1884. · CONGRESSION~L RECORD-HOUSE. 5967 

The PRESIDING OFFICER. The Chair did not hear the request 

of the Senaoor from Kansas. 

Mr. PLUMB. I ask unanimous consent that the report of the conference committee on the Post-Office appropriation bill be spread on 

the record without further aetion by the Senate. It seems oo me the 

report should be out of the custody of the conference committee• and 

in the possession of the Sena.te. 

The PRESIDING OFFICER. The Chair has already ruled that the 

Senate must aet on the conference report by agreeing or disagreeing to 

it, or postponing its consideration. The Senate could, by unanimous 

consent,,act upon it without its being read, but the re~rd must show 

that the Senate agreed to it or disagreed 00 it. ~1r. BUTLER. It seems 00 me we can get around the trouble by 

simply receiving it as information. That is what the Senator from 

Kansas is driving at. 

Mr. PLUMB. That is what I suggest. 

Mr. HARRISON. What objection is there to having it read? It is 

brief. 

Mr. PLUMB. It simply records a disagreement between the two 

Hou e , and that would necessitate the necessity of taking up the question whether the Senate would adhere to its position. I only want it on record in such a way that our Journal shall show exactly what was 

done. 

Ir. HAWLEY. Our record does show by a message from the House 

that the House receded on the identical bill, and concurred in the passage of it. The record on the bill is complete. 

Mr. PLUMB. But it does not show that the committee had met 

and that a disagreement had occurred which preceded the action of the 

House in receding from its disagreement to our amendments. 

:Ur. HAWLEY. The bill has passed. 

l\Ir. PLUMB. There is no doubt about that. I ask leave to withdraw the report. 

The PRESIDING OFFICER. The Senator from Kansas can withdraw the report if there be no objection. Tp.e Chair hears none. 

DISTRICT APPROPRIATIO~ BILL. 

lli. PLUMB. Now I desire to have action of the Senate upon the 

rep..ort of the conferees on the disagreeing votes of the two Houses on 

the District of Columbia appropriation bill. 

The PRESIDENT pro tempore. The Senator from Kansas asks that 

there be laid before the Senate a House bill pending on a report from a 

conference committee. The Chair will lay before the Senate the bill 

(H. R. 6656) making appropriations to provide for the expenses of the. 

government of the District of Columbia for the fiscal year ending June 

30, 1885, and for other purposes. 

Mr. PLUMB. Now, purely as a formal matter I move the adoption 

of the report of the conference committee, and that will bring up the 

subject which has been· heretofore in controversy. I wish to say now 

in regard to the question that I should be glad to have the Senate in 

some authentic way settle so far as it can what shall be made the· subject of action by conference committees of the two Houses; and for the 

purpose of illustrating to some extent what has been done, not a long 

time ago, but recently, I call the attention of the Senate oo the report of the conference eommittee upon the pension appropriation bill, 

which is found on page 5679 of the RECORD of June 27. It will there 

be seen that the conferees reported to the two Houses, and the two 

Houses by adopting the report have accepted a provision changing the 

law in regard to certa.in very important matteis of administration in 

the Pensio• Office; and not only that, bnt inserting provisions-which had never been in print or never been considered by either House of Congress 

prior to the time when they were presented in the conference report. 

. That is ·not singular, because I presume I may state what is within 

the knowledge of every person here, that a little over a year ago we 

got a tariff bill in the same way. I remember hearing a member of 

the committee that brought forth that bill describe in somewhat terse 

and lurid languap;e the manner in which certain conclusions had been 

arrived at. But the faet remains that a tariff bill was prepared subtantialJy in a committee conference a year ago last Uarch by the conferees, or at least a considerable number of items were inserted which were not the subject of controversy between the two Houses. 

I speak of this not for the purpose of justifying anything that has 

ueen done by anybody else, but for the purpose of illustrating the rule 

that has obtained heretofore, and also the necessity that there should be 

some rule Of action which shall govern beyond any po ible controversy. 

l do not care so fur ~ I am concerned for the present or for the future 

within what narrow limits the action of conferees is brought. It is 

much easier to get along here as it is elsewhere without assuming too much responsibility, and certainly I suppo e no one who . may have 

charge of bills of any description cares to have a responsibility which 

is not especially committed oo him by a vote of the Senate. 

I could go a great deal further than I have gone in regard to what 

has heretofore been done in the way of legislation by conference com- mittees; but I do not care to plead anything as a precedent for what 

appears in tltis report. I will only say that the amendment objected to was tendered to the Senate conferees by the House conferees and was accepted by the Senate conferees at the hands of the House conferees 

and agreed to by them as a matter proposed substantiaJly by the House. 

The PRESIDENT pro tempore. The Senator from Kansas moves. 

that the conferees report read and then printed for the use of the Senate on a former occasion be concurred in. On that occasion the Senator from Ohio [Mr. SHERMAN] and the Senator from Rhode Island 

[Mr. ALDRICH], as the Chair recollects, raised a question of order in 

regard to the last amendment of the Senate, that the subject agreed to. 

by the conferees had not been committed to the conference and was. 

not in dispute between the twe Houses, and also that it introduced 

legislation contrary to the rules of the Senate. If those points of order 

are insisted upon, the Chair will express his opinion about them. Ii 

they are not, the Chair will put the question on the motion of the Senator from Kansas. [A pause.] If there be no objection the Chair 

will put the question on the motion of the Senator from Kansas that 

the conference report be adopted. 

The report was concurred iu. 

THERESA CRO BY WATSON. 

Mr. CALL. I ask unanimous consent that the pending order be laid 

aside informally, and that the Senate proceed to the consideration pi 

Order of Business 764, being the bill (H. R. 103) granting a pension to. 

Theresa Crosby Watson. 

Mr. HAWLEY. I feel obliged to object, because IknowmanySenators desire an executive session. I move that the Senate proceed to. 

the consideration of executive business. 

The PRESIDENT pro tempm·e. The Se.uator from Florida asks unanimous consent that a bill, the nature of which he has stated, be now 

considered, pending which the Senator from Connecticut moves that. 

the .Senate proceed to the consideration of executive business. Thequestion iS on the motion of the Senator from Connecticut. 

The motion was agreed to, and the Senate proceeded to the consideration of executive business. After nine minutes spent in executive 

session the doors were reopened; and (at 6 o'clock and 31 minutes p.m.} 

the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

· THURSDAY, July 3, 1884. 

The House met at 11 o'clock a. m. Prayer by the Chaplain, Rev~ 

JoHNS. LINDsAY, D. D. 

The Journal of the proceedings of yesterday was read and approved. 

EXPLANATION. 

Mr. FINERTY. I desire to state that I left the House yesterday 

before the vote was taken upon the Fitz-Jbhn Porter bill, and with theunderstanding that I was paired if that question came up. I find this. 

morning that no pair was announCed for me, and I desire to state that 

had I been present, I should have voted for the passage of the 'Bill notwithstanding the veto of the President. 

Mr. ROBINSON, of New York. A single word of personal explanation. Not having been very well for some time past, I left the Hall yesterday about 3o'clock, not expecting that anything of importance would 

come up. I wish to say that had I been here I should have voted for 

the passage of the Fitz-John Porter bill over the President's veto. 

VIOLATIONS OF INTERNAL-REVENUE LAWS. 

Mr. OATES. By direction of the Committee on Revision of theLaws, I ask that the Senate amendments to the House bill6370, to limit 

the time within which prosecutions may be instituted against persons. 

charged with violating internal-revenue laws, be taken from the Speaker's table and non-concurred in. 

Mr. REED. Let the Senate amendments be read . The amendments were read, as follows: 

In line 2, strike out the word" crime" and insert the words" of the variousoffenses." - In line 5, strike out "two" before the word "years" and insert " three." In lines 7 and 8, strike out the words "beyond the reach of legal process" and 

insert in lieu thereof the words" absent from the district wherein the same i 

committed." 

In line 9, strike out the word" a~tion" and insert the word" proceedings." In line J 1, strike out the words " pending cases" and insert in lieu thereof thewords "offenses committed prior to its passage." , Also at the end of line 11 add the following : "And provided further, That when a complaint shall be instituted before a com- missioner of the United States within the period above limited the period shall 

be extended until the discharge of the grand jury at its next session within thedistrict." 

So that the section will read as follows : "Be it enacted, &:c., That no person shall ue prosecuted, tried, or punished forany of the various offenses arising under the internal· revenue laws of the United 

States unle s the indictment is found or the information instituted within threeyears next after the commission of the ofl'ense: PrO'IJided, That the time during which the person committing the offense is absent from the district wherein the- same i committed shall not be taken as any part of the time limited by law forthe commencement of such proceedings: Provided furtJter, That the provision of this act ball not apply to offenses committed prior to it-s passage : And prov-ided further, That when complaint shall be instituted before a commissioner of 

the United State within the period above limited the period shall be extended 

until the discharge of the grand jury at its next ession in the district." 

.Mr. OATES. I move that the Senate amendments be non-concurred 

in, and that a conference be asked. 

The motion was agreed to. The SPEAKER announced as the conferees on the part of tlie HonseMr. 0.ATES, Mr. ·McMILLIN, and Mr. PAYNE. 
5968 ON~RESS~O AL RECORD·- HOUS .~ JULY 3, . 

RELIEF FROM CHARGE OF DESERTION. 

l\fr. ROSECRANS. I rise to a matter of privilege, and call up the 

request of the Senate for a conference upon the bill (H. R. 4383) to 

relieve certain soldiers from the charge of desertion. I move that the 

House non-concur in the amendments of the Senate and agree to the 

request for a conference. 

Mr. 'DUNN. Is this a public measure? 

The SPEAKER. This is a privileged matter. A request from the 

other branch of Congress for a conference has always been treated as a 

matter of privilege. · The motion of Ur. ROSECRANS was agreed to. 

The SPEAKER announced the appointment of l\fr. RosECRANS, ~Ir. 

1\IORGAN, and Mr. STEELE as conferees on the part of the House. · 

BRANCH HOME FOR DISABLED SOLDIERS. 

1\Ir. BAIRD. I call up as a question of privilege the request of the 

Senate for a conference lipon the bill (H. R. 4696) to authorize the location of a branch home for disabled volunteer soldiers and sailors in 

either of the States of Arkansa-s, Colorado, Kansa , Iowa, Minnesota, 

Missouri, or Nebraska. I move that the House non-concur in the 

amendments of the Senate and agree to the request for a conference. 

The motion of Mr. LAIRD wa-s agreed to. 

The SPEAKER announced the appointment of 1\fr. RosECRANS, Mr. 

MORGAN, and 1\Ir. LAIRD as conferees on the part of the House. 

INVESTIGATIO::S OF CHARLESTOWN NAVY-YARD. 

Mr. TALBOTT. I am authorized by the Committee on Naval Affairs 

to ask the adoption of the report and resolution which I send to the 

~~- . '· 

The SPEAKER. The gentleman from Maryland asks Unanimous 

consent to report from the Committee on Naval Affairs for immediate 

consideration a resolution, which will be read, after which the Chair 

will ask for objection. 

The Clerk read as follows: 

Resolved, That the chairman of the Committee on Naval Affairs be, and he is hereby, authorized to appoint a subcommittee of the Committee on Naval Af- fairs, of not less than three members of said committee to investigate the charges aforesaid of official misconduct on the part of l\Ioses H. Webber in appro- priating to his own use Government property in and from the United States navy-yard at Charlestown, 1\!ass., and of requiring the hands under his control and supervision to devote their time as Government employes to the manufact- ure offm·niture and articles of adornment for his hou ehold use; and such other charges as may come to their notice respecting the management of said navy- yard; with power to sit during the recess of Congress, to visit said navy-yard, to send for persons and papers, and to employ n. stenographer; and the sum of $2,500, or so much thereof as may be necessary, is hereby appropriated out of the contingent fund of the House of Representatives for the purpose of defraying the expenses of said investigation. 

The SPEAKER. Is there objection? 

Mr. HISCOCK. , I object. 

:Mr. TALBOTT. I ask that the report and resolution be printed in 

the RECORD. 

Mr. DUNN. I call for the regular order. 

Mr. ADAMS, of Illinois. I have a privileged report. 

SUNDRY CIVIL APPROPRIATION BILL. 

A message from the Senate by :Mr. McCooK, its Secretary, announced 

that the Senate had passed, with amendments in which the concurrence 

of the House was requested, a bill (H. R. 7380) making appropriations 

for sundry civil expenses of the Government for the fiscal year ending 

June 30, 1885, and for other purposes. 

Mr. RANDALL. I ask to have taken up for the action of the Hou e 

the amendments of the Senate to the sundry ciTII apppropriation bill 

which has just been returned. · 

I have not had the opportunity to call toge~ber the Committee on 

Appropriations for the consideration of this matter; but I think I express their wish, if I do not express the wish of any individual member of that committee I hope he will now make known his dissent, when 

I ask that the amendments of the Senate be non-concurred in. The Senate has added to this bill appropriations amounting to more 

than $4,000,000. It may be right to bave made those addition or it 

may not; the propriety of the judgment of the respective Houses on this 

matter may be shown by subsequent events. I have prepared, and ask 

the liberty of incorporating in my remarks, a brief statement of figures 

relating to the appropriations in the evenll sundry civil appropriation 

uills of 1883, 1884, and 1885. I do not wish to detain the Hou e with 

a recital of these figures. 

The SPEAKER. If there be no objection the statement will be published. 

There was no objection. The statement is as follows: 

Sundry civ-il bills-1883, 1 84, and 1 5. 

1883. 1884. 

Bill as passed House.................... $23, 976, 783 66 $?-3, 119, 232 50 Bill as ~d Senate................... 26, 547,508 38 24,565, 347 47 Amount added by Senate............ 2,570, 724 72 1,446, ll4. !Y7 Amount. yielded in confere nce .. :. 958,150 3'.2 885,772 03 Amount as a. law.......................... 25, 589, 358 06 23,679,575 44 

1885. 

20, 919, 400 35 24,937,4.91 28 

4, ~. 090 93 

·!tfr. R;A.NDALL. I nowmove,and I call the previousquestionupon 

the motion, that the amendments of the Senate be .non-concurred in; 

and in order to expedite a<:tion on the matter, I will add to my motion 

a request for a conference with the Senate. 

The previous question was ordered. . 

The motion of Mr. RANDALL to non-concur in the Senate amendments and ask a conference was agreed to. Mr. RAl.~DALL moved to reconsider the vote by which the motion 

was agreed to; and also moved that the motion to reconsider be laid on 

the table. 

The latter motion was agreed to. 

The SPEAKER announced the appointment of l\1r. RANDALL, Mr. 

F-oRNEY, and, Mr. RYAY as conferees on the part of the House. 

!!Ir. RANDALL. I ask that the bill with the Senate amendments 

numbered be reprinted so a to facilitate the consideration of this subject by the Committee o.n Appropriations and by the House. 

The SPEAKER. If there be no objection that order will be made. 

There was no objection, and it was ordered accordingly. 

CLAIM OF NORTH CAROLINA. 

On motion of Mr. SCALES, by unanimous consent, leave was granted 

for the withdrawal from the files of the House of the bill (H. R. 3037) 

to refund to the State of North Carolina certain moneys therein named. 

L.EA 'VE OF ABSENCE. 

By unanimous consent, leave of ab ence was granted as follows: 

To Mr. CooK, indefinitely, on a~unt of important business. 

To Mr. ROGERS of New York for ten day , on business of impor~ 

tance. ' 

To Mr. SKINNER of North Carolina, for four days, on important 

business. 

To Mr. PATTOX, for one week. 

To Mr. STEVENS, for ten days, on account of important business. 

To !!Ir. BINGHAM, indefinitely. 

To Mr. HATCH, of Michigan, from and after July 5, on account of 

important business. · 

J. W. THO~IPSON. 

On motion of Mr. McCOID, by unanimous consent, leave was granted 

for the withdrawal from the files of the House of the papers in the case 

of J. W. Thompson without leaving certified copies with the Clerk of 

the House. 

ASA FAULKNER AND OTHER . 

On motion of .Mr. DIBRELL, by unanimous consent, leave was 

granted for the withdrawal from the files of the House of the papers in 

the claim of .A..sa Faulkner, Lewis L. Faulkner, and others, no adverse 

report having been made thereon. 

J).lARY E. HILL. 

On motion of Mr. SKINNER of New York, by unanimous consent, 

leave was granted for the withdrawal from the files of the House ofthe 

bill (H. R. 3712) granting a pension to Mary E. Hill, and all papers 

in the case, there being no adverse report. 

CONSOLIDATED CLAIMS INDEX. 

Mr. ADAMS, of Dlinois. I rise for the purpose of submitting a 

piivileged report from the Committee on Accounts, and as it states 

more fully than I can do the reasons for pa sing the accompanying resolution, I ask the House to pay particular attention to its reading. 

The Clerk read as follow : 

The Committee on Accounts, to which was referred the following resolution, 

namely- · "Resolved, That the Clerk be, and he is hereby, authorized to employ a clerk during the recess for the purpose of preparing a. consolidated index of the 22 298 claims reported to Congress by the commissioners of claim , under the act of March 3, 1871., and subselj_uent acts; also for the purpose of recording theca es referred to the. Court of Claims under the Bowman act; said clerk to be paid out of the contrngent fund of the Hou e the same compensation paid committee clerks ' - I having had the same under cousideration, submit the following report: That under the act of 'March 3, 1871, establishing what is known as the Southern Claims <.:ommis ion, and sub equent act , 22,298 claim were pre en ted involving the sum of 60,258,150.44. ' Under said ad the commissioners of daims made ten reports to Congre , of which number 17,048 were reported to Congress eit.her favorably or unfavor- ably, 5,250 were forever barred under the act of June 15, 1 i' , and 57 were withdrawn. \ . The total amount allowed in the favorable reports made to Congress by th e commissioners was $!,636,920.69, the amount disallowed being $55,621,229.75. The cases reporied upon favorably haYe been transmitted to the Tre a ury Department, and remain , with the evidence, upon its files a evidence of ettle- ment .. The cases reported to Congress a disallowed remain upon the file of the House of Representatives, with but few exceptions; the original act o f ,;\larch 3, 1871, prohibiting the withdrawal of any claim or e'·idence therein without au- thority of Congre s. • These ten reports a1·e cattered through the file of the Forty- econd, FOI:tythird, Forty-fourth, Forty-fifth, Forty-sixth, Forty-seventh, and Forty-eighth Congresses, and it is of the first importance that there should be a. con olidated record of these cases, giving the number of the claim as presented to the com- mission, its nature, the amount of the claim, the amount allowed, and uch other· particulars as may be necessary to fully snd completely identify the claim. This is rendered more important by thC' act of larch 3, 1883, entitled " An act to afford assistance and relief to Congre:s and the Executive Departments in th e investigation,of claims and demands against the Government. ' known as the Bowman act, under which any claim pendiug before a con::lmittee of either House may be transmitted to the Court of Claims and there proceeded with under su ch rules as the court may adopt. 
1884. CONGRESSIONAL RECORD-HOUSE. 5969 

Under this act numerous claims have been transferred to the Court of Claims b y the committee of the House, of which no record has been made upon the ..Journa l except in one insta"Q.ce. It is desirable that there should be a complete record of cases so transferred, li n o rder that they may be properly located or traced. The committee believe that the importance of this work can not be overesti- anat ed . The expen e of preparing such a. hi tory or consolidated index will be but trifling, a nd it is believed it can be accomplished during the coming rece s. The committee therefore report back the said resolution without amendment, .nnd recommend it adoption. 

1r. HOLMAN. I must insist, Mr. Speaker, as that work, in view •of the statute of limitations, will be of no possible value, as these ·claims are' all barred by express statute, that this resolution be not .adopted. As they are all barred by express statute, an index ofthou- . ands and tens of thousands of claims can be of no possible value. 

..Even if it should be of value, let me call attention to the fact that the 

tCommittee ·On War Claims in charge of this whole subject has two ~Clerks, for I notice by amendment an assistant clerk has been securedt his Committee on War Claims has these two clerks; and if this work 

be nece sary they can do it, and they wiJl do it efficiently. 

But why should we encumber our records with an index of thous ands of claims which are barred by the statute of limitations and which 

-ca,n .be of no value whatever. They are barred by the act of 1881, 

which has ·been ,referred to; they are excluded e pecially by the provision of the Bowman bill, and I hope, as it will only unnecessarily ,encumber the records of the House, the gentleman will not press the 

.adoption ofthe resolution. 

1\ir. ADAMS, of illinois. Mr. Speaker, of course I shall press what 

l am ordered by the committee to press. But I will say in answer to 

the gentleman from Indiana, that if everything he suggests was true 

with reference to these cases and there was not a single claim here that .could be ubject to legislation in this Congress or any other, it would 

. till be well aJ.J.d .most desirable to have a complete history and index ,o.f.all such claims, so that they might be referred to and identified without difficulty at any time. I have, of course no personal knowledge .of t he matter; but I am informed by those who have, and I believe it 

to be true, that it often happens when members of Congress from the 

outh come here and want to find from the files the history of cases relating to their constituents, that in order to obtain such a history the 

.clerk mu t go over ten voluminous annual reports to find it. Not only 

the files of these claims, but the records in connection with them, are 

i1!l. uch a condition that it i a matter of economy and convenience to 

have this itemized list prepared. 

Mr. HOLMAN. But the gentleman should remember that these 

·ca es are already disposed .of. 

Mr. ADAMS, of Illinois. Let me continue by saying that so far as barred cases are concerned I think if the gentleman from Indiana had 

listened to the reading 9f the report he would have found that only a >Small proportion of the eases referred to are actually barred. He would 

have discovered also that this resolution ~vers many claims which were itlot before the Southern Claims Commis ion at all, namely, claims referred to the Court of Claims under the Bowman act. But as the report . states the facts in the ca e so clearly and conclusive1y I do not think I 

ought to take up the time of the House by any explanation. If the 

.gentleman wants a few minutes longer I will yield to biro, and will 

then move the previous •q uestion. 

l\fr. HOLMAN. I .am very much obliged to the gentleman. 

l\fr. YOUNG. Will my friend from Indiana permit me to make a uggestion? It occurs to me that the fact of these claims being barred 

by the statute of limitation would harclly prevent their being brought 

!before Coqgr at some time, and hence that there would be conven- ience :in having such an index. But I see no reason why the two clerks 

.of the· Committee on War Claims eould not prepare the index. 

1\fr. HOL.MAR By the act-of 1871, my friend will remember, cre- .ating t hat commission, a. bar is fixed to every claim presented after a .specified time; and consequently an index of that class of claims would 

be manifestly unnecessary, a they could readily be found by looking 

<Over, it is true, perhaps with some little trouble, several volumes of books 

which contain the list. Bat it is only a matter of a little trouble. N othing is gained by this proposition. And I desire to call his attention 

.again .and mainly to the fact that there are already two clerks of the 

.Committee on Wa.r Claims who can do the work. 

M.r. SHELLEY. Let me interrupt the gentleman to say that these 

claims are not before the Committee on War Claims but are on the files 

Qfthe House. 

l\1r. HOLMAN. 'That is true, but they all go through the War 

Claims Committee. Under the law they went to the Committee on 

War Claims in the first instance, and were there examined. Then the 

Teports were made to the House under the act of 1871. So that these 

daims have been already1 and all of them, subject to review by the 

Committee on War Claims. 

But the point I was making is that this committee has already two 

.annual -clerks; one jprovided for by the legislative bill passed by the 

House, and a provisio» tor another has been inserted in the bill as an amendment by the Senate. If that is adopted there will be two cler~ 

te that committee able to :perform this work. One of them. I know to 

·be .an .exceedingly rcompetent 'Clerk, who has been connected with the 

XV-374 

committee for a nu~ber of years. They can perfqrm this duty, and I 

trust that there will be no unneces....:;ary increase of the number of the 

employes of the House. I think the employes have been already increased beyond the necessities of the service. 

l\Ir. ADAMS, of Illinois. I now yield to the gentleman from South 

Carolina [Mr. TILLlUAN] three minutes. 

Mr. TILLMAN. l\Ir. Speaker, I understand tha.t this report has 

been unanimously indorsed by the Committee on Accounts, and I 

must say I think the House should also unanimously. indorse it. 

I for one can bear witne to the fact that for several years my con- stituents who had presented war claims here and claims before the 

Court of Claims have written me making inquiries as to what had become of them, and I have had a deal of trouble because of having no guide in my search for the action taken upon them. On applying to 

'the clerk, I found I could get but little information from him in several ca-ses, and only that after much search and trouble on his part. 

We have had all general claims against the Government indexed, and as a member of the Committee on Claims I know how exceedingly valuable 

it is to every member of that committee and indeed to every member of 

the House. Besides, sir, over 1,000 claims arependingagainstthe Government. These claims range all the way from a million of dollars 

down, and the Committee on Claims have not been able to discharge 

their duties as expeditiously and efficiently as could be desired becau e of the difficulties connected with the matter of investigation and decision. Consequently they have been seeking relief not only as to the 

mode of lifting the heavy burden from their own shoulders, but from 

the Government by dumping them upon the Court of Claims under 

the Bowman act. I submit, therefore, that the Congress could not 

spend any portion of the public money in a better way than that propo ed by the resolution of the committee on accounts now before us . Mr. WARNER, of Ohio. I would like to ask the gentleman in 

cha,rge of this resolution if it has had the consideration of the Committees on Claims of this House; whether it is recommended by either the 

War Claims Committee or the Committee on Claims? 

Mr. ADAMS, of illinois. I am not able to answer that question. 

But as it has been asked I will say it was recommended one year ago 

unanimously by the committee as a desirable thing and only fuiled for 

lack of time at the close of the session . 

Mr. WARNER, of Ohio. It will no doubt be very convenient for 

claim agents, but I do not know that either of the Committees on 

Claims desires it. 

Mr. ADAMS, of Illinois. It will be very convenient for many Congressmen who have to be claim agents in a proper sense of the term. I 

demand th~ previous question. 

The previous question was ordered. 

The SPEAKER. The question is on adopting the resolution. 

The House divided; and there were-ayes 73, noes 29. 

Mr. LEFEVRE. No quorum. 

The SPEAKER. A quorum not having voted, the Chair will order 

tellers, and appoints the gentleman from Ohio, l\fr. WARNER, and the 

gentleman from illinois, Mr. ADAMS . 

The House again divided; and the tellers reported-ayes 134, noes 35. 

So the resolution was adopted. · 

Mr. ADAMS,of Illinois, moved to reconsider the vote by which the 

resolution was adopted; and also moved that the motion to reconsider 

be laid on the table. · The latter ntotmn was agreed to. 

CENSUS FOR 1885. 

The SPEAKER, by unanimous consent, laid before the House a letter 

from the Secretary of the Interior, transmitting a communicatio.n from 

the acting Superintendent of the Census, with accompanying papers, 

relative to a proposed census of the S~tes and Territories of the United 

States for 18 5; which was referred to the Select Committee to Ascertain the Results of the Tenth Census, and ordered to be printed. 

PUBLIC BUILDING AT INDIANAPOLIS, IND. 

The SPEAKER also laid before the House a letter from the Secretary 

of the Treasury, transmitting a bill for grading and bowldering street adjacent to the United Sta,tes court-house and post-office at Indianapolis, 

Ind., and recommending its payment; which was referred to the Committee on Appropriations. 

CHARGES AGAINST HON. W. H. ENGLISH AND OTHERS. 

Mr. HAl\IMOND. I rise to make a privileged report. 

The SPEAKER. The Clerk will read the report sent up by the gentleman from Georgia. 

The Clerk read as follows: 

Mr. HAMJIIOND, fi'Om the select committee investigating charges against Hon. William H. English and others, ex-members of Congress, submits the following 

report: 

The resolution of the House, under and by virtue of which your committee have been a.ctiug, instructed the committee" to inquire and report to the House whether or not Hon. William H. English, an ex-member of this House, has violated the privileges tbereof in the contested-election case of English vs. Peelle " * * * and •• whether any ex-member of the House, employed as agent or attorney in any contested-election case here pending, or for any rail- road or other corporation, or of persons having uny claim pending here, has during this session abu ed the privileges allowed him under the thirty-fourth 
5970 -CONGRESSIONAL RECORD- HOUSE. JULY 3,. 

rule of the House, and report, if any, who they are and how they have abused said privilege." The thirty-fourth rule of the House is: 

" OF ADMISSION TO THE FLOOR. 

"The persons hereinafter named, and none other, shall be admitted to the Hall of the House or rooms leading thereto, viz: * * * ex-members of Con- gress who are not interested in any claim or directly in any bill pending before Congress." 

In the light of the debate which led to the adoption of the resolution and im- mediately preceded it we might well consider that its onlypurpo ewaa to learn whether Mr. English and other ex-members of Congress had violat.ed said rule. We think that the words "claim" and "bill" in the rule hould be construed liberally, but that the word" interest" therein has been uniformly held to cover only a pecuniary interest. The House has not made relationship to a. contestant or contestee or to one interested in a. bill or claim a reason for excluding an ex- member from the ftoor of the House. Therefore we report that the lion. Will- iam H. English did not violate said Rule XXXIV by coming upon the floor of 

the House pending the contested-election case of his son against 1\Ir. Peelle. 'Ve do report that .Jeremiah Wilson, J. H. McGowan, S. S. llurdett1 Eppa 

Hunton, and Green B. Raum were ex-members employed as attorneys tor cor- porations and persons having pecuniary interests in claims or bills pending here during this session of Congress and did come upon the floor of the Hou e. Technically they ha.d no right to come upon the floor while the House was in se sion. But your committee reports that nothing contained in the testimony 

taken, and which is submitted as part of this report, shows any conduct by them while on the ftoor calling for animadversion. It will be observed, however, that the first clause of the resolution, in words, does not confine the inquiry as to fr. English to his conduct as ex-member, nor suggest anything about Rule XXXIV of the House. He is there spoken of as an ex-member, in describing him; but the inquiry is by those words to be not whether he abused the privileges of the floor under Rule XXXIV, but whether he had violated the privileges of the House in the contested-election caae of his son against Mr. Peelle. All that the committee have been able to learn touching his conduct in that regard is fully set forth in the evidence herewith submitted. That-1\Ii-. English did go to see members of the House at their rooms and in the House in session a.nd seek 1.o induce them to vote for hi~ son is true. But In no ca e was that done otherwise than quietly and in such ways as were not cal- culated to disturb the business of the House. There is no shadow of evidence of any effort by Mr. English to use any corrupt means or to suggest any corrupt motive for the consideration of any member in the case of English vs. Peelle. By the Constitution the" House may determine the rules of its proceedin~." 

Itmusthave authority to maintain itsprivilegesand be thejudgeoftheirinfringe- ment. Hut it must proceed according to law. Many causes are cited in our manual in which the House has a-sserted and acted upon that right. They were, as to parties, attempting to participate in the debates without being members of the House (Journal 1, 4, p. 407); of persons refu ing to testify before commit- tees of the House (Journal 1, 12, p. 280, and 2, 33, p. 315); of person!! offering money to influence the conduct of members (Journal 1,15, pp. 119-154); of a stenographer or the House who committed an assault in the session of the House (Journal!, 24, p. 1021), or for assaults upon members of the House, as in the c.'lSe of Houston and Woods (J ournall, 22, pp. 736,750, and 2, 41, pp. 1199-1ro()). 

May, on Law of Parliament (page 82), divides breaches of pl"ivilege into, first, disobedience to genera.! orders or rules of either house ; second, disobedienoe to particular orders; third, indignitie-s offered to the character or prooeeding!'! of Parliament; and, fourth, a<3Saults upon its members or reflectiop.s upon th.eir character and conduct in Parliament, or interferenoes with officers of the house in discharge of their duty. 

Cushing, in his work on the Laws and Practice of Pa.rliamentary Aasembli~. 

quotes the extreme views of a. member of Parliament, who, in 1771, said that one charged with a breach of privilege should not be heard by counsel, because he thought parliamentary privileges were and should be undefined. The com- ments of 1\Ir. Cushing are that privilege was then "what each house chose to make so upon the particular occasion." But he added this: "Since the period above mentioned a different doctrine has been established as to the nature of parliamentary privilege, which is now regarded as a pe.rt of the la.w of the land evideneed by the customs and usages of Parliament when not B):>eeifically defined by statute and incapable of enlargement by the resolutions or proceedings of either house." Your committee have found no custom or USI\ge of Parliament which would justify them in concluding that the conduct of Ron. William H. English, as disclosed by the evidence, was a breach of the privileges of the House in said election case, and therefore recommend that-the whole matter be laid upon the 

table. • 

Mr. l\1ILLARD. I desire to present a minority report and ask tha.t 

it may be read. . The SPEAKER. The gentleman from New York asks leave to pre-

.sent the views of the minority. If there be no objection they will be 

pre ented and read. 

There was no objection. 

The Clerk read as follows: 

CHARGES AGAINST HON. WILLIAM H. ENGLISH. 

Mr. MILLARD, from the committee, submitted the following views of the mi- . nority: 

The undersigned, a minority of the select committee appointed to investigate whether or not Ron. William H. English violated the privilege of the House during the consideration of the election case of English vs. Peelle, begs leave to make the following repox:t: While the contested-election case of Engli h vs. Peelle wa under considera-- tion in the House Mr. HORR, of Michigan, rose in his seat and made the follow- in?. statement: 

'1\Ir. Speaker, no ex-member of Congress has the right to the floor ifhetak~ 

it and then abuses its privileges by attempting to influence legislation here. I now rise to say that it has been brought to my notice by a Democratic member of this House that an ex-member of Congre , who is the father of one of the litigants in this case, has been on the floor of the House soliciting members, 

sending for them, taking them into consultation, and attempting to int'l.uence their votes in this case. If that be true, it is such a violation of the dignity and inte-grity of this Ho,use that it ought not to go unnoticed." The charge of the distinguished gentleman from Michigan waa met with an -emphatic denial from various gentlemen' upon the Democratic side of the House. lo1r. RA:\"DALL, of Pennsylvania, obtaining the ftoor, replied ns follows: "The father of the contestant would be unnatural if he did not take the deepest interest in his son's contest," and that he was a. witness t.o the fact that that gentleman had exercised the most careful propriety in connection therewith. After some considerable discussion the following resolution was passed: " Resol1:ed, That a select committee of seven members be appointed by the Speaker, and it is hereby instructed to inquire and report to the House whether 01· not Hon. William H. English, an ex-member of the Hou e, has violated the privileges thereof in the contested-election case of English vs. Peelle; and said 

committee shall inquire and report whether any ex-member of the Hou e em- ployed as agent or as attorney in any contested-election case here pending, or- for any railroad or other corporation of persons, lias during this se sion abu ed. the privileges allowed him underthethirt.y-fourth rule of the House, and report,. if any, who they are and how they abused said privileges." It will be observed that the resolution directs the committee to inquire and report to the House not whether Ron. William H. English had violated any of the provisions of Rule XXXIV, but whether or not, after coming upon the floor under and by virtue of this rule, he did not by his sub equent conduct vio- late the privileges of the House. Rule XXXIV only goes to the point of ad- mitting ex-members of Congress to the floor, and they are entitled to this privilege only when they are not interested in any claim or directly in any bill pending before Congre s. The charge of the distinguished member from Mich- igan was that Mr. Engli h had been engaged in lobbying in the interest of his son, the contestant, while upon the floor of the House, and while the case was actually under consideration. Thi;;; charge, we submit, has been ustained by the evidence taken by the subcommittee. . The evidence shows tllat he came to Washington on the 1st day of May last; that from the day of his coming down to the final vote, which was taken on the 22d day of 1\Iay, he was constantly engaged in attempting to influence the votes of the members of this Hou e; that before the Committee of Elections had made their report, and while they had the case under consideration, he visited mem- bers of the committee at their respective abodes in Washington and tried to in- duce them to report in favor of the contest&nt. Mr. English, before the committee, admitted that in the absence of Mr. CooK, who was one of the subcommittee of elections having theca e in charge, he called upon CooK's wife and induced her to use her influence with her husband to get him to report in favor of the contestant. He also testified that at his re- quest Mr. SPRINGER, of Illinoi , called upon Mr. CooK at his rooms and t.ried to induce him to stand by the contestant. Mr. English also admitted before the subcommittee that he told CooK upon the floor of the House that it was for the intere tof the Greenback party in Indiana that his 5<>n should be seated. Know- ing CooK to be a Greenbacker, he said he •• thought he might reach him by this kind o(argument." Mr. S. W. PEEL, of Arkansas, t-estified that while the case was under consideration, and after he had voted, the distinguished ex-member came to his seat and asked him "if he was going to stand by and see a Demo- crat slaughtered in this way." That he replied "that if it were at the polls he would vote for his son, but the evidence did not show that his son was elected," 

whereupon English replied: "All right; time will bring us all even. ' ' (See evi- dence of Mr. PEEL a.t page 48 and 49 of the printed testimony before the commit- tee.) 

At page 58, of the printed. evidence the Ron. William H. English test.ified as follows: 

Q. Did you discuM the effect it would have if Mr. Peelle were allowed to take his seat? 

A. I think it WM spoken of with a view to its political effect. Q.. Did you talk to anybody else, state to anybody else the effect it would have in Indiana if your son were ousted? A. I did. Q. Towhom? A. To every member with whom I talked. We made no concealment about it. 

Q. What did you represent the e.ffect would be? A. I said to my friends-political friends-those who asked me about it, that I thought it wa.s highly desirable for the party to stand together upon the ques- tion; that that was the policy in Congress when I was there, and that they ought . not to divide upon this election cal'le. I said the efl"ect would be injurious to the party in the country. 

The Hon S. W. MOULTON, of illinois, testified that before he voted English came to his seat upon the floor of the House and stated to him that if he could not vote for his son not to make a record; that he could step out.· That English also stated to him that they had had a good deal of trouble in Indiana, and that it was everything to them that his son should be seated. 

Mr. ORLANDO B. PoTTER, of New York, testified before the subcommittee "that while in his seat and while the case was actually under con ideration he received a note from Ron. William H. English to come to the cloak-room in the a.rea of the Hall upon the Democratic side of the House. That he complied with the reque!lt; that when he reached the cloak room he found that Engli h had with him Senator VOORHEES, of Indiana. Up to this time Mr. POTTER says that he had intended to speak in favor of Mr. Peelle, and he so stated to 1\lr. 

English. He also told English that he had caNfully examined the case and that in hie opinion Mr. Peelle was elected. That l\Ir. English importuned him not to speak against his son. That Senator VooRHEES made the same request; and out of deference to their joint request he did not speak. He testifies furthet that on his way back to his seat from the interview he did tell ~Ir. HORR that he thought it was an outrage that an ex-member of Congress should 1te upon the floor attempting to influence members in a case of this kind; that in his judgment whether English or Peelle was entitled to the seat was a judicial and not a political question. In view of the foregoing evidence we submit that the charge of the gentle- man from Michigan has been fully sustained and more than sustained. The conduct of the Ron. William H. English, as established by his own admissions and the evidence of 0RL ~DO B. PoTTER, of New York, S. W. ~IOULTON, of Illi- nois, and S. W. PEEL, of ArkanSlls, while upon t-he ftoor of the House and while theca e was actually under consideration, was characterized by 1\lr. POTTER an outrage, a gross violation of the courtesy extended to him by the House, and an insult to the honor and integrity of every member upon thi floor. 1\Ir. English claimed before this subcommittee that before coming upon the floor he sought the advice of the Hon. WILLIAM S. HoLMAN, of Indiana, but Judge HoLKAN says that the question of the election case was not discussed or referred to. Mr. HoLMAN was asked whether or not he intimated to 1\Ir. Eng- lish directly or indirectly that after being upon the floor he could importune members. His answer wa , "Oh, no, sir." · 

Other que tions were put to him, including the following : Q. Did you advise him that way? A. No, sir. · Q. What do you understand by the term lobbying while on the floor of the House? You have spoken of the rule and its force. A. Yes, sir. I suppose in it-s general sense it would have reference to any action to influence the action of the House on any subject. 

Q. Any interference or request made? A. Any intercession or otherwi e for lobbying is carried on; that is attempts to influence the action of Congress by persons in the lobby is in progres , I take it for granted, as well when the House is in session as when it is not in session •. In the judgment of the undersigned the conduct of Hon. William H. English, after being allowed to come upon the floor through the courtesy of the House, was improper and a flagrant violation of its privileges. That this House owes it to itself, its honor, and integrity that such conduct should not go unnoticed. Whether English or Peelle was entitled to a seat in this House was not a po- litical but ajudicial que~:;tion. to be determined solely from the evidence. What had the t!Uccess of the Democratic party of Indiana to do with such a question? What are the privileges of the House? · One of the most important privileges ' of the House undoubtedly is the immunity of its members from allmfluences that would warp their deliberations. The members of the House discuss the · matters that come before it, not only publicly as in open debate, but also in con--
1884. CONGRESSIONAL RECORD-HOUSE. 5971 

versation among themselves. Exemption~ from external influence is intended t.o be secured by excluding others than members from the floor of the House. Is • it not clear that the entrance of a stranger, admitted not of right but by courtesy, who for days and weeks is actively engaged in lobbying, is a clear violation of this privilege? It is also the duty of the House to protect itself from scandal. Its integrity, 

honor, and good fame should be held to be sam·ed. Can it be so regarded and esteemed when that universal servitor and censor, the press of the country, pub- lishes broadca t the news that lobbying is carried on openly on its floor and during its deliberations? In view of the foregoing the undersigned submit the following resolution and recommend its passage : 

n::~l:l!ui't~~t ~~t~~~~~~lte~fi! c!s~~~~~li~h !~~~e~:~~~ ~le~~~:~U~~ ation, as shown by the evidence taken before the select committee appointed to investigate the same~ was improper and a violation of the privileges thereof, and "that he be excludea therefrom during the pre ent Congress. TEPHEN C. MILLARD. THOS. M.. BAYNE. J. B. WAKEFIELD. 

Ur. H.AltiMOND. I would like to know from the gentlemen oft e minority whether they consider it desirable to debate the issues. between the mem-.ers of the committee; and, if so, for what length of 

time? 

Mr. MILLARD. I would suggest that thirty or forty minutes be 

allowed to each side. 

Mr. B.A. YNE. Thirty minutes are enough. 

Mr. HAMMOND. I will then retain the floor and yield half of the 

hour to the other side, reserving the -other half, that gentlemen on our side who desire to speak may occupy such portion of that time as they 

may desire. .A.t the end of that time I will make my motion to lay the 

whole matter on the table. Do gentlemen on the other side desire to 

speak now in favor of their resolution? 

Mr. MILLARD. I do not care which side shall be heard first. 

:.Mr. HAMMOND. Then proceed, if you please. Mr .. l\ULL.A.RD. Mr. Speaker, that we may understand at the outset of this discussion the precise question under consideration, I desire to call the attention of the House to the facts and circumstances 

out of which this whole,matter arose. While the contested-election case of English vs. Peelle was under consideration the gentleman from 

Michigan (Mr. HORR] rose in his seat and made the following statement: 

Mr. Speaker, under the rules of this H o use no ex-member of Congress ha-s the right to the fiOQr of the House if he abuses the privileges by attempting to influ- ence legislation while here on the floor. I now desire to say that it has been brought to my notice, and that by a. Democratic member of this House, that an ex-member of Congress, who is the father of one of the contestants in this case, has been on the floor of the House for days soliciting members, sending for them, taking them into consultation, and attempting to intluence their votes upon this case. If that be true, it is such a. violation of the dignity and integrity of this House that it ought not to go unnoticed. I assert such to be the fact. 

The charge of the distinguished member was specific both as to the 

person accused and the character of the offense charged. The person 

referred to was the Hon. William H. English, of Indiana, and the of- fense charged was lobbying in the interest of the contestant while the case was under actual consideration by this House. 

The statement of the gentleman from Michigan occasioned not a. little excitement upon this floor and was met by an emphatic denial from 

many members upon the other side of the House. 

Mr. RANDALL, of Pennsylvania, obtaining the floor, replied to 1\Ir. 

HoRR in the following manner, and I desire to use his precise words: 

I desire to say, Mr. Speaker, the father of the contestant would be unnatural if he did not take the deepest interest in his son's contest. I stand here a. wit- ness t.o the fact that that gentleman has exercised the most careful propriety ln connection with this case. 

It is very evident that the· distinguished member and ex-Speaker 

from Pennsylvania. had not been a witness to the extraordinary conduct of the ex-member from Indiana or he would not have made the 

statement he did on that occasion, for I do not believe he would in- tentionally and deliberately countenance so flagrant an infraction of the 

privileges of this House, even though the guilty person be none other 

than the late candidate for the Vice-Presidency of the great Democratic party. 

.After some con iderable discussion pro and con the following reso- lution was passed : • 

Resolved, That a select committee of seven members be appointed by the Speaker, and it is hereby instructed to inquire and report to the House whether or not the Ron. William H. English, an ex-member of this House, has violated the privileges thereof in the contested-election case of English vs. Peelle. The said committee shall inquire and report whether any ex-member of the House, em- ployed as agent or attorney in any contested-election case here pending, or for any r ailroad or other corporation, or of persons having any claim pending here, bas during this ses ion abused the privileges allowed him under the thirty- fo w·th rule of the House, and report, if any, who they are, and how they have abused said privileges of the House. 

In pursuance of this resolution a committee was appointed, consisting of se>en members-four Democratic and three Republican members of 

the House. 

The committee at once entered upon the investigation, everal witnes es have been called and sworn, including Hon. William H . English 

him elf, and the evidence has been printed and is before the House. 

.A. a member of that committee and familiar with the evidence, I want 

to say that in my humble judgment the charge of the distinguished 

member from Michigan has been sustained; that Hou. William H. 

English, out of his own mouth and by his own admissions, stands convicted of the grossest improprieties and violations of the privileges of 

this House, and I challenge any fair-minded person, I care not to what 

political party he belongs, to read the evidence taken before the investi.-

gating committee and arrive at any other conclusion. 

This, as I have stated, is not a question whether he violated Rule 

XXXIV, bUt whether or not he ha not violated the privilegesof the 

House. Rule XXXIV only permitted him to come upon the floor of 

the House, but after once upon the floor it did not permit him to engage 

in lobbying ·members to vote for his son. What I complain of is not 

his bein~ upon the floor at such a time, though in my judgment it was an exhibition of very bad taste in the distinguished gentleman, but his 

conduct after once upon the floor~ Sir, the evidence of Judge MoULTON, 

of illinois, 1\Ir. PEEL, of Arkansas, Hon. ORLANDO B. POTTER, of 

New York-all the e gentlemen of the same political faith as himselfshows that his conduct was not only improper and indecent iu any light 

you may view it, a...fl.agrant violation of the :rights and privileges of this 

legislative body, but an insult to the honor and integrity of every 

member he approached. 

It is uncontroverted that he came to this city on the 1st day ~f May 

last, and from the time he landed in Washington down to the eve of his 

departure, which was within three hours after his son had been seated, 

there was scarcely an hour that he was not engaged in lobbying in the 

interest of the contestant on and off the floor of the House. Before 

the Committee on Elections had reported, and while the subcommittee 

had theca e under consideration, we find him at their rooms importuning them to report in f:tvor of the contestant, and he comes upon the 

floor and procures members of the House to labor with the subcommittee that they may make a. favorable report. 

There is not a Democratic member of this committee of elections wi tb 

whom he says he did not talk concerning the case either at their re- spective places of abode in Washington or upon the floor of the House, 

and yet thie man says he saw no impropriety in it. Did he ask and 

demand that his son be seated upon the ground that he had been 

honestly and fairly elected? Oh, no! He claimed that ·while he was in Congress the party always stood together upon such questions, and 

that by putting hi3 son in 1\Ir. Peelle's seat the great Democratic party 

of Indiana would be benefited. May the good Lord deal tenderly with 

the Democratic party in Indiana if it can only achieve success through 

such foul means ! 

Mr. CooK of Iowa, one of the subcommittee of elections, and one of · the subcommittee having the' case under consideration and advisement 

(CooK was a Greenbacker, elected on that issue), was told before the 

report was made that it was for the interest of the Greenback party in 

Indiana that his (English's) son should be seated. Sir, permit me to 

call the attention of this House to a small portion of the evidence of 

Hon. William H . English before tlie investigating committee: 

Q,. Did you discuss the effect it would have if lli. Peelle were allowed his seat? 

A. I think it was spoken of with a view to its political effect. Q. Did you ta.lk to anybody else, state to anybody else, the effect it would have in Indiana if your son were ousted? .A. I did. Q. To whom? 

A. To eve ry member with whom I talked; we made no concealment of what we thought about it. Q. What did you represent the effect would be? 

.A.. I said to my political friends, those who asked me about it, that I thought it highly desirable for the party to stand together upon the question ; that that was the policy in Congress when I was there, and that they ought not to divide upon this election case. I said the effect would be injurious to the party in the countrv. 

Si.r, what had the Democra~ic party of Indiana or the whole country 

to do with this question, a judicial question to be decided upon its 

merits. I know of no claim or right more sacred or inviolate than the 

right to a seat upon this floor. It was a question that not only concerned Stanton J. Peelle, but 150,000 citizens of his district. The logic 

of the argument of the distinguished ex-member was that to benefit the 

party to which he belonged he was justified in robbing Mr. Peelle of 

his ,.seat upon this floor . 

Some one during the discussion, and about the time the vote was to 

be taken, told him that Judge MouLTON, of Illinois, was going to vote 

for Mr. Peelle. He at. once went to the seat of the judge and requested 

him not to vote at all if he could not vote for his on. The judge re- plied, "I have examined the evidence, and in my judgment your son was not elected and is not entitled to the seat. ' ' Whereupon English 

replied that since he had not made any record on the case he could 

step out while the vote was being taken; that they had had a good 

deal of trouble in Indiana, and it was everything to them that his son should be eated; and yet this distinguished gentleman and ex-member saw no impropriety in all this. 

. It will be remembered that one of the distinct charges of the member from Michigan was that while the case was actually under consideration by this House he had sent for members and ta.ken them into 

consultation in reference to this case and with the view of influencing 

their action in respect thereto. Hon. ORLA~DO B. PoTTER, of New 

York, and a Democrat, testified before thesubcommittee that while he was in his seat, and while the case was under consideration, he received a note from Ir. English to come to the cloak-room on the Democmtic 

side of the Hou e; that he complied with the request; that in the 
[ r 

[r 

. 

. 

,, = = -= = 

5972 CONGRESSIONAL RECORD-HOUSE. JULY 3, 

cloak-room he found English and Senator VooRHEES, of Indiana, an- other distinguished Democrat; that English there told· him that he had 

heard that his [PoTTER's] opinion was against the right of his son to the 

seat. PoTTER told him that what he had heard was true; that he had 

carefully examined the case and he did not think his son was elected, 

but that Mr. Peelle was. He al<>o told him that he [PoTTER] intended 

to speak for Mr. Peelle. Mr. English requested him not to tight them 

on the floor; that he should not speak; that the Senator joined in this 

request, and out of deference to their joint request he did refrain from 

speaking. 

Yet this distinguished ex-member, for eight years a member of this 

House, familiar with its rules and privileges, told the investigating 

committee that he saw no impropriety in it. Sir, I am not surprised that 

Mr. Potter upon his return from that interview should say to Mr. HoRR 

that this sort of busin~s was an outrage. Knowing him to be a highminded gentleman, honorable and strictlyconscientiousinallhis transactions, I would not have been surprised if he had ordered this man 

from the floor of the House. 

But the evidence of Mr. PEEL, of Arkansas, is not less damaging than 

that of Mr. POTTER. 1\Ir. PEEL, of Arkansas, and he is a Democrat, testified that after he had voted upon the first propos~tion, English came 

down to his seat and asked him if he was going to stand by and see a 

Democrat slaughtered. He replied to him that if it were at the polls 

he would vote for his son, but he had examined the case, and he was 

satisfied that his son was not entitled to the seat. Whereupon English 

replied: r( All right; time will make us all even." Such, sir, is the 

character of the evidence against this man and his conduct during the 

consideration of this case. With all due respect to the gentlemen who have joined in the majority report, I protest against it. It is a violation of the evidence, and· 

the evidence does not justify its conclusions. I care not whether the 

accused be a Democrat or Republican, such extraordinary. conduct 

during the consideration of a measure affecting the right to a seat in 

this House ought not to be tolerated. By the adoption of such a re-

. port we say to the country that this sort of thing is right and proper. 

Sir, I protest against it. Whether English or Peelle was entitled to 

the seat was not a political but a judicial question, to be determined 

from the evidence, and no man knew this better than Hon. William. 

H. English himself. If it was right or proper for him to come upon 

this floor at such a time and seek to influence the votes of any of the 

members of this House, it is right and proper for him or any person to 

enter the jury-room after the cause has been tried, the evidence closed, 

and the jury sent out under the charge of the court to :find according 

to the law and the evidence. Sir, there is not a lawyer upon this floor 

who does not know that such an interference with the deliberations of 

a jury would invalidate any verdict they might render. 

If it is proper or decent for this man to appear here at such a time and 

· seek directly or indirectly to swerve any of the members of this House 

from a ta.ithful performance of their duty, it is right and proper for any 

litigant or his father to approach the highest judicial tribunal in the 

land after the cause has been fully heard and submitted. What court 

or judicial tribunal in this or any other civilized country would tolerate such an interference? 

Sir, had Hon. William H. English remained at home during the consideration of this case Stanton J. Peelle would not have been deprived 

of his seat upon this floor. Mr. Peelle had been h<;>nestly and fairly 

· elected. So thought the distinguished chairman of the Committee on 

Elections, and he is also a Democrat. Such was the deliberate judgment of thirty-one Democrats upon the other side of this House as expressed by their votes. But I will not longer weary the patience of the 

House. The question, sir, is an important one; it affects the honor 

and integrity of every member upon this floor. We can not by any 

action we may take here to-day undo the wrong and injustice done 

Mr. Peelle in taking from him a seat to which he was clearly entitled. 

That remains for the people of his district. They will see to that. The 

people of Indiana believe in equal rights and fair play. 

I bad the honor to occupy a seat in the immediate vicinity of that of 

:Mr. Peelle, and I want to say that a truer gentleman or a more conscientious Representative I have never known; but though we may not 

have it in our power to place him back in his seat, we can by promptly 

passing the resolution submitted by the minority of the committee 

· place the seal of our condemnation upon the fraudulent mean8 by 

which he was deprived of his rights and the people of his district wholly 

disfranchised. 

Mr. BAYNE. I suppose this debate should be alternated somewhat. 

Before I proceed I should like to hear one of the gentlemen on the other 

side. [Cries of " Go ~head ! " and " Vote ! " " Vote ! "] 

Mr. HAMMOND. I thought the gentleman from Arkansas [~1r. 

ROGERS] desired to speak. 

Mr. BAYNE. He is now in his seat. 

Mr. HAMMOND (after a pause). I believe he does not desire to 

speak now. :Mr. BAYNE. I would like to have the Chair inform me when I 

have consumed ten minutes. 

Mr. Speaker, it would have been a fairer way of disposing of this case 

if some of the arguments upon the other side had been first presented. 

But gentlemen on that side seem disposed to withhold any remarks 

until we shall have concluded ours. They reserve the closing speech, 

which all lawyers know to be a very decided advantage. If it were 

not for the supreme strength of our case I should in ist that something 

be :first said on the other side. But when the Hou e of Representative 

is confronted with the state of facts presented by this evidence argument either one way or the other can not swerve the House from a correct conclusion, if conscience is to be the guide in the casting of the 

vote. . 

What have we here? We have the House of Representatives organized under strict rules, which exclude from the floor everybody except the necessary officers of the House and a few privileged person . 

The latter are admitted by courtesy. Why? Because they are presumed to be above reproach. It is snppo ed that in coming upon the 

floor they will do nothing unbecoming a gentleman and a man of honor 

in the presence to which they are admitted by this courtesy. 

. What wa.') the conduct of Mr. William H. English? The contestedelection case of Peelle vs. English was pending before the Committee on · Elections. Before that committee had reported Mr. English came to 

Washingt-on. He went to every Democratic member of the committee 

and importuned him to vote in favor of seating his son. Hecameupon 

the floor of the House and importuned on the floor every Democratic 

member whose attitude was in the least doubtful to vote in favor of 

seating his son. He learned that the distingui bed chairman .of the 

Committee on EJections [Mr. CoNVERSE], my honored friend from 

Missouri [Mr. BURNES], the gentleman from Loui iana [~1r. ELLIS] 

the gentleman from New York [Mr. POTTER], the gentleman from 

illinois [Mr. l\fOULTOX] and various other gentlemen on this floor had 

consciences which they proposed to assert. He approached them; he 

did everything that lay in his power to persuade them either not to vote 

at.all or to Yote for his son. \Vhat arguments did be use? Why, sir, 

he said that to refuse the eat to his son would ruin the Democratic 

party all over the country; that the party had a hard :fight out in Indiana. "Are you," he said in substance, "going to slaughter aDemocrat in this way? '' He made the strongest partisan appeals to Democratic members of this House to seat his son and unseat Ur. Peelle. 

He went to the gentleman -from New York [Mr. PoTTER], who was to 

deliver a speech in favor of Mr. Peelle, and having failed to prevail on 

him not to vote in behalf of Mr. Peelle, he did prevail on him not to 

make the speech he had intended to deliver. 

He secured pairs in the Committee on Elections. He even went so 

far as to draw into this case the wives of gentlemen of high standing, resorting to every device that could be known to a politician to secure the 

end he bad in view. Time after time he visited the members of the 

Committee on Elections at their homes. Time after time be came to 

them on the floor of the House. Time after time he went to members on the Democratic side of the Hou.Se and importuned them in every way 

that lay in his power. He did his best to persuade the Democratic 

members of this House to vote for his son on the ground that to vote 

otherwise would ruin the Democratic party, on the ground that the Democratic party had no right to slaughter one of its sons. And he wound 

up all thi action with the menace, addressed to a Democratic member, 

that ''time would make all things even,'' or something to that effect. 

:Mr. ROGERS, of Arkansas. Will the gentleman allow me--

Mr. BAYNE. No, sir; you refused to speak and let me hear what 

you had to say. He said that "time would make all things even," 

thus intimating that his great purse should be used to visit punishment 

upon tho e Democrats who failed to come up to the mark and do their 

partisan duty in this matter . 

:Mr. WELLER. Will the gentleman permit me a question? 

1\fr. BAYNE. I have not the time. 

1.1r. WELLER. My name is involved in this matter; and do you 

deny me the privilege of a question at this time? 

Mr. BAYNE. Mr. Speaker, I claim the floor. 

Now, sir, this Honse is confronted by the state of facts I have recited; 

and the vote on this question will indicate the political ethics that regulate the conduct of members. 

What rule was violated? No express rule, I believe, according to the 

construction which bas been put upon the rule by Mr. Speaker CARLISLE, by the gentleman from Indiana [Mr. HoLMAN], by Mr. Garfield, I am told and by others. These gentlemen, it is understood, 

have held that Rule XXXIV applies only to cases where the person 

admitted to the floor advocates a matter in which he has a pecuniary 

interest. I leave· Rule XXXIV entirely out of this case. But there 

is a rule of parliamentary law which applies to this case, and which is 

as well known as Rule XXXIV can be. What i that rule? That the 

Hou e of Representatives, while deliberating, while acting, should be 

free from all external influences, and that no man should come upon 

the floor of the House of Representatives and undertake to participate 

ill. the deliberations of that body unless he is a member of it. Let me read the definition of this power; this rule which rises in magnitude 

and in dignity way above Rule XXXIV, and includes it and a multitude of great principles not involved in Rule XXXIV. 

That the e privileges must be continually progre ive, seems to result from 

their rejecting all definition of them; the doctrine being that "their dignity and 

independence are preserved by keeping their privilege indefinite. and that 
1884. CONGRESSIONAL RECORD-HOUSE. 5973 

'the maxims upon which they proceed, together with the method of ~roceeding, rest entirely in their own breast, and are not defined a~d ascertamed by any particular stated laws.' 1' (1 Bla.ckst., 163, 164; Jefferson s Manual.) 

That is the principle under which this man has violated the courtesy 

of this House. It is the idea of self-preservation, of the dignity, of the 

honor, of the uprightness of the proceedings of this h?d~; and so jealous 

is the principle of a possible infringement ofthat digruty--

The SPEAKER pro tempore (.Mr. YOUNG in the chair.) The gentleman's time has expired. · 

Mr. BAYNE. But a moment longer to :fini h the sentence. But so 

jealous is the principle of a possible infringement of that dignity that it 

says the manner of conducting these proceedings is lodged in the breast 

of its members, and whether it may be written law, there is an unwritten law which finds every member here to regard any such conduct 

as that of William H. English as a clear, palpable, and manifest violation of the privileges of this House. 

The SPEAKER. The gentleman's time bas expired. 

Mr. B.A. YNE. I now yield what remains of the time to the gentleman from Michigan [Mr. HORR]. 

Mr. HORR. I will go on now if the other side does not wish to be 

heard; otherwise I shall prefer to hear them :first. 

Mr. HA~U.IOND. Does the gentleman from. Arkansas wish to speak 

now? 

Mr. ROGERS, of Arkaru;as. I have no objection ifit be considt:red 

desirable by the other side. 

:Mr. HORR. Very well, then; I will reserve my time. . 

The SPEAKER. The gentleman from Michigan has eight minutes 

remaining. 

Mr. ROGERS, of Arkansas. Mr. Speaker, I did not care to follow the 

gentleman from New York [Mr. ~liLLARD], because he had stat.ed 

but one thing, and that was a question of fact, that seemed to reqmre a response of any sort. He states that when this charge was made by 

the gentleman from l\Iichigan [Mr. HoRR] that it was denied and positively denied by this side of the House. I challenge the reoord for the 

truth of that statement. 

lli. MILLARD. Repeat what Mr. RANDALL said. 

l\Ir. ROGERS, of Arkansas. l\fr. RANDALL never denied the statement of Mr. HoRR, but what he did say was that he stood ''as a witness to the fact that that gentleman [Mr. English] has exercised the 

most careful propriety in connection with this case." Srr, it is a most 

serious mistake, and it is a mistake which the gentleman who was. on the subcommittee on this investigation ought nottomake, afterhavrng 

read this record over and over and over again before the subcommittee. 

I state on the contrary with truth that there is not a single solitary 

denial on this side of the House of the charge made by the gentlep1an 

from Michigan [Mr. HoRR] so far a-s to the fact that Mr. English interested himself in behalf of his son by talking to members on this side. 

Not only was that admitted in debate, but it was admitted in committee and was admitted by Mr. English himself, as was stated by the gentleman from l\fichigan. · 

Now, Mr. Speaker, I might stop at this point to discuss the question 

as to whether or not, ifyou admit everystatementmade by Mr. HORR 

to be true, it is a violation of any rule of parliamentary law on this 

subject. I say it is not, and if gentlemen have authority to the contrary let them produce it. But there is one thin~ I desire to speak about 

in connection with Mr. HORR's testimony. Sir, if we are to enter in 

this discussion upon the wide domain of ethics or good taste or propriety on this floor, there are many things to investigate in the course of 

this proceeding which ought to merit the attention of this House. In 

the course of that debate l\Ir. HORR made use of this language: 

Q.. Mr. BAYNE said that he got the information from you in the first instance 

and Mr. KA ON in the second. A. He could not have gotten it from me in the first in~tance, becanse.I did ~ot 

know anything except what those gentlemen told me r1ghtthere. I did notm- corporale it in my remarks, because I did not think it was defuiite enough. I purpo ely left it out. . Q. In addit-ion to what yon have stated in the record and to which I have 

called your attent.ion heretofore, you said, "Now, if you do not believe what I 

tell you "-you were then addressing the House-" then investigate the matter, 

and I promise to prove more than I have stated, and prove it to your satisfaction," Now, in support of that allegation, have you anything further to submit to the committee? A. Nothing more than to say that at least six or seven members on your side 

of the HouseBy the CHAIRl!lAN : 

Q.. The Democratic side ofthe House? A. On the Democratic side of the House. They stated to me that the thing was· notorious, and that it ought to be stopped. 

By 1\Ir. HENLEY: 

Q.. You have given us the name of 1\fr. ELLIS. A . I can not tell who it was; it was in a casual talk. I have given the names of three members who spoke to me about theca e; but I do not think I stated 

before that I could give the name of any one who gave me specific information upon that point. 

Q.. What did those three members accuse Ir. English of; state it specifically; boil it down a nearly a-s you can to the exact language? A. That he was 'on the floor log-rolling the case for his son. Q.. That is what you referred to in the first portion of your remarks, to which I have called your attention? A. Itis. 

Q.. Wha't is there in addition to what you stated on the floor that you can furnish us information about? 

1\fr.l\Irr..LARD. That is an intimation that he meant something more than his 

individual statement. The WITh"RSS. Oh, no; what I meant by that was that there ~ould be more men to corroborate me, so that the House would be perfectly sat 1sfied. I know 

that for a. day or two it was quite common talk around the House. 

NothinO' more to prove, .Mr. Speaker; no more facts h bring before 

the Ho~ but simply more witnesses to p~ove what he bad said.; that 

after this dark hint that there was something back of all of this proceeding thatcould be brought forward to indicate corruption with reference to this gentleman that he bad alleged on the floor of the House. 

Now sir with these remarks in reference to the gentleman from 

New Y~rk 1[1\Ir. MILLARD], who submits the report of. the ~ority, I have nothing more to say about what he has stated rn this ?Onnection, and turn my attention to the gentleman from Pennsylvama. [l\Ir. 

BAYNE], who bas just addressed the House, but who:t;n I do not n?w 

see in his seat. I have shown by the record ofthe testimonyto which 

I have referred, and nobody will have the hardihood to deny it who 

takes the trouble to read the record, that the gentleman from New 

York was mistaken in the statement be made on the floor of this House 

as well as in his report, and I sought the floor during the progress of 

the remarks of the gentleman from Pennsylvania to correct him in a 

ntisstatement to which I desired to call his attention with reference to a member of this House. It will be remembered that the gentleman 

denied me that privilege. He had stated, as the RECORD will show, 

in substance that l\Ir. English, the father of the contestant, had made 

a threat against .M:r. PEEL, of Arkansas, holding a threat and a mel?-ace 

over him in a conversation they had together upon the floor. SIT, I 

appealed to the gentleman from Arkansas, my colleague here who sits 

on my left whether that statement of the gentleman from Pennsylvania was tr~e or false. He informs me that it is not true; and so the 

:first two part~es upon that side who have rushed into the lists to break 

a lance·find themselves falsified by the records. 

But sir that is not the :first offense committed by the gentleman 

from Pe~ylvania in this direction. Mr. Speaker, there is a gentleman representing a district in the great State of Iowa, who sits upon 

this floor, and the te$timony taken in this case develops the fact that 

he is a man of integrity and high character at his own home. It develops this further fact that be is the father of a family; and the gentleman from Pennsylvania in the presence of this body rose in his seat 

and stigmatized the gentleman from Iowa with reference to his alleged 

connection with facts that have turned out to be utterly groundless and 

without foundation when attempted to be supported by testimony. 

But the gentleman consumes his time in attacking 1\.Ir. English instead 

of making an honest, fair, and manly disclaimer of this offensive charge 

against the gentleman from Iowa. . . Sir, I state here plainly, boldly, and openly on this fl<?or. that this 

declination on the part of the gentleman from Pennsylvania mvolves a 

greater degree of moral turpitude than anything and everything disclo ed by the testimony in this case against th.e father of the cont~tant from Indiana or anybody else. And yet, su, he consumed the time 

of the House allotted to him in thi3 debate by attacking Mr. English 

for his connection with the contest of his son without attempting to 

make a proper disclamer or withdrawal of the offensive insinuation or 

charge used toward the gentleman from Iowa [l\Ir. WELLER] or Mr. 

English. • 

In vindication of the gentleman from Iowa, I wish to state here now 

as the sense of the subcommittee which investigated this matter, and 

as hown by the evidence submitted to the House, that be is wholly 

exonerated from anything improper in connection with thew hole transaction. 

Mr. WELLER. And the gentleman from Pennsylvania refused me 

opportunity to bring this matter to the attention of the House when he 

made his remarks, and I sought the floor for that purpose. He would 

not yield me a moment. 

Mr. ROGERS, of Arkansas. The gentleman from Pennsylvania. is 

perfectly satisfied, it seems, to make an attack upon gentlemen-an attack unwarranted by the testimony and not established by the proot 

again t Mr. English and Mr. WELLER, and yet is perfectly ~g 

and satisfied to leave these gentlemen under the cloud of condemnation 

and obloquy he sought to east upon them, and seems content himself 

to remain under the cloud with them by his declination and refusal 

·to withdraw the offensive a ertions made by him against them. 

Now, sir, I have but brief time to occupy in this debate. I want_ to 

occupy the attention of the House for a few moments as to the animus 

of this transaction. 

Sir, these gentlemen could find it in their hearts to come here and 

make an attack and direct their assaults against a man in this case whom the law and the facts show to be guilty of nothing whatever. 

If there is anything at all in the character of the transaction it is a 

mere question of propriety or of ethics. Itisnoin:fringementnpon the 

privileges of the Hou e; and yet they come here with a garbled report, so badly garbled in the light of the testimony taken by t~e com- mittee as to make it practically indeed a false report npon Its face, 

fal e in part, and fal e as a whole, because it is a garbled report, not 

justified by a fair construction of the evide_nce. Sir what is the animus of these parties? If they desired to reach 

somebody for a. violation of the rules of the House why did they not 
5974 CONGRESSIONAL RECORD- HOUSE. u 0.UY 3, 

take up Gr ·en B. Raum. He st:mdshere au ex-memberof Congress, a 

Republican ex-member of Congress; and he admits broadly he was employed in cases pending before Congress and that he was on the floor of 

this House r~ eatedly during this ession. 

1r. JOSEP-I D. TAYLOR rose. 

1\Ir. HOGERS, of Arkansas. The gentleman will excuse me. 

Ir. JOSEPH D. TA~LOR. I merely desire to ask the gentleman 

a question. 

nir. ROGERS, of Arkansas. The gentleman will excuse me. I say 

Green B. Raum admits himself that not only was he on the floor, but 

that he talked to membeTS of this body on the whisky bill during the 

time it was pending before Congress. Another witness~and he is a 

Republican witness, ·Mr. WHITE, of Kentucky-,says Raum was here 

wh~n the debate was going on in consn.J..tation with another member on 

the floor of the House; and he was likewise here, as I recollect the evidence now, when the vote was being taken. 

'\Vny do not these gentlemen, if they desire to find somebody to condemn; somebody to asperse-why do they not condemn a man who is a 

self-confessed violator not only of the general parliamentary law but 

of the thirty-fourth rule of this House. He says he was employed by 

the whisky a sociation, received money from them, appeared before the 

Ways and Means Committee, and the proof shows he was on this floor 

· pending the consideration of the bill. 

The ~3PEAKERpro tempore (Mr. YouNG). The time of the ge•tleman ha expired. 

1Hr. ROGERS, of Arkan as. I should like one moment more. 

Mr. HAMMOND. I yield the gentleman another minute. 

Mr. ROGERS, of Arkansas. Tho distinction between Mr. English 

and Mr. Haum was this: Mr. English was here in the relation of a 

father to a son, not employed as a counsel or agent, nor pecuniarily interested in his son's contest; ami it is not contended he had any 

other relation than that of a friendly interest. But Green B. Raum 

was the hired oounsel of the whi ky association, and fell directly under 

the provisions of this rule. 

Sir, I state in conclusion that in the Forty-second Congress-and I 

will cite gentlemen to the RECORD, if they desire it-Mr. Garfield, of 

Ohio, said in discussing this rule the meaning of the word ''interest" 

was that it was a pecuniary interest. Ra.um fell within the provisions 

of the rule directly. English was neither an agent nor a hired counsel, 

and testified he had no interest direct or indirect, pecuniarily, in the 

results of this contest, and hence he did not fall under the rule. If 

the whole animus had not been to make political capital out of a man 

whose shoe-latchets they are unworthy to loose, why did tthey not select Raum? 

Mr. BROWN, of Pennsylvania. Do the majority say anything in 

their report about Green B. Raum? 

Mr. ROGERS, of Arkansas. The majority state in plain language 

that he violated the rules of the Honse, and the testimony shows it. 

.And I go one step further, and say he is the only man who appears here 

and flagrantly violates the rules of the House by being on the fioor 

pending the consideration of the bill and during the period when the 

vote was being taken. When we a ked the gentleman fr.om Kentucl.'-y 

[Mr. WHITE] for his information, when he spoke of parties who were 

lobbying for the whisky association, be said that Green B. Raum went 

out at one door and another gentleman at the same time went out at 

another, and remarked in passing, '' The wicked flee when no man pnrsueth. '' My time is up and I yield the floor, with thanks to my friend 

from Georgia for the exten ion of time. 

[Here the hammer fell.l 

Mr. HAMMOND. I yield seven minutes to the gentleman from 

California ( Ir. HENLEY J. 

Mr. HE~ LEY. It is altogether expedient for t.his House, in the first 

place, to make a brief inquiry and ascertain with accuracy the specific 

charge that in' pired this investigation; and I suppose I may saiely refer to the gentleman who offered the resolution as an interpreter of the 

purposes tor which he oftered it. And I want to see whether or not the 

resonant and vaunting declaration·which was made on the other side 

of this House, that they would not only pro-ve everything which had 

heen intimated on this tloor but a great deal more-l want to see how 

that ha been fulfilled by the testimony that has been tak~n by this committee. 

What, sir, was the specific charge upon which the resolution was 

predicated? Tbegentlemanfrom enn ylvania: [Mr.BAYNE] himself ~s that it was because information b~d been conveyed to him or because he himself knew that .Mr. English, sr., had taken the gentleman 

from Iowa [Mr. WELLER] to the cloak-room, or to some secret place, 

and had there subjected him to improper influences, and had changed 

thf? course of the gentleman from Iowa 1rom that which he had been 

previou ly following in this case. That, sir, was the charge which the 

gentleman from Pennsylvania; made on this floor. When he was interrogated before the committee as to who it was he referred to, in order 

that there might be no mistake in this matter, he said he meant l\Ir. 

WELLER, of Iowa. How has that charge been made good? I ask Representatives upon this floor to note bowthathasbeensustained. There 

wa no pretense of any question of propriety or moral ethics or mere 

decorum on the part of Mr. English or as to the cut of his coat or the 

color of his cravat. The charge was that be had taken a lllL·lllber on this floor off to some place and there subjected him to some sini ter influence which had operated on that member'sconduct i1u;otingon this 

case. 

Now, sir, wbatisthere3ultofit? WecalledGeneralBA.YNE-andi 

speak of him now by name, because I am dealing with him as a witnesss and not as a member of this Hou e. We called him before the 

ccmmittee and said: ''General, you said so a.nd so; that :Mr. English 

did so and 80 with Mr. WELLER. Where is your proof? How do you 

know it?" "Oh," he said, holding up his hands, ' :I have no personal knowledgeofit." ''Whotoldyouso?" '' Ir.HORR, of-Michigan, told me so." Then the committee called Mr. HORR. ".Mr. 

HoRR, did you say so and so to Mr. BAYNE?" '· Oh, no," says the 

gentleman from Michigan, · I know nothing personally at all about 

it; I got my information from l\Ir. KASSOY and Mr. BAYNE." We 

then called Mr. KASSOY. "Mr. KASSON, what do you know about 

it?" Mr. KASSON said, 'I do not know anything about it; I got my 

information from Mr. BAYNE and Mr. HORR." 

And so they go on round and round in a circle. We would call one 

and he would putitoffon another; and wewouldcall that other, and he 

would put it off on the one just called. And so when you come to 

sift this thing down to the bottom it appears that the gentleman from 

Pennsylvania, in a spirit-! can attribute it to nothing else-of the 

blindest a.nd most vindictive partisan hip, without making any inquiry 

at all as to the verity of the information which he bad received, and 

without apparently thinking it worth while to mttke any inquiry, ri e 

in his place on the floor of this House and with due solemnity offers a resolution the effect of which will be, as I fear, nothwith tanding 

this resolution of exoneration, to fix .an everlasting stigma upon the 

reputation and fame of Mr. WELLER, although the proof in this case 

shows and gentlemen of the other side on the committee have admitted that so far as this charge is concerned he stands here as pure 

and as innocent as the child unborn. 

Yet we have here the extraordinary pectacle of the gentleman from 

Pennsylvania. [Mr. BAYNE] when he has an opportunity to exoner.ate 

and 'tindicate and acquit the gentleman from Iowa [Mr. WELLER] 

sitting here with sealed lips, knowing a be does that there is not a 

scintilla of proof in this case in support of the allegation which he so 

solemnly made on this floor. 

It is admitted that Mr. English did not subject the gentleman from · 

Iowa to that interview. It is admitted that Mr. English did not violate Rule XXXIV. And now we come down to the question of ethics 

and of propriety. Why, it is urged that was indelicate in Mr. English 

to do this and that and to urge his son's causeon this floor. Probably 

it might be. But I am reminded of a speech of the great Irish orator, 

Mr. Curran, ~fore a jury, when upon a certain oCcasion, speaking of 

the conduct of his client which ha4 been criticised, he said: "Why, you 

expect my client, when all the :fiends of hell are tugging at his heartstrings, to stand before a mirror and bid the streams of agony to flow 

decorously down his cheeks.'' 

The senior English, knowing his son to have been villainously-! wa 

going to say euchred out of his election in Indiana [laughter], came 

here to Washington and came upon the floor of this House. What does 

he see? He sees a Republican enator of the United States coming 

upon the floor of the House soliciting, importuning-he sees all that 

kind of thing going on. 

Mr. ?t:IIJ_,LARD. Will the gentleman allow me? 

Mr. HENLEY. Of course I will allow ydu. 

Mr. MILLARD. Is there a, particle of evidence in this case--

Mr. HENLEY. I am not talking about the evidence in this ca e. I 

am talkrng about what the gentleman himself and every observant gentleman upon this floor saw; that is what I am speaking about. 

Mr. M.ILLARD. The gentleman as a lawyer--. 

[Here the hammer fell.] 

1tfr. HENLEY. My time is up. I say in conclusion that t he senior 

English, seeing what was going on upon the Republican ide, is not to 

be criticised in probably overstepping the limits of trict decorum and 

delicacy of demeanor. I now yield the floor to the gentleman from 

Georgia [Mr. HiliMOND]. 

Mr. HA1t1MQND. I understand the gentleman from Michigan [Mr. 

HoRR] will now occupy the time to which be is entitled. 

Mr. HORR. The charge which I made on a former occasion is explicit: 

I uow rise and say that it bas been brought to my notice by a Democratic 

member of this Hou e that an ex-member of Congress, who is the father of one of the litigants in this case, has been on the floor of the House soliciting mem- bers, sending for them, taking them into consultation, and attempting to influ- ence them in their votes on this case. 

If that be true, then it was such; a violation of the dignity and integrity of this House that it ought not to go unnoticed. The que tion now before us is, has that charge been sustained ? 

If you will look at the testimony of :Mr,. POTTER, of New York - and 

nobody denies that he is a Democrat-you will see that he wears that 

he told me that 1\Ir. English was doing exactly that thing, and that it was an outrage aud ought to be topped. Now that is proof enough on 

that point, is it not? He is corroborated by Mr. MouLTON, of Illinois, 
1884. CONGRESSIONAL RECORD-. HOUSE. 5975 

by Mr. PEEL, of Arkansas, by Mr. ELLIS, of Louisiana, and by Mr. 

English himself; for :rtfr. English, if you will read his testimony, testifies that day in and day out he went about the House importuning 

members, begging of them to vote for his son, and warning them that 

they were injuring the Democratic party if they did not stick together 

without regard to their comictions and vote to oust ltfr. Peelle. 

Mr. HENLEY. Mr. English never said anything of that sort. 

Mr. HORR. Read the testimony. 

Mr. HENLEY. He never said anything of the sort. 

Mr. HORR. Now the gentleman from Kentucky [Mr. ROGERS] 

says-- · Mr. ROGERS, of Arkansas. From Arkansas. 

Mr. HORR. I beg the gentleman's pardon. I apologize also to Kentucky. [La.ughter.] The gentleman stated that they on that side of 

the House did not deny my charge at the time. You stated just now, 

my friend from Arkansas, did you not, that nobody denied on your 

side of the House the charge that I made? 

1r. ROGERS, of Arkansas. I challenged the record. I gave my 

reading of it. Now show the contrary if you can. Mr. HORR. I thought at the time nobody had denied it; and I 

stated in these words that you had not one of you denied it: 

I was about to say, Mr. Speaker, to my surprise, that since I have called the at- tention of the House to this matter, among all the speakers on that side of the House not a single one has risen in his seat and denied a single charge that 

has been made in this case. 

Whereupon Mr. CosGROVE, of Missouri, who is a ~emocrat, is he 

not? Where is Brother COSGROVE? 

Several MEMBERS. He is a Democrat. 

111r. HORR. Mr. CoSGROVE said: 

It is all denied. 

So much for that. 

T.he gentleman from Peimsylvania [Mr. RANDALL] soon after said: 

There is no admission on this side of the House of that sort. 

Is Brother RANDALL a Democrat? I know you read him out of the 

party not long ago, but he is back now:, is he not? [Laughter.] Now, 

you did deny it. The proof is overwhelming that exactly what I stated 

was true, and the question is wh:ether that is a violation of the dignity 

of this House. An election case goes to the very existence of this 

body--

1\fr. ROGERS, of Arkansas. Mr. Speaker, one momentMr. HORR. My time is so limited--

Mr. ROGERS, of Arkansas. Just one moment. I desire to say, in 

justice to myself and to the gentleman from New York [Mr. MILLARD J, 

that I had not noticed the expression of Mr. COSGROVE. 

fr. HORR. You did not notice it? 

Mr. ROGER..~, of Arkansas. No, sir; I did not observe it. 

Mr. HORR. Very well; that is satisfactory to me; I accept your 

correction-of yourself, I mean. 

Now, Mr. Speaker, the real question here is whether that kind of 

conduct is proper. Is there a Democrat here who thinks it right when 

we are trying the question whether a man is entitled to a seat on this 

floor, and the proof becomes so convincing as it did to the able chairman of this committee that he can not vote to seat a Democratic contestant-is it right because the contestant has a father who was once a 

member of the House, more than that, a father who has once held before the American people a still more distinguished political positionis it proper for that man to come upon the floor of this House, to go 

from member to member and tell them-what? That his son was 

elected? No. That his son under the law ought to be seated? No; 

'because my friend from Illinois [Mr. MOULTON], a better lawyer than 

Mr. English, told him, "I have examined this case~ and I am satisfied 

that your son was not elected." Then bfr. English replies, "Well, 

. you have not voted yet. Now, just leave the Hall and don't make any 

:record at all.'' What for? For the benefit ef the Democratic party? 

Then he struck Brother CooK; and his solicitude then was for the ben-

-efit of the Greenback party. [Laughter.] Then he ~truck Brother 

PEEL, of Arkansas, and his concern was for the interest of Mr. PEEL, 

because, a.s he said, ''Time will make all things even.'' That was a 

way of saying, "You vote against my boy, and I, the ex-candidate for 

Vice;President on theDemoctatic ticket, will hunt you out before you 

get much older. That is what it meant. Conie now, my Democratic 

fi'iends, is that what you call sustaining the dignity of the American 

'Congress? Is such conduct proper? ·Now, I say, Mr. Speaker, in all 

eandor-I can not go into the testimony, but any man reading it will 

.come to this conclusion-that this man did what no sensitive man 

ha-ving a true sense of the honor and dignity of the American Congress 

>Could do. 

[Here the hammer fell.] 

. . 11fr. HAMMOND. I yield two minutes to the gentleman from In-

-diana [M:r. HOLMAN]. 

Mr. HOLMAN. Mr. Speaker, it seems to me a great deal more time 

and attention have been bestowed on this subject than its real and intrinsic 

merits warrant. In my view the propriety of the conduct of 1\fr. Engllish as an ex-member of this House in coming upon this floor and his 

action while here is to be judged of entirely by reference to the rules of 

tbe House. I am willing to admit for myself that I have always indulged the belief that the present rule, as well as the rule which preceded it, and indeed any rule admitti:t1g upon this floor other persons 

than members themselves-the men responsible for legislation-togetherwith the necessary officers or employes of the House,.and perhaps 

heads of Departments, is not dicta.ted by wisdom. 

I have always entertained that view, and I do still; but the rule of 

the House is otherwise, and that rule of the House must be appealed 

to in determining the propriety of the conduct of any gentleman coming upon the floor. And that rule is very brief. A gentleman having 

been a member of the House is entitled to the privileges of the floor 

if he has no interest in any claim pending in Congress and is not directly 

interested in any pending bill. It has not been pretended by any member that Mr. English had any interest in any claim pending within the 

meaning of the rule, or that he had ally direct or indirect interest in 

any bill pending before Congress. That is clear beyond all question; 

and being admitted to the floor of the House under the rule, in the absence of any such interest the only question that remains, therefore, 

is whether or not conversing with members of the House touching a 

measure affecting his son was an abuse of the privilege of the House extended to an ex-member. I think a sense of justice in every member 

of the House must force him to the conclusion that if Mr. English was 

rightfully admitted to the floor, his conversing with members on a subject not included in the rule was not a breach of the privileges of the 

House. There was no violation of the rule, and the rule is the law 

of the House. 

The SPEAKER pro tempore. The gentleman's time has expired. 

Mr. HOLMAN. I wish merely to say in addition that the very important fact which was established before the committee, that Mr. English consulted with the Speaker of this House, a gentleman honored by 

both sides of this House for his moderation, impartiality, and fairness, 

as to the propriety of his presence on this floor during the pendency of 

the election contest, and was informed by the Speaker that it was not 

improper, ought to be conclusive of this controversy. 

Mr. REED. I suggest the gentleman from Indiana should be amenable to th~ rules of the House he admires so much. 

The SPEAKER pro wnpore. The gentleman's time has expired. 

Mr. HOLMAJ.~. I ask the gentleman from Georgia to yield me one 

minute longer. 

Mr. HAM IO:ND. I have only six minutes remaining. 

Mr. Speaker, I do not know exactly what to say. The gentleman 

from New York [Mr. MILLARD] has said that no man of sen:!'le could 

differ with him in this matter, and I am not willing to ,admit that I 

am a fool. The gentleman from Pennsylvania [~fr. BAYNE] has said 

that no honest man can differ from him, and I never was charged with 

dishonesty until I drew a seat on the Republican side of the House. 

[Laughter.] 

I desire to look at this thing plainly. I do not know Mr. English 

or care anything about the case personally. I know nothing in this 

case but the law. A resolution is offered that the conduct of Mr. English on the floor of the House was '' improper and a breach of the 

priviley;es of the House." The committee was not raised to pass upon 

a question of propriety. The question if? whether his conduct was a 

breach of privilege. Ge~tlemen were asked before this report was 

written to cite in all the history of all the parliaments of the earth"any 

precedent that quiet efforts at persuasion to vote on a particular case, 

without corruption, had ever been held to be a breach of parliament, 

and they were silent. 

The resolution we are asked to adopt is that his conduct on the floor 

was a breach of privilege, and gentlemen tell you what his conduct was. 

They have descended-and I say it as respectfully as an honest man ought 

ro-they have descended to invade the privacy of a family. And because 

Mr. English admitted that he had called upon a member of the House 

at his home, and, :finding him away, had spoken to his wife and asked 

her to aid him in getting his son seated, therefore they urge that we 

shall, because of his conduct ''on the floor,' say that he committed a 

breach of the privileges of this House. That is the argument they 

make and that is all they can make. 

· The gentleman from Michigan [Mr. HORR] also alluded to the fact 

Mr. English is a man of distinguished political position. He was · 

elected--

Mr. REED. Oh, no; you ·mean the other man. 

Mr. HAMMOND. But never got it. That is the real secret of the 

whole trouble. 

Several ~lErtiBERS. Yon mean Hendricks? 

Mr. HAMMOND. Yes; the truth is, I am so full of that great political wrong I blundered. 

Mr. REED. You are not only full, but boiling over. 

Mr. HAMMOND. The truth is simply this: There was an effort 

made (and that is all there is in the case) to bla<:ken the reputation of a. man because he was a distinguished Democrat. These gentlemen come 

.here and with lofty words talk about the dignity of the House, the un- bounded dignity, and the gross outrage, and say let us punish this 

grand culprit. How? By v~ting that he shall not come upon this 

floor next winter. The very limit of their proposed punishment shows 

how little they thought of law and logic. If it be true th:;~,t this distinguished man has violated the privileges of this House as charged, 
597() CONGRESSIONAL RECORD- HOUSE. JULY 3:,. 

an honest man would take away from him the right ever again to put 

his foot within its sacred precincts. 

111r. MILLARD. Will you allow me a question? 

!fr. HAMMOND. I can not. 

I characterize it, therefore, as a terrible strain to bring out a conclusion; as a struggle of the Republican mountain, and not even the birth 

of a mouse. The test.imony in this case Rhows that Mr. English used 

the ordinary means, as he swears, of persuasion, like a man electioneering for office. He says he used personal influence with this man and 

that man and the other. 

The charge as originally brought, and by innuendo insisted upon, was 

that there had been direct corruption of a member of this House. That 

is all. Nobody now pretends that it is trne. Nobody pretends that 

thereisanythingliketrnth in it; but they come nowandsimply say as 

a matter of taste he ought not to have been here electioneering for his 

son. I now move to lay the whole matter upon the table. 

Mr. WELLER. I rise to a question of personal privilege. 

The SPEAKER. The gentleman will state it. 

Mr. WELLER. I read from my remarks on this floor the day after 

the resolution was presented to the consideration of the House by the 

gentleman from Pennsylvania [Mr. B.A YNE]. I then .said: 

1\ir. Speaker, this is not the first time I have had occasion to discredit the judgment of the gentleman [1\Ir. BROWNE, of Indiana.] in the matter of his views and opinions. [Laughter and applause.] I stated to the member who particularly importuned me and assured me of the glory I could win that his appeal came too late, for I had already voted. [Laughter.J I would most certainly myself, Mr. Speaker, when this matter came up for con- sideration on yesterday have spoken and voted for an inve tigation by a com- mittee of all improper acts on the part of any one on this floor in the premises . of a question of the high importance of a. rightful seat as a member of this Hou e. I am informed by reading the record of yesterday's proceedings that a commit- tee for the investigation of this whole matter has been appointed. I am glad that this has been done, and I trust that it will do its work immediately and per- form its duty in this matter most thoroughly. I am not slow to perceive that there may be a deep underlying purpose in the bringing of my name into this business. 1\Iy c~ntinuous presence here on this floor during the hours of ses- sion of thi House, and my persi tent objections to measures that were repeatedly presented for consideration, ha doubtless rendered me very objectionable and obnoxious to certain members, and to others who are not members. 

I now read from the evidence of the gentleman from Pennsylvania 

[1\Ir. BAYNE] who presented the resolution to investigate. · 

:Mr. KEIFER. So far I think no question of privilege has been 

stated. 

Mr. WELLER. I am laying the basis for my question of privilege, 

and will amply disclo e it in a moment if the gentleman from Ohio 

[Mr. KEIFER] will listen. 

The SPEAKER. The Chair will state that so far the gentleman has 

certainly not disclosed anything in the way of a matter of personal 

privilege. The gentleman will proceed and state his matter of privilege. · 

.Mr. WELLER. I trust that no one will object or endeavor otherwise to hinder me, as I am one of the principal parties attacked by this 

resolution, and I propose to show it, and to show why the Republican 

members of the .committee fail to state here openly that naught has 

been found.against me. 

I read from page 30 of the testimony taken before the investigating 

committee; first, the answer given by the gentleman from Pennsylvania [Mr. B.AYNE] to a question by a member of the committee. 

Mr. B.A YNE answeredA. What I kno\V about it is purely a matter of information. I was told that 1\Ir. WELLER, of Iowa, had been called from his seat, and had gone away from the House, and refused to take part any further in the deliberations and pro- ceedings of the House on the morning referred to. Q. Who was it gave you the information? A. It was Mr. HORR, of Michigan ; and if I do not mistake somebody else told me that, but who it was I am not s ure. Q. You do not remember who the other person was? A. No, sir; I do not remember who the other person was. Q. Did 1\Ir. HORR profess tO have personal knowledge of it, or did he derive his knowledge from information ? A. I do not know that Mr. HORR professed or did not profess to have personal 

knowledge. His statement to me was that 1\Ir. WELLER had been approached, had been taken away from his seat, had a consultation with 1\Ir. English, sr., and that 1\Ir. WELLER had th~n disappeared from the House. It was on the strength of that information that I offered my resolution. 

:Mr. HART. Mr. Speaker, I raise the question of order that the 

gentleman has not stated a matter of personal privilege. · . 

. The SPEAKER. The Chair thinks the gentleman has so far not 

presented a question of privilege. 

Mr. MILLEil., of Pennsylvania. I think the gentleman from Ohio 

ought to withdraw the point of order. There is no question but that 

"the gentleman from Iowa" is indirectly affected in this investigation 

of Mr. English and the House owes it to him and itself to hear him. 

The majority report exonerates him entirely, and I understand that 

the minority concurred in this, although it does not appear in the minority views. In the interest of fair-play, I ask that no point of 

order be interpo ed. I understand that the committee unanimously 

noo-reed that no blame whatever attached to the gentleman from Iowa 

[l\Ir. WELLER]. . 

The SPEAKER. Without objection the gentleman will proceed. 

Mr. RE~D. I should think we ought to have a right to make ol;>-

jection after we find out what it is about, if we can find that out. 

Mr. WELLER. Thegentlemanwill be·able-to.fin.d..itoutifhe bears· 

with me patiently for a moment longer~ I desire to make it clear beyond question that not even the shadow of stain. is left to rest againstme, my integrity or conduct in any particular in:\\ohect in this investi-· 

gation. 

Mr. REED. There is too much patience in. this matter. 

Mr. WELLER. No doubt from your standpoint of observation thereis. 

l\Ir. KEIFER. The custom has been in such matters for a gentleman rising to a matter of personal privilege to disclose the fact atfirst 

that what he refers to does present a matter- of privilege. 

The SPEAKER. That is the custom of the House, and the gentleman from Iowa should present his question of privilege so that the House· 

may determine for itself. 

Mr. WELLER. The qttestion of privilege is this: as I stated in my 

remarks on the floor of this House on the-day subsequent to the introduction of the resolution for investigation by the gentleman frolllJ 

Pennsylvania [Mr. BAYNE), and which remarks I have just read, 

I supposed, from my reading of the record of proceedings then had,.. 

and also from the reading of this resolution in question that the committee appointed to investigate under the resolution were not only authorized but directed to make specifi.c report as to. ruy connection with. 

the charges of improper conduct, but I find that the resolution was• 

not so drawn as to direct a specific finding as to myself personally; but 

the majority report of the committee entirely and completely exoner~ 

ates me; the minority report fails to make the least mention of my 

acts at that time, fails to allude to me at all. I want the minority to. 

state unmistakably either that I am or am not guilty of improper con- duct in the English-Peelle contest. 

Mr. RANDALL. I understand there is not a man on the committee that does not exonerate the gentleman from Iowa. 

Mr. ~ENLEY. That is so. That is true of gentlemen on both. 

sides. 

Mr. RANDALL. I am glad of it, and I want to put that in theRECORD. 

Mr. WELLER. I want to go a step further. An examination or 

the minority report appears to show that it does not specifically involveme or my reputation one way or the other. It is true that the members of the committee on the Democratic side have made a report that 

completely exonerates me; that I am as free from anything dishonorable as a new-born babe, and the gentleman from New York [Mr. MILLARD], member of the committee representing the other side, stated to. 

me in the committee-room that there was nothing found against me, 

yet other gentlemen on the Republican side who were of the committee or implicated in making the charges or giving them currency, havehere uttered no word exonerating me, but have made their remarksror remained in their seats with closed lips, allowing the minority report to go to the country as a sort of a whitewash. 

I say it seems to me this does involve my right to rise to a question. 

of privilege. If I am not to be blamed, if there is no moral turpitudewhatever that can be attached to me or to the course that I have heretofore pursued, it is but right, it seems to me, that I should in orne 

way be permitted to so raise the question that the minority wouJd be· 

put to the necessity of a disclaimer or hereafter hold their peace. 

The SPEAKER. The Chair does not understand there was an;1" . 

charge against the gentleman from Iowa [Mr. WELLER], directly or indirectly, in the.resolution directing the investigation. The Chair does 

not understand there is anything in the report of the majority or thereport of the · minority implicating the gentleman from Iowa in any 

manner .whatever in any improper conduct. That being the case, u~ 

less the gentleman has something to state outside of the report, tha Chair doe') not see that any matter of privilege is involved. 

Mr. WELLER. Just a moment. I think I can bring it to the attention of the Speaker. 

Mr. KEIFER. I insist on the point that there is no question ofi· privilege involved. 

The SPEAKER. The gentleman fi;om Ohio insists on the point that 

there is no matter of privilege. 

Mr. WELLER. I yield to the decision of the Chair, making, however, this statement that the gentleman from New York [Mr. 1.1ILL.ARD] said before the committee there was nothing in the testimon)\ 

to implicate me; and I want him now to deny my present tatement 

if my statement is not true. 

·1!fr. HAMMOND. Before the question is put I desire to make a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. HAMMOND. It has been said that without a special motioDt 

therefor the report of the committee and the minority report would not 

be printed. I supposed they would be. · 

The SPEAKER. They will be printed as documents. 

1\fr." HAMMOND. So I supposed. 

The SPEAKER. The gentleman from Georgia [Ur. HAMMO :rn } moves to lay the whole subject on the table. 

Mr. BAYNE. Upon that motion I demand the yeas and nays. 

Mr. WHITE, of Kentucky.- I desire to make a parliamentar-y :in,. 

quiry. 

The SPEAKER. The gentleman will state it. 
1884. CONGRESSIONAL RECORD- HOUSE. 5977 

Ir. WHITE, of Kentucky. Is not the vote to be taken first on the 

sub titute offered by the gentleman from New York [Mr. MILLARD] ? 

The SPEAKER. The motion is to lay the whole subject, including 

the majority and minority reports, on the table. 

Mr. WHITE, of Kentucky. But the gentleman from New York 

[Mr. MILLARD] offers a substitute. 

The SPEAKER. But the motion is to lay the whole subject on the 

table, which has precedence. Of course if the House refuses to lay the 

subject on the table--

Mr. WHITE, of Kentucky. Then the resolution of the gentleman 

from New York would be in order? 

The SPEAKER. Yes; the substitute is pending, but the gentleman 

from Georgia moves to lay the whole subject on the table. 

l\Ir. HOLMAN . . I desire to make a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. HOL~fL~. The gentleman from Georgia, as I understand, has 

reported a resolution for the action of the House? 

Mr. HAMMOND. No, sir. On behalf of the r.ommittee I made a report recommending that the whole matter be laid on the table. I 

withheld that motion for an hour in order to permit discussion. 

The SPEAKER. The que tion is on ordering the yeas and nays. 

The yeas and nays were ordered. 

l\IE SAGE FROl\1 THE SE~ATE. 

A message from the Senate, by Mr. McCooK, its Secretary, informed 

the House that the Senate in isted upon its amendment to the bill (H. 

R. 7380) making appropriations for sundry civil expenses of the Government for the fiscal year ending J uue 30, 1885, and for other purposes, disagreed to by the Hou e of Repres~ntatives, agreed to the con- ference asked by the House on the disagreeing votes of the two Houses 

thereon, and had appointed Ur: ALLISON, Mr. HALE, and Mr. BECK 

as conferees on the part of the Senate. 

The message further announced that the ·senate had agreed to the 

report of the committee of conference on the disagreeing votes of the 

two Hou es on the amendments of the Senate to the bill (H. R. 5377) 

for the allowance·of certain claims reported ·by the a-Ccounting officers 

of the United States Treasury Department. 

The message further aunounoed that the Senate insisted upon its 

amendments to the bill (H. R. 6370) to limit the time within which 

pro ecutions may be instituted against person& charged with violating 

the internal-revenue law , disagreed to by the House of Representatives, agreed to the conference asked by the House on the disagreeing 

votes of the two Houses thereon, and had appointed Mr. LoGAN, lli. 

SHERMAN, and Mr. HARRIS as the conferees on the part of the Senate. 

The message further announced that the Senate had passed without ·amendment bills of the House of the following titles: 

A bill (H. R. 6925) to amend sections 4381 and 43 2 of the Revised 

Statutes of the United States, relative to fees levied and collected from 

owners and masters of vessels in domestic commerce; 

A bill (H. R. 6677) granting the consent of Congress to the Saint 

Cloud Water Power and Mill Company to erect a dam across the Mis- sissippi River at Saint Cloud, .Minn.; 

A bill (H. R. 6409) to validate and ·cure defects in certain acts of the 

Legislative A embly ofWashington Territory; and 

A bill (H, R. 179 ) to amend an act entitled "An act to execute certain treaty stipulations relati.B.g to Chine e, '' approved May 6, 1882. 

The message further announced that the Senl:l.te had passed a bill of 

the following title; in which the concurrence of the House was re- quested: 

A bill (S. 2041) granting the .right of way to the city of Newport, R'. 

I., over the breakwater at Goat Island. 

The me....~'lge further requested the return to the Senate of the bill 

(H. R. 5709) to amend article 72 of the Rules and Articles of War. 

The message further announced that the Senate had proceeded in 

conformity with the Constitution to reconsider the bill entitled "An 

act for the relief of Fitz-John Porter," returned by the President of the 

United States to the Hou e of Representatives, in which it originated, 

with his objections, and pa ed by the Housenotwithsta.nding the objections, and had resolved that the said bill do not pass, two-thirds of 

the Senators present not voting in the affirmative. 

RULES AND ARTICLES OF WAR. 

The SPEAKER. The Chair will lay before the House the request 

of the Senate for the return of a bill. 

The Clerk read as follows: 

Ordered, That the Secretary be directed to request the House of Representa- tives to return to the Senate the bill (H. R. 5709) to amend article 72 of the Rules 

and Articles of ·war. 

The SPEAKER. If there be no objection, the request of the Senate 

will be complied with. 

There was no objection. 

CHARGES AGAJXST HO~. WILLIAl\I H. ENGLI H A~D OTHER. 

The question recurred upon the motion of Mr. HAMJIO~"'"D to lay on the table the subject of the charge against William H. English and 

others, upon which the yeas and nays had been ordered. 

The question was taken; and there were-yeas 137, nays 72, notvoting 115; as follows: 

YEA8-137. 

Aiken, 

Alexander, 

Bagley, 

Ballentine, 

Barbour 

Barksdale, 

Beach, 

Bennett, 

Blount, 

Boyle, 

Breckinridge, 

Buchanan, 

Burnes, 

Cabell, 

Caldwell, 

Campell, J. E . Candler, 

Cassidy, 

Chalmers, 

Clay, 

Clements, 

Cobb, 

Connolly, 

Converse, 

Cosgrove, 

Covington, 

Cox, W.R. Crisp, 

Culberson, D. B. Curtin, 

Dargan, 

Davis, L.H. Dibble, 

Dibrell1 Dorshermer, 

Adams,G.E. Atkinson, 

Bayne, 

Boutelle 

Brewer, F. B. 

Browne, T . M. 

Brown, W. w: 

Duncan, 

Dunn, 

Eldredge, 

Elliott, 

Ellis, 

Ferrell, 

Findlay, . Finerty, 

Follett, 

Foran, 

Forney, 

Garrison, 

Geddes, 

Gib on, Glascock, 

Green, 

Greenleaf, 

Hal ell, 

Hammond, 

Hancock, 

Hardeman, 

Hardy, 

Hatcll1 W. H. 

Hempnill, 

Henley, 

Herbert, 

Hewitt, A,. S. 

Hewitt, G. W. Hoblitzell, 

Holman, 

Hopkins, 

Houseman, Hunt, 

Jones,B. W. Jones,J. H . 

Goff, 

Guenther, 

Hart, 

Campbell, J. M. 

Cannon, 

Culbertson, W. W. Cullen, 

Hatch, H. H. Hitt 

Hohnes, 

Howey, 

James, 

Johnson, 

Kasson, 

Kean, 

Cutcheon, 

Davis, G. R. Davis, R. T. Ellwood, 

Evans, I. N. Everhart, 

Fun.'lton, 

Lacey, 

Lawrence, 

Long, 

_ Lymll:Il, 

l\IcCo1d, 

1\IcComas, 

McCormick, 

Jordan, Kleiner, 

Lanham, 

LeFevre, Lovering, 

Lowry, 

Mat on, 1\Iiller, J. F. Mills, 

1\iitchell, 

l\1 uld1·ow, 

Murray, Murphy, 

Mutchler, 

Neece, 

Oate, Ochiltree, 

g:~~~rt~J. J . Paige, 

Patton, 

Pierce, 

Peel, 

Post, 

Pryor, 

Pusey, 

Randall, 

Rankin, 

R~ese, , 

Rigg ' • Robin on, W. E. Rogers, J . H . Scales, 

Seney, 

Seymour, 

NAY8-72. 

1\Icl\Iillin, 

1\Iillard, 

~elson, 

O'X eill, Charles 

Parker, 

Payne, Payson, 

Peters, 

Phelp, 

Poland, 

Price, 

Ranney, 

Ray, 0 sian 

Reed, 

Rice, Robinson, J. S. 

Rowell, 

Ryan, 

NOT VOTING-115. 

Adams, J. J. Deuster, Jones, J . T. Anderson, Dingley, Keifer, 

Arnot, Dockery, Kelley, 

Barr, Dowd, Kellogg, 

Belford, Dunham, Ketcham, 

Belmont, Eaton, King, 

Bingham, English, Laird, 

Bisbee, Ermentrout, Lamb, 

Blackburn, Evins,· J. H. Lewis, 

Blanchard, Fiedler, Libbey, 

Bland, Fyan, Lore, 

Bowen, George, 1\IcAdoo, 

Brainerd, Grave , 1\Iaybury, 

Breitung, Hanback, Miller, S. H. Brewer, J . H. Harmer, 1\lilliken, 

Broadhead, Hayne , 1\:Ioney, 

Brumm, Henderson, D. B. Morgan, Buckner, Henderson, T. J. Jorrill, 

Budd, Hepburn, Morrison, 

Burleigh, Hill 1\Iorse, 

Calkins His~ock, Moulton, Camp~ll, Felix Holton, Muller, 

Oarleton, Hooper, Nicholls, 

Cha e, Horr, Nutting, · Clardy, Houk, O'Harn, 

Collins, Hurd, Perkins, 

Cook, Hutchins, Pettibone, 

Cox:, S. S. Jeffords, Potter, 

Davidson, Jones, J. K. Ray, G. W. 

So the motion to lay on the table was agreed to. 

Sin~leton, 

Sprmger, 

Storm, 

Sumner, D. H. Talbott, 

Taylor, J. 1\1. 

Thompson, 

Throckmorton, 

Tillman, 

Townshend, 

Tucker, Tully, 

Turner, H. G. 

Turner, 0 car Van Alstyne, 

Vance, 

Van Eaton, 

Wa1lace, 

Ward, 

Warner,.Richard, Wellborn, 

Wemple, 

Wilkin 

William', 

Wilson, W. L. Winans, E. B. . Winans, John 

Wise, G. D . Wolford, 

Wood, 

Yaple, 

Young. 

Skinner, C .. R .. Smalls, 

Smith, 

Spooner, 

Steele, 

Stephenson, . Stewart, J. W •. Strait, 

Taylor, J. D. 'Thomas, 

Valentine, 

Wadsworth, 

Wait, 

Wakefield, 

Washburn, 

Weaver, 

White,J. D. Whiting. 

Rea.,o-an, 

Robertson, 

Rockwell, 

Rogers, W. F. Rosecrans, 

Russell, 

Shaw, 

Shelley, 

Skinner, T. G. 

Slocum, 

Snyder, 

Sprigg11, 

Stevens, 

Stewart, Charles. 

Stockslager, 

Stone, 

Struble, 

Sumner,_ C. A .. Taylor, .n;. B. Warner, A. J . . \Veller, 

White, 1\Iilo 

Willis, 

Wilson, Ja.mes. Wise, J. S. Woodward,. Worthington,. York. 

The following were announced as paired until further notice!: Mr. MOULTON with Mr. EZRA B. TAYLOR. 

Ir. BLACKBUR~ with 1\fr. RUSSELL. 

Ir. DAVID 0" with l\1r. HAYNES. 

1\fr. BUCKNER with 1\Ir. KELLOGG. 

Mr. ROGERS, of New York, with Mr. HOOPER. 

Mr. DUKCAN with Mr. Sl\IITH. 

~Ir. DOCKERY with 1\fr. BREWER, of Kew Jersey. 

Mr. CLARDY with Mr. JOHN" S. WISE. 

1\fr. NICHOLL with 1\lr. CHACE. 

Mr. HUTCHINS with Mr. CALKIXS. 

Mr. Jo~J?:S, of Alabama, With Mr. BURLEIGH. llir. S~L"\"ER, of California, with l\Ir. WAKEFIELD. 

Mr. ROBERTSON with Ur. BARR. 

Mr. MORRISON with Mr. KELLEY. Mr. SHELLEY with 1\lr. BISBEE. 

Mr. WORT~GTOX with 1\Ir. BOWEN. 
5978 CONGRESSIONAL RECORD-HOUSE. JULY B, 

Mr. CAMPBELL with Mr. BREITUNG. 

Mr. REAGAN with Mr. PETIIBONE. 

Mr. BLAND with Mr. Hou K. 

Mr. FIEDLER with :Mr. HEPBURN. 

Mr. SNYDER with Mr. HANBACK. 

Mr. SHAW with Mr. ANDERSO~. 

Mr. CoLLIN with Mr. DUNHAM. 

Mr. ADAMS, of New York, with Mr. BELFORD. 

The foUowing were announced as paired for this day: 

Mr. HLAXCHARD with Mr. STONE. 

·Mr. STEVENS with Mr. BRUMM. 

!tlr. MONEY with Mr. BINGHAM. Mr. HISCOCK with Mr. Jo:s-Es, of Arkansas. 

Mr. LAMB with Ml.·. HORR. 

Mr. WILLIS with Mr. HENDERSON, of Illinois. 

:Mr. MORSE with Mr. MILLER, of Pennsylvania. 

Mr. HILL with 1\<Ir. JEFFORDS. 

The following were also announced as paired: 

l\1r. SKINNER, of North Carolina, with Mr. NUTTING, until July 8. 

Mr. Down with Mr. RAY, of New York, until July 8. 

lVIr. STRUBLE with Mr. STOCKSLAGER, on this vote. If present, Mr. 

STRuBLE would vote for the minority report, and l\1r. STOCKSLAGER 

for the majority report. 

Mr. ARNOT with Mr. H ENDERSON, of Iowa, on this vote. 

Mr. LinBEY with 1\'lr. WOODWARD, on this vote. 

Mr. ER.MENTROUT with Mr. ROCKWELL, on this vote. 

Mr. WELLER. I desire to say that, my name having been connected 

-with this matter, I have refrained from voting. 

The result of the vote was then announced as above stated. 

l\1r. HAMMOND moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ENROLLED BILL SIGNED. 

Mr. NEECE, from the Committee on Enrolled Bills, reported that the 

-committee had examined and found truly enrolled a bill of the Honse 

Qf the following title; when the Speaker signed the same: 

.A. bill (H. R. 16 2) providing for two additional associate justices of 

the supreme court of the Territory of Dakota, one additional associate 

justice of the supreme court of the Territory of Washington, and for 

· •Qther purposes. 

ADJOURN I:ENT OVER FOURTH OF JULY. 

Mr. HOLMAN. I move that when the Honse adjourns to-day it be 

-to meet on Saturday next. I think it will facilitate the final adjournment by giving committees of conference an opportunity to complete 

.their labors. 

1\Ir. HAMMOND. Do I understand the gentleman from Indiana [Mr. 

HoLMAN] to say that he makes this motion for the purpose of facili-

"tating the final adjournment? 

Mr. HOLMAN. That is my opinion. 

. Mr. BROWNE, of Indiana.. I suppose it will facilitate the final adjournment by passing over the Mexican-war pension bill. 

1\llr. RANDALL. No; we can take that up~dayanddispose of it. 

Mr. REED. We all know that under the rules of the House one 

member can stop any business being done, and we know that the rules 

-of the Honse will bethoroughlyavailed of. We know ithasbeendone 

in the past and we know it will be in the present, and we may as well 

.understand it. 

Mr. RANDALL. I hope the gentleman will get into a good humor 

·before we part. 

Mr. HOLMAN. As my colleague [Mr. BROWNE] seems to think 

·..that the adjournment over to-morrow should not take place on account 

·Qf the Mexican pension bill not having been disposed of, I do not think 

uthat I will press that motion. 

Severall\IE.MBERS (to Mr. HOUIAN). Withdraw the motion. 

The SPEAKER. Does the gentleman withdraw the motion? 

Mr. KEIFER. I wish to suggest that something might :;trise in the 

way of conferences between the two Honses which would make it very 

important that the Honse should be in session to-morrow. 

:nfr. TOWNSHEND. I call for the regular order. 

1\Ir. RANDALL. If we are to adjourn over we ought to know it 

•immediat ely. 

Mr. KEIFER. We ought not to adopt the motion now. 

Mr. RANDALL. We ought to do it now or not at all. 

Mr. TOWNSHEND. I understand the motion is withdrawn. 

Mr. RA.....~DALL. Then I renew it. We can go on with the Mexi-

-can pension bill at once, and can sit to-night if it should be necessary. 

Mr. HOLMAN. I withdraw the motion. 

The SPEAKER. The question is on the motion of the gentleman 

:from Pennsylvania [Mr. RANDALL], that when the House adjourns to-

<4:lay it adjourn to meet on Saturday next. 

The question being taken; there were-ayes 101, noes 51. 

1\1r. BURNE"'. No quorum. 

Mr. PETERS. I call for the yeas and nay . Mr. BROWNE, of Indiana. I hope that those who desire to pass the 

Mexican pension bill will not ask for the yeas and nays now. If it 

should become apparent later that the bill can not be passed without a 

session to-morrow, I willa k the House to revoke the order for adjourning over. 

Several MEIDJERS. All right. 

Mr. PETE.RS. I withdraw the call for the yeas and nays. 

The SPEAKER. Thegentleman.fromMissouri [Air. BuRNES] makes 

the point that no quorum has voted. The Chair appoints as tellers the 

gentlem.an from Missouri and the gentleman from Pennsylvania [1\Ir. 

RANDALL]. 

TheHouseagaindivided; and thetellersreported-ayes 120,noes 54. 

So the motion of Mr. RANDALL was agreed to. 

Ir. RANDALL moved to reconsider the vote jnst taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion wa-s ~areed to. 

ORDER OF BUSINESS. 

Mr. TOWNSHEND. I call for the regular order. 

The SPEAKER. ·The regular order is the call of committees for re- port-s. 

Mr. TOWNSHEND. I move to dispense with the morning hour. 

Mr. JEFFORDS. I ri e to a matter of privilege. 

Mr. TOWNSHEND. I raise the question of consideration upon it. 

The SPEAKER. The gentleman from Mississippi [Mr. JEFFORDS J 

will state his question of ·privilege. · 

Mr. JEFFORDS. I desire to call up for immediate action the report, 

with a-ccompanying resolution, from the Committee on Ventilation and 

Acoustics. 

Mr. TOWNSHEND. I insist on my motion. 

The SPEAKER. The Chair so understands; but if this be a matter 

of privilege that motion can not be entertained riow. 

Mr. R.A.l~D.A.LL, I reserve pointS of order upon the report of the gentleman from Mississippi. 

The SPEAKER. The gentleman from Mississippi calls up as a matter 

of privilege the report of the Committee on Ventilation and AcousticS. 

Mr. TOWNSHEND. I rise to a parliamentary question. Is it not 

competent to raise the question of consideration against the report? 

The SPEAKER. It is; but the resolution mustfirstberead, so that 

the Honse may know what it is. 

Mr. TOWNSHEND. My purpose is to go to business on the Speaker's table, so as to get at the Mexican pension bill. 

~Ir. HOL~I.A.N. The report of the gentleman from Mississippi is 

subject to 'a point of order, at any rate. 

The SPEAKER. It is not necessary to reserve points of order. They can be made when· the matter is before the Honse. 

Mr. TOWNSH~D. I call for the regular order. 

The SPEAKER. The Clerk will read the resolution called up by 

the gentleman from Mississippi. 

Mr. JEFFORDS. I ask for the reading also of the report. 

The Clerk read as follow : 

Resolved, That the Committee on Ventilation and Acoustice of the House of 

Representatives be, and they are hereby, authorized, empo"'ered, and directed to accept the proposition by them reported and atta ched to their report, and to at once· proceed with the introduction and trial of the new system in accord- ance with t.he t-erms of said proposition. 

The SPEAKER. On this resolution the gentleman from illinois 

[Mr. TOWNSHEND] raises the question of consideration. 

!tlr. TALBOTT. I make the point of order--

The SPE.A.KER. The matter is not yet before the House for consideration. The point of order can be made if the Home should determine 

to consider it. 

!tlr. JEFFORDS. I asked for the reading of the report as well as the resolution. 

The SPEAKER. The reading of the report would be in the nature 

of debate, and debate is not in order on a question as to the order of 

business. 

The question being taken, will the House proceed to consider the 

resolution reported by the Committee on Ventilation and Acoustics, it was decided in the negative-ayes 49, noes 60. 

Mr. TOWNSHEND. I now move to dispense with the morning hour. 

Mr. SCALES. I desire to present a report. 

The SPEAKER. There is a matter before the Honse. 

Mr. SCALES. I understood the gentleman from Illinois [:M.r. ToWNSHEND] yielded to me for this purpose. 

Mr. TOWNSHEND. My friend misunderstood me. I must insist 

on my motion. 

The SPEAKER. The question is on the motion of the gentleman 

from illinois to dispense with t-he morning hour, which requires a twothirds vote. 

The question being taken, there were-ayes 99, noes 37. 

Mr. HEWITT, of Alabama. No qu<?rum. 

The SPEAKER. The point being made that no quorum has voted, the 

Chair will appoint a tellers the gentleman from Alabama, !tfr. HEWITT, 

and the gentleman from illinois, Mr. TOWN HEND. 

The House again divided; and the t ellers reported-ayes 130, noes 22. ~Ir. HEWITT, of Alabama. No quorum has voted. 

The SPEAKER. The t ellers will resume their places, and members 

who have not voted are reque ted to pass between the tellers. 
oo. - - -

1884. CONGRESSIONAL RECORD-HOUSE. 5979 

The House again divided; and the tellers reported-ayes 140, noes 23. printing additional copies of the Medical and Surgical History of the 

So (two-thirds having voted in the affirmative) the motrling hour was War of t·he Rebellion; which was read a first and second time. 

·dispensed with. The Clerk read as follows: HOUE. OF HEETING. 

Mr. RANDALL. I rise to make a. privileged motion. 

The Clerk read as follows: 

Resolved, That the hour of meetinz of the House on Saturday next, July 5, be ·.9 o'clock a. m. • 

The resolution was adopted. • 

Mr. RANDALL moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid 

'On the table. 

The latter motion wa-s agreed to. 

FOURTH OF JULY WAR CLAIMS. 

Mr. ROWELL submitted the following privileged report. 

The Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on "'the amendments of the Senate to the bill of the House 5377 for the allowance of certain claims reported by the accounting o1'ficer'softhe United States Treasury 

Department having met, after full and free conference have agreed to recom- mend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with the following amendment: In lieu of the Senate amendment insert the following: " Mississippi : . "To Julia A. Nutt, widow and executrixofHaller Nutt, deceased; of Adams County the sumof $35,556.17." And the Senate agreee t.o the same. That'the House recede from its disagreement to the amendment of the Sen- .ate numbered 2, and agree to the same. JNO. B. STORI\I, 

J. H. ROWELL, 

Managers on the part ofth{J House. 

ANGUS CAMERON, . C. F. MANDERSON, JAMES Z. GEORGE, Mana~ers on the part of the Senate. 

The SPEAKER. Thestatementacoompanying the report under the 

TUles will now be read. 

The Clerk read as follows: 

The m anagers on the part of the House of the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 5377) for the allowance of certain claims reported by the accounting officers of the United States Treasury Department, submit the following written statement in explanation of the effect of the action recommended in the accompanying con- -ference report: The Senate amended the bill by inserting a clause to pay Julia A. Nutt, widow and executrix of Haller Nutt, decea-sed, of Adams County, M.i sissippi, the sum of t85,556.17 for supplies alleged to have been taken from him by the Army of the United States during the late war. · The amendment to the Senate amendment as agreed upon diminishes the amount by $)0,000 by striking out cert.ain items included in the amount allowed to Mrs. Nutt in the Senate amendment. The second amendment only goes to a change in the title to the bill. JNO. B. STORM, J. H. ROWELL, 

Managers O?~ the part of the House. 

Mr. ROWELL. I move the adopti<Ul of the report. 

The motion was agreed to. , 

Mr~ ROWELL moved to reconsider the vote by which the report was 

adopted; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

PRINTING REPORT OF BUREAU OF ANDIAL INDUSTRY. 

Mr. TOWNSHEND. I now move to proceed to the consideration 

of the business on the Speaker's table. 

Mr. SCALES. I have a privileged motion to submit from the Committee on Printing for the printlllg necessary for the two Houses of 

Congress. I am directed by the Committee on P~ting to report back 

favorably joint resolution (H. Res. 276) providing for the printing of 

50,000 copies of the first annual report of the Bureau of Animal Industry. 

The Clerk read as follows: 

Resolved, &c., That there be frinted 50,000 copies of the fir t annual reportofthe :Bureau of Animal Industry o the Department of Agriculture, of which 10,000 shall be for the use of members of the Senate, 35,000 for tlie usc of members of t~e House of ~prese~tatives, and 5,000 for the use of the Co~.missioner of Ag- ~lculture; the illustratt&ns to be executed under the supemston of the Public Printer, in accordance with directions of the Joint Committee on Printing; the work to be subject to the approval of the Commissioner of Agriculture. 

Mr. SCALES. The estimated oost is ~16,521. Imovethejointres-

.olution be put on its passage. ' 

The joint resolution was ordered to be engrossed and read a third 

time; and being engrossed, it was accordingly read the third time, and 

passed. 

1\lr. SCALES moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

MEDICAL AND SURGICAL IDSTORY OF THE WAR. 

_Mr. SCALES, from the Committee on Printing, reported, as a substitute for H. Res. 106, joint resolution {H. Res. 284) providing for 

Resolved, &c., That the Public Printer is hereby authorized to :print and bind in the usual style 5,000 additional copies of the Medical and Surgtcal History of the War of the Rebelliont a.llof which are to be sold to applicant-s at cost with 10 per cent. added: Provldea, That not more t}:lan one copy of each volume shall·be sold to any one person. 

The joint resolution was ordered to be engrossed and read a third 

time; and being engrossed, it was accordingly read the third time, and 

passed. 

Mr. SCALES moved to reconsider the vote by which the joint resolution waa passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion waa agreed to. 

Mr. TOWNSHEND. I now move to proceed to the consideration of 

the business on the Speaker's table, and on that I demand the previous 

question. 

Mr. HEWITT, of Alabama. I call up for consideration, Mr. Speaker, 

the special order, that bill H. R. 3962, granting pensions to certain soldiers and sailors of the Mexican war and other wars therein Earned, 

and for other purposes, be made the special order in the House, as in 

Committee of the Whole, on Thursday, the 21st dayofFebruary,1884, 

after the morning hour, and from day to day thereafter until disposed 

of, not to interfere with general appropriation or revenue bills or reports 

from the Committee on Public Lands. 

Mr. TOWNSHEND. But I have moved to go to the business on the 

Speaker's table. · 

The SPEAKER. The gentleman from Alabama has called up the 

special order. 

Mr. TOWNSHEND. What is it? 

The SPEAKER. The pension bill fixed by order of the House some 

time ago. 

Mr. TOWNSHEND. It was disposed of yesterday. 

The SPEAKER. It was decided not to consider it yesterday. 

Mr. TOWNSHEND. I make the point of order against it. 

The SPEAKER. There is no point of order, but the gentleman can rai e the que tion of consideration. 

Mr. TOWNSHEND. I raise the question of consideration. 

Mr. HEWITT, of Alabama. I call for the readingofthe bill so the 

House may know what they are voting on. 

Mr. TOWNSHEND. I rise to a parliamentry inquiry. 

The SPEAKER. The gentleman will staw it. 

Mr. TOWNSHEND. Having made a motion to proceed to the consideration of the business on the Speaker's table, I ask whether the 

gentleman can take me off the floor by any motion he can make? 

The SPEAKER. The gentleman could not take the gentleman off 

the floor; "the gentleman did hot have the floor. 

Mr. TOWNSHEND. I demanded the previous question. 

The SPEAKER. You did. 

Mr. TOWNSHEND. Then how can the gentleman take me off the , 

floor? 

The SPEAKER The gentleman could not hold the floor against 

everybody in the House. 

Mr. TOWNSHEND. I demanded the previous question. 

The SPEAKER. The gentleman did, but pending that the gentleman from Alabama called for the special order, which is a privileged 

matter. 

Mr. TOWNSHEND. Is it not necessary to raise the question of con- sideration? 

The SPEAKER. Not at all. He could not raise the question of 

consideration against the gentleman's motion to go to the business on 

the Speaker's table. 

Mr. TOWNSHEND. Then I raise the question of consideration. 

The SPEAKER. The Chair understands that the gentleman from 

illinois [Mr. TOWNSHEND] raises the question of consideration against 

the special order ccilled up by the gentleman from Alabama. 

:Mr. HEWITI, of Alabama, rose. 

The SPEAKER. The question is not debaUJ,ble. 

Mr. L YM.A.N. I demand the yeas and nays. 

The yeas and nays were ordered. 

1rfr. HEWITT, of Alabama. I ask to make a statement. 

Objection was made. 

The question was taken; and it was decided in the negative-yeas 

79, nays 142, not voting 103; as follows: 

Aiken, 

luexander, 

Ballentine, 

Barksdale, 

Belmont, 

Bennett, 

Blount, 

Broadhead, 

Buchanan, 

(,'abell, 

Caldwell, 

Candler, 

Cassidy, 

Chalmers, 

YEAS-79. 

Clay, 

Clements, 

Cosgrove, 

Cox, W.R. Crisp, 

Culberson, D. B. Dargan, Da vis, L. H. Dibble, Dibrell, 

Duncan, 

Dunn, 

Findlay, 

Foran, 

Forney, 

Garrison, 

Graves, 

Green, 

Halsell, 

Hancock, Hardeman 

Hatch, W. H. 

Hemphill, 

H e rbe rt, H e witt, A. S. Hewitt, G. W. Hopkins, 

Hunt, 

Jones, J. H. Kleiner, 

Lanham, 

Lore. 

1\Icl\Iillin, 

1\Iiller, J. F. Mills, Muldrow, 

Oates, Ochiltree, 

O'Ferrall, 

Paige, 

Peel, 

Pierce, 
5980 . CONGRESSIONAL RECORD-HOUSE. JULY .3, 

Potter, 

Pryor, 

Reese, 

Rogers, J. H. 

Seney, 

Singleton, 

Adams, G. E. .d.tkinson, 

Bagley, 

Barbour, 

Ba yne, Beach, 

Boutelle, 

Brainerd, 

Brewer. F. B. Browne, T. M. 

Brown, W. W. Budd, 

Burleigh, 

Calkins, 

Campbell, J. E. Campbell, J. M. Cannon, 

Carleton, 

Cobb, 

Connolly, 

Culbertson., W. W. Cullen, 

Cutcheon, 

Davis, G. R. Di ngley, E a to n, Eldredge, 

Elliott, 

Ellwood, 

English, 

Evans, I. N. Everhart, 

Ferrell, 

Finerty, 

Follett., 

Fun ton, 

Taylor, J.l\1. Turner, Oscar Thompson, Vance, 

Throckmorton, Van Eaton, 

Tillman, \Varner,Richard 

Tucker, Wellborn, 

Turner, H. G. Williams, 

NAYS-112. 

Geddes, 1\lcCoid, 

George, McComas, 

Glascock, McCormick, 

Goff, Matson, 

Greenleaf, Maybury, 

Guenther, Millard Hardy, 1\filler, S. H. 

Harmer, Mitchell, 

Hart, Morgan, 

Hatch, H. H. Morrill, 

Henderson, D. B. 1\:lurray, 

HiH~tnlt ey, Neece, , Nelson, . Hoblitzell, O'Hara, 

Holman, O 'Neill, Charles Holmes, O'Neill, J. J. Howey, Payne, 

James, Payson, 

Jeffords, Perkins, 

Johnson, Peters. Jones, B. W. Phelp , Jordan, Poland, 

Kasson, Post, 

Kean, Pusey, 

Ketcham, Randall, 

Lacey, Ranney, Laird, Ray, Ossian Lamb, Rice, 

Lawrence, Riggs, 

LeFevre, Robinson,J.S. 

Libbey, Rosecra.ns, Long, Rowell, 

Lovering, Ryan, 

Lowry, Seymour. 

Lyman, Skinner, C. R. McAdoo, Smalls, 

NOT VOTING-103. 

Adams, J. J. Curtin, Hurd, 

Anderson, Davidson, Hutchins, 

Arnot, Davis, R. T. Jones, J. K. Barr, Deuster, Jones, J. T. Belford, Dockery, Keifer, 

Bingham., Dorsheimer, Kelley, 

Bisbee, Dowd, Kellogg, 

Blackburn, Dunham, King, 

Blanchard, Ellis, Lewis, 

Bland, Ermentrout, Milliken, 

Bowen, Evins, J. H. Money, 

Boyle, Fiedler, 1\Iorrison, 

Breckinridge, Fyan, Morse, 

Breitung, · Gibson, Moulton, 

Brewer, J. H. Hammond, Muller, 

Brumm, Hanback, Murphy, 

Buckner, Haynes, :Mutchler, 

Burnes, Henderson, T. J. Nicholls, 

Campbell, Felix Hepburn, Nutting, 

Chace, Hill, Parker, 

Clardy, Hiscock, Patton 1 

Collins, Holton, Pettibone, 

Converse, Hooper, Price, 

Cook, Horr, Rankin Covington, Houk, Ray, G. 'w. 

Cox, S. S. .Houseman, Reagan, 

Wilson, W. L. Wise, G. D. Wolford, 

York, 

Young. 

Smith, 

Spooner, 

Springer, 

Steele, 

Stephenson, 

Stewart, J. W. Stockslager, 

Storm, Strait, 

Sumner, C. A. Sumner, D. H. Talbott, 

.Taylor, J.D. Thomas, 

Townshend, 

Valentine, 

Wadsworth, 

Wait, 

Wakefield, 

Wallace, 

Ward, 

Warner,A.J. 

Washburn, 

Weaver, 

Weller, 

White, J.D. White, Milo Wilkins, 

Wilson, James Winans, E. B. · Winans, John Wood, 

Woodward, 

Yaple. 

Reed, 

Robert on, · Robinson, W.E. Rockwell, 

Rogers, W. F. Russell, 

Scales, 

Shaw, 

Shelley, 

Skinner, T. G. Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart., Charles Stone, 

Struble 

Taylor, E. B. Tully, 

Van Alstyne, 

Wemple, 

Whiting, 

Willis 

Wise,J.S. 

Worthington. 

So the motion to proceed with the special order was not agreed to. 

Mr. YORK. I ask unanimous consent to dispense with the reading 

of the names. · · 

Mr. CLAY. I object. 

The Clerk then recapitulated the names of those recorded as having 

voted. 

The following additional pairs were announced: 

Ur. REED with l\Ir. Il.A.MJHOND, on all questions, until further notice. 

M:r. CooK with. M:r. STRUBLE, on all political questions for this day. 

The result of the vote was then announced as above recorded. 

111:. HAR~El\IAN. It is evident we can not get any justice for the 

M:eXl.can sold1ers, and I now· move that the House adjourn. 

The S~.EAKER. The q,uestion is on the motion of the gentleman 

from IllinoiS, that the House do now proceed to consider business on the 

Speaker's table, pending which the gentleman from Georgia moves that 

the House do now adjourn. 

The question was taken. 

The House divided; and there were-ayes 25, noes 95. 

So the House refused to adjourn. 

.Mr. TOWNSHEND. I demand the regular order. 

ENROLLED BILL SIG -ED. 

l\Ir. PERKI~S, from the Committee on Enrolled Bills, .reported that 

they had exammed and found duly enrolled a bill of the followino-title · wh.en the Speaker signed the same, namely, a bill (H. R. 4680) ~grant a nght of way through the Indian Territory to the Southern Kansas 

Railway Company and for other purpo es. 

ADDITIONAL ENROLLING CLERKS. 

:Mr. RANDALL. I ask unanimous consent to submit a resolution 

to which I think nobody will object, in relation to the business of the. 

House. 

1tlr. TOWNSHEND. If it refers to the business of the House I will 

yield for a moment for its introduction. 

The SPEAKER. The resolution will be read. 

The Clerk read as follows: 

Resolved, That the Clerk be aut.horized to employ for the remainder of the present session two additional enrolling clerks, who shall be paid for their servb~~t~e t!~ io!~~~~t fund of the House such sums as may be fixed by the 

Mr. RANDALL. This has been done before and is necessary for the 

prompt enrollment of bills. · . 

The resolution was agreed to. 

Mr. RANDALL moved to reconsider the vote by which the resolution was agreed to; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

l\Ir. TOWNSHEND. Regular order. 

COMl\UTTEE ON ENROLLED BILLS. 

1\I'r. RANDALL. I wish to suggest that it would be desirable to have 

the Committee on Enrolled Bills enlarged for the purpose of more readily comparing the bills. 

The SPEAKER. The Chair was about to ask unanimous consent to 

appoint two additional members of the Committee on Enrolled Bills· 

and if there be no objection the Chair will make the appointments now: 

There was no objection. 

M:r. GLASCOCK and Mr. PETERS were appointed as additional mem- bers of the committee. 

PAY OF STENOGRAPHERS FOR COMMITTEE ON EXPENDITURES IN 

THE DEPARTMENT OF JUSTICE. . 

1tir. SPRINGER. I have a resolution in relation to the business of 

the House to which I am satisfied there will be no objection when it is 

heard. It relates to the expenses of the Committee on Expenditures 

in the Department of Justice, and provides 'for the payment of the expense of employing stenographers, which expense can not be met unless 

this resolution is passed. The fund set apart for the committee was 

used for this purpose. 

M:r. TOWNSHEND. If it relates to the business of the House I 

shall not object, unless it leads to debate. 

Mr. WHITE, of Kentucky. Let it be read ubject to objection. 

The resolution was read. It is as follows: I Resol·ved, That there is hereby appropriated out of the contingent fund of the House a sum sufficient to pay for the service of stenographers to the' Commit- tee on Expenditures in the Department of Justice, in addition to the amount heretofore allowed said committee, for the payment of the expenses of investi- gations; the a~unts to be approved by the Committee on Accounts, as provided 

by the resolution of the House authorizing the appointment of stenographers to committees. 

The SPEAKER. Is there objection t.o the present consideration of 

the resolution? 

1\Ir. SPRINGER. Let me say that the clerk of the committee charged! 

the expenses incurred for reporting testimony to the fund which had 

been appropriated by the House for the payment of the expenses of thecommittee. 

Mr. WHITE, of Kentucky. If I understand correctly, when thegentleman from Illinois was about to enter upon this investigation he 

asked the House for the appropriation of a certain sum, and stated then 

that that sum would cover all of the expen es of the investigation. 

Now, I think, sir, we had better let that sum cover it, as he then suggested, and for that reason I object to the resolution, and call for theregular order. 

Mr. SPRINGER. I hope the gentleman will yield to me for one 

moment, before insisting upon the demand, to hear a brief statement. 

l\Ir. WHITE, of Kentucky. I have no objection to that. 

Mr. SPRINGER. At that time the law provided for the reporters or 

the committees and they were paid regular salaries like the other employes or officers of the House. But a week after the inauguration or 

this investigation the office of committee reporters was abolished, and the 

committees were authorized, as the gentleman will remember, to employ 

stenographers, to be approved by the Speaker of the House. This the 

committee have done; but the clerk charged the reporting of the committee to the fund set apart for its other incidental expenses, which 

more than e.xhaused the fund and left no provision for the payment or 

the expenses necessarily incurred by the committee in taking testimony. 

Now, unless this resolution is passed the expenses incurred can not be 

paid . Mr. CALKINS. I hope my friend from Kentucky will withdraw 

his objection. 

The SPEAKER. Does the gentleman from Kentucky insist upon 

his objection? 

l\Ir. WHl-TE, of Kentucky. I have no desire to take up the time ot 

the House by debating the question or objecting. If the H~use is satisfied that the Committee on Expenditures in the Department of Justice is doing the proper thing I am satisfied. 

l\1r. SJ?RINGER. It is trying to do the proper thing. 

Mr. ADAJ\18, of Illinois. I wish to ask a question of my colleague,. 

whether the services to be paid for in this matter are services to behereafter renderetl? 
. .• 

1884. CONGRESSIONAL· RECORD- HOUSE. 5981 

Mr. SPRINGER. No, sir; services already rendered. 

Mr. ADAMS, of Illinois. Then, even if the resolution passes, the 

accounts can not be paid in this way. · Ir. SPRINGER. The amount has been already paid, as I have said, 

but it is charged to the fund of the committee. 

1\:11'. WHITE, of Kentucky. But it was paid under the provisions of 

the law? 

Mr. SPRINGER. No, the resolution required that it should be paid 

outofthe contingent fund of the House; but it was charged to the fund 

of tbe committee. 

There being no objection, the resolution was considered and agreed to. Mr. SPRINGER moved to reconsider the vote by which the resolution wu.s adopted; and also moved that the motion to reconsider belaid 

on the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

The SPEAKER. The question now is, Will the House proceed to 

the consideration of business on the Speaker's table? 

Mr. CLAY. I move that the House do now. adjourn. 

The House divided; and there were-ayes 27, noes 89. 

So the House refused to adjourn. The question being taken on Mr. TOWNSHEND'S motion that the 

House proceed to the consideration of business on the Speaker's table, 

there were-ayes 96, noes 12. · 

Mr. BUCHANAN. No quorum. lli. WASHBURN. I call for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 162, nays 39, not 

voting 123; as follows: YEA8-162. 

Adams, G. E. Follett, Arnot, Foran, Atkinson, Funston, 

Bagley, Geddes, Bark dale, Glascock, B ayue, Goff, B ea ch , Graves, 

Boutelle, Greenleaf, B ra inerd, Guenther, Breckinridge, Hardy, Bre wer, F. B. Harmer, Browne, T. M . Hart, Brown, W. W . Hatch, H . H . Budd, Hatch, W. H. Lur leig h, Henderson, D. B. B urne , Henley, <Calkins, Hewitt, A. S. Campbell, J. E. Hitt, Campbe ll, J. M. Hoblitzell, <lannon, Holman, .Carleton, Holmes, Chalmers, Hopkins, .Cobb, H o useman, .Connolly, . Jame , Culbertson, W. W. Jeffords, <Cullen, Johnson, Curtin , Jones, B. W . <Cutch eon, Jordan, D avis, G. R. Kasson, Da>is, R. T. Kean, 

Dingley, Keifer, Duncan, Ketcham, E a ton, Kleiner, .Eldredge, La-cey, 

Elliott, Lamb, Ellwood, Lawrence, .English, Le Fevre, Evans, I. N. Libbey, Everhart, Long, 

Ferrell, Love ring, Fine rty, Lowry, 

McCoid, l\IcComa , McCormick, 

Matson, 

Maybury, Millard 

Miller, S. H. 

l\1itchell, 

Morrill, 

Murray, Neece, 

Nelson, 

O'Hara, 

O'Neill, Charles O'Neill, J.J. Paige, 

Parker, 

Payne, 

Payson, 

Peel, P erkins, 

Phelps, 

Poland, 

Post, 

Price, 

Pryor, 

Pusey, 

Randall, Ranney, 

Ray, Ossian Riggs, 

Robinson, J. S. Robinson, W. E. Rowell, 

Ryan, 

Seney, 

Seymour, Skinner, C. R. Smalls, 

Smith, 

Spooner, 

NAY8-39. 

Alexander, 

Belmont, 

B ennett, Broadhead, 

Buchanan, 

Cabell, 

Clay, Cosgrove, 

-cox, ,V. R. -culberson, D. B. 

Adaml!,J.J. 

Aiken, 

Anderson, 

Ballentine, 

Barbour, 

Barr, 

Belford, 

:Bingham, 

Bisbee, 

Blackburn, 

:Blanchard, 

:Bland, 

Blount, 

:::Bowen, 

Boyle, 

.:Breitung, 

Brewer, J. H. ;:Brumm, 

.:B11ckner, 

Dargan 

Davist_L. H. Dibrell, 

Dunn, 

Forney, 

Garrison, 

Halsell, 

Hancock, 

. Hemphill, 

Herbert, 

Hewitt, G. W. Hunt, Jones,J.H. 

Lanham, 

Lyman, 

Mills, 

Mut-chler, 

Oates, 

O'Ferrall, 

Pierce, 

NOT VOTING-123. 

Caldwell, 

Campbell, Felix Candler, 

Cassidy, 

Chace, 

Clardy, 

Clements, 

Collins, 

Converse, 

Cook 

Covitigton, 

Cox, S. S. Crisp, Davidson, 

. Deuster, 

Dibble, 

Dockery, 

Dorsheimer, 

Dowd, 

Dunham, 

Ellis, 

Ermentrout, 

Evins,J.H. 

Fiedler, 

Findlay, 

Fyan, 

George, 

Gibson, 

Green, 

Hammond, 

Hanback, 

Hardeman, 

Haynes, 

Henderson, T. J. Hepburn, 

Hill 

His~o.ck, 

Holton, 

Springer, 

Steele, 

Stephenson, 

Stewart, J. W. Stockslager, 

Storm, 

Strait, 

Sumner, C. A. Sumner, D. H. Talbott, Taylor, J. D. Thomas, 

Townshend, 

Tully, 

Valentine, 

Van Alstyne, Wadsworth, Wait, 

Wakefield, Wallace, Ward, 

Warner,A.J. 

Warner, Richard Wa hburn, 

Weaver, 

Weller, 

Wemple, White, J.D. White, Milo Wilkins 

Wilson, 'James Wilson, W. L . Winans, E. B. Winans, John Wolford, 

Wood, 

Woodward, 

Yaple, 

York, Young. 

Rogers, J. H. Scales, 

Taylor, J. 1\I. 

Thompson, 

Throckmorton, 

Tillman, 

Turner, Oscar Williams, 

Wise, G. D. 

Hooper, 

Horr, 

Houk, 

Howey, 

Hurd, 

Hutchins, 

Jones, J. K. Jones, J. T . Kelley, 

Kellogg, 

King, 

Laird, Lewis, Lore, 

IcAdoo, 

·McMillin, 

l\Iiller, J. F. Milliken, Money, 

Morgan, Pettibone, 

Morrison, Potter, Iorse, Rankin · Moulton, Ray, G.'W. Muldrow, Reagan, Muller, Reed, Murphy, Reese, Nicholls, Rice, 

Nutting, Robertson, 

Ochiltree, Rockwell, 

Patton, Rogers, W. F. Peters, Rosecrans, 

o the motion was agreed to. 

Russell, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G . Slocum, Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles Stone, 

Struble, 

Taylor, E. B. Tucker, 

Turner, H. G. Vance, 

Van Eaton, 

Wellborn, 

Whiting, 

Willis, 

Wise, J. S. Worthington. 

Mr. BROWNE, of Indiana. I ask unanimous consent that the read· 

ing <1f the names of members voting be dispensed with. 

Mr. CLAY. I object. 

The names of members voting were read. 

The result of the vote was then announced as above stated. 

:Mr. HARDEMAN. . I move that the House do now adjourn. 

The question being taken, there were-ayes 25, noes 78. So the House refused to adjourn. 

:MEXICAN WAR PENSIOKS. 

The SPEAKER. The House resumes the consideration of business 

on the Speaker's table, the pending business being the bill (H. R. 5667) 

granting pensions to the soldiers and sailors of the Mexican war, and 

for other purposes. 

The Clerk will report the next amendment. 

The Clerk read the second amendment of the Senate, as follows: 

In line 18, strike out the word "wars" and insert the word ''war." 

Mr. TOWNSHEND. I move t{) concur in the Senate amendment, 

and on that motion I demand the previous question. 

- :Mr. HEWITT, of .Alabama. I move to concur in the Senate amendment with an amendment. 

1\Ir. TOWNSHEND. Does not my motion to concur take precedence 

of a motion to concur with an amendment? · 

1\1r. HEWITT, of Alabama. I ask for the reading of my amendment. 

The SPEAKER. Both motions are before the House. The gentleman from Alabama [Mr. HEWITT] moves to concur with an amendment. The amendment will be read. 

Mr. TOWNSHEND. Does not the motion I make have precedence? 

The SPEAKER. It has not under the rules of the House. When 

the gentleman from Illinois moves to concur the gentleman from Alabama is entitled to move to amend by concurring with an amendment. 

The Clerk will report the amendment. 

The Clerk read the amendment proposed by Mr. HEWITT, of Alabama, as follows : 

And the surviving officers and enlisted men, including militia and volunteers in the military service of the United States, who, being duly enlisted, actually served fourteen days with the Army of the United States in Illinois in the Black Hawk war of 1832, or en route thereto, or in Alabama, Georgia, or Florida in the Creek war of 1835 and 1836, or in the Florida war of 1835, 1836. 1837, 1838, 1839, 

1840, 1841, and 1842, or en route thereto, and who were honorably discharged: Pr01tided, That the act ofl\Iarch 3, 1883, entitled "An act to amend the pension laws by increasing the pensions of soldiers and sailors who have lost an arm or leg in the service, and for other purpo es," be, and the same is hereby, amended so as to read as follows, to wit: "That from and after the passage of this act all per ons on the pension-roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shaH have lost one hand or one foot, or been totally or permanently dis- abled in the arne, or otherwise so disabled as to render their incapacity to per- form manual labor equivalent to the loss of a hand or a foot, shall receive a pen- sion of $30 per month; that all persons now on the pension-roll, and all pers ons hereafter granted a pension, who in like inanner shall have lost either an arm at or above the elbow, or a leg at or abov~ the knee, or shall have been other- wi e so di abled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of $40 per month: Prov ided, That nothing contained in this act shall be construed to repeal section 4699 of the Revi ed Statutes of the United States, or to change the rate of 18 per month therein mentioned to be proportionately di- vided for any degree of disability established for which section 4695 makes no pro- vision: Andprovided, That in order to provide the funds to pay the pensions 

provided for by this act, there shall be laid, as essed, and collected on all incomes of over S'>,OOO and under 10,000 a tax of 2 per cent. per annum; on all incomes of 10,000 and under 15,000 a tax of 3 per cent. per annum; on all incomes of 15,000 and under $20,000 a tax of 4 per cent. per annum ; and on all incomes of $20,000 and over a tax of 5 per cent. per annum. The tax hereby laid shall be a essed and collected by the collectors of the internal revenue under such rules and regulations as may be prescribed by the Secretary of. the Treasury, and all moneys collected under the provisions of this act shall be held as a. sacred pension fund, and shall only be expended in the payment of pensions 

provided for in this act. 

Mr. BROWNE, of Indiana. I make the point of order against that 

amendment. 

The SPEAKER. The gentleman will state it. 

M:r. BROWNE, of Indiana. It is not germane to the bill. 

Mr. HOLMAN. And besides, it is a part of a bill already pending 

in the House. 

lli. BROWNE, of Indiana. The amendment contains a proposition 

to create an income tax, which certainly has no place in a pension bill. 

Mr. HEWITT, of Alabama. I desire to be heard on the point of 

order. 

Mr. BROWNE, of Indiana. Perhaps I have not made myself sufficiently explicit. If I am correctly advised the amendment to be in 

order must be germane to the Senate amendment which it seeks to 
. 

,, 

5982 CONGRESSIONAL RECORD-HOUSE. JULY 3',. 

amend. It must be not simply germane to the bill but germane to the 

amendment. 

Mr. HEWITT, of Alabama. The amendment which I have offered 

contains three points. First, it provides for a pension for the soldiers 

of certa.in Indian wars. That is certainly in order. Secondly, it provides an increase of pension for a certain class of soldiers who were disabled in the late war. It increases the pension of all the Soldiers of 

the late war who have lost one hand or one foot or been totally or permanently disabled in the same or otherwise so disabled as to render 

their incapacity to perform manual labor equivalent to the loss of a hand 

or a foot-it increases the pension of such soldiers from 24 to $30 per 

month. And as regards aU soldiers who have lost an arm at or above 

the elbow or a leg at or above the knee, and who are incapacitated for 

manual labor it increases their pension from $30 to $40 per month. 

Now I have offered this amendment at the earnest request of representatives of the Grand Army of the Republic . . 

Mr. BROWNE, of Indiana. And with no intention to vote for the 

bill even should the amendment be adopted. 

Jt'lr. HEWITT, of Alabama. And the gentleman from Indian~ [Mr. 

BROWNE], "a friend of the pensioners," gets up here and makes a 

point of order against my amendment. Oh, yes! he is a friend of the 

soldier! 

Mr. BROWNE, of Indiana. Is this in order upon the point of order? 

If so, then I would like to respond to it. 

Mr. HEWITT, of Alabama. I must state what my amendment is in 

order to speak to the point of order against it. The :first two portions 

of the amendment are certainly in order. The third portion is intended 

to provide the means to pay for the pensions provided for by this act. 

That is all there is in the amendment. It seems to me that when you 

pass an act that requires money to carry it out any prorision for upplying the means to carry it out is germane to the bill. If this hill 

shall pass in the shape in which it came from the Senate it will require 

$56,000,000 annually in excess of the amount now required for pen ·ion . 

Mr. TOWNSHEND. I rise to a point of order. 

The SPEAKER. The gentleman will state it. 

Mr. TOWNSHEND. The gentleman is not discussing the point of 

order, and~ besides, I will say that the gentleman is in error any way; 

he is mistaken as to the amount this bill will call for. 

Mr. HEWITT, of Alabama. Not at all. 

Mr. TOWNSHEND. I insist that the gentleman shall confine himself to the point of order. 

Mr. HEWITT, of Alabama. I am discussing the point of order. 

Mr. TOWNSHEND. The Commissioner of Pensions says that this 

bill will not increase the amount required for pensions over 12,-

500,000. 

Mr. HEWITT, of Alabama. I want the people to know that, in 

passing this bill, instead of reducing taxes you will have to increase 

taxes. 

Mr. TOWNSHEND. I insist upon my point of order. 

The SPEAKER. The gentleman from Alabama [Mr. HEWITI] 

must confine himself to the point of order. The point of order is made 

that the amendment proposed by him is not germane to the amendment of the Senate now under consideration. 

1\ir. HEWITT, of Alabama. And I am replying to the point of order by showing that if this bill passes it will require $56,000,000 to 

discharge the pensions under this aet, and my amendment provides the 

means of meeting those pensions. 

The SPEAKER. The Chair does not think that has any bearing 

whatever on the point of order. The point of order is made that the 

amendment proposed by the gentleman from Alabama [Mr. IiEWTIT] 

is not germane to the amendment which comes to the House from the 

Senate. 

· Mr. HEWITT, of Alabama. I think it is, because this is a bill 

granting pensions to the soldiers and sailors--

The SPEAKER. But the Chair will state to the gentleman that 

when the Senate amends a bill of the House each amendment of the 

Senate stands by itself, a separate and independent proposition, a new 

proposition for the consideration of the House. The text of the bill, 

except so far as it may be affected by the amendments proposed by the 

Senate, is not now before the House for consideration, but has been 

agreed upon, and nothing this House can do will change it. 

Mr. HEWITT, of Alabama. But suppose the Senate had strickE)n 

out the soldiers of a certain war, would I not have the right to move 

to insert--

The SPEAKER. If the Senate had stricken out any provision of the 

bill and had inserted something else in its place, then the amendment 

of the Senate could be defeated by simply refusing to agree to it. If 

the Senate had moved to strikeout andinsert, itiscompetenttoamend 

the matter which the Senate proposes to insert, provided the amendment is germane to the subject to which the amendment of the Senate 

relates. Bot the point of order made here is that the amendment proposed by the gentleman from Alabama [Mr. H.EWITI J is not germane to 

the subject to which the amendment ofthe Senate relates. 

Mr. ·TOWNSHEND and others. Regular order. 

Mr. HEWITT, of Alabama. If-the Speaker rules that this amendment is not in order in this plaee, I will withdraw it and move to insert it when some subseQuent amendment of the Senate shall have been 

reaehed. 

The SPEAKER. The Chair thinks that the amendment is not germane to the amendment of the Senate now under consideration. 

Mr. HEWITI', of Alabama. I would like to have the gentleman 

from Indiana [Mr. BROWNE] withdraw his point of order against my 

amendment. He certainly is not afraid of a vote upon it. 

Mr. BROWNE, of Indiana. Whatever I might be inclined to do for 

a gentleman who is in favor of the bill, I can not withdraw my point 

of order for a gentleman who desires to defeat the bill. 

Mr. HEWITT, of Alabama. I have been a better friend of the Mexican soldiers than the gentleman from Indiana. 

Mr. TOWNSHEND. I insist upon the regular order. 

The SPEAKER. The question is on the motion of the gentleman 

from Illinois [Mr. TOWNSHEND] to concur in the Senate amendment. 

The question was taken by a viva voce -vote, but before the Speaker 

announced the result, 

Ur. HA.RDEHAN moved that the House adjourn. 

The SPEAKER. A motion to adjourn is not in order while the House 

is engaged in voting. 

· The question was taken upon concurring in the amendment of the 

Senate; and upon a division there were-ayes 96, noes 18. 

Mr. HARDEUA ..... ~, Ur. ROBERTSON, and others. No quorum. 

The SPEAKER. The point of order being made that no quorum has 

...-uted, the Chair will appoint tellers. 

Mr. STEELE. I call for the yeas and nays. 

Mr. BROWNE, of India.na. · Yes; let us have the yeas and nays. 

The question was taken upon ordering the yeas.and nays, and there 

were ~6 in the affirmative. 

So (theaffi.rmative being more than one-fifth of the last vote) the yeas. 

and nays were ordered. 

ENlWLLlCD BILL SIGNED. 

1Ir. PETERS, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled a bill of the· 

House of the following title; when the Speaker signed the same: 

A bill (H. R. 6861) making appropriations for the support of the 

Army for the fiscal year ending June 30, 1885, and for other purposes. 

PE.l.~SIONS FOR MEXICAN W AR1 E'.I'C. 

The House resumed the consideration of the bill (H. R. 566'7) granting pensions to the soldiers and sailors of the Mexican war, and for 

other purposes. · 

The question was upon concurring in the second amendment of. theSenate, upon which the yeas and nays had been ordered. 

The question was taken; and there were-yeas 177, nays 20, no voting 127; as follows: 

Adams, G. E. Atkinson, 

Bagley, 

Barr, 

Bayne, 

Beach, Blount, 

Boutelle, 

Brainerd, 

Breckinridge, 

Brewer, F. B. Browne, T . 1\.I. 

Brown, W. W. Burleigh, 

Burnes, Campbell, J. E. 

Campbell, J. H.. Cannon, 

Carleton, 

Cassidy, 

Chalmers, 

Cobb, 

Connolly, 

Cosgrove, 

Cox, W.R. Culbertson, W. W. Cullen, Curtin, 

Cutcheon, 

Davis, G. R. Davis, R. T. Dibble, 

Dingley, 

Duncan, 

Dunn, 

Eldredge, 

Elliott, 

Ellwood, 

English, 

Ermentrout, 

Evans, I. N. Everhart, 

Ferrell, 

Finerty, 

Follett, 

Arnot, 

Ballentine , Bennett, 

Cabell, 

Dargan, 

YEAS--177. 

Foran, Funston, 

Geddes, 

George, 

Glascock:, 

Goff, 

Greenleaf, 

Guenther, 

Halsell, 

Hardy, 

Harmer, 

Hart, Hatch, H. H. Hatch, W.H. 

Henderson, D. B. Henley, 

Hewitt, A . S. Hitt 

Hobiitzell, 

Holman, 

Holmes, 

H'ooper, Hopkins, 

Houseman, 

Howey, 

Hunt, 

James, 

Jeffords, 

Jones, B. W. Jordan, 

Kasson, Kean, 

K,eifer, 

Kleiner, 

Lacey, 

Laird, Lamb, 

Lawrence, 

LeFevre, 

Libbey, 

Long, 

Lovering, 

Lyman, McCoid, 

McComas, 

McCormick, 

Matson, 

Maybury, 

Miller, S. H. 

1\Iitchell, 

Morgan, 

Morrill, 

Muldrow, 

Murray, 

Mutchler, 

Neece, Nelson, 

Ochiltree, 

O'Hara, 

O'Neill, Charles O'Neill, J. J. 

Paige, 

Parker, 

Payne, 

Payson, 

Peel, 

Perkins, 

Peters 

Poland, 

Post, 

Price, 

Pusey, Randall, 

Ranney, 

Ray, Ossian Rice, 

Riggs, 

Robinson, J. S. 

Robinson, W. E. Rockwell, 

Rogers, J. H. Ro ecrans, Rowell, 

Ryan, 

Seney, 

Seymour, 

Skinner, C. R. Smalls, 

Smith, 

Spooner, 

N.AYB-20. 

Davis, L. H. Eaton, 

Garrison, 

Hancock, 

Lanham, 

Lore, 

McMillin, 

Mills, 

Oate, O'Ferrall, 

Springer, 

Steele, · Stephenson, 

Stewart, J. W. Stockslager, 

Storm, 

Strait, 

Sumner, D. H. Taylor, J. D. Thomas, 

Thompson, 

Townshend, 

Tully, 

Turner, Oscar Valentine, 

Van Alstyne, 

Vance, 

Wait, 

Wakefield, 

Wallace, 

Ward, Warner, A. J. 

Warner, Richard;, Washburn, 

Weaver, 

Weller, 

Wemple, 

White,J. D. • White, Milo Whiting, 

Wilkins, 

Wil on, James Wil on,W.L. 

Winans, E. B. Winans, John, 

Wise, G. D. Wolford, 

Wood, 

Woo.dward, 

Yaple, 

York, 

Young. 

Pierce, 

Pryor, 

Taylor, J. M. 

Tillman, 

Turner, H. G_ 

• 
1884. CONGRESSIONAL RECORD-HOUSE. 5983 

Adams, J.J. Aiken, 

Alexander, 

Anderson, 

Barbour, 

Barksdale, 

Belford, 

Belmont, 

Bingham, 

Bibee, 

Blackburn, 

Blanchard, 

Bland, 

Bowen, 

Boyle, 

llreitung 

Brewer, J. H. Broadhead, 

Brumm, 

Buchanan, 

Buckner, 

Budd, 

Caldwell, 

Calkins, 

Campbell, Felix Candler, 

Chace, 

Clardy, 

Clay, 

Clements, 

Collins, 

Converse, 

NOT VOTING-127. 

Cook, 

Covington, 

Cox, S. S. Crisp, 

Culberson, D. B. Davidson, 

Peuster, 

Dibrell, 

Dockery, 

Dorsheimer, 

Dowd, 

Dunham, 

Ellis, 

Evin, J. H. Fiedler, 

Findlay, 

Forney, 

Fyan, 

Gibson, 

Grave, 

Green, 

Hammond, 

Hanback, 

Hardeman, 

Haynes, 

Hemphill, 

Henderson, T. J. Hepburn, 

Herbert, 

Hewitt, G. W. Hill 

Hi~k, 

Holton, 

Horr, 

Houk, 

Hurd, 

Hutchins, 

Johnson, 

Jones, J. H. Jone ,J. K. Jones,J.T. 

KeUey, 

Kellogg, 

Ket-cham, 

Kinli:', · Lewis, 

Lowry, 

McAdoo, 

1t1illard, 

Miller, J. F. 1\filliken, 

:Money, 

2\lorrison, 

Morse, 

:Moulton, 

Muller, 

Murphy, 

Nicholls, 

Nutting, 

Patton, 

Pettibone, 

Phelps, 

Potter, 

Rankin, 

So the amendment of the Senate was concurred in. 

Ray, G. W., Reagan, 

Reed, 

Reese, 

Robertson, 

Rogers, W. F. Russell, 

Scales, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G. Slocum, 

Snyder, 

Sprigw;, 

Stevens, 

Stewart, Charles Stone, 

Struble, 

Sumner, C. A. Talbott, 

Taylor, E. B. Throckmort.n, 

Tucker, 

Van Eaton, 

Wadsworth, 

Wellborn, 

Williams, 

Willis, 

Wise,J.S. 

Worthington. 

Mr. LAMB. I am paired with the gentleman from Michigan [Mr. 

HORR], but understanding that on this question he would vote as I 

would, I have voted. 

The following additional pairs were announced: 

Mr. LoWRY with Mr. DINGLEY, on this vote. 

The following were announced as paired for this day: 

Mr. CoVINGTON with Mr. HOLTON. 

1\lr. THROCKMORTON with Ur. MILLARD. 

Mr. WILSON, of Iowa, with Mr. T ALBOIT. 

Mr. CooK with Mr. STRUBLE. 

The result of the vote was announced aa above stated. 

1\Ir. HARDEMAN. I move that the House do now adjourn. 

Mr. RA.l.~DALL. I would like to have the House remain in session 

until we receive from the Senate the fortification appropriation bill. 

Mr. TOWNSHEND. Oh, the House will remain in session. 

Ur. MILLER, of Pennsylvanla. We .are going to stay here until 

we pass this bill. - The questi&n being taken on the motion of Mr. HARDEMAN that the 

House adjourn, it was not agreed to, there being-ayes 35, noes 113. 

Mr. TOWNSHEND. I now demand the regular order. 

PRINTING REPORTS OF NATIONAL BOARD OF HEALTH. 

11-Ir. SMITH. I rise to make a privileged report. I am instructed by 

the Committee on Printing tO report back for immediate consideration 

the joint resolution (H. R. 260) authorizing the printing and binding 

of additionaJ copies of the reports of the National Board of Health. 

The report of the oommittee was read, as follows: 

Report from the Committee on Printing on joint resolution (H. R.es. 260,) au- thorizing the printing and binding of additional co pie of the reports of the N a- tiona! lloard of Health: The report for the years 1880,1 · 1, and 1882 of the National Board of Health contain many valuable papers, covering the results of long-<lontinued and care- ful investigation in matters affecting the public health. These investigations have been made by men the most eminent in their several lines of stndy, and it is gratifying to be able to state that the leading sanitarians, bothofthiscountry and of Europe, agree in their estimate of the extraordinary value of the serv- ice thus rendered by the board. The reports embrace the results of investiga- tions into yellow fever, cholera, diphtheria, the sanitary condition of our sum- mer resorts, the effect produced upon water by its filtration through soils, the sewerage systems of Europe, the .dow of sewers, and the analysis of water, 

together with reports on many other subje-cts relating to the public health. The report on water analysis is regarded by all competent judges to be the most complete and valuable inquiry into the sanitary relations of pota.ble water which has yet been made. · The report on the filtering capacity of oils made under the direction of Pro- fessor Raphael Pump~lly, of the Geological Survey, has awakened the liveliest intere t among sanitarians all over the world, and has been pronounced to be one of the most important contributions ever made, to our knowledge, of the propagation of epidemic diseases. . The report on the sewerage sy. terns of Europe gives in detail the genera.! sys- tt:lms and their application, together with their cost of construction and main- tenance, in the principal cities of Europe. The subje-ct of city and town sanitation is now attracting attention through- out the country, and all report bearing upon liiewerage, water supply, &c., are eagerly sought for. H is unnecessary to refer in detail to all of t.he investigations made by the board. The con tant demand for them from engineers, health authorities stu- dents in colleges, and sanitarians both in this and foreign countries fully ~ttest their value. Of the reporUI publi bed ince that for 1879, only the usual number has been printed, and the supply of those for 1880 and 1881 has been exhausted while t.he report for 1882 has but recently been delivered. ' In view of the importance of the subjects treated, and of the great value of the contributions thus made to the -general knowledge of sanitary subjects the board has had its reports stereotyped, in order that the cost of reprodu~tion m ight be reduced to the lowe t possible point. The Public Printer estimates that it will cost i3,426 to print the number of copies of the reports for the years 1880, 1881, and 1882, called for in the resolution. Y~ur committee is of the opinion that every effort to improve the sanitary condition of the people should be fostered. 

In view, therefore, of the importance of these reports in the addition which they make to our knowledge of sanitary subjects, we recommend the adoption of the resolution. A. HERR Sl\HTH. 

The joint resolution was read, as follows: 

ReSolved by the Senate and House of Rqrresentatives, &c., That the Public Printer be, and he is hereby,authorized to print and bind for use of the National Board of Health 2,000 copies of eaeh of its annual reports, beginning with the year 1880. 

Mr. SMITH. I am instructed by the committee to move an amendment, to strike out '' two'' and insert ''one;'' so as to provide for the 

printing of 1, 000 copies instead of 2, 000. · 

The amendment waa agreed to. 

The joint resolution as amended was ordered to be engrossed and read 

a third time; and being en~rossed, it was accordingly read the third 

time, and passed. · 

Mr. S!HTH mo'9'ed to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid 

on the table. 

The latter motion was agreed to. 

ORDER OF BUSL~ . . 

Mr. TOWNSHEND. I call for the regular order. ~Ir. SMITH. I have two further reports which are not privileged, 

but I ask that they may be received and placed upon the Calendar. 

The SPEAKER. The gentleman from Pennsylvania [Mr. SMITH] 

asks unanimous consent to make two reports from the Committee on 

Printing. 

Mr. STEELE. · I object. 

Mr. SMITH. They will create no discussion. 

Several members called for the regular order. 

ENROLLED BILL SIGNED. 

:Mr. NEECE, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly emolled a bill of the following title; when the Speaker signed the same: 

A bill (H. R. 6925) to amend sections 4381 and 4382 of the Revised 

Statutes of the United States, relative tofees levied and collectedfrom 

the owners and masters of vessels in domE--Stic commerce. 

RELIEF FROM CHARGE OF DESERTION. 

Mr. ROSECRANS. I submit the following privileged report. 

The Clerk read as follows: The committee of conference on the disagreeing vo'tes of the two Houses on the amendments of the Senate to the bill (H. R. 4383), an act to relieve certain sol<¥ers from the charge of desertion, having met, after full and free conference 

~y;;s~reed to re-commend and do recommend to their respective Houses as 

That the House recede from Senate amendments numbered 3, 4, 5, 6, 7, 8, 9, 10, 

11, 12, 13, and 14.. • . And the House recedes from Senat-e amendment numbered 1, with an amend- ment as follows: At end of section 1 insert: "Provided, That no soldier shall be relieved under this section who, not being sick or wounded, left his command without proper authority while the same was in the presence of the enemy." 

as 1::~:~~: reoedes from Senate amendment numbered 2, with an amendment 

In first paragraph strike out the words ''the service,'' and insert the words ''his command," and in second paragraph strike out the words'' the service"· and insert the words " his command." And the Senate agree to the same: 

The report was adopted. 

W. S. ROSECRANS, CHARLES H. MORGAN, GEO. W. STEELE, 

Managers on the part of the House .. 

F. M. COCKRELL, BENJ. HARRISON, W. J. SEWELL, 

Managers on the part of the Senate. 

Mr. ROSECRANS moved to reconsider the vote by which the report. 

was agreed to; and also moved that the motion to reconsider be laid Olb 

the table. 

The latter motion was agreed to. 

BRANCH SOLDIERS' HOl\!E. 

Mr. LAIRD. I submit the following privileged report. 

The Clerk read as follows: 1 The committee of conference on the disa~reeing votes of the two Houses. on the amendments of the Senate to the bill (H. R. 4696) to authorize the loca- tion of a branch home for disabled volunteer soldiers and sailors in either the States of Arkanee..s, Colorado, Kansa~. Iowa, Minnesota., Missouri, or Ne~ 

braska, having met, aftet full and free conference have agreed to recommend and do recommend to their respective Houses as follows: ' That the House recede from its disagreement to the amendments of the Sen- ate, and agree to the same with the following amendments: In section 5, after the word "rebellion," insert the words" and the volunteer soldiers and sailors o~ the war ?f 1812 and of the Mexican war;" also by adding the following pro- VISo to sect10n 5 : 

S~{;~o;;ided, Such disability was not incurred in service against the United 

·The report was adopted. 

W. S. ROSECRANS, CHARLES H. MORGAN, 

J. LAIRD, 

Managers on the part of th{S H01L8e. 

BENJ. HARRISON, JNO. F. MILLER, F. 1\1. COCKRELL, 

Managers on the part of the Sen.ate. 

-
CONGRESSIONAL RECORD-HOUSE. JULY 3, 

Mr. LAIRD moved to reconsider the vote by which the report was 

adopted; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MEXICAN PENSION BILL. 

The SPEAKER. The Clerk will read the next amendment. 

The 'Clerk read as follows: . 

Third amendment : Page 1, line i2, strike out the words "although the term of service may have been less than sixty days." 

The SPEAKER. What motion does the gentleman make? 

Mr. TOWNSHEND. I move to concur. The amendment was concurred in. 

Fourth amendment: Page 1, lines H and 15, strike out "as were married to such officers or soldiers or sailors prior to the discharge of such officers and en- listed men." 

Mr. TOWNSHEND. I move to concur, and demand the previous 

question. · Mr. HEWITT, of Alabama. I rise to a point of order that this amendment· under Rule XX, must have its first consideration in the Committee of- the Whole House on the state of the Union. 

Mr. TOWNSHEND. What is that? 

The SPEAKER. The gentleman from Alabama makes the point of 

order that this amendment, under Rule XX, must have its first consideration in the Committee of the Whole House on the stateofthe Union. 

The Chair will hear the gentleman's statement. 

Mr. HEWITT, of Alabama. The bill as it passed the House is to 

pension such widows as were married to soldiers prior to their discharge 

from the service. The Senate strikes out that limitation and confers 

the pension on the widow regardless of the time when she may have been 

married. 

The SPEAKER. That is not the amendment under consideration. 

Mr. HEWITT, of .Ala.bama. Yes; it is the fourth amendment. Rule 

XX requires an amendment of the Senate to go to the Committee of the 

Whole House on the state of the Union, when the point of order is 

made, provided if that amendment had been an original bill in the 

House it would be subject to the point of order. If the law s~d as 

the bill passed the House, giving a pension to the'widows of soldiers of 

the Mexican war who were married prior to the discharge of the soldier, and if a bill should be introduced to amend that law by striking 

out that provision, it would clearly be. subject to the point of order 

and wou1d have to go to the Committee of the Whole House on the 

state of the Union for its first consideration, because it pensions persons 

not entitled to pensions under the law as it stood. · · 

Mr. TOWNSHEND. I will not discuss the point of order. 

The SPEAKER. The Chai;r will suggest to the gentleman from Illinois the question whether or not this amendment of the Senate does 

not increase the number of persons to whom pensions will be allowed 

under this act, and if so whether it does not come within the terms of 

Rule XX. The Chair will state the original bill seems to have confined pensions to the Widows married previous to the soldiers' discharge. 

l't1r. TOWNSHEND. That is true. 

The SPEAKER. The Senate amendment strikes that out and gives 

pensions to surviving widows of soldiers, no matter when they were 

married, not only those married before the expiration of the term. but 

those married afterward. 

:Mr. TOWNSHEND. Then upon that statement I submit to the 

Chair wh~ther the point of order is good under the third clause of 

Rule XXIII, and I presume that is the clause to which the gentleman 

from Alabama refers. 

Mr. KEIFER. The gentleman from Alabama makes the point of 

order under the provisions of Rule XX. . Mr. TOWNSHEND. Well, thatcannotbesustained. I presume it 

is made unde1· the third clause of Rule XXIII, that all motions or propositions involving a tax or charge upon the people, &c., shall be first 

considered in a Committee of the Whole. 

I can not see how the gentleman can sustain his point of order upon 

t.he provisions of Rule XX. It must be upon the rule that I have read, 

if any; and where this amendment is subject to the point of order, I 

am not able to see. The SPEAKER. The point made by the gentleman from .Ala.bama 

is under the provisions of Rule XX, that any amendment of the Senate 

which if it had originated in the House would have been subject to 

the point of order, is still subject to the same rule if the point of order 

is made against it. 

Mr. TOWNSHEND. But the gentleman does not point out wherein 

it is subject to the point of order; he simply makes an assertion that 

it is. He says that under certain circumstances the point might be 

made. The provisions of Rule XX are: . 

Any amendment of the Senate to S:ny House bill shall be subject to the point 

of order that it shall first be considered in the Committee of the Whole House on the state of the Union if, originating in the House., it would be subject to that 

point. 

Now under that rule is this amendment subject to the point of order? 

I repeat, I presume that he bases it upon the third clause of Rule XXIII. 

The SPEAKER. The gentleman has stated that he bases his point 

of order on Rule XX. 

l't1r. HEWITT, of Alabama. I have made the point of order to the 

Speaker. I have been addressing the Chair on the point of order, and 

he understands it if the gentleman from illinois does not. 

The SPEAKER. The Chair desires to say to the gentleman from 

Illinois that the gentleman from Alabama claims the effect of the Senate amendment is to increase the number of persons who will receive pensions under the operations of this bill if it shall become a law 

over the number who would have been pensioned according to the provisions of the original bill. 

That is to say, if the bill provided that hereafter the widows of soldiers who had served in the war of 1812 should be pensioned, provided 

they were married to such soldiers before the service began, . and it was proposed to amend the bill by inserting a provision so as to make it include the widows of all such soldiers no matter whether they were married before or after the service began, the question is, would not that 

provision, if the point of order was made, have to be considered in a 

Committee of the Whole House on the state of the Union? 

l't'lr. TOWNSHEND. In answer to that suggestion I make this point: 

The amendment upon its face does not directly involve the expenditure 

of an additional dollar of money. . · Now, in the first place, to sustain the point of order it will be necessary to assume that there were soldiers who married subsequent to their 

discharge from that service. It does not so appear from the face of the amendment~ It does not appear upon the face of the amendment that 

any of these soldiers married after the service. 

It is only by argument that it can be claimed to involve an expenditure. It must, according to the rule, upon its face show an additional 

expenditure of money in order to make it subject to the point of order. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of their clerks; 

announced that the Senate had passed with amendments, in which the concurrence of the House was requested, a bill (H. R. 7440) making 

appropriations for fortifications and other works of defense and for the 

armament thereof for the fiscal year ending June 30, 1885, and for 

other purposes. 

The message further announced that the Senate had passed a bill of 

the following title, in which the concurrence of the House was requested, 

namely: . . 

A bill (S. 1250) for the relief of the l'tfission Indians in the State of 

California. 

FORTIFICATION APPROPRI.ATIO.bT BILL. 

Mr. RANDAL.L. I ask to take up the message from the Senate for the 

purpose of moving non-concurrence in the amendments of the Senate 

to the fortification appropriation bill and asking the appointment of a 

committee of conference on the disagreeing votes of the two Houses 

thereon. 

The motion was agreed to. 

Mr. RANDALL. I move to non-concur in the amendments of the 

Senate. 

Mr. KEIFER. Perhaps we had ootter have the amendments read. 

We may avoid a disagreement. 

Mr. RANDALL. I think it is better that it should take this course. 

The motion to non-concur was agreed to. 

Mr. ELLIS. Before the appointment of the conferees is made I 

desire to state that it is usual as I understand to appoint those gentlemen as conferees who have prepared the bill. We prepared the bill 

which was defeated by the House, and the substitute of the minority 

adopted. I believe the conferees should represent the will of the House. 

Believing so I must therefore ask to be excused from service on the 

conference committee, and beg the Chair will appoint some other gentleman. . The SPEAKER. The Chair will state to the gentleman that the 

practice of the House has always been to appoint as managers on the 

part of the House at a conference gentlemen who reptesent the prevailing sentiment of the House on the passage of the bill. 

Mr. RANDALL. That is thepractice; but the statement of the gentleman from Louisiana is very considerate. 

The SPEAKER. The Chair will not appoint any gentleman who 

represented the original bill,. but those who represent the views of the 

House as expressed by the vote upon the substitute. 

Mr. ELLIS. I desired to make this statement in order to avoid any 

mistake; and I wish to suggest further, that it is shMed in by my co- associates upon the committee. 

The SPEAKER. The Chair will appoint as conferees on the part 

ofthe House the gentleman from Pennsylvania, Mr. RANDALL; the 

gentleman from Alabama, Mr. FORNEY; and the gentleman from Ohio, 

Mr. KEIFER. MEXICAN W .AR PENSIONS. 

The SPEAKER. The House will resume the oonsiderntio:n of the 

pension bill. · · . . The point of order made by the ge:qtleman from Alabama IS pending. 

Mr. KEIFER. I think the difficulty about the point of order made 

here arises in the fact that it is in the nature of an amendment to strike 

out a portion of the House bill, and does not come here as an affirmative action on the part of the Senate in the fo:rm of an amendment7 
; 

-

1884. CONGRESSIONAL RECORD-HOUSE. 5985 

which amendment might.be of a character, if originated in the House, . to require its consideration in Committee of the Whole on the state of 

the Union. I think the difficulty is in giving application to the mere 

fact that this strikes out a part of the House bill and changes the number of persons perhaps who would become pensioners under the bill if 

it becomes a law. That can hardly be a sufficient reason for making 

the point of order. 

I think it ~ not very important whether the point of order be sustained now or on the next proposition we reach that may be subject to 

the point of order. But I consider it would be a doubtful policy to 

hold that an amendment of the Senate which simply struck out a part 

of the House bill when it came here would be subject to the point of 

order that we must consider that in Committee of the Whole House on 

the state ofthe.Union. 

The SPEAKER. Must not the Chair look to the effect of a proposed 

amendment to see whether it does or does not increase the expenditures? 

Mr. KEIFER. If it is an amendment of the Senate in the nature of 

an addition to the bill I have no doubt the Chair would have to look to 

the effect of it. But when we are dealing with the substance of the 

House bill itself it is hard to see how such an amendment as that could 

have originated in the House at all under any circumstances. 

The SPEAKER. Suppo e the House bill had been a law; for that 

is the way in which the Chair must look at it for the purpose of deciding this question. Suppose there was a law which provided for the 

giving of pensions only to those widows who were married before the 

discharge of the soldiers or t.he sailors; and suppose a proposition is made 

by a bill or amendment to add another clause which comes in the forlll 

of a proposition to strike out that limitation of the existing law, and 

the effect of which is to add another class of persons to the pension-roll, 

would not that be subject to the point of order? 

Mr. KEIFER. There is force in what the Chair suggests. But a 

literal construction of Rule XX I think would not bring this within 

the rule, because it is not an amendment that could have originated in 

the House. 

The SPEAKER. But a bill might have originated in the House to 

do this thing. And if the proposition is one which if it originated in 

the House would have been subject to the point of order then it is subject to the point of order under Rule XX, when it comes in the form 

of an amendment of the Senate. The Chair is inclined to think the 

point of order is well taken, but at the same time is not entirely clear 

about it. 

Mr. BROWNE, of Indiana. It strikes me the Chair is correct in assuming that this amendment on its face increases the number of beneficiaries, and that it must therefore go to the Committee of the Whole 

House on the state of the Union if the point is made. If the gentle- men who are opposed to the bill in its present shape are determined to 

send it there, it may as well go now. It may have to go under some of 

the subsequent amendments, and it is likely we can rea<.!h it in Committee of the Whole sooner by getting it there now than by allowing 

the gentlemen on the other side to :filibuster two hours longer and then 

send it. 

The SPEAKER. The Chair decides the point of order is well taken. 

The amendment will be referred to the Committee of the Whole House on the state of the Union. The Clerk will report the :next amendment. 

Mr. TOWNSHEND. Does the Chair decide that the bill now goes 

to the Committee of the Whole? 

The SPEAKER. The Chair thinks the House can proceed to dispose of other amendments of the Senate not subject to the point of 

order. 

Mr. HOLMAN. What is the decision of the Chair? 

The SPEAKER. The Chair decides the point of order is well taken, 

and that the amendment must be considered in Committee of the Whole. 

But the Chair holds the House can proceed with the other amendments, 

and dispose in the House of those that are not subject to the point of 

<lrder. 

The Clerk read. the fifth amendment of the Senate, as follows: 

In lines 23, 24, and 25, strike out these words: ".And provided further, That this act shall not apply to any person not a citizen of the United States." 

Mr. TOWNSHEND. I move to concur. 

Mr. HEWITT, of Alabama. I make the point of order on that 

amendment. 

Mr. KEIFER. Does not this limit the number of beneficiaries? 

·Mr. TOWNSHEND. To strike out these words increases the num- ber, because it lets in those who are not citizens of the United States. 

The SPEAKER. The effect of the amendment would eem to be to 

allow pensions to be given to persons who are not citizens. The point 

of order is well taken. The next amendment will be read. 

The Clerk read the next amendment, as follows: • 

In ~e 25 in ert: " (6} Pr011ided, That every uch o~cer, enlisted man, or widow 

who 1~ or.~ay become 62 years o.f age, or who 1s or may become subject to 1ll_lY dJsa.bihty or _dependency eqm':alent to some cause prescribed or recog- niZed by the pen 1on laws of the Umted State as a sufficient reason for the al- lowance of a peQSion, shall be entitled to the benefits of thi act; but it hall not be held to include any person not within the rule of age or disability or deXV--375 

pendency herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abetting the rebellion against the authority of the United States." 

Mr. TOWNSHEND. I move to concur in that amendment, and upon 

that I demand the previous question. 

Mr. STOCKSLAGER. I hope the House will not concur in that 

amendment. 

Mr. HEWITr, of Alabama. Will the gentleman from illinois permit me to ask him to state the effect of that amendment? 

Mr. TOWNSHEND. I insist on my call for the previous question. 

The House divided; and there were-ayes 81, noes 27. 

lfr. BUCHANAN. No quorum. 

.Mr. STEELE. I call for the yeas and nays. We may as well have 

the yeas and nays at once. · 

The yeas and nays were ordered, 48 members voting therefor. 

Mr. LAMB. I ask that the amendment be again reported. 

The SPEAKER. This vote is upon ordering the pretious question, 

as demanded by the gentleman from Illinois. 

The question was taken; and the1·e wer~yeas 134, nays 26, not 

voting 164; as follows: 

Adams, G. E. 

Alexander, 

Atkinson, 

Bagley, 

Bayne, 

Boutelle, 

Brainerd, 

Brewer, F. B. Browne, T. M. Brown,W.W. 

Campbell, J. E. 

Cannon, 

Cassidy, 

Cobb, 

Cosgrove, 

Culbert.aon, W. W. 

Cullen, 

Cutcheon, 

Davis,G.R. 

Dorsheimer, 

Ellwood, 

English, 

Ermentrout, 

Evans, I.~. 

EYer hart, 

Ferrell, 

Finerty, 

Follett, 

Foran, 

Funston, 

Garrison, Geddes, · George, 

Glascock, 

Aiken, 

Arnot., 

Ballentine, 

Barksdale, 

Buchanan, 

Cabell, 

Caldwell, 

Adams,J.J, 

Anderson, Barbour, 

Barr, 

Beach, 

Belford, 

Belmont, 

Bennett, 

Bingham, 

Bibee, 

Blackburn, 

Blanchard, 

Bland, 

Blount, 

Bowen, Boyle, 

Breckinridge, 

Brei tung, 

Brewer, J. H. Broadhead, 

Brumm, 

Buckner, 

Budd, 

Burleigh, 

Burnes, Calkins 

Campb~ll, Felix Campbell, J.l\1. Candler, 

Carleton, 

Chace, 

Chalmers, 

Clardy, 

Clay, 

Clements, 

Collins, 

Converse, 

Cook. 

Cox,S.S. 

Cox,W.R. 

Crisp, 

YEAS-134. 

Goff, 

Graves, 

Greenleaf, 

Hardy, 

Hart, 

Hatch, H. H. Henderson, D. B. 

Henley, 

Hewitt, A . S. Hitt 

Ho~an, 

Holmes, 

Hooper, 

Hopkins, 

Howey, 

James, "Jeffords, 

Jones,B.W. 

Jordan, 

Kasson, 

Kean, 

Keifer, 

Ketcham. 

Kleiner, 

Lacey, 

Laird, 

Lamb, 

Lawrence, 

LeFevre, 

Libbey, 

Long, 

Lovering, 

Lowry 

McCoid, 

McComa-s, 

McCormick, 

Matson, 

~!organ, 

Morrill, 

Murray, 

Neece, 

O'Hara 

O'Neill:J.J. Paige, 

Parker, · Payne, 

Perkins, 

Phelps, 

Poland, 

Potter, 

Price, 

Pusey, 

Randall, 

Ranney, 

Ray, Ossian 

Rice, 

Riggs, 

Robinson, J. S. Rockwell, 

Rowell, 

Ryan, 

Seney, 

Seymour, 

Skinner, C. R. Smalls, 

Smith, 

Spooner, 

Springer, 

NAYs-26. 

Connolly, 

Covington, 

· Dargan, 

Halsell, 

Hoblitzell, 

Lyman, 

McMillin, 

Muldrow, 

Mutchler, 

Peel, 

Pierce, 

Pryor, 

Tillman, 

Turner, Oscar 

NOT VOTING-164. 

Culberson, D. B. Curtin, 

Davidson, 

Davis,L.H. 

Davis,R.T. 

Deuster, 

Dibble, 

Dibrell, 

Dingley, 

Dockery, 

Dowd, 

Duncan, 

Dunham, 

Dunn, 

Eaton, 

Eldredge, 

Elliott., Elli 1 

Evins,J.H. 

Fiedler, 

Findlay, 

Forney, 

Fyan, 

Gibson, 

Green. 

. Guenther, Hammond, 

Hanback, 

Hancock, 

Hardeman, 

Harmer, Hatch, W.H. Haynes, 

Hemphill, 

Henderson, T. J. Hepburn, 

Herbert, 

Hewitt, G. W. Hill, Hiscock, Holton, 

Horr, 

Houk. 

Hou~man, 

Hunt, 

Hurd, 

Hutchins, 

Johnson, 

Jones,J.H. Jones,J.K. 

Jone ,J.T. 

Kelley, Kellogg, 

King, 

Lanham, 

Lewis, 

Lore, 

· McAdoo, 

Maybury, 

l\Iillard, 

Miller, J. F. Miller, S. H. Milliken, 

Mills, 

1\'litchell, l\Ioney, 

Morrison, 

:Morse, 

Moulton, 

Muller, Murphy, 

Nelson, 

Nicholls, 

Nutting, 

Oates, 

Ochiltree, 

O'Ferrall, 

O'Neill, Charles Patton, Payson, Peters, Pettibone, 

Steele, 

Stephenson, 

Stewart, J. W. Stockslager, 

Strait, 

Sumner, D. H. Taylor, .J. D. Thoma-s, 

Thompson, 

Townshend, 

Tully, 

Valentine, 

Van Alstyne, 

Wait, 

Wakefield, 

Wallace, 

Ward, 

Warner, A. J. Washburn, 

Weaver, 

Weller, 

Wempl~ 

White, J.D. White, Milo 

Whiting, 

Wilkins, 

Wilson, W. L. Winans, E. B'. 

Winans, John Wood, 

Yaple., York. 

Vance, 

Van Eaton. Warner, Richard Wise, G. D. Wolford. 

Post, 

Rankin 

Ray,G.W. 

Reagan, 

R-eed, 

Reese, 

Robertson, 

Robinson, W. E. 

Rogers, J. H. Rogers, W. F. 

Rosecrans, 

Russell, 

Scales. 

Sh>~.w. 

~helley, 

Bingleton, 

Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stone, 

Storm, 

Struble, 

Sumner, C. A. 

Talbott, 

Taylor, E. B. Taylor, J. M. Throckmorton, 

Tucker, 

Turner, H. G. Wadsworth, 

Wellborn, 

'Villiams, 

Willis, 

Wilson, James Wise, J. S. Woodward, 

Worthington, 

Young. 
5986 CONGRESSIONAL RECORD- HOUSE. JULY 3, 

The following additionaJ. pairs were announced: 

Mr. DEUSTER with Mr. GUENTHER, on all questions for this day. 

Mr. OcmLTREE with Mr. TucKER, for the remainder of the day. 

:Mr. TULLY with Mr. DmRELL, for this day. 

.Mr. CLAYwithMr.WHITE, ofKentucky, fortheremainderoftheday. 

Mr. REESE with Mr. ELLIOTr, on this bill. Mr. REESE would vote 

''no,'' and Mr. ELLIOTT would vote '' ay. '' 

Mr. HERBERT with Mr. BEACH, on this bill. 

.Mr. :M:ILLER, of Pennsylvania, with Mr. TuRNER, of Georgia, for 

the remainder of the day. Mr. MILLER would vote to concur in the 

Senate amendments to the pending bill and Mr. TURNER would vote 

against concurring. 

Mr. TAYLOR, ofTennessee, with Mr. PosT, of Pennsylvania, on the 

pending bill. Mr. TAYLOR would vote "no " and Mr. PosT would 

vote "ay." 

Mr. YoUNG with Mr. STORM, on this bill Mr. YOUNG would vote 

''ay '' and Mr. STORM would vote '' no.'' 

Mr. PAYSON with Mr. OATES, on the pending bill, for this day. 

Mr. PAYSON would vote for the bill and Mr. OATES against it. 

Mr. WARNER, of Ohio, with Mr. O'NEILL, of Pennsylvania, until 

further notice. 

Mr. KETCHA111 with Mr. CoBB, for the remainder of to-day's session. 

Mr. WARNER, of Ohio. I am announced as paired with Mr. O'NEILL, 

of Pennsylvania. I did not suppose that the pair would take effect 

until to-morrow, and the:.;efore I have voted. But assuming that Mr. 

O'NEILL, if present, would have also voted "ay," I will allow my 

vote to stand. 

The SPEAKER. Upon ordering the previous question the yeas are 

134, the noes 26. 

Mr. VAN EATON. No quorum has voted. 

Mr. BARKSDALE. I request the gentleman from lllinois [Mr. 

TOWNSHEND] to permit me to ask unanimous consent to have a division of the question on this amendment of the Senate, so as to strike out 

all after the word '' act,'' in line 31. 

Mr. TOWNSHEND. In order to avoid the question of a quorum I 

would have no objection toallowingaseparatevote, as requested by the 

gentleman from Mississippi [Mr. BARKSDALE]. In reality, I myself do 

not like the amendment of the Senate, but to secure the passage of the 

bill I feel that I must insist upon concurring in every amendment of 

the Senate. However, to avoid delay, I hope consent will be given to 

have the amendment divided. 

The SPEAKER. But the record shows that no quorum is present. 

Mr. BARKSDALE. In order to explain my meaning, I will say 

that I ask a separate vote on this portion of the Senate amendment: 

But it shall not be held to include any person not within the rule of age or disabiht.y or dependency herein defined, or who incurred such disability while 

in any manner voluntarily engaged in or aiding or abetting the rebellion against the authority of the Unit.ed States. 

Mr. GARRISON. I move that the House now adjourn. 

The motion was not agreed to, upon a division-ayes 56, noes 72. 

Mr. BROWNE, of Indiana. I understand that the last vote by yeas 

and nays disclosed the absence of a quorum. 

The SPEAKER. It did. . Mr. BROWNE, of Indiana. It is perfectly clear that we can do 

nothing in the absence of a quorum of the House, and I therefore move 

a call of the House. 

A call of the House was ordered; there being upon a division-ayes 

64, noes 56. 

Mr. HEWITT, of Alabama. I move that the House now adjourn. 

The question was taken upon the motion to adjourn; and upon a division there were-ayes 57, noes 74. 

Before the result of the vote was announced, 

Mr. HEWITT, of Alabama, said: I think we had better have the 

yeas and nays on the motion to adjourn. 

The question was taken upon ordering the yeas and nays, and there were 32 in the affirmative. 

The SPEAKER. That is more than one-fifth of the last vote. 

Mr. BROWNE, of Indiana. Count the other side. 

The negative vote was counted, there being 96. 

The SPEAKER. Upon ordering the yeas and nays, the ayes are 32, 

noes 96. More than one-fifth voting in favor thereof, the yeas and 

nays are ordered. 

The question was taken; and there were-yeas 49, nays lll,_not voting 164; as follows: 

Adams,J.J. 

Aiken, 

.Alexander, 

• Arnot, 

Ballentine, 

Barbour, 

Barksdale, 

Bennett, 

Buchanan, 

Cabell, 

Caldwell, 

Candler, 

Carleton, 

Cassidy, 

Clements, 

Cosgrove, 

Cox,W.R. 

Dibble, 

Dowd, 

Dunn, 

Forney, 

Garrison, 

Green, 

Greenleaf, 

Halsell, 

Hemphill, 

YEAS-49. 

Hewitt, A. S. 

Hewitt, G. W. 

Lore, 

Miller,J.F. 

Mutchler, 

O'Ferrnll, 

Peel, Pierce, 

Potter, 

Pryor, 

Ranney, 

Rogers, J. H. 

Singleton, 

Thompson, 

Tillman, 

Turner, H. G. 

Turner, Oscar 

Van Alstyne, Wallace, 

Warner, Richard 

Williams, 

WilSOI}_, W.L. 

Wise,u-.D. 

NAY8-111. 

Adams,G;E. Goff, Miller, S. H. 

Atkinson, Graves, Morgan, 

Bayne, Hardy, Morrill, 

Boutell if Hart, Murray, 

Brainer , Henderson, D. B. O'Hara 

Brewer, F. B. Henley, O'Nem; Charles 

Brewer,J.H. Hitt, O'Neill, J. J. 

Browne, T. M. Holman, Paige, 

Budd, Holmes, Parker, 

Campbell, J. E. Howey, Payne, 

Cannon, James Perkins, 

Culbertson, W. W. Jeffords, Phelps, 

Cullen, Johnson, Poland, 

Curtin, Jordan, Price, 

Outcheon, Kea.n, Randall, 

Davis,G.R. Kleiner, Ray, Ossian 

Ellwood, Lacey, Rice, 

English, Laird, Robinson, J. S. 

Ermentrout, Lamb, Rockwell, 

Evans,I.N. Lawrence, Rosecrans, 

Everhart, LeFevre, Ryan, 

Ferrell, Libbey, Seney, Follett, Long, Seymour, 

Fomn, Lovering, Skinner, C. R. 

Funston, Lowry, Smalls, 

Geddes, McCoid, Smith, 

George, McComas, Spooner, 

Glascock, McCormick, Springer, 

NOT VOTING-164. 

Anderson, Davis,R.T. Hutchins 

Bagley, Deuster, Jones,B.W. 

Barrch Dibrell, Jones1 J.H. 

Bea , Dingley, Jones,J.K. 

Belford, Dockery, Jones,J.T. 

Belmont, Dorsheimer, Kasson, 

Bingham, Duncan, Keifer, 

Bisbee, Dunham, Kelley, Blackburn, Eaton, Kellogg, Blanchard, Eldredge, Ketcham, 

Bland, Elliott, King, 

Blount, Ellis, Lanham, 

Bowen, Evins,J.H. Lewis, 

Boyle, Fiedler, Lyman, 

Breckinridge, Findlay, McAdoo, 

Breitung, Finerty, McMillin, 

Btoadhead, Fyan, Matson, 

Brown,W.W. Gibson, Maybury, 

Br=, Guenther, Millard, 

Buckn!'lr, Hammond, Millikea, 

Burleigh, Hanback , ?!fills, Burnes, Hancock, Mitchell, 

Calkins, Hardeman, :!'.Ioney, Campbell, Felix Harmer, Morrison, 

Campbell, J. M. Hatch, H . H. Morse, 

Chace, Hatch,W.H. Moulton, 

Chalmers, Haynes, Muldrow, 

Clardy, Henderson, T. J. Muller, 

Clay, H epburn, Murphy, 

Cobb, Herbert, N~ece, 

Collins, Hill, Nelson, Connolly, Hiscock, Nicholls, 

Converse, Hoblitzell, Nutting, 

Cook, Holton, Oates, 

Covington, Hooper, Ochiltree, 

Cox,S.S. Hopkins, Patton, Crisp, Horr, P ayson, 

Culberson, D. B. Honk, Peters, 

Dargan, Houseman, Pettibone, 

Davidson, Hunt, Post, 

Davis,L.H. Hurd, Pusey, 

So the motion to adjourn was not agreed to. 

The following additional pairs were announced: 

Steele, 

Stephenson 

Stewart,J. W. 

Stockslager, 

Strait, 

Sumner D. H. 

Taylor, J.D. 

Thomas, 

Townshend, 

Valentine, 

Vance, 

Wait, 

Wakefield, 

Ward, 

Washburn, 

Weaver, 

Weller, 

Wemple, White, Milo 

Whiting, 

Wilkins. 

Wilson, James 

Winans, John 

Wolford, 

Wood, 

Yaple, 

York. 

Rankin 

Ray,G.W. 

Reagan, 

Reed, 

Reese, 

Riggs, 

Robertson 

Robinson, W. E. 

Rogers, W. F. 

Rowell, 

Russell, 

Scales, 

Shaw, 

Shelley, 

. 

Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stone, 

Storm, 

Struble, 

Sumner, C. A. 

Talbott, 

Taylor, E. B. 

Taylor, J. M. 

Throckmorton, 

Tucker, 

Tully, Van Eaton, 

Wadsworth, 

Warner,A.J. 

Wellborn, 

White, J.D. 

Willis, 

Winans, E . B. 

Wise,J.S. 

Woodward, Worthingtoa, 

Young. 

M:r. BENNE'IT with :Mr. HART, on all questions, for the remainder of 

the day. 

Mr. DARGAN with Mr. BROWN, of Pennsylvania, on the Mexican 

pension bill. . Mr. RIGGS with Mr. VAN EATON, for the remainder of the day, on the Mexican pension bill. Mr. RIGGS would vote for the bill at all its 

stages and Mr. VAN EATON against it. 

Mr. G<>FF with Mr. MULDROW, on all political questions, for the re- mainder of the day. 

TP.e result of the vote was then announced as above stated. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by lli. SYMPSON, one of its clerks, informed the House that the Senate had passed without amendment a bill of the House of the following title: 

A bill (H. R. 6514) for the relief of Catharine H. Glick. 

The message further announcedthattheSenateinsistedonitsamendments disagreed to by the House to the bill (H. R. 5709) to amend 

article 72 of the Rules and Articles of War, and requested a confer- ence on the disagreeing votes of the two Houses thereon, and had appointed as the conferees on the part of the Senate Mr. LOGAN, Mr. 

HAWLEY, and Mr. MAXEY. 

The message further announced that the Senate insisted upon its 

amendments disagreed to by the House to the bill (H. R. 7440) making appropriations for fortifications and other works of defense, and for 

the armament thereof, for the fiscal year ending .J nne 30, 1885, and for 

other purposes, had agreed to the conference asked by the House on the disagreeing votes of the two Houses thereon, and had appointed as 
1884. CONGRESSIONAL RECORD- HOUSE. 5987 

the conferees on the part of the Senate Mr. DAWE , Mr. LoGAN, aRd 

Mr. CoCKRELL. 

The message also announced that -the Senate had passed and re- quested the concurrence of the Honse in the following resolution: 

Resolved by the Senate (the House of .Representatives concurring), 1. That the Joint Committee on Public Printing is hereby instructed to examine into the numbers printed of the various documents, reports, bills, and other papers published by order of Congress, or of either House thereof, and of the CONGRESSIONAL RECORD, _ and to report a bill in December next, making such restrictions in the numbers and cost of printing, and such changes and reductions in the distribution of said publications as they may deem expedient, with a report giving their reasons therefor; and that the said committee is also instructed to investigate the printing and binding for the Executive Departments, executed at the Government Printing Office, and at the branch printing offices and binderies in the various Departments, and report a bill in December next making such reductions in expenses and imposing such checks as they may deem expedient, with a report 

giving their reasons therefor; and said committee is further instructed to make a.ny other investigations calculated in their opinion to reduce the cost of the public printing, and report the result thereof; and the said committee is hereby authorized to summon and to examine experts and witnesses, and to call upon the heads of the Executive Departments and the Public Printe.r for such infor- mation regarding the preceding matters as they may desire j and any expenses necessarily incurred in making the investigations aforesaia shall be defrayed 

equally from the contingent funds of the two Houses ofCongress. 2. Said committee is hereby authorized to sit during the recess for the purposes of the first section hereof and in the discharge of its usual duties. 

ORDER OF BUSINESS. 

The SPEAKER. A call of the Honse having been ordered, the Clerk 

will now proceed to call the roll. 

The roll was called; and the following members failed to answer to 

their names: 

Aiken, Deuster, Jones, J. T. 

Anderson, Dingley, Kasson, 

Bagley, Dockery, Kelley, . Barr, Duncan, Kellogg, 

Beach, Dunham, King, 

Belford, Eaton, Lewis, 

Belmont, Elliott, Lyman, 

Bennett, Evins, J. H. McAdoo, 

Bingham, Fiedler, McComas, 

Bisbee, Findlay, Millard, 

Blanchard, Finerty, Milliken, 

Bland, Fyan, Mills 

Bowen, Gibson, J'.Iitchell, 

Boyle, Guenther, Money, Breitung, Hammond, 1\Iorrison, 

Brewer, F. B. Hanback, Morse, • Brewer, J. H. Hardeman, Moulton, 

Broadhead, Harmer, Muldrow, Brown, ,V, W. Hart1 Muller, 

Buckner, Hatcn, H. H. Murphy, 

Burleigh, Hatch, W. H. Neece, 

Campbell, Felix Haynes, Nelson, 

Campbell, J. M. Henderson, T. J. Nicholls, 

Chace, · Hepburn, Nutting, 

Clardy, Herbert, Oates, Clement.s, Hill, Ochiltree, Collins Hoblitzell, O'Neill, Charles Connolly, Holton, Patton, 

Converse, Hopkins, Payson, 

Cook, Horr, Peters, 

Covington, Honk, Pettibone, 

Cox, S. S. Hurd, Post, 

Dargan, Hutchins, Pusey, 

Davidson, Jones, B. W. Rankin Davis, L. H. Jones, J. K. Ray, G.'W. 

Reagan, 

R~se, 

R1ggs, 

Robinson, W. E . 

Rogers, W. F. Rowell, 

Russell, 

Scales, 

Shaw, 

Shelley, 

Skinner, T. G. Slocum, 

Smith, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles Stone, . Sumner, C. A. 

Talbott, 

Taylor, E. B. Throckmorton, 

Van Alstyne, Van Eaton, 

Wadsworth, 

Wemple, 

White,J. D. Wilkins, 

Willis, 

Wise~-!· S. W ortnington, 

Young. 

The SPEAKER. The doors of the Honse will now be closed. On 

this call one hundred and eighty-seven members have responded to their names. 

Mr. GEORGE D. WISE. I move that the Honse now adjourn. 

l'tlr. RANDALL. I hope the Honse will not adjourn. I think it important, when the Honse shall cease work to-day, that it shall take a recess until10 o'clock to-morrow morning. The conference committee on the deficiency bill have concluded their deliberations so f::u: as they 

can as conferees. The controversy betweeen the conferees must now 

be settled by their respective Houses. It is therefore important that ·a recess be taken until to-morrow at 10 o'clock, and by that time the 

committee on conference will be ready to report. I do not desire to 

make any motion now, but I suggest that when the Honse ceases its 

labors to-day it shall take a recess until 10 o'clock to-morrow. 

The SPEAKER. Before a motion can be made for a recess, the Honse 

must dispense with further proceedings under the call. 

Mr. TOWNSHEND. I think I can make a proposition which will 

meet the approval of the Honse. 

Mr. THOMPSON. I move to dispense with all further proceedings 

under the call. 

The motion of Mr. THOMPSON was agreed to. 

The SPEAKER. The Doorkeeper will reopen the doors. 

Mr. BLOUNT. I wish to make an inquiry in reference to the deficiency bill, whether or not it is likely that tlie conferees will be able 

to make any report to-night. 

1tlr. RANDALL. There is a possibility that the clerks may have 

the report ready so that the signatures r.::m be attached some time tonight, I can not say at what hour-perhaps 9 or 10 o'clock. 

!fr. TOWNSHEND. I would like to submit this proposition, that 

for the purpose of ending the struggle on the Mexican war pension bill, 

the Honse agree to non-concur in the Senate amendments and send the 

bill to a committee of conference at once. · 

Mr. DUNN. Ah! 

.1\fr. TOWNSHEND. Is there any objection to that? 

Mr. BLOUNT and others. There is. 

Mr. THOMPSON. I move that the Honsetakea recess till to-mor- row morning at 10 o'clock. 

Mr. TOWNSHEND. I hope that motion will be voted down. 

The motion of Mr. THOMPSON was agreed to; and accordingly (at 6 

o'clock and 20minutes p.m.) the Honse took a recess till to-morrow at 

10 o'clock a.m. 

AFTER RECESS. 

At 10 o'clock a.m., Friday, July 4, the Honse resumed its session. 

LEAVE OF ABSENCE. 

By unanimous consent leave of absence was granted in the following cases: 

To Mr. HEWITT, of New York, indefinitely after to-day. 

To Mr. THROCKMORTON, for the remainder of the day on account 

of indisposition. 

To Mr. ANDERSON, for the remainder of the Session on oocount of 

sickness. 

To Mr. RAY, of New York, indefinitely on account of important 

business. 

To Mr. CANDLER, after to-day on account of important business. 

To Mr. CuRTIN, for ten days. 

To Mr. BRAINERD, for one week after to-day on account of important business. 

To Mr. HATCH, of Missouri, for the remainder of this legislative day on account of sickness. • 

To Mr. MATSON, for ten days on account of important business. 

To Mr. BEACH, for the balance of the day, on account of sickness in 

his family. 

To Mr. O'FERRALL, indefinitely, on account of important business. 

To Mr. BROWN, of Pennsylvania, for the balance of the day's ses- sion. 1 

To Mr. ARNoT, for ten days, on a(',count of important business. 

To Mr. WARD, for the remainder of the session, on account of important business: · 

To Mr. LAMB, indefinitely, on account of import.ant business. 

To Mr. CoBB, for to-day. 

To Mr. SPRIGGS, for ten days, on account of important business. 

To Mr. KING, for four days. 

To Mr. CONNOLLY, for one week, on account of important business. 

ESTATE OF WILLIAl\I FOWLE, DECEASED. 

On motion of Mr. BARBOUR, by unanimous consent, leave was- granted for the withdrawal from the files of the Honse of the papers in 

the claim of the ~te of William Fowle, deceased. 

LEAVE TO PRINT. 

.Mr. PARKER, by unanimous conseat, was granted leave to print in 

the RECORD some remarks on the subject of the public lands. 

Mr. WILLIAMS was also granted leave to print some remarks on the educational bill. 

DEPARTMENT OF JUSTICE. 

On motion of Mr. SPRINGER, by unanimous consent, in behalf of 

the Committee on Expenditures in the Department of Justice, leave was granted for that committee Lo file its report and the views of the 

minority with the Clerk of the Honse within sixty days after the adjournment, and that the report and views of the minority be printed. 

ROSA VERTNER JEFFREY AND OTHERS. 

The SPEAKER. At the request of the Ho~e the Senate has re- turned a bill (H. R. 2185) for the relief of Rosa V ertner Jeffrey and 

others for the purpose of correcting an alleged mistake in its engross-· ment. When this bill was before the Honse the other morning it was: 

taken up by unanimous consent and certain words recommended to b 

inserted by the Committee on War Claims were stricken out of the bill as sent from the Clerk's desk, a line being drawn through them, but the 

clerk in engrossing the bill has included those words. The Clerk will 

read the words: 

The Clerk read as follows: 

st.!~~- the proceeds thereof received by the authorized agents of the United 

Mr. POWELL. The engrossment was wrong. 

The SPEAKER. If there be no objection, the engrossment of the 

bill will be corrected. 

There was no objection, and it was ordered accordingly. 

HALL. 

Mr. HARDY, by unanimous consent, from the Committee on Acoustics and Ventilation, submitted the following resolution. 

The Clerk read as follows: 

Reso!1!ed, That the Commi~tee on Ventilation of th~ Hall of the House ofRepr~ 

sentahves, or any subcoiDIDlttee thereof, be authoriZed to sit during the recess with like power and authority as when Congress is in session. 
I' . 

5988 CONGRESSIONAL REOORD-HOU~E. JULY 3, 

Resolved, That said committee shall have control of the lighting, heating, and ventilatin&" of the Hall of the House of Represen~tives at all times when the House is not in session: Provided, That nothing herein shall be so construed as to authorize said committee to interfe.re with any alteration or improvement heretofore directed by Ia w. 

1\Ir. YOUNG. I did not gather the terms of the resolution, as it 

was read. 

The SPEAKER. It is -a resolution authorizing the committee to sit 

dQiing the reces.S. 

1\Ir. HARDY. It is in the same terms precisely as one submitted by 

the present Speaker of the House in the Forty-aixth Congress. 

Mr. YOUNG. I wish to instruct the committee to examine certain 

methods of ventilating the Hall and report to the next session of Congress. I am sati :fied improvement can be made on the present system, and the committee ought to be instructed to make thorough investigation to that end. I had prepared a resolution, and without 

knowing exactly how it will come in as an amendment to the present 

resolution, I will nevertheless offer it. 

The Clerk read as follows: 

Resolved, That the Architect of the Capitol, the Secretary of the Smithsonian 

Institution, and the Commissioner ofPublic Buildings and Grounds be, and they are h ereby, authorizedanddirected to accept the proposition for testing the new sy t-em of the Exhaust Ventila tor Company, of Chicago, and also the plans and system of any other company or persons for ventilating the Capit<>l, and re- port to the next session of this House the result of the exp-eriments made by 

them. 

_1\Ir. HARDY. I object to that as an amendment to the resolution I 

have offered. It is not germane at all events. 

Mr. YOUNG. At the time I prepared this resolution I did not know 

that a similar proposition was to be offered giving authority to the 

committee. • I therefore move to strike out the names of the persons 

mentioned in that amendment or tO modify it in that wa~, and give 

this authority to the committee as proposed by the resolution of the 

gentleman from New York. 

1\Ir. HARDY. The resolution originally offered provides that this 

shall be under the charge of tho Committee on Ventilation and Acoustics, that committee-properly having control of the subject. 

Mr. TOWNSHEND. I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. TOWNSHEND. I wish to ask if under that resolution this 

committee would have the power to rearrange the desks and seats of 

members on this :floor? 

The SPEAKER. The Chair thinks not. 

:Mr. YOUNG. They ought to have that power. 

Mr. TOWNSHEND. I hope such authority will be given to the 

committee so that these desks may be removed and the seats rearranged 

for the convenience of members. 

1t1r. YOUNG. It will be a very proper thing to authorize the committee to look into and consider the subject at all events. 

.Mr. TOWNSHEND. If that power is not already conferred upon 

the committee I hope they will ask for it. 

Mr. D.A VIS, of Illinois. I would not be willing to authorize any 

committee to take away the desks. 

Mr. HARDY. Such authority is not embodied in the original res- olution, and if it is deemed necessary by the House to assign that duty 

to the committee I should much prefer it being done under another 

and separate resolution. 

· It is necessary that the resolution offered by the committee should be 

adopted so that such matters as relate to the acoustics and ventilation 

of the Hall may be referred to themfora<!tionand report to the House. 

There is no objection to the consideration of the subject suggested by 

the gentleman from Illinois, if the House shall see :fit to direct the 

committee to consider it; but I hope the authority to do so will not be 

iacorporated as an amendment upon this resolution. I trust this resolution will be adopted as itis, and thenifthe House deem it necessary 

-to confer further authority upon the committee let that be done under 

;a separate proposition. 

Tbe SPEAKER. The Chair thinks the amendmentproposed by the 

gentleman from Tennessee is not in order as an amendment to the 

pending propo ition. 

Mr. YOUNG. I withdraw the resolution. 

The SPEAKER. The question is upon the adoption of the resolutipn proposed by the gentleman from New York. 

Mr. HARDY. On that I demand the previous question. . 

The previous question was ordered, and under the operation thereof 

the resolution was agreed to. 

Mr. HARDY moved to reconsider the vote by which the resolution 

was adopted; and also moved that the motion to reconsider be laid on 

the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

~Ir. DUNN. I demand the regular order. 

Mr. TUCKER. I appeal to my friend from Arkansas to withdraw 

the call for the regular order in order that I may be permitted to call -up a Senate bill for the relief of a man from political disabilities. He 

is a soldier in the Army, a private in the ranks. and is disabled from 

even being promoted to the position of corporal in the Army of the 

United States, by reason of the twelve hundred and eighteenth section 

of the Revised Statutes. I ask, therefore, to have his disabilities re- moved. -

Mr. DUNN. I regret very much that the distinguished gentleman 

from Virginia can not reach the measure he desires under the rules of 

this House. I am anxious to have a rule adopted which will enable him 

and other members of the House to do so. But, sir, I desire to say that 

while I will make no objection to the necessary orders to correct clerical 

errors and mistakes in the enrollment anti transmission ofbills between 

the two -Houses, or their preparation for :final disposal, nor object to the 

necessary orders to further facilitate the reports of conference committees, 

nor make objection to necessary orders to fa-cilitate, perfect, and continue 

investigations ordered by the House, I shall, as to everything else, feel 

compelled to make objection until we can have a rule adopted that will 

secure an opportunity for everybody to have such measures properly 

attended to before the House. 

1\Ir. REED. We can not crowd everybody into two days. 

Mr. HENDERSON, of Iowa. I hope the gentleman will not insist 

upon the demand for the regular order for a moment. I have a matter 

here which will not occupy much time. (Cries of "Regular order!"] 

BUREAU OF MILITARY JUSTICE. 

Mr. ROSECRANS. I arise to submit a privileged report. 

I am directed by the committee of conference on the disagreeing 

votes of the two Houses on the Senate bill No. 838 to submit the report 

which I send to the desk. 

The SPEAKER. The Clerk will read the report. 

The Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 838) to consolidate the Bureau of l\1ilitary Justice and the corps of judge-advocates of the Army, and for other purposes, having met, alter full and free conference have agreed to recommend and do recommend to their respective Houses as follows : That the House recede from ita amendments and that the conferees of the Sen- ate and Honse agree to the Senate bill with the following amendments: In line 6 strike out the word "two "and insert the word "three ; " and in line 8 strike out the word "four" and insert the word "three." 

W. S. ROSECRANS, 

CHAS. H. MORGAN, 

B. l\'1. CUTCHEON, 

Managers on the part of the House. 

JOHN A. LOGAN, 

W.J.SEWELL, 

S.B.MAXEY, 

Managers on the part of the Senate. 

Mr. ROSECRANS. I move the adoption of the report. 

The conference report was agreed to. 

Mr. ROSECRANS moved to reconsider the vote by which the conference report was agreed to; and also moved that the motion to reconsider be laid on the table . 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

Mr. TUCKER. I ask unanimous consent--

The SPEAKER. A request for unanimous consent can not be entertained when the regular order is insisted on by the gentleman from 

Arkansas (1t1r. DUNN] and other gentlemen on the :floor as well. 

There is another matter of privilege called·up by the gentleman from 

California (Mr. ROSECRANS]. 

RULES A.J."\"D ARTICLES OF WAR. 

Mr. ROSECRANS. I ask for the reading of the message of the Sen-: 

ate in relation to the bil1 H. R. 5709. 

The Clerk read the message of the Senate, as follows: 

IN TRE SENATE OF THE UNITED STATES, July 3, 1884. 

Resolved, That the Senate ask a conference with the House on the bill (H. R. 5709) to amend article 72 of the Rules and Articles of War. Ordered, That :Mr. LoGAN, :Mr. HAWLEY, and :Mr. :MAxEY be the conferees on the part of the Senate. 

The SPEAKER. If there be no objection, the House will non-con- cur in the amendments of the Senate and agree to the conference 

asked for. 

There was no objection. 

The SPEAKER. The Chair appoints as conferees on the part of the 

House the gentleman from California, Mr. RosECRANS, the gentleman 

from Ohio, Mr. MURRAY, and the gentleman from Massachusetts, Mr. 

LYMAN. 

E~TROLLED BILLS SIGNED. 

Mr. NEECE, from the Committee on Enrolled Bills, reported that 

the committee had examined and found duly enrolled bills of the following titles; when the Speaker signed the same: 

A bill (H. R. 6409) to validate and cure defects in certain acts of the 

Legislative Assembly of Washington Territory; and 

A bill (H. R: 5377) for the allowance of certain claims reported by 

the accounting officers of the United States Treasury Department, and 

for other purposes. · 

Mr. PETERS, from the Committee on Enrolled Bills, reported that 

' 
188~ CONGRESSIONAL RECORD-HOUSE. 59~9 

the committee had examined and found duly enrolled a bill of the 

following title; when the Speaker signed the same: 

A bill (8. 1581) to provide for the disposal of abandoned and useless 

military reservations. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had agreed to the report of the committee of conference on the disagreeingvotes of the two Houses on the 

amendments of the Senate to the bill (H. R. 6656) making appropriations to provide for the expen es of the government of the District of 

Columbia for the fiscal year ending June 30, 1885, and for other purpo es. ORDER OF BUSL~ESS. 

:Mr. DUNHA.l\1. I would like to call up a matter which will fall 

within the rule stated by the gentleman from Arkansas [Mr. DUNN]. 

The SPEAKER. The regular order is called for by several members. 

MEXICAN WAR PENSIONS. 

The House resumed the consideration of the bill (H. R. 5667) granting pensions to the soldiers and sailors of the Mexican war, and for 

other purposes. 

The question is on ordering the previous question on the motion of 

the gentleman from illinois [Ur. ToWNSHEND] to concur in the sixth 

amendment of the Senate. 

Mr. BARKSDALE. I rise to renew my request for unanimous consent to have a separate vote on this portion of the Senate amendment: 

But it shall not be held to include any person not within the rule of age or disability or dependency herein defined, or who incurred such disability while 

in any manner voluntarily engaged in or aiding or abetting the rebellion against the authority of the United States. 

:Mr. TOWNSHEND. I am willing for my part to agree to that request. 

Several members objected and called for the regnlar order. 

The SPEAKER. The regular order is the demand for the previous 

question. 

Mr. TOWNSHEND. Was not the demand for the previous question sustained? 

The SPEAKER. It was not. The vote was taken yesterday aft.ernoon by yeas and nays, and no quorum appeared. 

Mr. TOWNSHEND. Can the order for yeas and nays be vacated 

by unanimous consent? 

The SPEAKER. It can. 

Several members objected. 

The question was taken; and there were-yeas 123, nays 13, not 

voting 188; as follows: 

YEAS-123. 

Adams, G. E. Greenleaf, l\Iatson, Skinner, C. R. 

Alexander, Hanback, Maybury, Smalls, Bagley, Hardy, Milla.rd Spooner, Bayne, Harmer, Mitchell, Springer, Brainerd, Hatch, H. H. Morgan, Steele, 

Browne, T. M. Hatch,W.H. Morrill, Storm, Budd, Henderson, D. B. Murphy, Strait, Burnes, Henley, Murray, Sumner, C. A. 

Calkins, Hitt, Neece, Taylor, J.D. 

Campbell, J. E. Hopkins, O'Hara, Thomas, Carleton, Houseman, O'Neill, Charles Townshend, Chalmers, Hunt, Payne, Tully, Cosgrove, Hutchins, Payson, Valentine, 

Cox,W.R. James Peel, Van Alstyne, Cullen, Jeffords, Perkins, Wait, Curtin, . Johnson, Peters, Wakefield, Cutcheon, Jones,B.W. Poland, Wallace, Davis,G.R. Jordan, Post, Ward, Davis,L.H. Kean, Price, Warner,.A..J. Eldredge, Kleiner, Pusey, Washburn, English. Lacey, Randall, Weller, Ermentrout, Lamb, Rankin, Wemple, Evans, I. N. Lawrence, Ranney, White, Milo 

Everhart, LeFevre, Ray, Ossian Wilson, James 

Ferrell, Libbey, Riggs, Wilson, W.L. 

Follett, Lore, Robinson, J. S. Winans, E. B. 

Funston, Lovering, Robinson, W. E. Winans, John 

Geddes, Lowry, Rockwell, Wolford, Glascock, McCoid, Rosecrans, Wood, Goff, 1\fcCormick, Rowell, Yaple. Graves, McMillin, Ryan, 

NAY8-13. 

Barksdale, Halsell, Taylor, J. M. Wise, G. D. 

Clay, Hoblitzell, Turner, Oscar 

Dibble, Pierce, Vance, Dowd, Pryor, Warner, Richard 

NOT VOTING-188. 

Adams,J.J. Bisbee, Brown, W.W. Clardy, Aiken, Blackburn, Erumm, Clements, Anderson, Blanchard, Buchanan, Cobb, .Arnot, Bland, Buckner, Collins, Atkinson, Blount Burleigh, Connolly, Ballentine, Boutelie, Cabell, Converse, Barbour, Bowen, Caldwell, Cook, Barr, Boyle, Campbell, Felix Covington, Beach, Brecki.nridge, Campbell, J. M. Cox,S.S. Belford, Breitung, Candler, Crisp, Belmont, Brewer, F. B. Cannon, Oulbertso~W. W. Bennett, Brewer, J. H. Ca-ssidy, Culberson, . B. Bingham, · Broadhead, Chace, Dargan, 

Davidson, Herbert, :Morrison, Skinner, T. G. 

Davis, R. '£. Hewitt, A. S. Morse, Slocum, 

Deuster, Hewitt, G. W. Ioulton, Smith, 

Dibrell, Hill, Muldrow, Snyder, Dingley, Hi cock, Muller, Spriggs, Dockery, Holman, Mut-chler, tephenson, Dorsheimer, Holme , Nelson, · Stevens, Duncan, Holton, Nicholls, Stewart, Charles 

Du.nha.J:n. Hooper, Nutting, Stewart,J. W. 

Dunn, Horr, Oates, Stockslager, Eaton, Hou.k, Ocbiltree, Stone, 

Elliott, Howey, O'Ferrall, Struble, 

Ellis, Hurd, O'Neill,J.J. Sumner,D.H. 

Ellwood, Jone , J. H. Paige, Talbott, 

Evins,J.H. Jone ,J.K. Parker, Taylor,E.B. Fiedler, Jones,J. T. Patton, Thomp on, 

Findlay, Kasson, Pettibone, Thr0ckmorton, 

Finerty, Keifer, Phelps, Tillman, 

Foran, Kelley, Pott~r, Tucker, 

Forney, Kellogg, Ray, G. W. Turner, H. G. 

Fyan, Ketcham, Reagan, Van Eat{)n, 

Garrison, King, Reed, Wadsworth, 

George, Laird, Reese, Weaver, 

Gib on, Lanham, Rice, Wellborn, 

Green, Lewis, Robertson, White,J.D. 

Guenther, Long, Rogers, J. H. Whiting, 

Hammond, Lyman, R{)gers, W. F. Wilkins, 

Hancock, McAdoo, Russell, Williams, 

Hardeman. McComas, Scales, Willis 

Hart, Miller,J.F. Seney, Wise,J.S. 

Haynes, Miller,S.•H. Seymour, Woodward, 

Hemphill, Milliken, Shaw, Worthington, 

Henderson, T. J. Mills, Shelley, York, 

Hepburn, Money, Singleton, Young. 

Mt. TOWNSHEND. I move to dispense with the reading of th~ 

names of members voting. 

Mr. HEWITT, of Alabama. Let them be read. 

The names of members voting were read. 

The following additional pairs were announced~ 

Mr. HILL with Mr. HOLMES, until further notice. 

Mr. AIKEN with Mr. BROWN, of Pennsylvania, until Saturday~ 

1tir. CoNVERSE with Mr. STRUBLE, on this vote. 

Mr. McADoo with Mr. HOWEY, for to-day. 

1tir. HANCOCK with 1t1r. CANNON, for this day. 

Mr. SINGLETON with Mr. STEW ART, of Vermont, on the Mexican 

pension bill and amendments thereto. 

Mr. DAVIS, of Illinois. I desire to state in behalf of the parties 

interested that 1tlr. HANCOCK and Mr. CANNON are absent by order 

of the House, in conference .upon the legislative, executive, and judicial appropriation bill. They are paired pending such absence. If 

present, Mr. HANCOCK would vote against and Mr. CANNON for the 

Senate amendments to the Mexican pension bill. 

The SPEAKER. Upon this vote t:Ae yeas are 121, the nays are 12. 

No quorum has voted. . 

Mr. TOWNSHEND. I move a call of the House. 

Mr. HEWITT, of Alabama.. Upon that motion I call for the yeas 

and nays. 

The yeas and nays were ordered-33 members voting therefor. 

The question was taken; and there were-yeas 151, nays 45, not 

voting 128; as follows: 

Adams, G. E. 

Alexander, 

Atkinson, 

Bagley, 

Ballentine, 

Bayne, 

Beach, 

Boutelle, 

Brainerd, 

Brewer, F. B. 

Brewer,J. H. Browne, T. M. 

Budd, 

Calkins 

Campb~ll, J. E. 

Carleton, 

Chalmers, 

Clay, 

Connolly, 

Cosgrove, 

Cox., ·w. R. 

Culbertson, W. W. 

Cullen, 

Curtin, 

Cutcheon, 

Davis, G.R. 

Davis, L.H. 

Dingley, 

Eldredge, 

English, 

Ermentrout, 

Evans, I.N. 

Everhart, 

Ferrell, 

Follett, 

Foran, 

Funston, 

Geddes, 

Barksdale, 

Bennett, 

Blount, 

Buchanan, 

YEA8-151. 

Glascock, 

Go.ff, 

Graves, 

Greenleaf, 

Hanback, 

Hardy, 

Harmer, 

Hart, 

Hat-ch, H. H. 

Hatch, W. H. Henderson, D. B. 

Henley, 

Hewitt, A.. S. Hiscock, 

Hitt 

Hoblltzell, 

Holmes, 

Hopkins 

James, 

Jeffords, 

Johnson, 

Jones,B.W. 

Jordan, 

Kean, 

Keifer, 

Ketcham, 

Kleiner, 

Lacey, 

Laird, 

Lamb, . Lawrence, 

LeFevre, 

Libbey, 

Lore, 

Lovering, 

Lowry 

M:cCoid, 

McComas, 

McCormick. 

Mcl\fillin, 

Matson, 

Millard, 

Milliken, 

Mitchell, 

Morgan, 

Morrill, 

Murray, 

Nelson, 

Nutting, 

O'Hara, 

O'Neill, Charles 

"Parker, 

Payne, 

Payson, 

Perkins, 

Peters, 

Phelps, 

Poland, 

Post, 

Price, 

Randall, 

Ranney, 

Rankin, 

·Ray, Ossian 

Riggs, 

Robinson, J. S. 

Robinson, W. E. Rockwell, 

Rosecrans, 

Rowell, 

Ryan, 

Sca.les, 

Seney, 

Seymour, 

Skinner, C. R. 

Smalls, 

NAYS-45. 

Burnes, 

Cabell, 

Caldwell, 

Crisp, 

Culberson, D. B. 

Dargan, Dibble, 

Dorsheimer, 

Spooner, 

Springer, 

Steele, 

Stockslager, 

Storm, 

Strait 

Struble, 

Sumner, C. A. 

Sumner, D. H. 

Taylor, J.D. 

Thomas, 

Townshend, 

Tully, 

Turner, H. G. Valentine, 

Van Alstyne, Wadsworth, 

Wait, 

Wakefield, 

Wallace, 

·ward, 

Warner, A. J. 

Washburn, 

Weaver, 

Weller 

Wempie,• 

White, J.D. 

White, Milo 

Whiting, 

Wilson, W. L. 

Winans, E. B. 

Winans, John 

Wolford, 

Wood, 

Woodward, 

Yaple, 

Young. 

Dowd, 

F..aton, 

Forney, 

Garrison, 

I 
... 

5990 CONGRESSIONAL REOORD- HOUSE. JULY 3, 

Halsell, 

Hemphill, 

Herbert, 

Hewitt, G. W. 

Hunt, 

Joues,J.H. 

Lanham, 

Lewis, 

Maybury, 

Miller,J.F. 

Mills 

Muldrow, 

Murphy, 

Mutchler, 

Oates, 

Pierce, 

Potter, 

Pryor,! 

Reese, 

Stewart, Charles 

Taylor, J. M. 

Thompson, 

Turner, Oscar 

Vance, 

NOT VOTING-128. 

Adams, J. J. Converse, Holton, Aiken, Cook, Hooper, 

Anderson, Covington, Horr, 

Arnot, Cox, S. S. Honk, 

Barbour, Davidson, Houseman, 

Barr, Davis, R. T. Howey, 

Belford, Deuster, Hurd, 

Belmont, Dibrell, Hutchins, 

Bingham, Dockery, Jones, J. K. 

Bibee, Duncan, Jones,J. T. 

Blackburn, Dunham, Kasson, 

Blanchard, Dunn, Kelley, 

Bland, Elliott, Kellogg, 

Bowen, Ellis, King, 

Boyle, Ellwood, L<lng, 

Breckinridge, Evins, J. H. Lyman, 

Breitung, Fiedler, McAdoo, 

Broadhead, Findlay, Miller, S. H. 

Brown, W. W. Finerty, Money, 

Brumm, Fyan, Morrison, 

Buckner, George, Morse, 

jlurleigh, Gibson, Moulton, 

Campbell, Felix Green, Muller, 

Campbell, J. M. Guenther, Neece, 

Candler, Hammond, Nicholls, Cannon, Hancock, Ochiltree, 

Cassidy, Hardeman, O'Ferrall, Chace, Haynes, O'Neill, J. J. 

Clardy, Henderson, T. J. Paige, Clements, Hepburn, Patton, Cobb; Hill, Peel, Collins, Holman, Pettibone, 

So a call oi the House was ordered. 

Warner, Richard 

Wellborn, 

Williams, 

Wilso~ James 

Wise, li. D. 

Pusey 

Ray, G. w. 

Reagan,· Reed, 

Rice, 

Robertson, 

R-ogers, J. H. 

Rogers, W.F. 

Russell, 

Shaw, 

Shelley, 

Singlet-on, 

Skinner, T. G. 

Slocum, 

Smith, 

Snyder, 

Spriggs, 

Stephenson, 

Stevens, 

Stewart,' J. W. 

Stone, 

Talbott, 

Taylor, E. B. 

Throckmorton, 

Tillman, 

Tucker, 

Van Eaton, 

Wilkins, 

Willis, 

w~~J.s. 

Wormington, 

York. 

Mr. P ARK.ER. I ask unanimous consent that the reading of the 

names be dispensed with. 

Mr. HEWITT, of Alabama. I object. 

The following additional pair was announced: 

Mr. COVINGTON with Mr. HOLTON, on all political questions, for this 

d~. . Mr. CRISP. My colleague, Mr. CLIDIENTS, is confined to his room 

by sickness. 

The result of the vote wa.s announced as above stated. 

:Mr. BROWN, of Pennsylvania, byunaniniousconsent,obtained leave 

of absence for to-day. 

Mr. BRECKINRIDGE. My colleague from Arkansas, 1\Ir. JoNES, 

desire , on account of sickness, to be excused indefinitely from attendance at the House. 

There being no objection, indefinite leave of absence was.granted. 

Mr. REESE. I desire to ask indefinite leave of absence for my colleague, Mr. CLEMENTS, on account of sickness. 

There being no objection, leave was granted. 

Mr. RYAN. My colleague, Mr. ANDERSON, left the House yesterday, complaining of illness. 

Mr. D.A. VIS, of Illinois. He was granted leave of absence this morning. 

The PE.A.KER. A. call of the House has been ordered. The roll 

will be called. 

The Clerk proceeded to call the roll, when the following-named members failed to answer: 

Adams, J. J. Collins, Henderson, T. J. 

Aiken, Converse, Hill 

Anderson, Cook, Hohnan, Arnot, Covington, Holton, 

Barr, Cox, S. S. · Hooper, Belford, Davidson, Horr, Belmont, Davis, L. H. Houk, Bingham, Deuster, Hurd, Bisbee, Dockery, Jones, J.K. 

Blackburn, Duncan, Jones, J. T. 

Blanchard, Dunham, Kasson, Bland, Elliott, Kelley, Bowen, Ellis, Kellogg, Breitung, Evins, J. H. King, Brown, W. W. Fiedler, Long, Brumm, Findlay, McAdoo, Buckner, Finerty, ?tfiller, S. H. Burleig~~ Fyan, Morrison, Campbeu, .relix George, Morse, Campbell, J. M. Gibson, Moulton, Cannon, Guenther, Muller, Cassidy, Hammond, Nelson, Clardy, Hancock, Nicholls, 

Clements, Hardeman, Nutting, Cobb, Haynes, O'Ferrall, 

Paige, 

Patton, 

Pettibone, 

Ranney, 

Ray, G. W. 

Reagan, 

Rice, 

Rogers, J. H. 

Rogers, W. F. 

Russell, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G. 

Slocnm, 

Snyder, · Stevens, 

Talbott, 

Taylor, E. B. 

Throckmorton, 

;~ns, 

Wise,'J. S. 

Worthington. 

The SPEAKER pro tempore (Mr. BAGLEY). The Clerk will now 

call the names of the absentees, for whom excuses may now be made. 

The Sergeant-at-Arms will see that the doors are closed. 

Mr. LORE. I move that all further proceedings under the call be 

dispensed with. 

Mr. DUNN. I have a Written communication from my colleague, 

Mr. ROGERS, of Arkansas, who is at home sick in bed. I ask leave of 

absence for him • 

There being no objection, leave of absence was granted. 

The SPEAKER. Two hundred and twenty-five members have 

answered to their names. The gentleman from Delaware [Mr. Lou] moves that all further proceedings under the call be dispensed with. 

Mr. HEWITT, of Alabama. On that motion I call for the yeas and 

nays. 

The yeas and nays were ordered; there being-ayes 33, noes 101- more'than one-fifth in the affirmative. 

The question was taken; and there were-yeas 166, nays 24, not 

voting 134; as follows: 

YEAS-166. 

Adams, G. E. George, 

Alexander, Glascock, 

Atkinson, Graves, 

Bagley, Green, 

Bayne, Greenleaf, 

Blanchard, Halsell, Boutelle, Hardy, 

Brainerd, Harmer, 

Brewer, F. B. Hatch, H. H. 

Brewer, J. H. Hatch, W. H. 

Broadhead, Hemphill, 

Browne, T. M. Henderson, D. B. 

Cabell, Henderson, T. J. 

Caldwell, Henley, 

Calkins, Hepburn, 

Campbell, J. E. Hewitt, A. S. 

Carleton, Hiscock, 

Chalmers, Hitt 

Clay, Hobiitzell, 

Collins, Holman, Connolly, Holmes, 

Cosgrove, Houseman, Cox, W. R. Hunt, Crisp, James, Culbertson, W. W. Jeffords, Cutcheon,. Johnson, Davis, G. R. Jones, B. W. 

Davis, R. T. Jordan, Dibble, Kean, Dibrell, Keifer, Dingley, Ketcham, Dowd Kleiner, Eldredge, Lacey, Elwood, Lamb, English, Lawrence, Ermentrout, LeFevre, 

Evans, I. N. Libbey, Everhart, Long, Ferrell, Lore, Finerty, Lovering, Foran, Lowry, Funston, McComas, 

McCormick, 

McMillin, 

Matson, 

Maybury, 

Millard, 

Milliken, 

Mills 

Mitchell, 

Money, 

Morgan, 

Morrill, 

Muldrow, 

Murray, 

Mutchler, 

Nelson, 

Ochiltree, 

O'Hara 

O'Neill: Charles 

O'Neill, J. J. 

Payne, 

Payson, 

Pierce, 

Peel, 

Perkins, 

Poland, 

. Post, 

Potter, 

Price, 

Randall, 

Rankin 

Ray, <>s'sia.n 

Riggs, 

Robinson, J. 8. Robinson, W. E. 

Rockwell, 

Rosecrans, 

Rowell, 

Ryan, 

Scales, 

Seney, 

Seymour, 

Smalls, 

NAYs-24. 

Barksdale, 

Beach, 

Bennett, 

Budd, 

Follett, 

Forney, 

Geddes, 

Goff, 

Hewitt, G. W. 

Hopkins, 

Lyman, 

McCoid, 

Neece, 

Oates, 

Parker, 

Pryor, 

Pusey, 

Ranney, 

NOT VOTING-134. 

Adams, J. J. Cook, Hooper, Aiken, Covington, Horr, Anderson, Cox, S. S. . Honk, 

Arnot, Culberson, D. B. Howey, Ballentine, Cullen, Hurd, Barbour, Curtin, Hutchins 

Barr, Dargan, .Tones, J. H. 

Belford, Davidson, Jones, J. K. 

Belmont, Davis, L. H. Jones, J. T. 

Bingham, Deuster, Kasson, Bisbee, Dockery, Kelley, Blackburn, Dorsheimer, Kellogg, Bland, Duncan, King Blount, Du.nlul.In, Laird, Bowen, Dunn, Lanham, Boyle, Eaton, Lewis, Breckinridge, Elliott, McAdoo, Breitung, Ellis, Miller, .T. F. 

Brown, W. W. Evins, J. H. Miller, S. H. 

Brumm, Fiedler, Morrison, Buchanan, Findlay, Morse, Buckner, Fyan, 1\:loulton, Burleigh, Garrison, Muller, Burnes, Gibson, Murphy, Campbell, Felix Guenther, Nicholls, 

Campbell, J. M. Hammond, Nuttingi Candler, Hanba-ck, O'Ferra. 1, Cannon, Hancock, Paige, Cassidy, Hardeman, Patton, 

Chace, Hart, Peters, Clardy, Haynes, Pettibone, Clements, Herbert, Phelps, Cobb, Hill, Ray, G. W. 

Converse, Holton, Reagan, 

Spooner, 

Springer, 

Steele, 

Stephenson, 

Storm, 

Strait, 

Struble, 

Sumner, C. A. 

Sumner,D.H 

Taylor, J.D. 

Taylor, J. M. 

Thomas, 

Thompson~., 

Townshena, 

Tully, 

Turner, H. G. 

Van Alstyne, 

Vance, 

Wait, 

Wakefield, 

Wallace, 

Ward, 

Warner, A.J. 

Warner, Richard 

Washburn, 

Weaver, 

Wemple, 

White, J.D. 

White, Milo 

Whiting, 

Wilson, James 

Wilson, W. L. Winans, E. B. 

Winans, John 

Wise, G. D. 

Wolford., Wood., 

Woodward, 

Yaple, 

York. 

Skinner, C. R. . Turner, Oscar 

Wadsworth, 

Wellborn, 

Weller, 

Williams. 

Reed, 

Reese, 

Rice, 

Robertson, 

Rogers, J. H. 

Rogers, W. F. 

Russell, 

Shaw, 

Shelley, 

Singleton 

Skinner, tr. G. 

Slocnm, 

Smith, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stewart, J. W. 

Stockslager, 

Stone, 

Talbott, 

Taylor, E. B. 

Throckmorton, 

Tillman, 

Tucker, 

Valentine, 

Van Eaton, Wilkins, 

Willis, 

Wise~,~. S. 

Wortnington, 

Young. 

So the motion to dispense with further proceedings under the call was agreed to. 

Mr. REED. I am paired with the gentleman from Georgia [Mr. 

HAIDIOND]. I voted on this question for the purpose merely of makinJ:t a quorum. As I find my vote is not necessary for that purpose I 

withdraw it. 

The following additional pair wa.s announced: 

Mr. JON:E;S, of Arkansas, with Mr. II.Iscocx:, on all political questions, for this day. 

The result of the vote wa.s announced a-s above stated 
1884. CONGRESSIONAL RECORD-HOUSE. 5991 

Mr. HOLMAN. I desire to say that during the vote preceding the I DECLABATION OF INDEPENDENCE. 

last the gentleman from Illinois, Mr. CANNON, the gentleman from Mr. BREWER, of New York. I submit the following privileged 

Texas, Mr. HANCOCK, and myself were absent by order of the House resolution. 

on a conference committee. The Clerk read as follows: 

INVESTIGATION OF INDIAN AFFAIRS. 

Mr. PEEL. I am directed by the Committee on Indian Affairs to 

submit a resolution and ask its immediate consideration. 

Mr. TOWNSHEND. If this will not occupy any length of time I 

do not object. 

The SPEAKER. The gentleman from Arkansas [Mr. PEEL] asks 

unanimous consent to report from the Committee on Indian Affairs for 

present consideration the resolution which will be read. 

The Clerk read as follows: 

Resolved That the resolution adopted by this House on the 31st day of May, 

1884, a uth~rizing the Commit~ee on ~dian Affairs or any su ?committe~ thereof, 

in order more thoroughly to mvesttgate all matters touchmg the leasmg, ~ubleasing, fencing, and inclosing of lands in the Indian Territory and reservah?ns 

by citizens of the United States, and for other purposes, be amended by addmg thereto as follows : And that said committee or subcommittee is further instructed to inquire into 

the condition ofthe several tribesand bandsoflnd.iansin the Indian Territory; 

the tenure by which the lands in the Indian Territory are now held, and the 

character of their actual occupation and use; the condition and rights of the 

freedmen and other residents m said Territory; the relation of said tribes t-o the 

United States and to each other, and the need, if any, of legislation in respect to the same; and for the purpose aforesaid shall have power to sit during the recess of the House at such times and places as the committee may determine, 

and shall report their proceedings to the House at its next session. And in order to defray the expense.s of said investigation the Clerk of the House is directed to pay to the Sergeant-at-Arms of the House, out of the contingent fund of the 

House, the sum of $2,000, whose receipt shall be a good and sufficient voucher to the Clerk in the settlement of his account. The aforesaid sum of money, or so much thereof as may be necessary, shall be disbursed on vouchers approved 

by the chairman of the committee; and theSergeant-at-Armsshallmakereport to this House in detail of the manner in which said sum has been expended, ac- companied by vouchers, which report when examined and approved by the 

Committee on Accounts shall be deemed a sufficient settlement of his account- ability therefor; and any unexpended balance in his hands shall be paid by him 

into the Treasury to the credit of the fund from which it is paid. 

The SPEAKER. Is there objection to the consideration of this reso- lution. 

Mr. VALENTINE, Mr. BLOUNT, and others objected. 

Mr. WELLBORN. I think the gentleman from Georgia [Mr. 

BLOUNT] who objected will be willing to withhold his objection until an explanation has been made. 

The SPEAKER. The gentleman from Nebraska [Mr. V ALE!I.'"TINE] 

aJso objected. 

Mr_ VALENTINE. I object to all junketing trips. 

Mr. WELLBORN. Will not the gentleman withhold his objection 

for a statement? 

Several members renewed the objection. 

ENROLLED BILL SIGNED. 

Mr. PERKINS, from the Committee on Enrolled Bills, reported that 

they had examined and found truly enrolled a bill (H. R. 6656) making 

appropriations ·to provide for the expenses of the government of the 

District of Columbia for the :fiscal year ending June 30, 1885, and for 

other purposes; when the Speaker signed the same. 

CORRECTION. 

Mr. STORM. Mr. YouNG and myself are announced as paired on the sixth amendment of the Senate to the Mexican rcension bill, and 

that Mr. YoUNG would vote '' ay '' and I would vote 'no.'' It is just 

the reverse; I would vote "ay" and Mr. YoUNG would vote "no." 

The SPEAKER. The correction will be made. 

EXPLANATION. 

Mr. HUNT. I have been requested to announce that Mr. BLANCHARD, Mr. WILLIS, and Mr. HENDERSON, of Illinois, are absent by order 

of the House on a conference committee. 

The SPEAKER. The Chair will state that all gentlemen who are absent from the House attending conierences are regarded as being 

absent by -leave of the House. It is therefore unnecessary to obtain 

leave or make request for it. 

LEA. VE OF ABSENCE. 

Mr. CABELL, by unanimous consent, was granted leave of absence 

for one week on account of important business. 

CHARLES F. HAYES. 

OnmotionofMr. HOLMAN, byunanimousoonsent, leavewasgranted 

for the withdrawal from the files of the House of the papers in the case of Charles F. Hayes and House bill324 "for the relief of Charles F. 

Hayes,'' there having been no adverse report on said bill. 

LEAVE TO PRINT. 

Mr. JORDAN, by unanimous oonsent, was granted leave to print re- marks on educational bill and House bill 5694. 

APPLETON OAKSMITH. 

On motion of Mr. SCALES, by unanimous consent, leave was granted 

for the withdrawal from the files of the House of the papers in connec- tion with House bill 3183, Forty-fi.fth Congress, for the relief of Appleton Oaksmit.h without leaving certified copies. 

Resolved That the House now go into the Committee of the Whole on the state of the Uni~n for the purpose of considering that great state paper, the DeclJtra.... 

tion of Independence, and that important document. be now read for the information of the members who are not absent from their post of duty. 

MEXICAN PENSION BILL. 

The SPEAKER. The Chair does not think this is a matter of privilege the House being engaged in taking a vote, which has failed simply because a quorum did not vote on it. . . The question is on the motion of the gentleman from IllinoiS [Mr. 

TOWNSHEND] for the previous question on concurring in the amendment of the Senate, on which the yeas and nays have been ordered. 

The question was taken; and there were-yeas 149, nays 9, not voting 166; as follows: 

Alexander, Graves, 

Atkinson, Greenleaf, 

Bagley, Halsell, 

Beach, Hardy, 

Blanchard, Harmer, 

Boutelle, Hart, 

Brainerd, Hatch, W. H. 

YEAS-149. 

Maybury, 

Millard, 

Milliken, 

Mitchell, 

Morgan, 

Neece, 

Brewer, F. B. Henderson, D. B. Ochiltree, O'Hara, 

Browne, T. M. Henley, O'Neill, Charles 

Budd, Hepburn, 

Calkins, Hiscock, 

Campbell,J.E. Hitt, 

Carleton, Hoblitzell, 

Chalmers, Holmes, 

Connolly, Hopkins, 

Cox, W. R. Houseman, 

Culbertson, W. W: Hunt, 

Cullen, James, 

Curtin, .Jeffords, 

Cutcheon, Johnson, 

Davis, G. R. .Jones, B. W. Davis, R. T. Jordan, 

Dingley, Kasson, 

Eldredge, Kean, 

Ellwood, Keifer, 

English, Kleiner, 

Ermentrout, Lacey, 

Evans, I. N. Lamb, 

Everhart, Lawrence, 

Ferrell, Le Fevre, 

Finerty, Libbey, Follett, Long, 

Foran, Lovering, 

Funston, Lowry, 

Geddes, McCoid, 

George, :McComas, 

Glascock, McCormick, 

Goff, Matson, 

Barksdale, 

Clay, 

Cosgrove, 

Davis, L. H. Pryor, 

O'Neill, J. J. Parker, 

Payne, 

Perkins, 

Peters, 

Poland, 

Post, 

Potter, 

Price, 

Randall, 

Rankin, 

Ranney, 

Ray, Ossian 

Reed, 

Riggs, 

Robinson, J. S. 

Robinson, W. E. 

Rockwell, 

Rowell, 

Ryan, 

Seney, 

Seymour, 

Skinner, C. R. Smalls, 

Smith, 

Spooner, 

Springer, 

Steele, 

Stephenson, 

NAYs--9. 

Thompson, 

Turner, H. G. 

NOT VOTING-166. 

Adams, G. E. ·Cook, Hooper, 

Adams, J. J. Covington, Horr, 

Aiken, Cox, S. S. Houk, 

Anderson, Crisp, Howey, 

Arnot, Culberson, D. B. Hurd, 

Ballentine, Dargan, Hutchins, 

Barbour, Davidson, Jones, J. H. Barr, Deuster, Jones, J. K. Bayne, Dibble, Jones, J. T. Belford, Dibrell, Kelley, 

Belmont, Dockery, Kellogg, 

Bennett, Dorsheimer, Ketcham, 

Bingham, Dowd, King, 

Bisbee, Duncan, Laird, 

Blackburn, Dunham, Lanham, 

Bland, Dunn, Lewis, 

Blount, Eaton, Lore, 

Bowen, Elliott, Lyman, Boyle, Ellis, McAdoo, 

Breckinridge, Evins, J. H. l'tfcl\fillin, 

Breitung, Fiedler, Miller, J. F. Brewer, J. H. Findlay, Miller, S. H. Broadhead, Forney, Mills, 

Brown, W. W. Fynn, Money, 

Brumm, Garrison, Morrill, 

Buchanan, Gibson, Morrison, 

Buckner, Green, Morse, 

Burleigh, Guenther, Moulton, 

Burnes, Hammond, :Muldrow, 

Cabell, Hanback, Muller, 

Caldwell, Hancock, Murphy, 

Campbell, Felix Hardeman Murray, 

Campbell, J. M. Hatch, H. H. Mutchler, 

8:~oe!: ~~~~. ~f~lis, Cassidy, Henderson, T. J. Nutting, Chace, Herbert, Oates, 

Clardy, Hewitt, A. S. O'Ferrall, 

Clements, Hewitt, G. W. Paige, 

Cobb, Hill, Patton, 

Collins, Holman, Payson, 

Converse, Holton, Pierce, 

Stockslager, 

Storm, 

Strait, 

Struble, 

Sumner, C. A. 

Sumner, D. H. Taylor, J.D. Thomas, 

Townshend, 

Tully, 

Valentine, 

Van Alstyne, 

Vance, 

Wait, 

Wakefield, 

Wallace, 

Ward, 

Warner, A. J. Washburn, 

Weaver, 

Weller, 

Wemple, 

White,J. D. White, Milo 

Whiting, 

Wilson, James Wilson, W. L. Winans, E. B. Winans, John 

Wolford, 

Wood, 

Woodward, 

Yaple, 

York, 

Young. 

Turner, Oscar 

Warner, Richard. 

Peel, 

Pettibone, 

Phelps, 

Pusey, 

Ray, G. W. Reagan, 

Reese, 

Rice, 

Robertson 

Roger , J. H. 

Rogers, W. F. Rosecrnns, 

Russell, 

Scales, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stewart, J. W. Stone, 

Talbott, 

Taylor, E. B. Taylor, J. J\{. 

Throckmorton, 

Tillman, 

Tucker, 

VanEaton, 

Wad.sworth, 

Wellborn, 

Wilkins, 

Williams, 

Willis, 

Wise, G. D. 

Wise~~.s. 

W ortnington. 

So (no quorum having voted) the previous question was not ordered. 

The.following additional paiis were announced: 
5992 CONGRESSIONAL RECORD-HOUSE. JULY 3, 

Mr. Down with Mr. ELLwooD, on all questions to-day and until 

July 5. 

The result of the vote was then announced as above recorded. 

The SPEAKER. No quorum has voted. 

1\Ir. REED. I have voted on this call to make a quorum, although I 

am paired. 

Mr. TOWNSHEND. I move a call of the House. 

Mr. HEWITT, of Alabama. On that I demand the yeas and nays. 

The yea and nays were ordered, 30 members voting in favor thereof. 

The question was taken; and there wer~yeas 146, n&ys 19, not 

voting 159; as follows: · YEAS-146. 

Adams, G. E. Goff, 

Alexander, Graves, 

Bagley, Greenleaf, 

Bayne, Halsell, 

Beach, Hanbaek, 

Boutelle, Hardy, 

Brainerd, Harmer, 

Browne, T. M.. Hatch, H. H. Budd, Hatch, W. H. Campbell., J. E. Henderson, D. B. Carleton, Hitt · Cnssidy, Hobhtzell, 

Clay, Holmes, 

Converse, Hopkins, 

Cosgrove, House~ 

Culbertson, W. W. Hunt, Cullen, Hutchins, 

Cutcheon, Jeffords, 

Davis, G. R. Johnson, 

Davis, R. T. Jones, B. W. Dibrell, Jordan, 

Dingley, Kasson, 

Dorsheimer, Kean, Duncan, Keifer, 

Eldredge, Ketcham, 

English, Kleiner, 

Ermentrout, Lacey, 

Evans, I. N. Lamb, 

Everhart, Lawrence, 

Ferrell, Le Fevre, 

Finerty, Libbey, 

Follett, Long, 

Foran, Lore, 

Funston, Lowry 

Geddes, McCoid, 

George, McCom..a.s, 

Glascock, McCormick, 

Matson, 

Maybury, 

Millard, 

Milliken, 

1\lills, 

Mitchell, 

Morgan, 

Morrill, 

Muldrow, 

Murphy, 

Mutchler, 

Neece, 

Oates, 

Ochiltree, 

O'Hara, 

O'Neill, Charles 

O'Neill, J. J. Payne, 

Payson, 

Perkins, 

Poland, 

Post, 

Potter, 

Pusey, 

Randall, 

Rankin 

Ranney: 

Ray, Ossian 

Riggs, 

Robinson, J. S. Robinson, ,V. E. Rockwell, 

Rowell, 

Ryan. 

Seney, 

Seymour, 

Skinner, C. R. 

N.A.Ys-19. 

Atkinson, 

Barksdale, 

Bennett, 

Blanchard, 

Brewer, F. B. 

Cabell, 

Caldwell, 

Dibble, 

Eaton, 

Garrison, 

Hewitt, G. W. Price, 

Pryor, 

Taylor, J. M. 

Turner, Oscar 

NOT VOTING-159. 

Adams, J. J. Cox, 8. S. Horr, 

Aiken, Cox, W. R. Houk, 

Anderson, Crisp, Howey, 

Arnot, Culberson, D. B. Hurd, 

Ballentine, Curtin, James, 

Barbour, Dargan, Jones, J. H. Barr, Davidson, Jone , J. K. Belford, · Davis, L. H. Jones, J. T. Belmont, Deuster, Kelley, 

Bingham, Dockery, Kellogg, 

Bisbee, Dowd, King, Blackburn, Dunham, Laird, 

Bland, Dunn, Lanham, 

Blount, Elliott, Lewis, 

Bowen, Ellis Lovering, Boyle, Ellw~od, Lyman, Breckinridge, Evins, J. H. )fcAdoo, 

Breitung, Fiedler, McMillin, 

Brewer, J. H. Findlay, ~!iller, J. F. Broadhead, Forney, Miller, S. H. Brown, W. W. Fyan, Money, 

Brumm, Gibson, 1\Iorrison, 

Buchanan, Green, Morse, 

Buckner, Guenther, Moulton, 

Burleigh, Hammond, Muller, 

Burnes, Hancock, Murray, 

Calkins Hardeman, Nelson, Campb~ll, Felix Hart, Nicholls, 

Campbell, J. M.. Haynes1 Nutting, 

Candler, Hemphill, O'Ferrall, 

Cannon, Henderson, T .J. Paige, 

Chace, Henley, Parker, 

Chalmers, Hepburn, Patton, 

Clardy, Herbert, Pierce, 

Clements, H ewitt, A. S. Peel, 

Cobb, Hill Peters, 

Oollins, His~ock, Pettibone, 

Connolly, Holman, Phelps, 

Cook, Holton, Ray, G. W. Covington, Hooper, Reagan, 

So a call of the House was ordered. 

The following additional pair was announced: 

Small'>, 

mith, 

Spooner, 

Steele, 

Stephenson, 

Storm, 

Strait, 

Struble, 

Sumner, C. A. Sumner, D. H. 

Taylor, J.D. Thom..a.s, 

Townshend, 

Tully, 

Turner, H. G. Valentine, 

Van Alstyne, 

Vance, 

Wait, 

Wakefi&ld, 

Wallace, 

Warner, A. J. Washburn, 

Weaver, 

Weller, 

White, J.D. White, Milo Whiting, 

Wilson, W. L. Winans, E. B. Winans, John Wolford, 

Wood, 

Yaple, 

York. 

Van Eaton, 

Warner, Richard Wemple, 

Williams. 

Reed, 

R~ese, 

Rice, 

Robertson 

Rogers, .J. )I. 

Rogers, W. F. Ro ecrans, Russell, 

Scales, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G. Slocum, 

Snyder, 

Spriggs, 

Springer, 

Stevens, 

Stewart, Charles 

Stewart, J. W. Stockslager, 

Stone, 

Talbott, 

Taylor, E. B. Thomp on, Throckmorton, 

Tillman, 

Tucker, 

Wad worth, 

Ward, 

Wellborn, 

Wilkins, 

Willis, 

Wilson, James. Wise, G. D. 

;~!a~d, Worthington, 

Young. 

Mr. PAIGE and Mr. WILSON, of Iowa, for this day. 

The result of the vote was then announced as abo..-e recorded. 

Mr. WHITE, of Kentucl..."-y. I believe the announcement of the vote 

shows that there is a quornm present. [Cries of "Regular order ! "] It 

is evident that we can not proceed with this business. There are yet fourteen amendments to be considered. We are now upon the sixth, having occupied all of yesterday afternoon and this morning since ten 

o'clock. I think, sir, thatweh..W. better drop this subject and proceed 

to the consideration of some other on which the House can agree. 

[Loud cries of '' Regular order ! ~ ' ] I therefore ask unanimous consent 

to take up the educational bill, which appropriates money to aid the 

cause of education in this country, believing tha~ our Democratic friends 

ought to be educated at least to enable them to read the Constitution. 

The SPEAKER. The regular order has been demanded; and the 

:fin,"'t thing in order before entertaining a request for unanimous consent 

would be to dispense with further proceedings under the call. 

ENROLLED BILLS SIGNED. 

Mr. YAPLE, from the Committee on Enrolled Bills, reported that 

the committee had examined and found duly enrolled a bill of the following title; when the Speaker signed the same: 

A bill (H. R. 179 ) to amend an act entitled "An act to execute certain treaty stipulations relating to Chinese,'' approved May 6, 1882. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, announced 

that the Senate had passed with amendments, in which amendments 

the concurrence of the House of Representatives was . requested, the 

following bill: . 

A bill {H. R. 7162) to forfeit the unearned lands granted to the Atlantic ,and Pacific Railroad Company to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas 

to the Pacific coast, and to restore the same to settlement, and for other 

purposes. 

Also, tha.t the Senate agreed to the reports of the committees of conference on the disagreeing votes of the two Houses on House bills of 

the following titles, namely: . A bill (H. R. 4696) to authorize the location of a branch home -for 

disabled volunteer soldiers and sailors in either of the States of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska; and 

A bill (H. R. 43831 to relieve certain soldiers from the charge of 

desertion. 

The message further announced that the Senate agreed to the report 

of the committee of conference on the disagreeing votes of the two 

Houses on the bill (H. R. 7235) making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1884, 

and for prior years, and for those certified as due by the accounting o:ffi.- cers of the Treasury in accordance with section 4 of the act of June 14, 

1878, heretofore paid from permanent appropriations, and for other purposes. 

Also, that the Senate further insisted on its amendments numbered 

5, 6, 7, 8, 9,10, 11, 19, 21, 22, 39, 47, 48, 49, 85, 86, 87, 92, 101, 110, 

117, 122, and 138 to E~aid bill, and asked a. further conference with the 

House thereon; and h..'td appointed Messrs. HALE, ALLISON, and CocKRELL as managers at said conference on the part of the Senate. 

ORDER OF BUSINESS. 

The SPEAKER. The regular order is the call of the House, which 

has been ordered, and the Clerk will call the roll. 

The roll was called, and the following members failed to answer to 

their names: 

Aiken, 

Anderson, 

Arnot, 

Barr, 

Belford, Belmont, 

Bingham, 

Bisbee, 

Blackburn, 

Bland, 

Bowen, 

Brainerd, 

Brei tung, 

Brown,W.W. 

Brumm, 

Buckner, 

Burleigh, 

Campbell, Felix CampbeU,J.M. 

Oannon, 

Oassidy, 

Chalmers, 

Clardy, 

Clements, 

Cobb, 

Converse, 

Cook 

Covi~gton, 

Cox,S.S. 

Curtin, 

Davidson, 

Deuster, 

Dockery, 

Dunham, . Elliott, 

Ellwood, 

Evin ,J.H. 

Fiedler, 

Findlay, 

Fyan, 

Gib on, 

Guenther, 

Hammond, 

Hancock, 

Hardeman, 

Haynes, 

Hill 

Ho!Inan, 

Holton, 

Horr, 

Honk, 

Hurd, 

Jones,B.W. 

Jones,J.K. 

Jones,J.T. 

Kelley, 

Kellogg, 

King, 

Laird, 

Lewis, 

McAdoo, 

Miller, S. H. 

Morrison, 

Morse, 

Moulton, 

Muller, 

Mutchler, 

Nicholls, 

Nutting, 

O'Ferra.ll, 

Paige, 

Patton, 

Pettibone. 

Ray,G,W. 

Reagan, 

Rice, 

Rogers,J.H. 

Rogers, W.F. Russell, 

Shaw, 

Shelley, 

Singleton, 

Skinner, T. G. Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, J. W. Talbott, . Taylor1 E. B. Valeutme, 

Wilkins 

Wise,J.S. 

Woodward, 

Worthington, 

Young. 

The SPEAKER. Upon this call229 members have answered to their names. The Doorkeeper will clo e the doors. 

l\Ir. RANDALL. I move that the House dispense·with further proceedings under the call, so that I may call up a conference report on the 

deficiency appropriation bill for consideration at this time. 

The motion to dispense with further proceedings under the call was 

agreed to. ENROLLED BILLS SIGNED. 

Mr. YAPLE, from the Committee on Enrolled Bills, reported that 

the committee had examined and found duly enrolled bills of the following titles; when the Speaker signed the same: 

A bill (H. R. 6514) for the relief of Catherine H. Glick; and 

A bill (H. R. 6657) granting the consent of Congress to the Saint 

Cloud Water-Power and l'tfill Company to construct a dam across the 

Mississippi River, at Saint Cloud, Minn. 
1884. CONGRESSIONAL RECORD-HOUSE. 5993 

DEFIC.IEXCY APPROPRIATIO~ BILL. 

The SPEAKER. The gentleman from Pennsylvania calls up the 

report of the committee of conference on the deficiency appropriation 

bill. 

The Clerk proceeded to read the report. 

l\lr. WHITE, of Kentucky (interrupting the reading). I ask that 

the reading of the mere numbers of the amendments recommended to 

be .agreed to or disagreed to b~ dispensed with. 

The SPEAKER. That can not be done. But the rules of the House 

require that a detailed statement shall accompany the report explaining the recommen~tions of the committee. That statement will be 

read after the reading of the conference report. 

l\ir. RANDALL. I de&ire to a k as a favor of the House that members will give diligent attention to the reading of the report and the 

statement, so that they may understand the effect of the recommendations of the committee without the necessity of lengthy explanations, 

as I desire to save all the time possible as well as to save my strength 

as far as I am able. 

The SPEAKER. The Clerk will :finish reading the conference report. 

The Clerk resumed and concluded the reading of the conference re- port, which is as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7235) making appropriations to supply deficiencies in the appropriations for the fisca.l yeal' ending June 30,1884, and for prior years, and for those certified as due by the accounting officers of the Treasury in accordance with eection 4 of the act of June U, 1878, heretofore paid from permanent appropriations, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to theil' respective Houses as follows: That the Senate recede from its amendments numbered 12, 13, U,17, 20, 23, 40, 

152, 154, 155, 58, 159, 60, 69, 70, 72, 73, 74, 77, 78, 80, 88, 89, 90, 91, 93, 94, 114, 126, 127, 128, 129. 130, 131, 132, 133, 134, 135, 136, 137, 139, 140, 141, 143, 144, 145, 146, 147, 148, 152, 

153, 1154, 1155, 1156, 157, 158, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 172, 173, 174, 

1715, 177, 178, 179, 180, 181, 182, 183, 1M, 185, 186, i87, 188, 189, 190, 191, 192, 193, 194, 

195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 

214,215,216,217,218, 219,220,221,222, and223. That the House recede from its disagreement to the amendments of the Sen- • ate numbered 1, 2, 4, 15, 16, 18, 24, ~J. 26, 27, 28, 29, 30, 31, 34, 35, 37, 38, 41, 42, 44, • 150, 151, 153, 156, 57, 61, 62, 63, 64, 65, 66, M, 71, 75, 76, 79, 81, 82, 83, 84, 95, 96, 97, 98, 99, 

100, 102, 103, 104, 105, 106, 107, 108,111, 112, 113, 115, 116, 119, 120, 121, 123, 124, 125, 

142, 150, 151, 159, 160, 169, and 176, and agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out by said amendment insert the following: "And hereafter it shall not be lawful for any consular officer to appropriate to his own use, or expend from the amount received from the fees of his office, any sum in excess of the allowance of salary and fees directly authorized by 

law, and consular officers paid exclusively by fees, and consuls paid in part by 

alary and in part by fees, shall only appropriate to their own use or expend such portion of the fees as is authorized by law;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 32, and agree to the same ~th an amendment as follows: In lieu of the sum proposed insert "$250,833.29 ;" find the Senate agree to the same. That the House recede from its disagreement to t-he amendment of the Sen- ate numbered 33, and agree to the same with amendments as follows: In line 2 of said amendment strike out the name ''Albert Grant," and in lieu thereof in- sert the names "Frank A. Behan, Francis A. Gibbons; " and after t·he word "provided," where it first occurs in said amendment, insert the following words "is hereby appropriated; " and the Senate agree to the same. . That the House recede from its disagreement to the amendment of the Senate numbered 36, and agree to the same wUhan amendment as follows: In lieu of the sum proposed by said amendment insert'' $822.96 ;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate numbered 43, and agree to the same with amendments as follows: After the word "for," where it first occurs in said amendment, strike out the words "ord- nance, twenty thousand dollars; for," and in lieu of the total sum stated in said amendment insert "$2,900;" and the Senate agree to the same. That the House recede from it~ disagreement to the amendments of the Senate numbered 45 and 46, and agree to the same with an amendment as follows: In lieu of the amended paragraph in ert the following: ''For payment in full of expenses, and for compensation of civil commissioner appointed under pro- visions of act of August 5, 1882, $3,788.81;" and the Senate agree to the same. That the House recede from its disagreementto the amendment of the Senate numbered 67, and agree to the same with an amendment as follows : In line 1 of said amendment, after the word "payment," insert the words " to the estate of A. D. Fisher;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 109, and agree to the same with an amendment as follo;ws: Strike out the name "-Vaugneder," and in lieu of the name stricken out insert" Vangender; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of t.he Senate numbered 118, and agree to the same with an amendment as follows: At the end of the Senate amendment insert the following: "And the~ttorney-General 

of the United States is hereby direct-ed to proceed against the warrantors upon the covenants in the conveyance and recover ba~k said sum in the name of the United Stat-es;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 149, and agree to the same with amendments as follows: On page 155 of the bill, in line 17, after the word ''may," insert the words "after due notice and opportunity for hearing;" and after the word ''sustain," in the same line, strike out the words" debar, dismiss;" and after the word" to," in line 20, strike out the words "abide by" and insert the words "comply with·" and after the word "shall," in line 21, insert the words" and with intent' to de- fraud ; " and the Senate agree to the same. The committee of conference has been unable to agree on the amendments of the Senate numbered 5, 6, 7, 8, 9, 10, 11, 19, 21, 22, 39, 47, 48, 49, 85, 86, 87, 92, 

101, 110, 117, 122, and 138. 

SAM. J. RANDALL, 

JAMESN. BURNES, W. H. CALKINS, 

Managers on the part of the House. 

EUGENE HALE, W. B. ALLISON, F. M. COCKRELL, 

Managers on the part oftJuJ Senate. 

The SPEAKER. The Clerk will now read the statement aecompanying the report. 

The Clerk read as follows: 

The managers on the part of the House of the conference on the disagreeing votes ofthe two Houses on the amendments of the Senate to the bill (H.R. 7235} 

making appropriations to supply deficiencies for the fiscal year 1884, and for other purposes, submit the following written statement in explanation of the conference report submitted: The bill as it passed the Senate appropriated $7 ,846,336.69, being 1,124,570.04 in excess of the bill as it pa sed the House. The Senate by amendments added to the bill 1,263,514.156 and reduced there- from 138,944.52, mak-ing, as above given, a net increase of$1,124,1570.04. The conference committee has agreed upon all but twenty-three of the two- hundred and twenty-three amendments of the Senate to the bill. In arriving at this agreement it is recommended that the Senate recede from amendments which appropriate $327,932.88, and that the House agree to amendments appro- priating 176,359.14. The amendments upon which the conference committee reports t.hat it is una-- ble to agree involve the appropriation of $759,222.54, and are as follows: Amendments 5, 6, 7, 8, and 9 provide for paving streets and alleys around pub- lic buildings in Des Moines, Hartford, Jer:sey City, Saint Louis, and Grand Rapids. 

Amendments 10 and 11 appropriate $6,758.31 for expenses of collecting internal revenue in 1883 and $150,000 for the same purpose in 1884. Amendment 19 appropriates $43,151.17 to pay to the States of California, Ore- gon, and Nevada the 15 per cent. of the amount of their quota for the direct tax of 1861, on account of the proper costs for assuming the collection of the same. Amendment 21 appropriates $5,000 to pay a judgment in favor of J. D. Culpo 

& Co. against a collector of internal revenue in California. Amendment 22 appropriates $3,950.73 to reimburse the amount paid for ex- penses of the commission to go in Louisiana in April,l877. Amendment 39 appropriates $33,771.69 to pay awards made by the commission- ers under the act of 1875 to aid in the improvement of the Fox and Wisconsin Rivere. 

Amendments 47, 48, and 49 provide for payment to the Harlan & Hollin&"Sworth Company,$67,987; to William Cramp & Sons,S76,790,and to JohnRoach,$69,201. 

respectively, for the use and occupation of their shi{ryards by the ironclads Am- phitrite, Terror, and Puritan. Amendments 85, 86, and 87 appropriate $90,000 for United States attorneys, and $75,000 for United States marshals. Amendment 92 strikes out the provision that no part of the appropriation for United States attorneys shall be used to pay special counsel fees. Amendment 101 appropriates $33,482 for miscellaneous expenses of the Senate_ Amendment 110 strikes out provision to repeal an appropriation in the ag- ricultural bill of $25,000 for the investigation of infectious and contagious dis- eases of domestic animals. Amendment 117 appropriates $175,000 for the payment for land taken for a reservoir for the water-works in the District of Columbia. Amendment 122 strikes out that· portion of section 2 of the bill which pro- vides a statute of limitations again t claims against the Go"\'ernment. Amendment 138 strikes out the provision that before any of the claims for difference between amount paid and legal compensation clAimed by certain customs officers under sections 2733 and 2738 of the Revised Statutes, a test-case 8hall first be tried in the Court of Claims. SAM. J. RANDALL, 

JAMES N. BURNES, 

W. H. CALKINS, 

Managers on fJuJ part of the House. 

Mr. RANDALL. The report of the committee of conference shows 

as the result of the action of the conferees on the part of the Senate 

that they have insisted in every instance upon twenty-three of the 

amendments disagreed to by the House. M:y colleague the gentleman 

from Indiana [Mr. CALKINS] and I have conferred, but we were not 

able to see the third conferee on the part of the House. However a majority of the conferees on the part of the House have not felt disposed to disagree to the amendments in bulk and insist upon a disagreement to all the amendments in controversy, but have selected some 

of them to be advised upon by a vote of the House. The gentleman 

from Indiana [1\Ir. CALKINs], in pursuance of that understanding, will 

indicate the few amendments which we thought the House should ex- press its opinion upon; and it is possible that the House may be willing, in order to save time, to remit the balance, as it is likely they can 

be arranged in conference. 

The SPE.i\.KER. The gentleman alludes to the amendments of the 

Senate not disposed of? 

Mr. RANDALL. I allude to a part ofthose thatweredisagreed to. 

The SPEAKER. The report of the committee of conference must 

be first disposed of. 

1\Ir. RAJ.'{l)ALL. I ask that the report be agreed to. 

111r. TOWNSHEND. Will the gentleman from Pennsylvania [Mr. 

RANDALL J inform the House whether any amendment still in controversy involves the payment of the clerks of Senators? 

The SPEAKER. That matter will come up after the report has 

been a~reed to. 

Mr. RANDALL. I will answer that question when I have an opportunity. 

The report of the committee of conference was agreed to. 

Mr. RANDALL moved to reconsider the vote by which the report of 

the committee of conference was agreed to; and also moved that the 

motion to reconsider be laid on the table. 

The latter motion was agreed to. 

Mr. RANDALL. In answer to the question of the gentleman from 

Illinois [Mr. TowNSHEND J I will say that Senate amendment numbered 101, which gentlemen can refer to in the bill printed with the 

Senate amendments, is a follows: 

For miscellaneous items, $33,482. 

That is for miscellaneous items of the Senate contingent fund. The 

conferees were unable to agree on that item, for it wa.s· frankly stated 

that the appropriation was intended to pay the clerks of Senaoors. 
5994 CONGRESSIONAL RECORD-HOUSE. JULY 3, 

Mr. CALKINS. They were to be paid from that appropriation. 

M.r. RANDALL. Yes; they were to be paid from that appropriation. The subject was discussed; I am not at liberty to say what oc- curred in the conference. But I am at liberty to say that I suggested 

that the Senate should put in language distinct and clear the object 

for which this appropriation was designed, so as not to have it simply 

classified as miscellaneous. Notwithstanding my suggestions, the 

amendment comes back with a disagreement. That is all I am at liberty to say. 

Mr. CALKINS. With the permission of my chairman I will indicate the amendment in regard to which I shall ask the House to recede 

from its disagreement. 

Mr. RANDALL. Does the gentleman desire much time for debate? 

Mr. CALKINS. Very few minutes will be sufficient on my part. 

Mr. RANDALL. I hope the debate will be confined as much as possible to the matters directly involved, as there are other bills to follow 

this. 

Mr. CALKINS. I movethatthe Honserecedefromitsdisagreement 

to the amendments of theSenatenumbered 5, 6, 7, and 8, and also from 

the amendment numbered 9, and agree to the same with an amendment 

which I send to the Clerk's desk. 

The SPEAKER. The Clerk will read the amendments of the Senate 

indicated, and also the amendment proposed by the gentleman from Indiana to the amendment numbered 9. 

The Clerk read amendments numbered 5, 6, 7, 8, and 9, as follows: 

5. For court-house and post-office, Des Moines, Iowa: One-half cost of paving 

alley around building, $514.42. 6. For custom-house and post-office, Hartford, Conn.: One-half cost of paving 

between city hall and custom-house, $892.46. 7. For court-house and post-office, Jersey City, N. J.: Paving Washington street adjacent to building, $244. 

8. For old custom-house, Saint Louis, 1\Io. : Paving Third street front, $1.,-

041.74; paving Olive street front, $946.49. 

9. For court-house and post-office, Grand Rapids, Mich. : Regrading, repaving, 

and sewering on Lyon and North Division streets, $1,491.53. 

The amendment of Mr. CALKINS to Senate amendment numbered 9 was read, as follows: 

Add to amendment numbered 9 the following: 

For court-house and post-office at Springfield, Ill., paving Monroe street, 

$870.85. 

Mr. CALKINS. I shaH be very brief in making my explanations to 

the House in reference to these amendments. There are two antagonistic views held by myself and the chairman of my committee. I 

maintain that while the Government of the United States holds this 

ground by deed or conveyance as any other proprietor holds land, 

there is a condition annexed which we require of the States, that no tax or burden shall be laid by the State upon the ground which is owned 

by the United States for this purpose. 

There is no disagreement between the gentleman from Pennsylvania 

[l\Ir. RANDALL] and myselfwithreferencetothepowerofStatesormunicipalities to tax or burden this property of the United States. I hold, 

andsodoeshe, asiunderstand, thatitisnotwithinthepoweroftheStates or municipalities to tax or burden this property in such a way that it may 

besoldasthepropertyofprivateindividualsmaybeforthenon-payment 

of taxes. But I hold, thatas the Government of the United States has 

accepted this property as an owner and as all citizens whose property 

abuts upon the streets adjacent to these public buildings can be com- pelled by the State or municipality to pay for improving the streets to 

the center, subject to the penalty of having their property sold for the 

tax if they refuse to pay it, the Government of the United States ought 

not as a proprietor to insist that because of the stipulation that the 

property of the Government shall not be subjected to any tax or burden by State authority therefore the Government will not pay for 

paving to the center of the streets in front of its property. In other 

words, having forced the citizens who owned private property to submit to an assessment to pay the cost of paving to the center of the 

street, the great Government of this country should not set itself up 

and say, "We refuse to bear any part of the expense of paving the 

streets upon which our property abuts." 

I admit that under the law the Government can not be compelled to 

bear any part of this expense; but I say the Government should pay 

its fair share as a matter of right and justice. The private owner whose 

property abuts upon the streets can be compelled to pay for paving to 

the center; and the Government, although it cannot be compelled to pay 

in the same way, should step in and say, '' We require nothing of the 

private citizen that we are not ready and willing to do ourselves." 

That is my proposition; there is where I stand. I say that in justice, 

in fair dealing and honesty, in common decency we should do this. 

Ifthe Government stands out and says, ''We will pay no part of the 

expense of making pavements or building sewers," then you may have 

one-half the streets upon which the Government property abuts un- paved; you may have no sewerage; you may _have your buildings isolated entirely from the improvements of the cities where they are located. 

I wish to add that in many cases -I have not a statement of them 

in detail, but I believe the gentlemen from Missouri [Mr. O'NEILL] 

has a statement in regard to a number of cases-the Government has 

borne its share of these expenses. The Forty-fifth Congress appropriated 

$9,000 to pay for paving in front of the arsenal in the city of Indianapolis in my own State. 

Mr. TOWNSHEND. To what extent? 

Mr. CALKINS. It paid the expense to the center of the street. 

Mr. TOWNSHEND. Was it beyond the sidewalk? 

l\1r. CALKINS. Yes, sir; beyond the sidewalk. In Chicago alsQ 

this expense has been paid by the Government in eight or ten cases, the 

particulars of which the gentleman from Missouri has before him. 

That is all I want to say on the legal proposition. 

Now, l\Ir. Speaker, I want to answer inadvanceone of the objections 

which has been urged against this proposition. The objection is that 

these cities where our public buildings are located, having the benefit 

of these establishments, ought to do this paving themselves. Now, if 

we had not purchased the land and erected these buildings, in order 

that the business of the Government might be transacted there, the 

objection might have some force. But the reasonable presumption is 

that the Government purchased the ground and erected the buildings 

for its own interests, and I think it is begging the question to say that 

because the erection of these buildings has added to the value of other 

property in the vicinity, therefore the citizens should pay all the ex- penses of street iniprovements. : 

1\ir. TOWNSHEND. Was it not the purpose of the Government in 

erecting these buildings to accommodate the citizens of the town or city where the buildings are located; and ought not that to be inducement enough for the citizens to pay for the pavement of the streets? 

Mr. CALKINS. Before answering my friend from illinois I want 

to make a statement of fa-ct which I think ought to have great weight 

in the determination of this question. 

Take a case (which is certainly a supposable case, and which I understand from my friend from Missouri is a-ctually the fact in the city of 

Saint Louis) where by constitutional provision a municipality is prohibited from making any expenditure of money beyond a certain limit; 

and where an expenditure up to the constitutional limit is demanded 

in order to meet the expenses of the city. There is no general fund . which can be appropriated for the paving of streets if the property own- ers fail to meet the assessment. The municipality is obliged in this 

respect to depend entirely upon the assessments made upon the owners of abutting property. But if the Government of the United States, 

whose property thus abuts upon the streets requiring to be paved, re- fuses to bear any part of this expense no assessment of course can be 

enforced against it. The city can not make an appropriation from its own treasury to meet this expenditure, because there is a constitutional 

inhibition. Hence if payment be not made by the Government of the 

United States the amount must go unpaid. 

Mr. TOWNSHEND. Is not my friend aware that when the Government locates a post-office or other public building in Saint Louis, or any 

other city, the value of adjacent propertyis thereby largely enhanced? 

Mr. CALKINS. My answer is that every building erected in the 

city of Saint Louis or elsewhere, whether built by lhe Government or by private individuals, enhances the value of adjacent property. I say 

that is not a consideration which this Congress should entertain for a moment. In regard to these street improvements, we should not compel 

private citizens to bear a burden whi::h the Government refuses to bear. 

We ought not to set ourselves up and, because we have the power, say, 

"We refuse to make the appropriation." 

Mr. WARNER, of Ohio. Will the gentleman from Indiana allow me to ask him a question ? 

1\Ir. CALKINS. Certainly. 

Mr. WARNER, of Ohio. As far as the streets are concerned, if not 

the sidewalks, is not this virtually admitting the power to tax the 

property of the United States in all cities where public buildings have 

been located? 

Mr. CALKINS. I will not stop to discuss a point of law. 

Mr. WARNER, of Ohio. Is it not enforcing the right to tax property of the United States by a State or municipality which at the time 

of the location of the public building was specially waived? 

Mr. CALKINS. I have admitted no State or municipality can lay 

this burden. 

Mr. WARNER, of Ohio. Then why shall the tax be paid on United 

States property? 

M.r. CALKINS. It is our duty to do that which we require of every 

private citizen. 

Mr. WARNER, of Ohio. That is not my point. When these public buildings were located in these cities was it not expressly provided 

the Government was not to pay any such tax? 

1t'Ir. CALKINS. No; I do not agree they would not ask the Government to do what it ought to do. If the Government ought to build a sidewalk for the purpose of getting to its custom-house and post-office 

it ought to do so, so men can go there on wheels as well as on foot, for 

the Government owns to the middle of the street. I now yield to my friend, the chairman of the committee, whatever time he requires. 

Ur. RANDALL. Mr. Speaker, we sit in this House as representatives of the several Congressional districts, and we naturally look after 

their interests rather than to the amount of money to be paid out of 

the Federal Treasury. That is especially the case, and perhaps natu-
1884. CONGRESSIONAL RECORD- HOUSE. 5995 

urally so, in those districts having representatives on this floor where 

public buildings are located. For myself, I was unwilling either directly or indirectly to admit the right of any State or municipal government to levy a tax upon the property of the United States; when 

that property had l,>een purchased for and dedicated to public uses upon express terms it should not be subject to taxes or other burdens. 

I am a layman, but I believe it to be good law that a statute must be 

construed in its entirety, and not each word as if it stood alone. Now 

you can not put the same construction upon the word ''tax'' and the 

word "burden." They are two words, and they are to be consh·ued 

together, and in their most comprehensive ense. 

Let me add, Mr. Speaker, that if we are to admit this right of taxation against Federal property beyond former appropriations-that is, 

outside of the immediate approaches-then you aregoingtoplungethe 

Government into a new expenditure of money, which ultimately will 

be very large. To admit we are bound to pay for one-half of the pav- ~g ofthis street around this public building, itfollowsofneces itywe 

will he compelled to pay for its repair and maintenance to the extent 

of their cost. 

I have no feeling about this beyond the principle which is involved; 

and to the adoption of any such new principle I was unwilling the con- ference committee should agree. If it is to be done, I wanted the Senate 

and the House in their representative relations to say that the Government of the United States should be taxed in this way. The gentleman from Indiana himself admits there is no power to collect such a tax, 

and I am quite willing, without another word, to submit the matter to 

the decision of the House. I shaJl be bound, of course, by the action 

the House shall take. 

Mr. CALKINS, Mr. O'NEILL, of Missouri, and Mr. EATOY rose. The SPEAKER. Does the gentleman from Pennsylvania yield the 

floor? 

Mr. RANDALL. T'ne gentleman from Missouri wishes to make a correction, and I will yield to him for that purpose. 

Mr. O'NEILL, of Missouri. In Saint Louis the expense of repairing 

and maintaining streets is borne out of the general revenue, and it is 

only as to the original construction of a street where the expense is levied 

against the a<ljacent property. 

Mr. RANDALL. But the principle is clear, that if they can tax the 

property of the United States to the middle of the street it follows of 

necessity, logically and legally, they can also tax it for one-half of the 

repair and maintenance of the street. I do not think my friend from 

Indiana, who is a good lawyer, will controvert that proposition. 

Mr. CALKINS. If the gentleman willyieldmetbefloor Iwillmove now to take the vote. 

Mr. RANDALL. I should like to yield to my friend from Connecticut for a moment. 

Mr. EATON. I agree, Mr. Speaker, with the general principle advanced by the gentleman from Pennsylvania, the chairman of the Committee on Appropriations. I do not beli"eve that the streets adjacent to 

Government property should be paved to the center by the Federal 

Government. 

But there is one item in this bill to which I desire the chairman of 

the committee to give his attention. I refer to the building of an approach between the city hall and the public building belonging to the 

United States in my own city of Hartford. No wheels go there. It is 

simply an approach between what used to be the State-house in Connecticut and the new public building belonging to the Government. 

Mr. RAJ.~ ALL. Does this alley belong to the Government? Is it 

public property-property of the United States? 

Mr. EATON. It is, to the extent of one-half. 

Mr. RANDALL. That, of course, presents a different case. Mr. EATON. That is just the case presented here, and to that I 

desire to attrad the attention of the gentleman from Pennsylvania. 

But another thing: the city of Hartford does not ask this Congress, 

nor do the Representatives from the State of Connecticut ask Congress 

to pave the streets adjacent to our public buildings in that State. We 

take care of them ourselves, and if my recollection serves me right we gave-we did not sell-one-half of that magnificent public park for this 

purpose to the United States, a park that was worth $300,000, · 

Mr. RANDALL. I will call the gentleman's attention to the fact 

that it does not matter so far as the principle is concerned whetherthe 

property was given to the United States or purchased by it. The principle involved is the same in either case. 

Mr. EATON. But it may be a question of reciprocal generosity on 

the part of the House. The House may see it in a different light. 

[Here the hammer fell.] 

~. RANDALL. I desired to yield a moment to the gentleman from 

New York [Mr. PoiTEB], but I do not now see him in his seat. I 

therefore yield thefloortothegentlemanfrom Indiana [Mr. CALKINS]. 

Mr. CALKINS. I yield three minutes to the gentleman from Illinoi'.! [Mr. SPRINGER]. 

Mr. SPRINGER. Mr. Speaker, the amendment of the gentleman 

from Indiana to the Senate amendment contemplates the paving of one- half of the street'.! opposite the public building in the city of Spring- field, and which has already cost the city $870. The city of Springfield 

bas adopted a general system of paving its streets, and has levied an 

assessment upon the adjacent property to pay for that paving to the cen- ter of the street. That system is now in operation in that city, and I am painfully ~ware of the existence of such a law from the fact of having just received notice that my own homestead has been assessed over 

$2,000 to pay the cost ofbuilding pavements in front .ofit for the benefit of other people, for I am not there. 

This is not an ordinary tax for the support of the Government of 

the State or the municipal government, but it is a tax for the repair, 

preservation, and building of the approaches to the Government property, and is not levied against the property at all, as the gentleman from 

Pennsylvania assumes. But the city has come to the Government and 

asked the Government, which is rich and able to pay its portion of the 

burden of keeping up the building and its approaches, as well as private individuals, to do just exa-ctly what the owners of other property 

are doing in the city. It asks the Government to do in Springfield just 

what it has already done in Indianapolis, Chicago, and even in Springfield on the other side of this very same building. All has been paid 

for by the Government in tho e cases. 

When this pavement was being put down I was in Springfield, and the 

Senators of the United States from that State were also present, and we gave assurances, under the precedents established heretofore on the 

other side of the court-house in Springfield, and also in Chicago and 

elsewhere, thatthis money expended by the citizens should be refunded 

by the Government of the United States. 

Now, as to the general principles involved in making this payment. 

I insist, while the Government should not be assessed by State and 

municipal authorities for the support of State or municipal governments, yet that this is entirely a different system of taxation and only 

obliges the Government as the owner of property to do what other own- ers of property are required to do in reference to these repairs. 

[Here the hammer fell.] 

:Mr. CALKINS. I now yield two minut-es to the gentleman from 

Ohio [:l\Ir. W ABNER], if he desires it. 

Mr. WARNER, of Ohio. Mr. Speaker, it seems to me that this question involves a principle to which the Government ought not to be 

committed. It certainly is a tax and nothing but a tax. Property is 

taxed to make sidewalks and street'.!. 

The Government owns this property. This is a proposition to subject that property to taxation for the purpose of constructing sidewalks 

and also paving the streets. As the gentleman from Pennsylvania 

[Mr. RANDALL] has said, if the Government is to be taxed to make 

them it must submit, of course, to a tax to repair and forever maintain 

them. That is the policy we are committing ourselves to. 

Now, who is to be benefited by the construction of these sidewalks? 

The people of the respective towns and cities. They own them. It is 

for their benefit, their use; and for this reason the appropriation bills 

providing for the construction of these buildings-all of them, I think, or all of them I have known anything aoout-contained the provision 

exempting the Government from this tax and from all burdens. 

Why, sir, if this principle is adopted we mnst go on and apply it to 

all the public buildings constructed now or hereafter to be constructed. 

And one thing you may be sure of: on that principle there will always 

be good sidewalks in front of the Government buildings if nowhere 

else in the e towns and cities. 

Mr. CALKINS. I yield two minutes to the gentleman from New 

York [Mr. PoTTER]. 

Mr. POTTER. In my judgment this proposition involves a question 

of serious import. In different cities of this Union different modes of 

procedru·e prevail. In the city of Boston, where I have paid taxes for 

a score of years, the streets are paved by taxation upon the general public and not by assessment. In the city ofNew York, where I also pay 

taxes, it is done by a system of assessment upon the abutting proprietors. In other cities throughout the land a different practice will be 

found prevailing. But in either case and in every case it is understood 

to be a tax and a burden upon the property. 

Why, sir, setting aside technicalities and looking at this not as a mere question of law, but as a question as to the proper relations of the States 

and cities to the General Government, it is perfectly clear, as it seeiDS. 

to me, that this practice, if it has ever obtained at all, ought to be at once stopped and forever. Why, sir, the use of these streets in front of these 

public buildings is more important to the people and the business of 

these cities than almost any other portion of the streets in those cities. 

They are used and used exclusively by the population, by the owners, 

and by the business of those cities; and they are getting the best and 

most important use of them. And when they use them they should 

pave them. This idea of commencing to lay burdens upon the General 

Government and our different cities competing in that direction should 

not for a moment be thought of. 

l Here the hammer fell.] 

Mr. CALKINS. I yield two minutes to the gentleman from Iowa 

(:&1r. KASSON]. 

Mr. KASSON. There is a smallitem in this bill for the paving of a 

street around the Federal court-house and post-office at Des Moines, 

Iowa. o,·er this street come all the mails from some twenty-eight 

mail trains a day, in addition to the other Government business car- ried on. Heretofore this Congress has appropriated just what the cost 
5996 CONGRESSIONAL· RECORD-HOUSE. JULY 3,. 

of paving was for that. portion lying next to the building. There remains this to complete the treet paving. • Now, sir, I differ with gentlemen who hold it to be a t:ax against the 

United States. They pay so much per yard for the pavmg to the contractor. To him is issued a certificate for the :Q.umber of yards; onehalf is assessed against the private proprietors abutting on one side 

of the street. For the half of the paving next to the United States 

public building he gets no pay unless the United Sta,tes voluntarily 

pays the a-mount, as it did one or two years ago upon another street. 

It has never been treated by us as a lawful tax against the United 

States, but as a just claim upon the equity of the United States to do 

just what the private citizen does and at the same terms that the private citizen pays. And that is just and equitable whatever may be 

said, and commits the United States to nothing except to do what is 

reasonable, just, and equitable. 

[Here the hammer fell.] 

Mr. CALKINS. I now move the previous question. 

Mr. TOWNSHEND. Will the gentleman allow me to ask him one 

question? 

Mr. CALKINS. I insist on the motion for the previous question. 

The SPEAKER. The gentleman from Indiana [Mr. CALKINS] demands the previous question on his motion that the House recede from 

its disagreement to the amendments of the Senate numbered 5, 6, 7, 8, 

and 9, with an amendment to the ninth amendment. 

Mr. RANDALL. I have no objection to the previous question being 

ordered. 

The previous question was ordered. 

The SPEAKER. Is a separate vote desired on the amendments? 

Mr. RANDALL. On the statement of the gentleman from Connecticut [Mr. EATON] there would be no difficulty about the amendment 

he referred to when that is proved to relate to public property. What 

I want is to have the principle established. 

The House divided on the motion of Mr. CALKINs; and there wereayes 56, noes 61. 

Mr. CALKINS. The division is so close that I must ask for tellers. 

Mr. RANDALL. I ask for the yeas and nays, that the vote of the 

House may be of record. This involves millions of the public money. 

Mr. SPRINGER. I also ask for the yeas and nays, because I want 

those members who think the United States is a pauper and can not 

afford to keep its own property in repair to put themselves on record. 

Mr. TOWNSHEND. I wish to know whether it is constitutional to 

tax the farmers of Illinois to improve the streets in Des Moines, Iowa? 

Mr. O'NEILL, of Missouri. And I want to know if it is constitutional to make false statemen.ts on this floor. 

The SPEAKER (rapping). Debate is not in order. 

The yeas and nays w:ere ordered, 51 members voting therefor. 

The question was taken; and there were-yeas 66, nays 115, not 

voting 143; as follows: 

Adams, G. E. Atkinson, 

Bayne, 

Boutelle, 

Brainerd, 

Brewer, F. B. Broadhead, 

Burnes, 

Calkins, 

Carleton, 

Chalmers, 

Culbertson, W. W. Cullen, 

Cutcheon, 

Davis,G.R. 

Dingley, 

Eldredge, 

Adams, .J . .J. 

Alexander, 

Bagley, · Ballentine, 

Barksda.le, 

Beach, 

Bennett, 

Blount, 

Browne, T. M. Budd, Cabell, 

Caldwell, 

Campbell, .J. E. Cassidy, 

Clay, 

Cox,W.R. 

Crisp, 

Culberson, D. B. 

Curtin, 

Dar~an, 

DaVIS,L.H. 

Dibble, 

Dibrell, 

Dorsheimer, 

Duncan, 

Dunn, 

Ea.ton, 

English, 

Ermentrout, 

YEA.S-66. 

Evans,I.N. 

Finerty, 

Funst<>n, 

Garrison, 

George, 

Harmer, 

Hart, 

Hatch,W.H. 

Henderson, D. B. Hitt, 

Holmes, 

Hooper, 

Houseman, 

James, 

Kasson, 

Lacey, 

Lawrence, 

Libbey, 

L<>re, 

McCormick, 

Maybury, 

1\filliken, 

Morrill, 

Neece, 

Nelson, 

O'Hara, 

O'Neill, Charles 

O'Neill, J . .J. 

Payne, 

Price, 

Rankin, 

Ray, Ossian 

Rowell, 

Skinner, C. R. 

NAY8-115. 

Everhart, 

Ferrell, 

Forney, 

Geddes, 

Glascock, 

Goff, 

Green, 

Greenleaf, 

Halsell, 

Hardy, 

Hatch, H. H. Hemphill, 

Henley, 

Hewitt, G. W. Hiscock, 

. Hoblitzell, 

Hunt, 

Jeffords, 

Johnson, 

Jones,B.W. 

Jones,J.H. 

Jordan, 

Kleiner, 

Lamb, 

Lanham, 

LeFevre, 

Long, 

L<>wry, 

Lyman, 

McComas, 

McMillin, 

Milla.rd 

1\filler,l F. Mitchell. 

Morgan, 

Muldrow, 

Murphy, 

Murray, 

Mutchler, 

Oates, 

Ochiltree, 

Parker, 

Perkins, 

Peters, 

Pierce, 

Pot, 

Potter, 

Pryor, 

Randall, 

Reese, 

Riggs, 

Robinson, W. E. Rockwell, 

:Rosecrans, 

Seney, 

Seymour, 

Spooner, 

Stewart, Charles 

Smalls, 

Springer, 

Steele, 

Stephenson, 

Strait, 

Struble, 

Thomas, 

Wait, 

Wakefield, 

Washburn, 

Weller, 

White, Milo 

Whiting, 

Wilson, Jnm.es Woodward. 

Storm, 

Sumner, D. H. Taylor, J.D. Taylor, .J. M. 

Thompson, 

Tillman, 

Townshend, 

Tucker, 

Tully, 

Turner, H. G. Turner, Oscar Van Alstyne, 

VanEat,<>n, 

Wadsworth, 

Ward, 

Warner,A.J. 

Warner, Richard Weaver, 

White, J.D. Wilkins 

William~. 

Winans, E. B. 

Winans, John Wise, G. D. Wolford, 

Yaple, 

York, 

Young. 

NOT VOTING-143. 

Aiken, Cox, S. S. Hutch in , Anderson, Davidson, Jones,J.K. 

Arnot, Davis,R.T. Jones,J.T. 

Barbour, Deuster, Kean, 

Barr, Dockery, Keifer, 

Belford, Dowd, Kelley, Belmont, Dunl.uun, Kellogg, 

Bingham, Elliott, Ketcham, 

Bisbee, Ellis, King, 

Blackburn, Ellwood, Laird, 

Blanchard, Evin ,J.H. Lewis, 

Bland, Fiedler, Lovering, 

Bowen, Findlay, McAdoo, 

Boyle, Follett, 1\IcCoid, 

Brec1.-inridge, Foran, Matson, 

Breitung:f Fya.n, l\filler, S. H. Brewer, . H. Gib on, Mills, 

Brown, W. W. Graves, 1\Ioney, 

Brumm, Guenther, :Morrison, 

Buchanan, Hammond, 1\I orse, Buckner, Hanba-ck, Moulton, 

Burleigh, Hancock, Muller, 

Campbell, Felix Hardeman, Nicholls, 

Campbell, J. M. Haynes, Nutting. 

Candler, Henderson, T. J. O'Ferrn.ll, 

Cannon, Hepburn, Paige, 

Chace, Herbert, Patton, 

Clardy, Hewitt, .A.. S. Payson, 

Clements, Hill, Peel, 

Cobb, Holman, Pettibone, 

Collins, Holton, Phelps, 

Connolly, Hopkins, Poland, Con verse, Horr, Pusey, 

Cook, Honk, Ranney, 

Cosgrove, Howey, Ray, G. W. Covington, Hurd, Reagan, 

So the motion of Mr. CALKINS was not agreed to. 

The following additional pairs were announced: 

Reed, 

Rice, 

Robertson, 

Robinson, J. S. 

Rogers, J. H. Rogers, W.F. Russell, 

Ryan, 

Scales, 

Sho.w, 

Shelley, 

Singleton, 

Skinner, T.G. Slocum, 

Smith, 

Snyder, 

Spriggs, 

Stevens, 

Stewart,J. W. Stockslager, 

Stone. 

Sumner,C • .A.. 

Talbott, 

Taylor, E . B. Throckmorton, 

Valentine, 

Vance, 

Wallace, 

Wellborn, 

Wemple, 

Willis, 

Wilson, W. L. 

Wise,J.S. Wooa, 

Worthington. 

Mr. CRISP with Mr. STEWART, of Vermont, for this day, except on Mexican pension bill and Senate amendments thereto. 

1\fr. RYAN with 1\fr. WELLBORN, for to-day. 

Mr. GRAVES with Mr. COSGROVE, on this vote. 

1\fr. WARNER, of Ohio. I am paired with a gentleman from Pennsylvania, but on the advice of one of his colleagues I have voted. 

The result of the vote was then announced as above stated. 

~Ir. RANDALL. I move that the House further insist upon its disagreement to the Senate amendments numbered 5, 6, 7, 8, and 9. 

The motion was agreed ~· 

M.ESSAGE .FROM THE SENATE. 

.A message from the Senate, by Mr. McCooK, its Secretary, informed 

the House that the Senate had .agreed to the report of the committee 

of conference on the disagreeing votes of the two Houses upon the amendments of the Senate to the bill of the House of the following title: 

A bill (H. R. 5709) to amend article 72 of the Rules and Articles 

of War. 

ENROLLED BILLS SIGNED. 

Mr. PETERS, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled bills of the 

Honse of the following titles; when the Speaker signed the same: 

A bill (H. R. 4383) to relieve certain soldiers from the charge of desertion; and 

A bill (H. R. 4696) to authorize the location of a branch home for 

disa.bled volunteer soldiers and sailors in either the State of Arkansas, 

Colorado, K , Iowa, Minnesota, Missouri, or Nebraska, and for 

other p 

DEFICIENCY APPROPRIA.TION BILL. 

use resumed the consideration of the Senate amendments, not 

of by the report of the committee on conference, to the bill 

7235) making appropriations to supply deficiencies in the appropna ns for the fiscal year ending June 30, 1884, and for prior years, 

and for tho e certified as due by the accounting officers of the Treas-· 

ury in accordanc with section 4 ofthe act of June 14,1878, heretofore 

paid from permanent appropriations, and for other purposes. 

Mr. CALKINS. I now move that the House recede from its disagreement to the amendment of the Senate numbered 22, and agree to 

the sa:rne. 

Mr. TOWNSHEND. Let the amendment be read. 

The SPEAKER. Except by con ent, the amendments not dispo ed 

of by the report of the committee of conference must be considered in 

their regular order. 

Mr. RANDALL. After two or three of those amendments have been 

voted upon, if there be no call for a separate vote on any of the other 

amendments, I can expedite matters by moving that the House further insist upon its disagreement to all of the amendments in gross. 

:Mr. CALKINS. That is the understanding. 

The SPEAKER. The amendment will be read. 

The Clerk read as follows: 

!.{~1-~h:~gl~~~cretaryofthe Treasury to reimburse the amount paid for expenses ofthe com.mission appointed to go to Louisiana, April, 1877, S3,950.73." 

The SPEAKER. The q nestion is on the motion of the gentleman 
1884. CONGRESSIONAL RECORD-HOUSE. 5997 

from Indiana [Mr. CALKINS J that the House recede from its disagreement to the amendment of the Senate just read, and agree to the same. 

Mr. CALKINS. I will detain the House but a moment with an explanation of this amendment. I know that I am treading upOn very 

dangerous ground in calling the attention of the House to it. . 

The purpose of t~ amendment is to reimburse President Hayes for 

the amount of money expended by him in thepaymentofthe expenses 

.of General HAWLEY of Connecticut, Governor Brown of Tennessee, 

Mr. MacVeagh of Pennsylvania, Mr. Lawrence of Illinois, and Justice Harlan, then of Kentucky, as a co~ttee to proceed to Louisiana 

.at a time when there were dual State governments in that State for the 

purpose of ascertaining the facts and reporting thereon to him. The 

Constitution of the United States requires that the President shall take 

.care that thelaw~:S shall be executed. In cases where he can not himself go I know of no other way in which he can obtain information except by selecting and sending persons to inquire and ad vise him. Predicated upon that portion of the Constitution, these men were selected 

.and did perform a service which resulted in the turning of the government of Louisiana over to the Nicholls regime. Those gentlemen were 

paid by President Hayes, and ever since that time Congress has been 

.asked to appropriate money to reimburse him. 

I will say that if it had been in reference to any other subject, upon 

which the minds of the people were less excited, or upon which there 

was less partisan prejudice, I take it there would be no difficulty in se-

:euring this appropriation. I think that to-day, being near the end of 

this session, the minds of members will be in such a frame that they 

will be willing to do justice by the appropriation of this money to pay 

for that which resulted so beneficially to some of my friends on the 

other side of the House. 

I now yield to the gentleman from Pennsylvania [Mr. RANDALL], 

and ask him when he gets through to call the previous question. 

Mr. RANDALL. I admit that the commission referred to resulted 

in great good, giving that portion of the people of Louisiana who had 

carried the election in the State control of the State government. Yet 

I must recognize the fact that this is a debt which was contracted without authority of law. While, if not acting in an official relation, I 

would be glad to say that Mr. Rutherford B. Hayes should be remunerated, still, acting as a legislator and as a conferee on this bill, I felt 

bound to report, as I have done, in favor of a disagreement to this amendment, subject of course to the will of the House. 

Mr. TOWNSHEND. Let us take up a collection for Hayes. 

Mr. CALKINS. I call the previous question. 

The previous question was ordered. 

The question being taken on the motion of M:t:. CALKINS that the 

House recede from its disagreement to the twenty-second amendment 

of the Senate and agree to the same, the motion was not agreed to, 

there being-ayes 37, noes 75. 

Mr. RANDALL. I move that the House further insist on its disagreement to the amendment. 

The motion was agreed to. 

1\Ir. CALKINS. There are three other amendments which we have 

decided to submit to a vote of the House-the forty- eventb, fortyeighth, and forty-ninth amendments. 

The amendments were to insert the following new paragraphs: 

To pay the Harlan and Hollinsworth Company for the use and occupation of their ship-yard by the ironclad Amphitrite, and the care of said ve sel, and ex- penses to which they were subject for watching and storage of turrets, pilothom;es, guns, &c., from .July 8, 1876, to December 29, 1882, $67,987. To pay 'Villiam Cramp & Sons for the use and occupation of th~ir ship-yard 

by the ironclad Terror, and for care and storage of the turrets, guns, &c., from .July 8,1876, to December 30, 1~,$75,790. 

To pay .John Roach fortheuseandoccupationofhisship-yard by the ironclad Puritan, and for the care of said vessel, and storage of her turrets, guns, &c., from .July 8, 1876, to December 29, 1882, $69,201: Provided, That no moneys hereby ap- propriated for the above three mentioned ships sh"all be paid except upon full receipt and discharge of all claims of the parties to whom the same may be paid for care and storage of aid vessels, turrets, guns, &c., for u e and occupation of these several yards. 

Mr. CALKINS. I move that the House recede from its disagreement 

to these amendments and agree to the same with an amendment which 

I ask the Clerk to read. 

The Clerk read as follows: 

Insert after the paragraph providing for the payment of William Cramp & Sons the following: To pay Phineas Burgess for the use and occupation of his ship-yn.rd by the ironclad 1\Ionaduvck, and for the care of said vessel and stor- age of her turrets, guns, &c., from July 8, 1876, to November 15,1883,$65,650. 

Mr. CALKINS. Mr. Speaker, there are in this bill four items providing payment to fuur difterent persons for storage and care of the four 

monitors for several years past. I will state the manner in which this 

question is presented. At the last session of Congress it was provided 

by law in the naval appropriation act: 

And the Secretary of the Navy 8hall take po · ion of the double-turreted ironclads, and if he thinks best, remove the same to the Government navy- yards; and he shall ascertain the amounts which ought. to be paid to the contractors severally for the use and occupation of their yards with said ships and for the care thereof, and report the same, with all the facts connected therewith, to Congress. 

The Secretary of the Navy under this law appointed a board, consisting of three naval officers, ·whose inquiry on this subject has not been 

in any way disputed, nor has any reflection been cast upon them. This 

board reported to the Secretary of the Navy the compensation which 

each of these parties ought to receive for occupancy of parts of their yards 

by these vessels and for the care of them, including the hhing of 

watchmen whom they were obliged to hire, and also the repairs necessary to be made upon each of these vessels during the time they were 

in these. yards. The report made by this board to the Secretary of the 

:Navy was sent to Congress with his recommendation that an appropriation be made io accordance with the law and with the report which 

b.ad been made for the payment of these amounts .. 

I think, l\1r. Speaker, I need say nothing further on that subject. 

The amounts are due. The sums to which these parties are entitled 

have been ascertained. They ought to receive their money. The only 

question is when we shall pay them. I think these amounts should be 

paid now. 

I want to make one further suggestion. It is said that this is a mere 

claim. I reply that it is not a claim in the ordinary acceptatio• of the 

term, because under the law the Secretary of the Navy was required to 

ascertain the amounts due to these parties. He has ascertained the 

sum due and it baa become a settled matter under the law. We ought 

to appropriate the money. 

Mr. RANDALL. Does the gentleman say that this board had authority to determine finally the extent of the liability of the Government in this matter? 

Jlt~r. CALKINS. No, sir. But in the absence of any dispute as to 

the amounts properly due, I say that we ought to pay them. 

I now yield fiveminutestothegentlemanfrom Delaware [Mr. LoRE]. 

:Mr. LORE. :Mr. Speaker, in 1874 the contracts were made for these 

double-turreted monitors. .As the circumstances of the several cases 

are substantially the same, I will refer to but one Tessel, the Amphitrite. This vessel was begun in 1874. It was put upon the ways. In 

July, 1876, the Government stopped all work upon the vessel, which 

then remained upon the slip of the Harlan and Hollingsworth Company 

at Wilmington, Del., for more than six years-from July, 1876, to December, 1882. The use of this slip thus occupied during that time by 

this vessel was worth to this company, and they could have easily made 

from its use, $20,000 a year, which would have been for siX and a half 

years $130,000. By the fact that the vessel remained there they were 

pre-vented from taking other contracts In addition to the space which, 

it occupied, they had to take care of the vessel, to see that it was kept 

in proper eondition. I state upon the authority of Mr. J. Taylor Gause, 

one of the purest and best men I think in the entire country, that by 

the use of that slip during these six and a half years the company could 

have made 130,000. Then, as I have said, there was the expense of 

watchmen, and, morethanthat, thecompanywaspreventedfrom taking 

other contracts. The vessel was an obstruction in their yard. 

In December, 1882, a new contract was made by the Government, 

under which the vessel was launched, and since that time the Government has been paying for wharfage for these vessels at the rate of 8 a 

day, which would be about $3';000 a year. 

I desire to emphasize the statement that the amount proposed to be 

paid by this bill to these people is not one-half of what they could have 

made if these vessels had not remained in their yards, and which they 

were prevented from making by reason of the obstruction which the 

vessels caused. The amount.of the claim is what has been fixed by the 

Government. These people had no voice in it. At the suggestion of 

the last Congress three commissioners were appointed by the Secretary 

of the Navy. They fixed the price. They discounted that price 25 

per cent. The Secretary of the Navy now says it is a low and reasonable price. 

The Government has fixed a low price for what has been done by 

these ship-yards. They all stand on the same basis. It is an amOlmt 

ascertained by the Government. It is a lowamount. Itisonly just it 

should be paid by the Government, and in this bill. I do not think I 

need add one word more. I believe this Congress is actuated by proper 

motives and that they will do that which is right or at least within 25 

per cent. of it. 

Mr. RANDALL. The amount involved in the matter immediately 

under consideration is a quarter of a million of money. I do not know 

that I dissent from the statement made by the two gentlemen who ha>e 

spoken in relation to it. But these are claims. They grow out of cer- tain contracts made in relation to the monitors, and there is no reason 

why these claims should be taken out of the current course of legislation in this House and attached to the deficiency appropriation bill. 

1\Ir. BLOUNT. Will the geatleman yield to me for a question? 

Mr. RANDALL. Certainly. 

Mr. BLOUNT. Is it not true that these vessels went into these shipyards under contract by the Secretary of the Navy to repair and reconstruct those vessels when there was no appropriation of money and 

when there was an inhibition in the law to make any such contract? 

Is it not further true they r emained year after year when Congress with 

its attention specially called to it refused to make appropriation therefor? 

Ur. RANDALL. The very question which the gentleman asks shows 

the propriety of these claims being considered in a full and deliberate 

way instead of being inserted in the deficiency appropriation bill at 

the other end of the Capitol. I am not fully able to answer the ques-
5998 CONGRESSIONAL RECORD-HOUSE. JULY 3, 

tion of the gentleman from Georgia. As I understand it these claims 

for wharfage and rent arose between the period when the Government stopped the contract on these monitors and subsequently when 

Congress authorized the placing of engines in them, a period of six 

years and a half. Ifthe gentleman from Indiana, who advocates this 

mode of disposing of these claims, can answer the question of the gentleman from Georgia I should be glad to have him do so. With many 

others I have not had full opportunity to examine into every particular of these claims. Not having the matter immediately under consideration I have not given it that attention, perhaps, it ought to have 

had from me. As I have not been in favor of the allowance, I am free 

to say I should be glad to hear it discussed. 

.1\Ir. CALKINS. What was the question of the gentleman from 

Georgia? 

l\Ir. BLOUNT. It is not true when these vessels were taken to 

these ship-yards they were carried there under contract for work to be 

done on them when no money was appropriated by law for the purpo e, and when the law declared there could be no contract unless 

appropriation had been previously made? Did not the Forty-fourth, 

Forty-Fifth, and Forty-sixth Congresses, when this matter was brought 

before them, refuse to make any appropriation for work to be done under 

these contracts because they were illegal ? Did not the minority of the 

last House stand in the way of anything being done in that ma,tter? 

Mr. CALKINS. The matters we are now considering have nothing 

to do with the damages these parties claim they suffered by violation 

of the contracts they made for completing the monitors, and which are due and unadjusted. The point of difference between these parties and 

the discussion which arose in previous Congresses was as to the amounL 

of damages they sustained by Congress refusing to make appropriation 

of money to carry out the contracts they claim covered the completion 

of these monitors. They laid claim for damages against the Government, not only for the rent and occupation of their yards and all that 

as a part of the damages, but they laid claim against the Government 

for damages for a breach of contract. Now, that claim is not included 

here at all. 

The last Congress took this view of the case: As the Government of 

the United States had these four monitors upon the stocks, occupying a part of the yards of these ship-builders who had gone on and made 

repairs upon them, covering them in to protect them from the weatheJ:, 

painted them when necessary, appointed watchmen to take care of them 

so as to prevent them from deteriorating, and performed such service and 

such duty as they thought it proper to do to prevent them from rotting on the stocks, that therefore it was proper to look into the question of 

the occupancy of the e yards by the vessels; and these items to which 

I have referred, that is to say the rent of the yards, the care of the vessels and their storage, were the items that the board was ordered to investigate and make a report to the Secretary of the Navy, leaving the 

question of damages and of the violation of the contracts entirely out 

of the question. This was the view the last Congress took of the matter. 

These questions of damages are questions of claims to be considered 

and investigated by that committee, but the question now presented for 

the rent and occupation of the yards and the payment of the men who 

took care of the vessels and kept them from deteriorating and being destroyed presents an entirely different question, which was referred to 

the Secretary of the Navy by the law oflast year to inv~tigate andreport upon .it. Pursuant to that law and authority he appointed a board 

compesed of three officers of the Navy, consisting of Captain Johnson, 

Commander Schley, and Naval Constructor Hichborn to go to these 

yards and ascertain the amounts which ought to be. paid to the colitractors for the use and occupation of the same. These officers performed 

that duty and on the 8th of January last made their report. I am informed that in some cases these men owning the ship-yards had to bor- row-money to bear the expenses which these monitors and their care impo ed upon them. So that the question the gentleman from Georgia 

asks is not applicable at all to this subject. 

The questions of damages are all outside. The great question we have 

to consider here is as to whether we shall pay the amount which is due 

to ~ hese men for the purposes I have indicated. 

If the gentleman from Georgia now desires any time, I will yield to 

Lim for a few minutes. I will then ask a vote. 

Ur. BLOUNT. I would like to have two or three minutes . . Mr. CALKINS. I will yield to the gentleman three minutes. 

::\Ir. BLOUNT. I do not ee the distinction tha,t the gentleman from 

Indiana has presented. The position taken by the Forty-fourth, Fortyfifth, and Forty-sixth Congresses and the minority of the last House 

was that everything done in connection with these vessels grew out of 

an unlawful contract; that they were taken into the yards of these 

ship-builders when there was no provision oflaw authorizing it. Congress refused :ill the time to do anything with t!~em. They were kept 

there; and there was no effort on the part of these people to relieve 

themselves of the burden of keeping them; bnt they were hoping evidently to keep them until some favorable opportunity would arise to 

make a contraet for their completion. That was the view that was taken by the. e Congresses. 

:Mr. CALKINS. The view that I tried to impress upon the gentle- man from Georgia does not embrace the question of the completion of 

the vessels at all. Just let me read him a sentence from this report 

which will make it clear: 

The board appointed by your order of the 2oth of November, a copy of which is herewith appended marked A, to ascertain and report to the Department the amounts which ought to be paid to the contractors for the use and occupation of their yards by the double-turreted ironclads Puritan, Amphitrite, and Terror, and for the care thereof, has the honor to report, &c. 

That is the subject I have just been discussing. So that the only 

thing included was for the rent, occupation, and space the monitors 

occupied in these yards and the care that was necessary to be taken of 

them; that is, the actual outlay that these men were required to make 

to keep them from being destroyed or from deteriorating. 

:Mr. BLOUNT. That is just the one point I have been making, that 

the occupation by these vessels of these yards grew out of an illegal 

contra-ct, that they should never have gone into the yards in the first 

instance, and that it was an attempt to force upon Congress an appropriation of money under these contracts for their care or completion 

which it had refused. 

:Mr. CALKINS. Will the gentleman allow me a moment? 

Mr. BLOUNT. Certainly. 

Mr. CALKINS. With reference to whether the contracts were illegal or not is a question not involved here. The only question is that 

these vessels occupied the space in the yards without reference to any 

contract. They were there and were cared for bythesepeople. They were our property; and I wish to ask the gentleman whether he would 

consent to the occupation bythe Governmentofprivate premises without remuneration? Does the gentleman think it right to do that? 

Mr. BLOUNT. I wish to say that the presence of these vessels, 

whatever damages grew out of it to those ship-yard owners, arose out 

of the contracts, and these parties themselves knew it to be illegal 

when they carried the vessels into their yards. And the gentleman 

from Pennsylvania suggests that it was made within a few days before 

the term of office of the then Secretary expired. There was no money 

in the Treasury to pay for it. 

1\Ir. LORE. Let me ask the gentleman a question. Does he not 

think that the Government is estopped from denying this claim for the care and preservation of these vessels from the fact that they were put 

there by the then officers of the Government, that they remained there as Government property without question, and that the Congress of the 

United States authorized these vessels to be finished so far as to launch 

them? That being the case, iS it not true that the Government is 

estopped now from making this objection that the gentleman now sets 

up? 

Mr. BLOUNT. I wish to say if the last Congress saw fit to make a contract, whatever contractthey made at any time we are bound by. 

But when an unlawful contra-ct w~ made by the Department we refuse 

to regard it; and if those vessels were continued there under the un- lawful contract we are not bound by it. 

The SPEAKER.• The time of the gentleman has expired. · 

Mr. BLOUNT. The gentleman from Indiana occupied part of my 

time. 

Mr. CALKINS. I yield the gentleman two minutes more. 

Mr. BLOUNT. Now the gentleman from Indiana sa-ys that Congress authorized the Secretary of the Navy to appoint a. board for the 

purpose of ascertaining what the damage to. these parties was-- :M:r. CALKINS. Not the damage. 

Mr. BLOUNT. Well, the facts as to the occupation of the yards. 

Mr. CALKINS. And the money the parties had paid out themselves. 

Mr. BLOUNT. Now, 1\Ir. Speaker, I am not complaining of the 

present Secretary of the Navy for appointing that board. He did ex- actly what the law required him to do. The board made an investigation and reported. But I go beyond that. I believe that this whole 

matter is a pure clai~; and I believe there is scarcely anything in it. 

Some of the items I might be willing to allow. But I think we mre it to ourselves to let this take its course as a claim as all other claims 

do. Let it go to a committee· let it be reported to this House; and let 

it be debated and acted upon by itself. .A claim for damages that have 

occurred in this way is entitled to no high privilege of riding through 

this House on an appropriation bill. 

Mr. RA.l.~DALL. The gentleman from Georgia seems quite familiar 

with the facts. My memory is not altogether exact in regard to them; 

but it seems to me those contracts were made conditioned upon appropriations. · 

.Mr. BLOUNT. Thev were. 

l\lr. RA.l."\TDALL. .Aiid conditioned upon approval of the Secretary. 

l\lr. BLOUNT. I do not desire to recur to private conversations. 

But if the gentleman from Indiana will' allow me another moment, I 

wish to say that at the time that contract was made, within two or three days or a week, or at least a very short period, before the then 

Secretary of the Navy went out of office, I happened to have charge of 

the naval appropriation bill, and he called _my attention to the fact that 

the contract had been made; and it was distinctly understood they had no power; it all depended on whether an appropriation was made or not as to all of them: Mr. Roach was, I think, the only person con- tracted with. 
• 

1884. CONGRESSIONAL RECORD-HOUSE. 5999. 

Mr. CALKINS. Oh, no. Mr. BLOUNT. There may have been one or two others. Congress 

did ·not make the appropriation, and refused to do so year after year. 

And yet the work on the vessels was continued in those yards. And 

here is this claim. 

Mr. CALKINS. I desire to say one word in reply. The original 

contracts made with these parties, as has been stated by the gentleman 

from Pennsylvania and the gentleman from Georgia, were conditional 

contracts. But the hulls of the vessels were constructed; they were 

there. There was our property. That is the fact about it. Then 

Congress came in and undertook to annul those contracts and refm;ed 

to make further appropriations. How did that leave them? It left the 

hulls of those vessels in these yards, and there they remained occupying that space; andinsnchacondition they needed care. And Congress 

did not make sufficient appropriations to afford proper care. 

Mr. BLOUNT. Congresswasneveraskedfbrthat. Itwasconstantly 

asked for appropriations under those contracts. . Mr. CALKINS. It was asked for appropriations to finish the vessels, and Congress would not give it. But these parties expended their 

money in taking care of the vessels. We passed a law by which we 

took three of these vessels under new contracts, recognizing the validity of the old contra{lts, and put armor on them, and they are now taken 

away from these yards. But there they were for several years in the 

possession of these men, occupying this space, and they paying their 

~oney out for their proper care. There is not a man who will rise on this floor and say that this 

should not be paid. It is only said that it ought to go to the Committee on Claims. We all know what that means. That is a mausoleum, a tomb, where this matter would be buried, and from which it 

would never be resurrected. But here the board has reported the 

amount that ought to be paid. Nobody disputes that we owe it. Let 

us now have a vote. 

Mr. HOBLITZELL. Will the gentleman from Indiana allow--

Mr. CALKINS. I move the previous question. 

The previous question was ordered. 

The SPEAKER. The question is on the motion of the gentleman 

from IDdiana [Mr. CALKINS] that the House recede from its disagreement to the amendments of the Senate numbered 47, 48, and 49, and 

a,g:ree to the same, with an amendment to number 49. 

The House divided; and there were-ayes 55,-noes 71. 

So (further count not being called for) the motion was not agreed to. 

Mr. RANDALL. If there be no other separate vote asked for, I 

move that the Honse insist on its disagreement to the amendments of 

the Senate not heretofore disposed of. .:. Ir. DIBRELL. I wish to ask the gentleman from Pennsylvania if 

the Senate committee insist on amendment numbered 110 to strike out 

the provision repealing the appropriation .of $25,000 to the Agricultural Department? 

Mr. RANDALL. They do. This was an amendment inserted in the 

bill in the House, if I remember rightly, at the instance of the gentleman from Tennessee [Mr. DIBRELL]. · 

Mr. DIBRELL. It was unanimously agreed by the Agricultural 

Committee in framing the appropriation bill that if the pleuro-pneumonia bill passed this provision should be stricken out of the appropriation bill. The appropriation bill passed before the pleuro-pneumonia bill. In the comni.ittee of conference a motion was made to 

strike this provision out. But it was suggested by Mr. HALE and Mr. 

CALL, two of the conferees on the part of the Senate, that it was better 

to strike it out by an amendment on this bill. 

Mr. RANDALL. In obedience to the recommendation of the Committee on Agriculture that was inserted, and after full advisement of 

the propriety of the action recommended by that committee the House 

conferees insisted upon it. I think it can be adjusted in conference. 

Mr. WILSON, of Iowa. I agree with the gentleman from Pennsylvania [Mr. RANDALL] with regard to the item of $25,000, that we do 

not need it now. That feature, taking care of the quarantine, is in 

some other bill, is it not? 

Mr. RANDALL. It is in the pleuro-pneumonia b.ill, I think. 

Mr. WILSON, of Iowa. At least we do not need it here. 

Mr. RANDALL. I move now that the House further insist upon its 

disagreement to the amendments of the Senate not disposed of and ask a further conference. 

The motion was agreed to. 

The SPEAKER appointed as the managers of the conference on the 

part of the House Mr. RANDALL, Mr. BURN~, and Mr. CALKINS. 

CLAIM OF CHEROKEE INDIANS, ETC. 

:Mr. ELLIS, by unanimous consent, submitted the following resolution; which was referred to the Committee on Appropriations: 

Resolved, That the claim of the Cherokee Indians residing east of the Mississippi River at the date of t he treaty of 1835, as set forth in the report to Con- gress of the Secretary of the Interior, February 3, 1883, and made under act of 

August 7, 1882, and contained in Senate Executive Document No. 60, of the sec- ond session of the Forty-seventh Congress, or such sum or sums as may be found 

due to them, either legally or equitably, be, and the same is hereby, referred to the Court of Claiins for adjudi cation, di position, and report, as provided by the 

Cherokee treaties of 1835, 1836, and 1846, and jurisdiction is hereby conferred upon said court to hear and determine the rights of all parties interested therein; 

and that in the hearing and determination of this suit, and also in the hearing 

and determining of a certain other suit now pending before said Court of Claims, 

and known as cause No. 13828 on the docket of said court, the judges thereof are hereby authorized and directed to hear and consider the claim of Belva A. 

Lockwood for professional and other services rendered and expenses incurred 

by her in both cases, in aiding the said band of Cherokee Indians and other In- dians east of the Mississippi River in prosecuting their rights involved in the 

said suits, and to determme what amount is justly due to her on account of such 

services and expenditures, and to make and enter of record in both causes an order tha.tthe amount so proved to be due t.o her shall be paid toheroutofsuch sum or sums as shall be found to be due to said Cherokees from any funds held 

in trust by the United States for said Cherokee Nation oflndians. 

ORDER OF BUSINESS. 

Mr. TOWNSHEND. I call for the regular order. 

M:r. WILLIS. I rise to a privileged report. 

The SPEAKER. The gentleman will 'submit it. 

RIVER AND HARBOR APPROPRIATION BILL. 

M:r. WILLIS. I submit now the report of the committee of conference on the disagreeing votes of the two Houses on the amendments 

of the Senate to the bill of the Honse 7012, making appropriations for 

the construction, repair, and preservation of certain public works on rivers _and harbors, and for other purposes. 

The SPEAKER. The report of the committee of conference will be 

read. 

The Clerk read the report, as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7012) ''making appropriations for 

the construction, repair, and preservation of certain public works on rivers and 

harbors, and for other purposes," having met, after full and free conference have 

agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its amendments numbered 28, ~9, 50, 57, 59,60, 62, 

'71, 72, 79, 82, 84, 88,107. 

Amendment numbered 19: That the Senate recede from its amendment num- bered 19, with an amendment as follows: Omit the part struck tbrough and 

insert the follo,ving: "Provided, That no part of said money shall be so ex- pended until the Secretary of War shall be satisfied that the Buffalo Bayou ShipChannel Company has relinquished or abandoned to the United States, forever, 

all their franchises and any and all right to collect or impose tolls or charges for any part of said shiJH)hannel or Buffalo Bayou ; " and the House agree to the same. 

Amendment numbered 80: That the Senate recede from its amendment num- bered 80, with an amendment as follows: Insertaftertheword" improvement," 

before the word "thirty-five," the words "and survey;" and the House agree to the same. Amendment numbered 83: That the Senate recede from its amendment num- bered83, with an amendment as follows: Strike out ·• dredge" and-in lieu thereof 

insert" snag;" and the House a-gree to the same . .Amendment numbered 85: That the Senate recede from its amendment num- bered 85, and agree to the same with an amendment, as follows: Strike out " preventing erosion" and insert in lieu thereof " the protection; " and the House agree to the same. That the House recede from its disagreement to the amendments of the Senate 

numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 2~, 25, 26, 29, 30, 

~~~~~~~~~~~~~~~~-~~~~~~~~~~~ 66, 67, 68, 69, 70, 73, 74, 75, 76, 77, 78, 81, 86, 87, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 

101, 102, 103, 1()1, 1074-, 108, 109, 110, ill, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 

124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 

143, 144, 145, 146, and agree to the same. .Amendment numbered 27: That the House recede from its disagreement to the amendment of the Senate numbered 27, and agree to the same with an amendment as follows: Insert after "Wiscomsin " the words " continuing improvement ; " and the Senate agree to the same. .Amendment numbered 4.6: That the House recede from it.s disagreement to the amendment of the Senate numbered 46, and agree to the same with an amendment as follows: Strike out the words " and fifty ; " and the Senate agree to the same. Amendment numbered 92: That the House recede from its disagreement to the amendment of the Senate numbered 92, and agree to the same with an amendment as follows: " Strike out" and fifty; " and the Senate agree to the same. 

Amendment numbered 105: That the House recede from its disagreement t.o the amendment of the Senate numbered 105, and agree to the same with an amendment as follows: Strike out the word "two," after" million," a nd insert 

"three; " and the Senate agree to the same. .Amendment numbered 106: That the House recede from its disagreement to the amendment of the Senate numbered 106, and agree to the same witlt an amendment as follows: Strike out all the last proviso and insert in lieu thereof as follows: "Provided.further, That in view of the threatened injury to the harbor of Memphis and the Government property at that place, and the necessity 

of immediate protection thereof, the sum of $200,000, or so much thereof as may be necessary, shall be immediately applied to protect said harbor and property, out of the foregoing appropriation;" and the Senate agree to the same. .Amendment numbered l12: That the House r ecede from its disagreement to the amendment of the Senate numbered l12, and agree to the same with <~on 

amendment as follows: Insert in lieu of part stricken out: "That out of the money herein a ppropriated for the Kentucky River the sum of $2,000, or so much 

thereof as may be necessary, may be expended for the purchase of land for the 

construction of lock and dam at Beattyville; and so much thereof as may be nec-- essary may also be expended for the same purpose at lock No.6 ; " and the Sen- ate agree to the same. And provided f u rther, That the sum of $6,000 authorized by the aet approved June 14, 1880, to be expended for the removal of dams in Yadkin River, North 

Carolina, may be usetl by the Secretary of War for acquiring the right of way by removal or otherwise of such dams as may be necessary for the contemplated 

improvement, the said right of way or removal to be obtained by ugreer:neut 

with the parties interested, or in event of failure to make a reasonable agree- ment by condemnation as provided. for by the laws of the State of North Carolina. 

Amendment numbered ll5: That the House recede from its disagreement to the amendment of the Senate numbered ll5, and agree to the same with an amendment as follows: Insert in lieu of pa rt stricken out : ''That it shall be the 

duty of the· Secretary ofW:u- to prescribe such rules and regulations in respect to the use and administration of the Des Moines Rapids Canal, the Saint Mary's Falls Canal, and the Loui ville and Portland Canal as in his judgment the pub- lic interest ma y require, which rules a nd regulations sha ll be posted in some conspicuous place for the information of the public. Any person knowingly 

and willfully viola.ting such rules and regulations shall be liable to tine not ex-
-

" 

I' 

• 

6000 CONGRESSIONAL RECORD- HOUSE. 

ceeding $500, or imprisonment not exceeding six months, to be enforced in any dil!trict court of the United States within whose territorial jurisdiction such .offense may have been coiilli:aitted;" and the Senate agree t-o the same. ALBERT S. WILLIS, N. C. BLANCHARD, THOS. J. HEN·DERSON, 

Managers of conference an the part of tlw I;lO'USe. 

S. J. R. McMILLAN, 

0. D. CONGER, 

M. W. RANSOM, 

Managers of conferen.ce on the part of tlw Senate. 

The SPEAKER. The statement in writing accompanying thereport will now be read: 

The Clerk read as follows: 

The managers on the part of the House of the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7012) 

.making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes, submit the follow- ing written statement in explanation of the action recommended in the accom- panying conference report: · The bill sa it passed the House appropriated 12,086,200 ; as amended and r&- ported back from the Senate it amounts to $13,584,700. The net amount added in the conference is $315,000. The bill as agreed upon in conference and now reported to the Hnus e for its .act.ion amounts to 13,899,700, an increase over the bill as it passed tile House of $ 1,813,500. 

The Senate bad incorporated a clause with reference to Memphis, which ap- propriated on&-fifth of the whole amount set apart for the lower Mississippi. The Senate receded from this am endment by reducingtheamountt"rom ~.000 

to 100,000 and adding an additional $100,000, making the total for Memphis 

.$200,000. It wa.s stated t hat the custom-house was in danger, and this fact was con idered in arriving at a conclusion. The Sena te increased t.he appropriation for the Potomac River $250,000. The House conferees finally agreed to this. The remaining important amendments of the Senate were for Gedney's channel, at New York, 200,000; mouth of the Columbia River, $100,000; Hell Gate, $60,000; Black Warrior River, Alabama, 

.$50,000 ; Bra zos Santiago, Tex., $25,000; Savannah, $50,000; Norfolk Harbor, $50,- ()00; Bulf&lo, N. Y., $25,000; Baltimore, $50,000; Cape Fear River, North Caro- lina, 512'1,000; Santee River, South Carolina, 15,000; Detroit River, $100,000. The· HoWle h&d a ppropriated for most o! the above-named localities, and the sums here n&med are in addition. The H o use appropriations stricken out by the Senate were all restored, 

.amounting in the aggregate to $365,500. · The general legislation contained in the bill was changed in a few particu- larl'l. ::I'he Mieeouri River Commiseion was increased from three to five members. The plan for obtaining twenty-two feet at mean low tide on the James River was adopte d as the House bad agreed upon. The amendment of the Senate in regard to protection of navigation by booms, . dikes, and other guarding structures was accepted by the Hou.c~e conferees. 

ALBERT S. WILLIS, N.C. BLANCHARD, THOS. J. HENDERSO~ 

.Ma.nagers an the pa.rt of the .l10'U8e. 

The SPEAKER. The question is upon agreeing to the report of the 

rommittee of conference. 

Mr. WILLIS. On that I demand the previous question. 

The previous question was ordered; and under the operation thereof 

the report was agreed to. 

Mr. WILLIS move« to reconsider the vote by which the report was 

.agreed to; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, announced 

that the Senate had passed 'without amendment House bills of the following titles: 

A bill (H. R. 103) granting a pension to Theresa Crosby Watson; 

A bill ~H. R. 137) for the relief of Becky A. Mower; 

A bill H. R. 254) granting a pension to John Robbins; 

A bill H . R. 282) to reinstate Cornelius Fitzgerald on the pensionroll· A bill (H. R. 284) for the relief of Mary G. Hawk · 

A bill (H. R. 555) granting a pension to John Galloup; 

A bill (H. R. 819) granting an increase of pension to Merritt Lewis; 

A bill (H . R. 836) granting a pension to John C. Fenscke; 

A bill (H. R. 837) granting a pension to Reuben J. Chewning; 

A bill (H. R. 943) granting a pension to Samuel Barnard; 

A bill {H. R. 1056) granting a pension to Honora Kelley; 

A bill H. R. 1073l granting a pension to William J. Lee ; 

A bill H. R. 1077 granting a pension to Sarah Miner; 

A bill H. R. 1406 granting a pension to Mrs. MaryT. Barnes; 

A bill (H. R. 1410) granting a pension to Henry Schnetberg, of Indiana, Pa. ; 

A bill (H. R. 1436) granting a pension to William T. M:cCoy; 

A bill (H. R. 1569) granting a pension to Mrs. Mary M. Ord, widow 

of 1\Iaj. Gen. E . 0. C. Ord; 

A bill (H . R. 1 94) granting a pension to Clark Roberts; 

A bill (H. R. 1965) granting a pension to John A. Crozier; 

A bill (H. R. 2089) granting a pension to Margaret Wiggins; 

A bill {H. R. 2091) granting a pension to Mrs. Rebecca Hall; 

A bill (H. R. 2105) granting a pension to John A. Shockers; 

A bill (H. R. 2312) granting a pension to Almira R. Kaler; 

A bill (H. R. 2358) granting a. pension to James Hawkins; 

A bill (H. R. 2623) granting a pension to Arthur J. McConnell; 

A bill (H. R. 2702) granting a pension to Mrs. Ellida J. Middleton, 

widow of the late Rear-Admiral Edward Middleton, United States 

Navy; 

A bill (H. R. 3171l granting a pension to Ella Stolz; 

A bill !H. R. 3591 for the relief of Sarah A. Becktel ; 

A bill H. R. 3606 granting a pension to Irene Baker; 

A bill H . R. 3625) granting an increase of pension to Levi Anderson ; 

A bill H. R. 3737) granting a pension to Ann McLaughlin; 

A bill (H. R. 3909) granting a pension to George W. Wickwire; 

A bill {H. R. 4368) granting an increase of pension to Dr. Samuel 

Davis; 

A bill H. R. 4439) granting a pension to John R. Walla.ce; 

A bill H . R. 4457) granfu?g a pension to J. G. Crawford ; 

A bill H. R. 4526) granting a pension to Mrs. Ann Corbin; 

A bill H. R. 4530) granting an increase of pension to Patrick Foley; 

A bill H. R. 456 ) granting a pension to Andrew J. Konkle; 

A bill H. R. 4700) granting a pension to Simon E. Lewis; 

A bill H. R. 4767) granting a pension to Mary A. Henry; 

A bill H. R. 4970) for the relief of Mrs. Nancy Biser; 

A bill (H. R. 5335) granting a pension to Mrs. Sarah E. E. Seelye, 

alias Franklin Thompson; 

A bill (H. R. 5485j grantinga pension to Mrs. Samantha Harriman; 

A bill (H. R. 5636 for the relief of Otto Leissring; 

A bill H. R. 5675 granting a pension to 1\Irs. Susan J. McKenney~ 

A bill H. R. 5723 granting a pension ta Isabella Bertha Weaver; 

A bill H. R. 57 1) granting a pension to Solon L. Simonds; 

A bill H. R. 5795) increasing the pension of Charles A. F1iller; 

A bill H. R. 58'21) granting a pension to Mrs. Susannah Barr; 

A bill H. R. 5976) for the relief of Catherine M:eis; 

A bill {H. R. 6085) granting a pension to John A. Hassell; 

A bill (H . R. 6168) granting an increase of pension to Captain H. D. 

F. Young. 

A bill (H. R. 6184) granting a pension to Jnlia l\1. Reynolds; and 

A bill (H. R. 6786) granting a pension to Rivers Banks. 

The message also announced that the Senate had passed bills of the 

following titles; in which the concurrence of the Honse was requested. 

A bill (S. 1111) granting an increased pension to Sally Rodman, 

widow of General Isaac P. Rodman; 

A bill (S. 1112) granting a pension to John Sweeney; 

A bill (S. 1287) for the relief of Juliet H. Palmer; 

A bill ( S. 1446) granting an increase of pension to Mrs. Lou Go bright 

McFalls; . A bill (S. 1823) granting a pension to Ebenezer K. l\1arden; and 

A bill (S. 2350) granting a pension to Anna Ginn. 

PENSIO~S FOR MEXICAN WAR, ETC. 

Mr. TOWNSHEND. I now call for the regular order. 

The SPEAKER. The regular order is the demand of the gentleman 

from lllinois [Mr. TOWNSHEND] for the previous question upon bis 

motion to concur in the amendment of the Senate numbered 6, to the 

bill {H. R. 5667) granting pensions to the soldiers and sailors of the 

l\Iexican war, and for other purposes. Upon this question the yeas 

and nays have been ordered. When the question was last taken no 

quorum voted. The Clerk will again call the roll. 

The question was taken; and there were-yeas 135, nays 9, not voting 180; as follows: 

Adams, G . E . Alexander, 

Atkinson, Beach, 

Blanchard, 

Boyle, 

Brainerd, 

Browne, •.r. M. Budd, 

Burne , Calkins, Campbell, J. E. · Carleton, 

Cassidy, 

Chalmers, 

Clay, Co grove. Cox, W.R. Culbertson,W. W. Cullen, 

Curtin, Cutcheon. Davis, G. R. Davis, R. T . Dingley, Eldredge, Engli h , Ermentrout, 

Evan, I.N. Everhart, 

Finerty, 

FolletL, Foran, 

Funston, 

Brewer, F. B. Garrison, 

Hardy, 

YEA.S-135. 

Geddes, George, 

Glascock, 

Goff, 

Greenleaf, 

Halsell, 

Harmer, 

Hart, 

Hatch, H. H. Hatch, W. H. Henderson, D. B. Hitt 

Hoblitzell, 

Holmes, 

Houseman, 

Hunt, Jam es, Jeffords, 

Johnson, Jones,B.W. Jordan, Ka son, Kean, 

Keifer, 

Ketcham, Kleiner, L acey, 

Laird, 

Lamb, 

Lawrence, 

L e Fevre, 

Libbey, Long , Lovering, 

Lowry, 

McCoid, 

McComas, 

Matson, 

Morgan, :Morrill, 

Murray, 

Neece, 

Nelson, O'Hara, O'Neill, Charles O'Neill, J.J. Parker. 

Payne, Payson, 

Perkins, P eters, Price, 

Pusey, Randall, 

Rankin, 

Ranney, 

Riggs, Robinson, J. S. Rockwell, Rowell, 

Seney, 

Seymour, 

Skinner, C. R. 

Smalls, 

Smith, Spooner, 

Springer, Steele, 

NAYS-9. 

Lyman, 

Pryor, 

Thompson, 

Turner, H. G. 

-

Stone, 

Storm, 

Strait, Struble, 

Sumner, 0. A. 

Sumner, D. H. Taylor, J.D. Thomas, Town hend, Valentine, 

Van .Alstyne, 

Vance, 

Wait, 

Wakefield, Wallace, 

Ward, Warner, A..J. 

Washburn, 

Weaver, 

Weller, 

White, J.D. White, 1\iilo 

Whiting, 

Wilkins, 

Wilson, James Wilson, W. L. Winan , E. B. 

Winans, John Wolford, 

Wood, 

Yaple, York, Young. 

Turner, Oscar Warner, Richard. 
1884. CONGRESSIONAL RECORD- HOUSE. 6001 

Adams, J.J. Aiken, Anderson, 

Arnot, 

Bagley, 

Ballentine, 

Barbour, 

Barksdale, 

Barr, 

Bayne, 

Belford, 

Belmont, 

Bennett, 

Bingham, 

Bisbee, 

Blackburn, 

Bland, 

Blount, 

Boutelle, 

Bowen, 

Breckinridge, 

Brei tung, 

Brewer, J. H. Broadhead, 

Brown, ,V.W. 

Brumm, 

Buchanan, Buckner, 

Burleigh, 

Cabell, 

Caldwell, 

Campbell, Felix 

Campbell, J. M. Candler, 

Cannon, 

Chace, 

Clardy, Clements, 

Cobb, Collins, Connolly, 

Converse, 

Cook, 

Covington, 

Cox, S.S. 

NOT VOTING-180. 

Crisp, Culberson, D. B. 

Dargan, Davidson.._. 

Davis, L . .1:1. 

Deuster, Dibble, 

Dibrell, Dockery, 

Dorsheimer, 

Dowd, Duncan, 

Dunham, 

Dunn, Eaton, 

Elliott, 

Ellis, 

Ellwood, 

Evins,J.H. 

Ferrell, 

Fiedler, 

Findlay, Forney, 

Fyan, Gibson, 

Grave, 

Green, 

Guenther, 

Hammond, 

Hanback, 

Hancock, 

Hardeman, 

Haynes1 Hemphill, 

Henderson, T. J. Henley, 

Hepburn, 

Herbert, 

Hewitt, A. S. 

Hewitt, G. W. Hill 

His~ock, 

Holma.n, 

Holton, 

Hooper, 

Hopkins, 

Horr, 

Houk, 

Howey, Hurd, 

Hutchin, 

Jones, J.H. Jones,J. K. Jones, J.T. Kelley, 

Kellogg, King, 

Lanham, Lewis, Lore, 

McAdoo, 

McCormick, 

McMillin, 

Maybury, 

1\lillard, Miller, J. F. 1\Iiller, S. H. Milliken, Mills, 

Mitchell, 

Money, 

Morrison, Morse, 

Moulton, 

Muldrow, 

Muller, 

Murphy, 

Mutchler, 

Nicholls, 

Nutting, Oates, 

Ocbiltree, 

O'Ferrall, Paige, 

Patton, 

Peel1 Petttbone, 

Phelps, 

Pierce, 

Poland, 

Pot, 

Potter, 

Ray,G.W. 

R.'\y,O ian 

Reagan, 

Reed, 

Ree e, Rice, 

Robertson, 

Robinson, W.E. Rogers, J. H. Rogers,W.F. 

Ro ecrans, Russell, 

Ryan, 

Scale , Shaw, Shelley, 

Singleton, Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Stephenson, 

Stevens, 

Stewart, Charles 

Stewart, J. W. Stockslager, 

Talbott, 

Taylor, E. B. Tay,lor, J. l\1. 

Throckmorton, 

Tillman, Tucker 

Tully, ' VanEaton, 

Wadsworth, 

Wellborn, 

Wemple, 

Williams, 

Willis, 

Wise, G. D. Wise,J.S. 

Woodward, 

Worthington. 

Mr. MATSON. My colleague, Judge HoLMAN, requ~ted me to state 

that he is detained in a conference committee, as are also the gentleman 

from Texas, Mr. HANCOCK, and the gentleman from illinois, Mr. CAl.~-

NON. , The SPEAKER. That has been already stated. 

Mr. HANBACK. I am paired with the gentleman from West Virginia [Mr. SNYDER], but voted to make a quorum. I withdraw my 

vote. 

The following additional pairs were announced: 

Mr. LA WR~CE with Mr. ERMENTROUT1 on all political questions, 

tmtil further notice. 

.Mr. OCHILTREEwithMr. GREEN, on all political questions, for to-day. 

l\fr. POLAND with Mr. TUCKER, on this vote. 

Mr. DORSHEIMER with 1\Ir. MILLARD, on all political questions for 

the remainder of this se ion. 

Mr. HARDEM..A...~with 1\fr. McCORMICK, on all political que tions,until 

further notice. · The SPEAKER. On this question the yeas are 135, the nays 9. 

No quorum has voted. 

1\ir. TOWNSHEND. I move a call of the House. 

Mr. HEWI'IT, of Alabama. I move that the House adjourn. 

Mr. KASSON. May I ask the gentleman from Alabama to withdraw his motion for a moment? 

Mr. TOWNSHEND. We will vote it down. 

Mr. KASSON. I wish to make a proposition, which I think may be 

agreed to on both sides. :There are three points touching the pension 

laws, which, with the exception of one, have been agreed to by the com- mittees of this House and by the House, and two have been agreed to 

bv the Senate-

·Mr. TOWNSHEND. I callfortheregularorder. Letusvotedown 

the motion ofthe gentleman from Alabama and go on with the bill. 

]\fr. KASSON. I hope the gentleman will hear iny proposition. It 

is made in good faith, and I think will be accepted. 

Several MEMBER . Regular order ! 

The SPEAKER. The regular order is insisted upon. The question 

is on the motion of the gentleman from Alabama that the House adjourn. [The question having been pnt.] The noes seem to have it. 

Mr. HEWITT, of Alabama. I call for the yeas and nays. 

The yeas and nays were ordered; there being 31 in the affirmative- more than one-fifth of the last vote. 

The question was taken; and there were-yeas 36, nays 138, not 

voting 150; as follows: · 

.A.dams,J.J. 

Alexander, 

Barksdale, 

Bennett, 

Breckinridge, 

Brewer, F. B. Cabell, 

Clay, 

Cox,W.R. 

Dibrell, 

Forney, 

Halsell, Hatch, H. H. Hewitt, G. W. Hoblitzell, 

Jones,J.H. 

Jones,J.K. 

Lanham, 

XV-376 

YE.A.S-36. 

Lore, 

1\'IcMillin, 

Miller, J. F. Mitchell, 

Murphy, 

Oates, 

Pierce, 

Pryor, Rankin, 

R.obinson, W. E. Scales, 

Stewart, Charles 

Taylor, J.l\1. 

Thomp on, Turner, H. G. 

Turner, Oscar 

Warner, Richard 

Williams. 

Adams, G. E. Atkinson, Bagley, Bayne, 

Beach, Blanchard, Boyle, Brainerd , Browne, T. l\1. 

Budd, Burnes, Calkins, 

Campbell, J . E. Carleton, 

Chalmers, 

Connolly, 

Co grove, Culbertson, W. ·w. 

Cullen, 

Cutcheon, 

Davis,G.R. Davis, R.T. Dingley, Dowd, Duncan, Eaton, 

Eldredge, 

English, 

Ermentrout, 

Evan ,I.N. 

Everhart 

Ferrell, 

Fi_nerty, 

Follett, Foran, 

NAY8-138. 

Funston, 

Geddes, 

George, 

Glascock, 

Goff, 

Greenleaf, 

Hardy, Hart, 

Hatch,W.H. 

Henderson, D. B. Henley, 

Hitt, 

Holmes, Hopkins, 

Houseman, 

James, 

Jeffords, 

John on, Jones,B.W. Jordan, 

Kasson, 

Kean, 

Keifer, 

Kleiner, Lacey, 

Laird, 

Lamb, Lawrence, 

LeFevre, 

Libbey, 

Long, 

Lovering, 

Lowry, Lyman, 1\fcCoid, 

McComas, Matson, 

Maybury, 

Milliken. 

1\!organ, Morrill, 

Murray, 

Neece, Nelson, O'Neill, Charles 

O'Neill,J.J. Parker, Payne, Perkins, 

Peters, 

Phelps, 

Poland, 

Post, 

Potter, 

Price, Randall, Ranney, 

Ray, Ossian 

Riggs, 

Rouinson, J. S. 

Rockwell, 

R.osecrans, 

R.owell, Seney, 

Seymour, 

Skinner, C. R. Small , Smith, 

Spooner, Steele, 

NOT VOTING-150. 

Aiken, Cri p, Holton, 

Anderson, Culberson, D. B. Hooper, 

Arnot, Curtin, Horr, 

Ballentine, Dar~an , Honk, 

Barbour, DaVldson, Howey, Barr, Davis, L. H. Hunt, 

Belford, Deuster, Hurd, Belmont, Dibble, Hutchins, 

Bingham, Docke ry, Jones,J. T. Bisbee, Dor heimer, Kelley, Blackburn, Dunham, Kellogg, Bland, Dunn, Ketcham, Blount, Elliott, King, 

Boutelle, Elli , Lewis, 

Bowen, Ellwood, l'ticAdoo, Brei tung, Evins, J. H. McCormick, Brewer, .r. H. Fiedler, Millard, Broadhead, Findlay, Miller, S. H. Brown, W. W. Fyan, l'tlills 

Brumm, Garrison, Mon~y, Buchanan, Gib on, Morrison, 

Buckner, Graves. 1\Iorse, 

Burleigh., Green, Moulton, 

Caldwell, Guenther, Muldrow, 

Campbell, Felix Hammond, Muller. 

Campbell, J.l\1. Hanback, Mutchler, 

Candler, Hancock, Nicholls, 

Cannon, H ardeman, Nutting, 

Cassidy, Harmer, Ochiltree. 

Chace, Haynes. O'Ferrall, Clardy, Hemphill, O'Hara 

Clements, Henderson, T. J. Paige, ' Cobb, Hepburn, Patton, 

C.ollins, Herbert, Payson, Converse, Hewitt, A. S. Peel, C.ook Hill Pettibone, C.ovirlgton, Hi ~ck, Pusey 

Cox,S.S. Holman, Ray,G.W. 

So the House refused to adjourn. 

Stephenson, 

Stone, 

Storm, 

Strait, 

Struble, 

Sumner, C. A. 

Sumner, D. H. Taylor, J.D. Thomas, Townshend, 

Valentine, 

Van Alstyne, Vance, Wait, 

Wakefield, 

Wallace, Ward, 

'Varner, A. J. Washburn, 

Weaver, Weller, 

White, J.D. White, Milo 

Whiting, 

Wilkins, 

Wilson, James Wilson, W. L. Winans,E.B . • Winans, John 

Wolford, 

Wood, 

Yaple, York. 

Reagan, 

Reed, 

Reese, Rice, Robert on, Rogers, J. H. Rogers,W.F. 

Russell, Ryan, Shaw, Shelley, 

Singleton, 

Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Springer, Stevens, Stewart, J. W. Stockslager, 

Talbott 

Taylor, E. B. Throckmorton, 

Tillman, 

Tucker, 

Tully, 

VanEaton, 

Wadsworth, 

Wellborn, 

Wemple, 

Willis, 

Wise, G. D. Wise,J.S. 

Woodward, 

Worthington, 

Young. 

During the roll-call Mr. TuLLY was announced as paired with Mr. 

HART. 

l\Ir. BEACH moved that the reading of the names be dispensed with. Mr. HEWITT, of Alabama, objected. 

The vote was then announced as above recorded. 

INTERNAL-REVENUE PROSECUTIO:YS. 

1\1r. McMILLIN submitted the following privileged report. 

The Clerk read as follows: 

The committee of conference on the disa~reeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 6370) to limit the time within 

which prosecutions may be instituted against persons charged with violating 

internal-revenue laws, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its di agreement to the amendments of the Senate 

numbered 1, 3, 4, and 5, and agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 2, and agree to the same amended to read as follows: In line 5, strike 

out" two" and insert" three," and at the end of said line 5 add" in all cases where the penalty prescribed may be imprisonment in the penitentiary, and 

within two years in all other cases." 

That the House recede from its disagreement to the amendment of the Senate 

numbered 6, and agree to the same with an additional proviso at the end of said 

amendment as follows: " And provided further, That this act shall not apply to offenses committed by officers of the United States;" and the Senate agree to the same. BENTON 1\IcMILLIN, 

Wl\I. C. OATES, 

SERENO E. PAY~TE, 

Managers on the part of the House. 

JOHN A. LOGAN, 

JOHN SHERMAN, 

ISHAM G. HARRIS, 

Managers on the part of the Senate. 
~ 

6002 CONGRESSIONAL RECORD-HOUSE. JULY 3, 

The statement accompanying the report was read, as follows: 

Statement to ftCOOmpany the report of conferees on H. R. 6370. 

The maRagers on the part of the House of the conference on the disagreeing votes of the two Houses to the amendmentsoftlieSenatetoH. R. 6370" to limit 

the time within which prosecutions may be instituted against persons charged 

with violating internal-revenue laws," submit the following written statement in explanation of the effect of the action recommended in the accompanying 

conference report: Amendments 1, 3, 4, and 5 are merely verbal, and do not change the nature of 

the bill. 

Amendment No. 2,as agreed upon in conference, changes the bill as passed 

by the House so that the statute is not changed as against officers of the Gov- ernment. If the bill passes as agreed upon by the conferees it will reduce the 

time within which offenders may be prosecuted for violating internal-revenue 

laws from five years to three years where the penalty is imprisonment in the 

penitentiary, and two years in all other cases instead of five, as is now law. 

The effect of the sixth amendment will be to compute the time of the run- ning of the statute of limitations from the commission of the offense to the institution of proceedings before a commissioner or grand jury. WM. C. OATES. 

BENTON 1\Icl\IILLIN. 

SERENO E. PAYNE. 

Mr. McMILLIN. I move the adoption of the report. 

The motion was agreed to. 

Mr. McMILLIN moved to reconsider the vote by which the report was 

adopted; and also moved that the motion to reconsider be laid on the 

tab . The latter motion was agreed to. 

AMENDMENT OF ARTICLES OF WAR. 

:Mr. ROSECRANS submitted the following privileged report. 

The Clerk read as follows : 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill H. R. 5709, an act to amend article 72 

of the Rules and Articles of War, having met, after full and free conference have 

agreed to recommend and do recommend to their respective Houses as follows : That the House recede from its disagreement to the amendments of the Sen- ate numbered 1, as follows: 

In line 3, after the word "o.rmy," insert the words "a territorial division or a department." 

Also,inNol2,inline5,strikeout "court-martial" andinsertthewords "courtsmartial," ann agree to the same. W. S. ROSECRANS, R. M. MURRAY, T. LYMAN, 

Managers on the part of the HO'USe. 

JOHN A. LOG~ 

JOS. R. HAWLEY, 

S. B. MAXEY, 

Managers on the part of theSeniJle. · 

The report was adopted. 

Mr. ROSECRANS moved to reconsider the vote by which the report 

was agreed to; and also moved that the motion to reconsider be laidon 

the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

1t1r. TOWNSHEND. Regular order. 

Mr. McMILLIN. Mr. Speaker, I have a report to make from the 

Committee on Claims, which I think ought to be printed for the information of the House, ~nd I hope the gentleman from Illinois will 

withdraw the demand for a few moments. 

Mr. TOWNSHEND. If it leads to no debate, I have no objection. 

[Cries of" Regular order!"] 

Mr. McMtLLIN. It is a report to which I think there will be no 

objection. It is simply a statement of the claims that have been referred under the Bowman act by the Committee on Claims to the Court 

of Claims, and all are interested in knowing what they are. Ifthere 

be no objection I will make the report now. 

Several l!iEJ.uBERS. Regular order ! 

The SPEAKER. Objection is made. 

OREGON AND CALIFORNIA RAILROAD COMPANY. 

Mr. OATES. llfr. Speaker, I o.sk leave at this time to submit the 

views of the minority of the Committee on the Public Lands with ref- erence to the bill (H. R. 7495) to declare forfeited certain lands granted 

to aid in the construction of a railroad from Portland, in Oregon, to the 

Central Pacific Railroad in California. 

Sever l MEMBERS. Regular order ! 

The SPEAKER. This is a privileged report. 

Mr. OATES. I ask leave now to file the views of the minority of the 

committee. 

The SPEAKER. The Chair thought leave had already been given 

and therefore stated that it was a privileged report. Is there objection 

to the request of the gentleman from Alabama? 

There was no objection. 

Mr. OATES. I ask that tbe views be printed to accompany the re- port of the committee. 

The SPEAKER. The report of the committee has been already 

printed. 

Mr. OATES. Yes, sir; but I ask that this be printed with the preceding report and to accompany it. 

There being no objection it was ordered accordingly. 

ORDRR OF BUSINESS. 

Mr. HEWITT, of Alabama. I wish to submit a proposition: I propose, Mr. Speaker, thitwe go into Committee of the Whole on the Private Calendar for the purpose of considering Senate pension bills. 

Mr. TOWNSHEND. I can not consent to set aside this pending bill 

for that purpose. [Cries of" Regular order!"] It is a bill thatought 

to be passed. 

Mr. HEWITT, of Alabama. There are about twelve or fifteen of 

these bills. 

The SPEAKER. The regular order is demanded, and the gentleman 

from Alabama is not in order. 

Mr. HEWITT, of Alabama. I am sorry the gentleman from Illinois 

has objected. 

The SPEAKER. V arions gentlemen on the other side have o'Qjected. 

Mr. HEWITT, of Alabama. I am sorry the other side have objected. 

This is a--

The SPEAKER. Debate is not in order. 

Mr. STORM. Mr. Speaker, I move that the House do now take a 

recess until 9 o'clock. I am informed that the conferees on the legislative appropriation bill desire the House to meet at that time for the 

purpose of agreeing upon their report. [Cries of "Regular order!"] 

The SPEAKER. Thic; is a privileged motion. 

The House divided; and there were-ayes 95, noes 40. 

Mr. MORRILL. No quorum. 

The SPEAKER. The point of order being made that no quorum has 

voted, the Chair will appoint tellers. 

Mr. TOWNSHEND and Mr. STORM were appointed tellers. 

Mr. PERKINS. Would a parliamentary inquiry be now in order? 

The SPEAKER. The Chair will hear the gentleman. 

Mr. PERKINS. Would it be competent to move to take a recess until 8 o'clock to consider private pension bills? 

The SPEAKER. It would not w bile the House is dividing. Of course 

if the motion to take a recess until 9 o'clock is not agreed to any other 

motion to take a recess to another hour would be in order. 

The House again divided; and the tellers reported-ayes 125, noes 41. 

So the motion was agreed to; and accordingly (at 4 o'clock and 4.2 

minutes p.m.) the House took a recess until 9 o'clock p. m. 

EVENING SESSION. 

The recess having expired, theHouse (at 9 o'clockp. m.) resu.medi~ 

session. 

Mr. CALKINS. I desire unanimous consent to pass a little bill-a 

pension bill-for an old comrade of mine. 

Mr. TOWNSHEND. Regular order ! 

MESSAGE FROM THE SENATE. 

A message from the Senate by Mr. McCooK, its Secretary, announced 

that the Senate had passed without amendment bills and joint resolutions of the following titles, namely: 

A bill (H. R. 2487) for the relief of Bvt. Maj. Gen. William W. 

Averell, United States Army; 

A bill ~H. R. 562) granting a pension to H. C. Van Frees; 

A bill H. R. 569) granting a pension to Reuben Marshall; 

A bill H. R. 570) granting a pension to :M. H. Clements; 

A bill H. R. 709) granting a pension to Robert L. Willey; 

A bill H. R. 747) granting increase of pension to Fannie S. Beaumont; 

A bill {H. R. 1930) granting a pension to Sarah Nicoll Crane; 

A bill (H. R. 2869) for increase of pension . of Martha T. Stribling; 

widow of Cornelius K. Stribling, late a rear-admiral in the United 

States Navy; 

A bill (H. R. 2984) granting pension to Apolline A. Blair, widow of 

the late General Francis P. Blair, and for other purposes; 

A bill (H. R. 6766) granting a pension to Mrs. Anna J. Foster; and 

A bill (H. R. 6767) granting increase of pension to Mrs. Virginia 

Zeilin. 

Joint resolution (H. Res. 260) authorizing the printing and binding • 

of additional copies of the reports of the National Board of Health; and 

Joint resolution (H. Res. 276) providing for the printing of 50,000 

copies of the first annual report of the Bureau of Animal Industry. 

The message further announced that the Senate had passed bills of 

the following titles, in which the concurrence of the House of Representatives was requested, namely: 

A bill (S. 468) granting an increase of pension to Mrs. Mary K. S. 

Eaton; 

A bill (S. 526) granting a pension of 50 per month, to be paid out 

of t.he naval pension fund, to Julia T. Scott, widow of Gustavus H. 

Scott, late a rear-admiral in the United States Navy, and for forty-six 

years in the naval service; 

A bill (S. 750) granting a pension to Catharine Schools; 

A bill (S. 964) granting an increa.Se of pension to Abby P. Arnold; 

A bill ~S. 929) granting a pension to Caroline Treckell; 

A bill S. 986) granting a pension to Laura Prine; 

A bill S. 1144) granting a pension to John W. Wright; · 

A bill S. 1228) granting an increase of pension to Mrs. Maria Louisa 

Griffin; . A bill (S. 1286) for the relief of Henrietta N. Sands; 
,, 

I 

1884. CONGRESSIONAL RECORD-HOUSE. 6003 

A bill (S. 1337) granting an increase of pension to Louisa Le G. 

Jeffers; and 

A bill (S. 1885) to increase the pension of Henrietta A. Lewis, widow 

of Capt. Robert F. R. Lewis, United States Navy. 

The message also announced that the Senate had passed a resolution, 

in which the concurrence of theHouseof Representatives was requested, 

providing for the printing of 2, 000 copies of Executive Document 290: 

first session Forty-third Congress, relative to the irrigation of the San 

Joaqui_n and other valleys in California; and also a resolution providing for the printing of the report of the Senate Committee on Educartion and Labor on the relations between labor and capital, with the 

accompanying testimony. 

MEXICAN WAR PENSIONS. 

The SPEAKER. The House as the regular order resumes the con- sideration of the bill (H. R. 5667) granting pensions to the soldiers and 

sailors of the Mexican war, and for other purposes, with amendments 

by the Senate. The pending question is the demand for the previous 

question on the motion of the gentleman from illinois [Mr. ToWNSHEND] to concur in Senate amendment numbered 6. 

Mr. HEWITT, of Alabama. I desire to make a proposition. I propose that we go into Committee of the Whole House on the Private Calendar so that we may take up Senate pension bills that have been re- ported by the House committee and are now on the Calendar with a favorable report from the House committee. There are twelve or fifteen of thos8 bills to pension soldiers who were disabled in the service. 

It seems to me as they have passed the Senate we ought to dispose of 

them to-night, especially as this evening has been heretofore set apart 

for pension bills on the Private Calendar. 

Mr. TOWNSHEND. In answer to the gentleman from Alabama, I 

will say it has been my earnest desire to pension the Mexican soldiers. I introduced a bill for that purpose, which passed the House and went . to the Senate. That bill has been amended in a way, in some respects, 

that does not meet my approbation, especially as regards those amendments which relate to the Mexican soldiers. But I am satisfied there 

is no other way by which we can secure the passage of a bill that will 

benefit those veterans. Therefore I have insisted on proceeding with 

that bill. 

I have made heretofore a reasonable proposition to the gentleman 

from Alabama, that all the amendments to the bill be non-concurred 

in and that they be sent to a conference committee, where the bill may 

meet with final action. That proposition has been declined, and the 

gentleman has persisted in opposing the passage of the bill by obstructive measures. There remains for me, therefore, only one thing to do, 

and that is to insist that there shall be a-ction on this bill. I simply 

desire the majority of this House shall pass its judgment on the bill 

and its amendments. Certainly that is reasonable and fair. 

Mr. HEWITT, of Alabama. I submit to every reasonable thinking man on this floor--

Mr. BLOUNT. I call for the regular order. 

Mr. CALKINS. I desire to say just a word. The gentleman from 

illinois [Mr. TOWNSHEND] has made a gallant fight to pass this bill. 

I suggest that we now proceed to pass the bills that have com-e from 

the Senate, and not allow this bill to stand in the way of our doing 

justice to a large number of soldiers and their widows. 

Mr. TOWNSHEND. If this bill is displaced by the bill the gentle- man from Indiana speaks of we all know it will be the end ofit. 

Mr. CALKINS. Oh, no; let us pass these bills to-night, and we will take that bill up again to-morrow. . 

Mr. HEWITT, of Alabama. I desire to make one remark in reply 

to what the gentleman from illinois [Mr. TOWNSHEND] has said. 

Several members called for the regular order. 

The SPEAKER. The regular order is demanded. The question is on ordering the previous question on the motion to concur in the Senate 

amendment numbered 6. On this question the yeas and nays have 

been ordered. 

The question was taken; and there were-yeas 119, nays 12, not 

voting 193; as follows: 

YEAS-119. 

Adams, G. E. Evans,I.N. .Jones, B. W. Payne, Alex ander, Everhart, .Jordan, Payson, Bagley, ~errell, Kean, Peters, Bayne, Follett, KeifP.rJ Poland, Boyle, Foran, Kleiner, Post, 

Browne, T .1\-I. Funston, La{)ey, Price, 

Budd, Geddes, Lawrence, Pusey, Burnes, Glascock, LeFevre, Randall, Calkins, Goff, Libbey, Ray, Ossian 

Campbell,.J.E. Graves, Long, Riggs, Oarleton, Hardy, Lovering, Robinson, .J. S. 

Chalmers, Harmer, Lowry, Rockwell, Clay, Hart, McCoid, Rosecrans, Connolly, Hatch, H. H. McComas, Rowell, 

Cosgrove, Ha.tch,W.H. Maybury, Seney, Cullen, Henley, Mitchell, Seymour, Cutcheon. Hitt, Morgan, Skinner, C. R. Davis,G.R. Holman, Morrill, Smalls, Dingley, Hopkins, Murray, Spooner, Eldredge, Houseman, Mutchler, Springer, Ellwood, .James, Nelson, Steele, English, .Jeffords, O'Neill, Charles Stephenson, Ermentrout, Johnson, O'Neill, .J . .J. Stewart,J.W. 

• 

Storm, 

Strait, 

Struble, 

Sumner, C. A. ~umner, D. H. Taylor, J.D. Thomas, 

Cox, w. R. Dibble, 

Dowd, 

Townshend, 

Tucker, 

Valentine, 

Van Alstyne, 

Wallace, 

Ward, 

Wa.rner,A . .J. 

Garrison, Greenleaf, 

Lyman, 

Weller, 

White, .J.D. White, Milo 

"?llthlg, 

Wilson, .James Wilson, W.L. Winans, E. B. 

NAY8-12. 

Mills 

Pryo~, 

Turner, H. G. 

NOT VOTING-193. 

Adams, .J. J. Culberson, D. B. Hunt, 

~~~Son, ~=tson, W. W. ~~~ns. Arnot, Darga~, Jones,.J.H. 

Atkinson, Davidson, Jones,J.K. 

Ballentine, Davis, L. H. .Jones, J. T. Barbour, Davis, R. T. Kasson, 

Barksdale, Deuster, Kelley, Barr, Dibrell, Kellogg, 

Beach, Dockery, Ketcham, 

Belford, Dorsheimer, King, 

Belmont, Duncan, Laird 

Bennett, . Dunham, Lamb', 

Bingham, Dunn, Lanham, 

Bisbee, Eaton, Lewis, 

Blackburn, Elliott, Lore, 

Blanchard, Ellis, McAdoo, 

Bland, Evins, .J. H. McCormick, 

Blount, Fiedler, McMillin, 

Boutelle, Findlay, Matson, 

Bowen, Finerty, Millard, 

Brainerd, Forney, Miller, .J. F. Breckinxid~e, Fyan, Miller, S. H. Breitung, ~orge, Milliken, Brewer, F. B. Gibson, Money, 

Brewer, J. H. Green, Morrison, 

Broadhead, Guent.her, Morse, 

Brown, W. '\V. Halsell, Moulton, Brumm, Hammond, Muldrow, 

Buchanan, H anback, Muller, Buckner, Hancock, :1\Iurphy, 

Burleigh, Hardeman, Neece, 

Cabell, Haynes, Nicholls, 

Caldwell, Hemphill, Nutting, 

Campbell, Felix Henderson,D.B. Oates, 

Campbell, J. M. Henderson, T • .J. Ochiltree, 

Candler, Hepburn, O'Ferra.ll, -Cannon, Herbert, O'Hara, 

Cassidy, Hewitt, A. S. Paige, 

Chace, Hewitt, G. W. Parker, 

Clardy, Hill Patton, 

Clemen ts, His~ock, Pierce, 

Cobb, Hoblitzell, Peel, 

Collin!!, Holmes, Perkins, 

Converee, Holton, Pettibone, 

Cook, Hooper, Phelps, Covington, Horr, Potter, 

Cox, S. S. Houk, Rankin 

Crisp, Howey, Ranney', 

• 

Winans, John 

Wolford, 

Wood, 

Woodward, 

Yaple, 

York. 

Turner, Oscar 

Vance, 

Warner, Richard. 

Ray,G.W. 

Rea21Ul. 

Reed, 

Reese, 

Rice, 

Robertson 

RobiRson, W. E. Rogers, .J. H. 

Rogers, W.F. Russell, 

Ryan, 

Scales, 

Shaw, 

Shelley, Singleton, 

Skinner, T. G. 

Slocum, 

Smith, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stockslager, 

Stone, Talbott, 

Taylor, E. B. Taylor,J.M. 

Thompson, _ Throckmorton, 

Tillman, 

Tully, 

Van Eaton, 

Wadsworth, 

Wait, 

Wakefield, 

Washburn, 

Weaver, 

Wellborn, 

Wemple, 

Wilkins 

WilliamS, 

Willis 

Wise, G. D. Wise,J.S. 

Worthington., Young. 

Mr. GEORGE D. WISE. I nsk unanimous consent to dispense with 

the readin~ of the names of members voting. 

:Mr. HEWITT, of Ala.bama. I object. 

The names of members voting were read. 

The following additional pairs were announced: 

Mr. HEWITT, of New York, with Mr. RICE, on all political questions 

from July 4 until further notice. ' 

Mr. TuLLY with Mr. BELFORD, until further notice. 

Mr. HILL with Mr. HoLMES, until further notice. 

Mr. COVINGTON with Mr. HOLTON, on all political questions, until 

July 4. . 

Mr. BLANCHARD with Mr. GEORGE, for the remainder of this day. 

Mr. THROCKMORTONwithMr. BISBEE, until further notice. 

Mr. CABELL with Mr. CuB.TIN, on the Mexican-w~ pension bill. 

The SPEAKER. Upon this vote the yeas are 119, and the nays are 12. No quorum has voted. 

Mr. WHITE, , of Kentucky. I move that there be a call of the 

House. 

The SPEAKER. The gentleman from Kentucky [Mr. WHITE] moves that there be a call of the House. 

Mr. WILSON, of West Virginia. I ask unanimous consent that 

the Speakercount the members of the House present, in order to ascer- tain whether there is a quorum or not. · · . Mr. BROWNE, of Indiana. All right. 

The SPEAKER. The Chair will state that a conference report is 

ready to be submitted, if there is a quorum present. The gentleman 

from West Virginia [Mr. WILSON] asks consent that there be a count 

of members present by the Chair in order to ascertain if there is a quo- rum. · 

Mr. WIDTE, of Kentucky. I think it is unnecessary to resort to 

these additional filibustering tactics. The question before the House 

is whether we s1lall now pass this pension bill or not. 

l\1any MEMBERS. Regular order. 

The SPEAKER. The regular order is the motion for a call of the 

IIouse. . The question was take;n, and the motion was not agreed. to. 

.Mr. TOWNSHEND. I call for the regular order. 

Mr. WHITE, of Kentucky. I rise to a question of order. 

t, 

. 

I 
6004 CONGRESSIONAL RECORD- HOUSE. JULY 3, 

The SPEAKER. . The gentleman will state it. 

Mr. WHITE, of Kentucky. The Speaker announced _the vote by 

yeas and nay a few moments ago as being less than a quorum; whereupon I moved that there be a call of t.he House. As I unde~tood, the 

Speaker put that question, and it was decided in the affirmative. 

The SPEAKER. The Chair was abouttoputthequestion when the 

gentleman from West Virginia [l\Ir. WILSON] rose and asked consent 

that there be a count of the members present by the Chair, to which 

the gentleman from Kentucky [1\Ir. WHITE] objected. Then the Chair 

put the question on the motion for a call of the House, and it was not 

agreed to by the House. 

1\Ir. WHITE, of Kentucky. Very well. Then I make this :voint, 

that no quorum being developed by the last call, nothing i now in order 

but a motion to adjourn. 

1\Ir. WILSON, of Iowa. But the House has voted ince that. 

:Mr. WHITE, of Kentucky. As I understand it a vote was taken 

upon ordering the pre>ious question, and the Speaker announced that 

no quorum ha~ voted. 

l\Ir. WILSON, ofiowa. And since then we have had a vote. 

Mr. WHITE, of Kentucky. Not at all. 

Mr. WILSON, of Iowa. We voted down the motion for a call of 

the House. 

ML WHITE, of Kentucky. We have not had another vote by yeas 

and nays. I make the point that only one motion is in order now, and 

that is the motion that the House adjourn. 

The SPEAKER. The gentleman can make a motion to a~journ, 

and the House can vote upon it by tellers or otherwise, and t.bat will 

disclose whether there is or is not now a quorum present. 

l\1r. WHITE, of Kentucky. I do not wish to adjourn; I wish to 

pass this pension bill. I wish to get enough members here to vote 

upon it and to defeat these :filibustering tactics. 

The SPEAKER. It makes no difference whether the gentleman desires to adjourn or not; the vote upon the motion to adjourn will disclo e whether there is a quorum here or not. 

l\ir. BROWNE, ofindiana. Forthatpurpose ImovethattheHouse 

adjourn. 

l\Ir. WHITE, of Kentucky. And pending that motion I wish to 

finish my point of order. The gentleman from Illinois [Mr. TowNSHEl'.-n] called for the regular order, and I want to proceed in order. 

The SPEAKER. The gentleman from Indiana [Mr. BROWNE] is 

proceeding in order, and moves that the House adjourn, which the 

gentleman from Kentucky [1\Ir. WHITE] is contending is the only 

motion now in order. 

Mr. POLAND. On the motion to adjourn I call for tellers. 

The question was taken upon ordering tellers, and there were 43 in 

the affirmative. 

So (the affirmative being more than one-fifth of a quorum) tellers 

were ordered, and Mr. PoLAND and Mr. BROWNE, of Indiana, were 

appointed. 

The House divided; and the tellers reported that there were ayes 1, noes 164. · o the motion to adjourn was not agreed to. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by l\Ir. McCooK, itsSecretary, announced 

agreement in reports of conferences on a bill {H. R. 7012) making appropri'l.tions for the construction, repair, and preservation of certain 

public works on rivers and harbors, and for other purposes; and a bill 

(H. R. 6370) to limit the time within which prosecutions may be instituted against persons charged with violating the internal-revenue 

ln.ws. 

ORDER OF BU INES 

1\Ir. WHITE, of Kentucky. I now call for the regular order. 

The SPEAKER. The regular order is the demand for the previous 

question on the motion of the gentleman from Ill.i..I'.\ois [1\Ir. TowNSHEND] to concur in Senate amendment numbered 6 to'the Mexican 

pension bill, and upon that question the yeas and nays have been ordered. 

l\Ir. WHITE, of Kentucky. I insist on a vote while there is a quorum 

present, or we may lose it in a few minutes. I want to vote while the 

Democratic members are here. 

Mr. HOLl\1AN. I rise to a privileged report. 

The SPEAKER. The gentleman will submit it. 

Mr. HOL~I.AN. The committee of conference on the disagreeing 

votes of the two Houses on the legislative, executive, and judicial appropriation bill--

l\1r. WHITE, of Kentucky. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. WHITE, of Kentucky. I desire to inquire if the gentleman 

from Indiana (1\ir. HOLMAN] can interrupt the regular order at this 

stage with a privileged report. 

The SPEAKER. He can. Under the rules of the House even a motion to adjourn can be interrupted with a conference report. 

LEGISLATIVE, EXECUTIVE AND JUDICIAL APPROPRIATION BILL. 

Mr. HOLl\UN. Although the committee of conference has not been 

able to agree upon a portion of the matters in dispute between the two 

Houses, they have agreed upon most of them, and I submit the report 

which I send to the Clerk's desk. 

The SPEAKER. The report will be read. 

The Clerk read as follows: 

' The committee of conference on the disagreeing votes of the two Houses upon the amendments of the Senate to the bill of the House 7069, making appropriations for the legislative, executive, and judicial expense oftheGovernmentfor 

the fi cal year ending June 30, 1885,andfor other purposes, having met after full 

and free conference have agreed to recommend and do recommend to their re pective Houses as follows: 

'l:hat the Senate recede from its amendments numbered 8, 9, 10, 13, 26, 32,3-3, 36, 

37, 39, 40, 46, 47, 4 '49, 67, 74, 75, 76, 110,111, 119,120, l2L, 142,143, 157,158,159,160, 161, 

] 67, 168, 175, 17 '179, 191 192, 193, 203,204, 231, 234, 235, 236, 237,238, 239,246,247, 256, 257, 

273, 274, 275,278, 282, and 283. 

That the H ouse rece.de from its disagreement to the amendn{entsof the Senate 

numbe1·ed 2, 3, 4, 5, 6, 7, 11, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 29, 30, 31, 34, 35, 38, 41, 42, 

43, 44,45, 50,51,53,5 ,59,60, 61, 69, 70, 71, 77, 78, 79,89, 90, 97,9 , 99,100,101,102,104,105, 

106, 108, 1.09, H2, 113, 114,115, 11,6, 117,123,124, 125, 126, 127,128, 129,130, 131, 132,133, 134, 

135,136 137, 139,141, 144, 146,1471148, 149 150,1511 152,153, 154,155, 156,1621 163,164, 165, 

169,170,171,173,176,187,188,189,190, 194., 195,200,202,203,214,215,216,217,218,219,225, 

226, 233, 240, 241, 2-!2, 243, 244, 245, 24 '251, 254, 255, 258, 259, 260, 263, 264, 265, 266, 267' 209, 

270,271 ,272,276, and 279, and agree to the same. That the Hou e recede from it disagreement to the amendment of the Senate 

numbered 1, and agree to the same with an amendment as follows: In lieu of 

the urn proposed insert "~66,596.60 ;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 2 , and agree to the a me with an amendment as follows: In lieu of 

the sum proposed insert" $338,655.10;" and the Senate agree to the same. That the House reccdefrom its disagreement to the amendment of the Senate 

numbered 52, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "$493,9 1.25; " and the Senate agree to the same. That the House recede from its disagreement to the amendmentofthe Senate 

numbered 54, and agree to the same with an amendment as follow : In lieu of 

the number propo ed by said amendment insert "9;" and theSenate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate 

numbered 55, and agree to the same with an amendment as follows: In lieu of 

the number proposed by said amendment insert" 4 ;" and the Senate agree to the same. 

That the House recede from its disagreement totbe amendment oftheSenat.e 

numbered 56, and agree to the same with an amendment, as follows: In lieu of 

the number propo ed by said amendment insert "14;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate 

numbered 57 and agree to the same with an amendment as follows : In lieu of 

the sum proposed insert " 104,720;" and the Senate agree to the same. '.fhat the House recede from its disagreement to the amendment of the Senate 

numbered 62, and agree to the same with an amendment as follows: In lieu of 

the number proposed by seid amendment insert :• 40;" and the Senate agree to the arne. That the House recede from its disagreement to the amendment of the Senate 

numbered 63, and agree to the same with an amendment as follows : In lieu of 

the number proposed by said amendment insert "55 ; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 64, and agree to the same with an amendment as follows: In lieu of 

the number propo ed by said amendment insert" 48;" and the Senate agree to the same. · That the House recede from its disagreement to the amendment of the Senate 

numbered 65, and agree to the same with an amendment a follows: In lieu of 

the sum proposed insert "...,246,490;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 66, and agree to the same with an amendment as follows: In lieu of 

the matter proposed to be inserted by said amendment insert" who may be designated to sign such letters and papers as the Auditor may direct; " and the 

Senate agree to the same. That the House recede from its di agreement to the amendment of the Senate 

numbered 68, and agree to the same with a n amendment as follows : In lieu of 

the number propo ed by said amendment insert "66 ;" and the Senate agree to the same. •That the House recede from its disagreement to the amendment of the Senate 

numbered 72, and agree to the same with an amendment as follows : Atter t.he 

word " each," in line 16, page 22 of the bill, insert " four assorters of money- orders, at $720 each;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 73, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "$452,790;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 78, and agree to t.he same with an amendment as follows: In lieu of 

the sum proposed insert '' $35,180; '' and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 96, and agree to the same with an amendment as follows: In lieu of 

the matter proposed to be stricken out insert "for postage, $500; " and the Sen- ate agree to the same. That the House recede from it disagreement to the amendment of the Senate 

numbered 103, and agree to the same with an amendment as follow : In lieu 

of the sum propo ed insert" -,000;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 107, and agree to the same with an amendment as follows: In lieu of 

the sum proposed in ert "$27,620;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of t-he Senate 

numbered 118, and agree to the same with an amendment as follows : In lieu of 

the sum proposed insert "$l,500; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 122, and agree to the same with an amendment as follows: In lieu of 

the matter proposed to be inserted by said amendment insert the following: " For the following additional clerks in the office of the Adjutant-General for the 

sole purpose of completing, with the necessary detail from the existing force, 

the regimental registers of the volunteer forces of the everal State during the 

late war, namely, one clerk of class 4; two clerks of class 2; six clerks of class 

1; in all, $11,800: '' and the Senate agree to the same. That the House recede from its <li agreement to the amendment of the Senate 

numbered 138, and agree to the same with an amendment as follows: In lieu 

of the number proposed insert "58:" and the Senat-e agree to the same. That the House r ecede from its disagreement to the amendment of the Senate 

numbered 140, and agree to the ~ame with an amendment as follows : In lieu 

of the sum proposed insert "$85,620;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 145, and agree to the same with an amendment as follows : In lieu 

of the sum proposed insert ''$57,410 ; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

• 
1884,. CONGRESSIONAL RECORD-HOUSE. 6005 

numbered 166, and agr ee to the same w ith an amendment as follows: In lieu of 

the matter proposed to be inserted by said amendment insert, "for the compilation of the naval records ot' the war of the rebellion; for collecting, compiling, 

and arranging the naval records of the war of the rebellion, including confed- erate naval records, one clerk of class 1, two copyists at $720 each; in all $2,640 ;" 

and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 172, and agree to the arne with an amendment as follows: Strike out from said amendment the word "$500; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

and agree to the same with an amendment as follows: In lieu of the sum pro- po ed insert '' 151,430; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 177, and agree to the same with an amendment as follows : " To strike out from the matter proposed to be inserted by said amendment the following: 

'Two examiners of office decisions at .. 2,000 each ; ' " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 180, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 40; "and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 18l,and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 56;" and the Senate agree to the arne. That the House recede from its disagreement to the amendment of the Senate 

numbered 182, and agree to the same with an amendment as follows: In lieu of 

the number proposed in ert' 67;" !J.nd the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 183, and agree to the same with an amendment a· follows: In lieu of 

the number propo ed in ert "73;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 184, and agree to the same with an amendment as follows: In lieu of 

the number proposed in ert "51;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 185, and agree to the same with an amendment as follows: In lieu of 

the number proposed in ·ert "58;" and the Senate agree to the same. That the House recede from its disagreement to tlle amendment of the Senate 

numbered 186, and agree to the same with an amendment as folldws: In lieu of 

the sum proposed insert "$496,250; " and the Senate agree to the saiDe. 

That the Hquse recede from its disagreement to the amendment of the Senate 

numbered 196, and agree to the same same with an amendment as follows: In lieu of the numberpropo ed insert "10;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 197, and agree to the same with an amendment as follows: In lieu 

of the number proposed insert "16;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 198, n.nd agt·ee to the same with an amendment as follows: In lieu of 

the number proposed in ert "9;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 199,and agree to the same with an amendment as follows: In lieu of 

the n uiDber proposed insert "13; " and the Senate agree to the same. That the House recede from its disagt·eement to the amendment of the Senate 

numbered 201, and agree to the same with an amendment as follows: In lieu of 

the sum proposed in ert" '97,980;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 220,andagree to the same with an amendment as follow : In lieu of 

the number propoEed insert" 24;" and the enate agree to the same. That the House recede from its disagreement to the umendmcnt of the Senate 

numbered 221, and agree to the same with an amendment as follows: In lieu of 

the number proposed in ert "28;" and the enate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 222, and agree to the same. with. an amendment a follows: In lieu of 

the number proposed in ert'" 28;" and the Senate agree to the same. · That the House recede f1·om its disagreement to the amendment of the Senate 

numbered 2'23, and agree to the same with an amendment as follows: In lieu of 

the number proposed inert ''30;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 224, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 35;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 227, and agree to the S!l.me with an amendment as follows: In lieu of 

the number proposed in ert "5;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 228, and agree to the same with an amendment a follows: In Jieuof 

the number propo ed in ert '' 18; " and the Senate agree to tlle same. That the House recede from its disagreement to the amendment of the Senate 

numbered 229, and agree to the same with an amendment a follows: In lieu of 

the number proposed insert" 50;" and the Senate agree to the same. That the House recede from it disagreement to the amendment of the Senate 

numbered 230, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 62 ;" and the Senate agree to the same. That the House recede from it disagreement to the amendment of the Senate 

numbered 232, and agree to the same with an amendment a follows: In lieu of 

the sum proposed insert" -97,170;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 249, and agree to the same with an amendment a follows: In lieu of 

the sum proposed insert" 9,000;" and the Senate agree to the arne. That the House recede from its disagreement to the amendment of the ~enate 

numbered 250, and agree to the same with an amendment a follows: In lieu of 

the sum proposed insert " 11,500; " and the Senate agree to the same. That the House recede from its disagreement to theamendiDentofthe Senate 

numbered 252, and agree to the same with an amendment as follow : In lieu of 

the sum propo ed insert •· S9,000;" and the enate agree to the arne. That the House recede from its disagreement to the amendment of the Senate 

numbered 253, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert"" 11,500; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Sena,te 

numbered 261, and agree to the same with an amendmPnt as follows: In lieu of 

the matter stricken out by said amendment insert" one clerk at $1,000; '' and the 

Senate agree to the same. . That the House recede from its disagreement to the amendment of the Senate 

numbered 262, and agree to the same with an amendment a follow : In lieu of 

the um proposed insert" 31,060;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 268, and agree to the same with an amendment a follows: In lieu of 

the matter proposed to be inserted by said amendment in ert the following: 

"Two additional clerks of class 2;" and the Senate agree to the same. That the House recede from its disagreement to theamendmentof the Senate 

numbered 277, and agr ee to the same with an amendment as follow : In lieu of 

the sum proposed insert" 112,110;" and the Senate agree to the same. That the House recede from its disagreement to the amendmentofthe Senate 

numbered 280, and agr ee to the same with an amendment as follows: In lieu of 

the sum proposed in ert "$12,060;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 281, and agree to the same with an amendment as folio s : In lieu of 

the sum proposed insert " $1,600;" and the Senate agree to the same. 

The coiDIDittee of conference is unable to agree on the amendments of the 

Senate nuiDbered 21, 24, 2.3, 27, 80, 81, 82, 83, 84, 85, 86, frl, 88, 91, 92, 93, 94, 95, 2().5, 206, 

207, 208,209,210,211, and 212. 

JOHN HANCOCK, 

J. G. CANNON, 

Managers on the part of the House. 

W. B. .ALLISON, 

H.L.DAWES, 

F. 1\I. COCKRELL, 

Managers on the part of the Se;nate. 

The statement accompanying the report was read, as follows: 

The managers on the part of the House of the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7069) making appropriations for the legiSlative. executive, and judicial expenses of the Government for the fiscal year ending June 30, 1 -, and for other pur- poses, submit the following written statement in explanation of the conference 

report subiDitted: 

The conference co=ittee have agreed upon all of the two hundred and 

eighty-three amendments of the Senate except twenty-six, which amendments are as follows : Amendment 21 increa es the appropriation for miscellaneous expenses of the 

Senate from $10,000 to $34,000, and trikes out pro\'ision that no part of t.he money approprpiated by the bill shall be u ed for clerical services for any Senator, Rep- re entative, or Delegate in Congre . Amendment 27 prohibits the printing in the COXGRESSIO"l< AL RECORD of any peech not spoken in the Senate or House of Representatives. 

Amendment 0, 1, 82, 83, 84, 85, 86, 71 88,91, 92, 93, 94, and 95 increase the sum f~r collector and d~puty collectors ot internal revenue from Sl,750,000 to 1,-

850,000, and for salanes and expenses of agents and urveyors $136.000, strike out provisions to reduce the internal-revenue districts to forty-three, the cu - toms collection districts to sixty-nine that the Secretary of the Treasury shall 

exempt certain distilleries which mn.sh ten bushels of grain or less per day from 

the operations of the provisions of tit.le 35 of the Revised Statutes except as to the payment of the tax,and propose to fix the number of pecial agents at twenty-five instead of five. 

Amendments 205, 206. 207,208,209, 210, 2ll, and 212, relate to an increase of the 

clerical force in the Pension Office, amounting to $266,900. 

The amendments of the Senate added to the bill as it pas ed the House the sum of 1,087,424.90, of which amount it is agreed by the conference committee 

that the Senate yield S269,940. 

The amendments upon which disagreement is reported involve the sum of 

$540,900. 

The amount yielded by the House by the action of the oonference is 276,584.90. WM. S. HOLMAN, 

JOHN HANCOCK, 

J. G. CANNON, 

Manage;rs on the.pa1·t of the House. 

l\fr. HOLl\IAN. Mr. Speaker, I will occupy but a moment in ex- plaining the effect of this ~eport. As will be seen by an examination 

of the report and the accompanying statement, the Senate made two 

hundred and eighty-three amendments to the bill as it passed the 

Hou e. Those amendments may be classified, not in the order, however, in which they are presented, as follows: 

On aecount of internal-revenue districts and custmns district there wa an addition of 136,000, being the result of striking out all the 

provisions of the House bill for the consolidation of internal-revenue :md customs districts, and the reduction of the number of special 

agents; provisions in regard to pensions in anticipation of the passage 

of the Qill now pending in the House, $266,900, the personnel of the 

Pension Office being increased to that extent, a was estimated, by the 

operations of the bill if it should become a law; the addition to the 

contingent fund of the Senate, 24,000; new office , increased salaries 

and contingencies over and above the 24,000, 560,000, making the 

entire addition to the bill by the two hundred and eighty-three amend- ments of the Senate, 1, 0 6, 900. 

The agreement of the conferees covers the entire amendments with 

the exception of four subjects, which, in the order in which they are in the bill, are: 

Fir t . The increase of the contingent fund of the Senate, 24,000, 

the amendments covering this subject being numbered 21, 24, and 25, 

and including the striking out of that portion of the House bill which 

prohibits the use of the contingent fund for the payment of clerical 

ervices for Senators, Representa.tives, and Delegates. 

econd. The amendment numbered 27, which provides that no speech ~ball be published in the CO:NGRES IONAL RECORDuuless actually de- livered in one or the other Hou e of Congress. 

Third. The reduction of the number of internal-revenue districts and 

customs districts and the decrease in the number of pecial internal- revenue agents to five, the Senate having restored the number to 

twenty-five. The amendments embracing this subject are numbered 

from 80 to 95. 

The fourth subject which this agreement does not cover is that of 

pen ions, to which I have referred, being embraced in amendments 

numbered 205 to 212, inclusive. 

Tho e four subjects are left undispo ed of by this conference report. 

.All the other matters of disagreement are embraced in the conclusions 

reached by the conferees and reported to the House. I have not been able to concur in the conclusions reached by tl}e managers on the part 

of the two Houses; but I do not suppose it would be profitable at this 

late hour to enter' into any statement of my reasons, 

The concessions made by the enate on the $1,0 6,900 amount to 

2U9, 940, which in a material degree is to be deducted from the amounts 

added to the bill by the Senate for new offices, increased sala.rie , and 

contingencies. 

If t he bill to pension soldiers of the Mexican war (which bill, as amended by the Senate, is now pending before the House) should not 

• 
6006 CONGRESSIONAL RECORD- HOUSE. JULY 3, 

be passed, then of course the Senate recedes from the amendments in 

relation to the subject of pensions, which add to the bill $266,900. As 

to this particular item touching pensions, covered, as I have remarked, 

by amendments 205 to 212, the aetion of the House on this bill is, of . course, quite unimportant; for if the bill to which I have just referred 

should not be passed, then of course the Senate recedes. 

Thus, there will be left for further consideration by the House, if 

this report should be adopted, only three subjects-matter; one, whether 

the contingent fund of the Senate shall be increased and the proposed 

limitation stricken out; second, whether the amendment numbered 27, 

which prohibits the publication of speeches not actually_ delivered in 

either House, shall be retained; and third, whether the provision 

adopted by the House touching the number of internal-revenue districts and customs districts and special agents shall be adhered to. 

l\Ir. Speaker, I have no further statement to make on this subject 

unless some gentleman desires to propound some inquiry. My colleagues on the conference committee, the gentleman from Texas [Mr. 

HANcocK] and the gentleman from Illinois [:1\Ir. CANNON], are both 

upon the floor. If no gentleman desires to address the House upon 

the report I will call the previous question. 

l\Ir. STORM. I wish to ask what was done with the fortieth amendment in regard to the painting of the Electoral Commission? 

Mr. HOLMAN. That was stricken out by consent. 

l\Ir. C,A.NNON. Mr. Speaker, I do not know if it is ne~ssary for me 

to speak in detail as to this conference report. It is true, as stated by 

the gentleman from Indiana [Mr. HoLMAN], that the Senate amendments increased this bill 1,087,000 in round numbers. The Senate 

has receded to the extent of 269,940, while the House has yielded on 

those Senate amendments to the extentin the aggregate of $276,584.90. 

It is further true the 540,900, as to which thereisdisagreement, the 

greater part of it is for force in the Pension Office. There·will be no disagreement between the two Houses, as I understand it, but it was 

not closed up as the conferees were in doubt as to the passage of the 

present legislation, which has passed the Senate and is now being considered by the House, known as the Mexican pension bill 

The gentleman from Indiana said of this $276,000 the large majority 

of it comes from the increase of salaries and increase of new offices. 

The large majority of it, nearly all of it in fact, comes from additional 

force in the different bureaus of the Executive Departments, and, as I 

recollect, not to exceed $3,000 of it is for increase of salaries. The increase of clerks is in part in the Second Auditor's Office, which gentle- men will understand the importance of in the settlement of claims of 

soldiers principally in the late war. There is a slight increase in the 

First Auditor's Office, which was believed by the Senate to be important, and was concurred in by a majority of the conferees. There is a considerable increase in the Land Office, one-half of the Senate amendments substantially, an increase of forty clerks, believed by the Senate 

conferees to be important, and also agreed to by the House conferees. 

There is a considerable increase of, substantially one-half of the Senate 

amendments, in the Patent Office. The Senate believed the whole increase should be given, but yielded to the House; the House substantiaUy agreeing to one-half of the increase in that office. 

I must say I believe the agreements arrived at by the conference 

committee touching the creation of new offices which the gentleman 

from Indiana speaks of is an increase, every particle of which is demanded by the exigencies of the service, arising out of the rapid growth 

of the population and business of the country. 

That is aU I desire to say in a general way. As we reach the amendments as to which there is still disagreement, I would suggest to my 

friend from Indiana perhaps that it would be well enough on some, if not on all, to testtbesenseoftheHouseona motiontorecede on the part of 

the House. The previous question may cut off explanation. 

Mr. HOLMAN. I only propose to call the previous question on the 

adoption of the conference report. And my friend will see, even if I 

should call the previous question on the motion to further insist on the 

disagreement of the House to the Senate amendments, still the motion 

to recede from that disagreement would be in order. 

l!Ir. CANNON. The previous question will be called then only on the adoption of the report~ 

Mr. HOLMAN. While I do not agree to the views expressed by my 

friend touching the necessity of the increase of offices. and touching the 

enlargement of salaries as provided for in this bill, I have not thought 

at this·late hour, under the pressure of public business, I would be justified in consuming the time of the House in presenting reasons. My 

friend from illinois and I have had occasion to express our opinions 

heretofore on the general subject. I will therefore call for the previous 

question on the adoption of the report of the conference committee. 

Mr. WHITE, of Kentucky. I ask the attention of the gentleman 

for a moment before he demands the previous question. If I understood him correctly there is an item of 200,000 affecting the pension 

law, being an item of expenditure necessarily involved in the passage 

of a pension law which is now under consideration. That amount, as I understand, will be appropriated if this bill passes to pension the 

Mexican soldiers. 

:1\Ir. HOLMAN. There is no controversy on that. 

Mr. WHITE, of Kentucky. I understood the gentleman to say that 

• 

that sum or some such sum will be needed if the bill now under con- sideration in the House should pass, and that the Senate amendment 

will not be incorporated if that bill does not become a law. 

lli. HEWITT, of Alabama. If the present pension bill becomes a law it will require $50,000,000 instead of $200,000 . Mr. WHITE, of Kentucky. If that bill is not passed the Senate is 

willing to strike out that sum? 

Mr. HOLMAN. That is to be left still open and under the control 

of any conferees that may hereafter be appointed. 

lli. WIDTE, of Kentucky. With the permission of the gentleman 

from Indiana, it strikes me that there is no necessity for any special 

hurry about this matter. We had better allow the conference report 

to wait until after that pension law is enacted or it is otherwise disposed of by the House, and not leave this $200,000 floating around, 

like Mohammed in his coffin, in mid-air, waiting to see what is to be 

done with reference to the Mexican pension bill. I repeat, we had 

better let the conference report wait until we have settled the pension 

question. That report proposes to settle every thing but that one point, 

I believe. 

Mr. HOLMAN. No; there are four points of difference still open 

unless the House should otherwise order. I think my friend will find 

that there will be no trouble about the suggestion he makes. 

I call the previous question. 

The previous question was ordered; and under the operation thereof 

the report was adopted. · 

MI. HOLMAN moved to reconsider the vote by which the report was adopted; and also moved that the motion to reconsider be laid on the table. • 

The latter motion was agreed to. 

The SPEAKER. What action will the gentleman take on the re- maining amendments? 

:1\Ir. HOLUAN. For the purpose of testing the sense of the House 

on the remaining disagreements I now move; in order that the meas- ures may be determined by the action of the House itself if possible, 

that the House further insist upon its ili13agreement to the amendments 

of the Senate numbered 21, 24, and 25. It will be found that they cover the same subject-matter. I ask that these amendments may be 

reported for the information of the House. Permit me to say first that 

amendment numbered 25 strikes out the limitation placed by the House 

upon the expenditure of the contingent fund of the Senate. I ought 

to say before proceeding further that it will be seen in the Senate amendment numbered 21 that the House appropriated for a certain specific 

purpose in connection with the contingent fund of the Senate the sum 

of$10,000. That is increased from $10,000 by the Senate to $34,000. 

The $24,000 added by the Senate, I suppose it is entirely proper to 

say, renders it necessary, if that should be allpwed by the action of the 

House, that the clause which the House attached providing for the expendi true of that fund shall be stricken out, because the prohibition of 

the House on the expenditure of that fund prohibited the use of it for · 

the payment of the clerical force to be employed by Senators, Members 

oftbe House, or by any Delegate inCongress. That sum of$24,000, I 

think I may state with propriety, is, as is generally understood on the 

floor of the House, to be expended for the purpose which the House 

sought tp prohibit by the clause proposed to be stricken out, that is to 

say, for the payment of clerks employed by the Senators. 

Mr. COSGROVE. Let me ask the gentleman a question. Suppose 

that a clerk of a committee should be employed for any purpose by a· member of the committee, would it not come within the provision of 

this act? 

:1\Ir. HOLMAN. Not at all. Thatisquiteadifferentsubject. This 

is the money appropriated for the contingent fund of the Senate, and 

the provision was incorporated by the House that it should not be used 

for the pmpose of paying the salaries of clerks or secretaries employed 

by Senators or members of the House or Delegates. 

Inasmuch as it does not prevent my friend from Illinois from making 

the motion if he desires to make it to recede from this disagreement, I 

will call the previous question upon the motion. 

:1\Ir. HANCOCK. If it be in order, I move that the House recede from 

its disagreement to these amendments of the Senate and agree to the 

same. Mr. HOLMAN. I do not wish to call the previous question if the 

gentleman desires to be beard. 

Mr. HANCOCK. I wish to be heard for a few moments before that 

is done. 

I presume, Mr. Speaker, that most persons understand just what this 

24,000 appropriated in the Senate is intended for. It is for the payment of the clerks employed by some twenty Senators, under a resolution of the Senate, as their private secretaries. I do not myself see that it is particularly objectionable. In fact I think it is entirely proper, 

if in the judgment and discretion af the Senate they shall deem it nec- essary that the Senators should have this assista..ce. The sum, it is 

true, is a paltry one, but because it is such it does not fail to elicit the 

principle as fully as if it were greater. 

The Senators themselves conceive that they need this character of 

assistance, nd it occurs to me tha.twe mightwellleave them to judge 

for themselves upon that point as to what is right and proper in the 
1884. CONGRESSIONAL RECORD-HOUSE. 6007 

premises. They are as much responsible to their constituencies as we I :Mr. CA....~O~. As my colleague asksthesequestionsoutofthe line 

are, and for one I do not feel called upon to interpose my veto or ob- in my remarks--

jection to what they may conceive is necessary to fu~ilitate the public Mr. PAYSON. I think they are in the precise line of the gentleinterests confided to their hands. I presume the Senate would hardly man's remarks. 

interfere if this House in its wisdom should make some provision for :Mr. CANNON. I will say then, as he asks these questions before I 

certain members who, by reason of their positions in committee, fre- have completed my r emarks I will answer them. I will say to the genquently have onerous duties imposed upon them. tleman in justice to the Senate in this matter that the Senate has hereIt is a fact known to most of the members of this honorable body tofore and in this bill provided byamendmentfortbeincrease ofcertain 

that many of the members here are under the necessity of employing salaries of House employes, generally, however, as they state, and as I 

private clerks and paying for them, it is true, out of their own pock- have no doubt is true, at thesuggestionofmanymembersofthe House; 

ets. It is of course left to them to detennine whether they are will- for the reason that the House rules would not admit of those increases. 

ing to do that and be satisfied with what remains to them of their The gentleman spoke of the increase of the salary of the Doorkeeper. 

salaries, if anything. The Senate might do the same thing, but they It is true that when this legislative appropriation bill was reported to 

elected to do differently; and I am strongly inclined to believe that the House from the Committee on Appropriations it did contatn an inthey elected to do just what is right. It is not their service that is crease of $500 to the salary of the Doorkeeper and that went out on a 

performed in this way so much as it is the serviceofthewholecountry; point of order. It is just, however, to the Senate I should state that 

and if the service is such as is expected at their hands, I think it right the Senate has in no sense insisted in conference, or so far as I know 

t.hey should have that assistance to enable them to give that service in anywhere else, on increasing the salary of any of the House employes 

the most efficient way. I trust the House will recede from its dis- except as the House might request and might desire. 

agreement to those amendments of the Senate. . :Mr. STORM. Did not they attempt to reduce the salary of one of 

1\Ir. COX, of North Carolina. I will ask the gentlemanfrom Texas, the reporters of this House by $500? 

with his permission, a. question before he resumes his seat. Is not the Mr. CANNON. Oh, yes; the Senate put on an amendment to that 

effect of this to increase the salaries of the Senators and to discriminate effect, to take off $500 from- the compensation voted by the House to 

between the salaries of the members of the House and those of the mem- one of its reporters, which, by the bye, was an increase of salary. We 

bers of the Senate? · had voted to give him an increase of $1,000 and the Senate struck down. 

Mr. HANCOCK. Yes, sir; it might have that effect indirectly; but the increase to $500. But the Senate very promptly receded fiom its 

not more so than with reference to the $125 allowed to members for post- amendment when it was told that the House desired to make t aat inage-stamps, stationery, and things of that kind. crease. 1\Ir. HOLMAN. But that is allowed to the Senate also. . Mr. STORM. But the Senate undertook to reduce the amendment. 

Mr. CANNON. I would like to say a word. Of the seventy-eight 1\fr. CANNON. Y ffi; but I want to say to the gentleman from PennSenators, Mr. Speaker, thirty, under the resolution of the Senate, em- sylvania [:Mr. STORM] and to my friend from Illinois [1\fr. PAYSON] 

ploy clerks during the session, each ~me of them having a clerk at $6 a that I am not standing here as the champion of this proposition so far 

day, payable out of the contingent fund. Most of the Senators have as I am individually concerned. I believe that the co-ordinate branches 

chairmanships of committees-all of them except those thirty, I believe. of the Legislature are in every respect as to matters of this kind equal; 

This is the first time that these payments have been made from the and sofaraslam individuallyconcerned I would dono actuponmyown 

contingent fund; this is the commencementofit. Theminorityofthe motion or by my vote that would discriminate in the pay, the perquiSenate, whatever party may be in power, shall have this clerical help sites, or the privileges of the members of the two bodies. But I was 

at the expense of the contingent fund. The Senate, it would be per- simply seeking to convey to the House what is and what has been the 

haps proper for me to state, is, as I understand it, unanimous upon this temper of the Senate concerning this matter. That body, I believe, 

proposition; stating at the same time that it is a. matter for their own unanimously insists upon this provision, representatives of that body 

convenience in transacting the public business of the co-ordinate branch in the conference stating at the same time that whatever the House 

of the Legislature, which they think ought not to be interfered with by may desire to do touching the conduct of its own business they do not 

this branch of the Legislature. propose to interfere with. 

:M:r. HISCOCK. Will the gentleman yield to me for a question? We are now brought to this pass: if the Senate insists we will have 

1\Ir. CANNON. Let me complete this sentence. They state at the to recede or lose the bill. 

same time, as I understand, that there is no disposition on their part I say further in my opinion if the Senators have clerks to assist them 

to interfere in any way ~th any action the House may take touching in the public business, Representatives have just as much need of and 

this class of expenditure, or any other matter affecting the business of right to them as Senators. 

the House. I will now yield for the gentleman's question. I have made this statement to the House and it is for members to do 

Mr. HISCOCK. Is there any precedent for the House putting a what seems wise to them in this matter. I will say that unless the 

limitation upon the expenditure of the contingent fund of the Senate? House recedes as to this amendment, as one member of the conference, 

H ave we ever b efore assumed to do it? if I should be continued upon it, I shall not feel called upon to agree 

:Mr. CANNON. Oh, yes. to the amendment. 

1\fr. HISCOCK. When? 1\fr. MILLS. Allow me to ask the gentleman what has become of the 

1\Ir. CANNON. Time and again as I remember. In the contests old controversy between the Senate and the House about the differ- some years ago. ence in the rate of compensation of their respective employes? 

:Mr. HISCOCK. The question has been upon the creation of offices. Mr. CANNON. That matter is not in conference in this bill, as the 

But has the question as to the manner in which the Senate shall expend House did not place any legislation on this bill which would present 

its contingent fund ever been a~ted upon by the House? the question. 

1\Ir. CANNON. The questions are on all fours so far as that is con- ~Ir. MILLS. But the House employes are still receiving smaller 

cerned. I do understand, however, when questions involving the per- pay than the employes of the Senate. 

sonnel of the Senate have arisen between the House and the Senate the 1\fr. CANNON. That is apparently so, but not 'so in fact, for the 

House has yielded. reason that some of the employes of the House receive smaller pay than 

M:r. PAYSON. Will my colleague yield to me for a moment? some ofthe employes oftheSenate, others receive more. Besides, the 

1\fr. CANNON. Yes, sir. practice has been heretofore for the House to provide a. month's extra 

M:r. PAYSON. Does the gentleman from Illinois remember that in pay for its employes upon the sundry civil bill or the deficiency bill, and 

the Forty-seventh Congress when it was proposed to pay mileage to the I apprehend that it will do it now before Congress adjourns. Therefore 

Senate the House yielded? M:y recollection is the other way, and that it substantially makes the salaries of the employes of the two Houses 

there never has been a yielding on the part of the House whenever the the same. 

Senate has proposed to expend its contingent fund in a manner not Mr. MILLS. Does not the Senate insist upon the same provision 

authorized by law. for its employes? 

1\fr. CANNON. I will state to the gentleman I was not speaking of Mr. CANNON. I believe it .has done so in one instance. I now mileage. yield to the gentleman from Iowa. [Mr. KASSON]. 

:M:r. PAYSON. But the gentleman's statement was that the House Mr. KASSON. This is not a. new question of difference touching 

had always yielded on these questions. the power of one House to regulate the internal affairs of the other-or 

1\fr. CANNON. That was my recollection, that the House had to control the contingent fund of the other House. I recollect one serial ways yielded on these questions touching the expenditure of the con- ous dispute in former years on that subject, and it was found then, as I 

tingent fund and the conduct of the business ofthe co-ordinate branch think it must be found now on a careful examination, that the interest 

of the Legislature. But my colleague's recollection of what took place and dignity of the House as well as of the Senate require us to respect 

on the particular matters he has r eferred to I believe is correct. the independence of a. co-ordinate body. 

. Mr. PAYSON. I understood my colleague to say the Senate had We frequently charge upon our contingent fund more than it can 

never assumed to interfere with the appointment of any of the employes bear. We make investigations and make appropriations out of that 

of this body. Is it not true with reference to this very bill that the fund by resolution for the compensation of particular employes. If 

Senate has made an amendment increasing the pay of the Doorkeeper the Senate should interfere in all these details the two Houses would 

of the House $500 and has provided for t he appointment of two addi- come into ·a perpetual wrangle· touching the disposition of their con- tiona! clerks to this body? tingent funds. If it was a matter involving an expenditure of a mill-
6008 CONGRESSIONAL RECORD- HOUSE. JULY 3, 

ion of dollars or so it would be another thing. But when the Senate 

asks a sum for their contingent fund, for us to say that they shall dis-, 

pose of that sum according to our will and not theirs, is to say that the 

Senate in 1·eturn may control us in the disposition of our contingent 

fund at their will and not at ours. 

Now I claim for this House the right to institute even an expensive 

investigation if they find it necessary, and to provide that it shall be 

paid out of the contingent fund of the House, and to demand of the 

Senate a sufficient enlargement of that fund to enable that to be done. 

I also claim that for incidental purpo es, such as temporary employes, 

we have the right as a House to say how much is necessary for that 

purpose, and ho;w much temporary additional force shall be employed. 

The experience of members will bear me out in saying that we must 

have the control of our contingent fund without submitting it to the 

discretion of the Senate. And as I demand that for the House, I am 

willing to yield it within reasonable limits to the Senate. 

1\lr. HOLMAN. I desire to submit a single word before the vote is 

taken on this proposition. I am not able to perceive, certainly not at 

the first blush, that this proposition is subject to the charge of interfering with the internal administration of the affairs of the Senate. 

It eems to me that as to all matters of general and public concern, 

apart from the ordinary acts of the Senate a a separate body, the voice 

of the two Hou es should be expressed in all legislation. I have never 

been able to understand why in regard to questions of public employment in the House or enate, questions relating to the agencies incidentally connected with legi lation, the voice of both bodies should 

not be heard in exactly the same degree as upon all other subjects. I 

think this was the earlier practice. In matters of this kind it appears 

to me each House should listen respectfully to the views or wishes of 

the other. If as to the entire field of employment in connection with 

either of these two bodies the other is to remain absolutely passive 

and silent, this other as to all those matters abandons its just share of 

the legislative power, and the other in respect to such matters is invested with complete and supreme legislative control. Such a view 

to my mind is not in harmony with the theory of our Government. 

I am aware that any gentleman discussing a subject of difference 

like this between the two Houses should be prudent in his expressions; 

but I can not forget the fad, nor can my friend from TI.lii10is, that for 

the deliberate purpose apparently-no, I will not say that, but with 

the inevitable result of evading the rules of proceeding deemed necessary by this House for prudent and wise legislation, amendments are 

frequently made in the other branch with respect to matters affecting 

this House and its internal administration. It is no answer to say that 

some gentlemen desire it to be done. Should not the will of the whole 

House, as deliberately expressed in its rules, be higher than that of any 

one member? Should not the wish of the majority be more potent 

than that of the minority? Yet, as my friend is aware, we frequently 

find upon appropl'iation bills coming from the Senate amendments which 

could not be incorporated under our rules-..,..-propositions which in some 

ca es have been presented here and excluded under our rule . Provisions of this kind we find embodied in amendments in such a way as 

to evade the rules of the House. Now, if my friend from TI.linois can 

mention any more direct interference with the internal procedure of 

either body than that method of accomplishing legislation I should be 

very glad to hear him do so. 

It does not do for my friend to say-I think he forgot himself when 

he made that statement, for he is generally cautious in his language-it 

does not do for my friend to say that the managers on the part of the 

House if they persist must be triumphant. While those members represent the House, they are not the House. If those three gentlemen 

yield, the inevitable result is not only that the rules of the House are 

evaded, but inasmuch a a conference report must be voted upon as an 

entirety without any vote upon its individual parts, the will of the 

House is constantly and necessarily defeated. o long as this is the fact, 

I do not think any gentleman on this floor should be any more than courteous and prudent in talking about matters that affect the relations of 

the two great branches of the legislative department. 

But I submit to my friend from illinois we have here a proposition 

virtually to discriminate between the two Houses of Congress by a measure of legislation not affecting the members of the two bodies equally, 

but affecting alone the members of a single body. Have we had any 

other instance of the same kind? Does not the question here presented 

ri e in importance in view of the fact that thi is the first time we have 

had occasion to meet a question like this ? When, in former years, news- papers were provided for members of Congress t.be same rule was applied to Senators as to Representatives. When, in mare recent yearsJ 

there was made a virtual addition of 125 to the salary of each member 

in the form of an allowance for stationery or an allowance in cash if 

the stationery hould not be used, the same rule precisely was applied 

to the Senate. Every· rule or a<!t of legislation affecting members personally has been, up to the present time, made to operate equally with 

respect to members of the two branches. 

The question, therefore, which this House is compelled to consider at 

this time is whether a propo ition the adva.ntagesofwbich may promote 

the convenience of members of one body, but which must be enjoyed at 

theexpenseofa.nappropriationfrom the public Treasury, can beconceded 

by us without conceding at the same time that the body claiming the 

benefits of such legislation has the exclusive right, through the mere 

passive action of the House, to appropriate money for the advantage 

of its particular members, without reference to the wishes of the other 

branch. 

My friend from Illinois puts the matter in this form: that we mu t 

either' concede this matter now insisted upon by the Senate or we must 

go one step further, and for the purpose of putting these two bodies 

upon exactly the same footing give the members of this Hou e precisely the same facilities as are claimed by Senators, precisely the same 

opportunities for rendering service to their constituencies; that, in other • 

words: we must make a corresponding provision for members of the 

House. The conclusion is not at all an extraordina,ry one ; it is very 

natural. , 

Mr. CANNON. My friend willallowmeamoment. Iknowhedoes 

not desire to misrepresent me. I stated frankly to the Hou e what 

I understood to be the temper of the Senate-what they were willing to 

do touching their contingent fund and touching ours. I tried to place 

the House in po ession of the actual status of affairs, as my friend, I 

think will a<!know ledge. I stated also that so far as I was concerned 

I was oppo ed to this proposition, and would in no event agree to it. 

If it be agreed to, this House of Representatives, so far as I am con- cerned, must take that burden upon its own shoulders. 

·Mr. HOLMAN. I am glad my friend from illinois is definite. 

.Mr. CANNON. I thought I was definite before. 

l\lr. HOLMAN. The gentleman is more definite now, and! am glad 

he has expressed the opinion be ha . [Cries of '' Vote ! ''] Yon do not 

place both bodies on the same footing by receding from disagreement, 

Mr. STORM. Has the Senate refused to insert the purpose of the 

appropriation? 

1\Ir. HOLl\iAN. That would di close what has taken place in conference, and I have no right to do that. It would be only just to the 

House to have the amendment read. I demand the previous question. 

The previous question was ordered. 

The amendments were read, as follows: 

Twenty-fir t amendment: Strike out "ten" and insert" thirty-four ;" Twenty-foul"th amendment: Strike out " sixty-two" and insert " eventy- six; " and 

Twenty-Mh amendment: Strike out " Provided, That no part of the money appropriated by this act shall be expended for clerical services for any Senator, 

Representative, or Delegate in Congress; " So it 'vill read : "For fuel and oil and cotton-waste for the heating apparattis, $7,000 ;.for furni- ture and repairs of furniture, 10,000 ; for packing-boxes, $770; for miscellaneous 

items, exclusive of labor, $34,000; and for expenses of inquiries and investigations ordered by the Senate, $35,000; in all, $76,770. 

The SPEAKER. The question is on the motion of the gentleman 

from Texas [1\Ir. HAKCOCK] to recede from disagreement to the Senate 

amendments and agree to the same. 

l\1r. WHITE, of Kentucky. Let us have the yeas and nays and see how many are in favor of this second edition of the salary-grab. 

l\lr. SPRINGER and others demanded the yeas and nays. 

The yeas and nays were ordered. • 

The question was taken; and it was decided in the negative-yeas 57, 

nays 121, not voting 147; as follows: 

Adams, G. E. Atkinson, 

Bayne, 

Boutelle, 

Brumm, 

Chalmers, 

Cutcheon, 

Davis, G. R. Davis, R. T. Dibble, 

Dunn, 

Ellis, 

Ellwood, 

Evans, I. N. Funst-on, 

A.dams, J. J. Alexander, 

Bagley, 

Ballentine, 

Barksdale, 

Bennett, 

Blount, 

Boyle, 

Breckinridge, 

Brewer, F. B. Browne, T. 1\I. 

Buchanan, 

Budd, Burnes, 

Caldwell, 

Campbell, J. E. Candler, 

Cannon, 

Carleton, 

Cassidy, 

Clay, 

Connolly, 

Cox, W. R. Crisp, 

Culberson, D. B. 

Garrison, 

Goff, Graves, 

Greenleaf, 

Hancock, 

Harmer, 

Hatch, H . H. Hewitt, G. W. Hunt, 

Jame, 

Johnson, 

Kasson, 

Kean, 

Keifer, 

Kellogg, 

YEAS-57. 

Lacey, 

Libbey, 

Lore, 

Lyman, 

1\!cCoid, McComas, 

Ochiltree, 

O'Neill, Charles 

O'Neill, J. J. Parker, 

Perkins, 

Peters, 

Phelp, 

Poland, 

Potter, 

NAYS-121. 

Cullen, 

Dargan, 

Dirbell, 

Dingley, 

Eaton, 

Eldredge, 

English, 

Ermentrout, 

Everhart, 

Ferrell, 

Finerty, 

Follett, 

Foran, 

Geddes, 

Halsell, 

Hardy, 

Hemphill, 

Henley, 

Herbert, 

Hitt, Holman, 

Houseman, 

Jone ,B. W. · Jone, J. H. Jordan, 

Kleiner, 

Laird, 

Lanham, 

Lawrence, 

LeFevre, 

Long, 

Lovering, 

Lowry, 

McMillin, 

Maybury, 

Miller, J. F. !ills 

l\Iitchell, 

Morgan, 

Morse, 

Murray, 

Mutchler, 

Neece, Oates, 

Pay on, Pierce, 

Post, 

Price, 

Pryor, 

Pusey, 

Ranney, 

Robinson, J. S. 

Rosecrans, 

Rowell, 

Smalls, 

Spooner, 

Stephenson, 

Stewart, J. W. Thomas, 

Valentine, 

Wadsworth, 

Woodward. 

Randall, 

Reed, 

Reese, 

Riggs, 

Rockwell, 

Rogers, J. H. Scales, 

Seney, 

Seymour, 

Shelley, · Skinner, C. R. Smith, 

Springer, 

Steele, 

torm, 

Strait, 

Struble, 

Sumner, D. H. Taylor, J. D. Taylor, J. M. 

Thompson, 

'fillman, 

Townshend1 Tucker, 

Turner, H. G. 
1884. -CONGRESSIONAL RECORD-HOUSE. 6009 

Turner, Oscar Van Alstyne, 

Vance, 

Wakefield, 

Wallace, 

Warner, Richard 

Washburn, Williams, 

Weaver, Wilson, James Weller, Wilson, W. L. White, J.D. Winans, E. B. White, Milo Wise, G. D. Whiting, Wolford, 

NOT VOTING-147. 

Aiken, Davidson, Houk, 

Anderson, Davis, L. H. Howey, 

Arnot, Deuster, Hurd, 

Barbour, Dockery, Hutchins, Barr, Dorsheimer, Jeffords, Beach, Dowd, Jones, J. K. Belford, Duncan, Jones, J. T. Belmont, Dunham, Kelley, 

Bingham, Elliott, Ketcham, 

Bis\Jee, Evins, J. H. King, Blackburn 1 Fiedler, Lamb, 

Blanchard, Findlay, Lewis, 

Bland, Forney, McAdoo, 

Bowen, Fyan, McCormick, 

Brainerd, George, :1\Iatsou, 

Breitung, Gib on, Millard, Brewer, J. H. Gla cock, Miller, S. H. 

Broadhead, Green, Milliken, Brown, W. W. Guenther, Money, 

Buckner, Hammond, :Morrill, 

Burleigh, Hanback, c'forrison, 

Ca bcU, Hardeman, .Moulton, 

Calkins, Hart Muldrow, 

Campbell, Felix Hatch, W. H. Muller, 

Campbell, J. l\1. Haynes, Murphy, 

Chace, Henderson, D. B. Nelson, 

Clardy, Henderson, T. J. Nicholls, 

Clement!', Hepburn, Nutting, Cobb, Hewitt, A. S. 0 ' Ferrall, 

Collins, Hill, O'Hara, 

Con•erse, Hiscock, Paige, 

Cook, Hoblitzell, Patton, 

Cosgrove, Holmes, Payne, 

Covington, Holton, Peel, 

Cox, S. S. Hooper, Pettibone, 

Culbertson, W. W. Hopkins, Rankin, 

Curtin, Horr, Ray, G. W. 

Wood, 

Yaple, 

York. 

Ray, Ossian 

Reagan, 

Rice, 

Robertson, 

Robinson, W . E. Rogers, W . F . Russell, 

Ryan, 

Shaw, 

Singleton, 

Skinner, T. G. 

Slocum, 

Snyder, 

Spriggs, 

Stevens, 

Stewart, Charles 

Stockslager, 

Stone, 

Sumner, 0. A. 

Talbott, 

Taylor, E. B. Throckmorton, 

Tully, 

VanEaton, 

Wait, 

Ward, 

Warner, A. J. 'Vellborn, 

Wemple, 

Wilkins, 

Willis, 

Winans, John 

Wise,J. S. 

Worthington. 

Young. 

So the House refused to recede from its disagreement. 

Mr. SCALES stated that his colleague [Mr. Down] was absent, excused by order of the House. 

Mr. ROBERTSON. I am paired with Mr. BARR, and therefore withdraw my vote, as it is not necessary to make a quorum. 

Mr. STEELE. I withdraw myvoteifnotnecessarytomakeaquorum. 

(Subsequently be said be and Mr. LAMB, with whom he was paired, 

would vote the same way, and therefore he would let his vote stand.) 

On motion oi Mr. WELLER, by unanimous consent, the reading of 

the names was ~pensed with. :Mr. Down was announced as paired with Mr. MILLER, of Pennsylvania) on all political questions, until further notice. 

The vote was then announced as above recorded. 

ME SAGE FROM TH]j: SENATE. 

A message from the Senate, by lli. McCooK, its Secretary, announced 

the passage of a bill (S. 2233) for the relief of Lieut. John Hollins 

McBlair, in which concurrence was requested. 

The message also announced the passage without amendment of a 

bill (H. R. 3056) to constitute a bureau of navigation in the Treasury 

Department. 

LEGISLATJVE, ETC., APPROPRIATION BILL. 

Mr. HoLMAN's motion that the House further insist on its disagreement to the Senate amendments numbered 21, 24, and 25 was agreed to. 

ltlr. HOLMAN moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on tbe table. 

The latter motion was agreed· to. 

Mr. HOLMAN. I move that the House further insist on its disagreement as to Senate amendment numbered 27, and on that I demand the previous question. 

The previous question was ordered. 

The amendment was read, as follows: 

1 That the reports in the CONGRESSIONAL RECORD shall be an accurate transcript of the proceedings and the debates of the two Houses of Congress, and that no speech shall be published therein which was not spoken in the Senate or in the House of Representatives; and such speeches shall be printed a-S they were actually delivered, except verbal corrections ma.de by the author of the speech, and by no other person; and that when speeches are reserved by their author 

for correction they shall be returned to the Reporter of the House in which they were delivered within one week, and if not so returned they shall then be printed in the CONGRESSIONAL RECORD from the original notes of the Reporter. 

Mr. HOLMAN. I have moved to insist on disagreement to test the 

sense of the House. 

The SPEAKER. It does not cut off th,e motion to recede. 

Mr. ADiliS, of Illinois. I desire at the proper time to move to 

recede from the disagreement. 

'l'he SPEAKER. Now is the proper time to lllllke the motion. 

Mr. ADAMS, of Illinois. Then I submit that motion, that the House 

recede from its disagreement to this amendment of the Senate and agree 

to the same. 

Mr. WHITE, of Kentucky. Would it be in ortler to offer an amendment to this? 

The SPEAKER. Not with tbe demand for the previous question 

pending. If the previous question is voted, down, then it would be in 

order to ofter an amendment. 

1Y1r. WHITE, of Kentucky. Then I ask unanimous consent to make 

this suggestion, t)at if the previous question be not ordered I would 

offer this amendment: '' Provided, that this proposition shall not apply 

to speeches two pages long." [Laughter.] 

Mr. DAVIS, of Illinois. That is just what we want it to apply to. 

ltlr. HOLMAN. I demand the previous question. 

The previous question was ordered. 

The question was taken; and there were-ayes 60, noes 72. 

Mr. BAYNE. I demand the yeas and nays. . 

The yeas and nays were not ordered- nineteen members only voting 

in favor thereof. 

So the motion to recede was not agreed to. 

Mr. HOLMA.l'f. I now renew the motion that the House further insist upon its disagreement. 

The motion was agreed to. 

Mr. HOLUA._._~ moved to reconsider thevotebywhich theHousefurther insisted upon its disagreement; and also moved that the motion to 

reconsider be laid on the table. 

The latter motion was agreed to. 

.Mr. HOLJ\fAN. I now move that the House further insist upon its 

disagreement to the amendments of the Senate numbered 80 to 95 inclusiv-e, and upon that I call for the previous question. 

I am not certain but that perhaps it would be fair to divide that 

proposition, inasmuch as the amendment re]ating to the internal revenue, as well as the customs districts, is involved. 

I ask leave, therefore, to modify my proposition, and move that the 

House insist upon its disagreement to the amendments of the Senate 

numbered 80and 81, which cover the internal-revenue clause of the bill, 

and I ask that these amendments may ba read for the information of 

the House. 

The Clerk read as follows: 

Amendment numbered 80: Strike out in line 910 of the printed bill the word 

"seven " and insert " eight; " so that it will read : " For salaries and expen es of collectors and deputy collectors, $1,850,000." 

Amendment numbered 81 proposes to strike out the proviso, as follows: "Provided, That from and after the 30th day of June, 1884, there shall be no more than forty-three collection districts; and it shall be the duty of the President, 

and he is hereby authorized and directed, to reduce the internal-revenue districts to not exceeding the number aforesaid, in the manner heretofore provided 

bylaw." 

Mr. CANNON. I move that the House recede from its disagreement to these two amendmenf· of the Senate and agree to the same; 

and on that I would like to be beard for a few moments. 

1\lr. HOLJ\1AN. I withdraw the demand for the previous question, 

and yield five minutes to the gentleman from Illinois. 

1\Ir. CA.l'rn"ON. That will be sufficient time. I only want to call 

the attention of the House to the fact that these amendments of the 

Senate strike out the proposed legislation of the House reducing the 

internal-revenue districts from eighty-four to forty-three. 

Now, I do not want to talk about the merits of this proposition. I 

have fully discussed it, and it was fully discussed by other gentlemen 

w ben the bill was being considered by the House. As I recollect, the 

House, by a very considerable majority, however, proposed this legis1 tion. The Senate struck it out; and I think it is proper I should 

tate to the House, as I understand the fact to be, that the Senate is firm 

upon their amendment to strike out this proposed legislation. 

Wi tbout, therefore, going into the merits of the proposition or consuming the time of the House in that respect, I may be permitted to say 

that I believe the Senate is right and the House is wrong with reference to this matter. We are now, Mr. Speaker, in the last closing 

hours of this session of Congress, and the Senate took the position that 

the body which proposes legislation upon an appropriation bill should 

give way when the other bodydoes not assent and will notassent to it. 

I have taken occasion before on a previous bill to state that I believe 

this to be a sound proposition. We have acted upon it-heretofore in 

this Congress, and former Congresses have acted upon it. It is a wise 

rule for the settlement of these differences. Now, when legislation is 

proposed not upon an appropriation bill there is no coercion between 

the two Houses; but when it is proposed by either the House or the 

Senate upon an appropriation bill it presents avery different question; 

for if they can not agree, of course somebody must yield or else the bill 

will fail; and the practice, I state again, is that the body prop<>sing it, 

when that state of facts arises, should yield. I believe it is absolutely 

necessary in order that an agreement may be reached upon this bill 

that the House should yield this point; and in doing this it will only be 

in pursuance of the practice which has prevailed between the two Houses. 

Mr. HOLMAN. A single word in response to the gentleman from 

Illinois. The number of districts fixed by this bill when first reported to the 

House was sixty-three. The House reduced tbenumberto forty-three, 

twenty les.'3 than the• number :fixed by the committee. Of course it may 

be if the subject were further considered, and if forty-three should not 

be deemed a proper number, that a number less than the present number, and yet greater than forty-three, might be satisfactory to both 

Houses. I now demand the previous question. The previous question was ordered. 

The SPEAKER. The first question is upon the motion of the gen-
j 

6010 CONGRESSIONAL RECORD-HOUSE. JULY 3. 

tleman from illinois, that the House recede from its disagreement to 

the amendments of the Senate and agree to the same. 

The House divided; and there were-ayes 63, noes 62. 

Mr. HOLMAN. No quorum has voted. I call for tellers. 

The SPEAKER. The point of order being made that no quorum 

has voted, the Chair will appoint tellers. 

Mr. HOLMAN and Mr. CANNON were appointed tellers. 

The House again divided; and thetellersreported-ayes 71, noes82. 

So (further count not being called for) the motion was not agreed to. 

The SPEAKER. The question recurs on the motion of the gentleman from Indiana [Mr. HoLMAN] that the House further insist on its 

disagreement to this amendment. 

The motion was agreed to. 

l\Ir. HOLMAN moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ENROLLED BILLS SIGNED. 

Mr. NEECE, from the Committee on Enrolled Bills, reported that 

the committee had examined and found duly enrolled bills of the following titles; when the Speaker signed the same: A bill (H, R. 282) to reinstate Cornelius Fitzgerald on the pensionroll· 

A' bill (H. R. 555) granting a pension to John Galloup; 

A bill (H. R. 819) granting an increase of pension to Merritt Lewis; 

A bill (H. R. 836l granting a pension to John C. Fenscke; 

A bill (H. R. 837 granting a pension to Reuben J. Chewning; 

A bill (H. R. 943 granting a pension to Samuel Barnard; 

A bill (H. R. 1056) granting a pension to Honora Kelley; · 

A bill ~R. R. 1073) granting a pension to William J. Lee; , A bill H. R. 1077) granting a pension to Sarah Miner; 

A bill H. R. 1410) granting a pension to Henry Schnetberg, of Indiana, Pa.; 

A bill {H. R. 1436) granting a pension to William T. McCoy; 

A bill (H. R. 1569) granting a pension to Mrs. Mary M:. Ord, widow 

ofUaj. Gen. E. 0. C. Ord; 

A bill (H. R. 1894) granting a pension to Clark Roberts; 

A bill (H. R. 1930) granting a pension to Sarah Nicoll Crane; 

A bill (H. R. 1965) granting a pension to John A. Crozier; 

A bill (H. R. 2312) granting a pension to Almira B. Kaler; 

A bill (H. R. 2358) granting a pensiqn to James Hawkins; 

A bill (H. R. 2623) granting a pension to Arthur J. McConnell; 

A bill (H. R. 2984) granting additional pension to Apolline A. Blair, 

widow of the late General Francis P. Blair; 

A bill!H. R. 3171l granting a pension to Ella Stolz; A bill H. R. 3606 granting a pension to Irene Baker; 

A bill H. R. 3625 granting an increase ofpension to Levi Anderson; 

A bill H. R. 3909 granting a pension to George W. Wick.mire; 

A bill (H. R. 4368) granting an increase of pension to Dr. Samuel 

Davis; 

A bill (H. R. 44391 granting a pension to John R. Wallace; 

A bill!H. R. 4526 granting a pension to Mrs. Ann Corbin; 

A bill H. R. 4700 granting a pension to Simon E. Lewis: 

A bill H. R. 4970 for the relief of Mrs. Nancy Biser; 

A bill H. R. 5335 granting a pension to Mrs. Sarah E. E. Seelye, 

alias Franklin Thompson; 

A bill (H. R. 5485) granting a pension to Mrs. Samantha Harriman; 

A bill (H. R. 5636 for the relief of Otto Leissring; 

A bill (H. R. 5675 granting a pension to Mrs. Susan J. McKenney; 

A bill !H. R. 5723 granting a penSion to Isabella Bertha Weaver; 

A bill H. R. 5781 granting a pension to Solon L. Simonds; 

A bill H. R. 5795 increasing the pension of Charles A. Fnller; 

A bill H. R. 5821 granting a pension to Mrs. Susannah Barr; 

A bill H. R. 5976) for the relief of Catherine Meis; · 

A bill (H. R. 6085) granting a pension to John A. Ha~ll; 

A bill (H. R. 6168) granting an increase of pension to Capt. H. D. 

F. Young; 

A bill (H. R. 6184) granting a pension to Julia M. Reynolds; 

A bill (H. R. 6786) granting a pension to Rivers Banks. 

L.EGISLATIVE APPROPRIATION BILL. 

Mr. HOLMAN. Amendments numbered 82, 83, 84, 85, and 86 are 

the amendments of the Senate striking out the provisions which apply 

to the customs-collections districts. The conference on the part of the 

House have deemed it proper to report those amendments back to the 

House· so that the subject might be further considered, as the House 

might deem proper. And for the purpose of bringing the subject before the Honse for action, with a view to an expression of its judgment, 

I move that the House further insist on its disagreement to those 

amendments from 82 to 86 touching customs distticts. 

:Mr. CANNON. I move that the House recede from its disagreement to those amendments. 

These provisions that' the Senate strikes out propose to consolidate 

and reduce the number of customs districts with certain other legislartion. This matter was discussed to some extent in the House and 

quite fully in the Senate. It is useless for me at this late hour to 

go fully into the merits of the question. I must say, however, since 

the House acted upon it, I have upon some of those amendments 

changed my views. I was inclined to be for the amendments when the 

House placed them on the bill; but on further investigation I very seriously doubt their wisdom. I may say that in some respects, without taking the time of the House to state them, I am sati fied the proposed legislation would lead to very great abuses that none of us would 

be in favor of. But the same remark that I made in reference to the 

internal-revenue districts applies to these amendments. We propose 

to legislate, to change existing law upon this bill. The Senate proposes not to assent to that proposition. And I think it is the part of 

wisdom for us to recede; because I am satisfied that we will have to 

do it in the end under the practice between this House and the Senate 

and the temper of the Senate touching these amendments. 

Mr. THOMPSON. For more than ten years the Secretary of the 

Treasury has annually recommended Congress to take action similar to 

what. has been taken by the House on this appropriation bill; at last 

the House has agreed to his recommendation. He has told us exactly 

how much we can save, and we know his statements are true. The 

amount is about a million and a half less than the appropriations that 

were made last year. · 

Mr. LONG. The gentleman surelt does not mean that. 

Mr. THOl\IPSON. I mean exactly that. 

Mr. LONG. The Secretary says it will save an amount less than 

400,000. 

Mr. THOMPSON. He says it is a million and a half of dollars less 

than was appropriated for these expenses last year. 

Mr. CANNON. There was nothing appropriated last year. 

Mr. THOMPSON. I say exactly what the Secretary says. 

Mr. CANNON. If the Secretary says that, he is mistaken, because 

this is a permanent appropriation. I think the gentleman is mistaken. 

Mr. THOl\IPSON. It is made up of two classes. There is an appropriation of $2,750,000 semi-annually made, and there are also the 

fees which arise out of these very acts which are repealed and which . 

are turned into the Treasury, amounting to over $7,900,000. And 

this is a million and a half of dollars less expense than the amount of 

these fees and these two semi-annual appropriations. 

For ten years the Secretary has recommended that this change should 

be made, and now the Hous-e has agreed to his recommendation. He has 

gone over this subject carefully. He has considered it time and again. 

He has had his expert accountants go and inspect every customs district in this country with the salary and pay of every employe. He 

has gone to the expense in the last two years of having every line in these 

districts mapped out, and has furnished us a map to correspond to the 

sixty-nine districts provided in this bill. 

We only comply with his demands, time and again repeated to us. 

This is a non-partisan view to take of this subject. The customs collection districts as laid down by him do not affect any party. It is a 

pure question of business economy. The President in his last message, 

accompanying the recommendation of the Secretary of the Treasury, 

tells us that the present number of districts is not needed except for local pride, except as members of Congress want to aggrandize themselves 

and ag.,crrandize their districts by having useless ports of entry established in them, and large public buildings erected and maintained at 

an enormous expense with all the coterie of useless officeholders about 

them, and unless we intend to carry out that policy and to maintain 

these districts from this time on we should agree to the legislation 

which has been made to us. In twenty-two of these districts we are 

told that not one dollar has been collected for the last ten years; that 

we have not only custom-house offices provided for them, but expensive buildings maintained at great cost to the Government, and unless 

we intend to keep np these useless districts which for ten years have 

not paid a dollar into the Treasury we must take this or some similar 

action. 

The President tells us furthermore that there are thirty-odd districts, 

besides the twenty-two in which nothing has been collected for ten 

years, which pay less money into the Treasury than is annnally ~­

pended in· collecting the revenue there. Take the district of Evansville, Ind., for instan.ce. We have there erected a custom-house at a 

cost of over 360,000, and we keep there a janitor to take care of the 

building. Yet for the last ten years, since the custom-house was 

erected, not a dollar has been collected in that district and paid into the 

Treasury. . Mr. SPRINGER. And never will be. 

:Mr. THOMPSON. And there never will be a dollar collected there. 

Yet that is one of the class of custom-house districts that we are called 

upon to maintain. I say that the House is right in this thing. We 

know we are right. We have done this upon the recommendation of 

the Secretary of the Treasury, who has given it ten years of thought--

not only the present occupant of that office but his predecessors-and 

after the most thorough and exhaustive investigation which he has 

made by mea of experts--

Mr. MORSE. A.ud a special commissioner appointed to investigate 

the subject. 

l\Ir. THOMPSON. And he has appointed special commissioners to 

investigate the matter. Yet with this recommendation staring us in 
1884. CONGRESSIONAL RECORD-HOUSE. 6011 

the face, we are now aaked to maintain these useless districts at an 

-enormous expense to the people. 

l\Ir. KASSON. Will the gentleman allow me a word right there? 

Mr. THOMPSON. Certainly. 

Mr. KASSON. This question waa before the Committee of Ways 

and Means, but without any formal action taken upon it. I for one 

regard the error of this amendment to be in the imperative chara-cter 

-of it. Instead of authorizing and directing the Secretary of the Treasury 

to reduce the number of these districts so far aa compatible with the 

public interest, which will enable the interests specially affected to 

have a hearing before him, and which will also enable members of Congress to have a hearing before him and to state all the facts within 

their knowledge, and not 1 eave him to depend entirely upon the reports 

of agents, you have imperatively demanded a reduction of the districts 

to this particular number. 

If the proposition waa to give the Secretary of the Treasury authority 

to reduce the collection districts to a number not less than that named 

here, I think myself that the Senate ought "0 agree to give him a certain amount of discretion. Bnt in the Committee on Ways and Means 

we have always found that there were questions of safety of revenue 

which were quite aa important aa the amount of revenue collected. 

Therefore I waa opposed to this matter being taken up by the Committee on Appropriations, and trusted that they would wait until the 

Committee on Ways and Means had made some recommendation on the 

subject. 

Mr. THOMPSON. In reply to what haa been said by the gentleman from Iowa [lli. KASSoN] I will state that the Secretary of the 

Treasury is in charge of the revenue, and so far as we know he would 

not surrender any of his power or any of his ability to collect the revenue authorized to be collected by law, and would not in any way endanger the collection of the revenue. He is charged with the responsibility of collecting the revenue; he is clothed with the power to 

collect it and we furnish him with the force for that purpose. Yet he 

tells us that we are cramming down his throat an unnecessary force to 

&eeomplish the objectswhichhe wants to accomplish. He tells us that 

he will have power enough, after this consolidation, to collect every 

eent of the revenue. 

What good does the district at Evansville, Ind., do? What good 

do the eight districts in Maine do? What good do the five districts in 

Massachusetts do? Why should we continue them when the Secretary of the Treasury says that he can collect the revenue without those 

districts? He has investigated the subject fully, and certainly ought 

toknow what he is talking about. I refer not only tothepresentSecretary of the Treasury, for we do not rely upon him alone, but to every 

previous Secretary for ten years. They have all insisted upon this reduction. 

I have carefully looked over the debates in the Senate upon this subject, and I fail to find any good reason assigned by any Senator for retaining the present number of districts. I fail to find any reason aasigned except one which was assigned by a Senator, and that was that 

it would abolish some of the districts mhis State, the continuance of 

which would possibly be a benefit to him, and therefore he did not desire to have them abolished. 

l\Ir. KASSON. I think the gentleman will agree with me that prior 

Secretaries of the Treasury have not named any precise number, though 

they have recommended consolidation of districts. I believe that 

some districts ought to be consolidated; but l doubt the propriety of 

intrusting to any one man a practical repeal of the legislation of Congress. 

l\fr. THOMPSON. This is not a repeal. 

Mr. KASSON. Certainlyitis. Whereadistrictisesta.blishedbylaw 

you propese that this officer of the Government shall abolish it; where 

a building has been erected you propose that he shall abandon its use. 

· Mr. THOMPSON. So far as that matter is concerned, I wish tosay 

this is no new step. This measure does not invest the Secretary of the 

Treasury or the President with any extraordinary power. Are the customs collection districts more sacred in the estimation of the House and 

the cou!ltry than the internal-revenue districts? Yet the President 

has had the power ever since the formation of the internal-revenue districts to abolish them, to reduce them, to consolidate them, or to re~ 

arrange them at any time according to his discretion. More than that, 

he has exercised this power; he has exercised it judiciously within the 

last twelve months. 

I know it is contended-it baa been contended elsewhere--that we 

invest him with extraordinary power-the right to name the ports of 

entry. It has even been urged thatsuchameasureisunconstitutional; 

that ports of entry can only be established by ~ts of Congress. I coneede it has been the rule heretofore that every port of entry should be 

specially established by act of Congress; and that is the reason there 

bave been so many useless ports of entry. 

If now you should leave it to the discretion of the President to reduce the number of these ports of entry as he might see fit, he would 

be overwhelmed by Representatives and Senators demanding that the 

reduction should be made in somebody else's district; that their par- ticular ports of entry should be spared. · But before this pressure is brought to bear to swerve him from what 

he knows to be right, to prevent him from looking at this matter from 

a purely business standpoint and not from a political point of view, he 

:haa framed a plan with the districts marked out, with their respective 

ports of entry; and no reason baa been given to us, no reason has been 

given elsewhere in the debate upon this subject, why we should not 

conform to this reasonable recommenda~on. 

He baa gone further than his predecessors in this matter. They recommended reduction; but he has shown us where the reduction can be 

made. Through his commissioners he has examined into the accounts 

of every one of these districts; he has given us the name of every officer and employe; he has shown every dollar collected, and he has pointed 

out where consolidation and reduction can take place; he has shown 

how this can be done, and at the same time every dollar of revenue be 

collected and the service maintained with the same efficiency as at present, affording equal facility for importation and for exportation. 

Mr. SPRINGER. How many office-holders will be legislated out of 

offiGe if this proposed change be made? 

Mr. THOMPSON. No great number under this bill. The saving 

of money will arise largely in other wa..ys-not so much from dispensing with office-holders as from the saving in rents and from the reduction of expenses in connection with the warehousing system. If I recollect aright only two hundred to three hundred officers and employes 

will be eliminated from the service by this legislation. There is no 

great reduction in the number of officers. Yet the demand is made 

that we shall retain them all. 

This is purely a business transaction. It is in this light that the Secretary of the Treasury calls your attention to it. There is little or no 

politics in this question. 

l\1r. BRECKINRIDGE. Does the Secretary of the Treasury specify 

this exact number-sixty-nine? 

Mr. THOMPSON. Sixty-nine is the exact number fixed by the Secretary of the Treasury. If you will turn to the last annual message of 

the President of the United States, in which the recommendation of the 

Secretary of the Treasury is incorporated, you will find that the number there mentioned iS' sixty-seven. But since thatrecommendationit 

has been found necessary, on a-ccount of the completion of two railroads ' 

in Oregon, that two ports of entry should be established there; and for 

this reason the recommendation has been modified and those two additional districts recommended. [Cries of ''Vote ! '' ''Vote ! ''] I am 

willing that the House shall vote upon this question at once; but I hope 

that the provision now under discussion will be insisted upon, because, 

as I believe, it is wise legislation and in the interest of economy. 

Mr. HOLMAN. I rise for the purpose of calling the previous question, but before doing so I wish to call the attention of the gentleman 

from Kentucky [Mr. THOMPSON] to the fact that this is not so much a. question of districts as it is a question of ports of entry. The provision 

is that the President shall fu: the boundaries of each reorganized district 

and designate the ports of entry therein. 

My friend will see that coupled with the provision which requires the 

Secretary of the Treasury to report in his regular estimates the estimates necessary for appropriations to carry on the customs system involves the whole matter. It is that provision numbered 86. That is 

the important one. It bas been shown to us that is a law which was 

enacted last Congress, and regular estimates will come down in December for it. 

I wish to say further that, inasmuch aa there will be a further conference between the two Houses, it would seem proper these amendments should go to that conference, and therefore I hope, without objection, the motion made that the House further insist will be adopted 

on these several propositions. I demand the previous question. 

The previous question waa ordered. 

Mr. CANNON's motion to recede was disagreed to. 

Mr. HOLMAN's motion to in5ist was agreed to. 

Mr. HOLl\1AN moved to reconsider the vote last taken; and also 

moved that the motion to reconsider be laid on the table. 

. The latter motion was agreed to. 

Mr. HOLMAN. The next amendment is the eighty-se~enth amendment, and I move that the House further insist on its disagreement. 

The Senate strike out the entire provision touching the small distillers. 

Inaamuch as the other amendments have to go to a conference if one shall be appointed, I think I would ask the House to let this proposition go-also. I will make the motion on this one, the eighty-seventh, 

and demand the previous question. 

M:r. WHITE, of Kentucky. Let it be read. 

The eighty~seventh amendment was read, aa follows: 

Strike out "one hundred and sixty-four" and insert "three hundred;" so it will read: 

For salaries and expenses of agents and surveyors, for fees and expenses of gaugers, for salaries of storekeepers and for miscellaneous expenses, $2,300,000. 

[Cries of'' Vote!"] 

Mr. HOLl!IAN. I find the important amendment is numbered the 

eighty-eighth. I hope by unanimous consent the vote will be taken on 

both. 

Mr. CANNON. I ask for a separate vote. 

Mr. HOLMAN. Then as to the first I move the Honse insist on its 

disagreement. 
6012 CONGRESSIONAL RECORD-HOUSE. JuLy 3, 

Mr. CANNON. Very well; I agree the vote shall be taken on both 

amendments. 

Mr . . HOL~UN. They constitute but one amendment. 

Mr. WHITE, of Kentucky. Let it be read, reserving the right to 

object. 

-The eighty-eighth amendment wns read, as follows: 

Strike out the following: "(88} That the Secretary of the Treasury shall exempt all distilleries which 

mash ten bushels of grain or less per day from the operation of the provisions 

of title 35 of the Revised Statutes, relating to the manufacture of spirits, except as to payment of the tax; and said distilleries shall be run and operated with- out storekeepers; and aid Secretary may exempt any distillery or all di tilleries which mash twenty-five bushels of grain per day from the operation of 

the provision of said title relating to the manufacture of spirits, except as to the 

payment of the tax; and any distillery so exempted shall be run as fruit distilleries are now operated : Provided, That special warehouses may be establi bed 

by the Secr.etary of the Treasury, in which he may cause to be deposited the 

product of any number of said distilleries, to be designated by him by his order, 

and in which any of said distillers may deposit his product, and when so deposited shall be subject to all the laws and regulations as to bonds, tax, removal, 

and otherwise as is now provided by law for other warehouses." 

Mr. WHITE, of Kentucky. Before the vote is taken I should like 

to be heard. · 

Mr. HOLMAN. I move to insist on the disagreement to both amendments. How· much time does the gentleman from Kentucky want? 

Mr. WHITE, of Kentucky. Five minutes. [Cries of "Vote!"] 

Mr. HOLMAN. I will yield for three minutes. 

~Ir. WIDTE, of Kentucky. The gentleman from Indiana alluded to 

this proposition when he first addressed the House. It is to this latter 

motion I desire to call the attention of the House. They may go both 

together, but it is the last part of the proviso which is the most objectionable, in that amendment. The whole amendment may be objectionable but I desire the attention of the House to the last part of it, 

the proviso there which requires the Secretary of the Treasury to designate a specially appointed warehouse to which the small distillers, for 

whom the first partoftheamendmentseemsspecially intended a agratuity, shall bring their whisky. 

And it will lead to more moonshine distilling tha.n all the laws that 

ha:ve ever been made upon the statute-bookswith reference to this subject, for it practically prohibits the man from carrying on his business 

at all according to law unless he can mash ten bushels of grain per day 

and upward. The result will be to induce illicit distilling all over the 

country. 

I can not, of course, state what was the object of the mover of this 

proposition, but whether it was the intention or otherwise that will 

be the effect of it. Besides nothing could have been enacted more for 

the benefit of the large distillers, those who make fifty or five hundi·ed barrels a day, than this last proviso which the Senateha stricken 

out. It is but another link in the long chain which the large distillers 

have been throwing around the law-mn.king powers of the Government to enable them to pile up whisky in bond on which they now 

have three years' time, seven and a half gallons allowed to them for 

leakage on every barrel of forty gallons, without payment of interest, 

without any payment of stamp tax, and no payment at all of tax in 

faet, because they are privileged to take it out of bond and export it 

and put new whisky in its place as soon as it is made. They are thus 

entitled to all of the benefits and the Government is the loser. 

Now, if you want to encourage the piling up of this product in bonded 

warehouses and increase the power of this gigantic monopoly Rnd give 

it greater weight and force upon the legislative bodies of this country, 

a monopoly that has raised over 700,000 at one time to be used in 

carrying elections in Indiana, Iowa, Ohio, and other States, all you 

need to do is simply to incorporate that proviso in the bill. I have 

fully discussed this matter at another time, and I ask a division of the 

question here now. I hope the House will recede. · 

.M:r: THOMPSON rose. Mr. HOLMAl.~. If the gentleman from Kentucky desires to be heard 

I will yield to him for three minutes. 

Mr. THOMPSON. I would not occupy a momentofthetime ofthe 

House at t.his late hour and in opposition to the manifest inclination of 

the Honse to come to a vote at once upon this matter if it were not for 

the f.wt that I was the author of the amendment and think it due to 

the House that an explanation of it should be given, which I will endeavor briefly to do. It is not by any means subject to the interpretation given to it by the gentleman frolll"Kentucky who has just taken 

his seat. 

I desire the House to understand this whole question before the vote 

is taken. Up to 1 6 we had nothing but these special bonded warehouses. The whisky was manufactured and put into the bonded warehouses by the Government, and storekeepers were appointed for each 

in accordance with the then existing law. 

In 1868 this law was modified, and a storekeeper was appointed and 

put into every distillery, whether it was great or small; and this law 

also compelled the distiller to pay the salary of the storekeeper out 

of his own pocket, which payment was at the rate of $4 a day and was a heavy tax upon the small distillers. It was so harsh a.nd unnatural, so unjust and exacting upon the smaller distillers, those who were running on small capacity, mashing less than ten bushels per day, that 

:::nbsequently Congress interfered and made provision for the payment 

of the storekeepers out of the general fund of the Government; but it 

increa ed at the same time the tax upon whisk7 from 50 cents to 7() 

cents by a consolidation of the barrel-tax and various other sma.i.l taxes 

upon the distillers, raising the whole amount to 70 cents, and as I 

have said made the salaries of the storekeepers payable out of the public Treasury instead of by the distilleries. 

That relieved the little distilleries from their re ponsibility and there 

grew up all over the country innumerable small distilleries at each of 

which the Government paid from 1,200 to $1,500 a, year salary to the 

storekeepers. Out of this an abuse grew in the nature of thing , because this amount of salary was frequently divided between the distiller and the storekeeper, while the Government got no part of the tax; 

and in fact many of the larger distilleries throughout the country divided themselves up into smaller distilleries, mashing from three to five 

bushels a day, so as to have the advantage of the storekeeper and the 

salary; and therefore insten.d of consolidation you simply multiplied 

the offices and the expenses to the Government. 

Now, the object of this amendment is to put the small grain distillers 

exactly on the same footing as the fruit distillers are without storekeepers. The fruit distiller is compelled to pay his tax at the end of 

sixty days after the manufacture of the product. This would compel 

the small grain distiller, if that provisiOn was not incorporated in the 

bill, to pay cash at once on the manufacture of his whisky, whereas 

by that provision he can put it in the warehouse. 

The SPEAKER. The time of the gentleman from Kentucky has 

expired. 

Mr. THOMPSON. I would like to finish my sentence. 

Mr. WHITE, of Kentucky. Will my colleague yield to me for a question? 

The SPEAKER. The gentleman's time has expired. 

Mr. WIDTE, of Kentucky. I desire to ask if it is not true that there 

is this difference between the fruit and grain distillers--

The SPEAKER (rapping with his gavel). The gentleman from 

Kentucky is not in order. [Cries of "Vote!" "Vote!"] 

Mr. CANNON. I ask the gentleman from Indiana to yield to me 

for a .moment. 

l\Ir. HOLMAN. I hope my friend will not object to non-concurrence 

on this amendment. 

Mr. CANNON. I do not desire to argue the merits, but I wish ro 

call the attention of the House to one or two facts in connection with 

the matter. [Cries of '' Vote ! '' '' Vote ! ''] Gentlemen say '' let us vote.' It would hasten legislation, I think, if the House would take 

three or four minutes to consider this m,1.tter. ~ 

Mr. HOLMAN. How much time does the gentleman de ire? 

Mr. CANNON. Two minutes at the outside. 

Mr. HOL~N. I yield the gentleman two minutes. 

Mr. CANNON. I want to state that the .House has concurred in a later amendment1\Ir. THOMPSON. I riseto a question of order. I wanttofinish the 

statement I was making. 

The SPEAKER. The tim~ of the gentleman from Kentucky [Mr .. THOl\1P ON] had expired. 

Mr. WHITE, of Kentucky. I ask unanimou consent that my colleague be allowed two minutes more. [Cries of "Regular order!") 

It would faeilitate matters very much to allow the gentleman to speak 

on this subject. He understands it. If my colleague does not understand his side of this subject, nobody does. 

The SPEAKER. The gentleman from Indiana has yielded tw() 

minutes to the gentleman from Illinois [Mr. CANNON] who is now on 

the floor. 

Mr. CAN~ON. Later on in this bill the House has consented ro an amendment, and the Senate also, fixing the pa.y of storekeepers at 

distilleries of twenty bu hels or less registered capacity at 2 per day . 

That cuts down their compensation one-half or more. Now I want ro 

say to the House that the pending propo ition in the bill is one on which 

in my judgment the House ought to recede. It will increa e these 

small distilleries by the thousands. I do not think any of u.s want t() 

do that, and I believe we ought to agree with the Senate on thi ~atter. 

The SPEAKER. The gentleman from illinois [Mr. CANNON] 

moves that the House recede from its disagreement to these amendments and agree to the same; and the gentleman from Indiana [Mr. 

HoLMAN] demands the previous question on the pending motion. 

The previous question was ordered. . The SPEAKER. The question is on the motion to recede. 

The House divided; and there were-ayes 48, noes 56. 

So (further count not being called for) the motion was not agreed to. 

The SPEAKER. The question recurs on the motion of the gentleman from Indiana [Mr. HOL3IAN] that the Hotise fnrtherinsi t ou its 

disagreement to the Senate amendment.c;, numbered 87 and 

The motion was agreed to. 

1\!Ir. HOLMAN moved to reconsider the vote just taken; and als() 

moved that the motion t,o reconsider be laid on the table. 

The latter motion was agreed to. 

Mr. HOLMAN. Amendments 8D, 90, 91, 92, 93, 94, and 95 are the 

remaining amendments connected with the internal revenue. Amendment 93 is the one which increa es the numher of special agents from 
• 

1884 CONGRESSIONAL RECORD- HOUSE. 6013 

five, as fixed by the House, to twenty-five. That is perhaps the most 

important of these amendments. 

While conceding that on a portion of those propositions the Hou e 

might well yield, there are one or two at least which ought to be insisted on. But they have all to be considered together, to make the 

action of any body of conferees effective. I, therefore, move that the 

Hou e further insist on its disagreement to amendments from 89 to 95 

inclusive, and hope the House will, without objection, let the subject 

go to the same conferees to which the other provisions shall go. I hope 

my friend from Illinois will not object to that. 

.M:r. CAl.~NON. I want to say a word. If I had known the House 

was to formally insist upon itS disagreement I should not have detained the Hou e. I was verdant enough, however, to uppose when we commenced to· consider these disagreements they would be consider~ with a view to getting at the right action to be taken by the House 

With regard to each. But a the gentleman insists that each and all 

()f them as they are shall go to the conferees, and as hi side of the 

House is disposed to sustain him in that action, I will withdraw all 

further opposition. · 

Mr. HOLMAN. The gentleman from Illinois will find that this action is not so entirely formal. I have not detained the House for the 

purpose of going into the details and pointing out what I think the 

Hou e should insist upon. But I feel that all these amendments standing together as they do the disagreement between the two Houses as 

to them should be insisted on, and they should go to a conference not 

.as a matter of form, but as a rna~ of substance as to most of them· 

not all of them, but most of them. They all stand together. I callfo; 

the previous question. . 

The previous question was ordered. 

The SPEAKER. Is it desired to have the amendments reported? 

Several MEMBERS. Oh, no ! 

The S~EAKER. The question is on the motion of the gentleman 

from Indiana that the House further insist on its disagreement to the 

.amendments of the Senate numbered 89 to 95, inclusive. 

The motion was agreed to. 

Mr. HOLMAN moved to reconsider the vote just taken· and also 

moved that the motion to reconsider be laid on the table. ' 

The latter motion was agreed to. 

1\fr. HOLMAN. Now, as to the amendments from 205 to 212 the 

motion I make is merely a formal one. If before this report com~ in 

the Senate shall finally ascertain that the Mexican pension bill can not 

pass, then of course the Senate will recede and that is the end of it. 

:Mr. HEWITT, of Alabama. Is that the provision in reference to 

the Mexican war pensions? · 

Mr. HOLMAN. It is. 

Mr. HEWITT, of Alabama. What is the amount? 

Mr. HOLMAN. It amounts in all to about $206,000. 

Mr. HEWITT, of Alabama. If that bill passes I will state to the 

;ge~tleman that it will require at least $50,000,000 more to be appropnated. 

~fr. HO L~. T?~ gentleman from Alabama is tal.1..--ingabout quite .a different thing. This IS only for the personnel of the Pension Bureau· 

nothing more. I therefore call the previous question. ' 

The previous question was ordered. . 

The S~EAKER. The question is on the motion of the gentleman 

from Indiana that the House further insist on its disagreement to the 

.amendments indicated. 

The motion was agreed to. 

Mr. HOLMAN moved to reconsider the vote just taken· and also 

moved that the motion to reconsider be laid on the table. ' 

The latter motion was agreed to. 

Mr. HOL~. . ~it~ a view of reaching an agreement by the two 

Houses, and m antiCipation of the action of the Senate, if it is proper 

I move that the House request a further conference on the disagreeing 

votes of th~ two Houses on the amendments of the Senate to this bill. 

The motion was agreed to. . . 

The SPEAKER announced as the conferees on the part of the House 

Mr. HoLMAN, Mr. HANCOCK, andMr. CANNON. 

Mr. HERBERT. I move that the House now adjourn. 

ENROLLED BILL SIGNED. 

Pending the motion to adjourn, 

Mr. NEECE, from the- Committee on Enrolled Bills reported that 

the .comJ?ittee had examined and found truly enrolled bills of the followm~ titles; when the Speaker signed the same: 

A b~ (H. R. 254) granting a pension to John Robbins· 

A b~ (H. R. 1406) granting a pension to :Mrs. Mary T.' Barnes; 

A b~ (H. R. 2105) granting a pension to John A. Shuckers; 

.A bill (H. R. 2702) granting a pension to Mrs. Ellida I. Middleton, 

Widow of the late Rear-Admiral Edward Middleton United States 

Navy; ' 

• A b~ (H. R. 3591) for th~ relief of. Sarah A. Becktel; · 

A b~ (H. R. 3737l granting a pensiOn to Ann McLaughlin· 

A b~ H. R. 4767 gr~~g a p~nsion. to.Ma.IJ: A. Henry; ~nd .A bill ~H. R. 6370 to hmit the time Within which prosecutions may 

be instituted against persons charged with violating internal-revenue 

laws. 

LEAVE TO PRINT. 

Mr. HENLEY asked leave to print in the CONGRESSIONl\LRECORD, 

as a part of the debates of the House, some remarks prepared by him 

on the abject of Government land grants. 

Mr. VAI .... E..l""TINE objected. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. WARNER of Ohio, to attend the Chicago convention. 

To Mr. THRO KMORTON" for ten days, ·commencing with July5. 

To Mr. STOCK LAGER for the remainder of the session, on account 

of important business. 

To Mr. E:rotENIROtJI, for one week. 

To Mr. Po T, of Penn yl-.ania, for one week. 

ORDER OF BUSINESS. 

The SPEAKER. The question is on the motion of the gentleman 

from Alabama [Mr. HERBERT] that the House now adjourn. 

Mr. WHITE, of Kentucky. I rise to a question of order. 

The SPEAKER. The gentleman will state it. , 

Mr. WHITE, of Kentucky. What is the order of the House about 

the hour of meeting to-morrow? Do we meet at 9 o'clock? 

The SPEAKER. That is not a question of order. 

Mr. WHITE, of Kentucky. I make that parliamentary inquiry. 

The SPEAKER. TheHouse has ordered that the session of to-morrow shall begin at 9 o'clock a. m. 

~fr. WHITE, of Kentucky. If the House shall adjourn now will it 

not virtually put u back to where we were yesterday when w~ began 

on the Mexican pension bill? 

TheSPEAKER. ItwUL 

1\fr. WHITE, of Kentuck7. Then I ask the gentleman from Alabama [Mr. HER~ERT] to withdraw his motion to adjourn, and yield to 

me to make a motion that the House now take a recess until five minute 

before 9 o'clock to-morrow, o as to leave the Mexican pension bill in 

statu qtw. 

Many MEMBERS. Regular order ! 

The SPEAKER. The regular order is the motion to adjourn. 

1\Ir. WHITE, of Kentucky. I move that the House now take a recess. ' . 

The SPEAKER. The motion to adjourn takes precedence. 

1\fr. RANDALl... And it requires a quorum to take a recess. 

The SPEAKER. Certainly. 

. The question was taken on the motion toadjourn; and upon a divisJon there were--ayes 40, noes 25. 

Before the result of the vote was announced, 

Mr. WIDTE, of Kentucky, called for tellers. 

A MEMBER. Do you want us to stay here all night? 

:Mr. WHITE, of Kentucky. I am willina to stay all night to pas<J 

that bill. 0 

The question was ta.ken upon ordering tellers, and there were 17 in 

the affirmative. 

The SPEAKER. Not a sufficient number. 

1\Ir. WHITE, of Kentucky. Count the other side. 

The SPEAKER. There is no "other side" upon ordering tellers . 

The rule of the House requires one-fifth of a quorum to order tellers 

which is a fixed number, 33. ' 

So (the affirmative not being one-fifth of a quorum) tellers were not 

01·dered. 

, The motion of~· HERBERT was agreed to; and accordingly (at 12 

o cl?ck and 35 mmutes a.m., Saturday, July 5) the House adjourned 

until 9 o'clock a. m. Saturday. 

PETITIONS, ETC. 

The following petitions and papers were laid on the Clerk's de k, 

under the rule, and referred as follows: 

B~ 1\Ir. BAYNE: Petition. of soldiers of Allegheny, Pa., relative to 

pensiOns, &c.-to the Comnnttee on Invalid Pensions. 

By 1\Ir. B01!TELLE: Petition of Douty Post, No. 23, Grand Army 

of the Repu~hc, Department of Maine, in regard to pensions-to the same committee. 

B~ Mr . . BRE~TS: The pape!s relating to the bill H. R. 4365, to autho~e th~ Sellingham Bay Railway and Navigation Company to build 

certam bndges, wharves, and docks in Washington Territory-to the 

Committee on Commerce. · 

By ¥r. CLAY: Petiti~n relating to the claim of Benjamin Lynch for a pension-to the Comm1ttee on Invalid Pensions. 

By 1\Ir. CALKINS: Petition of Jeffersonville Post, No. 86, Grand 

Army of the Republic, to make section 1754 Revised Statutes effective 

&c.-to the Committ.e on the Revision of the Laws. ' 

By 1\Ir. CONVERSE: Resolutions ofthe Board of Trade of Columbus 

Ohio; also the petition of John Beatty and 723others business men and 

business firms, praying that an additional story b~ built on the Gov-
6014 CONGRESSIONAL RECORD-SENATE. JULY 4 

ernment building at Columbus, Ohio, and that the limit of costs be 

extended $150, ooo-to the Committee on Public Buildings and Grounds. 

By Mr. I. N. EVANS: Petition relating to the pension claim of 

Christian B. Schively-to the Committee on Invalid Pensions. 

By Mr. FORNEY: Petition of Christian F. Beyer, for an increase of 

pension-to the same committee. 

By MI. GEDDES: Petition of A. B. Smith and 75 others, citizens of 

Bellevue, Huron County, Ohio, for the passage of the Lovering billto the same committee. 

By Mr. GEORGE: Petition of citizens of Douglas County, Oregon, 

asking for the passage of the Blair educational bill-to the Committee 

on Education. 

By Mr. HART: Petition-of Capt. Charles F. King~to the Committee 

on Military Affairs. 

By :Mr. T. J. HENDERSON: Petition of John E. Keyes and 51 

others, soldiers of Henry County, Indiana, as to certain pension laws, 

&c.-to the same committee. 

By l\Ir. HOLMES: Petition of J. G. Miller Post, No. 67, GrandArmy 

of the Republic, Boonesborough, Iowa, for the passage of H. R. 6463 

pensioning all soldiers of the late war-to the Committee on Invalid 

Pensions. ~l\Ir. LAIRD: Petition of C. R. Ballard and others, of Grafton, 

Nebr., praying for the passage of the Lovering bill (H. R. 6463) granting a pension to all honorably discharged soldiers, sailors, and marines 

of the late war-to the same committee. 

By 11!1:. MAYBURY: Petition of Lawrence Dalton, postma-ster of the 

House of Representatives, for further provisions for the pay of clerk employed in his office, &c.-to the Committee on Accounts. 

By Mr. MORRILL: Petition of Hon. Sol Miller, of Troy, Kans., and 

60 others, asking for the passage of the Lovering bill-to the same committee. 

By Mr. CHARLES O'NEILL: Petition of Post No. 2, Grand Army 

of the Republic, asking an appropriation for a national cemetery near 

Philadelphia-to the Committee on Military Affairs. · 

By Mr. PERKINS: Papel'f? relating to the pension claim of James 

Smith Peters-to the Committee on Invalid Pensions. 

By Mr. ROBERTSON: Petition of sundry citizens of Grayson County, 

Kentucky, praying that a pension be granted to William Webster; also, 

of E. Hubbard and others, of Ohio County, Kentucky, praying for an 

increase of pension to Samuel K. J. Jones-severally to the Committee 

on Invalid Pensions. 

By Mr. STEELE: Petition of Ellis First, Hiram Brown, and 120 

others, citizens of Warren, Ind., asking that all soldiers of the late war 

above the age of forty-nine be placed on the pension-roll-to the same 

committee. 

By Mr. A. J. WARNER: Petition of John F. Camp and others asking that a pension be granted to Fernando Connor-to the same committee. By l\Ir. WILLIAMS: ' Petition of H. L. Bullard, W. A. Downs, J. 

A. Bolley, and others, citizens of Elmore County, Alabama, praying for 

the passage of the educational bill-to the Committee on Education. 

By Mr. YAPLE: Petition of Benjamin Heckert, R. W. Noyes, and 

others, members of Brodhead Post, No. 31, Grand Army of the Republic, Department of Michigan, relative to pensions, &c.-to the Committee on Invalid Pensions. 

SENATE. 

FRIDAY, July 4, 1884. 

The Senate met at 11 o'clock a.m. Prayer by Rev. E. G. ANDREWS, D. D., of Washington, D. C. 

The Secretary proceeded to read the Journal of yesterday's proceeding's, when, on motion of Mr. :MoRRILL and by unanimous consent, 

the further rea-ding was dispensed with. 

READING OF DECLARATION OF INDEPENDENCE. 

The PRESIDENT pro tempore. The special order adopted by the 

Senate yesterday Will be read. 

The Chief Clerk read as follows: 

Resolved, That the Senate will meet at the usual hour on Fridayhthe 4th day 

of July in ·tant, and, after the reading of the Journal and before ot er business 

is done, the Secretary of the Senate shall read the Declaration of American In- dependenee. 

The PRESIDENT pro tempore. Pursuant to this special order the 

Secretary will now read the Declaration of American Independence. 

The Secretary (ANSON G. McCooK) thereupon read the Declaration 

of American Independence. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Ur. CLARK, its 

Clerk, announced that the House had concurred in the reports of the 

committees of conference on the disagreeing vo~ of the two Houses on the following bills: 

A bill (H. R. 4383) to relieve certain soldiers from the charge of desertion; and 

A bill (H. R. 4996) to authorize the location of a branch home for 

disabled volunteer soldiers and sailors in either of the States of ~­ kansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska. 

The message· also announced that the House had non-concurred in 

the amendments of the Senate to the bill (H. R. 5709) to amend article 

72 of the Rules and Articles of War, agreed to the conference asked by 

the Senate on the disagreeing votes of the two Houses thereon, and had 

appointed Mr. W. S. ROSECRANS of California, MI. ROBERT M. MURRAY of Ohio, and 111r. THEODORE LYMAN of Massachusetts managers 

at the conference on the part of the House. 

The message further announced that the House had directed the return to the Senate of the bill (H. R. 2185) for the relief of Rosa Vert- ner Jeffrey and others. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the President pro tempore: 

A bill (S. 1581) to provide for the disposal of abandoned and useless 

mill tary reservations· 

A bill (H. R. 5377) for the allowance of certain claims reported by 

the accounting officers of the United States Treasury Department, and 

for other purposes; and 

A bill (H. R. 6409) to validate and cure defects in certain acts of the 

Legislative Assembly ofWashington Territory. 

GENERAL DEFICIENCY APPROPRIATION BILL. 

Mr. HALE submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7235) "making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 

1884, and for prior years, and for those certified as due by theaccouuting officers 

of the Treasury in accordance with section 4 of the act of June 14,1878, heretofore paid from permanent appropriations, and for other purposes," having met, 

after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate r ecede from its amendments numbered 12, 13, 14, 17, 20, 23, 40, 52, 

54, 55, 58, 59, 60, 69, 70, 72, 73, 74, 77, 78, 80, 88, 89, 90, 91, 93, 94, ll4, 126, 127, 128, 129, 130, 

131, 132, 133,134,135,136, 137, 139,140,141,143,144, 145, 146,147,148,152, 153,154, 155, 156, 

157,158,161,162, 163,164,165,166,167,168,170,171,172,173,174,175,177,178,179,180,181, 

182,183,184., 185,186,187,188,189,190,191,192,193, 1~.195,196,197, 198,199,200,201, 202~ 

203,204,205,206,2117,208,209,210,211,212,213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 

and 223. 

That the House recede from its disagreement to the amendments of the Senate 

numbered 1, 2, 4, 15, 16,18, 24, 25, 26, 'J:l, 28, 29, 30, 31, 34, 35, 37, 38, 41, 42, 44, 50, 51, 53, 56, 

57, 61, 62, 63, 64, 65, 66, 68, 71, 75, 76, 79, 81, 82, 83, 84, 95, 96, 97, 98, 99, 100, 102,103,104, 105, 106~ 107,108,111, 112, 113,ll5, ll6, 119,120,121,123,124, 125, 142, 150, 151, 159, 160, 169, 

ana 176, and agree to the same. Amendment numbered 3: That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amend- ment as follows: In lieu of the matter proposed to be trick en out by said amend- ment insert the following: "And hereafter it shall not be lawful for any con- sular officer to appropriate to his own use or expend from the amount received 

from the fees of his office any sum in excess of the allowance of salary and fees 

directly authorized by law; and' consular officers paid exclusively by fees and 

corumls paid in part by salary and in part by fees shall only appropriate to their own use or expend such portion of the fees as is authorized by law; " and the 

Senate agree to the same. Amendment numbered 32: That the House recede from Us disagreement to the amendment of the Senate numbered 32, and agree to the same with an amendment as follows : In lieu of the sum proposed insert "$250,333.29; " and 

the Senate agree to the same. Amendment numbered 33: That the House recede from its disagreemen$ to the amendment of the Senate numbered 33, and agree to the same with amend- ments as follows: In line 2 of said amendment strike out the name "Albert 

Grant," and in lieu thereof insert the names" Frank A. Behan, Francis A. Gib- bons;" and after the word "provided," where it first occurs in said amendment, 

insert the following words: ''Is hereby appropriated; " and the Senate agree to the same. Amendment numbered 36: That the House recede from its disagreement to the amendment of the Senate numbered 36, and agree to the same with an amendment as follows: In lieu of the sum proposed by said amendment insert " $822.96; '' and the Senate agree to the same. Amendment numbered 43: That the House recede from its disagreement to the amendment of the Senate numbered 43, and agree to the same with amend-- ments as follows: .After the word" for," where it first occurs in said amendment, 

strike out the words "ordnance, twenty thousand dollars; for," and in lieu of the 

total sum stated in said amendment insert "$2,900; " and the Senate agree to the same. • Amendments numbered 45 and 46: That the House recede from its disagree- ment to the amendments of the Senate numbered 45 and 46, and agree to the same with an amendment as follows: In lieu of the amended paragraph insert 

the following: " For payment in full of expenses and for compensation of civil 

commissioner appointed under provisions of act of August 5,1882, $3,788.81; " 

and the Senate agree to the same. Amendment numbered 67: That the House recede from its disagreement to. the amendment of the Senate numbered 67, and agree to the same with an amendment as follows: In line 1 of said amendment, after the word "pay- ment," insert the words" to the estate of .A.. D. Fisher;" and the Senate agree to· the same. · Amendment numbered 109 : That the House recede from its disagreement to· the amendment of the Senate numbered 109, and agree to the same with an. amendment as follows : Strike out the name " Vaugneder," and in lieu thereof 

insert the name "Vangender;" and the Senate agree to the same. Amendment numbered US: That the House recede from its disagreement to the amendment of the Senate numbered ll8, and agree to the same with an amendment as follows: At the end of said amendment insert the following: 

"And the Attorney-Genera l of the United States is hereby directed to proceed against the warrantors upon the covenants in the conveyance to recover back; 

said sum in the name of the United States;" and the Senate agree to the same. Amendment numbered 149: That the House recede from its disagreement to the amendment of the Senate numbered149, and agreetothesamewith amend- ments as follows: On page 55 of the bill, in line 17, after the word "may," in- sert the words " after due notice and opportunity for hearing;" and after the 

word " suspend," in same line, strike out the words" debar, dismiss," and after 

the word "to," in line 20, strike out the words "abide by" and insert the word&