1876. CONGRESSIONAL RECORD. .889 

right here that the root of all the trouble in Louisiana grew out of a conspiracy and a combination to subvert 'a notorious republican ma- jority of from fifteen to twenty thousand, by violence and fraud. That 

State was republican in 1872 just as notoriously as the State of Kentucky was democratic in 1875, and there is abundance of evidence 

upon the record to show that a scheme as formed, not only formed 

but avowed, to subvert and defeat that well-known majority and to 

put the democr;ttic party in power. I do not say that everything that was done to defeat that scheme was right; I do not intend to be drawn 

into the j~tification of anything that was wrong; but I say here today that the origin and root of this whole trouble was a foul con- spiracy to rob the people of Louisiana of their political right-s and 

defeat and to overwhelm a well-known majority of from fifteen to 

twenty thousand-a scheme that has been recently followed in the 

State of Mississippi, and a scheme, too, that was followed in other 

States and is threatened to be pursued in other elections yet to come. I will not now advert to the sad history of Mississippi during the 

last campaign and election. Louisiana was not alone; Mississippi was not alone. I have here the statement and the confession of one of the most distinguished citizens of the State of Georgia, recently 

made, as to the course that was pursued in that State. I refer to it 

to show that it was somewhat of a general policy in those States. 

Robert Toombs, once a member of this body, a man of distinguished t~lents, now perhaps the most distinguished citizen of Georgia in 

many respects, made a speech before the members of the Legislature 

of that State the other day, only about a week or ten days ago, in 

the city of Atlanta. He addressed the members of the Legislature 

and a large mass of people. I have here a v~rbatim report of his 

speech in a democratic newspaper, the Daily Constitutionalist, showing that he spoke the sentiments of that people, that he was ap-· plauded to the very echo, and that, whatever may be said here, the 

sentiments and the facts stated by Robert Toombs in that speech were indorsed by the unanimous and hearty plaudits of his auditory. 

I do not read this on account of the bitterness of Mr. Toombs; we all know that he is a bitter man; but that he does to-day represent 

what may be called the vital part of the democratic party of Georgia, 

of Mississippi, and other southern States, I do not doubt for a moment; 

but I read this extract from his speech for the purpose of getting his 

evidence as to a fact, a fact understood at the time and believed by 

most of us. I now q note simply his testimony without regard to any 

violent sentiments he utters against the republican party or the people of the North. 

Mr. Toombs said: 

We got a good many honest fellows into the first Legislature, but I will tell you how we got them there. I will tell you the truth. The newRpapers won't tell it to you. We got them there b:y caiTyin.,. the black vote by intimidation and bribery I 

[laughter,] and I helped to do it! fAppla.use.] I would have scorned the people if they had not done it! And I will buy them as long as they put beasts to go to the ba'ilot-box I [Cheers.] No man should be given the elective franchise who bas not the intelligence to use it properly. The rogue should not have it, for govern- ment is made to punish him; the fool should not have it, for government is made · to take care of him. Now, these miserable wretches-the Yaii.kees-have illjected five millions of savages into the stomach of our body-politic~, and the man who says he accepts negro suffrage, I say accursed be he! [Cheers.J I will accept every- thing, I will accept Grant and empire, before I will accept such a democrat. [Ap· plause.] The poor, ignorant negro-talk of him governing you and me I It takes the highest order of intellect to govern the people, and these poor wretches talk of 

governing us I Why, t.hey can't perpetuate their own negro power. In the coun- tries where they were in the maJority they did not preserve th"ir p•wer and per- petuate their rule. My r emedy helped us to break that up. We carried them with us by bribery and intimidation! I advised it.and paid my money for it! [Ap- plause.] Youallknowit, butwon'tsayit. But I will say it, for Ifearnoman, and am prel?ared to render an account to none but the great Judge, beforewhomimust 

appear m a few years, for my enemies have thought my services to my country so great that they have done me the honor to exclude me frOm again serving my people. 

There is very much in this speech that would be interesting as illustrating the condition of feeling in Georgia and other States, the exist- ence of which I regret as profoundly as anybody. · Now, Mr. Presi<lent, I have concluded about all that I intended to 

say. You are now called npon to decide this question, and I hope will 

do it promptly. The State of Louisiana is entitled to be represented. 

Shall tlie men who contrived the scheme of 1872 reap the fruits of 

itt Pinch back has been kept out of his eeat, and there is now a democratic Senator knocking at the door asking for admffision. I undertake to say that it is one or the •>ther. The State is entitled to be 

represented. If Mr. Pinch back is not elected, then the present Legislature is entitled to fill tbe vacancy. I do not hesitate to say so; and our democratic friends understand full well that, after Mr. Pinch back 

has been rejected, if he should be rejected, republicans will not stultify themselves, after a decision like that, by keeping the State unrepresented. Distasteful a.s this gentleman might be to us politically, 

distasteful as his military record might be to us, still if there is a vacancy that the present Legislature has filled by his election he is 

entitled to his seat, without now going into the particular circumstances of his election. If irregul.arities should be found in that, it 

would simply devolve on the Legislature the necessity of having an- other election, and the result would be precisely the same. It does seem to me that we cannot refuse to Mr. Pinch back his seat, 

except by the violation of principles of law that have been recognized 

and acted npon in this body from the time of its organization and in 

the other House, and I may say in all elective bodies in this country. 

EXECUTIVE SESSION. 

Mr. CAMERON, of Pennsylvania. Mr. President, I move that the 

Senate now proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After thirty minutes spent in execu- tive session, the doors were re-opened. 

DISTRICT 3.65 BONDS. 

Mr. SHERMAN. I move to take up the joint resolution relating to 

the payment of interest on 3.65 bonds. 

The motion was a!ITecd to; and the Senate resumed the consideration of the joint reso1ution (H. R. No. 52) directing the commissioners 

of the District of Columbia to pay the interest on the bonds issued in · pursuance of the act of Congress approved June 20, 1874, out of any 

funds in the Unite<l States Treasury subject to the requisition of said 

commissioners, and for other purposes. 

Mr. SHERMAN. I now ask leave to withdraw my motion to recon- sider the vote on the amendment of the Senator from Connecticut, 

LMr. EATON.] I do not desire longer to delay the passage of the joint 

resolution; and as I find the matter will lea;d to debate; I ask leave 

to withdraw the motion to reconsider. 

The PRESIDENT pro tempore. If there be no objection the motion 

to reconsider will be withdrawn, and the amendments made as in the 

Committee of the Whole will be considered as concurred in. 

The amendments were ordered to be engrossed and the joint reso- lution to be read a third time. 

The joint resolution was read the third time, and passed. 

Mr. STEVENSON. I move that the Senate adjourn. 

The motion was agreed to; and (at two o'clock and twenty minutes 

p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, February 4, 1~76. 

The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. 

I. L. TOWNSEl\'D1 D. D. 

The Journal of yesterday wa-s read and approved. 

DELEGATION OF VIRGTh"'A. LEGISLATURE. 

Mr. DOUGLAS. I a-sk unanimous consent that the pri.;.ileges of 

the :floor be extended during to-day and to-morrow to a delegation 

from the State of Virginia, composed in part of a deputation of the 

joint committee on immigration of the Legislature. 

The SPEAKER. If there be no objection the request will be 

granted. 

There was no objection. 

CffiCUIT COURT IN CALIFORNI,A.7 OREGON, AND NEVADA. 

Mr. KNOTT. I am instructed by the Committee on the Judiciary 

to ask unanimous consent to report back, with an amendment, for 

consideration at this time, Senate bill No. 53, :fixing the timeof holding the circuit Cl)urt of the United States in the districts of California, 

Oregon and Nevada. It is highly important that the bill and amendment should be acted on immediately, so as not to interfere with the 

t.er of the district court of California which will commence next 

Monday week. 

The bill was read. It provides that a term of the circuit court of 

the United States for the districts of California, Oregon, and Nevada 

shall be held as follows : For the district of California, on the first 

Monday of February, second Monday of July, and fourth Monday of 

November in each year; for the district of Oregon, on the second 

Monday of April and the :first Monday of October in each year; and 

for the district of Nevada, on the third l\Ionday of March and the first 

Monday of November in each year. These terms respectively are to 

be in place of those now provided by law. 

The second section provides that the act· shall take effect on the 1st 

day of February, 1876, and repeals all provisions of law inconsistent 

with it. 

The amendment of the committee, which was read, wa-s to strike 

out near the beginning of the second section the word" February," 

and insert " March." 

There being no objection, the amendmeftt was agreed to; and the 

bill, as amended, was ordered to a third reading, and read the third ti~ . 

Mr. HURLBUT. I wish to suggest to the chairman of the Committee on the Judiciary [Mr. K.."iOTT] whether it is. not necessary to insert a clause to provide for continuing recognizance and process for ~he 

new termsf 

Mr. KNOTT. That is already provided for. 

The bill was passed. ORDER OF BUSINESS. · 

Several MEMBERS called for the regular order. 

ThA SPEAKER. The morning hour begins at twenty-two minutes 

past twelve o'clock. The regular order this morning is the call of 

committees for reports of a private nature. 

Mr. LAWRENCE. I suppose that the bill which was pending when 

the morning hour expired yest erday comes up first. 

The SPEAKER. 0, no; that will come up in a morning hour not 

devoted by the rules of the House to other business. The morning hour of Friday is assigned to the consideration of private business. 
890 CONGRESSIONAL RECORD. FEBRUARY 4, 

LAWSON & BREWIS. 

:Mr. TUCKER. I am instructed by the Committee of 'Vays and 

Means to report as a substitute for a bill heretofore referred to them a bill (H. R. No. 1807) for the relief of Anthony Lawson, surviving 

partner of the firm of Lawson & Brewis of Alexandria, Virginia. The 

bill is accompanied with a written report. This firm were the own- ers of certain lots of land in the city of Alexandria sold under the 

direct-tax law of Congress of 1862. The proceeds of the sale were paid . into the Treasury; and this bill proposes to repay those proceeds to 

the surviving partner of the firm, deducting the amount of the tax, 

costs, and charges. I ask that the bill be now considered and passed. 

Mr. CLYMER. As I understand, this bill is liable to a point of 

order. Mr. TUCKER. The question is whether this is to be considered an appropriation out of the Treasury, as the bill merely proposes torepay the proceeds of the sale which were paid into the Treasury. But, even though the hill may be subject to the point of order, I think 

there will be no objection to its being acted on and pa-ssed now. Mr. WILSON, of Iowa. We are entitled to have the bill read before the point of order is decided. 

The SPEAKER. The bill will be rea~. 

The bill was read. 

Mr. CONGER. I make the point of order that this bill, m1der the 

rules, because it makes appropriations of lands, must be referred to 

the Committee of the Whole on the Private Calendar. 

The SPEAKER. In the opinion of the Chair. the point of order is 

well taken. . Mr. TUCKER. I ask the gentleman from Michigan not to insist 

upon his objection at this time. With a brio£ explanation I have no doubt the House will consent to the passage of the bill at this time. 

Mr. WILSON, of Iowa. Tliere are similar bills to be reported from 

the Committee on War Claims, and if we consider this without refer- ence to theCommittee of the Whole on the Private Calendarwemust 

consider those bills in the same manner. I think the enforcement of 

the rule had better be insisted upon. 

The bill was referred to the Committee of the Whole on the Private 

Calendar, and, with the accompanying report, ordered to be printed. 

JOHN V. CHAPMAN. 

. Mr. BRADLEY1 from the Committee of Claims, submitted an ad- verse report in toe case of John V. Chapman; which was laid on the table and ordered to be printed. 

Mr. BRADLEY moved to reconsider the vote by which the report was laid on the table; and also moved that the motion to reconsider 

be laid on the table. 

'rhe latter motion was agreed to. 

WAR CLAIMS. 

Mr. EDEN. I am directed by the Committee on War Claims to submit the following resolution for consideration at this time: 

The Clerk read as follows: 

Resolved, That the Committee on War Claims be, and are hereby, authorized to 

employ a messenger for the present session at the rate of compensation of a laborer. 

Mr. HURLBUT. I hardly think that is in order on a private-bill 

day. • The SPEAKER. To-day, under the rules, is devoted to the consideration of private bills. Does the gentleman make objection 'f 

Mr. HURLBUT. I do not think this resolution to authorize the 

employment of a messenger by the Committee on War Claims can be 

considered in the nature of private business. 

The SPEAKER. The Chair does not see how he can hold this as a private bill or business of a private nature, and, objection having been 

made, it will not be received at this time. 

Mr. HURLBUT. I do not insist on my objection. 

The SPEAKER. Is there objection to the adoption of the resolutionf 

There was no objection ; and the resolution was adopted. 

The SPEAKER. The Chair wishes to say, from the manifest desire on the part of the House to facilitate the transaction of this kind of 

business, it baa not been usual to object to these things, although 

they are not in order. 15ANIEL WORl\IER. 

Mr. WARREN, from the Committee on War Claims, reported a bill 

(H. R. No. 1808) for the relief of Daniel Wormer, of Albany, New 

York; which waa read a first and s~cond time, referred to the Committee of the Whole House on the Private Calendar, and, with the ~companying report, ordered to be printed. 

PRIVATE LAND CLAIMS IN NEW 1\<IEXICO. 

Mr. JOYCE, from the Committee on Private Land Claims, reported 

back a bill (H. R. No. 344) to confirm certain private land claims in 

the Territory of New Mexico, with the recommendation that it do 

pass; and the bill was referred to the Committee of the Whole Honse on the Private Calendar, and the accompanying report ordered to be 

printed. ANDREW WILLIAMS. 

Mr. LAPHAM. I am directed by the Committee on Private Land 

Claims to report back House bill No. 859, for the benefit of Andrew 

Williams, of Weakley County, Tennessee, with the recommendation 

that it do pass, with the single amendment of stri1."ing out "Commissioner of the General Land Office" and inserting "Commissioner of 

Pensions." 

The bill was read in extenso. 

Mr. CONGER. I make the point of order that this bill must be re- ferred to the Committee of the Whole House on the Private Calendar. 

Mr. LAPHAM. This bill merely provides for giving relief to Andrew Williams, of Weakley County, Tennessee, for disability at the 

land office, so that he may obtain a certificate for relocation; but for 

the death of B. R. McNabb, the relief would have been obtained at 

the land office, without any bill by Congress. 

The SPEAKER. In the judgment of the Chair the objection goes 

to the very verge in cases of this kind, but still is within the rule. 

The rule now seems to exclude bills making any appropriation of 

land in any way. This, in one sense, does that thing. The Chair 

therefore sustains the point of order. 

The bill and amendment were referred to the Committee of the 

Whole House on the Private Calendar, and, with the accompanying 

report, ordered to be printed. 

ANDERSON J. SMITH. 

Mr. Hl!RLBUT, from the Committee on Military Affairs, reported 

back a bill (H. R. No. 597) for the relief of Anderson J. Smith, with 

the recommendation that it do pass; and the bill was referred to the 

Committee of the Whole House on the Private Calendar, and the ac- companying report ordered to be printed. 

WILBER F. CHAMBERLAIN •. 

Mr. GLOVER, from the same committee, reported back a bill (H. 

R. No. 81) for the relief of Wilber F. Chamberlain, of Lewis County, 

Missouri, with the recommendation that it do pass, and the bill was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

CLOTHING TO E:NLISTED MEN. 

Mr. A. S. WILLIAMS, from the same committee, reported joint re- solution (H. R. No. 58) authorizing an issue of clothing to certain 

enlisted men of Company C, Sixth United States Cavalry; which was read a first and second time, referred to tbe Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed . OSCAR F. STANTON. 

Mr. LEWIS, from the Committee on Naval Affairs, reported back 

adversely a bill (H. R. No. 398) to restore Oscar F. Stanton, of the 

United States Navy, to the relative position on the Navy Register 

which he formerly occupied; and the same was laid on the table, 

and the report ordered to be printed. 

R. L. LAW. 

Mr. LEWIS also, from the Committee on Naval Affairs, reported 

back adversely the memorial of R. L. Law, commander in the United 

States Navy, asking for restoration to his proper rank in the no.val 

service of the Unit-ed States; and the same was laid on the table. 

G. HARRIS HEAP. 

1\fr. HEWITT, of New York, from the Committee on Foreign Affairs,. repoqed ~k the joint resolution (H. R. No. 11) authorizing G. 

Harris Heap, Umted States consul at Tunis, to accept the trust of 

commissioner of the Bey of Tunis, with an amendment by the Senate, 

in which the committee recommended concurrence. The amendment of the Senate was read as follows : 

At the end of the joint resolution insert the followin[ : 

mf~~~ni~t ~~.g his absence from his post he s all receive no compensation 

The amendment of the Senate was concmTed in. 

GRADE AND PRIVILEGES OF ARMY OFFICERS. 

Mr. SWANN, from the Committee on Foreign Affairs, reported back 

the bill (H. R. No. 823) to repeal section 16 of the act approved July 

15, 1870, and to construe section 34 of the act approved July 28, 18661 relative to the ~ade and privileges of officers of the Army, and movea that the comnuttee be discho.rged from the further consideration of 

the same and that it be referred to the CommitteeonMilitary Affo.irs. 

The motion was agreed to. 

ADMISSION OF COLORADO. 

Mr. SOUTHARD. I am instructed by the Committee on the Territories to report back with amendments the bill (H. R. No. 1328) to 

amend the act entitled "An act to enable the people of Colorado to 

form a constitution and State government and for the admission of 

said St11te into the Union upon an equal footing with the original 

States," approved March 3, 1875. 

Mr. RANDALL. That is a public bill. 

The SPEAKER. The point of order is well taken. 

1\Ir. SOUTHARD. Will it be in order to refer the bill f 

Mr. RANDALL. It is not before the House. 

The SPEAKER. It is a public bill, and therefore is not in order 

under this call. . Mr. SOUTHARD. I ask, then, the return of the bill. 

GEORGE P. MARSH. 

?fir. FAULKNER, from the Committee on Foreign Affairs, reported 

back, "\vith the recommendation tho.t it do pass, the bill (S. No. 62) to 
1876. CONGRESSIONAL RECORD. 891 

authorize George P. Marsh to .accept a certain present from the government of SWitzerland and a certain present from the government 

of Italy. . The bill was read. It authonzes and empowers George P. Marsh, 

the minister of the United States to the kingdom of Italy, to a-ccept a chronometer tendered him by the republic of Switzerland and a table tendered him by the kingdom of Italy in recognition of his 

services to said governments as arbitrator iu a disagreement between 

the same touching a question of boundary. 

The bill was ordered tu be read a third time; and it was a-ccordingly read the third time, and passed. 

FOG-SIGNAL AT SOUTH FARALLON. 

Mr. HEREFORD, from the Committee on Commerce, reported back 

the bill (H. R. No. 134) authorizing the construction of a steam fog 

signal at the South Farallon Islanrl, California, accompanied by a favorable report in writing, and with the recommendation that the bill 

and report be referred to the Committee on Appropriations. 

The bill was referred to the Committee on Appropriations, and the 

accompanying report ordered to be printed. 

MARY W. JONES. 

Mr. BLAND, from the Committee on Revolutionary Pensions, re- ported back, with the recommendation that it do pass, the bill (H. R. 

No. 744) to increase the pension of Mary W. Jones; and the same was referred to the Committee of the Whole on the Private Calendar, and 

the accompanyiHg report ordered to be printed. 

MORRIS DWIGHT. 

Mr. BAGBY, from the Committee on Invalid Pensions, reported 

back; with the recommendation that it do pass, the bill (H. R. No. 

682) granting a pension to Morris Dwight; and the same was referred 

to the Committee of.the Whole on the Private Calendar, and the ac- companying report ordered to be printed. 

LYDIA A. MORRIS. 

Mr. BAGBY also, from the same. committee, reported back, with the 

recommendation that it do pass, the bill (H. R. No. 1460) granting a pension to Lydia A. Morris, widow of John K. Morris, of Company 

A, Fj.fth Ohio Volunteer Cavalry; and the same was referted to the 

Committee of the Whole on the Private Calendar, and the accompanying report ordered to be printed. 

JOHN A. STEWART. 

MJ_-. BAGBY also, from the same committee, reported a bill (H. R. No. 

1809) granting a pension to John A. Stewart; which was read a first 

and second time, referred to the Committee of the Whole on the Private Calendar, and the accompanying report ordered to be printed. 

ELIZABETH R. HULL. 

Mr. BAGBY also, from the same committee, reported a substitute 

(H. R. No. 1!::!10) for the bill (H. R. No. 242) granting a pension to Elizabeth R. Hull; and the same was referred to the Committee of the 

Whole on the Private Calendar, and the accompanying report ordered 

to be printed. JOHN CHANDLER. 

Mr. BAGBY also, from the same committee, reported back the bill 

(H. R. No.1732) to place on the muster-rolls the name of John Chandler, late of Company K, Thirty-sixth Regiment Missouri Volunteer 

Infantry, and moved that the committee be discharged from the further consideration of the same, and that it be referred to the Committee on Military ~airs. 

The motion was agreed to. 

WILLIAM T. SIMMS. 

Mr. RUSK, from the same committee, reported back, with the recom- mendation that it do pass, the bill (H. R. No. 362) granting a pension 

to William T. Simms; and the same was referred to the Committee 

of the Whole on the Private Calendar, and the accompanying report 

ordered to be printed. FRAN.CIS BERNARD. 

Mr. RUSK also, from t.he same committee, reported back, with the 

recommendation that it do paBS, the bill (H. R. No. 42) granting a pension to Francis Bernard; and the same was referred to the Committee 

of the Whole on the Private Calendar, and the accompanying report 

ordered to be printed. FANNIE E. RECORDS. 

Mr. RAINEY, from the same committee, reported a bill (H. R. No. 

1811) granting a pension to Fannie E. Records; which was read a first 

and eecon<L time, referred to the Committee of the Whole on the Private Calendar, and, with ·the accompanying report, ordered to be 

printed. DAVID J. GARRETT. 

Mr. SINNICKSON, from the same committee, reported back the bill 

(H. R. No. 111) granting a pension to David J. Garrett; and t.he same was referred to the Committee. of the Whole on the Private Calendar, 

and, with the a-ccompanying report, ordered to be printed. 

MRS. Jll"E DULANEY. 

Mr. HEWITT, of Alabama, from the same committee, reported back 

the bill (H. R. No. 1118) granting a pension to Mrs. Jane Dulaney; 

which was referred to the Committee of the Whole on the Private 

Calendar, and, with the accompanying report, ordered to be printed. 

MARY B. HOOK. 

1\ir. HEWITT, of Alabama, also, from the same committee, reported 

·back the petition of Mary B. Hook, widow of J umes H. llook, lieutenant-colonel and assistant commissary-general of subsistence, and a bill 

for her relief, and moved that it be referred to the CoiD.Illittee on Military Affairs. 

The motion was agreed to. 

CRCELTY TO ANIMALS. 

Mr. JONES, of Kentucky, from the Committee on Roads and Canals, 

moved that the committee be discharged from the further consideration of the petition of Charles Paine, superintendent of the Lake 

Shore and -Michigan Southern Railroad Company, and other papers, 

asking the repeal or modification of an act to prevent cruelty to animals while in transit by railroads or other means of transportation ip. 

the United States, and that the same be referred to the Committee on Agriculture. 

The motion was agreed to. 

CLERK OF THE COl\IMITTEE ON ROADS AND CANALS. 

1\Ir. JONES, of Kentucky, also, from the same committee, reported 

the following resolution: · 

Resolved, That the Committee on Roads and Canals be authorized to employ a clerk, whose compensation shaJ.l be $4 per day. 

Mr. HOLMAN. That resolution ought ce1·tainly to go to the Committe of Accounts, and I desire to make a motion that it be so referred. 

1\Ir. JONES, of Kentucky. I hope not, sir. I desire to state that 

the Committee on Rail ways and Canals have always had a clerk. The 

Committee of Accounts have decided that the same clerk shall be em- ployed by the Pacific Railroad Committee and the Committee on Railways and Canals. Now, sir, the Honse has been in session for two 

months and I never have seen that clerk in our committee-room. I 

have inquired of him, and he has told me that his time is entirely oc- cupied by the Committee on the Pacific Railroad and can give no time 

to us. Now, sir, our business is already considerable and is accumu- lating every day, and persons interested in the business connected with our committee go to our committee-room to ascertain the condition of 

the measures in which they are interested and there is no one there 

to give them any information on the subject. I therefore hope that 

the committee will be allowed tO' employ a clerk. 

Mr. HOLMAN. I wish to call attention to the fact that the Committee on the Pacific Railroad has but a single bill pending before it, 

and the idea that it requires a clerk a single moment is entirely out 

of the question. I am sure that none of us desire that clerks of com- mittees shall be employed to discharge the duties that properly devolve upon us. The practice has been in the past, when there was no great pressure or demand for economy, to refer all such matters to 

the Committee of Accounts. I know that my friend from Kentucky 

has the same motive th,at I have-the protection of the public interest; why, then, should he not let this subject go to the Committee of 

Accounts 'f Why treat the committee discourteously f They have 

already reported for the appointment of all clerks of committees heretofore appointed, except in one or two instances where resolutions were passed by the Honse. But the practice has been to refer all such 

questions to them, and I hope that it will be done in this case. Sir, we are increasing the number of clerks in the House beyond all past 

experience. We shall have to go before the country with instead of a reduction of expenditures an actual increase of expenditures for 

the Honse of Representatives. 

Mr. JONES, of Kentucky. I desire to say that my information in 

regard to the business before the Pacific Railroad Committee is en- tirely different from that of the gentleman from Indiana. I understand that that committee has been in session for many days past. 

The information I derived in regard to the business before it was from the clerk of the committee. 

Now, sir, I am as much in favor of cutting down expenses as the 

gentleman from Indiana can be, but I do cont-end that the business 

of the country should be done, and done to the satisfaction of everybody. I would like the gentleman to state to the House if he has ever known a time since the formation of the Committee on Rail ways 

and Canals when it has not had a clerk. 

Mr: HOLMAN. I am not able to say whether it has or has not. 

Without professing to h:we precise information in reg&rd to the 

amount of business before the Committee on the Pacific Railroad, I 

have, in common with other members of the House, a general idea of 

the amount of business before the various committees nf the House. 

I think we are now appointing a larger number of clerks than the 

public business requires, and, in order that there may be inquiry into 

the ma.tter, let this resolution go to the Committee of Accounts, and, if 

they think a clerk is necessary, there will be no objection; but until 

the committee report in favor of it I do not t.hink we ought to pass it. 

Mr. JONES, of Kentucky. I have as much respect for the Committee of Accounts as anybody, but they have been appealed t.o and 

re-appealed to on the subject, and have ignored our appeal. 

The Committe~ on Railways and Canals bas always had a room to 

itself heretofore, but now their room is given a part of the time to 

another committee. \Ve are alrea{}y encumbered in that room with a great deal of ibusiness, and I know what business is before that com- mittee much better than does the gentleman from Indiana, [Mr. HoLMAN.] I will say this to the House, if they will give our committee a clerk and the time should arrive when we can dispens~ with his 
892 CONGRESSIONAL RECORD. FEBRUARY 4, 

services, then, in furtherance of the idea of the gentleman from Indi- ana and of the economy of the House and of the democratic party, I 

will see that the clerk is discharged. But I insist that the resolution· shall now be considered by the House. 

Mr. FORT. ·with all deference to my friend from Kentucky, [Mr. 

JONES,] allow me to say that I hope this resolution will be referred to 

the Committee of Accounts, if that committee is to jnvestigate the 

subject of awarding clerks to the several committees of the House. 

Let me say now to the House that the Committee of Accounts is con- sidering the application of the gentleman from Kentucky, and I believe it has a report ready. 

Mr. JONES, of Kentucky. Is the gentleman on that committee f 

Mr. FORT. I am. Mr. JONES, of Kentucky. Well, rather than consume any further 

time of the House in the discussion of this resolution, I will consent 

to its reference. 

1\Ir. FORT. I believe I have the floor, and will conclude what I 

have to sar. The Committee of Accounts have considered the application of the gentleman from Keutucky with applications of similar 

chara-cter by other gentlemen. We are desirous of giving them all the as istance in their labors which we can. But let me say to the Honse 

that the roll of clerks already exceeds in number that allowed to the 

last House, and the committee are unwilling to further swell that roll 

without a full investigation and a fair understanding of all the circumstances in ea-ch case. Mr. JONES, of Kentucky. Was not a clerk given to the Committee on Railways and Canals of the last House 7 

Mr. FORT. I think they had a clerk a part of the time. But, as has been well said by the gentleman from Indiana, [Mr. HoLMAN,] one committee which has been a.ssigned a clerk in conjunction with 

the committee of which the gentleman from Kentucky [Mr. Jom:s] 

is chairman has but one bill before it. Now, it can hardly be possible that the care and custody of one single bill can occupy all the 

time of a clerk for so long; at least the Committee of Accounts think so. I do not see the chairman of the Committee of Accounts [Mr. 

WILLIAMS, of Indiana,] in tihe House at this time. I believe that he de~:~ires and is willing to accommodate the gentleman if he can possibly do so and at the same time have a due regard to economy. 

Mr. JONES, of Kentucky. I will make no objection to the refer- ence of this resolution to the Committee of Accounts. 

Mr. O'BRIEN .. Before the resolution is referred I desire to submit an amendment to it, so that the amendment may also be referred to the 

Committee of Accounts. 

Mr. FORT. You might as well ha-ve them all referred together. 

Mr. O'BRIEN. It is germane to the subject of the resolution. The Clerk read the proposed amendment, as follows: 

Resolved, That the Committee of Accounts assign to the Committee on Coinage, Weights, and Measures a clerk at a salary of $4 per day. 

The SPEAKER pro ternp01·e, (Mr. RANDALL.) The Chair rules that 

amendment not in order. The pending resolution comes from a com- mittee, and relates to a particular matter to which this amemlment is 

not germane. 

Mr. JONES, of Kentucky. I do not a-ccept the amendment. 

Mr. O'BRIEN. I desire, when the opportunity presents itself, to 

offer my resolution and have it referred to the Committee of Accounts. 

The motion to refer ·the resolution of Mr. JONES, of Kentucky, to the 

Committee of Accounts was agreed to. :Mr. O'BRIEN. I now offer the resolution which was read a moment 

ago. 

The SPEAKER pro tempore. Is it a report from a committee '1 

:Mr. O'BRIEN. It is not a 1·eport from a committee, but I offer it 

as represen~~lft committee. 

The SP.E R pro tentpore. It is not now in order. 

CHARLES H. FONDE. 

Mr. J . H. BAGLEY, from the Committee on Patents, reported back, 

with a recommendation that the same do pass, the bill (H. R. N o.1440) to 

enable Charles H. Fonde to make application to the Commissioner of 

Patenta for extension of letters-patent for improvement in dredging- machines. 

Mr. BURCHARD. Ou~ht not this bill go to the Committee of the 

Whole on the Private Calendar J 

Mr. CONGER. Why'J 

:Mr. BURCHARD. I have not examined the bill, but judging from 

its title I think it proposes to give some special rights to an individual. Mr. CONGER. I thought the gentleman did not understand it very 

well. I cannot see any point on which it should go to the Committee 

of the Whole. 

Mr. BURCHARD. Let the bill be read. The bill wa.s read. It provides that the petition of Charles H. 

Fonde, of Mobile, Alabama, for extension of letters-patent for an improvement in dredging-machines, granted April 17, 1855, numbered 

12720, and extended by the Commissioner of Patents for seven years from April17, 1869, which term will expire on Aprill77 1876, shall be 

referred to the Commissioner of Patents, with full power and authority to hear and determine the same; and if, after hearing the said pe- tition, upon due notice to the public according to the practice of the 

Patent Office in cases of extension, the saicl Commissioner should 

decide that said petition ought to be granted, he is hereby authorized 

and empowered to extend said letters-patent for seven years from 

April17, 1876, to said Charle H. Fonde. 

Mr. BURCHARD. I withdraw the point of order. 

Mr. HOLMAN. Is not this bill subject to a point of order! 

The SPEAKER pro temp01·e. It is not. ·Mr .. HOLMAN. If it is I would like t.o make it. 

Mr. REAGAN. I ask that the report be rea-d. 

The report states that Charles H. Fonde has made every effort in 

his power to perfect and pnt in use the dredging-machine for which 

he seeks an extension of patent, has expended lar~e sums of money, 

but from adverse circumstances, which he could rn no way control, 

has suffered great loss; with others he has lost three machines, one by explosion of boilers and two by other accidents, rendering them 

nearly a total loss; that the committee find the machine of which he 

is the inventor is not of such a character that the general interests of 

the public would be damaged or interfered with should the application be granted, and therefore theyrecommend that the bill do pa s. Mr. REAGAN. Without having investigated this case or knowing 

anything about the facts beyond their presentation in the report, 

which seems to be made on the statement of the patentee alone, I 

understand that this patent has already had a renewal for seven years. 

The policy of giving patents for inventtons which may be beneficial 

to the public is all well enough, and in proper cases a single extension may not be objectionable; but beyond that I tlb.ink extensions 

of patents are generally designed simply to secure monopolies to individuals against the interest of the public. For my own pattI know 

of no case in which a patent so extended has not been improperly ex- tended, to the injury of the public and simply to make the invention a monopoly. Upon general principles I am inclined to vote against 

all such propositions. • I understand of course that this bill proposes merely to ref~r the 

question of the extension to the Commissioner of Patents; but I do not 

think it good policy to revive patents, certainly not after they have 

been extended for one term of seven years. I trust therefore that 

thiR bill may not be passed. . . Mr. J . H. BAGLEY. The Committee on Pa,tents have carefully 

examiried this application and think it meritorious. No opposition 

is offered to it. On the contrary, petitions have been presented from a number of parties recommending the passage of the bill. It is 

clearly established that Mr. Fonde has received no compensation for 

his invention, but has been a heavy loser. This bill proposes merely 

to allow him to go before the Commit~sioner of Patents and present 

his application for a renewal. 

This is an entirely different caae from the extension of a sewingmachine patent or anything of that kind going into domeEJtic use. This is a vast machine, the construction of a single one costing 

something like 50,000. We have the patentee's statements and affidavits, together with the history of the three orfourmachineswhich are the only ones thus far constructed. The committee are averse to 

renewing any patent unless the case shows real merit. They deem 

this such a case, and have felt it their duty to report it favorably. 

Mr. CONGER. Perhaps it is due to the Committee on Patents that 

I should explain somewhat the views of the committee in regard to 

extension of patents in general, and also their opinion in reference to 

this particular application. 

From the views which the committee have expressed and the reso- lutions which they have adopted for the government of their action, 

I think that no gentleman of this House, however much he may be 

opposed to the extension of patents or to granting monopolies to 

companies or individuals, will have any occasion to find fault with 

any recommendation of the committee. 

Old members of the House will recollect my opposition heretofore 

to the extension of any patent where the inventor had already re- ceived sufficient remuneration, either from the public or anybody 

else. I think that this rule will control the action of the committee 

in a manner to satisfy probably the most strict objector. This patent is for a rotary dredging-machine, unlike, perhaps, any one in use in the country. It is very complicated, more complicated even than a steamboat. It requires very expensive machinery, making the cost of each machine perhaps fifty or sixty thousand dollars. 

It happens that only four of these ma{lhines have been constructed 

during the twenty-one years of the life of this patent. Three of those were destroyed or very materially injured immediately upon their application to work. The inventor has never received one cent from the 

public. The public has never paid.: one cent for thi patent in any 

shape whatever. It is a machine that cannot come into general use. It is de~:~igned for the larger kind of dredging in rivers and harbors. 

So fat· as we can judge, it may prove to be a very valuable invention. 

The fourth one of these m:1ehines ha,s been completed and is now being put to work in the harbor of Baltimore to test its capacity. If 

it proves successful it will undoubtedly reduce very greatly the ex- pense of clearing our harbors and rivers, where a great amount of 

dredging is required. Unquestionably, if successful, as the inventor 

hopes, it will cheapen that kind of work as well for the Governmeut as for the public. With all my objections to extensions in general, and after having carefully examined this application both in the last Congress and in 

the present, I see no reason on any principle whatever why the privi-
1876. CONGRESSIONAL RECORD . . 893 

lege now asked by this inventor should not be granted. He has 

struggled for almost twenty-one years to perfect this invention; has 

incurred the outlay not only of the fortune he had at the time he 

commenced his operations, but all the earnings of a life. Hence I 

havo cheerfully joined with the other members of the cptnmittee in 

recommending that this patentee be allowed to apply to the Commissioner of Patents. for a further extension. 

Mr. REAGAN. In view of the statement which the gentleman from 

:Michigan ha-s just made, would it not be charitable to this inventor 

to let the patent expire! 

Mr. CONGER. That may be so; but the committee do not feel that 

they are instituted as the particular guardian or supervisor of charities. Patents do not generally come under that head. I think that 

this iS such a ca-se that probably every member of the House, upon giving it individual examination, would approve the recommendation of 

the committee and favor the passage of the bill. :Mr. TOWNSEND, of New York. Mr. Speaker, if this invention is 

of such a character that the continuance of the patent will cheapen 

the dredging of harbors and aid the General Government, then it cer- tainly may accomplish the same object if the patent be not extended. 

My objection to this measure is that it is an entering-wed~e by which 

private individuala may be encouraged to hang about the halla of legislation to promote their ends after they have had the benefit of 

twenty-one years of favor from the General Government. I believe 

that a term of twenty-one years is long enough for any invention. I am opposed to this and all other extellSions. 

Mr. CONGER. One word to myfriendfrom~ew York, [Mr. TowNSEND,] for I have found him to be a reasonable man, and I think a word will be sufficient. The only machine of this kind that has ever perhaps been made ready for work is now prepared. It is even uncer- tain whether this one will not require great additional e>.rpenditure 

before it is perfected. It is now on trial. In April next the term of 

the patent will run out. 

Mr. TOWNSEND, of New York. The inventor can now patent the 

improvements he proposes to make. 

Mr. CONGER. There are no improvements to be made. What is 

to be done is to perfect a very cumbersome piece of machinery and 

·make it practicable in its workings. 

Mr. J. H. BAGLEY. I will say to my colleague [Mr. TOWNSEND, 

of New York] that the evidence in this case shows that this man and 

others with him have expended about 200,000 to perfect these ma- chines. They have received but $25,000, a result which was caused by 

the loss of these three machines. Therefore there will not be adequate compensation for his invention unless this bill be passed. 

The House divided; and there were-ay<:s 40, noes 71. 

The SPEAKER pro tempore, (Mr. RANDALL in the chair.) The bill 

is rejected unless a further count be demanded. 

Mr. BRIGHT. Haa not the morning hour expired f 

The SPEAKER pro tempm·e. It has. 

Mr. BRIGHT. Then I demand the regular order of business~ a-a this 

is objection-day in the Committee of the Whole House on the Private 

Calendar. 

Mr. CALDWELL, of Alabama. I desire to have tellers on the passage of the pending bill. 

The SPEAKER pro tentpo1'e. The morning hour has expired, and 

the bill goes over until next Friday. 

Mr. HOAR. I rise to make a point of order, that nothing can interfere to prevent action on the bill when the House is dividing. 

The SPEAKER pro tempore. The Chair did not recognize the gentleman from Alabama who demanded tellers before he recognized the 

gentleman from Tennessee, [Mr. BRIGHT,] who called attention to the 

fact that the morning hour had expired, and to the further fact that 

this was objection day in the Committee of the Whole House on the 

Private Calendar. There is no injury done to this bill, as it goes over and comes up next Friday in the morning hour. 

Mr. CALDWELL, of Alabama. I do not object to that. 

Mr. HOAR. When the House is dividing on the passage of a bill 

and tellers are called for, in my judgment that cannot be interfered 

with by any other bnsin('lss. . 'fhe SPEAKER pro ternpo1'e. The gentleman from Alabama [Mr. 

CALDWELL) did not promptly ask or the Chair did not hear himfor tellers: The gentleman from Tennessee [Mr. BRIGHT] immediately in front having raised the point of order that the morning 

hour had expired, the Chair had but one thing to do, and that was to 

(lecide that the morning hour had expired. The bill goes over to the 

morning hour next Friday, and the first question will be on ordering 

tellers on the passage of the bHL 

OBJECTION DAY-PRIVATE CALENDAR. 

Mr. BRIGHT. I move that the House resolve itself into the Committee of the Whole on the Private Calendar. 

The motion was agreed to. 

The House accordingly resolved itself into the Oommittee of the 

Whole House on the Private Calendar, (Mr. HOL1\1AN in the chair.) 

The CHAIRMAN. This is objection day in the Committee of the 

Whole House on the Private Calendar, and the bill and report in 

each case will be read, and if objection be made the bill will be laid 

aside, but if there be no objection the bill will be laid aside to be re- ported to the House with the recomm<.,ndation that it do pass. 

ALEXANDER ST. BER..'{ARD. 

The first bill on the Private Calendar was the bill (H. R. No. 

556) granting a pension to Alexander St. Bernard. 

The bill and report were read. 

Mr. MORRISON. This is a proposition to pension a man who was not in the military or naval service of the United States, and therefore I object. 

The CH.A.IRMAN. Objection being made, the bill will be laid aside. 

ROBERT ERWIN. 

The next bill on the Private Calendar was the bill (H. R. No. 231) 

for the relief of Robert Erwin. 

'fhe bill, which was read, provides that the Court of Claims may 

take jurisdiction of the claims of Robert Erwin, of Savannah, Georgia, 

for property taken from him, which claims were by accident or mistake of his agent not filed in season to save the term of limitation, 

without fault or neglect on said Erwin's part. 

From the report it appears that the memoria-list, at ibe time of the 

capture of the city of Savannah by the military forces of the United 

States, in December, 1l::lG4, claimed to be the owner of two certain lots 

of cotton, one of which was in his possession in the city of Savannah 

and stored in his warehouse, and the other lot was stored in Thoma-sville, Georgia; that both of the e lots of cotton are alleged by memo- rialist to have been seized by the officers and agents of the United 

States, and subsequently shipped by said n:geuts to the city of New 

York, and there sold by such agents, and the proceeds of the sale 

thereof paid into the Treasury of the United States, allegations sus- tained by the proof adduced; that the memorialist, for the purpose 

of making claim against the United States for the proceeds of the said 

lots of cotton in the Court of Claims, under the provisions of the act 

of March 12, 1863, entitled "The abandoned or captured property act," 

employed Joseph B. Stewart, an attorney and counselor at law in the 

city of \Vashington,as his attorney, for the purpose of instituting a suit 

in the Court of Claims as provided by the above-named act, and for 

that purpose the memorialist placed in the hands of his said attorney 

all the papers relating to said claims; that there is no doubt that the 

memorialist was led to believe by the repeated state~ents or representations of the said Stewart that suits in the name of the memo- rialist for the proceeds of the said lots of cotton had been instituted 

in the said Court of Claims within the time limited by law; that the 

said Stewart neglected or failed to have the suits for the said lots of 

cotton inRtituted in the Court of Claims as he had represented to the 

memorialist had been done, and that the memorialist was not informed that the suits were not instituted until the time limited by 

law for commencing them had expired, and then the memorialist em- ployed another attorney, who brought the said suits in the Court of 

Claims, but under the decision of the Supreme Court not within the 

time limited by law; that the memorialist wasnot guilty of any negligence or default, but made all proper eft'orts to secure his right to , the proceeds of the said lots of cotton in the only way which the la\v 

provided for him, and that the injury and loss sustained by him are the result of the negligence or default of his said attorney. 

This bill received the unanimous report of the Committee on the 

Judiciary of the laat Congress, and was passed by the House without 

opposition. · . The bill was laid aside to be reported to the House, with the rec- ommendation that it do pass. 

JAMES M. COFFINBERRY. 

The next bill on the Private Calendar was the bill (H. R. No. 247) 

for the relief of James M. Coffinberry. . The preamble recites that it appears that James M. Coffinberry, of 

the city of Cleveland, and State of Ohio, was lately a judge of the 

court of common pleas within and for the fourth judicial district of 

the State of Ohio, and it is represented that as such jud~e he was assessed and paid income taxes on his salary for the period of five 

years under the internal-revenue laws of the United States as then 

construed and executed; and that, by reason of the serious ill health 

of said James M. Coffin berry and his absence from home considerable 

periods of time co~sequent thereon since said assessments and payments, be was !lot informed that such assessments and payments had 

been held by the proper authorities to be illegal and that the same would be refunded by the Treasury· Department in time to prepare 

and present his claim therefor within the period required by section 

44 of the act approved June 6, 1872, as by that act said claims should 

have been presented by June 6, 1873, but were not, as is alleged, presented until the following month of November. 

The bill then authorizes and directs the accounting officers of the 

Treasury Department to examine said claims of said James M. Coffinberry, when presented for that purpose in the manner heretofore prescribed by the Treasury Department for the presentation of the like 

claims, and to reject said claims or to refund said taxes the same as if 

said claims had been presented within the period fixed by section 44 

of the act approved June 6, 1872, aforesaid. 

From the report it appears that James M. Coffin berry, while a judge 

of the court of common pleas within and for the fourth judicial district of the State of Ohio, ha-d assessed against him, and paid, under 

the internal-revenue laws of the United States, for five successive 

years, the income tax upon rus salary as said judge; and that.by rea-
. 

-

894 .CONGRESSIONAL RECORD. FEBRUARY 4, 

son of continued sickness and absence from hornet in consequence 

thereof he did not learn that such assessments and payments had 

been a-djudged illegal, and that the same would be r efunded by the 

Government, in time to prepare and present his claim therefor within 

the period required by the forty-fourth section of the act of Congress approved June 6, A. D. 1872. 

Your committee therefore consider the claim of the said James M. 

Coffin berry just and equitable, and recommend the pa$ageof the bill. 

Mr. GARJ<"IELD. That bill ought to pass, but I think the preamble 

is unnecessary; still, not wishing to ;prevent the bill being reported 

to the House with the recommendation that it do pass, I will leave 

that amendment to be made in the House. 

The bill was laid aside, to be reported to the House with the recom- mendation· that it do pass. 

HATTIE D. M1KEAN. 

The next bill on the Private Calendar was the bill (H. R. No. 1347) 

granting a pension to Hattie D. McKean. 

The bill, which was read, authorizes and directs the Secretary of 

the Interior to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Hattie D. McKean, widow 

of William A. McKean, late a coal-passer in the naval service on board 

the United States steamer Nyack. 

From the report it appears that William A. McKean entered the 

naval service of the United States August 30, 1864 ; that he was then a sound, healthy man; that he was first put on the sick-list February 

19, 1865, and died, of cancer of the stomach, at Wilmin~ton, North 

Carolina, March 26, 1865, while in said service and in the line of duty. 

The time, place, and cause of death are sworn to by Acting Assistant 

Surgeon B. F. Bigelow, in charge at the time. Deceased left a widow, 

the petitioner, and one legitimate child, Nettie Blanche McKean, born 

August 21, 1864. The committee are clearly of the opinion that she is 

legally entitled to a pension. 

The bill was laid aside, to be reported to the House with the rec- ommendation that it do pass. 

RUTH ISABELLE NAYLOR. 

The next bill on the Private Calendar was the bill (H. R.No.1348) 

granting a pension to Ruth Isabelle Naylor. 

The bill and report were read. 

Mr. DOUGLAS. I desire to make a remark on this bill. 

The CHAIRMAN. The bill is not open to debate. By the rnles 

debate is taken as an objection to the bill, this being objection day. 

Mr. DOUGLAS. Then I object. 

The CHAIRMAN. The bill is laid aside. 

PATRICK GLACKIN. 

The next bill on the Private Calendar was the bill (H. R. No. 31) grantin~ a pension to Patrick Glackin. 

The bill, which was read, authorizes and directs the Secretary of · the Interior to place upon the pension-roll, subject to the provisions 

and limitations of the pension laws, the name of Patrick Glackin, 

late a private of Company G, Seventh Regiment Ohio Cavalry, and 

pay him a pension from and after the passaue of the act. 

From the report it appears that Patrick Glackin, late a private in 

Comp:my G, Seventh Ohio Cavalry Volunteers, asks for pension be- cause of injuries receive'd while in the military service of the United 

States and in the line of duty. The committee, after a carefnl exam- ination of the evidence, find that Patrick Glackin was enrolled in 

Company G, Seventh Regiment Ohio Cavalry Volunteers, September 

21, 1862; that while on duty with his company, at Lexington, Kentucky, his horse fell with him, and so injured the petitioner that he was disabled from further active dut.y, and was detailed as footorderly at headquarters; that the injuries received as above resulted 

in inguinal hernia of the right side ; and that he was honorably discharged J nne 22, 1865. 

The medical evidence shows that he was a sound man when he en- tered the service ; that he was treated for the injury as early as J nne, 

1866; and that the disability amounts to one-half. The committee are satisfied that the evidence is sufficient to make a proper case for 

the petitioner, and would therefore report favorably and recommend 

the passage of the accompanying bill for his relief. 

The bill was laid aside, to be reported to the House with the recom- mendation that it do pass. 

HENRY SCHNETBERG. 

The next bill on the Private Calendar was the bill (H. R. No. 216) 

granting a pension to Henry Schnetberg, of Indiana. 

The bill and report were read. 

Mr. DOUGLAS objected. 

JOHN G. PARR. 

The next bill on the Private Calendar was the bill (H. R. No. 215) 

granting a pension to John G. Parr, of Kittanning, Pennsylvania. 

The bill, which was read, authorizes and directs the Secretary of 

the Interior to place on the pension-roll, subject to the provisi~ns and 

limitations of the pension laws, the name of John G. Parr, late a lieutenant-colonel of the One hundred and thirty-ninth Regiment Pennsylvania Volunteers, and pay him a pension as of the rank of 

lieutenant-colonel, instead of that of captain, from the 1st day of 

.Ttme, 1865, deducting the pension already paid. 

'From the report it appears that John G. Parr entered the military 

service of the United St ates at Pittsburgh, Pennsylvania, on the 2<.2d 

day oi August, 1862, as captain of Company C, of the One hundred 

and thirty-ninth Regiment of Pennsylvania Infantry Voluntee1·s, and was honorably discharged as the lieutenant-colonel of said regiment on the 21st qay of J nne, 1865. 

At the battle of Cold Harbor, Virginia, on the 3d of June, 1864, while 

commanding his company, he received a gunshot wound from the 

enemy's artillery, which severed his right hand and arm below the 

elbow. Again in battle near Petersbnrgh, Virginia, on the 25th day 

of March, 1865, while commanding the said regiment as lieutenantcolonel, he received a severe contusion or shell wound in the right hip . He was commissioned a captain on the 2'2d of August, 1862. On the ~th of June, 1864, he was commissioned a major of said regiment, to 

rank as such from the 6th of June, 1864. On the 18th day of Jnly, 1864, 

he was commissioned lieutenant-colonel of said regiment, to rank as such from the 6th day of June, 1864, and was mustered in as lieutenant-colonel on the 6th of J nly, 1864. On the 25th day of August, 1864, as soon as he had sufficiently recovered from his said wounds and am- putation to enabl~him to do so, and before his wounds had fully healed, 

he returned to his regiment and performed the duties of lieutenantcolonel, and was, while so acting and in line of duty, in battle before 

Petesburgh, in Virginia, again wounded as aforesaid by being struck by a piece of shell iri the hip. On the 20th day of April, 1865, the President of the United States, by and with the advice and consent of the 

Senate, did confer on said soldier the rank of colonel by brevet, to 

rank as such from the 1st day of August, 1864, for meritorious services 

at the battle of Cold Harbor, Virginia, when and where he received 

his severe wound. · That by reason of the wounds and inj nries sustained he was granted a pension to date from 21st of Juno, 1865, the time of his discharge, 

and placed _on the pension-roll as of the rank of captain, and was paid a pension accordingly of $20 per month. 

The petitioner prays that by special a-ct he may be placed on the 

pension-roll as a lieutenant-colonel, and that he be paid a pension as of that rank from the said 21st of June, 1865, all pension received to 

be deduct-ed. 

It is proved that ever since the amputation of the soldier's right 

hand and arm as aforesaid be has suffered unusual pain, inconvenience, 

and annoyance by reason of continued, violent, and involuntary jerking and spasmodic twitching of the stump of the arm and of the 

whole arm remaining to him, the motions and violent vibrations of 

which can only be overcome and restmined by the application of ex- ternal physical force; that he submitted to a second amputation, and 

the expense and suffering consequent, without benefit or relief. 

Whether this extraordinary condition arises from the unskillfulness of 

the amputation, or from a pecnliar nervous condition produced in him 

by the wound, are questions which seem to baffle the many surgeons 

who have been consulted. At the Pension Bureau, the pension to the 

soldier was allowed and fixed at the rate allowed by law for the rank 

the soldier held at the time he received the principal wound, and not 

for the rank he held when he received the second wound and when discharged, although a-dmitting that there was very great merit in the 

case, and that it was one on which relief should come from Congress. 

The pecnliar characteristics of the disability of the soldier seem to 

increase with the lapse of time, and now amount to total disability, as is shown by the opinions of the surgeons who have examined the case. Dr. Otto states that the soldier is wholly disabled and incapacitated for labor of any kind, and that the disability is permanent. In 

this other surgeons agree, and all join in pronouncing this a peculiar 

and most extraordinary case. The committee report back the bill 

(H. R. No. 215) with an amendment, and recommend its pa sage. 

The CHAIRMAN. This bill is reported from the Committee on Invalid Pensions with an amendment, which will be read. 

The Clerk read as follows : Strike out these words: "instead of that of captain, from the 1st day of June, 

1865, deducting the pension already paid." 

The amendment was agreed to. 

The bill was laid aside, to be reported to the House with the recom- mendation that it do pass as amended. 

G. W. LA POINTE. 

The next bill on the Private Calendar was the bill (H. R. No. 995) 

granting a pension to G. W. La Pointe. 

The bill was read. It directs the Secretary of the Interior to place 

the name of G. W. La Pointe, late lieutenant-colonel of the Seventh 

Michigan Volunteers, on the pension-rolls, subject to the provisions 

and limitations of the pension laws. 

The report was read, as follows: 

That the petitioner was in receipt of a pension as late first lieutenant by reason of disabilities, resulting from gunshot wound; that said La. Pointe ap:flied for liontenant-colonel's pension, and a re-examination of his case revea.le some unex- plained discrepancies, causing the Commissioner to drop LaPointe's name from the 

pension-rolls. 

In the opinion of the committee, the neQessa.ry proof from the first surgeon of La 

Pointe's command, the Seventh Michigan Veteran Volunteer Infantry, has been 

produced, covering the matter in dispute, which wa~ as to the possibility of ne- crosis being in abeyance for a long period, and making its appearance subsequent to discharge. · · The injury and service were proven, and the question involved in the re-exami- na-tion ia, in your committee's opinion, settled. 

The corru:nittee therefore recommend the passage of the accompanying bill. 

No objection was made, and the bill was laid aside, to be reported 

favombly to tl1e House. 
1876. CONGRESSIONAL RECORD. 895 

ELIZABETH A. NEffiLING. 

The uext bill on the Private Calendar was the bill (H. R. No. 43) 

granting a pension to Elizab~th.A. Neibling. The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Elizabeth A. Neibling, 

widow of James M. Neibling, late colonel of the Twenty-first Regiment Ohio Volunteers, and pay her a pension fr•Jm and after the 

passage of the act. 

The report was read, as follows: 

That said James M. Neiblina entered the military service in the early part of 

the late wart that he was a faithful and brave soldier, always at his post; that be was woundoo in the right arm, which necessitated amputation just below the elbow; that the wound was received on the field at Dallas, Georgia, in May, 1864; 

that be was honorably discharged from the service on his voluntary resignation in 

December, 1864 ; that before be was wounded he was in good health, and capable of, and did perform, the most arduous duties of a soldier, but after he was wounded 

his health gradually and persistently declined until the 21st day of February, 1869, 

when he died; that Elizabeth Neibling, the petitioner, is hiswtdow, and resides at Findlay, Ohio; and that the said Elizabeth made application for pension as the 

widow of Colonel Neibling, which, after several years' delay, was rejected on the 

alleged ground that Colonel N eibling died of a disease contracted prior to his enter- in~r the service. 

The foregoing facts are well established, and the committee are satisfied that the 

wound 11'Ceived by Colonel Neibling and the coDSe<J.Uent amputation of his arm were the primary causes of his death, and that his Wldow is entitled to a pension. The country shoUld take care of the widows and orpbana of its brave soldiers. They are the wards of the nation. The committee report favorably on said bill, and 

recommend its passage. 

No objection was made, and the bill was laid-aside to be reported 

favorably to the House. EZRA B. BARNETT. 

The next bill on the Private Calendar was the bill (H. R. No. 193) 

for the relief of Ezra B. Barnett, with an amendment. 

The bill was read. It authorizes and directs the Auditor of the 

Treasury for the Post-Office Department to credit Ezra B. Barnett, 

postmaster at Norwich, in the State of New York, in his account as such postmaster, with the sum of $95, surplus money-order funds, 

mailed by said pos~master September 29, 1874, for deposit with the 

postmaster at Binghamton, New York, said money having been burned a~d destroyed with the mail-car containing it on the route to Binghamton, without the fault of said postmaster. 

The amendment reported by the Committee of Claims was as follows: 

Strike out these words : '£hat the Auditor of the Treasury for the Post-Office Department be, and be is 

hereby, authorized and directed to credit Ezra B. Barnett. postmaster at Norwich, 

in the State of New York, in his account as such postmaster with the sum of 95. 

And insert in lieu tbe~of the following : That the Secretary of the Trea.'iury be, and he is hereby, authorized and directed, out of any funds in the Treasury not otherwise appropriated, to place tho sum of 

$95 to the credit of the Postmaster-General. with the assistant treasurer of the 

United States at New York, on money-order account; whereupon the Auditor of 

the 'l'reasurrfor the Post-Office Department shall credit. Ezra B. Barnett, postmas- ter at Norwteh, New York, with satd amount in his a.ccow1t as said postmaster, it 

being the amount of--

The report was read, as follows : 

It is shown by the affidavits of the said Ezra B. Barnett and Carroll C. Brooks, 

that the said postmaster did, on the 29th day of September, 1874, inclose and mail to the postmaster at Binghamton, New York, $95 surplus money-order funds, as was his duty under the regulations and instructions of the Post-Office Department to do, and that the mail-car in which the said funds were being_ transported was burned and entirely consumed, with its contents, en route to !Singham ton. The 

evidence submitted is satisfactory to the Post-Office Department as t.o the loss of 

the funds without the fault of said postmaster, and the superintendent of the 

money-order department says, in a letter of date October 21, 1874, that it is satisfactory, and that the said postmaster is permitted to carry on his weekly statements, as funds on hand, $95, in addition to any reserve that may be allowed his office. 

Your committee further find that the money so destroyed was derived from the 

patrons of the money -order system, in the purchase of orders, and was being trans- mitted to another office, to be there paid out in orders drawn upon it. To authorize 

the Auditor of the Treasury for the Post-Office Department to credit the postmas- ter with the 95 would be, therefore, to make the Post-Office Department sustain the 

lo s of that sum. while the Treasury Department, by reason of the destruction of the 

United States Treasury and national-bank notes, comprising the amount, would gain 

that amount. Therefore. your committee, while finding that the claimant is entitled to relief, as a matter of equity between the Post-Office and Treasury Departments report the 

bill back to the House! with the accompanying amendment. 

The amendment was agreed to. 

No objection "'as made, and the bill, as amended, was laid a-side, to 

be reported favorably to the House. 

DE WITT C. SENTER. 

The next bill on the Private Calendar was the bill (H. R. No. 1591) 

to pay De Witt C. Senter, of Tennessee, mileage and per diem for 

appearing under summons as witness before a committee of . the 

Forty-first Congress. 

The bill and report were read. 

Mr. HOAR. I object. 

Mr. ROBBINS, of North Carolina. What is the ground of the gentleman's objection T 

'l'he CHAIRMAN. The objection is absolute, and is not open to 

debate. The Chair will ask the Clerk to read the one hundredth rule 

of the House. 

The Clerk read as follows : 

On the first and fourth Friday of each month the calendar of private bills shall 

be called over, (the chairman of the Committee of the Whole House commencing tho C!lJ.l where be left off the previous day,) and the bills to the passa~eof which no 

objection shall then be made shall be first considered and disposed of. But when a. bill is again reached, after having been once objected to, the committee shall 

consider and dispose of the same, wiless it shall again be objected to by at least 

five members. 

HORACE GLOVER. 

The next bill on the Private Calendar was the bill (H. R. No. 1592) 

to re-imburse Horace Glover for property Wllawfully seized and 

sold by the United States Government. 

The bill and report were read. 

Mr. WILSON, of Iowa, objected. 

LAND CLAIMS IN THE STATE OF MISSOURI. 

The next bill on the Private Calendar was the bill (H. R. No. 819) 

to confirm certain land claims in the State of Missouri. 

The bill wa-s read. 

Mr. DUNNELL. I object to the present consideration of the bill. 

Mr. BUCKNER. The report has not yet been read. 

The CHAIRMAN. The Chair holds that where a report is made by a committee to accompany a bill t-he rea-ding of the report may be 

called for prior to the inquiry of the Chair for objections. 

Mr. BUCKNER. If the objection is to be made after the report is 

read, I do not care to insist on the rea-ding of it. 

Mr. DUNNELL. I object, and do not ask for the reading of the 

report. 

FIRST LIEUTENANT HENRY JACKSON. 

The next bill on the Private Calendar was the bill (H. R. No. 29) 

for the relief of First Lieutenant Henry Jackson, Seventh CavalrY, 

United States Army. , The bill and report were read. 

Mr. WILSON, of Iowa, objected. 

JAMES A. BILE. 

The next bill on the Private Calendar was the bill (H. R. No. 83) 

for the relief of James A. Rile, of Lewis County, Missouri. 

The bill was read. It authorizes aud directs the Secretary of War 

to issue to James A. Hile, of Lewis Com1ty, Missouri, late soldier of 

Company F, Twenty-first Regiment of Missouri Infantry Volunteers, an honorable discharge from the service, and to so amend the records 

and muster-rolls of the War Department as to show that he is no deserter ; the said James A. Hile to be entitled to all pay and bounty as other soldiers of his rank and arm of service, deducting the time 

of his absence. 

The report was read, as follows : 

That the claimant enlisted in the Twenty-first Regiment of Missouri Volunteers on the 15th day of July, 1861, for the term of three years; that at the expiration of 

his term of serrice be received an honorable discharge; that at the town of Canton 

in the State of .Mississippi, he veteranized or re-enliSted for three years, or durin.; 

the war; that while detailed as one of the permanent guard over the military prit;o~ at Mobile, be was taken sick with a fever, from the effects of which he lost the use of his right eye, and the sight of the left one was very much impaired. Learning of the death of his mother, and the injuries his father received from the running 

away of a team, and from which be was not likely to recover, the claimant asked t.o be permitted to go home, beinu unable to perform duty, to see his father and 

have his eye properly treated'; an'a, though asked for several times, a furlou"h for a few weeKs would not be grouted to bini. Being of no use to the Army, ~d the 

time for which he had enliSted having expired, and fearing total blindness, he in· 

formed the orderly sergeant of his company of his intention of leaving his regiment for the treatment of his eye, and of his intention of returning to his commana when so treated; that a few weeks after he arrived at home his re"iment was mustered out of service, and the men returned to their homes; that he 'left his command for 

the rea8ons above stated, and for no other ; that previous to the illness in which he 

lost his eye be had never been sick, but always ready for duty; that he is now blind; that he was a. brave soldier and fought gallantly on many of the most bitterly contested battle-fields of the war, as is abundantly certified bv oflicers of his 

regiment; that the proper certificates of his field officers cannot be had, owing to the death of his colonel and major, and the only one who remains and could give 

any information has removed to a place unknown to the claimant. Our conclusion 

is, that be should have the relief as asked for by said bill, and therefore recommend 

its passage. · 

No objection was ma-de, and the bill wa.a laid aside, to be reported 

favorably to the House. 

MESSAGE FROM THE SENATE. 

Here the committeeinformally rose; and 1\Ir. WooDWORTH having 

taken the chair as Speaker pro ternpore, a message from the Senate was communicated by Mr. SYMPSO:N, one of its clerks, informing the 

House that the Senate had passed with amendments, in which the concurrence of the House was requested, the joint resolution (H. R. 

No. 52) directing the commissioners of the District of Columbia to 

pay the interest on the bonds issued in pursuance of the act of Congress approved June 20, 1874, ont of any funds in the United States 

Treasury subject to the requisition of said commissioners, and for 

other purposes. 

The Committee of the Whole resumed its session. 

JOHN T. BURCHELL. 

The next bill on the Private Calendar was the bill (H. R. No. 1595) for 

the relief of John T. Burchell, of Knoxville, Tennessee, for services 

rendered the Government in a small-pox hospitaL 

The bill was read. It authorizes and directs the Paymaster-General 

of the Army of the United States, out of any money in his hands for 

the payment of the .Army, to pay to John T. Burchell the sum of $13.J, the balance due him for services rendered at the small-pox hospital 

at Knoxville, Tennessee, from December 10,1863, to January 12, 1864. 

The report was read, as follows: 

It appears from the testimony in this casetbatclaimantwas, on or about the lOth day of December, 1863, in the employ of the Quartermaster's Department, United 
896 CONGRESSIONAL RECORD. FEBRUARY 4, 

States Army, at Knoxville, Tennessee, and, at the request of Dr. E. Goetz, United 

States Army he abandone<l his employment to takecbargeof a small-pox hospital, 

and rendered service therein for one month and two days. Claimant alleges that Dr. Jackson, medical director Twenty-third Army Corps, agreed to pay him at the rate of $150 per month; and it appears that the oDly compensation he received for 

the service was $25, paid him by Quartermaster Captain Lunt. The committee are of the opinion that the amount of 150 per month was not an unreasonable compensation for the character of the services rendered, and therefore report the a~companying bill, and recommend that it pass. 

No objection was made; and the bill was laid aside, to be reported 

favorably to tho House. 

RUTH ELLEN GREELAUD. 

The next bill on the Private Calendar was the bill granting a pension to Ruth Ellen Greelaud. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Ruth Ellen Greelaud, 

widow of John H. Greelaud, late a captain in the Army of the United 

States. 

The report was read, as follows : 

That the petitioner was married to the late Captain John H. Greelaud, November 

30, 1850. From June 2'J, 1843, when he graduated as a. military cadet, until the date 

of his death, on the 17th day of August, 1857, Captain Greelaud continued without 

intermission in the military service of his country. His death was occasioned by an attack of remittent fever, of a. congestive form, which was contracted while at his post a.t Fort Dulaney, Florida. No medical attendance was had for eight days, 

when his case was reported and he was removed to Fort Myers, and died on the 

twelfth day of the attack. Stationed at a fort among the swamps of Florida, with- out medical attendance, Captain Greelaud died of disease contracted in the service 

in the line of his duty, and it is the debt of his country to provide for his widow, 

whom be has thus left destitute. Your committee therefore report the accompany· ing bill and recommend its passage. 

No objection was made; and the bill was laid a-side, to be reported 

favorably to the House. 

WILLIAM D. COBAUGH. 

The next bill on the Private Calendar was the bill (H. R. No. 933) 

granting a pension to William D. Cobaugh. 

The bill was read. It authorizes and directs the Secretary of the· 

Interior to pla-ce on the pension-roll, subject to the provisions and 

limitations of the pension laws, th~ name of William D. Cobaugh, 

late a private of Company H, Third Pennsylvania Cavalry Volunteers. 

The report was read, as follows : 

That William D. Cobaugh was a private in Company A, in the Third Regiment 

of Pennsylvania Cavalry, in the war of 1861-'65; that, while in service in Uie line 

of his duty, he lost his left leg, which was amputated about fonr inches below the 

knee, and now receives therefor a pension, on certificate No. 3l895, at the rate of 

e18 per month. The pensioner was personally before your committee, and, from a careful inquiry and examination, your committee find the pensioner's limb, from 

the length of the stump and character of the amputation, as fully disqualifies and 

disables him as though his limb had been amputated at above' the knee. They 

would therefore report in favor of the following bill, as a substitute for said bill, so as to allow the pensioner a pension, from t1.1e passage of this act, of f24 per month, in lien of 1~ per month, and recommend its passage. 

No objection was made, and the bill was laid aside, to De reported 

favorably to the Honse. . 

WILLIA.M R. DUNCAN. 

The next bill on the Private Calendar was the bill (H. R. No. 1598) 

granting a pension to William R. Duncan. 

The bill wa-s read. It authorizes and directs the Secretary of the 

Interior to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of William R. Duncan, late a private in Co-Ulpany G, Third Regiment of Tennessee Infantry Volunteers, and pay him a pension from the 23d day of J nly, A. D. 1873, 

the date at which he was dropped from the pension-roll. 

The report was read, as follows : 

That William R. Duncan, the petitioner, together with his father and brothers, at the breaking out of the war, resided at the base of the Cumberland Mountain, on the 

principal pass across the mountains, and the one most frequented by Union people escapin~ from within the rebel mill tary lines. William R. 1Jnncan and his brothers engageu in guiding, and did guide, many hundreds of Umon refugees across the 

mou.ntains, and within the lines of the Union forces in Kentucky. For this they were betrayed by their rebel neighbors and captured b:y: rebel troops from Knox- ville. w·hile on their way to pnson at Knoxville, W1lliam R. Duncan and one brother escaped, while the other brother, Isaac -w. Duncan, being a cripple, was un- able to make his escape, and was imprisoned at Knoxville. William R. Duncan, at the advice of his father and neighbors, for t-he purpose of securing his brother's 

releasofromprison, went to Knoxville, and upon the condition of his brother's being 

released from prison and allowed to return home, did voluntarily enlist in the rebel 

service, without any intention of aiding or abetting the rebellion, but solely for the purpose of securing his brother's release, and With the intention of deserting as soon as his brother was safely out of their power. William K Duncan enlisted in 

the rebel service in acompan;ycomposed of Union prisoners taken from the prisons 

in Knoxville, under Captain Cain, on the 10t.h day of December, 1861, and made his &~cape from them on the 20th of December, and returned to the neighborhood of his 

home, where he was compelled to hide himself in the woods, where, after he had 

collected together a company of Union men, he crossed the mountains into Ken- tucky, and on the lOth day of Fobruary~,.l862, enlisted in the Third Regiment Ten- _ n~:~ssee Volunteer Infantrr,, from which ne was discharged on the 13th day of Feb- ruary b!65, by reason of ' expiration of term of service. " The petitioner was pen- sion~, commencin~e February 14, 1865, at the rate of 2, which was increased to$4, per month. December 14,1872, and was dropped from the pension-roll July23, 1873, on account of his own admission of voluntary enlistment in the rebel ariny. (See copy of order and letter of Commissioner attached.) The petitioner furnishes the most direct and positive testimony of his loyalty both before and during the war, as shown by the affidavits of the following persons: .Major-General Joseph Cooper says that be has known the petitioner for more than 

twelve years, and that of his own knowledge he knows him to have been a Union man fi.rst, last, and all the time, and that he never did aid or abet in the rebellion. 

Colonel Daughty, Lieutenant Black, Lieutenant Gamble, Third Tennessee Infantry, com..man.ding the company in which petitioner served, Lieutenant M. D. 

Wallace and Lieutenant Henry P. Farmer, of Ninth Tennessee Cavalry, all con· cur in statio~ that they have known the petitioner, William R. Duncan both before and durmg the war; that be was always a Union man, and t1at of their own knowledge they swear that be never diclip any way !lid or abet in the rebellion· 

this testimony in the strongest possible manner COIToboratin~ the petitioner'~ statement ancl the facts as shown in this report. The COIDIDittee believe that, 

while the action of the Commissioner in dropping the petitioner from the pensionroll was in accordance with the• strict letter of the law, it was not in accordance 

with the spirit or intention thereof. and that a more liberal construction in this case would have more nearly accomplished the ends which the pension laws are designed to effect. The committee therefore recommend the passage of the accom- panying bill. DEPARTMENT OF THE INTERIOR, PENSION OFFICE, 

Washington, D. 0., December 23,1873. 

DroP. frQJD. the pension list, roll of the Knoxville (Tennessee) agency, tho name of William R. Duncan, certificate No. 122306, on his own admission of voluntary 

enlistment in the rebel army. 

Finance Division. 

DEP .ABTlmNT OF THE INTERIOR, PENSION OFFICE, 

Washington, D. 0., December 23, 1873. 

Sm: In the matter of your suspended pension, No.l2"2306, yon are informed that 

section 23 of the act of March 3, 1873, provides that no person shall be entitled to the benefits of a pension who in any manner engaged in the rebellion; and you are further informed that inasmuch as 1t appears from your own admission that your en- listment was your own voluntary act, 'though prompted by the generous motive of 

obtaining the release from prison of a crippled brother, and with the intention on your part to desert from that service at your earliest opportunity, this Office can- not, i.p the administration of the l.aw, do otherwise than drop your name from t.he 

pension list in accordance with the provisions of the act herem referred to. The 

Office, however, in consideration of your subsequent long service in t.be Union 

Army, and also the faithfulness and clevotion of your family, as well as yourself, to the cause of the Government, as set forth in your several letters, takes the liberty 

of suggesting that relief, in the matt~r of a pension, might be had by application 

for special legislation of Congress. 

Very respectfully, 

Mr. W. R. DUNCAN, 

Wallace's Oross Roads, Anderson County, Tennessee. 

No objection wa-s made, and the bill was laid a-side, to be reported 

favorably to the House. · FRANCES C. ELLIOTT. 

The next bill on the Private Calendar was the bill (H. R. No. 1599) 

granting a pension to Frances C. Elliott. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pension roll, subject to the provisions and lim· 

itations of the pension laws, the name of Frances C. Elliott, widow 

of Commodore Jesse D. Elliott, late of the United States Navy, and 

pay her a pension of $50 per month from and after the passage of this 

act; and this pension to be in lieu of that which she is now receiving. 

The report was read, as follows : 

That the petitioner is the widow of the late Commodore Jesse D. Elliott, of the 

United States Navy, and was granted a pension, under the provisions of the ad of 

August 11, 1848, of 50 _P,er month, commencing on t-he lOth of December, 1850, and 

to" continue during w1dowhood." By section 13 of the act of July 27, 186a, con- struing section 3 of the a~t of July 23, 1866, her pension was reduced to $30, at which rate she has been paid since the 4th day of September, 1869. Mrs. Elliott is now eighty-three years old, blind, and in feeble health, and entirely dependent on her pension for support and maintenance. Her husband, Commodore Jesse D. Elliott, was a distinguished and meritorious officer in our Navy, who bore a gallant 

and conspicuous part in the battle on Lake Erie, and afterward, and up to tlie time 

of his death was much employed and trusted by his superiors. He died leaving 

his family in straitened circumstances, which have resulted in leaving his widow 

in her old age and decrepitude destitute. In consideration of these facts, which 

disclose a meritorious case, and of the further fact that in all probability Mrs. Elliott will not live long to enjoy the bounty of the Government, the committee re- port the bill herewith submi•ted as a substitute for the bill H. R. No. 414, and 

recommend its passage. 

No objection was made, and the bill was laid aside, to be reported 

favorably to the Honse. 

MARGARET E. WEST. . 

The next bill on the Private Calendar wa-s the bill (H. R. No. 1044) 

granting a pension to Margaret E. West. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Margaret E. West, widow 

of Robert M. West, late colonel of the Fifth Regiment of Pennsylvania Cavalry, and pay her a pension, for herself and ~r two children 

under sixteen years of age, from and after the passage of the act, at 

the rate of pensions for widows of deceased captains in the Army. 

The Committee on Invalid Pensions recommended the adoption of an amendment to strike out the word " captains," and insert in lieu 

thereof the word " colonels." 

The amendment was agreed to. 

The bill was then laid aside, to be reported to the House with the 

recommendation that it do pass. 

ELIZABETH B. DYER. 

The next bill on the I>rivate Calendar was the bill (H. R. No. 80) 

granting a. pension to Elizabeth B. Dyer, widow of Alexander B. Dyer, 

late a b~gadier-general and Chief of Ordnance, United States Army. The bill and report were read. · Mr. WIT...SON, of Iowa, objected . 

JANE A.. HABRIS. 

The next bill on the Private Calendar was the bill (H. R. No.1600) 

granting a pension to Jane A. Harris. 
1876. CONGRESSIONAL RECQRD. 897 

The bill was read. It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the 

pension laws, the name of Jane A. Harris, dependent mother of Edgar 

T. Harris, late a private in Company A, First West Virginia Inf::mtry 

Volunteers. 

The report was read, as follows: 

That the petitioner is the mother of Edgar T. HaiTis, a. private in Company A, 

First West Virginia. Volunteers, in th~ Umted States service; that said Edgar en- tered the said service September 25,1861, and was dischar~ed therefrom November 

26, 1864; that he was taken prisoner by the enemy at the oattle of Port Republic, June 9, 1862, and afterward paroled, and again entered the service for duty; that on March 15, 1864, while in the recruiting service, nea.r Peters burgh, he was wounded 

by the accidental discharge of a pistol, the ball entering his back, an~, ran¢ng 

downward, producing paralysis of the bowels and diseased condition of the kiu- neys. from the e:fl'ecta of which he died in the Gi>vernment hospital, at Hampton, 

Virginia., on November 6, 1873. On April28, 1865, he filed his application for pen· sion, under the statute in such case made and provided, but t.he application was re- j ected by the Commissioner of Pensions June 30, 18115. Congress, however, by 

special a'ct, approved Jnly 13, 1866, granted to him a pension at the rate of $15 per month, which was paid to him up to the time of his death, to wit, November6,1873. 

The petitioner, on - day of December, 1873, filed her application and petition for a pension, in consequence of the death of the said Ed~ar T., her only son, upon whom she was dependent for support~ her hn1>band ha~ died before the said 

Edgar had entered the Army, and during his infancy. Her petition is fully sus- tained by proof, but her claim was also rejected by the Commissioner of Pensions, 

January 29, 1875 for the reason, as it is aiieaed, that the wound was produced "by 

the acCidental discharge of a belt-pistol " whlle the said Harris " was engaged in 

wrestling." The evidence upon this point is somewhat conflicting; but it is directly proven by the statement of Thomaa M. Simpson, second lieutenant of the company aforesaid, that Harris was wounded "while in the service of the United 

States and while on duty." Congress, by special act, having pensioned the son, thereby acknowledging the obligation of the Gi>vernment, is concluded from denying the mother's claim, she having clearly shown her dependence on him for sup- port during his life-timo. Your committee therefore report the accompanying bill, and recommend its passage. 

There being no objection, the bill was laid aside, to be reported 

favorably to the House. OTIS B • .ll.TJ>ERSON. 1 

The next bill on the Private Calendar was the bill (H. R. No. 1601) 

granting a pension to Otis B. Anderson. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pe~ion-roll, subject to the provisions and 

limitations of the pension laws, the name of Otis B. Anderson, late a private of Company D, Seventeenth Regiment of West Virginia Volunteers. 

The report was read, as follows: 

That the claimant waa a private in the ·seventeenth Regiment of West Virginia 

Volunteers in t.he United States service during the late war, and that he contracted a disease of the eyes while in the service, which has since resnlted in total blind- ness. The claimant applied for a vension under the general pension laws, but his 

claim has been r ejected under section 4717 of the ReVl ed Statnte.s, five years havin)! expired since filing the same, and the record evidence not being considered 

sufficient to establish his claim. 

The claimant bad no medical treatment while in the service, excep'; by the assist- ant Rurgeon of the Third West Virginia Volunteers, who testified t.hat he treated 

him in the summer of 1865, while in the service, for a neura.lgic affection of the eyes contracted since his enlistment, and that he bas been his family physician since 

that time, and that his eyes gradually failed from the time of his discharge until some four or five years ago, when the sight became entirely lost, and he has been 

hopelessly blind ever since. 

The Adjutant-General does not seem to regard this evidence aa sufficient to "make a record,,; and therefore, the five years having expired, the claim cannot be allowed 

under the general pension laws. The evidence IB not considered technically sufficient by the Adjutant-General and Commissioner of Pensions to admit the claim, 

but your committee are satisfied that the evidence is abundant to authorize its 

allowance. 

The petitioner is very poor, and is wholly dependent on public and private charity for support. 

No objection being made, the bill was laid aside, to be reported 

favorably to the·House. 

EDWARD C. WHEELOCK. 

The next bill on the Private Calendar waa the bill (H. R. No. 104) 

granting a pension to Edward C. Wheelock. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to pla-ce on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Edward C. Wheelock, 

late a musician in the Third Regiment of Michigan Infantry Volunteers. 

The report wa-s read, as follows : 

ThJl,t on the lOth day of June, 1861, Edward C. WheeJock, then a citizen of the 

county of Alleo-an, State of Michigan, enlisted in the United States service, in Com- pany F, Third 'Regiment Michigan Volunteers, as a private, to serve three years or durm~ the war; that said Wheelock was at that time a healthy and sound man ; that, m the summer of 1863 the said Wheelock wa-s detached for duty in the third 

brigade of the third division of the third corps of tbe Army of the Potomac, 

which brigade wa-s then commanded by General De Trobriandi that at the battle 

of Gettysburgh, while in the line of his dutv, returning from the delivery of an order which lie had been sent to deliver to tlie One hundred and tenth Penhsylva.- nia Regiment by said General De Trobriand. his horse fell, throwing him violently upon tlie pommel of his saddle, severely bruising and injuring him in the perinamm 

and prostate gland, so that he was unable to move for some time; that he was troated by the acting brigade surgeon for about two weeks after receiving said injury, after which he sufficiently recovered from the immediate effects of his injury to return to his duty; but that he has never since that time been free from the 

troublesome and often painful effects of said injury. 

That said petitioner afterward, on the 23d day of December, re-enlisted in the 

United States service as a veteran, and was transferred to Company F, Fifth Mich· 

ig:m Volunteers, in which he continued to serve till the close of the war, and that 

he was mustered out July 5, 1865. 

That shortly after said Wheelock was mustered out of the service, the injuries received by him at Gettysburgh began to develop into painful and dangerous :lisea.se, and he was compefled to put himself under medical treatment. his perinreum 

IV-57 

became very much inflamed, the prostate gland enlarged, forming a hard tumor, 

and his bladder became acutely diseased, losing in a great measure its elasticity 

and contractility. This diseased condition continue to develop until the saia 

Wheelock has become entirely disabled from performing any manual labor, and 

is a terrible sufferer. That for the last four years, at penods recurring every two hours, said Wheelock ha-s suffered violent paroxysms of pain resulting from a cause necessarily attendant upon the disease of his bladder, and that his disease is 

pronounced by the examining surgeon incurable. 

There being no objection, the bill was laid aside, to be reported to 

the House favorably. MARGARET E. COGBURN. 

The next bill on the Private Calendar was the bill (H. R. No.1602) 

granting a. pension to Margaret E. Cogburn. . The bill was read. It authorizes and directs the Secretary o:io the 

Interior to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Margaret E. Cogburn, 

widow of Hiram J. Cogburn, late a private in Company F of the Second Regiment of Tennessee Volunteers, and pay her a pension at the 

rate of $8 per month, and 2 per month in addition thereto for each 

minor child of said Hiram J. and Margaret E. Cogburn until they 

arrive at the age of sixteen years, respectively. 

There being no objection, the bill was laid aside, to be reported to 

the House with the recommendation that it do pass. 

ANNIE E. FARLEY. 

The next bill on the Private Calendar was the bill (H. R. No. 318) 

granting a pension to Annie E. Farley. 

The bill was read. It authorizes and directs the Secretary of the 

Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Annie Farley, widow of Peter 

M. Farley, late a private in Company M, Eighth Regiment Pennsylvania Volunteer Cavalry, and pay her a pension from and after the 

passage of the act. 

The report wa-s read, as follows : 

The evidence shows that the petitioner's husb:md enlisted September 24, 1861, and was honorably dischalged the service September 23, 1864, and died on the 25th day of April, 1871. . The Mrs. Annie Farley claims on the ground that the cause of death was the re- sult of disease contracted while in the service and in the line of duty. 

The evidence submitted to show that this soldier was a sonnd and able-bodied man at the time of his enlistment is, in the opinion of the committee, sufficiently 

clear to establish that fact beyond a reasonable doubt. Dr. S. B. Blanchard states that. he was attending physicmn of this soldier from 1868 up to the time of said soldier's death, and that his death resulted from the e:fl'ecta of pleuro-pneumonia, con- tracted while in the service of the United States, and from which he had never en- tirely recovered. 

There being no objection, the bill was laid aside, to be reported to 

the House with the recommendation tlia.t it do pass. 

HEIRS OF JAMES B. ARMSTRONG. 

The next bill on the Private Calendar was the bill (H. R. No. 101) 

amendatory of the act entitled " An act for the relief of the heirs 

and next of kin of James B. Armstrong, deceased," approved March 

3, 1873. 

The bill was read. It authorizes and directs the Secretary of the 

Treasury to pay to Edward S. Armstrong, of Ralls County, .Missouri, 

the sum of 1,673.14, it being his aliquot share of the sum of $13,385.09, as one of the brothers and next of kin of the said James B. Armstrong, deceased, appropriated by the said act for the relief of the ·heirs and next of kin of said James B. Armstrong, deceased. 

Section 2 repeals the provision of said act requiring satisfactory 

proof to be made to the Secretary of the Treasury that said heirs at 

law and next of kin, or such thereof as shall demand their aliquot 

shares under and by virtue of said act, remained loyal adherents to 

the cause and Government of the United States during the war of 

the rebellion. 

Mr. WILSON, of Iowa. I object. 

Mr. FORT. I hope there will be no objection to that bill. 

Mr. WILSON, of Iowa. This is a bill the first bill of the kind; let 

it come np on some day when we can discuss it. 

WILLIAM H. NESSLE. 

The next bill on the Private Calendar was the bill (H. R. No. 37) 

for the relief of William H. Nessle. 

The bill was read. It authorizes and directs the Secretary of the 

Treasury to pay to William H. Nessie the sum of 1,500, out of any 

money in the Treasury not otherwise appropriated, in full satisfaction for services performed by him at the request of the AttorneyGeneral in au investigation of expenditures of the marshal's office in 

the western district of Arkansas, pursuant to a resolution of the Honse 

of Representatives adopted June 9, 1874. 

The Committee on In valid Pensions reported the bill with an amend- ment~to strike out in line 5 the words "one thousand;" so that it will 

read, 'the sum of $500." · Mr. WILSON, of Iowa, objected. 

ALEXANDER ST. BERNARD. 

Mr. MORRISON. I wish to withdraw my objection to the bill (H. 

R. No. 556) granting a pension to Alexander St. Bernard. 

The bill was again read. 

Mr. KASSON. I should be glad to have the gentleman state whether 

this was an enlisted man. The CHAIRMAN. The subject is not open to debate. . Mr. CONGER. He was a warrant officer in the Navy, a pilot. 

• 
898 CONGRESSIONAL RECORD. FEBRUARY 4, 

Mr. KASSON. I thought the bill inaugurated a new principle of 

granting pensions. If it does not, I will not object. 

Mr. RUSK. It does not. 

Mr. WILSON, of Iowa. Let it go over until next Friday. 

Mr. CONGER. This old man may not live a year longer. 

The CHAIRMAN. The question is not open to debate. 

Mr. WILSON, of Iowa. I withdraw the objection. · The CHAIRMAN. Is there any fur~her objection to the bill being 

laid a2ide f 

No objection was made, and the bill was laid aside, with a favorable recommendation. 

Mr. BRIGHT. I move that the committee do now rise. 

The motion wa.s agreed to. 

The committee accordingly rose i and the Speaker having resume.d 

the chair, Mr. HOLMAN reported that the committee had had under 

consideration the Private Calendar, and had instructed him to report 

sm1dry bills to the House, some with and some wiihout amendments, 

and with the recommendation that they do pa.ss. 

PRIVATE BILLS PASSED. 

The following bills reported from the Committee of the Whole on the Private Calendar were ordered to be engrossed and read a third 

time ; and being engrossed, were severally read the third time and 

passed without amendment, namely: 

A bill (H; R. No. 556) granting a pension to Alexander St. Bernard; 

A bill (H. R. No. 231) for the relief of Robert Erwin; · A bill (H. R. No. 247) for the relief of James M. Coffinbetry; 

A bill (H. R. No. 1347) granting a pension to Hattie D. McKean; 

A bill (H. R. No. 31) granting -a pension to Patrick Glackin; 

A bill (H. R. No. 995) granting a pension to G. W. La Pointe; 

A bill (H. R . No. 43) granting a pension to Elizabeth A. Neibling; 

A bill {H. R.No. 83)forthe reliefofJamesA. Hile,ofLewisCounty; 

Missouri; . A bill_(H. R. No. 1595) for the relief of John L Burchell, of Knoxville, Tenne see, for services rendered the Government in a small-pox 

ho pital; 

A bill (H. R. No. 1596) granting a pension to Ruth Ellen Greeland; 

and 

A bill (H. R. No. 933) granting a pension to William D. Cobaugh. 

WILLIAM R. DUNCAN. 

The next bill reported from the Committee of the Whole on the Private Calendarwa.s·the bill (H. R. No. 1598) granting a pension to William R. Duncan. 

Mr. CABELL. I want to ask, Mr. Speaker, a question in reference 

to that bill. It appears from the report ma-de by the committee that 

this man has been a soldier in the confederate army; that he voluntarily entered the service in the confederate army, and was after- ward a soldier in the Union Army. Now, if it is proposed to pay 

pensions to confederate soldiers, I want to see them paid to good 

ones, and not to such as he has shown himself to be. 

Mr. RAINEY. I had the honor to report thiS bill to the House. 

The case of Mr. Duncan is eimply this : He was an inhabitant of the 

State of Tennessee, living near the Cumberland Mountains. He was 

in the habit of guiding Union men across the mountains, for which 

his neighbors made certain reports against him. He and his two 

brothers were arrested to be taken to Knoxville, Tennes...~e, and while· on their way he and one of his brothers made their escape; but a crippled brother was taken there and put in prison. His father, an aged ma.n, was very much concerned about his crippled son and importuned one of the other brothers to go to Kno~ville and see if be 

could procure the relea.se of this crippled brother. William R. Dun- ca-J;l went to Knoxville and sought to procure the relea.se of his brother. 

The condition upon which the brother would be released was that he 

himself should enlist in the confederate service. He did enlist, and 

at the expiration of ten days' time he macle his escape. He returned 

to the Cumberland region, and raising a company of twenty-five men crossed the mountains, went into Kentucky and joined the Federal 

forces, and continued in service to the expiration of the war. While 

in service he contracted chronic diarrhea, as his physician says. 

Now, inasmuch as this man entered the confederate service for the 

purpose of procurinl> the release of his crippled brother, and did so at the instance of h1s aged father, who as the testimony proves wa.s a. Union man as was this man, the committee instructed me to make a favorable report in the case. Mr. PRATT. I did not fully understand the gentleman to state the cause of the man's arrest. Why was he arrested T 

Mr. RAINEY. He was arrested because he was reported as having 

acted as a guide, which he admits was the case, to Union men escaping 

across the Cumberland Mountains into Kentucky. He himself was a Union man and was arrested for his Union sentiments. • Mr. PRATT. Does the gentleman say that there was proof before the 

committee that be enlisted in the confederate service only to obtain 

the release of his brot.her t 

Mr. RAINEY. Tho.t proof is clear and beyond doubt. 

:Mr. DOUGLAS. Before the gentleman takes his seat I would like 

to inquire if he proposes to pension this man because he served in the 

confooerate army or because he deserted from it f 

Mr. RAINEY. We propose to reward him with a pension for his 

services in the Union Army. I have not.hing to do with his service;9 

in the confederate army. This pension is proposed to be given because 

of the service he rendered the Union cause. 1\Ir. MORRISON. Do I understand the gentleman to say that this man made an engagement to serve in the confederate army for the 

purpose of securing the release of his brother and then broke that 

engagement t 

Mr. RAI.l~Y. He said 'that the condition upon which his brother 

would be released was that he himself should remain and, with cet·-

tain Union prisoners, should enlist in the confederate service. He 

enlisted and then made his escape ten days after. 

Mr. MORRISON. He entered the service to secure the relea.se of 

his brother. 

Mr. RAINEY. Yes. 

Mr. MORRISON. And having secured that he broke his pledget 

Mr. THORNBURGH. A pledge much better broken than kept. 

Mr. MORRISON. A man who will break a pledge is a scoundrel 

anyway. 

Mr. WILSON, of Iowa. Lord Ma·canlay says that it ruay be right 

to pay money or perform a service to prevent a wrong, and as an illustration gives this example: A Salee robber threatens to bastimu:lo a Christian to death unless he is paid a sum of money. It would, perhn.ps, be wrong to pay him any money to prevent him from doing 

what is wrong, but it is better to pay some money than have the man bastinadoed to death. I think the rule would apply in this case. Mr. THORNBURGH. All the circumstances of the case have not 

been detailed by any of the gentlemen who have spoken, as I understand it, and I introduced the original bill. Gentlemen now can have no real idea of the fearful and terrible condition in which the loyal men of East Tennessee were placed in 1861 and 1862. This youn"' 

man, then almost a boy, had this alternative presented to him, and 

he was nrgecl by his aged father to accept it: eit.her to leav-e his ·crippled brother in the hands of the enemy or to enlist in a company 

of Union soldiers in the confederate army, a company made up from 

Union prisoners. He preferred the a-lternative to enlist and then attempt to make his escape, and I, for one, have no desire to avoid t.hat 

fact. At the earnest solicitation of his father, rather than leave his 

crippled brother in the hands of the enemy, to be sent South and possibly, as wa.s the case in many other inltances, to die in prison, this man enlisted with the distinct intention, as is proved throughout the 

whole case, of leaving the confederate servica the moment he had an opportunity to do it. . I will say to the gentleman from illinois [:Mr. MORRISON] \hat there was no proof that this man was ever mustered into the confederate 

service. 

:Mr. MORRISON. I made no such allegation ; but the gentleman 

from South Carolina [Mr. RATh~Y] so state~. 

Mr. RAINEY. I said he had enlisted. That mayimplytmustering in. 

Mr. KASSON. The gentleman from .illinois, [Mr. MORRISON,] the 

chairman of the Committee of Ways and Means, puts this issue in 

such a shape that I think it a little important that the House shonlll 

understand it. To a Union soldier whose record in the Union Avmy 

is good, and whose disability was incurred in that service, the gentle- man proposes to refuse a pension because he deserted from a previous 

enlistment in tho confederate army. I think I do not misstate the 

gentleman's position, for he said distinctly that a man who deserted 

from the confederate army after having enlisted under the circumstances named is "a scoundrel" and ought not to have a pension. I 

do not wish to misstate the gentleman's position; that is the way I 

Un.derstood him." 

1\Ir. MORRISON. I do not propose that the gentleman from Iowa 

[Mr. KAssoN] shall state a case for me. I will state my own case. Mr. KASSON. I have not yielded the floor yet. · The gentlema.n 

has stated the case in the way in which I have quoted it. 

Mr. MORRISON. No, sir; I have not. 

Mr. KASSON. The REcoRD of to-morrow morning, if not corrected, 

will show that the position taken by the gentleman was this: That 

this man, having secured the release of his brother from a rebel prison 

by his own temporary enlistment, and then having failed to continue 

in the confederate army, having deserted, was a scoundrel-! think 

those were the words the gentleman used-and not entitled to anything. 

Now, Mr. Speaker, I wish to say that on this point I for one take 

distinct issue with the gentleman. This man is shown by this report 

to have incurred disability in the Union service, to have presented 

such proof of it that the Commissioner of Pensions granteu him a pension, but afterward suspended that pension, (as he was anthori zed by 

law to do) because the fact came to light that the man had been 

temporarily in the confederate service. That is the case. This bill 

simply provides that the pension shall be restored notwithstanding 

the fact of his having been in the confederate service. Why 7 Because 

the man entered that service not to serve the confederacy but to ac- complish a result lawful in war, and because the fact of his service 

onder such circumstances ought not to stand -as a bar against his 

pension. 

Why, sir, have we not read, almost with tears in our eyes, inRtances of men's wives or sisters entering prisons and surreptitiously 

substituting themselves for their husbands or brothers to secure their 

escape from the enemyT And are we to be told now becau ~a Union 

ruan, one who afterward became a Union soldier, got his brothre 011t 

of prison by playing a ruse upon the enemy that it is a violation of 
187G. CONGRESSIONAL RECORD. 899 

the laws of war and dishonors the man who diu it' Sir, I protest 

ngaiust the doctrine. If the evidence is not satiAfactory that this man enlisted for the pnrpo e named, then let another result be ar- l'h'ed at; but if it is satisfactory, as the comnuttee report, then I submit this man ought not to forfeit his pension. 

Mr. l\IORRI ON. I repeat that I do not aTiow the gentleman from 

Iowa [Mr. K.A.s o~] to state a case for me, and one upon assumption 

wholly. He does not know the time when I voted against pensioning a Union soldier. 

I asked the gentleman from South Carolina [Mr. RAINEY] whether 

I under tood him corr ctly as saying tlu1t this man had entered the 

confederate service for the purpose of securing the release of hi 

brother, a.ud haYing secured that release broke faith, violated his 

pledge, oath, and obligation. I uuderstoou the gentleman to answer "yes." I knew nothing of the record of this man; nothing was said 

about it; anu I said then, as I say now, that the man who enters into 

such an engagement with the intention or purpo e of breaking it to secure the releas of a prisoner, is not in my opinion such a man a ought to be pensioned, especially for that rea on-because he breaks 

faith, and becau e he enters into this arrangement with the purpose 

of breaking it. If this man ha a sufficient record to ju tify his re- ceiving a pension for services thereafter rendered and di abiliti incurred in such service, I have no objection to urge against his being 

pensioned. 

1tlr. THORNBURGII. lle ha complied with the pension law and 

ha already been pensioned, but the pen ion has been su pended. 

Mr. TOWNSEND, of New York. Mr. Speaker, I hope we shall not 

th·ift away from the general principles which a1·e governing the action 

of this House and which governed the action of the last Hou e. I 

understand the last House a.greed, and I believe the proposition ha 

been unanimously agreed to by the Pension Committee in this Hou e, 

that service in the confeuerate army should not deprive a man of a pension to which he would otherwi:o be entitled. The Committee on Revolutionary Pensions and \Var o.f 1 12 have reported unanimously the same thing, and I hope we a.re going to pass it. I trust, 

too, that we shall try to be as good-natured as we can. Now it has be n said joco eiy about the Hou e that we are going so far into amne ty that pretty soon some of us would have to introcluce a bill to remove the clisabilities of a.ny man that served in the 

Uuion Army I The remark was only made jocosely. I hope it will 

not be turned into a reality; for if so, th n any member of this House 

who has serveu in the Union Army, when his history is to be published, will have to suppress the fact that he did serve in that Army. 

[Langhter.l 

1\lr. MORR.I ON. Has the gentleman any reference to me when he 

talks auout suppr ssing the record t 

1\lr. TOWNSEND, of New York. My proposition was entirely general. 

1\lr. MORRISON. I did not hear the gentleman. 

Mr. TOWNSEND, of New York. The gentleman desires to know 

what I said. I aid this--

1\lr. MORRISON. I ask the gentleman whether he had any refer- ence to met 

Mr. TOWNSEND, of Now York. I will tell-the gentleman what I 

ili•l ay. I had not any reference to anybody. [Laughter.] 

Mr. MORRISON. Then that is all there is about it. 

lli. TOWN END, of New York. I diu not mean tllat; I meant to 

ay what will be the effect, aJ}.d if it hau any reference to the gentle- man from illinois he will know; I do not undertake to say. [Laughter.] I aid if we should refuse a pension to this man because he 

erved in the Union Army i.t would come to be the case when we came to publish onr history we would have to suppress the fact that anybody had erved in the Union Army. [Laughter.] 

Mr. MORRISON. The gentleman evades and quibbles, and I have no further reply to make to him. 

As the case is stated by the gentleman from Iowa [Mr. KA.sso~] 

and the gentleman from Virginia [Mr. CABELL] in reference to the 

record of this man, I have no sort of objection to his being pensioned. 

The re von e I made to the gentleman from South Carolina [1\lr. 

RAINEY] in reference to this ca e was upon the statement from him as I understood it. 

Mr. DE BOLT. I know nothing about the record of this man only as it has b en stated by gentlemen heretofore. My position in regard 

to pensions I will briefly state. It is this: No matter if this man had 

been in the confederate service, no matter auout his desertion of that 

service, if he entered the service of the Uniteu States and. in that serv- ice contracted disease whereby he wa disabled and is suffering to-day, or was wounded, he i thereby entitled to a pension, notwithstanding 

his former service in the confederate army. That does not enter into 

thi case. Tho only question I think for that committee and for this 

Hou 13 to decide is whether or not he r ceived his disabilit:v in the 

ervice of the United States, and if he did, I say be is entitled to a pension and ought to have it. I hope the House will give it to him 

by pa in~ this bill. 

Mr. HOLMAN. It seems to be very apparent, Mr. peakcr, from 

the explanations made, that this soldier was pensioned on account 

of di ability incurred in the service of the United States after this 

desertion. That seems very clear, and tho conunittee have put tho case upon the ground, Ullder the circumstances, that he is entitled to 

pen iou. An(] he certainly is. I call for the previous question. 

The previous question was seconded, and the main question ortl':}rc1l; 

and under the operation thereof the bill wns ordereu to bo cnl-{ro sed 

and read a thiru time; and being engro cd, it was accordingly road 

the third time. 

Mr. HOLMAN. I yield to the gentleman from Virginia, who desires for a moment to make au explanation. 

1\fr. CADELL. 1\lr. Speaker1 I simply wish to say in explanation 

that I had no idea of interpo mg any objection to the pensioning of 

any good Union soldier. I will be as ready as any gentleman on this or the other side of the Rouse in proper ca e to vote for bills pensioning men true to the country and who served it, although I was oppo ed to them in the late war. But it was stated in the report 

from the committee that thls man had been dropped from the rolls. 

In addition, it was stated that he had been in the confederate army 

and had sworn as such. It was a serious question, therefore, whether or not a man of that character ought to be pensioned by this Government. It was no matter by whom he was dropped; he was droppeu 

from the rolls, and there must have been, I think, some good reason for it. I deemed that a sufficient cause of oujection, o as to bring 

the rna tter again before the House and let them determine whether or not this man waa a fit subject to receive a pension. He had absolutely been dropped from the rolls by the Commis ioner of Pensions 

after he had been put upon them as a pensioner. 

The bill was passed. 

PRIVATE BILLS PASSED. 

The following bills were separately ordered to be engrossed and 

read a third time; and being engrossed, they were accordingly rea<l 

the third time an a pa ed: 

A bill (H. R. No. 1600) granting a pension to Jaue A. Harris; 

A bill (H. R. No. 1601) granting a pension to Otis B. Anderson; 

A. bill (H. R. No. 154) granting a pension to Edward. C. Wheelock; 

A. bill (H. R. No. 1602) granting a pension to Margaret E. Coer bum,· and o 

A. bill (H. R. No. 31 ) granting a pension to Annie Farley. 

The bill (II. R. No. 1599) granting a pension to France C. Elliott. 

The following bills were reported from the Committee of the Whole 

with ameutlmeuts, and with the recommendation that, as amenued, 

the bills do pass: 

A. bill (H. R. No. 193) for the relief of Ezra B. Barrett · A bill (ll. R. No. 215) granting a pension to John G. Parr, of Kit- · tanning, l'enllsylvania; and 

A bill (H. R. No. 1044) granting a pension to Margaret E~Vest. The amendments were severally agreed to; and the bills, as amended, were ordered to be engro ed and read a third time; and being en- gro ed, they were accordingly read the third time, and pa cd. 

Mr. HO KINS moveu to reconsider the various votes by which bills 

reported from the Committee of the Whole on the Private Calendar 

had been passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ADJOURNMENT OVER. 

Mr. MORRISON. I ask unanimous conRent that to-morrow's ses sion he for debate only in Committee of t.he Whole on t.ho President's me age, no busines whatever to be transacted. 

1\lr. MAcDOUGALL. I object. 

Mr. MORRISON. Then I moye that when the House adjourns today it be to meet on Monday next. 

Tho motion was agreed to. 

l\fr. THORNBURUII. I move that the House do now adjourn. 

ME SAGE FROM TilE PRESIDENT. 

The SPEAKER. The Chair, uoforo putting the motion to adjourn, 

will lay before tho House a mes age fTorn tho J>resiuenti of the United 

States, transmitting, in response to a House re!lolntion of theGth ultimo, a communication from tho Conunissioner of In <linn Affairs respecting 

certain Indian agents. 

Them ·!Sage aliCl accompanying comnmnieation were referred to the 

Committee on Indian Affair , and orderecl to uc printed. 

LEAVE OF AllSENCE. 

By unanimous consent, leave of absence was granted to 1\lr. CHAPIN 

indefinitely on account of important bnsine s. 

MELVILLE W. IIUDSON. 

. On motio.n of Mr. WOODWORTH, uy unanimous consent, leave was gwen to w1th<lraw from the files of the House the papers in the case of Melville W. llndson. DI TRIC'f 3. 05 BOND • 

M.r. BUCKNER. I ask that, by unanimous consent, the joint reso- lution (H. R No. 52) •lirccting the commissioners of the District of 

Columbia to pn.y the interest on the bouu' i . ned in pursuance of the 

act of Con~rcss approved June 20, 1874, out of any fnnds in the 

United State Tr usury subject to the requisition of said commissioners, and for other purposes, with amendments by the Senate, be taken 

from the Spoaker'K table and refened to t.he Committee on the District of Colnmbia. 

Mr. HOLMAN. I ask that the amendments of the Senate may bo 

reported to the Houso. 
900 CONGRESSIONAL RECORD. FEBRUAH.Y 4, 

The Clerk read a. follows : 

Sb:ike out :i.llafter lino 12 to the en•l of tho resolution, an1l insert the following: 

That any fw'ther iNsue of 3.65 l>onili! undor or I.Jy ·virtuo of said act of Con~a 

approved Juno ~o. 1874, is hereby proltibiwd: A ntl provided, That the Ct>rtiflcatQS 

hortltofore issued by tho uoanl of audit, inclmlinJ:r tho e converted into 3.05 p r oont. bonds. anll thollc which bavo not been so converted, and the cortitlca.tea her ftor to bo i~sueU. uy tho board of audit, or their succes ora 1n otlice, shnll not exceed in 

the a!rgregnte tho sum of 815,000,000. 

Add the following ection : 

F.c. 2. That ther ball be no increase of the pre ent amount of the total indebt. 

cdne:>s of the District of Columbia; and any officer or p rsm1 who hall knowingly 

increase or aid or abet in increa ing ncb total indebt <\ness shall be doomed guilty 

of a hiah mistlemeanor, lllltl, on conviction thm·eof, shall beRuni!ihed by imprison- m ·nt not exceeding ten y ars, an<l by fine not exc eding e 0,000: Provided, That 

tho bo~ud of audit, cr a.ti d by tlJ act for tho f!OVernmcnt of the District of Co- lumbia. approved June 20, 1874, is hereby ai.Jolishetl, an<l shall, imroetliately upon the apvt·oval of this resolution, trantlmit all tho books aml property in their posge.s. sion belonging to tlJe Di~:~trict to tho commiSt~ioners of tho District of Columbia., and 

make o. report ol their proc edings not hitbL•rto made: And provided further, That 

this r solution shall not in any way or mann r r cof,tllizethe liability of tho United 

State to pay eith t• the pl'iucipal or inter t of auy of such bonds as may ha.vs 

been issued on or since thtl 27th dav of January, 1876. 

There being no ol>jection, thojointr . lotion ith the (mate amendment were referred to the Committee for the District of Columbia. 

Mr. HOLMAN moved to reconsider the vote by which the resolution and amendments were referred; and also moved that the motion 

to recon ider be laid on the table. 

The latter motion wa agr d to. 

STEAltiERS PlllLO PARSONS A..~D ISLAND QUEEN. 

Mr. CONGER, by unanimona con. nt, introcluced a bi.ll (H. R. No. 

1 12) relative to the stearuers Philo Pur ons ani! Island Queen; which was read a first and s cond time, referred to the Committee on War 

Claims, and ordered to be printed. 

CHINESE IMMIGRATION. 

Mr. PIPER by unanimous consent, pr • ente<l a concurrent re o- lution of the Legi latnro of the tato of Califo1·nia, in relation to Chi- ne immigration ; which was referred to tho Committee on Foreign 

Affairs. 

Mr. PIPER. I a k unanimous consent that the resolution be also 

printed in the RECORD. 

There was no objection; and it was so ordered. 

The resolution is a follows : 

Senateconcurrentr olutionNo. 7, a~:~ king a modiflcationofourtrcatywithChina.: 

Whl'rea.A8tis the duty of tb General Government to promote the welfare of it citi- zen by the eru1ctmentofwise ln.wsnn!l to ad van co their material interests by treaties 

of fricn<lsbip and CODUD€'rC itb furoign nation by concetling to their subJects uch 

rights as thoy allow our citiz •ns to enjoy in their t rritoril! i and whereas ourp - cnttrcaty·with Chin wautstobersui.Jjectsprivilcge forwluch in return we receive no corresponding advnntng , but which bring to our shores large numbers of h<~r 

pooplo, many of whom como nmong Wi to JlUI'l:!UO nn immoral vocation which has 

mad• c rtain quartt.•rs of our town. aml cibes localitica whor human degradation 

is <' ·n in it must.n.bhorrcntform ; nml whertmS th l..'l.boring element that is bronght among us from Chi1w. by organiz u companies of capilalil!ts is not of a de lrabl char- actor as ·residents, becau e, m\ing to tbulow standaru of livin~ on which it can subAist, it deprive. om- own working people of employment iu tndustri s which th y 

ha.vulearncdonlybya.longn.pprl'ntmc hlp; andwbm· nspaup rwagcsforourworking-chtR. , who h:wowives and chiltlron dcpenrling on th<•m for support. rc ult from 

th maintenanc of th t:rt;:~.ly with China, whiclJ laTJ! ly contril>utc!i to fill our JIOorhonl!l' nndbospital ith llllwilliu~iumatcl! a U10 ouly sh"Jtcrthe~ ca.n ohtainfrom 

1•ovcrty and sickne cnuse1l by lo~:~:>of w01·k; anu wlu•t as it isagam~:~t public policy 

that tmdcr any pretext what v r en ouragcment should b g'iven, by treaty stipulations or otherwi , to the immigration <Jf a. servil labodng elemtmt among u . Ther fore, Be it ruulved by the cnate, the o.ssemblyconcurriny, That our Senators beinstructo<l 

nn1l oi:tr Repre ntali\"l' n•quo. ted to use their intlnence to have articlell 5 and G of our troaty with China mouillt;u o us to di courng~ til furth r irumi~tlon of Ghi- ne.se to our shore. by appropri te action on th part of th :Federal Government. 

Ruolved, 1.'ha t his excolloncy tho govet'Dor be requested to forward a copy of the 

forej!oing preamble lllld rel!Olution to our Senators and IWpr scntative in Congress o.t as arly a day a pos&IJle. B. F. TUTTLE, 

' President of the Senate. 

G. J. CARPENTER, 

Speaker of the As embly. 

18~:.na~ concurrent resolution number seven (7.) Pn.ss d the enate Jnnnn.ry 10, 

ELLISON L. CRAWFORD, .A~r · tant &cretary of the Scnats. Pas ed the as embly Jnnnn.ry 20, 1876. 

ROBERT FERRAL, O~rk of the Assembly. 

This resolution was rooeived by tho governor this 24th uay of January, 1876. 

[SEAL.) E. W. M.A. LIN, PrivatB Secretary of the Governor. 

PENSIONS. 

:Mr. PIPER also, by unanimous consent, pre ented a concnn-cnt re olntion of the LegiMlature of the State of California, in r ln.tion to 

pensions; which wa. r ferred to the Committee on Invalid Pension~. 

IIARRIET LEONARD. 

Mr. MITH, of Pennsylvania, by unanimoua con ent, introcluccd a bill (H. R. No.1 13) gru.utiug a pension to Harriet Leonard; which was read a first and seconcl time, refen-ed to the Committee on Invalid Pen ions, and order d to be printed. 

AMUEL llEAFFER. 

Mr. MITH, of P nu ylva.nia, al o introduc d a bill (H. R. No.1814) 

granting a pem1ion to 'amuel 'hea.tl'er; which was rea.d a first and 

second time, r f rr d to the Committe on Invalid Pensions, and or- dered to be printed. 

EASTERN BAND OF CHEROKEE INDIANS. 

Mr. VANCE, of North Carolina, by unanimoW! con.sout, introduced a joint resolution (II. R. No. 59) authorizing tho ecretary of the Interior to pay to the eastern band of Cherokoo Indians '2,500 out of 

fnnus heretofore appropriated; which wa read a first and second 

time, refen-ed to the Committee on Inuian A.ffairs, and orderod to be 

printed. TAXES WRONGFULLY ASSE ED. 

Mr. TUCKER, by unanimous consent, introduced n. bill (H. R. No. 

1815) for the relief of certain citizens of Lynchburgh, Virginja, against 

whom internal-revenue taxes have be n wrongfu_Uy as essed and collected; which was read a first nnd second time, referred to the Committee of Cla.ims, and orclered to be printed. 

SECTION l 218 REVISED STATUTES. 

Mr. TUCKER also, by unanimous con ent, introduced a bill (H. R. 

No. 1 Hi) to rep al ection 1218 of the Revi cd tatutes of the United 

tates; which wa read a fir t and ~cconu time, referred to the Committee on Military Affair , and ordered to be printed. 

The motion of Mr. TrroRNBURGII was then agr d to. 

.And accordingly (at four o'clock and fifteen minutes p.m.) the Hou e adjourned until Monday next. · 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were presonterl at tho Clerk' desk under the rule, and r £erred as stated: 

lly Mr. UELL: Tho petitions of citizen of Nashua., of Peterborough, 

and of Mancheste1·, Now IIampshiro, for tho rep al of the stamp-tax on safety matches, to tho Committee of Ways and Means. 

By :Mr. DLA.IR: The petition of 30 divi~ions of the Son of Temperance of New Hampshir , sif,rued by the officers thereof, for a com- mi ion of inquiry concerning tho alcoholic liquor traffic, to the samo committee. 

By 1\fr. BROWN, of Kan as : Papers relating to the petition of 

William 0. Redden, for pay and emolnments of colonel in the Third 

Delaware Infantry from January 1, 18G2, to May 15, 18G2, and for 

money expended in recruiting, ~urolling, aml subsisting soliliers of 

said regiment, to the Committee ou \Var Claims. 

By Mr. CAULFIELD: Tho petition of L. V. Dovilliers, to be placed 

upon the rolls of tho United tates Na.vy as professor of mathematics 

in tho Navy, to tho Committee on Naval Aftitirs. 

lly l\1r. FULLER: Pa.p rs relating to the claim of Annie Wa.llingforu, to the Committee on \Va.r Claims. 

Al o, the petition of Jonathan Beasley, for a. pension, to the Committee on Invalid Pension . Dy Mr. IIAMILTON, of Indiana: The petition of citizen of Deca.-

ttu·, Indiana., for the rep al of the HLamp-tax on safety matches, to the 

Committee of Ways and Means. 

Also, the petition of Dr. D. M. Allen, for compensation for damages 

rcMulting from his arr t on the 1Gth dny of Octob r, 1862, and for 

fnrth r r lief, to the Committee on \Var Claims. 

Uy Mr. HOPKIN : Tho petition of officer and ailors of the rn.m fie< t that erved on tho Mi i ·sippi River, for a proper allowance of 

prize-money alleged to be due them on account of v els captur l 

at Memphi , Tenne , to the Committ eon ·\Var Claims. 

AI o, the petition of Thowas A. Scott, Dun \Vel> ter, and others, for 

aid to b extended a sonthorn line of railroad to the Pacific, to the 

Committee on the Pacific Railroad. 

A1 o, the pe1 ition of John . McMillen, for pay for cotton taken from 

him by United Stat s authoritie , to the ~ommitte on War Claims. 

By Mr. JONE , of Kentucky: The petition of J. Q. Ward, execu- tor of M.S. Broauwell, for pay for two horses nncl equipment lo t 

while in tile service of the United ta.tes, to the same committee. · By Mr. KETCIIU:M: The petition of citizens of chickshinnyandof 

Wilke barre, P nnsylvania, for tho rep al of the stamp-tax on safety 

matche , to the Committ of Way an<l Moan . By Mr. KNOTT: Tile petition of citizens of Dreokinridge County, 

Kentucky, forapo t-routefrom .M <lvill to teph nsport, Kentucky, 

to the Commit teo on the Po t Office and Post Roads. 

By Mr. McFARLAND: Tlw p tition of Johu Boytl, for a pension, 

to the Committe on Invalid P nsions. . By Mr. MONROE: The petition of William Gamble, Jame Car- m au, and othet· citiz ns of Ko nth, Ohio, for n. commission of inquiry concerning tho alcoholic liquor traffic, to the Committee on tho J~ciM~ . lly Mr. MORRI 0 : The petition of citiz ns of illinois, for the re- peal of tbe check- tamp tax, to tb Committ of Way and lean . By Mr. PACKER: The p tition of citiz ns of bamukin, P nuMylvaniu, for the repeal of th tamp-tax on afety match , to the ame corumitt e. By Mr. PAR, ONS: The petition of Robert L. Goodall, for a ponRion, to tho Committe on Invalid l)ension . By Mr. PIERCE: Th 1) tition of John D. Rnnkle and others, a committe of tho ociety of Art in th M. achus tt In titute of 

T chnology, for the appointment of a commis ion of inquiry concern- ing the metric sy tem of weights and measures, to the Committee on Coinage, Weights, and Mea or s. Dy Mr. JAME B. REILLY: The petition of Luci n Loeser, to b(\ 

relieved from liability to tho United Stat son account of lo s of Gov-
1876. CONGRESSIONAL RECORD. • 901 

ernment property by the wrecking of the steamer San Francisco in 

December, 1653, to the Committee on the Judiciary. 

By Mr. ROSS, of New Jersey: The petition of Grange No. 1, Patrons of Husbandry of New Brunswick, New Jersey, for an amendment of the postal laws relating to third-class mail matter, to tJ:Ie 

Committee on the Post-Office and Post-Roads. . By Mr. TERRY: A paper relating to a post-route from New Castle 

to the forks of John's Creek, in Craig County, Virginia, to the same 

committee. 

By Mr. WARREN: The petition of Mary Sullivan, for a pension, 

to the Committee on Invalid Pensions. 

By Mr. A. S. WIL~IAMS: Twelve peti~ons of citizens ?f J:?etroit, 

Michigan, for authonty to construct a bndg~ across Detrmt R1 ver, to 

the Committee on Commerce. 

By Mr. WILLIS: The petition of A. Sheldon & Co. and 500 other 

merchants and business men of Detroit, Michigan, for the repeal of 

the bankrupt law, to the Committee on the Judiciary. 

By Mr. WOODWORTH: The. petition of Jonah 'Yoodward, th~t 

his name be restored to the pensiOn-rolls, to the Committee on Invalid 

Pensions. 

IN SENATE. 

MONDAY, February 7, 1876. 

Pmyer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

The J omnal of the proceedings of Friday last was read and ap-

.. and commend it to the tender care of the proper committee-the Committee on Appropriations. · The PRESIDENT pro tmnpore. That reference will be ma:le. 

Mr. ALLISON presented a memorial and joint resolution of the 

Legislature of the State of Iowa, in reference to the improvement of 

the navigation of the Upper Mississippi River; whi?h we!e referred 

to the Committee on Commerce, and ordered to be prmted m the REcORD as follows: 

Whereas the Mississippi River and its tributaries afford to the people who 

dwell in their valleys the most available means toescapetheexactingand oppcess- ve tariffs on the trarul1Jortation of their products to the markets of the world; and 

whereas in order to make this great national highway answer the full measure of its usefulness in affording greater faci.lities and safer passage for vessels of 

larger tonnaae, it is of the utmost importance that the work on the rapids of the 

Upper and Cower Mississippi should be speedily completed : Therefore, Be it resolved, That our Senators in Congress be instructed. and our Representatives be requested to advocate and vote for in Congress such measures as will most speedily and successfully secure this result. 

Resolved That the secretary of state be directed to forward copies of this pre- amble and' resolution to the President of the Senat~ of the United States and to the 

Speaker of the House of Representatives, with a. request that they may be laid before each House of Congress, and that copies be sent to each Senator and member 

of Congress from this State. 

JOHN H. GEAR, 

Speaker o.f the House. J. G. NEWBOLD, 

President of the Sena~. 

Approved January 25, 1876. 

SAMUEL J. KIRKWOOD. 

proved. EXECUTIVE COl\IMUNICATIONS. 

The PRESIDENT pro tentpore presented a memorial and joint reso- lution of the Legislature of the State of Iowa, instructing the Senators and Representatives in Congress from that State to vote for and 

advocate legislation in favor of the improvement of the rapids of the • Upper Mississippi and the completion of the work ; which were referred 

to the Committee on Commerce. 

The PRESIDENT p1·o t&nnm·e laid before the Senate a communication from the Secretary of the Treasury, in response to a resolution of 

the Senate of January ~6, 1876, requesting the Secretary of the Treasury to submit copies of any propositions by the Pacific railroads for 

the creation of a sinking fund for the redemption of the Government 

mortgages, together with a statement of the action of the Government thereon and the reasons therefor. 

Mr. WEST. I desire to make a motion that the communication be 

printed and lie on the table; and I give notice to t.he Senate that at an early da.y I will call it up for reference and submit some remarks 

with re~ard to the pecuniary and other relations existing between 

the Pacific railroad companies and the Government of the United 

States. 

The PRESIDENT p1·o tempm·e. The communication will lie on the 

table and be printed, if there be no objection. 

Mr. SHERMAN. I have no objection to the course proposed by the 

Senator from Louisiana, but I wish to enter a motion to refer the 

communication to the Committee on Finance. 

Mr. WEST. I also wish to give notice that I shall move the refer- ence of the communication to the Committee on Railroads. 

The PRESIDENT p1·o tempm·e. The Senator from Ohio gives notice 

tl1at he will move to take the communication from the table for refer- ence to the Committee on Finance. 

Mr. WEST. I had already given notice of an intention to move the 

reference of the communication. Probably the Senator from Ohio did 

not hear me. 

He also presented tha petition of W. E. Robbins and 200 others of 

Sullivan and Tioga Counties, Pennsylvania, praying Congress to pass an act allowing .the people to elect the President by a direct vote of 

the people; which was referred to the Committee on the Judiciary. 

He also presented a memorial of the Board of Trade of New York, 

demonstrating the inexpediency of attempting resumption before the 

requisite conditions are ripe for it; which wa.s referred to the Qommittee on Finance. 

Mr. INGALLS presented the petition of JohnS. Friend, praying 

remuneration for property taken from him by the Comanche Indians 

in Texas in 1867 and 1868; which was referred to the Committee on 

Claims. 

He also presented a petition of Robert Manville, of Indiana, praying 

that he may be allowed a pension; which was referred to the Committee on Pensions. 

Mr. WINDOM presented a joint resolution of the Legislature of the 

State of Minnesota in favor of the establishment of a mail-route from 

Freeborn, in Freeborn County, by way of the village of Alden and the 

town of Mansfield, in that county, to Lake Mills, in Winnebago County, 

Iowa, with semi-weekly service thereon; which was referred to the 

Committee on Post-Offices and Post Roads. 

Mr. SHERMAN. I wish to enter a motion to refer. 

the table for the present. 

He also presented a joint resolution of the Legislature of the State 

of Minnesota, in favor of the establishment of a mail-route from 

Dover Centre, Olmstead Count;r-z to Chatfield, Fillmore County, Minnesota, with daily mail service thereon; and also for an increase of 

service to tri-weekly on route from Preston to Greenleafton, in Fillmore 

It will lie on County; which was referred to the Committee on Post-Offices and 

l\Ir. WEST. Let i.t lie on the t.able,and when it comes up the mo- tions for reference can be considered. 

The PRESIDENT pro ternpo1'e. The communication will lie on the 

table and be printed. 

The PRESIDENT p1·o tempo1•e laid before the Senate a communication from the Secretary of War, stating that Major William P. 

Craighill, of the Corps of Engineers, will be detailed to make an ex- amination of, and report upon, the present condition as respects 

safety and permanency of the Aqueduct bridge across the Potomac 

River at Georgetown, District of Columbia, under the resolution of 

the Senate of February 3; which was ordered to lie on the table and 

b'e printed. 

PETITIONS AND MEMORIALS. 

Mr. McCREERY. I present the petition of Martinette Hardin McKee, 

who asks for an appropriation sufficient to transport the remains of 

h er late husband from the Panama cemetery to that at the city of 

Frankfort, Kentucky. Alexander R. McKee wa-s born at Lancaster, 

Kentucky, where he filled several positions of trust with fidelity. He was married at Jacksonville, Illinois, to the daughter of Martin D. 

Hardin, once a. member of this body. There he became the warm personal and political friend of Abraham Lincoln, who appointed and 

re-appointed him consul to Panama, where he died in the discharge 

of his duty. On the face of the paper I find statements from the governor,secretaryofstate,andthe auditorof Kentucky. Piety,inallages, 

has sought to consecrate the last resting-place of. the dead. Every 

country is willing to accord at least an honored grave to those who 

have fallen in its service; but it is from the shrine of domestic affection that the purest incense rises to the memory of the loved and the 

lost; and it is in deference to that sentiment that I offer tho petition, 

Post-Roads. 

Mr. WEST presented a joint resolution of the Legislature of the 

State of Louisiana, in favor of an appropriation by Congress for the 

construction of levees on the Mississippi River in Louisiana, and for 

the General Government to assume control of all the levees in Louisiana; which was referred to the Select Committee on the Levees of 

the Mississippi River. 

:Mr. BOOTH presented a concurrent resolution of the Legislature 

of the State of Caljfornia, in favor of a modification of the treaty 

with Chlna; which was referred to the Committee on Foreign Relations. 

He also presented a concurrent resolution of the Legislature of the 

State of California, in favor of the passage of an act granting pensions 

to the soldiers, sailors, and marines of the Mex:can war of 1846, 1847, 

and 1848; which was referred to the Committee on Pensions. 

Mr. SARGENT. I present the petition of leading merchants in San 

Francisco, the signatures of whom I recognize as being men eminent 

in their business, in which they pray for the passage of Senate bill 

No. 209, introduced by myself some time since, to amend and supplemental to an act creating the court of commissioners of Alabama 

claims and for the disposition of certain moneys, approved June 23, 

1874. I move that the petition be referred to the Committee on the 

Judiciary. 

The motion was agreed to. 

Mr. CRAGIN presented a joint resolution of the Legislature of New 

Hampshire, in favor of the resumption of specie payments; which was referred to the Committee on Finance, and ordered to be printed. 

Mr. SHERMAN presented the petition of citizens of Missouri, praying for the repeal of the two-cent stamp tax on bank-checks; which wa-s referred to the Committee on Finance.