon iron f Is that what the people of party of the North would not permit a Stato to be coerced and kept Pennsylvania are afterf Would that revive the furnaces of Penns..rl- in t.be Union in spite of its will. They believed that, and they h:td vania Y When iron is now so low in t he markets that they cannot af- a very good right to believe it. In those oorthern States during t.ho ford to produce it, do you mean to take the tax off the importers of war where the power of what is now called the republican party was iron in order that the furnaces of Pennsylvania shall start with a still most pot-ent, like the one wbicll I bavo the honor to represent in part, la.rger intlux of the foreign commodity to compete with them f Is all the patriotic meml>ers of the democratic party for the time beiug that the·kind of democracy t.bat my friend from Pennsylvania, who I disbanded and joined the Union republic:tn party, ran no candhlates am sorry is not here, iB preaching f That is the effect of what be says, for office, and put their .b rave shoulders to the wheel to preserve the that the people of Pennsylvania are ground down by taxation. I unity of t.he republican government of the Republic. 'Vherever, as suppose he meant, if be was talking to the purpose at all, taxation in ot.her States, the memuers of thn,t party either from want of power imposed by theN ational Government. I have disposerl of the t-ax: on or want of courage did uot do that, by jnst so much in those States tol>acco and on whisky and on patent medicines, taxation by customs, was the cause of the Union imperiled and retarded. There was the taxation upon articles that so far as they affect the industries of th~ great State of New York. In tho midst of rebellion, with a clemo- State of Pennsylvania, every per cent of it, cent by cent, is a pro- cNtic executive and a democratic party behind him, thousands upon tection and encouragement to those industries. tbousancls of the soldiers of the Army of the United Stat-es, includiug If the Senator wishes to tell the peoplo of Pennsylvania that their one brigade from my State, had· to leave the tbea.ter of war and en- true redress is to diminish imposts upon the articles that they pro- camp in the squares of the city of New York in order to pret!ervethat due". -:-hiefly iron, then I think it will take him a good while to con- State from aiding the rebellion by overtuTning everything that was vince the people of Pennsylvania that that is the right way t-o do it. used to support the Republic. That is a part of the expense that this It is quite the reverse. Speaking from a Pennsylvania point of view, republican party is responsible for. I think it might be safely said that the furnaces of Pennsylvania, So, .Mr. President, I think it is not precisely just for Senators on and.its rolling-mills, and its forges would begin work again when the the other side of the Chamber to appeal to the people of the United tariff upon iron should be so increased that the foreign producer could States at this day and hour a~ainst the republican party upon the not compet.e in the American market with the home producer, and groum that after U:l61, when 1t came into power, the expenses of the nOt otberwiso. Why can he compete now f He can compete now be- Government were enormously increased, and therefore the· Govern- cause .t.he men in foreign countries who do the work do not get the ment ought to l>e turned over to the people whose crimes or who~e pay that the men who work in Pennsylvania do. Not getting tho misfortunes or who e misunderstancling of thei.J:rightscompelledsuch pay, they do not live in the comfort that the laboring-men of Penn- gre!l.t expenditures of life and of money. syhania live in. Whero the Pennsylvanian gets fresh beef twice a Let us see how this was. My honoral>lo frieml from North Caro- week, at least, perhaps six times a week, f he worker in the mines lican party a.fter 1860 in- .My friend has complained, if there is any point in his speech at all- c~·eased the expenditures of tbe Government from forty, or fifty, or as of course there is, for he always spe:tks to the point-of the ex- BlX.ty, or seventy _millions a year under Buchanan, and they ran up in travagance of republican administration about the Post-Office. That a year or two to billions. There is no doubt about the fact ; but is tho first item. What is t.bat extravagance T He complains that what made them run up¥ Was it the fault of the republican party its expenditures have run up from 1~68 to 1875 by the sum of $1~,- that it bad the temerity, without the consent of tho body of tl.Je 000,000. What made it run up¥ If it was the extravagance of tbe people, as my friend from Michigan woul(l say or the body of the republican party, it ought to be condemned. If it wa not, it ought democratic party, to vote for their candidate for President im~tead of not to be condemned. What wa the state of the post-offices in tbjs 4822 CONGRESSIONAL RECOR.D-SENATE. JULY 22, country at the beginning of the fiscal year 1867t The e are fiscal endeavored, ann .r am happy to say with some degree of success, to years, the statement ending on the 30th of June in each one of thes6!1'"rect.ify this state of thing , to bring a consolida.ted order, if I m~1y so years, beginning with 1868. What was the state of the Po t-Office in express it, out of the chaos of material and of organization 1hat ex- this country in t~ year from 1867 to 186 ! We did have a postal sys- isted at the clo e of the rebellion. Instead, therefore, of there h:w- tem that extended all over the United States. We bad post-offices, ing been extravagance or wickedness or crime, you will find, if you and postmasters, and mail-carriers, and mail-contractors, and all the will only look at the items, which Senators do not seem to be part.ic- macbinery that distributed to all the people of the several States in- ularly anxious to do, that instead of ex1Tavagance there bas bern telligence according totheConstitution. What became of tho epost- economy, and that to-day, instead of having no Navy or a crazy aull offices in eleven or twelve States of the Union some years before t A illy-regulated one, you have a Navy that makes . he just influence of body of men who undertook to separate from the United States de- the people of the United States respected on every sea and on every stroyed all the system that the United States bad. They seized the shore. But that, the Senator says, is a crime. Perhaps ho woulcl post-offices that the money of the people had built. They confiscated agree to have the Navy what it was on the lstof April, lti61, so that- the postage-stamps and the postal moneys that the people of the I will not sa.y "so that," for the Senator does not wish it so-bnt United States had provided for, ancl the mail-bags, as my friend [Mr. in such a condition that if some new insurrection should arise or liAMLIN] says, and t.he locks-everything; I believe, even the horses some new tumult, some new war, to which all nations are expo e;t.l and the carriages of · any mail-contractor who still had any faith in and will be until the millennium comes, the United States would fiuf Mr. KERNAN. I will get at the matter without any controversy our extravagances that has run this thing up. Another item is "re- with the Senator. payment for lands erroneously solnt, speaking of tho~:;e honest and intelligent men who having no New York. What was t.ho need that these men, drilled veterans, in ln t for office and no taste for politics, feeliug hurt and troubled at the very stress and crisis of the rebellion, should be carried a thousand the slowness wi··h which republican reform as they thought was go- miles from the theater of war and located in this peaceful and patri- iug on voted for Mr. Greeley, they have come back again to the true otic State T What led to it¥ Where was the chieC executive of tbat churcll and ~o the trl'l.e path, with whatever imperfection~, as it has State t Where were the loyal democrats of t.hat State con_trolliog ils imperfections, it may still continue to bear, in the hope that there- g,rganization and commanding its militia T If they were swift to pot publican party in the future, as it bas done in t.he pa-!lt, with a una-n- down some little disturbance and riot in the city of New York, why imous fidelit.y to the great. principles of constitutional liberty a,nd the did they not hasten to the scene T The telegraph was everywhere. re· gn of law in this country, will continue, as it has begun to do year Pretve sent my :~djntant.general to Wa.sbington to ing thv.t this wa.s an effort t.o ma.k e the poor men go as soldiers while confer with the authorities there, and to have this draft suspended and stopped. ot.hers could get rid of going by paying $300. That is what made the dissatisfaction, and that is whn.t made it necessary for men in every Tha.t is my friendship for you; t.hat is my loyalty to my country neighborhood to appeal to that class to keep them from becoming and my Go:vernmeut; that is what will dispense with turning thou- very much excited in reference to what they thought an unfair dis- sands of the Army back again toward their northern homes to keep crimination. The result of it was that it did not give us men. Dem- us in order. All will be peace in the St.ate of New York, for she is ocrats and republicans alike throughout onr State where there were not called upon to help fight the battles of the country I cases of hardship raised the money and paid the Government the $300, [VociferolUI cheers.] for it only asked the one or the other. This made excitement. He probably struck the key-note then. Women with children, whose husbands could not raise the money, I now ask yon, aa good citizens, to wait for his ret.urn; and I assure you that I were ala.rrned and excited. A. few months before we could call meet- will do all that I can to see that there is no inequality and no wrong done any one. ings and raise men by the regiment as volunteers from the class who I wish you to take care of all property aa good citizens and see that every person had not wife or children depending on their daily labor to keep them is safe. The safe-keepin;r of property an1l persons r ests with you; and I charge . iu bread; but when this order for the draft came there arose dissatis- yon to tlisturb neither. It is your dut.y to maintain the good order of the citv; aurl I know you will do it. 1 wish you now to separat'e as good citizens, anu you faction and excitement, not from bad men exciting disquiet, but be- ca11 ast~e m blo again wheuever you wish to do so. I ask you t~ leave all to me now, canse the class of laborers who had families and no means believed ane the public revenue, and theyhavcpaiditandare 1 aying it to-day. They war. They spoke against the wisdom and justice of arbitrary arrests nre responsible for their pt~rt of the public debt. They a.re rt'spousi- in our own and other States where t.bere was no wat·, and which ex- ble for and have paid and must continue to pay their sharo of the cited bad feeling; they spoke in favor of our people standing to- cnrnmt. expenses of the Government, ancl being so t.hey surely bavo gether, in favor of putting down the rebellion by armed force, in a right to ue hoard here in reference to the wa.y anscnting in part ouo of t.h States of t.b U11iou. the United States which he hn.tlsworn on tue 1st of January, 1863, r~ there anything wroug in tba.tf Am I to be comvlaiuetl at fortlmt 7 i876. CONGRESSIONAL RECORD-SENATE. 4829 Why· make this ad hominem argument, that I am responsible for the whom the republican party kept in office when they ought to have war 7 What does it prove f Sup_pose that my hands to-day were red punished them for it. That is what I said, and I repeat it, tha,t it with traitorous blood, is that any argument in favor of the ruinous was right and proper that the .American people should hold the re- policy and practices of t.h e republican party f Suppose that the whole publican party responsible for it. That is one point I made. In all South have committed savage crimes, as the Senator would intimate, the arguments made here I have not heard that satisfactorily an- and which I d.eny, is that any apology for the misrule and general swered, and I do not believe it can be. The estimate may~ extrava- distre. s bronght on the country since the war by the republican partyf gant, but I know and the country knows that it has been a standing I tl1ink not;. and I apprehend that an intelligent people will notal- ground of complaint by the better class of men in the republican party low such an argument., however ingeniously put, and which goes off and by the country generally t.hat the Internal Revenue Department on immaterial points, to have the weight of a feather, when they has lost millions since the close of the war through faithless officers come to pass upon the merits of the republican party and its conduct and frauds of the most appalling character. since the war. Another point that I made was that the republican party was not The points I endeavored to make in what I ·said the other day an economical party; that growing out of the way of administ.ering ·were, first, that the republican party had utterly failed t,o administer the Government during the war, growing out of its extravagant. no- the internal-revenue laws of the country in the matter of collecting tions of policy and p1·inciples, or some cause, it did not administer the t axes upon distilled spirits faithfully. I went on to show, and by Government economically; and I cited figures to show that fact. I (lata which no one denied, and which I undertake to say no one can undertook to show that the material figures that I cited a,re subst-an- deny, that in the neighborhood of a billion and a half of dollars ought tially correct, and no Senator has shown them materially incorrect. to have been col1ectecl and should have gone into the Treasury of the One or two of the tables which I h ve cited have been assailed to Uuion from that single source of revenue, when less than one-half, some extent, but they have not been a-ssailed successfully in a mate- not more than one-third of that amount was collected and accounted rial point of view. ·I showed that although in the first table showing for. I went on further to show that, while a large pa.r t vf the revenue the increase of the civil service there might have been some irregu- due from this source was not collected, large sums were collected and larity and inaccuracies about the details of the compilation and in not accounted for, and the republican party,havingcomplete control the several items from which the table was made up, yet in the aggre- of 1,be Go>ernment, was responsible to the people for not having gate, taking the basis of estimate adopted by a distinguished repub- it collectetl and accounted for. lican, it was not far out of the way. The Blue Book, containing the Mr. SHERMAN. I unuerstand the Senator to say that is not de- names of officers, employes, and agents, contained over twelve hun- nied. I denied it. I deny it. now. I say there is no ground whatever dred pages; and estirua.ting seventy names to a page, as w~s done by fvr an assert1on of that kino. I am surprise(} to hear the Senator from the gentleman referred to, the number would be something over 84,000 North Carolina say that two-thirds of the revenue that ought to have officers and agents and employes in the service of the Government. been uerived from spirituous liquors has been lost by the republican Then it was not denied that the names of employes at the navy-yards pari~ · and at many other places where persons were employed at one serv- l\i.r. .MERRlMON. That is not what I said. ice or another were not contained in the Blue Book nor taken into Mr. SHERMAN. Or that we have failed to collect the tax, and the calculation at all; and if they had been the nnm l.Jer in the tal.Jle only collected one-third of what we ought to have collected. which I citetl was not sufficiently great. .As to the other table, about Mr. MERRIMON. What I said the other day and what anyone the current expenses, I could not see tha-t there was any very great can St'e by turning to the RECORD was this-- difference between the Senator from Massachusetts [Mr. DAWES] and Mr. SHERMAN. I am turning to it now. myself. I had not verified the table to which he a.Uverted last, as I Mr. MERRIMON. A civil-service commission was raised under a told him and the Senate~ but to-day, on looking at the report of the statute by the republican party at a time when the better class of Secretary of the Treasury and comparing some items there with cor- that party-and good men in it have l.Jeen protesting against mani- responding items in this table, I find that they harmonize exactly. fest frauds all the time-were crying out against the frauus and cor- There is another fact in connection with that table to which the ruption of those rue.n wl10 had got the control of it, and that civil- Senator from Massachusetts did not advert. If he had looked at the service commission put down in their report, from which I read, that margin on the right-hand side of the table he would have found cer- one-fourth of the revenues were not collected; and that was not de- t.ain-itemspnt down as items of expenditure and other items as items nieu nor can it be denied. They not only asserted it but they said of appropriation. He did not make that distinction which was ma- that estimates had been made by persons who were well qualified to terial in determining its accuracy. So learning that there were errors speak on that subject and who had passed upon it. in that table, I cite(l another table of which there could be no ques- Mr. SHERMAN. I desire- tion, which I vouched for when produced, and it was the only one for Mr. MERRIMON. I beg the Senator's pardon. I did not interrupt which I did vouch. That table shows, a-s I insisted yesterday and on ·the gentlemen on the other side and I do not want to be interrupted Tuesday, not only an extraordinary, but an unnatural, increase of the now. I want to consume as little time as possible in setting Iftyself expenditures of the Government. I insisted that the republican par~y in a fair, just light. The Senator will have sufficient time after I am were responsible for that unrlhtural increase, and I so insist to-day. through to say what he thinks proper. Senators in undertaking to answer these points may go oil:' and de- Then I said, turthermore, that the Se~retary of the Treasury, Mr. Fes- claim about the war anti denonnce the democrat ic party for sympathy senden, in 1864, set down in his report that.the annual product of dis- with the rebellion and all that, but I take it sensible men will not tilled spirits in this country at that time was 100,000,000 of gallons, allow that argument to weigh much with them when they come to I believe he said. consiuer the two points I have thus maue. The people are interested .Mr. ALLISON. WiH the Senator yield to me right there f in knowing whether these charges are true in whole or in part. Mr. MERRIMON. Yes, sir. There are the figures and the data; let every one calculate for him- Mr. ALLISON. I desire to sav that Mr. Fessenden dill say in 1864 self. Those are the matters we are at issue about-not about the war that the consumption of whisk~· in 1860 was about 100,000,000 gal- and its crimes and cala,mitios. lons; but afterward a most careful commisRion was creat-ed by the I have not time now to enter into an elaborate reply to the long, two Houses of Congress, o.f which David .A. ·wells was the. chairman, labored, and studied speech of the Senator from Vermont; but I am consisting of three men, and they went into the whole question of ·g oing to cite some striking statistics from the record, wbich I happen whisky production, not only in t.be year 18GO but for a long series of to have before me, in order that any man who bas the capacity to years, and they concluded that less than 40,000,000 gallons was the calculate fignres and reason at all may Ree in a general view the force average annual production of whi~ky. and truth of the points which I made and have just rP-stated. If Mr. MERRIMON. The statistics of the country show t-hat the Senators can show thn.t this general view is not true, I respectfully number of gallons of distilled spirits is more than that; that it is challenge them to do it. more than don ble that amount. In the year 1050 the population of this country was 21,191,876. The Mr. SHEID1AN. Upon that point the Senator ought to allow me net annual expenditures for administering the Government that year to make u. statement.· were $37,165,990.00. Mark the proportion now of ·the increase as I I Mr. 1\IERRIMON. I think Senators ought not to be interrupting pass along. In 1860 the population of this country was 31,443,:321 me in this way. They may correct me after I get through if I am in In that year the net ordinary expen~es of the Government were error. I c;:annot bear or yield to half a dozen at once. · $60,056,754.71. In 1870 the population of the countrywas38,558,371 Mr. LOGAN. We want to state the facts. See now how the expenses go up, out of all reasonable proportion The PRESIDING OFFICER. Does the Senator from North Caro- In 1875 the net ordinary exr1enses of administering this Government lina decline to yield T were $171,529,848.27, nearly three times what it was in 1860. .M.r. MERRIMON. Yes. sir. Mr. EATON. Exclusive of the pension-list. .Mr. SHERMAN. Very· well Mr. MERRIMON". I think neither the appropriation for pensioners Mr. :MERRI.MON. I do not want to be interrupted further. Upon nor the intere.~t on the public debt is included in that statement of that statement made by a republican Secretary of the Treasury, and the Government expenses. I know the interest on the public debt which I never heard contradicted until the other day by the honor- is not incluued. This is only the ordinary expenses of administering :!b1e Senator from Ohio, [.Mr. SHERMA :r,] I made a calculation-an the Government for the last year. The increa-se for a-dministering estimate-the accuracy of which cannot be denied, whereby it will the Government is nearly three to one. The increase in population appear that during Andrew Johnson's administration more than $6501- is not mor~, I believe, tha.n ten millions in t,hat time. Now, 1 put it 000,000 were lost. I said a great part of that was not collected at all, to any one who c::m reason at all whether, t.aking the growth and de- aml because it was not collected the repuhlic:1n part.y wa.s r_esponsi- velopment anw the extrava- which we are talking about. gance I allege. The House of Representatives is fresh from the peo- Mr. LOGAN. For what year is that f ple, elected on the ground of reform and retrenchment. They came l\1r.MERRIMON. Eighteen hundred and seventy-five; and here here to look after tLe people's interest, and they have done it as far as is the record if the Senator wishes to see it. they could with lights before them and the circumstances surrounding Mr. WINDOM. In 1875! them. They say that they have made appropriations sufficient to Mr. LOGL~. What does the Senator meanT carry on the Government and to carry it on efficiently. And they Mr. MERRIMON. The gross expenditures in 1875. have cnt down the appropriati9ns from last year $38,000,000 in round Mr. WEST. Will the Senator allow me to interrupt him onemo- numbers. Now I ask, if this is true, if the public expenditures the ment T The Senator gives correctly the gross expenditures, but there current year may be reduced $38,000,000, why might not th~t sum is a very great difference between the amount of money expended have been saved last year and for several years past f Let h1m who and what it costs to carry on the Government. can answer. Yet if the republican party, who have a.dministered the Mr. SHERMAN. Mr. President-- Government since the war, have collected the revenues, have allowed Mr. WEST. One moment. no frauds, have administered the Government fairly and honestly in Mr. MERRIMON. I do not think I have ever seen a time-- all respects, how is it pos ib~e that the democratic House have ascer- The PRESIDING OFFICER. Does the Senator from North Caro- tained that the Government can be sufficiently supported during the lina yield! year 1876-'77 and reduce the amount of revenue to be applied to that Mr. 1\!ERRIMON. If I can find out which gentleman to yield to. purpose $38,000,000 f Tllat is something I cannot understanc.l, and I do not want to be in any way discourteous to any one; but to which that is what I leave my republican friends to explain. My friend Senator shall I yield T says it is not the fact, but has he risen here to say these figures can Mr. SHERMAN. The Senator now makes a statement that the ex- be denied f I cite the record here as to the fact. I dte the report of penses of the Government during the last year were $682,000,000, and the Secretary of the Treasury as to the amount expended for admin- with an air of triumph he says be baa got it here in a report right istering the Government in the several periods I have mentioned. before him. Surely a Senator of t.he United States ought to be very Can they deny that T Can they point ont why the expenses in admin- careful about making a statement which every boy in the whole l:1nd istering this Government in 1875 shall be three times as much as it will wonder at at once. Everybody knows that is not so. The very was in 1860, leaving out the War Department and the wa1· expew~esf next figure to it, within half an inch of the statement of that large I leave them to answer that question. I put these striking facts and expenditure of $682,000,000, which was the gross expenditure, shows figures to the people, an t~o clisco-:-ery ~f p~troleum, and the us!} o.f it-s cheaper. and l~ss danger. Senator commenced by assuming an entirely erroneous estimate of ous clen>abves for Iliullllllating purposes, and partially to the hicrh prtce of spir- facts; I do not care bow it is called. its of tmpentine in consequence of the rebellion, this article having advanced 1\fr. lt:lERRIMON. I gave the estimate made by Mr. Fessenden. from forty.seven cents per gallon in 1860 to $2.15 per gallon at the close of 1E64. :Mr. SHERMAN. It was made casually by Mr. Fessenden. If you With a return of spirits of turpentine to it.~ former price and a reduction of the tax on distilie(l spirits, it is the opinion of dealers most onversant with the trade will show me the language of 1\fr. Fessenden I can explain it. I can- that a partial revival of business of manufacturing burning fluid may be expected. not find it. Here is his annual report as SecrAtary of the Treasury, and it is not in it. I will read from the speech of the Senator from allBut the truth is that by reason of the great cheapness of petroleum, this burning fluid, even from turpent.ine, is now superseded by North Carolina: tho petroleum. This reduces the euormons estimate of the Senator .According to a statement which I have before me giving the amount of internal down to 65,000,000 gallons. But I llave here nlso the statement maue revenue raiseu from distilled sp~rits from the year lt!G3 to the year 1875, ths aggre- Jra.te number of gallons upon which tbo Government received r cvennewas G16,t!90,· by the same difjinguisbeu source, together with his associates of tile 390. The number of gallons that ought to have been accolmtecl for in that time is revenue commission, showing that in 1866 by this and otbor causes 13,000,00 1,000, accord in.,. to the estimate made by the late .Mr. Fessenden (then Sec- stated in the report t.he prot.lnction of whisky in this country bnd retary of the Treasury) in 1864. been reduced to 40,000,000 gallons on ncconnt of the t.ax being l_)Ut Mr. Secretary Fessenden never made such an estimate. He died upon it, and for this reason among other causes these commissioners long before t.b e expiration of the time that this estimate covers. recommend the reduction of the tax on whisky. ·Mr. ED .MUNDS. That is probably their reason for supposing he Let us go back again for a moment to the statement of the Senator made the estimate! from North Carolina and see if such an exaggeration would not ex- Mr. SHERJ.\lli~. The Senator from North Carolina commenced by cite surprise in a person who wished to get at the-facts. I will reat.l saying that .Mr. Fessenden stated we should have collected taxes on again what the Senator said: this large amount: . In that year he eaicl in his report. in making his estimates on the su~jectof the mtcrnal revenues, that the number of gallons ilistilll'd was equal to about one hun- The number of gallons that ought to have boon accounterl for in that time is dred millions per auuum- 13.000,000,000, according to the estimate made by the late Mr. Fessemlen (then Sec- retary of the Treasury) in 1864. I shonlt.llike llim to furnish me the authority. I cannot find it in 1\Ir. Fessenden's report certainly. I have the report, ant! I have given That is, that Mr. Fessenden made an estimate that there was manu- it to the Senator, and I should like him to find the authority- factured in this country from 1863 to 1875 13,000,000,000 gallons. Mr. Fessenden, unfortunately for the country, died in 1870. and if that amount of spirits was distilled in 1864 it is reasonable t~ estima-te that after peace returned, and when tba industries of the conn try hatl been in some Mr. MERRIMON. What I meant- measure renewed, the number of gallons produced annually would iucreaso; but Mr. SHERMAN. I know what the Senator meant. I take what for the sake of cert.aint.v and fairness I take it that the annual produot.ion of spirits be stated as his data. In the first placo, the whole basis for this com- in this country since 18G4, and anterior to that time as far back as 1863, was equal putation alleged to have been made by,Mr. Fessenden was a remark to 100,000,000 gallons per annum, made by him either in debate here on the floor or in his report as In the first p1ace, I show that the whole basis bas dropped out of Secretary of the Treasury. It was not ma.cle in his report a.s Secre- this estimate; first, that in 1860 only 90,000,000 gallons were {lro- tary of the Treasury, because I have looked over that report. He duced; noxt, that in 18lH the amount fell off to 65,000,000 gallons would not have made it there, but in some speech he sait.l that in by the authentic report of your commh;sion, and that the following 1860 we manufactured in thi~:~ country 100,000,000 gallons, as shown yenr by the Flame statement and report the amount fell down to by the census. This was a casual statement, such as we often 40,000,000 gallons. make ; just as my friend said the gross expenses of the Government Mr. MEURUfON. Will the Senator say that there is a less quan- for 1875 were '6 '2,000,000. But Mr. Fessenden was mistaken, lie- tity of spirit-s distiller} in this country now than in 1860 Y cause when you look at t.be census returns it is different. I have here Mr. SHER:\lAN. I am not saying a word about that now; I . am the census returns of 1860, and they show that the entire amonnt, coming to that. The Senator confuses •lates. I say that in ~834 the the highest amount that was ever estimated to be 1uade in this conn- official report of these commissioners certifies and shows tllat the try-not what was actnally ·manufacturcd, but what. was estimated amount protlncecl in this country was not over forty millions of gal- to be made in this country-was 90,412,581 gallons, which it is said lons, and they thought that was an overestimate, anrl that in 1 'G3 . was made in 1860. Here is a falling off of 10,000,000 gallons to com- a,nd 1 62 it could not b:we exceedet.l sixty-five millions, and the rea- mence with; but that was not alL When this nnmber of gallons sons were given for this estimate. Now take up the Senator's figures was made, whisky was worth in Missouri and illinois about fifteen or mnde up on this false. assumption, first upon a statement that I do - sixteen cents a gallon. It was largely consumed. Nearly one-third of not find in Mr. Secretary Fessenden's report: the whole whisky was consumed for what was called burnincr-fluid, Mr. 1\IERRIMO:N. But you admit he did say it. and the rest was made into alcohol at a verv chea,p rate a~d ex- Mr. SHERMAN. I admit ho said in some speech that the amount ported. This is shown by the official document that I have before me, produced in 1860 was one hundred millions, but that was not correct. and whic!J. is no less a document than Mr. Wells's report made to But the Senator, instead of taking official data and looking at the Cong:ess, a gentleman who is an acknowledged authority upon this census report llimself, takes an ad captandn11t remark made by a Sena- qnestwn. tor as the authentic basis for a remark that would sink the whole I'e- Mr. LOGAN. A recent democratic candidate for Congress. puhlican party into infamy if it were true. Upon this fal e b~s l1e Mr. SHERMAN. I do not know that he was a democratic candi- goes on and makes this arraignment of the republican partytii(Vhich date for Congress in Connecticut a short time ago. At all events be I say would cover them with infamy if it were true: is a gentleman of character. Mr. Wells gives a statement of the If that is correct-, I r epeat the number of gallons that ought to have been made former production of whisky and shows how rapidlv it bas fallen off from 186.'3 to 1874 wa-S 13,000,000,000 of gallons. In the years H365, 18116, 1C67, and 1~68 the tax on spirits was $2 a gallon. This ought tn have yiellled -:!00,000 000 in and then he says: ~ ' those years. Now hear tho fa~t, and a material one, that only, 104,000,000 w~re re- Since 1E60, when the foregoing returns of tbe Censns Office were made, a very alized; so the loss to the Government pending that time wa~ $1196,000,000! I :J.!e nccessit:Jted the use of upward of 19,000_, 0fl0 J!allons .of pr?of spirits. At tbe South and West, how- body believes that this money was ever collected; it bas never gone eve-r, large quantities of burmng-tl.md w.~·e prepared by mixi.Jl)! the alcohol di- into tho hands of anybody or ever corrupted anybody, except so far r ectly w1th the .cruue or com.II,lerc~al sp1n~ of turpentine, without subjecting as distillers and others engaged in the manufw.ctnre of whisky may the L'ltter constituent to rectification; wh1ch amount bein"' allowed for would have been able to steal and rol>, and perhaps a few store-keepers and probably increase the figures above given by one-third, and"' make the total con· su~npti.on of alcohol, for th~ _preparatio_n of burning fluid in the country, during other officers may have ~een able to evade the law in collusion with 181i0, 1U,OOO,OOO ~lions, reqwrmg over 2<>,000,000 gallons of proof spir-its. them. 1876. CONGRESSIONAL RECORD-SENATE. 4833 But let us go further. Take the Senator's own figures now. lie about seven million gallons produced. I think the Senator means to quotes from a table which I suppose is correct; I have not stopped to say that is the amount. on which revenue was paid. verify it. He shows t.hat in 1863 the number of gallons of whisky on Mr. SHERMAN. Yes. which the tax was paid was 16,149,954. That was when the tax was . Mr. SAULSBURY. I want to know whether in that year and sub- twenty cents a gallon, and I have no doubt that probably represents sequent years there was not a vast amount of illicit whisky distilled all that was made during that year, because Senators must remember, upon which there was no rev~nue collected 1 those who were here at the time will remember very well, that when Mr. SHERMAN. Undoubtedly; and here is this report of the Rev- it was first proposed to put a tax upon whisky every distiller in this enue Commissioner made in 1867 calling attention to it, and it be- land went to work to make as much as he could continuously; the came so gross and glaring that it led Congress to repeal that act and distilleries were run to the very utmost extent of their capacity in to retrace· ita steps. There were wholesale frauds committed in Mr. order to bring into the market unpaid whisky as they had a right to Johnson's administration. do. It was a part of their business. The result was that at the time Mr. SAULSBURY. I want to ask the Senator this question, to be our tax law took effect there was supposed to be on hand one or two ho_nestly answered 1 whether if the revenue officers during that period years' supply. Whether that be so or not, it is difficult to tell; but had performed thmr duty and those charged with the administration at any rate for nearly a year after the tax of twenty cents took effect of the Government had discharged their duty, could .that illicit there was very litt.le whisky manufactured in this country. The whisky have been manufactured and put npon the marketf amount on hand filled the·channels of consumption. I, among others, Mr. SHERMAN. I do not believe in a broad country like ours, endeavored to put a tax upon the spirits on )land, but we found our- with every opportunity to evade the laws, with mountains and selves opposed by a large majority of both Houses of Congress and streams and sparsely populated all over, it is in the power of man to could not do it, on the ground that it was difficult to trace this collect a tax of. $2 a gallon on whisky. The cost of manufacturing whisky. The fact was that before the tax took effect pi·obably whisky is only sqteen cents. I appeal to my friend from Debware 100,000,000 gallons had been manufactured and put on the market. now to answer me in honesty when I ask him whether, if there is Afterward, and most unwisely, there was an effort in the country- any responsibility for the failure to collect the revenue in those mem- and it was voted for by a majority of both Houses of Congress against orable years, it is not shared by both political parties, because John- my earnest remonstrance-to raise the tax from twenty cents to $2 son sent us only men who belonged to his political faith, and we a gallon. I believed then that it was a most suicidal attempt, but only confirmed the best that we could get from him f the very moment that proposition was made in either House of Con- Mr. SAULSBURY. I will answer honestly the inquiry. In the gress, the distillers again went to work with full fury, every distill- first place, I disclaim what has been attempted to be made here in ery was run to its utmost capacity, and in a single year they ran up argument the impression on the country, that the administration of the manufacture of whisky in this country at a tax of twenty cents Andrew Johnson was a democratic administration ; but even if it a gallon to ~5,295,393 . gallons in 1864. They pushed it to the utmost han been a democratic administration the history of the country extremity1 and they had nearly a year at their utmost capacity to shows that the republican Congress changed the law and would not run up this whisky, and it was said the distilleries were running day permit Mr. Johnson to turn out at his pleasure tho revenue officers and night; distilleries were built merely for the purpose of availing and other officers that he had the appointment of, and that ho could themselves of the opportunity. My friend from Missouri [Mr. BOGY] only make appointments by the consent of the republican Senate. I have no doubt is familiar with the history of the western country. If there was any failure to have proper revenue officers it was not Ohio, Indiana, and Illinois started in this business with great fervor the fault of Mr. Johnson, but the fault of those who controlled his and fury in order to evade the two-dollar tax. They ran into market action by their legislation. in less than a single year 85,000,000 gallons and paid the tax of twenty Mr. SHERMAN. I can divide with my friend even on his own ar- cents a gallon on it, and what was the result! . The channels were gument. The tenure-of-office act, which he thinks transferred tho .filled. The uses of whisky had been somewhat varied; the consump- responsibility from Andrew Johnson to the republicans, was not tion had fallen off largely. The tax was so high at $2 a gallon that passed till nearly two years after Johnson was President. it made the price 2.50 a gallon. Its uses fell off and from and after Mr. STEVENSON. Johnson was a republican those two years, ru1y the taking effect of that tax of $2 a gallon there was very little how. . whisky, comparatively, manufactured in this country. These com- Mr. SHERMAN. Is it not ridiculous in the Senate of the Unit~d missioners estimate the amount at thirty to forty million gallons man- States to have this matter discussed as a question of responsibility ufactured after that time; bnt .unhappily this was accomplished in for the loss of this whisky revenue when no human power could col- 1865 when the $2 a gallon tax took eftect just about contemporaneous lect f It was a wrong law, sustained by both political parties, en- with the coming in of Andrew Johnson, aud the controversies which deavored to be enforced at a time when from the nature of things and arose between the then President and the Senate, the 'republican the political controversies that existed it was impossible.to collect it. party and the democratic party, as to who was responsible for Mr. Therefore I know, without asking the answer of my honorable friend, Johnson. . that he woulvernment am concerned, as I generally do, shall vote for the smallest sum that for the years 1875 and 1860, excluding war charges. may be .proposed. 1 shall, therefore, vote for any amendment that Mr. Conant is the responsible person for this document and upon may be proposed on this appropriation bill which will reduce the my request made it. The total expenditures for the fiscal year 1875 amount. were $274,6231392.84 ; the total expenditures for the year 1860 were .Mr. BOUTWELL. · Mr. President, I agree with much that has been $63,025,788.98. After deducting the expenditures for the year 1875 said by the Senator from Vermont [Mr. MORRILL] in regard to the on account of the war-and there are appended to this, which I will condition of the country, and I disagree entirely to the theorv that have printed, analytical tables showing what these deductions are- if the condition of affairs for the moment were as unfavorable as the net result is that the expenditures for the year 1875 were repreeented by gentlemen on the other side, therefore necessary ex- $84,773,762.49 in clU'rency, but the expenditures in lt\60 were in gold. 4838 CONGRESSIONAL RECORD-SENATE. JULY 22, Mr. Conant has deducted 12folfo- per cent. aa the pret~.ium on gold will remain about $144,000,0007 or say $150,000,000 in round numbers for the year 1875, leaving a net 11xpenditure in gold for~hat year of as the expenses of the Government other than expenses created for the $74,0'28,688.09. Then there are deductions made bot~ from the ex- Army or the Navy, or what the gentleman from Vermonthassooften penditures of the year 1860 and of the year 1875 growmg out of ~he stated have grown out of the late unfortunate war. Nevertheless the method of keeping the books of the Department. Upon that pomt fact remains that the expenses are about $144,000,000 or $150,000,000 there is an analytical statement of the deductions and also a note besides the amount paid for interest and the amount paid for the pen- showing the reason for them. He says: sion-list. I have no objection to the statement being published; I The following items which are included in the aggregate as expenditures both have no objection to the facts ~oing before the country, no matter for the xear 1860 and 1875 are deducted from each for the reason that they are not where they come from; but this IBI1ot an official document; it is the expenditure in the true meaning of the word, as they involve no outlay of money mere production of a gentleman who may be hold.in~ office, but it has by the Treasury and are no burden upon the tax-payers, they being merely entries no evidence of offici a] character even, and some of his items are, in my on both the debit and credit side of the books (made necessary by the syetem of estimation, very absurd andshonld not be in a statement ofthls char- book-keeping in the Department) of moneys received from persons and subsequt.ntly returned to them or expended in their behalf, namely. acter. . Mr. SAULSBURY. I move that the Senate adjourn. I think \here And then he gives the items in each year. After deducting the is not a quorum present. amounts thus placed to the debit and credit side of the books for the Mr. STEVEN!50N. Mr. President-- years 1860 and 1875, respectively, the result is that the expenditures Mr. BOUTWELL. I believe I have the floor, and I wish this p~ for the year 1875, excluding the war expenditures, deducting the pre- per to be read aa part of my speech if there is objection to its going mium on gold, excluding the amounts placed to the debit and credit in the RECORD without being read. side of the books in the Department, were $69,8561 117.77. The ex- Mr. HOWE. Is there objection f penditures upon the same baais for the year 1860 were $61,402,408.64. Mr. EDMUNDS. I should like much to hear it, as its accuracy is Mr. BOGY. By whom is the table furnished f assailed. • Mr. BOUTWELL. . By Mr. Conant, the present Assistant Secretary Mr. HAMLIN. I rise, Mr. President, to a question of order, that of the Treasury. no objection prevents a Senator from incorporating such a paper in Mr. BOGY. It is not official, is it f because it states facts that can- his remarks. It is done almost every day. not be official. They are absurd. The premium on gold certainly Mr. EDMUNDS. He can have it read by a majority vote. can play no part in the expenses. In 1860 gold was the only coin The PRESIDING OFFICER. The Chair will state that there is no used, and it cannot properly be added or deducted. It pl~;tyt~ no part. rule of the Senate on the subject. A majority of the Senate can de This is an individual table. termine the matter in the judgment of the Chair. The Chair will Mr. BOUTWELL. Senators will"deal with the processes as they submit the question, if it is the desire of the Senator, whether this think jut~tice requires; but .Mr. Conant-and in that I concur-bad statement shall be incorporated in the RECORD without being read. deducted from the currency expenses o:f the year 1875 the premium Senators, those in favor of this permission will say ay; of a contrary on gold, so that the expenses are represented ultimately in this table opinion will say no. as gold expenses in 1860 and gold expenses in 1875. Mr. STEVENSON. I ask for the yeas and p.ays on that question of Mr. BOGY. The premium on gold can correctly play no part in a order. It is an important question of order. table of that kind. It is not correct at all. It can be neither added The yeas and nays were ordered. nor dedncted; it cannot be treated as an item at all. Mr. SAULSBURY. On account of the appeals made to me by my Mr. BOUTWELL. I desire now to call the attention of the Senate friends on this side of the House, I will withdmw, if it is not too late, to theta bles showing the expenses per capita in each of the years which the objection, while my own judgment is that it has been the rule of I will mention. the Senate not to permit statements to be incorporated in the RECORD The expenses pe-r capita, including slaves who paid no part of the which are not read. expenses of the Government directly, were in- The PRESIDING OFFICER. Objection being withdrawn, the point 1800 •••••• - ••• -••••••••••• -•• - •••••••••••••••• -••••••••••• -••••• - ••••••••••• f2. 038 of order falls, and the statement will be incorporated in the RECORD 1810. ······ - - •••••••••.•••• -·-·····- •••••••••••••••••••• ---- .••• •• • •••••••• L 171 The tables produced by Mr. BOUTWELL are as follows: 1820 .••••••••• -.- ••• -••••• --.-- •• -.- •••••••••• -.- ••••• - •••••••• -- ••••• -.-... 1. 697 1830 .••••••• ---···-- -- •••••• -----· -·---- •••• -- --······ -----~ .••••• ·----·.. •• 1.176 Table slwtoing expenditures per capita. 1840 .••••• ----··· ·----- ----·· ••• -- -··· -·-. --······ -·-----··· . -----···· -··--. 1. 424 1850 .• ----·. ·····-- --· •••••• •••••• --·--. ·--. -- -·-··- --·--. ----·. ·-·--···- ··- 1. 766 11:!60----··-·--·------··---·--···-------· -··-····-··-·-······ --·-·- -----·---- I. 952 Year. Per Population. Expenditures. capita. 1870 .••••• ··-··· ---· ·····-.- ·-- .•••• ·- ·-·- -- •••••• ·-····-····· ---···-. ·-···· 1. 781 In 1875, estimating the population at 40,000,000, which was the esti- mate of the Trea-sury Department, the expense~:~. per capita were 1800 •••••••••••••••••• - -•• - • - -••••••••••• - - • - 5, 305, 92.') $10, 813, 971 01 2.038 1810 - - - •. - ---- ••••• - ••• - ••••••••••••••••• - •• - 7, 239, 814 8, 474, 753 37 1.171 $1.746. . 1820 - - • - - - • - - - ••••• - - • - - •••.•••• - •••• - • - - - • • . 9, 638, 131 18, 285, 534 89 1. 897 But, estimating the population in 1875 at 43,000,000, which is my 1830 - - - - ••• - •• - •••••• -••••• -••••••• - - .•• - - • - . 12, 866, 020 15, 142, I 08 26 1. 176 own opinion upon the best information I can obtain, the expenses 1840 - -••••• -•• - •• -- •• -.-.- ••• -•• - •• -..... • • • . 17, 069, 453 2-t, 314, 518 19 1. 424 1850 - ••••••• -•••••••••• - - - •••••• - •• - ••••• - • • . 23, 191, 876 40, !148, :Jd"J 12 1. 766 were $1.60 for each inhabitant, including those who had formerly been 1860 - -••••• -•••••.• - - •• - - •• - • - - - •• - •••••• - • • . 31, 443, 321 61, 402, 408 64 1. 952 slaves. This table I will band to the reporter with a request that 1870 - -•• - •• - - - - •• - ••• - ••••• . - • - ••••••••• - • • • . 38, 555, 983 68,684,613 92 1. 78l t.he whole of it may be printed. 1875, (estimated)._ •.•. _.•..•..•.••• -..... -... 40, 000, 000 69, 856, 117 77 1. 746 Mr. SAULSBURY. Does it contain any items which the Senator has not read 7 Note.-For explanations of deductions see accompanying statements marked A Mr. BOUTWELL. Yes, sir. to K, inclusive. Mr. SAULSBURY. I believe the rule was applied to this side of STATEMENT A.-OongreBB. the Chamber that it must be read, or otherwise it ought not to go 845,625 00 Reportincr debates in Congress ... ----- .•.• --.-- ••.••• -•...•. -- •.. -.. into the RECORD. Printing 'for Congress, including debates- ••••• -••. -..•••...••• --- ..• 259,527 38 Mr. EDMUNDS. Very well, let it be read. We cannot dispense Printing for Treasury Department .....• -...•• -••••• -•..•. -.. -- ..•.• 136.000 00 with it. Printing for War Department· -· · ···········-······-·····-····----- 43,284 00 Printing for Interior Department.--.-.- ••••• -••.•• -•.. -... -•••.. --. 10J, 000 00 Mr. HAMLIN. It is done every day. Printing for Department of Justice ..•.•• -.-.- .. -.••.•..••• -... -.--. 5,100 00 Mr. BOUTWELL. I hope the Senator from Delaware will not ob- ject to these tables being printed. The tables show the items of de- 5!Jl, 536 38 ductions made on account of the war expenses, and are very neces- STATEME..'IT B.-Executive. sary to a proper understanding of the tables themselves and also furnish the evidence by which the correctness of the estimates here Expenses in Expenses in Increase. made will be aacertained, either established or refuted. I should not 1860. ltn5. like to withdraw them. The PRESIDING OFFICER. Is there objec-tion to allowing the Salaries in Treasury Department: tables to be printed in the RECORD 7 Office of Secretary_._._.-_ ..•• -... . • . . e47, 931 00 $476, 698 97 $Ga, 600 oo Mr. BOUTWELL. It will take a couple of hours to read them, I First Auditor·-·--·-·-·-···-··--···-- - 35,470 00 72,908 81 37,438 81 dare say. Second Auditor-··---····........... . 35, 470 00 266,583 22 231,113 22 Third Auditor--··-··--····---·------· 132,905 70 246,801 97 113,896 27 Mr. BOGY. The table is the work of a gentleman who may be Fourth Auditor ..•.. _-··- .•. _.. _--··-· 27,737 80 77,697 46 4!), 959 66 holding office, but it is not an official paper at all, and does not pre- Fifth Auditor ..•.••.. ----------··-·--- 17,621 43 51,304 83 33,683 40 tend to be an official paper. But taking the figures stated by the Sen- First Comptroller_ .... __ .•. _••.•• --.-- 28, 340 00 72, 454 75 44,114 75 a.tor from Massachusetts they would snow that the expenses of the Second Comptroller .. _•.• _•. ___ --. _.-- 26, 840 00 110, 9:l6 97 E4, 086 97 Treasurer ..•••. -····--·····-·······--· 26,75115 414,361.44 387,610 29 Government are now, or were in 1875, about $150,000 000. The total Register ..... _. _. _. . _... _______ . _••.• - 51, 707 11 243. 337 50 191,630 39 amount of expenses mentioned in that document, unofficial as it is, Comptroller of the Treasury_ ...... -.- . -•. ---.-- .- -. . 134, 764 Ol 134,764 01 is $274,000,000, from which should be deducted fairly about $100,000,- War Department and its Bureaus .. --. 145, 584 02. 972,535 17 826,951 15 000 for the interest on the public debt; it is a little less than $100,- Navy Department anri IIO=§~f.O =~Q~..-4 ~II') ofij ~ ':· -! . ~ ~;;_s Q ::f Objeeta of expenditure. .....B~~ ~~~cllO li ;a.o c:so ~tO -oo oo,.... ~~ ~~-~iS~ ~:~8 't:!..-4 @ I'd Wt:: ~'2 ~ cllcl)~~ ... ~l ~ f;