1776 CONGRESSIONAL RECORD . . FEBRUARY 25, 

A. bill (H. R. No. 2081) to fa,cilitate the exportation of distilled 

spirits, ancl amendatory of the :wts in relation thereto-to the Committee on Finance. 

r A bill (H. R. No. 2186) granting::sn Americanregistryto the American-built Peruvian steamship Rayo, now rebuilt in the United States ~nd converted into a sailing-vessel-to the Committee on Commerce. 

A bill (H. R. No. 2191) in relation to the customs duties on imported 

fruits-to the Committee on Finance. 

CENTENNIAL EXHIBITION. 

The PRESIDENT pro tempore. The Chair will also lay before the 

Senate a message from the President of the United States. 

The message was read, as follows : 

To the Senate and House of Representatives: 

I have the honor herewith to submit the report of the centennial commissioners, 

aDfl to add a word in the way of recommendation. There have now been international expositions held by three of the great powers of Europe. It seems fitting that the one hundredth anniversary of our Independ- ence should be marked by an event t.hat will displa.y to the world the growth and progress of a nation devoted to freedom, aml to the pursuit of fame, fortune, and honors by the lowest citizen as well as the highest. A iailure in this enterprise 

would be deplorable. Success can be assureu by arousing public opinion to the importance of the occasion. · To secure this end, in my ,indgment, congressionallel{islation is necessary to make the exposition both na.tional and international. The benefits to be deri "ed from a successful international exposition are manifold. 

It will necessarily be accompanied by expenses beyond the r!,'ceipts 1'rom tho expo- sition itself, but they will be compensate-d for many-fol::l by the commingling of people from all sections of our own country; by bringing toaether the people of dif- f erent nationalities; by bringing into juxtaposition, for read'y e-¥tmination, our own ancl foreign skill and progress in manufactures, agriculture, art, science, and civilization. 

The selection of the site for the exposition seems to me appropriate, from the fact that one hundred years l1efore the datQ fix:ed for tho Qxposition tho Declaration of Independence, which laUTlched us into the galaxy of nations as an independent peo- ple. emanated from the same spot. We have much in our varied climate, soil, mineral products, and skill, of which 

advantage can be taken by other nationalities to their profit. In return they mll bring to ollr shores works of their skill, and familiarize our people with them, to the mutual advantage of all parties. L et us have a complete success in our centennial exposition, or suppress it in its infancy, acknowledging our inability to give it the international character to which our self-esteem aspires. - U.S. GRANT. EXECUTIVE MANSION, 

Washington, l?ebrttary 25, 1874. 

Mr. CAMERON. Mr. President--

The PRESIDENT pro tempore. Accompanying this message of the 

President is the annual report of the centennial commissioners, so c!1lled. 

Mr. SUI\f~ER. I move that it be printed andl:1id on the table with 

the message. 

The PRESIDENT JYrO tempore. If 'there be no objection that order 

will be maue. -

Mr. CAMERON. I addressed the Chair, and intended to say that 

that was a very sensible and very opportune message, and I move now to-take up the bill from the House of Representatives in rega.rd to the 

centennial exhibition. I make the motion with a view of letting it 

lie over until to-morrow. 

The PRESIDENT 11ro tempore. The Senator from Pennsylvania 

witbrlraws the motion for an executive session, and moves that the 

pending and all prior orders be postponed and the centennial bill, so called, be taken up for consideration. 

Mr. CHANDLER. I renew the motion for an executive session. 

The PRESIDENT pro tempm·e. Penlling which the Senator from 

:Michigan moves that the Senate proceed totheconsidemtionof execu- tive business. 

The motion was agreed to; and the Senate proceeded to the considerat.ion of executive business. After ten minutes spent in executive 

session, the doon3 were reopened and (at four o'clock and thirty minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, February 25, 1874. 

The House met at twelve o'clock m. Prayer by the Chapluin, Rev. 

J. G. BUTLER, D. D. 

The Journal of yesterday was read and approve~ 

ESTU.IATES OF DEFICIE~ClES. 

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

the Treasury, transmitting estimates of the deficiencies in appropriations required to complete the service of the fiscal year en <ling June 

30, 1874, anu prior years; which was referred to the Committee on Appropriations, and ordered to be printed. 

SHASTA COUNTY INDIANS, CALIFORNIA. 

The SPEAKER also laid before the House a letter from the Secretary of the Interior, in relation to an appropriation to aid tho Indians 

in Shasta Com1ty, California; w-hich was referred to the Committee on .Appropriations, and ordered to be printed. 

LEAVE OF ABSE~CE OF OFFICERS ON FRONTIER SERVICE. 

The SPEAKER also laid before the House a letter from the Secre- tary of War, transmitting to the House a petition of officers of tho Sixth Infantry, asking that troops serving on the frontier be placed 

upon a better footing with regard to leave of absence; which was referred to the Committee on Military Affairs, and ordered to be 

printed. Dfi>ROVEMENT OF COLORADO RIVER. 

The SPEAKER also laid before the House a letter from the Secretary of War, in relation to a project for the protection of the banks 

of the Colorado River at Yuma depot; which wa-s referred to the 

Committee on Commerce, and ordered to be printed. 

NEW YORK INDIANS. 

The SPEA.KER also laid before the House a letter from the Secretary of the Interior, in relation to :;t memorial of the Indians on the 

Cattaraugus and Allegany reservations in New York; which was re- ferred to the Committee on Indian Affairs, and ordered to be printed. 

IMPROVEMENT OF THE MOUTH OF THE MISSISSIPPI. 

The SPEAKER also laid before the House a letter from the Secretary of War, in relation to an appropriation for the improvement of 

the mouth o~ the Missl!>sippi River; which was referred to the Committee on Commerce, anu ordered to be printed. 

INDIANS IN 1\TEV ADA, CALIFORNIA, ETC. 

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

Secretary of the Interior, in relation to the co11dition and wants of tb~ Ute Indians of Utah, the Pi-Utes of Utah, Northern 4fl_zona, Southem 

Nevada, and Southeastern California; the Go-si Utes of Utah and 

Nevada; the Northwestern Shoshones of Idaho and Utah, and the 

·western Shosh~nes of Nevada; which was referred to the Committee on Indian Affairs, and ordered to be printed.. 

MISSION INDIANS IN CALIFOR::t\"'IA. 

The SPEAKER also laid before the House a letter from the Secretary of the Interior, transmitting a report showing the necessity that 

exists for legislation in behalf of tho Mission Indians of California; 

which was referred to the Committee on Indian Affairs, anu ordered 

to be printed. PROTECTION OF THE RIO GRA IDE. 

The SPEAKER also laid before the House a letter from the Secre- ta.ry of War, in relation to an appropriation for the protection of the 

river banks of the Rio Grande, from the site of Fort Brown.; Texas; 

which was referred to the Committee on Military Affairs, a.nd. Ol'dered 

to be printed. IMPROVEMENT OF THE OIDO RIVER. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting a. further report on the improvement of the 

Ohio River below the Falls; which was referred to the Committee on Commerce, and ordered to be printed.. 

CULTIVATION OF Til\ffiER. 

The SPEAKER also bid before the House the following message 

from tho President; 

The Clerk read. as follows: 

To the &nate and House of Represe,;tatives: 

1 have the honor to t.ransmit herewith a memorial upon the "cultivation of tim- ' ber a.nd the preservation of forests," and au rnu ght of a joint resolution prcparOtt by the American Association for the Ad v:mcemcnt of Sci en co, together with a commu- nication from the Genera.l Land Office upon the same subject. · U. S. GRANT. EXECUTIVE MANSION, 

Washington, February 19, 1874. 

The message was referred to the Committee on the Public Lands, 

and ordered to be printed. · 

RESTORATION OF LA::t\'DS TO 1\L:\RKET. · 

Mr. BRADLEY, by unanimous consent, from the Committee on tho 

Public Lands, reported back a bill (H. R. No.1700) to amontl the act 

entitled "An act for the restoration to market of certain lands in 

:Michigan," appro-ved July 10, 1872; which was referred to the Committee of the Whole on the stat-e of the Union, and, with the accom- panying report, ordered to be printed. 

THE 1\IORNING HOUR. 

The SPEAKER. The morning hour begins _at ei&hteen minutes past 

twelve o'clock, and reports are in order from the Committee onNaval 

Affairs. REAR-ADMIRAL B. F. SA::t\'DS. 

Mr. SCOFIELD, from the Committee on Naval .Affairs, reported 

back adversely a bill (H. R. No. 1418) to retain Rear-Admiral B. F. 

Sands on the active list of the Navy; and the same was laid on the 

table. JOHN HOLROYD. 

Mr. SCOFIELD also, from the same committee, reported back a bill (H. R. No. 816) for the payment of John Holroyd, for the use of 

his patent anu inventions by t.he Government; and moved that the same be referred to the Committee on Claims. 

The motion was agreed to. 
1874. CONGRESSIONAL RECORD. 1777 

NAVAL SERVICE. 

Mr. ARCHER, from the same committee, reported back advers~ly a bill (H. R. No. 884) relating to the naval service; which was laid 

on the table. JOHN R. BO ID. 

Mr. BURLEIGH, from the same committee, reported back adversely a bill (H.R. No. 560) for the relief of John R. Bond, late of the United 

States Navy; which was laid on the table, and the report ordered to 

be printed. CURTIS D. 1-;"'ILES AND OTHERS. 

Mr. GOOCH, from the same committee, reported back adversely a petition of Curtis D. Niles and 24 graduates of the United States 

Naval Academy of the date of June 4, 1869, praying the said graduates may take rank from the date of their graduation; which was 

laid on the table. MISS SARAH M. TUTILE. 

Mr. GOOCH also, from the same committee, reported ba{}k adversely 

the petition of Mis Sarah :M. Tuttle, daughter of Commodore Heury 

Bruce, United States Navy, asking that said Bruce ma,y receive pay 

according to his rank of commodore ; which wa£ laid on the table. 

WILLIAM KILBURN. 

Mr. GOOCH a.lso, from the same committee, reported back a bill 

(S. No .. 437) to restore William Kilburn, of San Francisco, California, 

to the Navy of the United Sta.tes as an ensign, with the recommen- da.tion that it do pass. 

The bill, which was read, authorizes the President of the United 

States to restore William Kilburn to the Navy of the United StaLes as a.n ensign at the foot of the class of 1870, of which he was a mem- ber at the time of his resignation. 

The bill was ordered to a third reading ; and it was accordingly 

read the third time. 

Mr. HOLMAN. I hope we will receive more explanation of this 

bill before it is pas ed. 

Mr. GOOCH. I a£k that the letter which I send up may be read. 

The Clerk read as follows: NAVY DEP ARTME1o.'T, 

Washington, February 24, 1874. 

Sm: A bill has passed the Senate restoring to the Navy Mr. William Kilburn. 

Mr. Kilburn graduated at the .r a.val Academy at Annapolis with credit to himself, 

and promised to make a valuable officer, but resigned under temporary sickness 

and affliction in his family. The bill pla{)es him at the foot of his class, and under these circumstances the 

Department has no objection to interpo e. Very respectfully, your obedient servant, 

GEO. M. ROBESOlf!-

Secretary of the 1Vavy. Ron. G. W. SCOFIELD1 Chairman Oomm.,ttee on Naval Affairs, House of Representatives. 

Mr. HOLMAN. That letter does not seem to be entirely satisfactory. It simply informs Congress the Navy Department has no objection to interpose to this proposed action. 

Inasmuch as the public service does not require, it would seem, an increase i.n the number of officers in the Navy, and as there has 

been a resignation in this case, some urgent consideration ought cer- tainly to be presented for the restoration of this man. I do not re- member that such action as is here proposed has ever been taken 

unle s in very exceptional cases. During a time of war, when it is 

important to have anditional officers, there might be some propriety 

in such action; but in time of profound peace, some very strong public reason should certainly be offered to justify the measure here proposed. 

Mr. GOOCH. I understand the facts in this ca£e to be substantially 

these: This yonng man was educated at the Nava,l Academy, taking 

good rank in his class and receiving the commendation of all the offi- cers of the institution at the time of his granuation. He was then a signed to duty. He was on some squadron in the Mediterranean, I 

think, a.nd had been absent something like a year when he learned 

that his fat~er was l~g very sic~ in Philadelphia. The young man ~as ex;ceedingly _an:nous to be reli~ved and go home, that .he might, 

1f possible, see his father before his death. The commanding officer 

dicl not grant him leave of absence ; it was suggested that it would 

be necessary for him, if he saw fit to leave, to resign. Under those 

circumstances he tendered his resignation. He has since asked to be 

restoretl to his position in the Navy. 

He is a man educated at the expense of the Government, in every 

resl?ect a, w.orthy an~ competent man, fully qualified to discharge the 

duties of his professiOn. Under these circumstances he asks that he 

may be permitted to go back into the position in which he was at the 

time of his resignation, the position for which he had been educated 

by the Government.. If it is an object for us to keep up an institutiOn for the -educatiOn of these young men in order that they may 

serv!3 the country when their services are required, I can see no rea- son why, under the state of circumstances here presented, we should 

not take back this young man and avail ourselves of that which the 

~overnment_has a;lready best~wed upon him in giving him an education and fittrng him for the diSchar~e of the duties of a naval officer. 

These I un<;lerstan?- to h~ve. been the reasons which op~rated upon the Senate m passmg this bill; and they are reasons which have influenced the committee of this House, and induced them to report this bill and ask its passa.ge. · 

112 

Mr. HOLliAN. Will the gentleman from Massachusetts [lh. GoocH] 

inform the House how long this young man was in actualservjce in 

the Navy after graduating at Annapolis, and how long he has been 

out of the service f 

Mr. GOOCH. He graduated at Annapolis in 1870; he served, I 

think, for something more than a year after his graduation, and then 

resigned; so that he has been out of the service perhaps a year and a half. I am not exactly certain as to the time. 

The.question being taken on the passage of the bill, it was pas ed. 

lli. GOOCH moved to reconsider the vote by which the bill was pas ed ; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

CLOTHING FOR MEN AND BOYd IN THE NAVY. 

Mr. MYERS, from the Committee on Naval Affairs, reported a bill 

(H. R. No. 2197) providing for an outfit of clothing to enlisted men and boys in the Navy. 

The bill was read. It provides that the enlisted men and boys in 

the Navy shaM. be allowed an outfit and yearly allowance of clothing, 

free of charge to them, a follows: that their outfit on enlistment 

shall consist of one pea-jacket, or monkey-jacket, two flannel over- shirts, two woolen undershh'ts, two pairs woolen drawers, two pairs 

woolen socks, one pair satinet trousers, one pair cloth trou ers, one seam~ess cap, two pairs c.anvas-dnck trousers, one pair calf- kin shoes, 

two linen frocks, one parr blankets, one mattress, and one black sill.: 

handkerchief; and that yea.rly thereafter, dming their term of serv- ice, ~hey shall have an aUowance of clothing equivalent, as nearly as possible, to that now or hereafter allowed to the non-commissioned 

officers, musicians, and privates in the Army. Mr. WIDTTHORNE. I make the point of orderthatthis billmust 

go to the Committee of the Whole. 

The SPEAKER. The gentleman from Tennessee makes the point 

that this bill requires an appropriation of money and must be :first 

considered in Committee of the Whole on the state of the Union. The 

point of order is good. The bill will be referred to the Committee of 

the Whole on the state of the Union. 

PAY OF CIVIL ENGINEERS IN THE NAVY. 

Mr. MYERS, fr.om the Committee on Naval Affairs, reported back, 

with a recommendation that it pass, the bill (H. R. No. 1621) fixing 

the pay of civil engineers in the Navy. 

The bill was read. It provides that the pay of civil engineers in 

the Navy shall hereafter be, according to their length of service in 

their profession, the same as :fixed by law for naval constructors. 

:Mr . .MYERS. This bill, I suppose, must take the same direction a£ 

the last. 

The SPEAKER. It will be referred to the Committee of the Whole on the state of the Union. 

ERRORS IN PRIZE-LISTS. 

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

with the recommendation that it do not pass, the bill (H. R. No. 690) 

authorizing corrections to be made in errors in prize-lists; and the same was laid on tho table, and the accompanying report ordered to 

be printed. HEIRS OF WILLIAM C. BRASHEAR. 

Mr. WHITTHORNE, from the Committee on Naval Affairs, reported a bill (H. R. No. 2198) for the relief of the heirs at law of William 

C. Brashear, an officer of the Texas navy; which was read a :first and 

second time. 

Mr. HOLMAN. I make the point of order on that bill, tha.t it con- tains an appropriation, and it should go to the Committee of the 

Whole on the Private Calendar. The SPEAKER. The point of order is good. 

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

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

NAVY-YARD AT PORT ROYAL. 

Mr. PLA.TT, of Virginia, from the Committee on Naval Affairs re- ported back, with th~ recommendation that it do not pass, the bill' (H. 

R. No. 841) to establish a navy-yard at Port Royal, South Carolina.· 

and the same was laid on the table, and the accompa.nying report or~ de:red to be printed. 

I ~AVY·YARD AT WASHINGTON, DISTRICT OF COLUMBIA. 

1\Ir. PLATT, of Virginia, also, from the same commiUee, reported 

back, with the recommendation that it do not pass, the bill (H. R. No. 

d03) to increase the facilities for docking, building, and repairino- at 

the navy-yai'd at Washington, District of Columbia; and the s~mo was laid on the table, and the accompanying report ordered to be 

printed. PAYMASTER GEORGE PLUNKETI. 

Mr. P~A TT, of Virginia, al~o, from t~e same committee, reported 

back, With the recommendation that It do not pas , the bill (H. 

R. No. 1543) to enable tha President of•the United States to revoke 

the acceptance of th;e resign_ation of Paymaster George Plunkett ; 

and the s~e w~s la-Id on the table, and the accompanying report ordered to be prmted. 

REMOVAL OF FORT NORFOLK POWDER MAGAZTh~. 

Mr. PLATT, of Virginia, also, from the same coinmittee, reported 
1778 CONGRESSIONAL RECORD. 

bac!r, with an amendment, the bill (H. R. No. 83) to authorize the Sec- re taq of tho Navy to remove the powder magazine from Fort Norfolk, 

Norfolk, Virginia. 

The bill was read, as follows : 

Be it anacted, cf:c., That tho Secretary of the Navy be, and he hereby is, authorized and instructed to cause the powder ma~~zine now located at Fort Norfolk, at the entrance of Norfolk Harbor, and near ..l'<orfolk, Virginia, to be removed from 

its present location. · 

The amendment of the committee was as follows : 

In line 4 strike out the words "and instructed," and insert in lieu thereof "if in 

his judgment necessary." 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed and read a third 

time; and being engrossed, it was accordingly read the third time. 

'l'he question was on the passage. of the bill. 

Mr. McKEE. Is there a report a-ccompanying the bill f 

Mr. PLATT, of Virginia. If the gentleman desires an explanation 

of the objects of this bill, I will make a brief statement. Every year, 

for the last ten years, the Secretary of the Navy and the Chief of the 

Bureau of Ordnance have, in their reports, recommended the removal 

of this powder magazine, which is situated at Fort Norfolk, close to 

the city of Norfolk, at the entrance of the harbor. There is beside it a large manufacturing establishment, a foundery, and a steam-engineering establishment. Three times during the last three years the 

dry gra-ss on the lawn in front of the magazme has been set on :fire by 

sparks from vessels passing, and the powder magazine, as well as the 

entire city of Norfolk, is endangered· by the risk of explosion. Last 

year, in the Forty-second Congress, the Committee on .Appropriations 

inserted an item in the appropriation bill providing for the removal 

of this ma(J"azine. They did this after careful consideration of the 

subject, ana after having the Chief of Ordnance and other officers of 

the Navy Department before them. This was stricken out in the 

House on a point of order, made by a gentleman then a member of 

Congress from Illinois, that it was not authorized by any existing 

law. Under this state of affairs the Committee on Naval.A:tfn,irs have 

directed me t o ask the passage of this bill, and I presume there will 

be no objection to it. 

Mr. FORT. I would like the bill to be again read. 

The bill was n,gain read. · The bill was pa-s~ed. 

Mr. PLATT, of Virginia, moved to reconsider the vote by which the 

bill was passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

COMMISSIO~S TO POSTMASTERS. 

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

with the recommendation t hat it do pa.ss, the bill (H. R. No. 919) to 

provide for the issuing and recoriling of commissions to postmasters 

appointed by the President by and with the advice n,nd consent of 

the Senate. · The bill was read. It provides that hereafter the commissions of 

all postmasters appointed by the President, by and with the advic.e and consent of the Senate, shall be made out and recorded in the 

Post-Office Department, and shaH be under the seal of said Department, and countersigned by tho Postmaster-General, any laws to the 

contrary notwithstanding ; provided that the said seal shall not be 

affixecl to any such commission until after the same shall have been 

signed by'the President of the United States. 

The question was upon ordering the bill to be engrossed and read 

the third time. · 

1\Ir. WOOD. Does the Committee on Foreign .Affairs report that 

bill! 

The SPEAKER. The bill is reported from the Committee on Foreign .Affairs by the gentleman from Indiana, [Mr. ORTH,] the chair- man of the committee. 

Mr. WOOD. I would like to know-if a bill of that character can emanate from that committee ' 

Mr. ORTH. I will state why this bill comes from the Committee on Foreign .Affairs. 

Soon after the organization of the State Department that Department was intrusted with the duty of signing all commissions of the 

various officers of the Government. Und.cr thn,t law all the commissions of the present Postma-ster-Geneml of the country have still to be 

signed by the Secretary of State. ThG object of this bill is to trans- fer that duty from the State Department to the Post-Offic.e Department. 

As to the question of jurisdiction, and how we obtain it, I will say 

to the gentleman from New York that we obtained it by the order of 

this House. All commissions now under the law are required to be 

signed and sealed by the Secretary of State. Our committee have 

concluded to recommend the passage of this bill, tra.n £erring that 

duty to the Postmaster-General, to whom it properly belongs, so as no longer to incumber the State Department with what properly belongs 

to another Department of this Government. 

Mr. SCOFIELD. I would. like to inquire of the gentlem.an if any 

provision is made for reducing the number of clerks in the State Department,. and increasin<T the number in the Post-Office Department; or for transferring the clerk who now performs that d.uty in the one Depar:tment. to the other 7 

1\Ir. ORTH. I will state to the gentleman that there is no necessity 

for such a transfer. The duty is not so onerous as to require any spe- cial provision for it. 1\lr. GARFIELD. There are only about eleven hundred postmasters appointe<.l by the President and confirmed by the Senate. Mr. SCOFIELD. I should suppose it wonld take a considerable 

portion of the time of one clerk at least to prepare these commis ions. 

Mr. ORTH. It does not take much time. 

The bill was ordered to be engrossed and read a third time; and 

being engrossed, it was a-ccordingly read the third -time, and passe<l. 

1\fr. OR'rH moved to reconsider the vote by which the bill was passed; 

and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. 

REORGANIZATIO:N OF THE STATE DEPARTMENT. 

1\Ir. ORTH., from the Committee on ·Foreign Affairs, also reported 

back, with amendment-s, House bill No. 1755, to provide for a more complete organization of the State Department. 1\ir. SPEER. I make the point of order that this bill shoultl receive 

its :first consideration in Committee of the Whole, as it provides for now officers n,ndfor the payment of their salaries by money appropriated out 

of the Treasury. 

The SPEAKER. The point of order is well taken. 

The bill was accordingly referred to the Committee of the Whole on the state of the Union, and, with the amendments, ordered to be 

printed. 

TRIBUNALS IN OTTO:\IA..I.~ DOMINIONS AND EGYPT. 

:Mr. ORTH, from the same committee, reported back, with amendments, House bill No. 1015, to authorize the President to accept for 

citizens of the United States the jurisdiction of certain tribunals in 

the Ottoman dominions and Egypt, established, or to be establishell, 

under the authority of the Sublime Porte and of the government of 

Egypt. 

The bill, which was read, provides that whenever the President of 

the United States shall receive satisfactory information that the 

Ottoman government, or that of Egypt, has or&l!'ni.zed other tribunals on a basis likely to secure to citizens of the united St:ttes, in their 

dominions, the same impartial justice which they now enjoy there 

under the judicial functions exercised by the minister, consul , and 

other functionaries of the United States, pursuant to the act of Congress approved the 22d of June, 1860, entitled" .An act to carry into 

effect provisions of the treaties between the United States, China, 

Persia, and other countries, giving certain judicial powers to minis- ters and consuls or other functionaries of the Unitecl States in those 

countries, and for other purposes," he is hereby n,uthorized to suspend 

the operations of said acts as to the dominions in which such tribunals 

may be organized, and to notify the go~ernment of the Sublime Porte, or that of Egypt, or either of them, th11t the Unit~d States, during 

such suspension, accept for their citizens the jurisdiction of the 

tribunals aforesaid over citizens of the United States which has heretofore been exercised by the minister, consuls, and other functionaries of the United States; and in section two lt proviues that from 

and after the<date of the notification aforesaid the judiciaJ powers 

conferred upon and exercised by the minister, consuls, and other 

functionaries of the United States, pursuant to the act of Congress 

aforesaid, shaH, in respect to the Ottoman dmninions, or Egypt, or both, be suspended during the pleasure of the President. . Mr. ORTH. I will explain briefly the object of this bill. By an act 

of Congress, passed in 1860, our ministers and consuls residing in 

what are known as non-Christian countries, are invested with certain 

judicial functions, so far as .American citizens in those countries are concerned, and authorized to settle any disputes, civil or criminal, arisin~ between them. In other words, they carry with them to the 

non-Christian countries to which they are sent and accrcd.ited tho 

laws of our own country, and ·they act as ,judges and executive offi- cers in determining and carrying out these ln,ws as between American 

citizens, or between .American citizens and subjects of the country in 

which these disputes may occur. The object of this bill is to suspend the operation of that law so far as'it relates to the Turkish dominions. It is done for this reason: Within the last few years the TurkishEmpire has made rapid strides 

towards what we denominate civilization. It has proposed to tho 

Christian nations of ·the world that, with the consent of these nation , it will estn,blish what are known as :mixed courts, composed in part 

of native judges n,nd in part of judges who may be appointed'bythe 

Turkish Empire upon the recommendation of Christiannatious. Tho e conrts, when established, are to have complete and ample jurisdiction of all matters that now pertain to the consular and diplomatic 

courts established under the act of 1860. In pursuance of this suggestion, emanating from the Ottoman Porte, .all ·the governments of 

Europe, with the exception of France, have acceded to 'Yhat is known as the Turkish concession on this subject. For some reason France 

has not acceded to it. The court, however, has been established. I 

notice in a recent London paper the appointment of a barrister from 

England who is to take his seat there a-s the English jndge. And. I 

doubt not that when this Government shall have likewise acceded to 

the proposition of the Turkish Empire, some American citizen whom 

this Government may designate will be appointed a one of the 

jnd<Yes of this new tribnnal. Ihave examined at some length the provisions which have been 
. 

CONGRESSIONAL RECORD. 1779 

:::uo:-Jto<l both in the Turkish Empire proper and in the dominion of 

E!'''rnt.. I find that they secure to the suitors in these courts all the g;~ I~~1tect~ t!nat we expect in any court exercising common-law jurisdiction. They provitle, for instance, for trial by jury; that-the pa,rty sh:~ll l>e repre cntetl by counsel, and that witnesses shall possess cer- tain qnalifieations. They also provide for carrying into effect the 

jntl"mcnts of these courts, with this additional provision, that in no instance sllall a judgment be carried into effect in a capital case with-

'Out the nation to which tile citizen belongs who has been charged 

ancl.fonutl guilty of the capital offense shall first have been notified 

and its permission obtained to carry the sentence into•.execution. ~fr. CONGER. Does the power of this court extend to the duties 

of consuls in regard to seamen 'i' 

l\Ir. ORTH. Not at all. The law in regard to seamen remains as now in any Christian country in Europe. This court applies only to 

American citizens residing in the Ot-toman Empire, and we have quite a number there; to disputes arising between those citizens, and 

between them and the subjects of the Ot-toman Porte. It does not 

interfere at all with the duties, rights, or responsibilities of consuls 

with regard to their ordinary consular duties. 

Mr. CONGER. Would it affect the rights of seamen f Would it 

be a court in which a seaman might make complaint against his officer, or officers against their seamen 7 Would it interfere at all with 

the arrangements on board of American ships bet-ween American sea- men and American officers 'I 

Mr. ORTH. Not at all. Those rights will remain just as they now are under the general consular regulations of the country. 

One remark further. This bill provides that this suspension f the 

law of 1860, by the President, shall be only t-emporary; that so long as in his judgment the courts of the Ottoman Empire grant to our citizens the same ample protection which they now receive at t.he 

ha.nds of our minister and consuls, the act shaJ.l be suspended. But 

the moment the courts of the Ottoman Empire fail to furnish such 

protection the President is to revoke the suspension, and reclo~he 

our officers with the functions they now possess under the act of 1860. 

I wish also to call at-tention to the second section of the bill, which 

proviues ·that American citizens may acquire, po~ess, and .transfer 

real estate. Now this cannot be done in any portion of the Ot-toman 

Empire; but the Turkish government has consented that .aJ.l foreigners 

may hold, occupy, possess, and transfer real estate to th~ same extent 

that a subject of the Ottoman Empire ca.n do ·now, whenever the government to which that foreign resident belongs shall have consented 

to what is known as the protocol or proposition of the Turkish Empire upon this subject. I will give just one instance of the inconvenience at present attendin~ the holding of real property by American 

citizens in that empire. An American citizen going there for the purpose of trade or business, and acquiring property, must hold·it in the name of some subject of the Turkish Empixe; he cannot hold it in his own name; he cannot incumber it by judgment or mortgage; he can- not a vail himself of the bene:fi ts of the bankrupt law of the Turkish Empire; in other word~, he is at the mercy of the Turkish subject whom 

he may select as the person in whom he will vest the t-itle of his property. Take for instance the vast property belonging to the Roberts 

College, near Constantinople. It is an American college founded by a distinguished citizen of the State of New York, and endowed by him 

for the purpose of educating American and Turkish youths. It is in ·a very flourishing condition. Yet the title to that property is held 

to-tlay by so insecure a tenure as I have described. In this connec- tion I will ask the Clerk to read, for the information of the House, a memorandum of President Hamlin, the distinguished president of 

that college. · The Clerk read as follows : 

Memorandum on the holding of real estate by Americans in Turkey. 

1. The tenure of real estate among foreigners has been hitherto uncertain and 

unsatisfactory both to them and to the Turkish government. 2. 'l'he laws, or rather customs, of inheritance in regard to such property have 

been especially vexatious anti uncertain, giving rise to constant litigation. 

3. A protocol regulating all these int-erests has been prepared, and is, on the 

wholo, satisfactm-y to forCigners, and all the European nations have signed it. even Greece and Russia.. The United States not having signed it, no American is allowed to take advantage of the new tenure, and· the old is wholly discredited. I tried myself, for full six months, after all the terms were settled, to effect the sale or trans- fer of one piece of land and the purchase of another, but in vain. 4. In the pre ent abnormal state no American property is under any secure la.w 

of inheritance. 

5. The Turkish government is annoyed by our refusin~ to sign the protocoL and 

will not accord any favor or right to any American citizen, if it can be avoided. 

Tho answer to every application is, ''Why do you not sign the protocol~" 

G. So far as· I know, the only opposition now matle IS from Amelican citizens 

formerly Turkish subjects, (Armenian.~, Greeks, and Jews.) All Amelican-born 

citizens (including now those in Beirut and Syria) are perfectly willing to pay 

the taxes and assume all the responsibilities iho protocol imposes. 7. The signing of the protocol is a thing by itself. It demands no reciprocity. Oiher nations have accorded none. It should not· be tacked on to anything else, 

but be simply signed as a thing unique, designed to clear away long-standing diffi- culties and opprobriones of locill diploma{}y. 

CYRUS HAMLIN, 

President of Roberts College Constantinople. 

Mr. ORTH. I hold in my hand the law referred to in the com- munication just read. I do not care about having this law read 

unless it is specially desired; but1\fr. McKEE. I hope the gentleman will have it read. I would 

lilm to hear it, as doubtless other members would. 

Mr. ORTH. Then I will send it to the Clerk. I ask the attention 

of members to it as furnishing most conclusive evidence of the prog- ress of that empire and the liberality which it is disposed to exer- cise, not only toward~ its own subjects, but which it is willing to 

extencl to every foreigner residing within the Turkish dominions. 

The Clerk read as follows: 

Law ceding to foreigners the light to possessing property (real estate) in the Otto- man Empire. 

In t.heviewof developinatheprosperityofthecountry, toputa.n end to the difficulties, abuses, and unsettledhess produced on the subject of the exercise of the ri~rht of holding property by foreigners in the Ottoman Empire, and to complete, by the means of a precise regulation, the guarantees due to the financial interests and tho 

administrative action of the government, tho following legislative arrangementa 

have been adopted by the orders of His Imperial Majesty the Sultan: ARTICLE 1. Foreigners are allowed, on the same footing as Ottoman subjects and 

without any other conditions, to enjoy the right of posses ing immovahle property 

in the cities a.nd rural parts of the whole of the empire, excepting the province of 

Hedjas, by submittin~ to the laws and regulations which govern Ottoman subjects, as hereafter stated. This a:rran~;ementdoes notextend to native Ottomansubjects 

who may have changed their nationality, and who will be governed in this matter by a special law. · AnT. 2. Foreigners owning city and rural property are, consequently, as imilated to Ottoman subjects in all that relates to their immovable property. This assimilation bas for legal objects- · 1. To oblige them to conform to all of the laws and police regulations, as well as those of a municipal character actually in force, or which may hereafter govern 

tho enjoyment, tho transmission, the alienation, and the hypothecation of real estate, 2. To pay all of the taxes and contributions, under whatever form and denomination whatever, now or hore:rlter affectin~ city and rural real estate. 3. To render them amenable to the ciVIl Ottoman tribunals for aJl questions relating to real estate, and for all real actions thereon, either as plaintiffs or defendants, even when both parties are forei~ers; aJl on the same footin.f~· under the same con- ditions and in the same favors as Ottoman proprietors, and 'vitnout their having any light to put forward their personal nationality; but yet, under tho re ervations of 

the immunities attached to their persons and to their movable property, according to the treaty stipulations. · ART. 3. In case of the bankruptcy of a foreigner owning real estate, the syndics of the bankruptcy will proceed to take action thereon, before the Ottoman autholities and t.he civil Ottoman tribunals, for the purpose of demanding the sale of the 

immovable property owned by the bankrupt, and which, by their nature and con- formably with the law, may answer for the debts of the owner. This same rule will be carried out whenever a foreigner has obtained a judgment before any foreign tribunal condemning another owner of real estate. For the execution of this judgment on the real estate of his debtor, ihe foreigner 

will address himself to 'lho competent Ottoman authority, so as to obtain the sale 

of the immovable property, answering for the debts o_f the owner, and their judg- ment will not be executed by the authorities and Ottoman tribunals until-after 

they shall have established the fact that the immovable property required to be 

sold r eally belongs to the category of property which may be sold in payment of 

debts. 

ART. 4. The foreign subject has the faculty of disposing of, by donations or by 

will, those of his immovable properties which, under this form, are allowed by law to be so donated or willed. · As to the immovable properties which he has not disposed of, or which t.he law 

does not allow him to dispose of, by donation or will, their inheritance will be 

rerulated conformably with the Ottoman laws of succession. ART. 5. Every foreign subject will enjoy the advantages of the present law 

from the moment tha-t the power (government) to which he belongs shall have adhered to the arrnngemeuts proposed by the Sublime Porte for the exercise of tho 

right of holding immovable property_. 

Mr. ORTH. I desire to add nothing further in behalf of this bill. 

If any member of the House wishes further information which I can furnish, I will cheerfully answer a.ny question that may be asked. 

Mr. WOOD. Some portions of the remarks of the gentleman from 

Indiana [Mr. 0RTH] were not distinctly heard in this part of the 

Hall. I would like to know whether this bill is presented with the 

consent and approval of the State Depart-ment, which has more immediate cognizance of our foreign relations, including the relations 

of this Government to that of Turkey, than we can possibly have 

ourselves. 

Mr. ORTH. In reply to the gentleman from New York, [Mr. WooD,] 

I will say that this bill, with its amendments, meets the approval of 

the StatA Department, and is in conformity with the request of our Turkish minister, that we should accede to the proposition made to 

the Christian countries by the Ot-toman Porte. I ask that the amendments be read. 

The Clerk read the first amendment, as follows : 

In line 18 insert the following words : So far as +,he jurisdiction of sai<l tribunal may embrace matters now cognizable 

by the ministers, consuls, or other functionaries of the United States in said doIninions. 

Mr. CONGER. I believe that does embrace the proposit-ion of 

which I spoke. 

:Mr. ORTH. It refers merely to the_ tribunals established in Egyptian and Turkish dominions, but these tribunals have no cognizance of consular mat-ters. 

Mr. CONGER. I think it would be wrong to take from our con- suls th~ p-o-wers· they now have. 

The amendment was agreed to. 

The next amendment was read, as follows: 

In line 20, after tho word "suspension," insert the words "will, as aforesaid;" t!O 

it will read: • Or that of Egypt, oreitherof them, that the United States, during such suspension 

will, as aforesaid, accept for their citizens the jurisdiction of the tribunal!! afore· 

said over citizens of tho United States which has heretofore been exercised by the 

minister, consuls, and other functionaries of the United States. 

The amendment was agreed to. 

The next amendment was read, as follows: 

Strike out section 2, as follows: - . Sse. 2. That from and after the date of the notification aforesaid, the judicial 

powers conferred upon and exercised by the minister, consuls, antl other funntionaries of the United States, pursuant to the act of Congress aforesaid, shall, in 
1780 CONGRESSIONAL- RECORD. FEBRUARY 25, 

res~ect to the Ottoman dominions, or Egypt, or both, be suspended during the pleas- ure of the President. 

An<.l in lieu thereof in ert the following : '£h:~.t the President is hereby authorized, for the benefit of .American citizens r esiding in the Turkish dominions, to accept the recent law of the Ottoman Porte, 

the right of possessing immovable property in said dominions. 

1\fr. ORTH. The word "foreigners" should be inserted before the 

word "posses ing." 

The SPEAKER. That modification will be made. 

Mr. WILLARD, of Vermont. I would suggest to the gentleman 

from Indiana there ought to be inserted after the word "Porte" tho 

word "ceding." 

The amendment to the amendment was agreed to. 

The amendment, as amended, wa-s adoptea. 

Mr. McKEE. I should now like to hear the bill read as it is 

amended. 

The bill was read as amended. 

The bill was ordered to be engrossed and read a third time ; and 

being engrossed, it was accordingly ·read the third time, and pa-ssed. 

Mr. ORTH movod to reconsider the -vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

RIGHTS OF CITIZENSIDP. 

Mr. ORTH. My colleague on the committee, from Massachusetts, 

[Mr. E. R. HoAR,] has a bill in charge which has not received that 

full consideration in. the Committee on Foreign .Affairs which he 

desires to give it. I therefore a-sk of the House unanimous consent 

for my colleague to be allowed to report that bill at some other time 

outside of the present call of our committee. Unless this is granted we shall be compelled to report the bill this morning in a somewhat 

unfinished condition. Its importance is such I think the House will 

justify us in keeping it in committee a week or :ten days longer, to 

give it sufficient consideration. 

The SPEAKER. The better proceeding for the gentleman would 

be to report and recemmit the bill now, and enter a motion to recon- sider, which will enable him to call it up at any time, so as not to 

interfere with the business of the House. 

Mr. E. R. HOAR, from the Committee on Foreign .Affairs, report-ed a bill (H. R. No. 2199) to carry into execution the provisions of the 

fourteenth amendment to the Constitution concerning citizenship, 

and defining certain rights of citizens of the United States in foreign 

countries, and certain duties of diplomatic and consular officers, and 

for other purpo es; which was read a first and second time. 

:Mr. E. R. HOAR. I now move that the bill be recommitted to the 

Committee on Foreign .Affairs. 

The motion was agreed to. 

Mr. E. R. HOAR. I enter a motion to reconsider the vote by which 

the bill was recommitted, to be called up at some future time. 

The SPEAKER. The motion to reconsider will be entered. 

MEl\IPIDS A.l."'ID KANSAS CITY RAILROAD. 

Mr. BUNDY, byunanimou consent, from the Committee on the Public Land, reported a bill (H. R. No. 2000) to declaretheMemphisand 

Kansas City and the Kansas City and Memphis Railroads milita,ry and 

post roads, and for other purposes; which was read a :tirst and second 

timo, and, with the accompanying report, ordered to be printed and recommitted. 

PUBLIC SCHOOLS, DISTRICT OF COLUMBIA. 

Mr. BUNDY aJ.so, by unanimous consent, from the same committee, 

reported back adversely tho bill (H. R. No. 776) in aid of the public 

schools of the District of Columbia; and the same was laid on tho 

table. 

Mr. BUNDY moved to reconsider the vote by which the bill was laid on tho table; And also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

IMMIGRATIOY. 

1\-:Ir. CONGER. I ask the unanimous consent of the House to report 

from the Committee on Commerce a bill in regard to printing the 

statistics of immigration prepared at the request of the Secretary of 

State and of the Secretary of the Treasury. It provides for change 

of the mode of printing these statistics, and it is necessary to be acted on as soon as possible. 

There wa-s no objection. 

Mr. CONGER, from the Committee on Commerce, reported bnck a bill (H. R. No. 1364) to amend the act entitled" An act to regulate the 

carriage of pa sengers in steamships and other vessels," approved 

March 3, 1855, with, a recommendation that it do pass. 

The bill, which was rea<I, provides that tho thirteenth section of tho 

act entitled" An act to regulate the carriage of pa engers in steamhips and other vessels," approved March 3, 1855, be, and the same is 

thereby, 1·epealed; a.nd that hereafter each and every collector of cus- toms to whom shall be delivered the manifests or lists of passengers 

pre cribe<.l by tho twelfth section of the act aforesaid, approved March :~, 1855, shall make returns fTom such manifests or lists of passengers 

to the Secretary of the Trea ury of the United States, in such manner as shall be pre cribed by tha.,t officer, under whose direction statements of tho same shall be prepared and publi::;hed. 

Mr. CONGER. There are now two classes of publication in ref- erence to immigrants arriving in the United States. One from the 

Department of State, furnished by consuls in reports from foreign 

countries; and the other furni hed by collectors, through the manife ts 

of passengers arriving here. There is no need to publish both state- ment . The statement publi hed heretofore from the Department of 

State is imperfect; the other is complete. The State Depru:tment and the Treasury Department both concur in the report which I have here, in recommending the passage of thi& 

law, that the whole report may be published in the publication of tho 

Bureau of Statistic , as being the most desirable and perfect mode. 

The object of tho bill is to accomplish that. 

The bill was ordered to be engrossed and read a third time; and 

being engros ed, it was according-ly read the third time, and pas ed. 

Mr. CONGER moved to reconsider the vote by which the bill was passed ; and also moved that the motion 'to reconsider be laid on the 

table. 

The la.tter motion was agreed to. 

THOMAS BURKE. ' 

Mr. HARRIS, of Virginia, by unanimous consent, from the Committee on War Claims, reported back the bill(H. R. No. 91) for the relief 

of Thoma-s Burke, of Virginia; and moved that the committee be 

discharged from the further consideration of the bill, and that it be 

referred to the Committee on Claims, not to be brought back on a motion to reconsider. The motion was agreed to. 

DISTRIBUTION OF PUBLIC DOCUMENTS, ETC. 

The SPEAKER. The House resumes the consideration of the bill 

(H. R. No. 825) to provide for the distribution of public documents 

printed by the authority of Congress and of seeds furn.ished by the 

Agriculiural Department, for the free exchange of newspapers between publishers, and for the free transmission of weekly newspapers by mail within the county where published. The gentleman from 

Kansas [Mr. COBB] is entitled to the floor. 

Mr. COBB, of K\tnsas. I yield for a moment to the gentleman from 

New Hampshire, [Mr. Sl\!ALL,] to have a resolution read. 

Mr. SMALL. I a~k the Clerk to read what I send to the desk. 

The Clerk read as follows : 

CONCORD, NEW H.uiPSHIRE, February 23, 1874. 

DEAR Sm: .A.ereea.bly to a vote of theN ew Hampshire Press Association, we forward yon the following resolutions, passed at annual meeting of said association : Wh.erea the law alfowing the free circulation of newspapers in counties where 

printed having been repealed, subjecting_ subscribers to the same postage on their 

local papers printed in their own or an adjoining town as is charged on those ;printed in the farthermost corner of the land ; and whereas such indiscrimination I S manifestly unjust and oppressive to the county press, and the patrons of local paper : R esolved, That our Senators and Repro entatives in Congres be r espectfully urged to lay this subject beforll t.heir honorable bodies, and to nse their influence for the modification of the present nnjust and oppres&ive law, and the restoration 

of the free county clause, or the enactment of a law in a measure regulating postage by the distance papers are sent. Resolved, That the corresponding secretary be instructed to furnish each of our Senators and Representatives wi1 h a copy of these preambles and resolutions, signed by the officers of the a ociation. 

The following was also passed : Resolved, That we deem it inexpedient to take any action that may result directly or indirectly in the restoration of the abuses of the franking privilege. P. B. COGSWELL, President. HOWARD F . HILL, 

Ron. W. B. SMALL. 

Corresponding Secretary. 

1\!r. COBB, of Kansas. At the outset of thi~ debate it was not my 

intention to occupy the attention of the House on this question for moro than ten or fifteen minutes. I know the House is already wearied 

with the discussion of the measure and is prepared to vote. But, sir, 

this debate has been permitted to wander outside of the question at 

issue before the House, and other matters have been brought in for 

consideration that I deem it my duty to some extent, and in my own humble way, to reply to. 

I listened last night, sir, to the able, the witty, the pungent, and 

the cogent speech of the gentleman from New Jersey, [Mr. PHELPS.] 

He opened his remarks by lecturing this House on that question of 

questions-economy. He said he came here on the 1st December la t 

prepared to carry out what he supposed to be the instructions of the 

country, to economize in "every particular, and that the very fir t 

proposition almost that was moved was on the part of the gentleman 

from Iowa, [1\lr. Do~AN,] the chairman of the Committee on Printing, asking for the publication of two hundred and fifty thousand 

Agricultural Reports. This proposition carried itself right to his sen itive heart, and he lost confidence in the Congress of the United 

States from that moment forward. It was of course not concealed 

from his observation and mine that this Congress within six or seven 

weeks after its a ombling had repealed what is known as the 

"salary grab," and had thereby saved the Government upward of 

1,000,000. Yet he was sen itive over the fa-ct that this House, so far as it is concerned, had almost uuanb:nously authorized the publica- tion of two hundred and fifty thousand Agricultural Reports. He 

lost confidence in the House. He was cognizant of the fact, as well as myself, tbat the House ha-d passed the Army appropriation 

bill, making a reduction of millions from that of the year preceding 

it. Yet, because of this act, he lost confidence in this House. The 

fact was patent that the naval a,ppropriation bill which ha-s gone 
1874. CONGRESSIONAL RECORD. 1781 

through this House was a reduction on any former appropriation for 

tho Navy for a series of yea.rs; and yet he lost confidence because of ·tbe two 'hundred and :fifty thousand Agricultural Reports. 

Mr. Speaker, in addition to that, he was cognizant of the fact that 

under the leadership of those able gentlemen upon this floor, the 

chairman of the Committee on Ways and Means and the chairman of 

the Committee on Appropriations, the respective Departments ha-d been 

called upon to,revisetheir respective lists of estimates for appropriations for the current year, and had done so at a reduction of millions 

from their former estimates. And yet he lost confidence. Why' 

Decause, forsooth, two hundred and fifty thousand agricultural documents of 1872 had been ordered to be printed. 

Mr. Speaker, I have been unable to see in the proceedings of this 

Congress anything that warrants the assumption that this Congress 

is not economical, and almost niggardly, in its appropriation-s for 

carrying on the affairs of the Government. After such a lecture, it was but a step for the gentleman to descend 

to a discussion of the speech of the gentlem:m from Illinois, [Mr. CANNON,] and to refer, perhaps with a somewhat patronizing air, ques- tionable in taste at least, to the fact that he had spoken words here 'fresh with aroma of the prairies, and done it with an untutored elo- quence. That was all true. Yet that grand and magnificent effort 

of my colleague upon th~ committee, the gentleman from Illinois, I 

apprehend will be read with as much avidity by his constituents and 

by my constituents, and the constituents that are founcl in the prairies and the woodlands of the country, as even the delectable and 

facetious rema.rks of the gentleman from New Jersey. 

But, sir, in traveling over this question the gentleman from New · Jersey ha.s seen fit to admit even that these documents have been called 

for from his district. And he has given us a disquisition upon geo- logical questions that is, to say the least, amusing. He has traveled 

through with his constituents from the paleozoic period to the meso- zoic peri <1, and has even got down with his constituents to the crus- taceous period in the mesozoic age. And it is a most remarkable prog- ress that I commend to the gentleman that he has but one xp.ore great 

period in geology to pass through with before his constituents in New 

Jersey will have reached the Adami tic age, or the age of the mind. 

It is something which will undoubtedly be a consolation to him on his dying bed to remember the fact that in something like a hundred 

thousand years from this time the citiz·ens of Bergen, Morris, and 

Passaic Counties, New Jersey, will have reached the mammal grade 

of life and be up with the rest of the country, and then probably want 

other documents than geological and preadamite. I congratulate the 

gentleman upon his near arrival to our age. 

At the same time he says that while he gets letters for these books 

upon geologi~al questions, he also gets letters asking for the loan of 

five dollars. Of course it is not applicable in this instance, but it may 

be that this lesson may have been taught by the instructions given 

at the ides of November. And then the gentleman tmveled somewhat 

out of the record to use this langua$e relative to the vast army of 

constituents of many of us upon this noor: . 

.rust here again I strike squarely against and take issue with the gentleman from 

Illinois. I am not a granuer, and I ao not want to give them what they want. I say it very boldly. [Laughter.] I do not like granger principles. The grangers did not nominate me ; tlie grangers did not vote for me. The republican party 

nominated me; the republican party voted for me, and I can know no other. I 

shall be loyal to the sentiments of the republican party ever; I shall stand by the 

principles which the republican party has declared ever, and I shall yield my loyalty to the r epublican party, and give in my fealty to this new party of the grangers, never, never-unless they shoUld happen to establish granges in the northern part 

of ew Jersey. 

But, Mr. Speaker, the gentleman, in his somewhat uncalled-for 

attack upon our western sovereigns, has been pleased to invoke the 

aid of holy writ. Like J eshurun, he says, the people have " waxed 

fat, and kicked." The figure is to some extent a two-edged weapon. 

I trust he will follow it to the end. Like Jeshurun, too, the people arc upright; I beg him to remember the definition of the term; and 

for them as well as for Jacob and Jeshurun were spoken the sublime 

words of the poet-prophet Isaiah : "Fear not, 0 Jacob, my servant, 

and thou, 0 J eshurun, whom I have chosen." Fear not, 0 grangers, my 

servants, andy&, f.O people, whom I have chosen. Chosen for what, 

does tho gentleman ask' Chosen to be the sovereigns of the mightiest 

republic of earth. Chosen-. to demonstrate the grand truth that in one hnd at least "a man is a man for a' that, and a' that and a' that." 

But, fr. Speaker, I am not clone with~he Scriptures yet. Leaving 

the musty promises of the old law, will the gentleman· go with me into t.hc new, ay, to the very presence of the Lord and Master Him- self, and with bated breath read this other lesson that we all should 

know' It is in these words : 

.And, behold, one came and said unto Him, Good Master, what good thin~ shall I do, that I may have eternal life~ And He said unto him, Why callest tnou me good f There is nQUe good but one, that is. God: but if thou wilt enter into life, 

keep the comma.nqments. He saith ·unto Him, Which~ Jesus said, Thou shalt 

do no murder, Thou shalt not commit adultery, Thou shalt not steal, Thou shalt not bear falso witness, Honor thy father and thy mother, and, thou shalt love thy n:Jighbor as thyself. The young man saith unto Him, .All these things have I kept 

"from my youth up. 

I have no question that th~t assertion of the young man in Scripture applies to other young men now in this age, and it may be upon th!.s floor. 

What lack I yet 1 

Jesus said unto him, If thou wilt be perfect, go and sell that thou hast, and give to the poor, and thou shall have treasure in heaven : and come and follow me. But when the young man heard that saying, he went away sorrowful: for he ha.~ 

great possessions. 

Then sa.id Jesus unto his disciples, Verily I say unto you, that a rich man shall 

har(lly enter into the kingdom of heaven. 

And a;~ain I say unto you, It is easier for a camel to go through the eye of a needle, tnan for a rich man to enter into the kingdom of Q-Qd. (Matthew, xix, 20-24.) 

And as he did so be probably took from his desk the Congressional 

Directory of that year, and read the young man's inventory, as fol- lows: · 

William Walter Dives, of '.ranglewood, beyond .Torda , was born at Jerusalem, auno Domini 12; was a graduate at the colle$e of Samaria called Yale, in the year 31, with high honors ; afterward he pursueu his studies in Europe, and later at the law school of Gamaliel of .r erusalem, where he received the valedictory appoint- ment of his class ; then entered immediately upon the practice of the law; he is a director of the National City Bank and Second National Bank of Jerusalem, the 

Herod Trust Company and Farmers' Loan and Trust Company; also in the following_ railroad companies, (supposed to. be horse railroads:) Delaware, Lackawanna ana Western, Oswego and Syracuse, Syra~use and Bethlehem, Cayuga and Gennes 

aret, International of Judea, Jaffa and Great Northern, New Nineveh and Baby Ion, 

Morris and Essex, and others. 

And I suppose that the word "others," used in that ancient Con- gressional Directory, as read at that time, was in fact like the act which 

crowned the life of Samson, "greater than all that preceded it." 

Now, I do not pretend to say, turning to page 41 of the Congres!:iional 

Directory of this Congress, that· ·there is any analogy between the 

young man referred to in the Scriptures, who "went away sorrow- ful, for he had great possessions," and the gentleman whose history 

is recorded here in the Congressional Directory ; yet there are those 

who will harbor the ungenerous thought when they read it in these 

words: 

WILLIAM WALTER PHELPS, of Englewood, was born at New York, August 24, 

1839; was graduated at Yale College in 1860, with high honors; afterwards he pur- sued his studies in Europe, and later at Columbia College Law School, of New York, where he received the valedictory appointment of his class; then entered 

immediately upon the practice oi la.w; he is a director of the N ationai City Bank 

and Second National Bank of New York, the United States Trust Company, and 

Farmers' Loa.Il and Trust Company; also in t.he following railroad companies, 

namely: Delaware, Lackawanna and Western, O~weuoand Syracuse, Syracuse and 

Binghamton, Cayuga and Susquehanna, Internahona'l of Texas, Houston and Great 

Northern, New Haven and Northampton, Morris and Essex, and others; he was lected Fellow of Yale Colle~e in July, 1872, and was elected to the Forty-third Con- gress by a vote of 12,701 agamst 9,986 votes for .A.. B. Woodruff. 

Certain it is, ~fr. Speaker, that there is a remarkable analogy between the history of the young man as detailed by the Divine Master and read in the Congressional Directory of th<~.t period- the young man who went out sorrowful from the presence of the Mighty Lord- and the gentleman from New Jersey, who last nightthrewhimself in 

the teeth of the granger element of the country and defied it. Let us hope that their ends may not be the same. Mr. Speaker, I think it was a most extraordinary exposition that we saw upon this :floor yesterday afternoon. It is a glorious era in 

the history of the country when a man can stand here and say, and 

the declaration is not particularly applauded, that he is the apologist 

and advocate of the grasping corporations in this country. I say this as one who represents a constituency that is loyal and true, and is, 

in addition to that, subject to the anathema of the gentleman from 

New Jersey; for they are grangers. Perhaps in a few years more the 

truth.may dawn in this House, as it is dawning in the country, that 

the people's interests have now the front ; and as that shall appear, 

let m~ hope that more and more it will be populai' here to be their 

friend, and by conse9.uence more and more it will be unpopular to be 

the reverse. Then shall such a speech as the gentleman from New 

Jersey delivered receive less applause for its sentiment, while its wit 

will ever elicit admiration. Mr. PHELPS. I would not interrupt the gentleman but for the fact 

that he gives me the credit of speaking well of railways, express com- panies, banks, manufactories, and other forms of industry which are developing the resources of the country. Anticipating the possibility 

of such a misunderstanding, I stated my position explicitly yesterday; 

and no man on this floor can go further than I did in heaping every 

possible abuse upon railways and express companies, which I said had no rights we were bound to respect. I interrupt the gentleman now only to say that after I labored so hard to be clear, it is exceedingly 

unfair that he should char~e me with standing up here as the apolo- gist of the railways, of which I distinctly declared myself the opponent. Mr. COBB, of Kansas. T'ne gentleman says he is their opponent; 

yet at the same time he thanks me for calling the a.ttention of the 

House and the country to the fact that he was and is the friend of the 

railways and express companies and the monopolists of the land. 

Mr. PHELPS. When dicl I say that Y 

Mr. COBB, of Kansas. Just now, at~ I understood the gentleman, Mr . Speaker. I certainly intended not to misstate the gentleman's position. I honor him for standing by his own, as I stand by mine. I honor him 

forstandinghereinboldandmanlystyleandsayingthatheisthefriend 

of the railroads and the grasping corporations of this country. I do not 

particularly honor him for coming here and saying that this bill pro- poses to raise in this country a privileged class, when, as the apologist and advocate of these railroads and other monopolies, he knows 

that there is but one class in this country that is-more especially a privileged class than any other. Who, I ask the gentleman from New J erse . , have whole States and Territories of the public land by virtuo 
1782 CONGRESSIONAL RECORD. FEBRUARY 25, 

of the bounty of the Government, aod have made untold wealth out 

of the public domain, but the railroads t Who have increased the 

national debt, by special grants from Congress, to the amount of 

hundreds of millions, except the railroads It certainly ill becomes 

them to speak of privileged classes in this country. What farmer is 

not, by his sweat, paying a portion of the interest upon these bonds 

by way of taxation t And now that he wants the miserable pittance 

of an Agricultural Report now and then from his Congressman, why 

does the gentleman, in the interest of his friends, deny him so small a request Y 

But, Mr. Speaker, let me say that the man who sits in his satin 

slippers in silken chairs in Washington, Boston, or New York, heedles of the muttering thunders of tho e distant prairies, is mistaken 

if be supposes the sound is not the sureprecursorof the coming storm. 

Those grangers, let me tell the gentleman, mean business. They are scattered all over the valleys and hill-sides of the Mississippi. They are the movable force of twenty million people. Against their cry 

for fair play and justice it 1s foolish a,nd unwi e for you to array the 

Philadelphia or any otherplatform. Theywillhe:.tvejnstice,inside the r epublican party 'if they can; outside if they must. They have deter- mined that the winter's :fire which warms their wives and babes shall 

be fed by other fuel than corn hereafter. As their own strong arms anu brave hearts carried the flag of their country in the face of the 

bravest of foes to the Gulf, and left the waters of their great river unvexed from its source to the sea, so they mean that in like manner their commerce shall go out unvexed by sand-bars and obstructions. 

They mean that the public domain shall be carved into free homes 

for freemen. They mean to give the railroads exactly what is nominated in the bonds which invest them with empires of public land; 

they do not mean to give them more. They want money in exchange 

for their product.s. They want a chanc~to livewithyou. Theywant 

the blessings of the Government they h elped to save to fall equally 

upon all. I want them t.o have it; the gentleman is willing they 

shall have it, if it is found in the Philadelphia platform. They ask 

for bread, and he gives them a stone. I like their principles; -he does 

not. I am a republican in the loftie t sense, believing in progress 

and reform. If I judge him rightly, he is not. _ But, Mr. Speaker, I am dwelling too long upon this subject. The . great reason in my opinion why this measure ought to pass is because 

it is demanded by the people, a,nd because, in addition to that, it is 

opposed by those instrumentalities upon --this floor which, it cannot hav~ escaped observation, (and this is my sole reason for calling 

attention to the gentleman's inventory supplied by himself,) are cer- tainly not in the interest of the people in the hi..,.hest sense. Sir, the gentleman from Ma sacbusetts, [Mr. G. F. HoAR,] who on every occasion upon this floor speaks with wisdom, and whose words ever meet with respect, in a speech which he delivered during the 

Forty-second Congre , struck, in my judgment, the key-note of this 

whole matter. He said that this Government was not like the government of Great Britain or of any other country on the face of the 

earth; that the Government of the United States had its foundation 

upon the intelligence of the people, who are its sovereigns. One hundred families! he said, con titute tho ruling class in England. 'l'he 

younger sons of the nobility, with long lines of stocks, with a long 

list of directories to which they are attached, form the English House 

of Commons. In this country it is reserved for one even as poor and 

humble as myself, by energy and devotion of pnrpo e, to have the 

privilege of standing as a member in this the mightiest forum on earth. Such is the character of this Government, arid we have the right, 

Mr. Speaker, to be judged, as we are in this forum; we have the right, 

and the people have the right, to know the words wl}ich fall from our lips, and the votes we here give as their representatives. How is 

it to be done Take up the metropolitan press, if you plea.se, which 

make 1·eports of our speeches here, and tell me if there is an·y man on this floor who would for a moment stand by the record these papers 

would make for him Y If there is no other opportunity to be known 

to the country except through the reporters' gallery, then indeed the somce of power is not upon this floor or with the people, but it 

emanates from that body of men who sit in the reporters' gallery and 

record our proceedings. They are in reality, then, the Government. 

But, sir, such ought not to be t.he fact. It is due to us, it is due to 

the country, and to the press, that it-should be otherwise. Let us have 

free and unobstructed lines of travel between the people and their 

creature, the Government. Let there be no toll-gates in these highways. It will be better for us in such an event ; better for all. }'or this reason chiefly I give this bill my hen,rtiest support. 

One moment more, Mr. Speaker, for I have occupied more time than 

I intended. Of the Agricultural Report of 1872 there were published 

nine copies each for the Senate, and tluee each for the members of 

the House, of the Forty-second Congress. Let me call the attention of 

the House to the table of contents of that book, and let us see for a· moment whether there ought not to be au additional number sent 

broadcast throu<Yhout the land for the people. This is the book, mark you, the publication of two hundred and fifty 

thousand copies of which, ordered by the House, so dampened the 

spirit of the gentleman from New Jersey, and bereft him of confidence in this Congress. 

First is tho report of tho Commissioner; then report of the statis- tician ; report of the entomologist; report of the chemist ; re ort of 

the botanist; reclamation of wasto lands ; microscopic inve igations; influenza in horses; fish culture; a hundred years' progres ; 

silk cultivation; forest cultivation on the plains; city milk supply; 

progress of industrial education; recent rural publications; tests of 

Department seeds; organization of swine-breeding ; recent facts, (agricultural;) farm experiments. Digests of State reports of Indiana, 

illinois, I owa,, Michigan, Uis ouri, New Hampshire~ Ohio. Donations 

to the museum; and finally the index. - If this book is of no value to the country, then let the Agricultural 

Department be abolished; if it be what its contents purport, its 

value is great and it ought to reach the people. Let the Hou e and the country look to another fact. You appropriate 30,000,000 to theW ar Department, you appropriate 29,000,000 

to the Po t-Office Department, and you appropriate the miserably 

pitiful sum of 200,000 to the Agricultural Department. Contrast 

the facts these :figures present. Have the grangers no reason to com- plain at this viewY Ought not Congress to look to thi Y Perhaps even here may be found a little of the ground-work of that popular uprising in theW est which the gentleman does not like. 

Mr. Speaker, I· yield ten minutes of my time to the gentleman from 

Illinois, [l\1r. \V ARD. J 

Mr. PHELPS. Does not my friend from Kansa.s think it proper to . yield :en or fifteen minutes to me, by which I may obtain the ear of 

the House and plead guilty or not guilty to his terrible indictment 'I 

Mr. COBB, of Kansas. I have yielded ten minutes of my time to 

the gentleman from IJlinois, [Mr. WARD,] who now holds the floor. 

Mr. PHELPS. Is there no method, fr. Speaker, by wbich the 

House can give me anopportunityto answerto the indictment which 

the gentleman from Kansas makes a.gainst me of high crimes and 

misdemeanors Y 

:Mr. COBB, of Kansas. I can arrange my time, I think, so as to give 

the gentleman five minutes, and I hope the House will give him a Ion <Yer time. 

Mr. \V ARD, of Illinois. I will be glad to see the gentleman from 

New Jersey obtain the floor, but of the little time accorded me I have no right to give any away. :Mr. 1\fERRIAM. I move that the gentleman from New Jersey be 

allowed ten minutes-not to come out of the time yielded to the gen- tleman from Illinois, [Mr. WARD.] 

1\Ir. ATKINS. I object to any arrangement of that kind unless the 

gentleman from Kansas [Mr. ConB] can be allowed to reply. 

The SPEAKER pro tempore, (Mr. BoRROWS in the chair.) The gentlemanfrom Illinois [1\lr. WARD] is entitled to the floor for t en minutes. 

Mr. \V ARD, of illinois. As I will vote against this bill, and as I 

ente1·tain high respect for this committee, and especially for my colleague, who is a member of it, I desire-to state the reasons for my action. 

I felt at the time of the repeal of the franking privilege that perhaps it was to some extent a mistake. I had never exercised it. I did not know 

fully about it; and I did not care to inquire. At what I deemed to 

be the behest of the people, Congress saw :fit to repeal it. Now, I only 

speak, and intend only to speak, with reference to what appeared t o me to be the wishes of the people upon this subject. Whether or not 

it is a desirable privilege to be extended to members of Congress I 

will not inquire. 

The convention of the republican party declared for it repeal; the 

conventions which nominated most, or at lea t many, of the members 

upon this floor declared for its r epeal. In obedience to that expression of opinion the law was r epealed. I have listened to the :ugn- ments webaveheardhere with interest. I have been almostconvincud 

at times that it would be a proper thing to restore it. But I have 

not heard yet that any consiclerable.body of men, even the grangers or any others that have been referrecl to, or any considerable portion 

of the people in convention or public meeting assembled, have de- manded its restoration. The abuses which were complained of, aml 

:finally procured the repeal of the l aw, are, in my judgment, entirely 

owing to the kind of frank which it is propo ed here tore tore. I 

believe that the loading of the mails with the free documen ts now proposed to be. sent free through them produced t.hat condition of 

public opinion which demanded the repeal of the law. 

Now, sir, until I am satisfied that the people who asked its repeal 

demand its restoration I am bound t o vote against this bill. That 

is subs'*iantially or very nearly all I care or desire to say. I have prepared, for the purpose of being read at the proper time, an important 

amendment, and after a word with reference to that I am done. 

The Clerk read as follows : 

Amend the bill by inserting: after the word "thereof," in the sixth line of section 

1, the following words: "Including the printed s-peeches of member~:~ of Congress 

and Senators matle in eHher House thereof, whether printed by authority of Congress or not." 

1\IT. WARD, of illinois. I offer that amendment without being 

open to the charge of desiring or reckoning to spread my own speeches 

abroad in the land. I have never made any here ; and I do not imag-: 

ine I ever will. After the results I liave seen befall· those who ha.ve 

made speeches, I rather quail before the attempt. [Laughter.] But 

I do desire the privilege to be restored of sending speeches of mem- bers of Congress, whether printed by th~ House or not. It appears t o me that one of the things the people desire to understand is what we say here, as much as what other people say in many of those books we will distribute under this bill. I am not open to the cha.r..,.e of 

selfishness in offering this. But while I shall vote against t he bilfand 

all its amendments, I hope, .if it pa s at all, that tllis one which l 
1874. CONGRESSIONAL RECORD. 1783 . 

have read will be incorporated. I do not like this unjtist diserimination. against the speeches printed in a little better style in a private 

office in favor of those printed jn the Government Printing Office. I 

do not think the people want it; and I do think that speeches of mem- bers of Congress delivered here are as important to the members-I do 

not know how it is to the people- as any document that will be distributed under the frank, if we restore it in the manner proposed by 

this bill. 

I Jrjeld the balance of my time, if I have any left, back t-o the O'entleman from Kansas, [Mr. CoBB,] who courteously yielded the floor 

tome. 

Jltfr. COBB, of Kansas. I yield to the gentleman from New Jersey, 

[Mr. PHELPS.] - Mr. PHELPS. I do not want to make any speech. I only want to 

say something. [Laughter.] I confess to trouble in deciding in what manner I shall answer the indictment which has been so suddenly 

and unexpectedly entered. First, to avoid any misconception, I want 

to say that I httve not the slightest feeling of anger at my friend from 

Kansas [Mr. COBB] for the course he has seen fit to pursue. Indeed, 

! feel grateful to him for one result. Yesterday !thought that it was wrong to vote for re-establishing the franking privilege. But his 

remarks were so pertinent and close to the merits of the bill under 

discussion that I acknowledge conviction. . I had not the good fortune to be in the House at the opening of the 

gentleman's remarks : fortuna,tely I heard the ririddle and the end. 

I hope I shall not dwell on the personalities in them further tha,n to 

make one vr two necessary corrections. He tried to thrust upon mo some issues for which I am not responsible, and which lie between 

this House and myself. The e I must correct. It is not true that I spoke disrespectfully of this House. It is 

not true that I entertained any but the highest regards for it-s mem- bers. And it is wrong in my friend from Kansas to drag in a foreign 

issue. 

Did I violate any proper rule of criticis in saying that in my 

opinion-an opinion which I share with many others-this House had 

not displa.ye<l during this session that practical interest in economy 

which the country expected, and which the necessity of the Trea-sury 

required' It was proper criticism, and it is the truth. 

But the gentleman has made personal chn.rges to which I must 

plead guilty. He has found the facts and r ead them from the Congre sional Directory. With the propriety of the method in which he 

conducted that portion of his argument I find no fault. If it suits 

him it suits me. .AB to the facts which he has exhibited to this 

House, they are correct. I have been unfortunate enough by hard 

work, industry, and a moderate amount of honesty, to have secured 

the positions he mentions. They involve a deal of labor, a deal of 

care, a deal of responsibility, and if anyma.n envies me therefor I pity 

him. I will cheerfully yield the positions if he will assume the care. 

Yes, I am guilty. 

But why did not the gentleman, when he was presenting this record 

to the House, say something like this : "It is a disgrace to this member 

of the House that he has secured these positions. It :ts a disgrace to 

this member that widows and orphans have been willing to trust him 

with their "funds. It is a disgrace that in my State and other States 

he buried his money in railways which have ma-de the country rich 

and which have left him poor. But it is proper for me to say that 

while he has done all these disgraceful acts, still, when t h e people of 

his district chose to sen<lhim here to represent them, he announced 

publicly his misfortune. It is a redeeming feature in his case that he 

said, in effect, "Though! have done wrong, though I have accumu- lated wealth, though I have aided where I could the developing of distant parts of the cotmtry, yet still, knowing the disgra.ceof such con- duct, and unwillingthat any man here shoul<) suppose that my acts are influenced by interests which the House assumes but does not 

know, J will send to the CONGRESSIONAL RECORD an extract from the 

New Jer ey Manual, which will give to all thi.:; damning record of my 

past." 1y friend from Kansas might at least have done me this justice. Sir, if it be disgraceful to be a director of trust compani6s and of 

banks; if it be a disgrace to be a director of railroad and express com- panies; if it be wicked and contrary to the spirit of American institutions that I should endeavor by thrift and honesty to accumulate 

that property for which others toH, yet I take this credit, that I made a clean breast of it. Did I not, in anticipation of ilhe polite curiosity 

that might introduce a resolution of inquiry, boldly and voluntarily go 

upon the record Give me credit at least for ingenuousness, at least for 

frankness, at least for fair dealing, when I allowed this CoNGRESSIONAL 

RECORD, which goes upon the desk of every member here, to declare 

that I was a pariah, whom every man might kick; a leper stained 

with the leprosy of wealth, whom no man should speak to. This I can bear-it is my fate. But one thing he said deeply pained me. J[e thought I made sport of my friend from Illinois, [Mr. CANNO:N.] 

...dy rrwnd from Illinois himself knows better. The gentleman from 

Kansas thought !insulted thegentlemanfromlllinois, when! claimed 

that his eloquence wa. untutored. Mr. Speaker, that eloquence which 

is not derived from schools, which comes directly from the heart, is a nobler eloquence than any which my friend from Kansas gained 

when in the dark days of his ilisgrace he entered the "freshman and 

sophomore-classes of Beloit and graduated at Brown;" anu I will 

acknowled~e to the House that it is better to speak for the interest 

of those wno live upon the prairies, as did my friend from Illinois, 

than it is to speak for one's own popularity with the grangers, or to 

paint pictures of Zenxis and .A.pelles, who, for all I know, are the 

chiefs of the grangers. [Laughter.] If I called the eloquence of my 

friend from Illinois "rmtutored," I so called it beca,use he called it 

"untutored;' himself. And if I praised him, I praised him honestly, 

for the sincerity which I r ecognizedinevery singleword that he said. 

I trust that my friend from Illinois knows me well enough to know 

that this apology was not needed by him, but is made to this HoUde 

lest they might be misled by the remarks of the gentleman from Kan- sas. 

A friend suggests to me that it mi~ht be proper to review the record 

of the gentlem:m from Kansas. Tali:e the book; read the reconl. I 

admit, without one feeling of disappointment, thnt -in that record I 

find nothing which is not creditable. I find nothing to censure, ex- cept that he endeavored to obtain at the universities that education 

which has enabled him to speak so forcibly here. Aside from that, 

nothing of which he need be ashamed. I find that instead of wa ting 

his time in increasing the material interests of this country, instead 

of building railroads or establishing banks or doing anything of that 

ilisreputable, but humble and useful kind, wiser than I, he preferred as a non-producer, continually to feed at different corners of the public crib. [Laughter.] 

[Here the ha,::nmer fell.] 

The SPE.AKERp1·o tempm·e. The time of the gentleman from New 

J ersey [Mr. PHELPS] ha-s expired. 

Several MEl\ffiERS. Let him go on. 

The SPEAKER p1·o tempore. If there be no objection, the gentle- man will proceed. The Chair hears none. ~fr. PHELPS. The gentleman's record, therefore, was different 

from mine. I earned my own support; he took his from t h o people. 

I lftbore(l in every way to a<Jcumula,te tha.t material wealth which is 

the secret of a. new country's development and growth; he cho e, as a politic way, to use in a proper way the wealth which others had ac- quired.. Now, mark yon, Mr. Speaker, I could l'Un on so:rp.e time in 

t.his strain; but that would be just as unfair to him as he was to me; 

for really it is no disgrace to me that, having a taste for material interests, I chose to labor for -l;he development of the country; neither 

is it any disgrace to him that, having a taste and ca.pacity for public 

life, he went into it, and from his majority held office. And, sir, had 

I been as successful as he has been, up to the present time, in receiving the honors of my plfrly, I fear that like hlm I would never hesi- tate on any occasion, at any risk of good sense, of good breecling, of 

politeness-nothing should forbid me-to seize every opportunity, 

whether fair or unfair, to speak as I thought would please my people, 

though to do it I hacl to twist the eternal rules of truth, and make 

the wrong appe:Y the better reason. 

l\fr. Speaker, I regret I have occupied at all the time of this House. 

I did not wish to speak; but it seemed to me that, after an assault 

which was so directly personal, I should seize the opportunity of 

stating what I have endeavored to say in an incon equential way. 

It is true that I have wealth-I beg pardon, Mr. Speaker; that 

expression only shows that there is no proposition which a man can state absolutely. Before the panic it might have been well said tl1at 

I could support myself and my family without the daily toil of the 

laborer, or the salary of t:Q.e office-holder. But that panic, which was the result of paper money-! am glad to get in one good point in this 

wretched mess of personalities, [laug:hter]-that panic, the result of an issue of irredeemable currency, <lid so injure me that I would be 

to-day willing to compare my possessions with those of my friend 

from Kansa.s; and upon such a comparison, he c01mting the money 

which he had got from the people, and I deducting the money which 

I had lost in Kansas railways, I am pretty sure he would find that, 

standing here to-day, he is a richer man than I. And the only bitterness I feel on this occasion is, that in these very railways in which 

I have made investments, and which pass mostly throu.-rh the West- ern States, I have lost a great part of the fortune for the possession 

of which I am taunted. 

:My friend from Illinois, in his rem:Yks, rather implied that I was a railway man, and therefore hostile to the prairies. Is it improper-to 

sll.y that through his own prairies, through his towns of Urbana and 

Champaign, there was a railroad bUilt in which I was interested' It 

raised the value of t.hose prairies at least 100 per cent., and caused 

the growth of little cities all along its line. So his district gained by 

my rail way; and as yet I .ha.ve not got, and see no chance of getting 

back, my money. Yet these representatives of the "grangers," who 

ha.ve got our eastern money and kept it, who have received from us these railways and given us nothing in r eturn excepL a eries of hopeless investments, stand up h ere in holy horror ancl declare that we hall not be allowed to speak on ihis matter, because we lo t our money in theW est. Under these circumstances, is it fair for my friend 

from Kansas to take eastern money, use it in his railways, grow rich 

upon the proceeds of it, ancl then taunt us because we were foolish ·enough to go to Kansas and invest itt 

If I am forced to speak of these railways, I think I may safely say 

that if my friend will look all through the disgraceful record of railways with which I am connected, there will not be found (unless I am deceived) one that ever received or ever asked aid from this Gov- ernment, either in the way of money subsidy or land gratuity. I am a representative of New Jersey. I have acquired wealth, and spent it 

in Kansa-s, in illinois, and in Texas, getting frQIO it, in many cas~:Js, no 
1784 CONGRESSIONAL RECORD. FEBRUARY 25, 

return ; getting from it in no case returns until long years have passed. 

Sha.ll I for these reasons be prevented from speaking in thi House 

what I may think with reference to the merit of the great questions 

which are brought before us' If my own modesty or the fear of the gran~ers should counsel silence, there is that in my representative 

po ition here which forbids me; and so long as the farmers of New 

Jer ey send a man so stained with the achievements of honest industry to represent them on this floor, I shall, whether I am to be 

followed the next morning by my friend from Kansas or not, speak in 

the interests of the people as I understand those interests; speak for 

the welfare of the whole country as I understand its welfare; and no taunt of this kind from any source shall ever prevent me from meeting promptly every charge which may be hurled against me here or elsewhere. 

Mr. COBB, of Kansas. I want to say to the gentleman from New 

Jersey that I never int.ended to arraign him in_the slighte t degree 

because he held those positions. I honor him for what he acquired; 

I honor him for his ability displayed upon this floor; I honor him for 

his general ability and for his distinction as a man. No man on this 

floor goes before me in respect for the gentleman from New Jer ey; 

but I called attention to a fact, which I believed I had the right to 

do; and when I saw the representative of an eno:rmous number of the e corporatioDB rising upon this floor and arraigning the grangers of the 

West I thought it my duty to myself and to my constituents to say 

that he ought not to do it. I did it without intending any insult and 

without intending any offense at all to the gentleman from New J ersey. 

I now yield t he remaining portion of my time to the gentleman from 

Indiana, [Mr. COBUR~.] 

Mr. COBURN. 1\lr. Speaker, I have not much to say on this question; but having voted for the repeal of the franking privilege, and 

intending now to vote for what some wrongly term a restoration of 

the franking privilege, I desire to define my po ition. When the law 

which provided for the franking privilege was repealed, it was well 

understood in Congre s, by the Postmaster-General and by all inter- ested, that some provision should be made for the free transmis ion of 

public documents. I think no majority could have been obtained in 

either House of Congress without an express understanding that some measm·e like this for free transmission of public documents would be 

inaugurated and pushed to its pa age. I remember very well the 

f eeling of disappointment which prevailed in the House, and which 

I thlnk in a degree prevailed in the country, when no provision wa-s made for the free transmission of documents by the last Congress. .And now the argument is shoved upon us that we must not pass 

this mea-sure becau e we are acting inconsistently. So far as I am concerned, I know of no inconsistency in thus providing for the free 

transmis ion of documents published at the expense of tho Govern- ment, but rather consistency, in breaking down whatever there was that was per onal, and in restoring whatever there was that wa-s gen- eral and public in its nature in free mails. We have erected, 1\fr. peaker, an immense printing establishment 

here in the city of Wa hington, and the very object of that estab- lishment was to give the people promptly, at a cheap rate, these pub- lic documents. Now, are we prepared to abandon that method of 

printing to-day- a method without a rival on earth 'I Are we prepared to give up the printing of the reports of the various Departments of the Government¥ If we are prepared to abandon it enthely, 

then let us abolish free mails. I propo e to show the House by a few facts that we will not save anythin~ by not providing for t he free circulation of documents if 

we contmue to print them. In t.he first place, we save nothing at 

all so far as mail contracts are concerned. The best evidence shows 

that fact; and I am convinced, from the investigation of men who 

have devoted much time to this subject, that mail contracts in the 

main will be about the same whether we have a free transmission of 

documents or not. In other words, the free matter going out from 

here is so small compared with the great amount of matter going 

through the mails that it does not enter into the calculation of mail 

contractors when they put in their bids. Then, where can we save money 7 Where can economy step in 7 In no other place than the 

printing office. I propose to call the attention of th e members to 

what we do print and what it costs, to see whether all this talk in 

this business about saving money to the Government, about economy 

in the expenditures and an vantage to the people, amounts to anything. I have in my h and a statement from th!3 Public Printer, made within 

two months, going to show the whole expense for ~he printing of all 

the documents furnished Congress during the past year. The amount 

is 518,~94 12; and that includes all documents for the last Congre s. Some of them were census reports which cost about 153,000. So, then, 

the reports of the la-st Congre s cost not very much over $350,000. It 

is true, t he public printing and binding co t about 2,000,000; but 

t hat whlch we are propo ing to do away with, if we prevent the printing of every single book here, would save to the Government only about $350,000, even if we refused to print every document. No man proposes to abolish printing entirely. Nobody proposes to do away with theprintingof thesepublicdocuments. Nomanj..sinsaneenough 

to say we shall not publish the reports of officers of the working of 

their Departments- the operations of this Government. To do so would be barbarism; would be suicide, would be maU.ness. We cannot, 

then, cut off anyt~g except some of these Agricultural Reports, and 

a few of the messages and documents1 in order that we may furnish 

the people the smallest modicum of information in reference to the 

workings of the Government. .And who is prepared to give up the 

Agricultural Reports 

The letter of the Congressional Printer is a follows, and shows that 

there have been the gro sest errors among well-informecl men as to the 

amount of documental printing, and demonstrates very clearly that 

three-fourths of the expenses of the Public Printing Office are dno 

to the business of the Departments, they being furnished entirely in 

books, records, blanks, and documents from this office, commanding 

three-fourths of its time : 

To the Editor ojthe Ne:w York Times: 

The country at this exciting juncture is being startled by the oft-repeated an nouncement that the printing and binding for the Government co t annually about 

2,000,000_ This seems to be a. vast sum of money ; but when it i correctly tmller- stood what this expenditure covers there is nothing very surpri ing or alarmiurr in 

the proclamation, be it reiterated ever so often- My attention has been called to this subject more especially by the appearance in the Times of a recent private let- ter from Speaker BLAThJJ: to a friend in your city, and which you publi 1hed on the 

25th instant, attended by a ca.refull_v written editorial under the caption of "Public 

Printing," in which the following erroneous para)!I'aph occurs: "The public printing has cost the Government about$2,000 000 per annum, and the 

greater part of this va t sum has been expended for public documents, which have 

gone through the mails free_" 

When you become correctly informed on this point you will see that in making this statement yon have been betrayed into a grave error of fact_ The truth docs not justify it; and as a high-toned public journal, which seeks to nlighten rather 

than to mislead the popular judgment, I feel convinced that you will correct the error when the facts are clearly presented. You are correct in the abstract state- ment that "the public printing" (you should have included the public binuing) "has cost the Government about 2,000.000 per annnm;" but it is ::m en·or to state that "the greater part of this vast sum ha-s been expended for public docnments 

which have gone through the mails free_" 

The approptiation for the printing and binding for the Government for everal 

years bas been about 2,000,000 per annum_ During the la t year, enuing Septem- ber 30, the amount expended for printing and bindirig for Congre was 74,998-27; 

for all the Executive Departments, including the Judiciary and the Gi>vernment 

Printin" Office, it was 1,2J..¥39_77_ 

It is 'but truth to state that the printing and bindinu for the Executive and 

Judicial Departm nt~ include all the blanks, blank-bo~s, &c., required for tho 

business of the Government here and elsewhere throughout the country_ The State Department supplies its own office, the offices of all foreign ministers 

and consulates, a well as its foreign conventions, for the making of treatie; , with 

the blanks, circulars, blank-books, &c_, for the transaction of its business, through this office. The Treasury Department snp11lics it own needs and all the en tom-house , internal-revenue offices, the Li~ht-House Board, the Comptroller of the Currency, all its Auditors, the First ana Second Comptroller , its a sistant treasuries and 

depositories in your city and elsewhere throughout the nation, the Bure.'tu of Statisties, the Coa, t Survey, and the Supervising .Architect with all the printing, bindin.g, the blanks and blank-books, &c_, nece ary to conduct the bu iness of tlie 

Gi>vernmentrelatingto itself throughout the country; and all from this office_ 

The Int.erior Department looks to this offioo for all the printing and binding, 

blanks, blank-books, &c-, for its own necessities, for the Commi sioner of Pensions, the Commissioner of Patents, the Commi sioner of the Land Office, the Commi . sioner of Indian Affairs, the Superintendent of the Census, and the Commissioner of 

Education. 

The War Department provides through this offioo all the printing, binding, blank· 

books, blanks, order', &c-, for the office of its Secretary, tho Adjutant-General, the 

Quartermaster-General, the Commi ary-General, the Surgeon-General, the Pay- master-General, theChiefofEn.gineers, and theBnreauof Ordnance; and, through 

these, all the IlliTI.ta.ry depots, forts, and garrisons in the Union are supplied with 

blanks, blank-books, &c_ . The Navy Department supplies the office of its Secretary, the Bureaus of Equip- ment and Recruiting, of Provisions and Clothin~: of Yards and Docks, of Construction and Repair, of Steam Engineering, of Mea.icine and Surgery, of Ordnance, and of Navigation, with all the prmtin~ and binuing, blanks, bl!mk-books, &c_, 

necessary for the transaction of 1ts busmess, through the GoverlUDent Printing 

Office. 

The Judiciary, including the Supreme Court of_ the United States, the supreme court of the District of Columbia, the Court of Claims, the Department of Justice, 

the office of the Attorney-General, and the Metropolitan police board, are proviu tl 

with all their printing and binding through this office_ 

The Post-Office Department supplies ali the post-offices and all the money-order offices in the United States (the blank money orders alone forming a. ve1·y impor- tant item in the busine s of this office) with all the blank _ blank-books, and other printing and binuing necessary to the proper discharl?ie of their unties, unuer the 

annual appropriations made for the public printing ana binding_ The Department of Agriculture, also, is supplied with all its pxinting and bincling from this office. 

All experience clearly establishes the fact that these supplies have cost vastly more money to tho Government unuer the former practice of pro<Jwing them from 

private establishments than under the present system, in whlch the Government is its own printer and binder_ As a mea.sure of economy, there is no doubt that the 

law which provides that all printing ancl binding for the Government shall be clone at its printing office is fraught with beneficial r esults_ It is my present purpose1 however, more e pecially to present to the public mind some idea of the extent ana character of the printing and binding required by theGoverument in all its depart- ments, and which is covered by the annual appropriations made for that purpose. 

It is apparent from the records of this office that the greater part of tho $2,000,000 

appropriated for the public printing and binding is ab orbeil by the E:xe<Jnti-;-

Departments of the Gov rnment~ instead of being, as is stated in the paragraph b~~~ above, "expenued for public documents which have gone through the mails 

From a careful examination and analysi of the books of this office, it appears 

that of the 74,998.27 expended in 1873 for all the printing and biniling for Congrc s, the amount absolutely used for the printin.g and binding of extra numbers of documents" which have gone through the mails free" is $518,394-12, which, instead of 

being the greater part of the 2,000,000 appropriated and expended for the public printing and binding, is really only about one-fourth of the entire amount. Of the 

above amount, 153, 75LB4 has been expended for the census of 1870. In this connection it is proper to state that the law requires a given nnmber of 

all documents, (l,G75,) known as "usual number," to be printed for the use of CongreBS, only a portion of which are bound, a-s what is called the reserve, and that the 

printing of these carries with it the full expense of the compo ition therefor. 

The expen e of extra. numbers, which have been printed under r esolution alone, 

for free distribution, and have •- ~one through the mails free," is only for the 

:r,aper, press-work, and bindin~ involvccl, the composition being charge«l against the • usual number," which are prmted in accordance with a long-standing statute. 
.... 

1874. CONGRESSIONAL RECORD. 1785 

I have attempted, as briefly as possible, to present this question of the public printing in a plain, pmctica.llight, that errors may be corrected, and a better understanding of it may enter the public mind. 

OFFICE OF THE CONGRESSIONAL PR~R, 

Washington, December 27, 1873. 

A.M. ULAPP, 

Congressional Printer. 

Here, then, ls the cost of printing, less than a thousand dollars' worth 

to each member of the House and Senate, to be by them delivered to 

their constituents, and containing the exact position, undeniable evidence, and account of the operations of the Government to be found 

nowhere else, and if not printed to be obtained neither for money nor 

by favor. 

I now propose to show that with but one or two exceptions these re- ports are now, and have been,publishedin scantyandinadequatenumbers; that the great departmental reports are furnished in meager 

quantities to members, totally insufficient for the needs of an intelligent self-governing society, totally out of proportion to the vast interests concerned, and the enormous responsibilities assumed by the 

servants of the people. 

Let me call attention to the number of documents that are distributed, and the average postage on each for four years: 

Document. 

700 AFncultural Reports ...................•..•................ ~-& ndged Medsjfe ~dtiDocuments ..................... ... . 

1~ 8~:!~?cJR6ia::~~ ~ ~~:::::: ::::::::::::::::::::::::::: 37 Education Reports ......•.......•......•................... 7 Finance Reports . .................. ................ !. •••••• 

24 Sets Congressional Globe (average ten volumes each) ...... . 

~ ~t~~Reiorl~ ~ ~ ~ ~ ~::::: ~:::::::::::: ~::::: ~:: ~:: ~ ~ ~:: 14 Mineral Resources .....•......... .......................... 7 Postm.aster-General ....•.........•..•..........•........... 7 Secretary of War.-------·------------------·-------- ..... . 7 Secretary of the Navy · ....... ...•••...•..............•..... 7 Secretary of the Interior ......•....••...•.....•............ 14 Secretary of State ..........................•............... 

~g ~w:~~~~- ~~~~~:::::::::::::::::::::::::::::::::::::::: 

~ ~ia;:.t~:~~~~::: ~::: ::::::::::::::::::::: ~::::::: ::: ~ ~ ~ 

Average. 

$0 37i 

37 

40 

70 

39 

40 

30 

70 

35 

26 

35 

18 

100 

19 

69 

41 

27 

5 

12 

22 

TotaL ......•...•.•....•.•••......••...••.•••.•••....•........... 

Total. 

$262 50 

35 15 

9 20 

3 50 

429 

14 80 2 10 84 00 8 75 

520 

4 90 126 

7 00 133 

483 

5 74 

4 86 

50 4 20 110 

465 21 

The first thing is seven hundred Agricultural Reports. Well, sir, that 

may be too large for a stingy man, and I will let that pass for the 

present. The next is ninety-five of the Abridged Message and Documents, and these will not supply the newspapers and public libraries 

of an average district, much less the citizens. The list that follows 

grows rapidly less and less. It will not furnish your district news- paper editors alone with a single copy of many of these important 

documents, There are twenty~three of the Commerce and Navigation Reports. Put your libraries and newspapers together, and how can you distribute that number, giving one to each f Yet that is all 

you get. That is as far as it goes, after all this great hubbub about 

free documents, this wasteful supply. Next there are five of the Coast 

Survey Report. How far will that gof Where does the extravagance 

appear¥ There are eleven of Commercial Relations. Why, sir, that 

will not go round the public libraries in my district. Then there are thirty-two of the Educational Reports, a most important document. 

That will not reach one teacher in ten in my district. There are seven of the Finance Report. Why, sir, that does not cover a hundredth 

part of your business houses, hanks, corporations, moneyed institutions. Next, there aretwenty-foursetsof the Globe. Then there are twenty-five of Hayden's Survey-that survev of the Western Territories which every man, East ~d West, whether he has hay-seed in 

his hair or not, wants to know .something about-a document for the 

pioneer, the poor man and the c.apitalist. Next, there are twenty of 

the Land Office Report. That will' not supply the professional men who wantit,muchlessthosewbowantto go West and grow up. Next 

there are fourteen reports on the Mineral Resources-not one-quarter 

enough. Seven of the Postmaster-General's Report; seven of the report of the Secretary of War; seven of the Secretary of the Navy; seven of tho Secretary of the Interior. What an astounding piece 

of extravagance it is to give each district seven of these reports and 

fourteen of the Secretary of State! Eighteen reports of theSmithsonian Institution; ten of the Directories; thirty-five of the Laws of 

Congress, and five reports of the Signal Office. The wonder is the 

people do not clamor for more. These invaluable documents for the 

facts and statistics they contain are thus sparsely sprinkled over the 

land 

Now, sir, I have gone through all the regular reports. Go down to 

your foldi.E.g-room, and if you can find one other that comes out regularly I wip. make the correction. We had the Census Reports last year; 

but that IS only once in ten years. We had the Credit Mobilier report; 

I hope this will be but once in a thousand years. We had the KuKlux report; but I think the parallel of the Ku-Klux, as it never was in the world before, never will be again. . So we will have no trouble 

with t...tat. 

You "Nill see then, Mr. Speaker, that what we are sending is but a 

/ 

drop in the bucket. It costs little or nothing for postage at the present rates. Why, sir, what does it cost f But $465 for each district, 

take the United States over. Are you going to save money in that 

way Y Send all these documents, seven hundred Agricultural Reports, 

ninety-five of the Abridged Message and Documents, and all the rest, 

and it costs each district on the average in the United States but $465. 

Mr. BURCHARD. For postage 'I 

Mr. COBURN. Yes; but you will not save that. By keeping .up 

this charge of postage you will not put that amount in the Treasury: 

How will these documents be carried f They will be carried as freight. 

The railroad companies will get the money; not the Government. 

l\fr. BURCHARD. That is it, exactly. · Mr. COBURN. They will be carried as freight on the railroads, and 

it will not put.into the Treasury forty dollars a year out of the four 

hundred and sixty; it will not put into the Treasm-y a tenth part of 

this charge for postage. It is folly, then, to k.eep up the present rates 

and expect to make or save money. You shake the bush and the car- riers of freight catch the bird. 

I assert, then, that the Government must print some reports ; that 

the only extra expense can be in printing an unnecessary number; 

and that an unnecessary number is not printed, in point of fact not 

enough of some documents-not enough for a reading, thinking, selfgoverning people. 

Will you make the great departmental reports fewer than seven each for a district Y Will you cut down the report on Mineral Re- sources below fourteen f Will you cut down the Land-Office Report 

below twenty T Shall the Commercial Relations be reduced below 

eleven; the Coast Survey below five; the Elnance Report below 

seven; Commerce and Navigation below twenty-1ihree f The e affed 

the great vital questions of the nation, and furnish the ba~is for the 

action of all its branches. How can the numbers be reduced with 

safety! 

The number of Globes is twenty-three. They contain what Congress does, and are for future times the ouly index of present national 

legislative action. The number is not excessive. 

What shall I say of the seven hundred Agricultural Reports for each 

districtT That ls the onJy report printed in large numbers. That is 

a document of much value, recording the progress of the great over- shadowing business of our people. It is their book, welcome everywhere, sought by all, and paying tenfold its cost year by year in valuable suggest.ions. Shall we cut down the Agricultural Report 'f My 

judgment is that we should not. All these books belong to the people, 

and they should have them free of charge. All do not read them ; but 

in every community some one does, and the data, the facts, the ideas, 

the arguments, are caught up and pass from mind to mincl. We must 

abandon all printing of documents if we save anything. I am not 

prepared for that. 

We spend for light-houses .1,500,000 a year, and yet the light-houses 

of intelligence that are erected by printing are worth more, ten to 

one, than those that stand sentinel on the waters of the deep. We 

spend forty millions a year for our military establishment, and we expect to keep it up. So with our Navy, so with om public schools, our charities, our coast smvvcys, our river and harbor improvements, 

and our fortifications; they yield no profit in ready income. 

Why expect the post-office to pay its way Y Why any more than 

the Army or the Navy f Why any more than the harbor on whinh 

we lay out such large sums' The post-office does pay handsomely; hut 

it does not (and while we have a great frontier and thin settlements 

it never will) cover all of its cost. And it never ought to. It is non- sense to .try to make it do so. , 

If I could I would amend the bill and make a law that would frn·-

nish a supply of the documents of Congress to the libraries and institutions of learning and charity. I would provide the people with, 

the Agricultural, Mineral, and Land-Office Reports. I would give the 

papers, daily and weekly, free circulation within their own countie , and charge a moderate rate of postage on all matter. I believe the 

day will come when the mail, like the school, will be free to all for 

letters an_d newspapers. Mr. WILLIAMS, of Mas achusetts. I was for many years a disciple 

of many of the ideas of Horace Greeley, and among ot hers I em- braced this idea, which was one of his, of the repeal of the frankinD" 

privilege. I was very m·gent for it, and very glad when it was ac': 

complished. I supposed that in its repeal we had got rid of a great 

abuse. And I came here to t his session of Congress still maintaining 

those views, and I thought that nothing would ever persuade me in 

any degree to advocate the restoration of any part of it. 

But in the committee-room, hearing the views of different gentle- men here, and having heard the views of different gentlemen with 

whom I have conversed, from various other part~ of the comttry, I have 

been led to change my opinion. So far as this bill goes I am now its 

earnest advocate. It is not in accordance with all the convictions of 

my life, not in accordance with my own personal convictions, and 

not in accordance with the wishes of my constituents, but I believe 

it is for the interest of the country, and therefore I advocate it. I 

do not, as far as my own personal convictions are concerned, want this 

bill to pass; and I do not advocate it for my interest, or for the interests of my own particular constituents. But from what I have 

heard from the gentlemen in the committee-room, and the evidence we have had presented there, and the evidence we have had pre ented 

from various gentlemen all over the country, I am convince<.l it is a 
1786 CONGRESSIONAL RECORD. FEBRUARY 25, 

necessity; that the people want these books, and that the various 

illnst.ra.tions which have been used on this floor against it are futile 

and fallacious; that they are not logical. I do not believe that the 

illustrations that have been introduced are fair at all. It ha~ been 

t.he custom in this country to disseminate these documents ; they 

have become sources of information to the people; the people demand 

them, and. they ought to have them. Therefore I am willing, against 

all my previous convictions, and against the wishes of my own con- stituents, against the interest of many of them, to sustain this bill 

and advocate its passage. I represent in my own city one of the largest printing communi- ti~s in the country. We have there the Riverside Press, the Harvard 

University Press, and many other printing establishments. We believe that this system of publishing and distributing documents by 

Congress com~s in conflict with the interests of those printing estab- lishments. But I believe there is a demand for these documents for 

t he benefit of the whole country, a demand to which I ought to 

yield. I have a generous, rich, and intelligent community, that 

believe in every means of education; and they will trust me in this 

matter, and will sustain me in yielding my own convictions and theirs 

to the support of this bill. Now,just for the information of some members of this Honse, I want 

to say, as a side matter, 1hat I went down to the city post-office bnt a little while ago, and found there a grea.t many documents which you 

had sent there, documents that will never be forwarded to your con- stituents. There were speeches of members on this floor, agricultural 

documents, and other documents that had been pnt in the post-office 

without sufficient postage. They were piled up there an dare sold every 

week as old paper, _!1nd your constituents will be disappointed by not r eceiving them. I say that it is more important to those constituents 

to receive those documents than it is for US' to get rid of the burden 

of sending them. Since I have been here this session I have sent a great many documents to my constituents, have paid the postage ou them most gladly, and will continue to do so without hesitation as long as this remains an unsettled question. But I think our constituents do not require this at our hands. They want these documents; they call for them; they must have 

them; and therefore we ought to send them out to them. I disagreed, 

however, with the committee in framing this bill-in some particulars. I think that the whole expeuse of sending out these documents ought 

not to be charged to the Post-Office Department, to increase its defi- ciency. My opinion wa~, and I advocated it in the committee, that 

the expenditures for sending out the Agricultural Reports, for instance, 

should be charged to the Agricultural Department, for the Paten~ 

Office reports to the Patent Office, and for speeches and docuJ:1?.ents 

of Congre s to the contingent fund of the two Houses. But the com- mittee were against that, and therefore I yielded to them, and will 

support the bill just as it is. 

I hope no amendment hitherto moved to this bill will pre'VIail. I 

hope the amendment of the gentleman from New York [Mr. HALE] 

will fail. I do not want the total reinstatement of thefran1."ing privilege. I think it is ban policy for us to have a privilege which will 

inure more particularly to our benefit. Still I do not think it is for our benefit to have the franking privilege. I do not want any bill to 

pa s for ur benefit. I want a bill for the benefit of our constituents, 

not so much for mine, but for the constit uencies of many others here 

for whom I have heard appeals on this floor. My cons-;ituents, as a general thing, do not require this bill to be pa~sed. As I have already 

said, a great many of them do not wish it to pass. But from indica- tions I have heard, I think there is a strong desire in the couptry for some such bill to pass. Therefore I advocate the passage of this bill, 

and hope it will pass j ust as the committee have reported it·. I now yield t o the gentleman from Ohio [Mr. LAWRENCE] for ten 

minutes. 

Mr. LAWRENCE. Mr. Speaker, I am in favor of the third section 

of this bill, and opposed to all its other provisions. I will briefly state 

the reasons for the view I have taken. The third section providesThat from and after the P.assage of this act the followinrr mail matter shall be al. 

lowed to pass free in the mail : First, newspapers, periodicalS, :md maga..."inesrecipro cally interchanged between publishers, and no~ exceeding sixteen ounces in weight' to be confined to a single copy of each JlUblication; secondly, weekly newspapers• one copy to each actual subscriber residing or receiving the same wit-hin the county where the same is published; but carriers shall not be require<l to distribute such 

papers unless postage is paid upon them at the usual rates. 

I am in favor of modifying this by striking out the word "weekly," 

and by inserting after theword "newspapers" the words "periodicals 

and magazines." 

The object of this is to give a free circulation within the county 

whe1·e published for all periodicals, magazines, and newspapers, 

whether weekly, daily, monthly, or otherwise. The section as it now stands applies only to "weekly" newspapers, and excludes from free 

circulation daily and monthly papers, magazines, and periodicals. As a general rule, special and exclusive privileges should not be 

granted to an-y profession or class of citizens. If the free circulation 

of newspapers i.E. the county where published were a privilege for 

the benefit of publishers alone, I know of no principle on which it 

could be justified; but it is not. It is not for their benefit at all. The Constitution -very wisely provides that "Congress shall make no law * * * abridging the freedom of speech, or of the press." This is based on the idea that it is the right of every citizen to speak 

and publish his se tim~!lts subject to no restraint except a responsibilityfor the abuse of the privilege in a mode which results in wrong 

and damage to others. It is based on the id~a also that a republican government cannot exist except uythe general diffusion of knowledge. Almost every State of the Union recognizes the wisdom, the absolute nece sity, of this, by maintaining common school , supported at the 

public expense, open to all the children thereof. _Without thi a republica,n government cannot endure. Where the people are the source of power they must be intelligent to secure a ·wise exercise of 

the power. The same principle which justifies common schools, sup- ported at the public expense, also justifies the free circulation of 

newspapers and periodicals within appropriate limits. I ·will not pronounce any eulogy on the pre s. Fortunately it needs none now. Common schools, the press, and public addres e of every 

kind are the great educational, moral, political, and religious instruct- ors of the people. The press now reaches almost all the people, and o~ grotmds of public policy it deserves all reasonable encouragement. It is reasonable 

to give the encouragement now proposed. It is for the benefit of and 

open alike to all the people. It is not an exclusive privilege or benefit for any. It is a privilege which will be equally enjoyed by nearly 

all our citizens. It should be enjoyed by all. He who will not eujoy -it cannot complain if others do. It has been said that the city press is opposed to the measure now under consideration, while it is demanded by the so-called country 

press. There is no entire unanimity of either city or country pre son this subject. The proposed mea1:1ure will operate equally for all, or as nearly so 'as may be possible. The large and '\videly circulated city press has the advantacre of 

having newspapers carried in the mails broa,dcast all over the land, 

hundreds and thousands of miles, at no greater cost than is by exi ting law charged for carrying a country newspaper within the county 

where published. This gives to the city press a great adv::mtage. If 

the law shall be changed so as to allow a free circulation within the 

county of publication, the whole press will alike enjoy its advantage. And this will give a free delivery from the post-office at the place of 

publication. I will not draw any invidious distinction between the city and 

country press. The whole newspaper pres , city and country, has a place, the value which cannot be estimated or dispensed with. 

The press will very often represent the entiment and interest of 

its immediate loca,lity. But this is not a,lways so. The New York 

Tribune for thirty years represented the protective-tariff sentiment 

of the whole country. It wa in no sen e local. So there are many 

city papers, wielding a powerful and salutary intl.uence, broad and 

universal, regardless of locality, and aiming only at the public gootl. These ought not to be disparaged ; no effort should be made to uriug 

them into disrepute. But the so-called country press doe a.s a, general rule reflect the sentiments and interests of the people, and it 

deserves the confidence, attention, and care of the people and the 

Government. In some localities the country press ca,nnot be maintainecl without 

the aid of the measure now before. us. We should not withhold from 

it the aid now proposed. But the other provisions of the bill rest on a totally different principle, and to them I am oppo eu. Their object is in effect ana to a limited extent to create a privile&'e equivalent in some respects to the 

recently a,bolished franking privilege. The secQnd section of the bill make this provision : 

That from and after the passage of this act all public documents, books, or publi- cations, and all printed matter procured or publi hed and issued by authorit.y of 

Congre , or of either House thereof, ancl all pa<lkages of seeds, cuttings, roots, and 

scions, furnished by the Agricultural Department under authority of law, having first been stamped as is hereinafter provided and directed, shall be allowed to pass 

in the mails of the United States, to any citizen thereof, or person residing therein, 

without charge. 

I know no reason why documents generally should be published at 

the expense of all the people and then distributed to a few. The usage which has heretofore prevailed in puulishing documents 

by authority of Congress has not provideu them for one in twenty of 

the voters of the United States. Wily should twenty voten; be taxeu for the favored one who receives the document Y I know of no ju t 

principle on which this can be done. The practice adopted in Eng- land is one which we may well follow. 

Let Congress order the publication of such documents essential to 

public information a.nd the general interests of the country as cannot 

be published by private enterprise, and then let every citizen have · the right to purchase them at cost. This will give all that the public 

interest requires. It will tax no man for the benefit of another. It 

will afford the means of information to t~.ll . It will give the pre s a-cces to all desired information, and the press will give it to the 

whole people. This will give new importance to the press and a de- ma.nd for wider newspaper circulation. I know it will be said that the farmers demand the annual volume 

of the Agricultural Report. Let them have it . Successful agricul- ture requires this. Let it be published so that all may procure it. But we must remember the agriculturists of this country demand 

a,nd deserve something more substantial than a free volume annually 

of the Agricultural Report to one in twenty of their number. They 

want more and cheaper means of transporting their product to mar- ket. They want legislation which shall in future relieve them from 

the enormous exa-ctions which may be impo ed upon them by monop-
1874. CONGRESSIONAL RECORD. 1787 

olies operating nndcr patent rights, so far as legislation can operate on patents hereafter issued. R1ghts already acquired cannot be interfered with. 

They want that the Agricultural Department of the Government 

shall ascertain in advance, as early as practicable each year, the probable amount of all products and the probable demand, and that this 

knowledge should ue made accessible to them, so that they may 

know the value of their products and be able to demand and receive 

it without its being too largely absorbed by dea.lers between producers 

and consumers. They want legislation which will favor the development of the 

agricultural and mineral resources of the country and multiply manufacturing enterprises, and make a home market, as far as pr.acticable, without the cost of unnecessary transportation. 

These are some, not all, of their wants, and they will not be satisfied with only free Agricultural Reports, nor with any benefit the 

franking privilege could give. Their demands are more extensive 

and of a different character. It becomes us to consider these, and do 

whatever justice and the public interest require. 

Mr. WILLIAMSt...of Massachusetts. I yield now to the gentleman 

from illinois [Mr. l{.ICE] .for ten minutes. 

Mr. RICE. In saying the few words I propose to say in advocacy 

of this bill, I desire to put it upon the ground, and solely on the ground, 

that it is an educational measure. I believe it is a recognized principle in this country that education is one of the ma.in props of a republic. That principle is a.cknowledged and acted upon by all the Sta.tes 

in the establishinent of free schools, where the people are educated 

without cost. And it has occurred to me that in ·the aggregation of 

States that are represented in this House, it may be proper for the 

United States as a whole to show its estimation of this va.lnable ac- quisition and privilege by doing what may be properly done by the 

Congress of t he United States. 

Now, I hold tha.t every document that is issued from this Congress, 

authorized and published by provision o~ law of this Government, is 

of the greatest value to the people-if not to all the people, yet to a large majority of the people of this country. I take it that the papers that are published for the use of this House, every bill that is 

introduced here asking for something to be done for the benefit of the 

country or of a community, is information which should be sent to the 

people. The bill is read; it is advocated, and it is opposed; and the reasons why it should be passed, and the reasons why it should not 

be passed, are fully set forth by intelligent and competent gentlemen. 

If it should be passed and approved, and should become a. law, its 

effect is made known to the people by its operation; and those people 

throughout this country, who are as liable to be in this House as Rep- re entatives as·we are, can thus gather a great fund of information 

tha.t may be useful to them in:the hour when they shall represent con tituencies here. For that reason I believe those papers should all 

be published and spread. among the people. 

With regard to your Agricultural Reports, it is well known by gentlemen of this House tha.t a very large number of those who are classed as cultivators of the soil in our country are not f armers. They have obtained the land for the asking. They have sought to 

establish their homes in those distant places. They cultivate rudely a portion of the ground ; and they get but a. slender return for their 

la.bor because of their lack of knowledge. Now, sir, the experience 

of the world is brought here into this city, is compiled by competent men, issued by authority of law, and sent broadca-st over the land; 

and every man who reads may learn somethiugthatit will be highly 

useful for him to know ; so that by this means the interest of the 

whole country, as well as of himself and family, is advanced. Let me in this connection cite a statement contained in a letter 

which I saw a few days since in the hands of a gentleman from 

Georg-ia, who sits near me. The writer of the letter, describing some farmmg operations in his region of the country, said that" Jim"-I 

believe that was the only name he ga.ve-who lived on a neighboring 

farm, had learned to read, tha.t be had got po ession of an Ag-ricultural Report, and from the information contained in it h ad cultivated 

his small farm in such a manner that his crop that year was doubled. 

If that incident was true, (and I believe it to be true,) see what an advantage that Agricultural Report was to that one man. These re- ports, if sent free, go broadcast over the land. If postage is charged 

upon them they will not thus be drculated. A man living two hundred miles from the city which I h ave the honor to represent in part, 

when he puts his corn in a wagon and goes off from three to ten miles, 

and sells his load of thirty bushels for $4.50 at the railway sta~ion, is 

nnwilling to take a portion of that 4.50 to pay fifty cents, seventyfive cents, or one dollar as postage on a book coming from this city. 

Money is too scarce and too precious with him to justify such an ex- penditure. He ha-s to pay his. taxes. He has to pay the interest on his indobtedness, if he has any, and it is very likely he bas. There are a. thousand and one little luxuries as you may call them, (though 

they have becomo necessaries,) which it requires money to buy; and 

he has but little money. You may say that if he does not choose to 

pay for those documents he can do -without them. But, sir, I hold 

that that is not the principle on which this Government is conducted. We want to give the people all the information we can, so that we may advance their interests and at the same time the prosperity of 

the COllntry. I maintain that the word "economy" does not properly come in here. "What is the cost'" has nothing to do with this question unless the cost is so enormous that the country cannot pay it. 

If the thing is right, you should do it wha.tever the cost; and if it is 

wrong, it should not be done though the cost is but a dollar. 

There are seeds and plants gathered by the Government through 

the world, valued where they are known and grown, but unknown 

here. Those productions are brought here; and if they are sent out 

broadcast over our wide new country, where people are all now trying to acquire that knowledge which is necessary for their life, they can try ' the culture of those productions, and the results may in 

many cases be highly useful. But if postage is charged, these seeds 

and plants are shut out from the mails; they never reach those to 

whom they would be useful. Members may, for atime,paythepostage upon books, seeds, &c., as a gentleman said awhile ago he does 

cheerfully. But by and by that will be felt to be too troublesome 

a.nd expensive. The sending of such things will gmduaJly cease, until 

perhaps in two years from now not one copy of one of these books or one package of roty of these seeds will ever reach the people who 

stand in need of them. 

It is said that if these things are distributed, only one person in 

forty receives anything under such a system. Now, sir, my experience 

among the farmers (which is not very great) has been that when a farmer gets from this city a publication of the Government, containing any new thing which may be useful to him, he reads or tells it to 

his neighbors; they discuss it together; they join in trying experiments, so that there is not, perhaps, one farmer in that community 

who does not get the advantage of the information contained· in that 

book. I believe there is no just ground for fearing that, becal1se these 

books, &c., are not sent to every individual, their b.enefits will nqt 

be diffused among the people. 

I hope this bill will pass. I do not believe it is liable to any of the 

objections which h ave been so strongly urged against the franking 

privilege. That privilege was objected to on the ground that it was abused by members to the injury of the Post-Office Department. How 

true that complaint. was I do not know ; but I helieve the complaint never was intended to extend to the free circulation of seeds, books, 

&c., among the people for use on the farm, in the work- ·hop, and in 

genera.! to promote the welfare of t.he country. I hope the bill will 

pass. 

:I'tfr. WILLIAMS, of Massachusetts. I yield the remainder of my 

time to my colleague, [Mr. BuTLER.] 

Mr. BUTLER, of Massachusetts. I yield five minutes to the gentleman from New York, [Mr. MELLISH.] 

Mr.1'tillLLISH. Mr. Speaker, if the visor of this bill is lifted I think 

there will be revealed the familiar but unattractive features of the 

franking privilege. The effect of laws passed in reference to this 

subject has been to give the franking privilege to the Departments of 

the Government, and ta.ke it away from Congress. This bill proposes 

to extend still further the franking privilege to the Departments. 

This is traveling backwards, and extending an abuse which should 

rather be restricted, indeed eviscerated., abolished altogether. Anything in this world tha.t is worth having is worth paying for. Tltis 

printing of books and distributing them free is a violation of the 

great principle of equa.l taxation, which should guide us in our action. 

There should be eqqal rights to all, special privileges to none. The 

mischievous principle underlying this bill is that it give special privileges to a few, to be paid for by all. It is "dead-headism" embodiecl 

in a statute. In my opinion no special privileges should be given to 

farmers, to country editors, or anybody else. Is it not better to make 

postage universally cheap, so that the entire public shall participate 

in the benefit, rather than to favor the few and tax the many therefor. The principle is entirely wrong, and for that reason yesterday I 

introduced an amendment, to provide that from and after the 1st da.y 

of July next all written matter of one ounce or fraction of an ounce in weighl should be carried into any pa.rt of the United States for two cents, and all printed matter weighing two ounces or a. fraction 

thereof should be carried for one-half cent. That would. introduce 

uniform, simple rates of postage. Harper's Weekly and, like papers 

would then pass through the mails for one cent, and country news- papers would be canied for twenty-six cents a year. It is cheap 

enough; ancl the cotmtry newspaper editor who has not. ability to 

furnish a paper upon which subscribers are willing to pay liwenty-six 

cents po tage I think had better go into some other business. By 

claimincr the special privilege of having his publication "deadheaded f1 through the mn,ils he thereby advertises his imbecility and 

unfitness for his vocation. The people will, I think, be quite willing to pay that postage. It is an acknowledgment on the part of the 

country editor, when he demands this privilege, that he cannot publish a paper worth paying for. 

I also introduced another feature, which I think will be quite con- venient: that on the face of thcpostage-st.amp there shall be plainly 

indica.ted the quantity and· kind of mail .matter it will carry. It 

will be no additiona.l expense, and will be a great convenience. 

My time is nearly expired, and I wish to say, in condlusion, that I 

am opposed to the franking privilege in toto, in a.ny sha.pe it may come 

here, but especia.lly in giving the e Departments t he franking privilege. It was right that it should be taken from Congre s, but it should 

also be taken from every executive office, otherwise the Departments 

do not show- all their expenses. The thousands of Government clerks 

all over the country-! do not say have free access to postage-stamps, 

but I do say if there is danger of abuse of this franking privilege lJy 
1788 CONGRESSIONAL RECORD. FEBRUARY 25, 

Congressmen, how much greater is the danger of substitutin~ thou- sanus of clerks all over the country who may exercise this pnvilege. 

[Mr. BUTLER, of Massachusetts, addressed the House. His re- marks will appear in the Appendix.] 

Mr. PACKER. I now call the previous question on the bill, withdrawing the motion to recommit. 

CENTENNIAL OELEBRATION. 

The SPEAKER laid before the House the following message from 

the President of the United States: 

To the Senate and House of Representatives: 

I have the honor herewith to submit the report of the centennial commissioners, 

and to add a word in the way of recommendation. 

There have now been international expositions held by three of the great powers 

of Europe. It seems fitting that the one hundredth anniversary of our Independ· ence should be marked by an event that will display to the wor1d the growth and 

progress of a nation devoted to freedom, and to the pursnit of fame, fortune, and 

honors by the lowest citizen as well as the hiehest. A failure in this enterprise would be deplorable. Success can be assurea by arousing public opinion to the 

importance of the occasion. To secure this end, in my judgment, congressional legislation is necessary to make the exposition both national-and int.erna.tional. 

The benefits to be derived from a suecessfnl international exposition are manifold. It will necessarily be accompanied by expenses beyond the receipts from the 

exposition itself, but they will be compensated for many-folll by the commingling 

of people from all sections of our own country; by bringing to~et her the people of 

clliferent nationalities; by bringing into juxtaposition, for reauy examination, our own and foreign skill and progress in manufactures, agriculture, art, science, and 

civilization. 

The selection of the site for the exposition seems to me appropriate, from the 

fhet 1ihat one hundred years before the date fixed for the exposition the Declaration 

ot Independence, which launched us into the galaxy of nations a an independent 

people, emanated from the same sl><lt. 

We have much in our varied climate, soil, mineral products, and skill, of which 

advantage can be taken by other nationaliVies to their profit. In return they will 

brincr to our shores works of their skill, and familiarize our people with them, to the mntna.l advantage of all parties. Let us have a complete success in our centennial exposition,·or suppress it in its 

infancy, acknowledging our inability to give it the international chara(lter to which our self-esteem aspires. U.S. GRANT. 

EXECUTIVE MANSION, 

Washington, February 25, 1874. 

The message and accompanying documents were ordered to be 

printed, and referred to the Select Committee on the Centennial Celebration and the Proposed National Census of 1S75. 

TRANSMISSION OF DOCUMENTS, ETC. 

The House resumed the consideration of the bill for the transmission of public documents, &c., through the mails free of postage. 

The SPEAKER. ThegentlemanfromPenn ylvania, [Mr. PACKER,] 

in charge of the bill, has called for the previous question. 

Mr. GARFIELD. I hope the gentleman~ allow some amendments to be offered and voted upon. . Mr. SMALL. I ask the gentleman to allow me to offer an amendment. 

Mr. GARFIELD. I hope the gentleman will at least allow a separate vote on the different sections of the bill. 

Mr. PACKER. .A.s instructed by the Committee on the Post-Office 

and Post-Roads, I do not feel at liberty to yield j_or any amendment 

except the one offered originally by the gentleman from New York, 

[ Ir. HALE,] which will bring the Honse to a fair and square vote on the question of repealing the law abolishing the franking privilege. 

1\fr. GARFIELD. A great many members desire a eparate vote on the third section of this bill, and will vote against the whole bill if 

not allowed a separate vote on that section. 

Mr. TYNER. Will the gentleman from Pennsylvania yield for a motion to trike out so much of the bill as relates to the distrilmtion 

of documents T 

Mr. P .ACKER. I am not so instructed by my committee. 

The SPEAKER. The gentleman from Pennsylvania states that on behalf of the committee he must decline to admit any other amendment than that offered bythegentlemanfrom NewYork,[Mr. IIALE,] 

which will be read by. the Clerk. . The Clerk read as follows: 

Strike out all after 1iho enactino- clause, and insert the following: That the act entitled "An act to abolish the franking privile"e "approved .Jann· 

ary 31, 1873, and also the proviso to section 3 of the act entitfed. "An aet making appropriations for the service of the Post-Office Department for the year endinu 

.Tune 30, 1874," approved March 3, 1873, be, and tho same are hereby, repealed; an:i 

from and after the passage of this act all acts or parts of acts which were repl'aled, 

annulled, or made of no effect by the said acts and parts of acts hereby repealet.l. or either of them, be, and the same are hereby, revived and continued in fnll force. 

The SPEAKER. The gentleman from Pennsylvania withdraws the 

motion to recommit, permits this amendment to be offered and demands the previous question on the bill and amendments. 

Mr. GARFIELD. I hope the previous question will be voted down. 

1\Ir. K.A.S ON. .Has the gentleman from PennsyLvania decided not 

to allow a vote to be had upon any proposition for the sale of documents in some manner to the public 'f 

Mr. PACKER. A bill on that subject, as I have already stated, is 

pending before the Committee on the Post-Office and Post-Roads, and 

will be aonsidered and reported upon by that committee. 

:Mr. HOLMAN. I wish to make a parliamentary inquiry. In view 

of the present state of the bill and the amendments, if the House 

should refuse to second the previous question, would not a motion be 

in order to strike out all of the bill except the third section'? 

The SPEAKER. Of course. if the House should refuse to second 

the demand for the previous question, the bill will be open for amendment. 

Mr. PACKER. I understand that my friend from New Hampshire 

[lli. Sl\IALL] has an amendment whichhe desires to go upon the recoru. Mr. SMALL. I desire, whenever I may have an opportmlity, to move to amend, by adding the following as new sections : 

SEc.-. From and after the 30th day of .June, 1874, the charge for the delivery of 

letters by carriers shall be not exceeding one cent each, the whole of which shall be 

paid to them for 1;heir services. 

SEc. -. Postage upon all mail matter, except snob as may by law go free in tho 

mails, shall be prepr.id. 

Mr. PACKER. The subject embraced in that amendment is now undergo in cr consideration by our QOmmittee. . Mr. TYNER. I would like to offer an amendment to that clause 

relating to newspaper postage, so as to require the prepayment of posta~e on all newspapers except those which may go free in tl.te 

count1es of their publication and also newspaper packages. Will the 

gentleman yield for an amendment of that kind Y 

Mr. PACKER. That matter is also undergoing examination · by 

the committee, and there is great diversity of opinion on the subject. 

I mus~ therefore decline to yield for the amendment. 

The question being taken on seconding the call for the previous 

queation, there were-ayes ~4, noes 63. 

Mr. GARFIELD called for tellers. 

Tellers were ordered; and Mr. TYNER and Mr. PACKER were appointed. 

The House divided; and the tellers reported-ayes 112, noes 67. 

So the previous question -w us econded. The question recurring on orderiug the main question, 

Mr. TYNER and Mr. COTTON called for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 127, nays 118, not 

voting 45 ; as follows : 

YEAS-Messrs. Albright, Arthur, Averill, Banning, Barber, Bass, Beck, Biery, 

Bowen, Bradley, Buckner, Burchard, Burleigh, Roderick R. Butler, Cannon. Cason, Freeman Clarke, Clymer, Clinton L. Cobb, St<lphcn A. Cobb, Comingo, Conger, Cook, Corwin, Crooke, Crutchfield, Danford, Alexander M. Davis, Donnan, Dun- nell, Durham, Eldredge, Field, Freeman, Giudings, Glover, Gooch, Hagans, Hamiltou, Hancock, Harmer, Ben.iamin W. Harris, Henry R. Harris, Harrison, Havens, 

Hays, Gerry W. Hazelton, Hereford, Herndon, G~~~,e F. Hoar, Houghton, Howe, 

Hubbell, Hunter, Hunton, Hurlbut, Hynes, Kenua.u, Killinger, Kriapp, Lamar, 

Lamison, Lamport, L:msing, Lewis, Lowe, J,uttrell, Lynch, Marshall, Ma.rtin, Maynard, Alexander S. Mc.Dill, Mc.Tunkin, Milliken, Moore Myers, Negley, e :rnith, 

O'Neill, Orr, Packer, Isaae C. Parker, Perry, Phillips, Pike, James H. -Platt, jr., Thomas C. Platt1 Poland, Rruney, Randall, Ransier, Rapier, Rawls, Read, Ric , Richmond, Robbms, Sawyer, Milton Sayler, Henry .T. Scnuder, Isaac W. Scnducr, 

Sener, Shanks, Sheats, .T . .Ambler Smith, Speer, tandeford, Stone, Stowell, Strmt, 

Strawbrid{!e, Taylor, Thornburgh, Todd, Townsend, ·vance, Wallace, Wall , Wheeler, Whitehead, Whiteley, Charles G. Williams, John M:. S. Williams, Wil· 

shire, Ephraim K. Wilson, Woodworth, and John D. Young-127. 

NAYs-Messrs. Archer, Ashe, Atkins, Barnum, Barrere, Begole, Berry, Blanu, 

Blount, Bright, Bromberg, Brown, Buffinton, Bundy, Burrows, Caldwell, Ce sna, Amos Clark jr., John B. Clark,jr., Clayton, Clements, Coburn, Cotton, Crittenden, Cl!'ossland, Croum;e, Curtis, Do,rrall, John .r. Davis, De Witt, Dobbins, Eames, Fort, 

Foster, }"'rye, Garfield, Gunckel, Eugene Hale, John T. Harris, HatchP-r, Hathorn, 

.John B. Hawley Joseph R. Hawley, E. Rockwood Hoar, Holman, Ho kins, Hyde, 

Jewett, Kssson, K elley, Kellogg, Lawrence, Lawson, Lofland, Louglu:i«lg ~~owncles, Magee, McCrary, .Tames W. McDill, MacDougall, McKee, McNrilta. Mellish, Mer- riam, Mills, Monroe, Morrison, N eaJ, Niblack, Niles, O'Brien, Orth, Packard, Page, Hosea ,V. Parker, Pendleton, Phelps, Pierc£1, Potter, Pratt, Ray, Ellis H. Robert , William R. Roberts, .Tames C. Robin on, .TamesW. Robin on, Ros , Henry B. aylcr, John G. Schumaker, Scofield, Sessions, Sherwood, mall, Smart, A. H err Smith, 

H. Boardman Smith, John Q. Smith, Southard, Sprague, Stanan11 Sta,rkweather, Tyner, Waldron, Jasper D. Ward, Marcus L. Ward, W lls, Whitehouse, ·whitthorne, Wilber, Charles W. Willard, George Willard, William Williams, 'Villiam 

B. Williams, Willie, .Tames Wilson, Jeremiah M. Wilson, Wolfe, Woodforu, and 

Pierce M. B. Youna-118. 

NOT VOTING-Messrs. Adams, Albert, Barry, Bell, Benjamin F. Butler, Cain, 

Cox, Creamer, Crooker, Dawes, Duell, Eden, Elliott, Farwell, RobertS. HaJe, John 

W. Hazelton, Hendee, Hersey, Hodges, Hooper. Leach, McLean, Mitchell, Morey, Nnnn, Parsons, P elham, Purman, Rusk, Sheldon, Lazarus D. hoemaker, los , George L. Smith, William A. Smith, Snyder, tephens, St. John, Storm, Swann, 

Sypher, Thomas, Tremain, Waddell, White, and Woou-45. 

So the main question was ordered. 

MESSAGE FROM THE PRESIDE..~T • 

.A. message in writing from the President of the United States wa.s presented by Mr. BABCOCK, one of his Secretaries, who also announced 

that the President had approved and signeU. bills of the following 

titles: 

An act (H. R. No. 483) to authorize the cancellation of an export bond 

for a portion of the distill eel spirits of John S. ])filler on boaru of 

bonded cars of the United States; 

An a~t (H. R. No.1041)for the relief of Robert N. ~cMillan, late collector of en toms and superintendent of lights for the district of Teche, 

in the State of Louisiana; 

An act (H. R. No. 1769) for the relief of Colonel Daniel McClnre, 

a.ssistant paymaster-general; 

An act (H. R. No. 1906) to dredge and protect the navigable channel at the month of Buffalo River against the sand-bar formed by the 

gale of December, 1873 ; and 

An act (H. R. No. 1940) giving the consent of Congress to the ac- ceptance by James McDonnell, a warrant officer in the United States 

Navy, of a present from the King of Italy. 

ORDER OF BUSINESS. 

Mr. POLAND. I move that the House take a recess until half-past seven o'clock this evening. 
1874. CONGRESSIONAL RECORD. 1789 

Mr. GARFIELD. This business then goes over until to-morrow f 

The SPEAKER. Of course. The House divided; and there were- ayes 75, noes 97. 

So the House refused to take a recess. Mr. PACKER. I move to reconsider the vote by which the main 

question was ordered; and also move to lay the motion to reconsider on the table. Mr. GARFIELD. On the latter motion I demand the yeas and nays. 

Mr. WHITTHORNE. I move the House do now adjourn. Mr. POLAND. Why not let us have our meeting to-night for ihe 

codification of the laws f 

Mr. WHITTHORNE. It is too bad a night. The House refused to adjourn. Mr. POLAND. I now move we take a recess until half-past seven o'clock this evening. The House divided; and there were-ayes 89, noes 84. 

:Mr. O'BRIEN demanded tellers. Tellers were not ordered. Mr. RANDALL demanded the yeas and nays. 

The yeas and nays were not ordered. So the motion was agreed to. 

And then (at a quarter before five o'clock p . m.) the House took a recess until half-pa-st seven o'clock p. m. 

EVENING SESSION. 

The House reassembled at half-past seven o'clock p. m., Mr. G. F. 

H oAR in the chair as Speaker pro tempore. 

REVISION OF THE STATUTES. 

The SPEAKER pro tmnpm·e. The House meets this evening to re- sume the consideration of the bill reported from the Committee on Revision of the Laws of the United States. It is entitled "A bill (H. 

R. No. 1215) to revise and consolidate t he statutes of the United States 

in force on the 1st day of December, A. D. 1873." 

Mr. POLAND. I move on page 641, section 2545, line 7, to strike 

out after the word" entry" these words: "and Digges's Landing and 

Carrollsburgh ports of delivery." 

The amendment was agreed to. . :Mr. POLAND. I move on page 645, section 2558, line 16, to strike 

out after the word "entry" these words: "and Indian River and New 

Smyrna ports of delivery." 

The amendment was agreed to. 

:Mr. POL.Al\TD. I move in the same section, in lines 30 and 31, to 

strike out the following words : "And Saint Andrew's Bay a port of 

delivery." 

The amendment was agreed to. Mr. POLAND. I move on page 655, section 2194, in line 18, to strike 

out "Southport" and insert "Kenosha." 

:Mr. Speaker, t he name in the statute is Southport, but the name of 

that place has been changed to Kenosha. Therefore the committee 

felt wan·anted in inserting "Kenosha" ,in place of "Southport," the name of the place having been changed. The amenilinent was agreed to. 

Mr. POLAND. I move on page 661, section 2615, in line 5, to strike 

out "Comptroller of the Treasury," and insert " Commissioner of 

Customs ;" so it will read: 

SEc. 2615. The oath of offiC{I administered to any person appointed to any office 

under this title shall lle oertified under the hand and seal of the person by whom 

tho samo shall have been administered, and shall, ·within three months thereafter, b~ transmitted to the Commissioner of Cnstoms. In default of taking such oath, or of transmitting a certificate thereof, the person failing shall be liable to a penalty of 

$200. 

The amendment was agreed to. Mr. POLAND. I move on page 679 to strike out section 2720; which 

is a follows : 

SEc. 2720. The surveyors at Pacific City and at Milwaukee shall receive, in 

addition to the f~ authorized by law, a salary not exceeding $1,000 a year each. 

The· amendment was agreed to. Mr. POLAND. I move on page 679 to strike out section 2721 ; which 

is as follows : 

SEc. 2721. The surveyors at Nisqually ancl Portland, in Oregon, sh:ill receive, in 

addition to the fees authorized by law, a salary of $1,000 a year each. 

The amendment was agreed to. :Mr. POLAND. I move on page 690, section 2796, to strike out the 

words "of the following ;" an<l in the word" districts" to strike out 

the letter " s." 

The amendment was agreed to. Mr. POLAND. I move in the same section to strike out all after 

the word " district," in line 2, to and including "Albemarle," in line 

9; as follows : 

Portland a.nd Falmouth, except the ports of North Yarmouth, Freeport, and 

Harp well ; Bath, except the ports of Georgetown and Brunswick; Newburyport; 

New London, except the port of Stonington ; Middletown, except the ports of 

Lyme, Saybrook, Killingworth, Haddam, and East Haddam; Norfolk and Portsmouth; Petersburgh; Richmond; Yorktown; Tappahannock, except the port of 

Urbana or Albemarle. 

The :.unendment was agreed to. Ir. POLAND. I move in the same section to strike out all after 

the word "delivery," in the twelfth line, to :mel including the word 

"port" in the twentieth line. The words proposed to be stricken out are as follows : 

And any vessel bound to a port of delivery in any district other than those above 

mentioned, or to either of the ports of delivery above mentioned, may :tl..rst proceed to her port of delivery, and afterward make report and entry within the time by this title limited; and the master of every vessel arriving from a foreign port, or having merchandise on board, on which the duties have not been paid, and bounll to any port on the Connecticut River, shall take an inspector on board at Saybrook, before proceeding to such port. 

I will state, in r eference to t hnt, this arbitrary provision is to be found~ an early statute upon the subject, but t he general law re- quires every vessel from a foreign port shall make entry at some port 

of delivery. 

The amendment was agreed to. Mr. POLAND. The next amendment is to section 2802, on page 69-2. 

The section was as follows : 

SEC. 2802. The collector receivin~ any bond conditionedforthe payment of duties 

upon merchandise reported as destined for a forei~ port, in case the same shall be 

landed within the United States, or any other bonas taken upon the exportation of 

merchandise entitled to drawback, shall, immediately after the time when, by the 

conditions of the same, they ought to be canceled, put the same in suit, provided the proof of the occurrence of such a necessity as oxcnses a landing of such goods within the United States· has not been produced, or further time granted therefor 

by the Commissioner of Customs. 

Mr. P OLAND. I offer the following amendment : In line 10 strike ont " Commissioner of Customs," and insert "Secretary of the 

Treasury." 

, The amendment was agreed to. Mr. POLAND. The next amendment is to section 2805, on page 693. The section was as follows: 

SEc. 2805. Within twenty-four hours after the arrival of such vessel within any other district, the master shall make report or entry to or with the collector of such 

other .district, proclucing and showing the certified· copy of his first report, together with a certificate from each collector of any other di trict within which any of the 

merchandise, brought in such vessel, has been landed, of the quantity and partic- ulars of such merchandise as has been landau in each district respectively ; except that in the State of Georgia such report may be made within forty-eight hours. 

:Mr. POLAND. I offer the following amendment : 

Strike out all of the section after "respectively," in the eigth line, namely, these 

words: "except that in the State of Georgia such report may be made within forty- eight hours." 

The amendment was agreecl to. Mr. POLAND. I offer the following amendment. The Clerk read as follows : . 

On page 694 strike out sections 2809, 2810, and 2811, which are as follows : SEc. 2809. The master of any vessel arriving ~om any forei!m port, having on board distilled spirits or wines, other than sea-stores, intendeif to be transported from one port in the United States to another, whether in the same or in different 

districts, shall, previous to the departure of such vessel from the port at which she 

:first arrives, apply to the surveyor or officer a{)ting as inspector of the revenue for 

the port for a certificate of the quantity and particulars of such spirits or wines as have been certified or reported to him to have been imported in such vessel, and of 

the quantity and particulars of such spirits or wines as appear to have been landed out of such vessel at snch port. The surveyor or inspector of the revenue shall 

forthwith grant such certificate; and the master shall, within twenty-four hours 

after the ru:ri.val of such vessel a,t the port to which she ie bound, deliver the cer· tificate to the surveyor or person acting as inspector of the revenue of such port. SEc. 2810. If any vessel shall proceed from one port to another within the United 

States with the whole or any part of such spirits or wines, without having :first 

obtained such a certificate as is required by the preceding section, or if 'vithin 

twenty-four hours after her arrival at such other port the certificate shall not be 

delivered to the surveyor or inspector, as prescribed, the ma~ter :.hall, in either case. be liable to a penalty of $500, and the spirits or wines on board her shall be 

forfeited and may be seized. 

SEc. 2811. Every surveyor, or officer acting as inspector of the revenue, for any 

port at which a vessel may arrive with such certificate, shall certify in the same manner all deliveries of spirits and wines made at their respective ports; and such 

certificate shall be annexed to the certificate gran~d at the port of original impor- tation. 

Mr. POLAND. I desire to offer a word of explanation in reference 

to those sections. They were provisions of our earliest laws in refer- ence to revenue, when there were strict requirements as to obtaining 

certificates in relation to imported spirits and a variety of provisions, 

that have all been superseded by the whole tnri:ff l~latjon of the 

country for the last forty years at least. These importations now stand like any other importations of merchanclise, and the provisions 

of these sections have become entirely obsolete. The amendment was agreed to. Mr. POLAND. The next amendment is to section 2826, on page 697. The section was a follows : 

SEc. 2826. In order to ascertain what articles ought to be exempted as the wear- in!! apparel, and other personal baggage, and the tools or implements of a mechanical trade only, of persons who arrive m the United States, due entry thereof, as of 

other merchandise, but separate and distinct from that of any other merchandise, 

imported from a foreign port, shall be made with the collector of the district in 

which ihe articles are intended to be landed by the owner thereof, or hi agent, expressing ihe persons by whom or for whom such entry is made, and particUlMizing the several pa{)kages, and their contents, with their marks and numbers; and 

the person who shall make the entry shall take anti sullscri.be an oath before the 

collector, <leclaring that the entry subscribed by him and to which the oath is annexed contains. to tho be t of his knowledge and belief, a just and true account of the contents of the several packa,.es mentioned in the entry, specifying the name of the vessel, of her master, ancl of the port from which she 'has arrived; ancl that 

such packages contain no merchandi o whatever other than wearing apparel, personal baggage, or, as tho case may be, ~ls of trade, spccifyin~ it; tliat th.ey are all 

the property of a person named who IS shortly expected, ana are not directly ur indirectly imported for a.ny other, or intended tor sale. 

Mr. POLAND. I offer tho following amendment : In the twentieth line, after the word "who," in ert "bas arrived or;" and ~ 

the word "expected" insert the words "to arrive in the United States .. , 

The amendment was agre~d to. 
1790 -CONGRESSIONAL RECORD. FEBRUARY 25, 

Mr. POLAND. The next amendment is to section 2847; on page 

702. 

The section was as follows : 

SEC. 2847. When any merchandise is intended to be imported from any foreign 

country into the port of Selma, npon the Alabama River, in Alabama, such mer- cha.nuiso ma:v be entered at any port of entry and thereafter transported to Selma, 

npon compJfunce with sections 2853 to 2859, inclusive. . 

Mr. POLAND. I offer the following amendment : · 

In lines 3 and 4, strike out "any port of entry," and insert in lieu thereof "Mo- bile." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is to section 2851, on page 

70:3. 

The section was as follows : 

SEC. 2851. When any merchandise is intended to be imported from any forei~ 

countr.v into either of the following ports of delivery, namely: Parkers burgh, ill 

W est Virginia; Paducah, in Kentucky; Saint Joseph and Kansas City, in Missomi; Memphis, in Tennessee ; Alton, Galena, guincy, Cairo, and Peoria, in Dlinoifl; Evansville, New Albany, Madison, and Jeffersonville, in Indiana.; Keolmk, 

Dubuque, and Burlinoton, in; Iowa; Leavenworth, in Kansas; and Omaha., in Nebraska., such merchan'ilise may be entered at the port of New Orleans, and ther eafter transported to the port of delivery for which the same is intended, in compliance 

with sections 2853 to 2859, inclusive, and subject to the forfeitures and penalties 

therein mentioned. 

Mr. POLAND. I offer the following amendment: 

In line 5 strike out the words "and Peoria," and insert "and" before "Cairo." 

The amendment was agreed to. 

Jrlr. POLAND. The next amendment is to section 2859, on page 

705. 

The section was as follows : 

SEC. 2859. The collector at the port of entry shall permit no entry to be made of merchandise, where the duty on the same shall exceed the amount of the bond 

deposited with the surveyor, nor shall the surveyor receive the bond of any person not entitled to a credit at tho custom-house, nor for a sum le s than :fifty dollars. 

When the bond has been completed, and the actual amonnt of duty ascer..ained 

an<l certified on the mll!?n· tho surveyor of the port where the bond is taken shall 

deposit the same for couection in such bank a& may be directed by the Secretary of 

t.he Treasury. 

Mr. POLAND. I offer the following amendment: 

Strike out in the first line the words "the collector at the port of entry," and insert 

in lieu thereof the following, ·"when any merchandise is intended to be imported 

from any foreign countr.v into either of the ports named in sections 2843 to 28:l2, 

inclusive, the collector of the port of entry named in such sections respectively." 

The n.mendment was agreed to. 

Mr. POLAND. The next amendment relates to section 2860, on page 

703, and section 2572, on page 649. 'Ve struck out section 2572 and 

inserted a later provision which superseded it, which we found in the 

st::ttut.'), but on going further in our examination we found that the r evisers had also, over on page 705, included this latter act which 

superseded the one that was revised and made section 2572. And 

page 705 seems a more appropriate place. Therefore the committee 

determined to withdraw the substitute for section 2572 ancl strike out 

that section entirely.· The amendment is precisely this section 2860, 

except that by-a later act section 2572 applied only to Natchez; that 

is, foreign vessels coming to Natchez were required to make entry at 

New Orleans. Th::tt wa,s superseded by a different provision of a later 

statute; and by still another statute Vicksburgh was included with 

Natchez, and they are both included in section 28GO, which is as follows: 

Sr~c. 2860. All vessels proceeding to the ports of N at{)hez or Vicks burgh from any 

foreign lJOrt shall stop and report their arrival at the port of New Orleans; an<l 

before any such vessel shall proceed on her voyage to Natchez or Vicks burgh the 

collector for the district of New Orleans shall order on board any such >essel a. custom-house officer, who sha-ll remain on board such vessel until her arrival at Natchez or Vicksburgh. Such custom-house officer shall take possession of and 

safely keep all the papers belonging to such vessel having relation. to the freight or cargo on board, which papers he shall deliver to the collector at Natchez or Vicksburgh immediately after his arrival at that port; and a.ny such vessel, which 

shall depart from New Orleans without such custom-house officer on board, shall be 

subject to all the pains and penalties provided for by law for a violation of the rev- enuolaws. 

So we leave section 2860 to stand; and I ask unanimous consent to 

withdraw the substitute for section 2572. 

There was no objection, and the substitute for section 2572 was withdrawn. , :Mr. POLAND. The next amendment is to section 2550, on page 

643, in connection with section 2863, on page 706, which is as follows : 

SEC. 2863. Vessels bonnd up James River, in the State of Virginia, shall not be r cq uired to stop in Hampton Roads to deposit a manifest with the collector at Norfolk. But the master of the revenue-cutter stationed at Norfolk shall, under the 

orders of the Secretary of the Trea&ucy, board all such vessels, and indorse their 

manifests, and place an officer on board of each vessel bound up James River, having a cargo from a. foreign port. If, however, there is no revenue-cutter on that 

station for the purpose of boardin~ vessels, or when the state of the weather may 

be such as to render it impracticable to send an officer on board any vessel bonnd 

up James River, having a cargo from a. foreiWt port, the captain shall deposit, with 

tho surveyor at Hampton, a. copy of tlie manifest of tbe cargo on board such vessel 

Section 2550 provided what should be done by foreign vessels that were going up "James River. That was superseded by a later statute, 

and au entirely different provision was made, which we insert in lieu 

of section 25SO. We find it is all contained in this section 2863 ; and 

therefore, if there be no objection, we withdraw section 2550 entirely. 

There was no objection, and section 2550 was accordingly withdrawn. · 

Mr. POLAND. Tho next amendment is to strike out sections 2865 and 2866. 

The sections referred to were as follows: 

SEc. 2~. All vessels bo~d to the city:· of La Fayette, in Louisiana., may, after proceedmg thereto, and ma1..,ng report and entry at the port of Now Orleans, ,yj thin tb,e time ~ted by la;~v, be permitted to unlade their cargoes at La F ayette, uncler tlLe regulations prescribed by law, and such further regulations as the Secretary of the Treasury may deem necessary. 

SEC. 2866. All v essels about to depart from La Fayette for foreign ports shall be 

permitted, under such regulations as the Secretary of the Treasury may }Jrescribo, to clear with their cargoes at the custom-house inN ew Orleans, and depart as from t.he port of New Orleans; and merchandise imported into the U nite<l States, and ex- ported from La Fayette, nuder such r egulations, shall be entitled to the benefit of 

drawback of duties upon exportation to any foreign port undor the same restrictions as if tho merchandise ha.d been exported directly from New Orleans. 

:Mr. POLAND. The port of La Fayette has been abolished as a separate port, and united with the port of New Orleans. 

The amendment was agreecl to. Mr. POLAI\TD. The next amendment is in section 2881. 

The section referred to was as follows: 

SEC. 2881. For every verification of an invoice and certificate before a. consul or commercial agent, such consul or commercial agent shall be entitled to dcmaml and receive from the person making the same a fee of two dollars. But each shipper 

shall have the right to include all articles shipped by him in the same invoice. 

Mr. POLAND. The amendment is to insert after the words "two 

doll::trs" the words "and filly cents." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 2890. 

The section referre(l to was a-s follows : 

SEc. 2890. Except as allowed in the three preceding sections, no merchandise ~P<!rted from anY. foreign place or con ntry shall be ad.ri:ri tted to au on try unless tho ill VOICe presented ill all respects conforms to the requirements of those sections, 

and has thereon the certificate of the consul, vice-consul, or commercial agent in 

those sections specified, nor nnless the invoice is verified at the time of makinosuch entry by the oath of tho owner or consignee, or of the authorized a"'ent of the owner or consignee, certifying that the invowe and the declaration th ~eon are in all respects true, and were made l.Jy tho person by whom tho same purports to h<tVo been made, nor unless the triplicate transmitted by the consul, vice-consul, or com- mercial agent to the collector ha& been received by him. 

Mr. POLAND. I move to amend the first line by striking out 

"three" and inserting "four" before the words "preceding sections ·" 

also, a little farther on in the section, strike out " those," before "se~ tions," and insert .11fter "sections" "2883, 2884, and 2885." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 2895. 

The section referred to was as follows: 

SEC. 2895. Every person who makes out or passes, or attempts to pass, through 

the custom-house any false, forged, or fraudulent invoice, shall be deemed guilty of a. misdemeanor, punishable by a fine of not more than 5,000 or by imprisonment for not more than two yearR. 

:Mr. POLAND. I move to amend by inserting, after the words ~'fraudulent invoice," the words "or who shall aid or ::tbet in making or passing such false, forged, or fraudulent invoice;" also add to the 

section the words "or both, in the discretion of the court." 

:Mr. ELDREDGE. Is it intended to make a new class of crimes Y 

Mr. POL.A.l\TD. No, sir. These words are in the statute ; but the 

revisers left them out. The words we propose to insert are copied 

from the statute; the revisers omitted them, either by design or by 

mistake. 

The amendment was agreed to. 

Mr. POLAND. The next amendment is to strike out section 2940. 

The section referred to was as follows : 

· SEc. 2940. Where the appraised value of any merchandise appraised under any law concerning imports and_ tonnage shall exceed, by less than 25per cent., the invoice 

value thereof, such appraised value shall be considered the true value of such mor- chan<lise, upon which the duty shall be charged, with the addition of such per centum as may he by law required. 

Mr. POLAND. This section has been superseded by a lateT provision of the law in relation to appraisers and the effect of their 

appraisement. 

The amendment was agreed to. 

Mr. POLAND. The next n.mendment is in section 2961.· The section referred to was as follows : 

SEC. 2961. If the importer, owner, agent, or consignee, of any merchandise sl1all 

be dissatisfied with the appraisement., and shall have complied with tho foregoing re(juisitions, he may forthwith givo notice to the collector, in writing, of sucli dissatisfaction; on the receipt of which the collector shall select ono discreet and oxpc- rienced merchant to be associated with one of the general appraisers wherever prac- ticable, or two discreet and experienced merchants1 citizens of the United States, familiar with the character and value of the goods m question, to examine and ap- . praise the same, agreeably to the foregoing provisions; and if they shall disaqree, 

the collector shalT decide between them; and tho appraisement thus determmcd 

shall be deemed to be the true value, and the duties shall be levied thereon accordingly. 

Mr. POLAND. The amendment is near the close of tho section to 

insert "final, and" before the words "deemed to be thet1ue value." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 2962. 

The section referred to was as follows : 

SEc. 2962. On the entry of any vessel, or of any merchandise, the decision of the 

collector of customs at the port of importation and entry, as to the rate and amount of duties to be paid on the tonnage of such vessel or on such merchandise, and the 

dutiable costs and charges ther eon, shall be final and conclusive against all persons interested therein, unless the owner, master, commander, or consignee of such YCS· 

sel, in the case of duties levied on tonnage, or tho owner, importer, consi.!!Deo, or agent of tho merchandise, in the case of duties levied on merchandise, or tho costs and charges thereon,-shall, within ten days after tho ascertainment ami liquidation 

of the duties by tho proper ollicers of the customs, a-s well in cases of morcham1iso entered in bond as for consumption, give notice in writing to tlw collector oa each 

entry, if dissatisfied with his decision, sottin.; forth therein, distinctly and spocifi-
• 

1874. CONGRESSIONAL RECORD. 1791 

cally the grounds of his objection thereto, and shall within thirty days after the 

elate ~f such ascertainment and liquidation appeal therefrom to the Secretary of 

the Treasury. The decision of the Secretary on such appeal shall be conclusive; 

and such ve sel, or merchandise, or costs an~ c~ges, shall be liable to <'!-~ty ac- cordin.,.ly unless suit shall be brou.,.ht within runety days after the dec1s1on of 

the Secl'etary of the Treastll'Y ou such appeal for any duties which shall hav'? been 

paid before tho date of such decision on such vessel, or on such: mercp.andise, or costs or charges or within ninety days after the payment of duties p:ud after the 

decision of the Secretary: No sultshall bemain~inedin any courtfol;" tho recoyt?ry of any duties alleged to have been erroneously or ille$a.lly exacted, until tho decision 

of the Secretary of the Treasury shall have been urst ha:d on such appeal, unless 

tho decision of the Secretary shall be delayed more than mnety days fr?m the date 

of such appeal in case of an entry at any port east of the Rocky Mountains, or more than five months in case of an entry west of those mountaihs. 

Mr. POLAND. The amendment is near the middle of the section; 

to insert before the word "conclusive" the words "final and." 

The amendment was agreed to. · Mr. POLAND. The next amendment is in section 3020. 

The section referred to was as follows : 

SRC. 3020. In ca e of entry for exportation there shall be no abatement of the 

duties or allowance mad~ for an,v injury,. dam~ge, deterio~tion, l!'ss, or leakage sus- . tabled by any merchandise while depos1ted many public or pnvate bonded ware- house. 

:Mr. POLAND. I move to amend by striking out the first line of 

the section, "in case of entry for exportation there shall be no," and 

inserting in lieu thereof the words "in no case shall there be any." 

The amendment wa-s agreed to. 

Mr. POLAND. That is a-s far as the committee have gone in this 

chapter relating to customs. I have one or two amendments in the 

chapter on crimes, which I may as well offer now. The first amendment is in section 5395. 

The section referred to was as follows: 

SEC. 5395. The punishment of whipping and standing in the pillory is abolished. 

1\Ir. POLAND. The amendment is to strike out the words" is aboli&hecl," and insert in lieu t.he words " shall not be inflicted." 

Mr. ELDREDGE. Why is that f 

])fr. POLAND. I do not suppose that the language which we propose to insert varies the meaning at all, but we think it better langua.ge than the other ; and, more than that, it is the language of the 

statute. 

Mr. ELDREDGE. ·which is the language of the statute f 

Mr. POLAND. "Shall not be inflicted." 

The amendment was agreed to. , Mr. POLAND. The next amendment is in section 5433. 1 The section referred to wa-s as follows : 

j SEC. 5433. Every citizen who, on the high seas, willfully and corruptly casts away · or otherwise de troys any vessel of which he is owner, in whole or part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any person that may have goods thereon, or any other owner of such vessel, shall 

suffer death. 

Mr. POLAND. The amendment is to strike out in the first line the 

word " citizen," and insert "person." The revisers substituted the 

word "citizen" for "person ; " it may make quite an important difference, and we prefer the language of the statute. 

The amendment was agreed to. Mr. POLAND. The ne:A.'"t amendment is in section 5514. 

The section referred to was as follows: 

SEC. 5514. All property taken or detained by any officer. or other person under 

authority of any revenue law of the United States shall be irrepleviable, and shall 

be deemed to be in the custody of the law and subject only to the orders and decrees 

of the courts of the United States having jurisdiction tiiereof. .A.ncl every person who dispossesses or rescues, or attempts to dispossess or rescue, any property so taken or detained, or aids or assists thcrem, shall be imprisoned not more than 

twelve months, and fined not more than ~00. 

Mr. POLAND. The amendment is to strike out the first sentence ·of the section, and the word "and" in the second senten9e befor~ the 

words "every person;" also to insert in the .second sentence after the 

word "detained" the words "by any officer or other person under the 

authority of any revenue law of the United States;" also to strike 

out the word "so" before the words "taken or detained." The first 

part of this section is contained in another part of the revision. 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 5526 . The section referred to was as follows : 

SEc. 5526. Every person who falsely makes, forges, or counterfeits, or causes or :procures to be falsely made, forged, or counterfeited, or willingly aids or assists m falsely making, forging, or counterfeiting, any coin in the resemblance or similit'lue of any of the minor coinage 'Yhich has been or hereafter may be coined at the 

lnints of the United States; or who passes, utters, publishes, or sells, or brmgs into 

the United States from any foreign place, or has in his possession, any such false, 

forged, or counterfeited com, with intent to defraud any person whatsoe>er, shall 

be punished by a fino of not more than $1,000 and by imprisonment at hard labor not more than three years. 

Mr. POL.A.l.~D. The amendment is to strike out the words" of the 

minor coinage," ancl insert in lieu thereof the words " copper coin or coin composed of copper :md other ba e metals." We cannot find that 

phrase " minor coinage " in the statute, and we insert the language o:t' the statuto. 

The amendment was agreed to. 

Mr. POLAND. I move further to amend by inserting after section 

5552 the following, as a new section: 

SEc. -. Every person who shall receive any money or other valuable thin~ under a threat of informillg, or as a consideration for not iriforming, against any vioL'!.tion 

of any intemal-revenue law, shall, on conviction thereof, be punished by a fine not exceeiling$2,000, or by imprisonment not excoeding one year, or both, at the discre. 

tion of the court, with costs of prosecution. 

This section is found in the internal-revenue law; but we thou(.,.ht 

it more advisable to transfer it to the chapter of offenses. It is a literal copy of the statute. · The amendment was agreed to. 

Mr. POLAND. I now yield to my colleague on the committee, the 

gentleman from Massachusetts, [Mr. E. R. HoAR.] • Mr. E. R. HOAR. The amendments which I have to offer are, with one exception, connected wilh some which will follow in the internal- revenue law, and they come first under the chapter beginning on page 

73, entitled "The Commissioner of Internal Revenue." The first 

amendment is to section 323. 

The section was as follows : 

SEC. 3-23. The Commissioner of Internal Revenue is authori~ed to designate one of the heads of division as chief clerk of the Bureau without additional confirmation. 

Mr. E. R. HOAR. I move to correct a misprint in this section by 

striking out at the end of the section the word "confirmation" ancl 

inserting "compensation." 

The amendment was agreed to. Mr. E. R. HOAR. The next amendment is to section 324 . The section was as follows: 

SEc. 324. The Commissioner of Internal Revenue, under the direction of the 

Secretary of the 'l'reasury, shall have general superintendence of the collection of 

all duties and taxes now or hereafter imposecl by any law providmg internal reve- nue; and shall prepare and distribute all the instructions, regulations, directions. 

forms, blanks, stamps, and other matters pertaining to the collection of internal revenue; and shall provide hydrometers, and proper and suffiaient adhesive stamps and stamps or dies for expressrng and denoting the several stamp duties, or, in tho case of percentage duties, the amount thereof; and alter an!! renew or replace such 

stamps from time to time, as occasion may require. 

Mr. E. R. HOAR. I move to amend by inserting in line 3, befo1.'e 

the word "collection" the words "assessment and." 

The amendment was agreed to. 

Mr. E. R. HOAR. I move further to amend -by inserting before 

the word "collection," in the sixth line, the words "assessment and;" 

and by adding at the end of the section the following : 

He may also contract for or procure the printing of requisite forms, decisions, 

and regu).a.tions; but the printing of such forms, decisions, and re~ulations shall be 

done at the Public Printin<T Offioo, unless the Public Printer shalloe unable to perform the work: Provid!Jd, That the Commissioner of Internal Revenue may, under 

such regulations as may be established by the Secretary of the Treasury, after due 

public notice, receive bids and make contracts for supplying stationery, blank-books, 

and blanks to the collectors in the everalcollection districts ; and the said CoffiiDis- sioner shall estimate in detail by collection districts the expense of assessing an!! 

the expense of the collection of internal revenue. 

The amendment wn,s agreed to. 

Mr. E. R. HOAR. I wish in the next place to move an amendment 

to section 326. 

The section was as follows : 

SEc. 326. The Deputy Commissioner of Internal Revenue shall be charged with 

such duties in the office of the Commissioner of Internal Revenue as may be pre· scribed by the Secretary of the Treasury, or by law, and shall act as Commissioner 

of Internal Revenue in case of the absence or inability of that officer. 

:Mr. E. R. HOAR. I move to amend by striking out in the last line 

of the section the words" or inability." 

The amendment was agreed to. 

Mr. E. R. HOAR. The only remaining amendment which I have 

to offer is to section 4356. 

The section was as follows : 

SEc. 4356. Every vessel makillg voya<Tes from a port in tho United States to any foreign port, or, being of the burden o't seventy-five tons or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall have an official ·log- book ; and every master of such vessel shall make, or cause to be made therein, 

entlies of the following matters ; that is to say : First. Every legal conviction of any member of his crew, and the punishment 

rnflicted. 

Second. Every offense committed by any member of his crew for which it is 

intended to prosecute, or to enforce a forfeiture, together with such statement con- cerning the reading over such entry, and concerning the teply, if any, made to the 

charge, as is above required. 

Third. Every offense for which punishment is inflicted on board, and the punishment inflioted. · Fourth. A statement of the conduct, character, and qualifications of each of 

his crew: or a stAtement that he declines to give an opinion of such particulars. 

Fifth. Every case of illness or in.iuryhappeningto any member of tho crew, with 

the nature thereof, and tho medical ~li'atment. · Sixth. Every caso of death happenin"' on board., with the cause thereof. 

Seventh. Every birth happening on board, with the sex of the infant, and the names of tho parents. 

Eighth. Every marriage taking place on board, with the names and ages of the 

parties. Nmth. The name of every seaman or apprentice who ceases to be a member of 

the crew otherwise than by death. with tho placo, time, manner, and cause thereof. 

Tent.h. The wages duo to any seaman or apprentice who dies during the voyage, aml the gro s amount of all deductions to be made therefrom. 

Eleventh. The sale of the effects of any seaman or apprentice who dies during the voyage, rncluding a statement of each article sold, and the sum received for it. 

Mr. E. R. HOAR. I move to amend by striking out before the worcl 

"required," at. the end of the third paragraph, the word "above; " 

and by adding after the word " required" the words "by the provisions of section 46G4." 

The amendment was agreed to. ~Ir. E. R. HOAR. This amendment completes the part of therevision which has been under myparticnlarcharge; and I yield to my 

colleague on the committee, the gentleman from Rhode Island, [Mr. 

PE:8DLETOX.] 

Mr. BURCHARD. Before the gentleman from Massachusetts [Air. 

E. R. HoAR] takes his seat, I would like to a-sk himwhethertheroare 

not at present two deputy commissioners of internal revenue. There 
J792 CONGRESSIONAL RECORD. FEBRUARY 25, 

were, I believe, three before we passed a. few days ago a bill abolishing one of those offices. I see that this revision provides for only one deputy commissioner; and hence I desire to call the attention of the 

gentleman from Massachusetts to the matter. , · Mr. E. R. HOAR. I can only answer that I have not found any 

statute providing for more than one. This revision has been submitted to the Treasury Department, where it has received very careful 

consideration without the suggestion of any addition in this re pect. 

Mr. BURCHARD. The compilation of theinternal-revenuelaws for 

1873, referring to the act of June 22, 1870, gives theprovision for two 

deputy commissioners, each with a salary of 3,000. B:r a bill which 

has recently become a law we abolished one of those offices. I do 

not suggest any amendment. I only call attention to ~he matter. 

Mr. E. R. HOAR. The Treasury Department has h ad under care- ful consideration that part of the revision relating to the organization of that Department ; and though many amendments, both before 

and after this particular provision, have been sugge ted from that 

Department, there has been none in this respect; and the committee 

found no provision of law for more than one deputy. I am very sure if in the Treasury Department there had been any idea that there was a law for more than one it would have been suggested. 

:Mr. BURCHARD. Woll, Mr. Speaker, I believe the law gives the 

powers of the Commi sioner to the first deputy only; and a-s the 

la.w now stands there is no reason why there should be more than one deputy. But my recollection iB that th~re have been three- a fu·st, a second, and a third deputy, and that there are now a first and second 

deputy actually occupying those offices. 

)Ir. PENDLETON. I move on page 789, title 35, "Internal Ravenne," chapter 1, in section 3203, line 4, to insert after the words "any 

State" the words "or Territory, or the District of Columbia;" and in 

line 6 to add the letter "s" to the word "district;" so it will read : 

SEc. 3203. For the purpose of a.ssessin "'• levying, and collecting the taxes provided 

by the internal-revenue laws, the President may establish convenient collection 

districts, and for that purpose he may subdivide any State or Territory, or the District of Columbia, or may unite two or more States or Territories into one district, anu may from time to time alter said districts. 

The amendment was agreed to. Mr. PENDLETON. I move in line 8, same section, to • strike out 

from and after the word "State" these words : 

Is entitled : And provided /ttrther, That in the State of California the President may establish a number of districts not exceeding the number of Senators and 

Representatives to which said Sta~e is entitled. 

Ancl to insert in lieu thereof the following : 

Was entitled in the Thirty-seventh Congress, except in such States as were en- titled to increa ed representation in the Thirty-eighth Congress, in which States 

the number of districts shall not exceed the number of Representatives to which a.ny State was so entitled : And provided further, In the State of California the 

President may establish a number of districts not exceeding the number of Sen- ators and Representatives to which said State was entitled in the Thirty-seventh Congress. 

So it will read : 

SEC. 3203. For the purpose of assessing, levying, and collecting the taxes pro- vided bytheinternal-revenuelaws, thePresidentmay establish convenient collection 

districts; a.nd for that purpose he may subdivide an:1 State or Territory, or the District of Columbia, or may unite two or more States or Territories into one district, 

ami may from time to time alter said districts: Provided, That the number of districts in any State shall not exceed the number of Representatives in Con!!I'ess to which such State was entitled in the Thirty-seventh Congres , except in sucg States a were entitled to increased representation in the Thirty-eighth Congress, in which 

States the number of clistricts shall not exceed the number of Representatives to which any State wa.s so entitled: And provided further, In the State of California 

the President may establi h a number of districts not exceedin"' the number of Sen~ ators and Representatives to which said State was entitled in"' the Thirty-seventh Congress. 

Mr. MAYNARD. Do I understand there are five collection districts 

in the State of California 7 

Mr. PENDLETON. The number cannot exceed the number of 

Senators aud Representatives. 

Mr. MAYNARD. Has there been no change since this act was passed, I believe in the Thirty-seventh Congress, when they had three 

Representatives, and, of course, two Senators f 

Mr. PENDLETON. The act was passed June 30, 1864. 

Mr. MAYNARD. Cannot the committee find any legislation restricting the number of collection districts 7 

Mr. PENDLETON. This is in accordance with the opinion of the 

Attorney-General. 

The amendment was agreed to. 

:Mr. PENDLETON. I move on page 790 section 3204, in line 6, after 

the word "make," to insert the letter cl a," and substitute for the 

word "appointments" the word " appointment," and for the word 

"officers" the word "officer;" so it will read: 

SEc. 3204. The President, by and with the advice and consent of the Senate shall 

appoint for ea()h collection district a collector, who shall be a resident of the ~am e. ·when two or.m?re collection distric~ ~e united by him, he may desi!mate from among the eXI.Stmg officers of such distr1cts one collector for the new futrict or at his discretion, he may make a new appointment of such officer for said diskict: 

The amendment was agreed to. 

111r. PENDLETON. I move to strike out section 3205, on page 791 · which is a-s follows : ' 

SEC. :3205. The Secretary of the Treasury may fix such additional rates of com' pensation to be ma(le to inspoctors in Louisiana, Georgia, South Ca.rolina Alabama 

Florida, Texa , Arkansas, Nort~ C';U'olina, Mississippi, Tennes ee, Caufornia, N&. v!l. L~ antl Oregon, and tho Ten1tones, as :J?l~Y appear to him to be _just and equita- ble~ m consequence of the greater cost of liVlllg and traveling in tl10se States and 

Territories, and as may, in his judgment, be necessary to secure the services of 

competent officers; but the compensation thus allowed shall not exceed the rate of 

$5,000 per annum. 

It applies simply to inspectors of tobacco who are compensated by 

fees. ·The amendment was agreed to. 

Mr. PENDLETON. I move· on page 790, section 3207, in line 8, to 

strike out the words "and approved;" and in line 9, after the word 

"TI·easury," to insert the words "and approved by the Secretary of 

the Treasury;" so it will read: 

Snc. 3207. It shall be the duty of such collectors of internal revenue as may be 

designated by the Secretary of the Treasury to act a.s disbursing agents of the 

Treasury for tho payment of all expen es of collection of taxes and other eXJlendi- tm·es for the interna1-rflvenue service within their re pective districts, underre!!Ulationsa.nd instructions from the Secretary of the Treasury, on giving goou ~d sufficient bond, with such sureties, in such form, and in such pemil urn as shall be 

prescribed by the First Comptroller of the Treasur.v, and approveu by the Secretary 

of the Treasury, for the faithful performance of their duties as such disbursing 

agents; biLt no a~di tional compensation shall be paid to collectors for such services. 

The amendment was agreed to. 

!Ir. PENDLETON. I move on page 791, section 3208, to insert 

after the word "tax" in line 14, the word "received," and to insert 

after the word "tax" in line 16 the word "received," and in line 35 

insert after the word "happen "the words" by death or resignation;" so it will read : · 

SEc. 3208. There shall be allowed to collectors, in full compensation for their serv- ices, and for those of their deputies, a salary of ·1, 500 per annum, to be paid quar- terly, and in addition thereto a commission of 3 per cent. upon the first 100,000, of 1 per cent: upon all sums above $100,000 and not exceeding 400,000, a.nd of one-half of 1 per cent. upon all sums above $400,000 and not exceeding 1,000,000, and of one- eighth of 1 per cent. on all sum above 1,000,000; such commission.'! to be computed upon the amountbythem respecth·elycollcctedandpaiuovera.ndaccountcd for under the instructions of the Treasury Department; except that in determining the com- pen ation to be allowecl to any collector the commission shall be computed on only one-half of the tax received on any articles which shall have been transported from his district in bond, and on only one-half of the ta.x received on any articlesrecei ved 

in his district in bond1 where such transportation bas been by shipment from one di trict to another. Anu there shall be further paid, after the account thereof bas 

been rendered to and approved by the proper officers of the Treasury, to each collector his necessary and rea.sonable charges for advertising, stationery, and blankbooks used in the performance of his official duties, and for postage aetually paid on letters and documents received or sent, and exclusively relating to official busi- ness; but no such account shall be allowed unless it states the date and the particulGr items of every such expenditure, and is verified by the oath of tho collector. The Secretary of the Treasury may make such furtlier allowances from time to time, as may be r easonable, in cases where, by reason of the territori~ extent of the 

district, or the amount of internal taxes collected, or other circumstances, it may seem just to make such allowances. But.the total net compensation of a collector shall not in any case exceed $4,500 a. year; and no collector shall be entitled to any portion of the salary pertaining to his office unless he shall have been confirmed by 

tho Senate, except m cases of commissions to :fill vacancies which happen by death or r~ignation during the recess of the Senate. 

The amendment was agreed to. Mr. PENDLETON. I move on the same page, section 3209, in line 

1, after the word "collectors," to insert the words "accruing after 

June 30, 1864;" so it will read : 

SEc. 3209. In adjusting the accounts of collectors accruing after June 30, 1864, 

and in the payment of their compensation for services, the fiscal year of the 

Tre.asury shall be observed. 

. The amendment wa-s agreed t.o. ~Ir. PEl\TDLETON. I move on the same page, section 3210, in line 

1, to strike out the word "compensation" and insert the word "com- mi sions ;" so it will read : 

SEc. 3210. When any part of the commissions of the collector of any district is 

11y commi sion upon a-ssessments or collections, and, in consequence of anew appointment, is due to more than one collector within the same year, such commissions 

shall be appor-tioned between such collectors; but in no case shall a greater amount of compensation be allowed to two or more collectors in the same district than shall 

have been authorized by law to be allowed to one collector. But no payment shall 

be made to collectors, on account of salaries or commissions, without the certificate 

of the Commissioner of Internal Revenue that all reports required bylaw or regnlation have been received, or that a satisfactory explanation has been rendered to him 

of the cause of delay. 

The amendment was agreed to. ~ir; PEMDLETON. I move on page 793, at the end of section 3214, 

which is as follows: 

SEc. 3214. There shall be appointed by the Secretary of the Treasury, in every collection districtwhere they maybe necessary, one or moro inspectors of tobacco 

and cigars, who shall take an oath faithfnlly to perform their duties, in such form as the Commis ioner of Internal Revenuo may prescribe, and shall be cntitlcu to receive such fees as he may pre.'lcribe, to be paid by the owner or manufacturer of 

the articles inspectedTo a"(jd the following words: ' 

Such inspectors shall be r equired to give bonds, with security, approved by the 

Secretary of the Trea.aury or collector of the district, in a. sum not less than $5,000, 

conditioned for the faith:ful discharge of the duties of such inspector. 

That is provided for by the act of 1 67. 

The amendment was agreed to. Mr. PENDLETON. I move on the same page, section 3215, in line 

8, to strike ont the word "hereafter;" in line10, after the word "known," 

to insert "of the Trea ury Department in connection with the internal revenue;" and in lines 12 and 13 to strike out after t.he word 

"office" ''in connection with the internal revenue;" so it will read : 

SEc. 3215. The Commissioner of Internal Revenue may, whenever in his judg- ment the necessities of the service so require, employ competent agents, not exceeding at any time twenty-five in nD-mber, to be paid such compensation as he may deem prgper, not exceeding, iu aggregate, any appropriation made for that pur· po. o, a.ad ho may, at his di m·ction, as igu any such agent to duty unucr tht' llir c- tion of a.ny officer of inLernalreve:nue, or tosuchotherspocial duty as he :may tlecm 

• 
, 

1874. CONGRESSIONAL RECORD. 1793 

necessary; and no general or special agent or jnsl!ector, by _what~ver de~gnation 

he may be known, of the Treasury Department,. ill connection w1th the ~ternoJ. 

revenue, except inspectors of tobacco, ~m;rff, and cigars, and excel?t as P!OVlded for 

in this title, shall be appointed, commissioned, employed, or continued ill office. 

The amendment was agreed to. . Mr. PENDLETON. The next amendment is to section 3221, on 

page 794. 

The section was as follows : 

SEc. 3221. Every internal-revenu~ officer, whose paymen~ ~h!U'ges, salary, or com- pensation ::u-e composed, wholly or ill part, of fees, commiSSions, allowances, or x;e- w::u-ds, from whatever source derived, shall be required to render to the CommiSsioner of Internal Revenue un.der regulations to be approved by the Secretary of 

the Treasury, a sta.tement ~der oa,th setting forth the entire amannt of such fees, 

commissions emolunients, or rewards of whatever nature, or from whatever source received, du;ingthe tin;l6 for which said statement is rel?-dered; and anyfals~st:l.te­ ment knowingly and willfully rendered und ~ the reqmrements of ~his secti~n, or re!mlations established in accordn.nce thereWith, shall. be deeme~ willful p_eiJury, 

an'a punished in the manner provideu by law for the cnme of perJury COmJJ?t~ed ill 

proceedings in the courts of the United States. And any neglect or omiSswn to render suCh statement when required shall be punished by a fine of not less than 

$200 nor more than $500, in the discretion of the court. 

Mr. PENDLETON. I o.ffer the following amendment: 

In lines13 and 14 strike out the words "committed in proceedings in the courts 

of the United States." 

The amendment was agreed to. 

Mr. PENDLETON. The next amendment is to sectio~ 3222, on 

page 794. 

The section was as follows: 

SEC. <,"J22. The President, by and with the advice and c.onsent o~ the Senate, may appoint not exceeding ten officers, to be called superVISors of illternal r evenue, each of whom may be assigned by the Secretary of the Treast;ITY, on the recom- mendation of the Commiss1oner of Internal Revenue, to duty ill an_y pa~t of th~ 

United Sta.tes, and may be transferred from place to place, according to the eXIgency of the public service. 

Mr. PENDLETON. I offer the following amendment : 

In line 3 strike out the word "may," and substitute therefor the word "shall.' 

The amendment was agreed to. ' 

Mr. PENDLETON. The next amendment is to section 3224, on 

page 795. 

The section was as follows : 

SEC 3224 In any port of the United States where there is more than one collector 

of in~rnal· revenue the Secretary of the Treasury may designate one of them to havechargeof all matters relating to the exportation of articles s~bject to tax under 

the internal-revenue laws; and at any port ~here he may deem It necessar_y theca 

shall be appointed by him an officer to supenntend all matters o~ exportatiOn and 

drawback under the direction of the collector. The compensation of the officers 

last named shall be prescribed by him, but shall not exceed, in a;ny ca.se, an allDual rate of $2,000, excepting at New York, where su~h compens!l'tion shall be at the 

annual rate of $3,000. At any port where there 1s no supermtendent of exports, 

all the duties and services required of such officers shall be p erformed by the collector of internal revenue designated tQ have charge_ of exportatiol!-. .All the boo_ks, papers, and documents in the bureau of dr_awbacks ill the-respective ports, r~lating 

to t.he drawback of taxes paid under the illt.ernal-revenl_le laws, shall be deliverea to the collector of internal revenue in charge of exportation. 

Mr. PENDLETON. I offer the following amendment: 

In line 9 strike out the word "hinl" and substitute therefor the words "the Secretary of the Treasury." 

The amendment was agreed to. 

Mr. PENDLETON. The next amendment is to section 3225, on page 

795. 

The section was as follows : 

SEc. 3225. Every collector of internal revenue in charge of exportation and every superintendent of e"qlorts and drawbacks is aut.horizeO. to adminis!:.er such o!i>ths 

and to certify to such papers as may be necessary under any regulation prescnbed 

under the authority of the internal-revenue laws. 

Mr. PENDLETON. I offer the following ·amendment. 

In lines 1 and 2 strike out the words "in charge of exportation." 

The amendment was agreed to. 

Mr. PENDLETON. The next amendment is to section 3226, on page 

795. 

The section wa"8 as follows : 

SEc. 3226. Every supervisor, under the direction of the Commissioner, shall see that all laws and regulations relating to the collection of internal taxes are faithfully executed and complied with ; and shall aid in the prevention, detection, and 

punlshment of any frauds in relation thereto, and examine into the efficiency and 

conduct of all officers of internal revenue; and for such purposes he shall have power to exalnine all wrsons. books, pa:pers. accounts, and premises, to administer 

oaths and to SUlllmOii any person to produce books and papers, or to appe.'tr and 

testify under oath before him, and to compel a complian({e with uch SUlllillons in 

the same manner as collectors may dn. He shall re-port in writing to ~e Commissioner of Internal Revenue any neglect of duty, illCompetency, delinquency, or malfeasance in office of any internal-revenue officer of which h e may obtain knowledge with a statement of all tJie facts in eaflh case, and any evidence sustaining the sam~. He may, by notice in writing, suspend from duty any inspector, gauger, or store-keeper, and he may by like notice sus:pend any collecto! for frau~, or gro s neglect of duty, or abuse of power. In case of the suspensiOn of any illspector, gau,.er, or store-keei?er_, he shall immediately notify the ?O~ector of the proper (tistrict and the "CommiSSIOner of Internal Revenue, and w1thin three days ther eafter report his action and his rea£ons therefor, in writing, to the Commissioner. In case of the suspension of any collector, he shall immediately report his action to the 

Commissioner, with his rea,sons therefor, in writing, and the Commissioner, in all cases of suspension, shaU thereupon take snch action as he may deem proper. Every supervisor may also tmnsfer any inspector, gauger, or store-keeper from one distillery, or other place o~ dno/, or fro~ one collection district, to anot_he~, and 

shall, in like manner, report his action and his rea-sons therefor to the CommiSsioner. 

Mr. PENDLETON. I offer the following amendment : 

In line 17 strike ouj; the words "by lik~ notice." In lines 29 and 30 strike out ::~.11 after the word·" another" to the end.of the para~ph. 

The amendment was. agreed to. 

113 

Mr. PENDLETON. The next amendment is to section 3231, on page 797. 

The section was as fo1J.ows : 

SEc. 3-231. Any internal-revenue officer who is or shall become interested, directly or indirectly, in the manufacture of tobacco, snuff, or cigars, or in the proJluction, 

rectification, or redistillation of distilled spirits, or in the production of fermented 

liquors, shall be dislnissed from office; and every officer who becomes so interested 

in any such manufaflture or production, rectification, or redisti.llation, shall be fined not less than $500 nor more than $5,000. 

~fr. PENDLETON. I offer the following amendment: 

In line 4 strike out the words " or in the production of fermented liquors," and 

insert the same in line 7, after the word " distillation." . 

The amendment was agreed to. 

Mr. PENDLETON. I desire to offer a new section, to come in after 

section 323:3, at the end of the chapter. I send the amendment to the 

desk to be read. 

The Clerk rea,d as follows : 

· Add the following as a. new section after section 3233 : . SEc. -. If any officer appointed under and by virtue of any act to provide internal revenue, or any person acting under or by authority of any such officer, sh!ill receive any injury to his person or property, for or on account of any act by him 

done under any law of the United States for the collection of taxes, he shall be entitled t~ maintain sui~ for damages therefor in the circuit court of the United States, 

in the district where the party doing the injury may reside or shall be found. 

Mr. PENDLETON. That is a copy of a provision in the existing 

statute. 

The amendment was agreed to. 

Mr. PENDLETON. I send to the Clerk's desk to be read a new section, which I :t;nove t.o insert as a substitute for section 3235. 

The Clerk rea-d as follows: 

Strike out section 32::!5, and insert the following as section 3235: 

It shall be the duty of any person, partnership, firm, association, or corpomtion, 

made liable to any duty, special tax, stamp, or tax imposed by law, when not otherwise provided for, on or before the first · Monday of March in each year, and in 

other ca£es before the first day of levy, to make a list or return verified by oath or affinnation to the deputy collector of the district where located of the articles or objects charged with a special duty or tax, the quantity of goods, wares, and mer- chandise made or sold, and charged with a specific or ad vawrem duty or tax, the 

several rates and aggregate amounts according t.o the fol'II,l8 and regulations to be 

prescribed by the Commissioner of Internal Revenue, under the direction of the 

Secretary of the Treasury, for which such person, partnership, firm, association, or corporation is liable : Provided, That if any person liable to pay any duty or tax, or owning, possessing, or having the care or management of property, goodS, wares and merchandise, articles or objects liable to pay any duty, tax, or license, shail 

fail to make and exhibit a list, or return, as required by law, but shall consent to disclose the particulars of any and all the property, goods, wares, and merchandise, 

ru.ticles and object.s liable to pay any duty or tax, or any business occupation 

liable to pay any special tax as a.roresaid, then and in that case it shall be the duty 

of the deputy collector to make such list or return, which being distinctly read, 

consented to, and sighed and verified by oath or affirmation by the person so owning, possessing, or having the care and management as aforesaid, maybe received as the 

list of such person: Provided fwrtlu~r, That in case any person shall be absent from 

his or h er residence or pl!lfle of business at the time a deputy collector shall call 

for the allDual list or return, and no allDual list or return has been rendered by 

such person to the deputy collector, as required by law, it shall be the duty of such 

de-puty collector to leave- at such place of residence or business, with some one of 

suitable age and discretion, if such be present ; otherwise to deposit in the nearest post-Qffice, a note or memorandum, addressed to such person, requiring hini or her to render to such deputy collector the list or return reqnired by law within ten days of the date of such note or memorandum, verified by oath or a.ffinnation. 

And if any person, on being notifi.(}d or required as aforesaid shall refnse or neglect to render such list or return within the time req-aired as aforesaid, or whenever any person who is required to deliver ·monthly, or otherwise return all objects 

subject to a tax fails to do so at the tinle required, or delivers any return which, in 

the opinion of the collector, is false or fraudulent, or contains any undervaluation or understatement, it shall ba lawful for the collector to summon such person, or any other person having possession, custody, or care of books or accounts containina- entries relating t-o the business of such person, or any other person he may deem proper, to appear before him and produce such books at a time and plafle 

named in the sunimons, and to give testinlonyor answer interrogatories under oath 

respecting any objects liable to tax or the returns thereof. The collector may sum- mon any person residing or found within the State in which his district lies, and 

when the person illtended to be sUlllilloned does not reside and cannot be f-ound 

within such State, he may enter any collection district where such person may be 

found, and there make the examination h!)rein authorized. And to this end he may ther e exercise all the authority which he lnight lawfully exercise in the district 

for which he was commissionoo. . 

The amendment was agreed to. 

lli. PENDLETON. The next amenilinent is i1J. section 3237. 

The section referred to wa,s as follows : 

SEc. 3237. Whenever any person SUlllillOned under the two preceding sections 

neglects or reiuses to obey such SUlllmons, or to give testimony, or to answer interrogatories as required, the collector shall apply to the judge ol the district court or to a commissioner of the circuit court of the United States for the district within 

which the person so SUlllilloned r esides, or may b~ found, for a~fl~ent against him as for contempt. It shall be the dut.y of the JUdge or commiSsioner to he::uthe application, ami, if satisfactory proof is made, to issue ari attachment, directed· +.o some proper officer, for the arrest of such person, and upon· his being brought· before him to proceed to a hearing of the case; and upon such hearing the judge or' commissioner shall have power to make such order as he shall deem proper, not inconsistent with existing laws for the punishment of contempts, to enforce obedi- ence to the requirements of the SUlllillons, and to punish such person for his default or disobedience. 

Mr. PENDLETON. The amendment is in the :first part of the sec- tion, to trike out the word" shall," and insert the word "may" after 

" collector," and strike out the words "may be found," before the 

words "for an attachment," &c. The amendment wa8 agreed to. 

Mr. PENDLETON. The next amendment is in section 3238. 

The section referred +.o was as follows: 

SEc. 3238. The collector or any deputy collector in e-very district shall ~nter into 

and upon the prellli es, if it be necessar:Y, of ever:~ person .therein who has tax.abl~: 
1794 CONGRESSIONAL RECORD. FEBRUARY 25, 

property and who refuses or neglects to render any return or list reguired by law, or who renders a false or fraudtilent return or list, and make, according to the best information which he can obtain. including that derived from the evidence elicited 

by the examination of the collector, and on his own view and information, such list or return, according to the form prescribed, of the objects liable to tax, owned or possessed, or under the care or management of such person, and the Collllilissioner 

of Internal Revenue shall assess the tax thereon, and in ca e of any return of a false or fraudulent list or valuation, he shall add 100 per cent. to such tax ; and 

in ca e of a r efusal or neglect, except in cases of sickness or absence, to make a list or return, or to verify the same as aforesaid, he shall add 50 per cent. to such tax. In ca~e of neglect occasioned by sickness or absence as aforesaid, the collector may allow such further time for making and delivermg such list or return as he may deem necessary, not exceeding thirty days. The amount so added to the tax shall, in all cases, be collected at the same time and in the same manner as the 

tax; and the list or r eturn so made and subscribed by such collector or deputy collector shall be hehl good and sufficient for all legal purposes. . 

Mr. PE:NDLETON. The amendment is, after the words " Commissioner of Internal Revenue shall asses, the tax thereon," to insert the 

words '·including the amount, if any, due for special taxes." 

The amendment was agreed to. 

Mr. PENDLETON. The next amendment is in section 3239. 

The section referred to was as follows : 

SEC. 3239. Any revenue officer may enter, in the day-time, any building or place 

where any articles or objects subject to tax under schedule A are made, produced, or kept, ·within his district, so far as it may be nece sary, for the purpose of exam- ining said articles or objects. And any owner of such buildin"' or place, or per on having the ag_ency or superintendence of the same, who refuses to admit such offi- cer, or to suner him to examine such article or articles, shall, for every such re- fusal, forfeit $500. And when such premises are open at night, such officers may enter them while so open, in the performance of their official duties. 

Mr. PENDLETON. The amendment is, in the first line, to strike 

out the words "revenue officer," and insert in lieu the words "col- lector, deputy collector, or inspector; " also in the first part of the 

section strike out the words "under schedule A. 11 

The amendment was agreed to. 

Mr. PE:NDLETON. I move further to amend the same section by 

adding thereto the following : 

And if any person shall forcibly obstruct or hinder any collector, deputy collector, or inspector in the execution of any power and au monty vested in him by law, or shall forcibly rescue, or cause to be rescued, any property, articles, or objec , after the same snail have been seized by him, or shill attempt or endeavor so to do, 

the person so offendin<>', except in cases otherwise provided for, shall, for every 

such offense, forfeit an:i pay the sum of $500, or clouble the value of the :property so rescued, or be imprisoned for a term not exceeding two years, at the discretion of 

the court. 

The amendment was agreed to. 

Mr. E. R. HOAR. Attention was called by the gentleman from 

Illinois [Mr. BuRCHARD] to what he thought was an omission in the 

organization of the Treasury Department, in that only one deputy 

commissioner of internal re· enue was mentioned. I find that under 

the statute of 1866 there is mentioned a deputy commissioner by 

himself; and afterward, among the subordinate officers, two deputy 

commissioners are n::uned in that statute. Tho e two deputy com- missioners, with exactly the designation of the statute, will be found on page 53, in these words : · 

In the office of the Commissioner of Internal Revenue, to be employed under the 

direction of the Secretary of the Trea~ury, two deputy commissioners, at a salary of $3,000 a. year each. 

A deputy commissioner was first provided for as tho principal officer, who is to take the place of the Commissioner in his absence. He 

is put into the chapter providing for the organization of the Department. 

Mr. BURCHARD. I was not aware that th~re was another place 

where the subordinate officers in the Treasury Department are "specifically mentioned. I find it is as the gentleman from Massachusetts 

[Mr. E. R. HOAR] has stated. 

Mr. POLAND. I now yield to the gentleman from Wisconsin, [Mr. 

BARBER,] who has some amendments to offer. 

Mr. BARBER. The amendments which I shall offer relate to 

bounty lands. The first will be to section 2426. 

The section referred to was as follows : 

SEc. 2426. Each of the surviving, or the widow or minor chiltlren of decea~ed 

commissioned and non-commissioned officers, musicians, or privates, whether of re~ars, volunteers, rangers, or militia, who performed military ervice in any re~ent., company, or detachment, in the service of the United States in the war with G~eat Britain, declared on· the 18th ~ay of June, 1812, or in any of the Indian w~~s smce 1 ?90, and eaeh. of the COIJ?-nnssioned officers who was engaged in the 

milit.ary sAI'Vlce of the Umted States m the war with Mexico, sb:ill be entitled to lands as follows: Th?se who enga~ed to se~e twelve months or during the war and actually served nme months, snail receive one hundred and sixty acres and thos~ w~o engaged to serve six months and actually serred fom months, ~hall receive ei~pty acres, and those who engaged to serve for any or an indefinite p eriod 

allll ac~uauy served one m<?nth, shall receive forty acres; but wherever any officer or s~ldier was honorab~y ~charged in consequence of ilisabiliiy contracted in the serVlc~, before the expiration of J;ris p~riod of -service, he shall receive the amOlmt to which he would have been entitled if he had served the full period for which h e had engaged to serve. 

Mr. BARBER. Under the law in relation to the Mexican war an offer of bounty in land or in money was made while the war was going 

on.. It w~s a promise by the Government, and the soldiers performed 

therr serVJces under that contract. The first amendment is to insert 

after the words "any of the Indian wars since 1790" the words 'and 

prior to 3d March, 1850." That is the date of the passage of the· act. 

The amendment was agreed to. . ~- BARBER. The next amendment is to add to the section that 

which I send to t~e. Clerk's desk, embracing the pe uliarities of the 

act of 1847, proiDISmg bounty land to soldiers who might servP or 

were then in service, or who might thereafter enlist and serve in ths 

Mexican war. That differs from the other bounty law, which is copied 

in the section as here printed. 

The addition to the section was as follows : 

All the persons enumerated in this section who enlisted in the regular Army, or were mustered in any volunteer company for a periodofnotless than twelvemonths, 

and who served in the war with Mexico and received an honorable discharge, or who were killed, or died of wounds received or sickness incurred in the comse of 

such ervice, or were dischar~ed before the expiration of the term of service in con- sequence of wounds· r eceivea or sickne s incurred in the course of such servic , shall be entitled to receive a certificate or warrant for one hundred and sixty acres of land; or, at option, Treasmy scrip for 100 bearing interest at 6 per cent. per an- num, payable emi-annually at the pleasure of the Government. In the event of the death of any one of the p ersons mentioned in this section during ervice., or after 

his discharge, and before the issuing of a certificate or warrant, the warrant or scrip 

shall be i ned in favor of his family or r elatives; first, to the widow and his children; secondly, his father; thirdly, his mother; fo]lrlhly, his brothers and sisters. 

The amendment was agreed to. 

Mr. BARBER. I move to insert after the section just amended, as a new section, that which !'send to the Clerk's desk. 

The proposed new section was as follows: 

SEc. -. The persons enumerated in the preceding section, received into serv- ice after the commencement of the war with Mexico, for less than twelve months, 

and who served such term, or were honorably discharged, nre entitled to receive a. certipcate or warrant for forty acre , or scrip fo~ twen~-five dollars, if preferred, 

and m the event of the death of such person dunng serVIce, or after honorable dis- o~arge, pefore th~ 11th ?f February, 1847, ~e warrant or scrip sh!tll issue to the 

;;~~e c::Cfh~; gjri;~b.~ifru~~re be any, and if none, to the father, and if no father, 

The additional section was adopted. Mr. BARBER. I wish to propose an amendment to section 2427. 

The section was as follows: 

SEc. 2427. Where the militia, or volunteers, or State troo:ps of any State or Territory were called into service, whose services have been pa1d by the United States suosequent to the 18th day of June, 1812, the officers and soldiers thereof shall be 

entitled _to all t!Ie benefits of the preceding section, upon proof of length of service as therem reqUll'ed. 

Mr. BARBER. I move to amend by inserting after '' 1 12" the 

words "and prior to March 22, 1B52." 

Mr. WILLIAMS, of l'tlichigan. It occurs to me that the amendment as it now is refers simply to the time of paymt nt of troops paid 

prior to March 22, 1852; and I suppose it really should I'efer to the 

time when service was rendered, instead of the time of payment. · Mr. BARBER. It is intended to refer to service. 

:Mr. WILLIAMS, of :Michigan. The amendment in it present form 

refers to the time of payment. 

The SPEAKER pro ten~pore. The object will be accomplished by 

in erting after the words "State or Territory" the words "whose 

services have been paid by the United States." 

Mr. BARBER. That would be the proper pla-ce for the in ertion. 

Mr. WILLIAMS, of Michigan. The services might have been ren- dered long before; but payment has been made subsequent to June 

1 '1 12. 

l\Ir. POLAND. If the words "whose services have been paid by 

the United States" are inserted aftel' 'Territory," and the sru:ne words b~_..struck out in _th_e other place, it will make the section correspond 

w1.,h the law as 1t 1 . The law does not apply to service performed 

prior to 1812. I move to modify the amendment m that way. 

The ::unendment, as modified, was agreed to. 

. l\Ir. BARBER. I !fl-OVe further to ~end the ~arne section by strikmg out "the preceding," before "sectwn," andmserting"2426" after 

"section." 

The amendment was agreed to. 

Mr. BARBER. I move to amend section 2428, so that it will rea-d as follows: 

SEC. 2428. No person shall take any benefit under the provisions of section 2424 if he has received, or is entitled to receive, any military land bounty under ar.y act of Congress passed prior to the 22d day of March, 1852. 

The amendment wa agreed to. 

Mr. BARBER. I move to amend by striking out in lines 6 and 7 of 

section 2431, the words "but such benefit shall not inure to her he~·" o that the section will read as follows: ' 

SEc. 2431. In the event of the death of any person for whom provision is made 

by sections 2426 ~d 2~, and who ~d J?-Ot receive bounty land for his service , a like ~arrant shall ISsue m favor of his Widow, who shall be entitled to one hundred 

and sixty acres of land in case her husband was killed in battle· nor shall a ubsequcnt marriage im:tJair the right of any widow to such warran~ if she be a. widow at the time of making her application. 

The words which I propose to strike out were the verbiaO'e of one act; but subsequently it was provided that the benefits of the law 

should vest in the widow, and should go to her heirs inca e of her 

death. 

The amendment was agreed to. 

l\Ir. BARBER. I have an amendment to section 2434. 

The ection was as follows : 

EC. 2434. The following classes of persons are included as beneficiaries under 

section 243'2, without regard to the length of service rendered. provided they were regularly mustered into the service of the United States, na.~ely: First. Officers and soldiers who have been actually engaged in any battle in :tny 

of the wars in which this country has been engaged since 1790 and prior to Ma.rch 

3, 1855. 

Second. Those volunteers who served a.t the invasion of Plattsburgh, in Septem- ber, 1814. 

luB'~~~y ~a:,_vohmteeers who served a.t the battleof King's Mountain, in the revo. 
.. 

1874. CONGRESSIONAL RECORD. 1795 

Fourth. The volunteers who served at the battle of Nickoja.ck, against the con- federate savages of the South. . . Fifth. The volunteers who Berved at the attack on LeWISton, m Delaware, by 

the British :fieet, in the war of 1812. 

Mr. BARBER. I move to amend by striking out in the first paragraph of the section the words "provided they were regularly mus- tered into the service of the United States." 

The amendment was agreed to. Mr. BARBER. I move further to amend the same section by striking out in the first line of the second paragraph the words " officers 

and soldiers," and inserting in lien thereof "any of the classes of per- sons mentioned in section 2433." The reason for this amendment is 

that a subsequent statute provided that persons who were in the serv- ice of the United States, whether mustered or not, and paid by the 

United States, should be entitled to the benefits of the bounty-land 

law. 

The amendment was agreed to. 

Mr. BARBER. The next amendment I propose to offer is to section 

2438. 

The section was as follows: 

SEc . 2438. Where no rooord evidence of the service for which a warrant is claimed 

nnder section 2432 exists, parol evidence may be admitted to prove the service per- formed, nnder such regulations as the qommis.sioner of Pens10ns may prescribe. 

Mr. BARBER. I move to amend by striking out the words "under 

section 2432." 

The amendment was agreed to. ll!r.' BARBER. I move to amend section 2441 by striking out the 

words "passed by Congress prior to the 3d of March, 1855 ;" so that 

the section will read as follows: 

SEC. 2441. The provisions of all the bonnty-land laws shall be extended to Indi- ans in the same manner and to the same extent as to white persons. 

The amendment was agreed to. Mr. BARBER. I move to amend section 2439 by adding after the 

word "warrant" in the first line the words "or certificate;" so that 

the section will read as follows: 

SEC. 2t39. Where a warrant or certificate for bounty l and for any less quantity 

than one hundred and sixty acres has been issued to any officer or soldier, or to the widow or roi.nor child of any officer or soldier, the evidence upon which such war- rant was issued shall be rooeived to establish the service of such officer or soldier in the application of himself, or of his widow or roi.nor chilli, for a warrant for so much land as may be required to make up the full sum of onA hundred and sixty acres, to which he may be entitled under section 2432, on proof of the identity of 

such officer or soldier, or, in case of his dea.th, of the marriage and identity of his 

widow, or, in case of her death, of the identity of his minor child. But if, upon a review of such evidence, the Commissioner of Pensions is not satisfied that t.he 

former wt\rrant was properly granted, he may require additional e·ddence, as well 

of the term as of the fact of service. 

Under the law giving bounty land for services in the Mexican war, 

the words are "warr ant or certificate ;" and the propriety of the use of those two words was that the soldier had the option under the cer- tificate to go to the Treasury and have scrip for $100 issued to him in 

lieu of a land warrant. 

Mr. POLAND. The gentleman does not understand his amendment as I understand it. The words" certificate or!' are to be inserted, I 

think, before the word "warrant" in the sixth line, and before the same word in the thirteenth line, but not in the first line. 

Mr. BARBER. I understand that the word "certificate" applies to 

both. 

Mr. POLAND. No, sir; the object of the statute is this: that where a man has received a less quantity of land than one hundred and sixty acres he is entitled to have it made up to one hundred and sixty acres if he has maue his proof and received his warrant for less than that 

quantity, or has a certificate upon which be is entitled to have scrip 

inst.ead of land; but he has this right only in ca e he has a warrant 

for some land and wants to make up the quantity of one hundred and 

sixty acres. 

lli. BARBER. The provision of the Mexican war bounty-land 

law is this: If they were entitled by reason of length of service to a land warrant for one hundred and sixty acres they could obtain a certificate to that effect, and in lieu of the is ue of a land warrant 

could have scrip to the amount of 100 issued from the Treasury of 

the United States, drawing 6 per cent. interest, payable semi-a-:::.nually, 

the principal payable at the plea,gure of the Government. If they 

received forty acres -of land they were entitled to a certificate for 

twenty-five dollars. Now, if a soldier has applied and obtained a warrant for only forty acres, and has taken either scrip or a l ancl 

warrant for forty acres, he is entitled to make it up, if he has served 

the required period, to the amount of one hundred and sixty acres. I understand the necessity for the use of these two words applies as well to the subsequent lines as to the fir t line. It is to allow him to 

obtain, jf he served in the Mexican war, an additional certificate for 

seventy-five dollars, or an a-dditionn.lland warrant for one hundred and 

twenty acres. That is the way I understand it. 

Mr. WILLIAMS, of Michigan. I should like to ask the gentleman 

from Wisconsin whether those who served in the Mexican war did 

not receive a warrant for one hundred and sixty acres of land; and 

whether those who served in the wars prior to the war of 1 12 <lid not 

receive warrants for only forty acres. Was not the number of acres 

granted as bounty afterward increased ~ Does not this apply, then, to 

those who served prior to the Mexican war instead of those whoreceived land warrants for one hundred and sixty acres of land 'I 

M.r. BARBER. Soldiers who served in the war of 1812 received for 

that service, and it ''vas a short service, a full quarter-section of land. The Government located he land as early as 1823, because I had a ca e, I recollect, on the Committee on Private Land Claims, where a warrant was is1med, and at that time the Government, upon designa- tion by the soldier in what land district he desired it to be located, 

through the Land Office, located it for him. 

1,my of these soldiers I know obtained a full quarter-section warrant. The first law, passed in 1847, in reference to those who served 

in the Mexican war provided where they enlisted to serve twelve 

months and served nine they should be entitled to one hundred and 

sixty acres; and where they enlisted for a shorter period and served 

for a period of three months they should be entitled to forty acres. And in that law it was provided they could take their scrip to the 

Treasury or have land warrants located. Mr. MAYNARD. For '~~ 100. 

Mr. BARBER. Yes, sir; for $100. The language of that law was "certificate or warrant." The language was in the alternative form; 

and inasmuch as the section applied to service in the Mexican war or any other service, I thought it proper to use the two words. Therefore, I supposed it would be proper to insert it in the subsequent lines as well as in the first line, whereve:~; the word "warrant" occurs. Mr. POLAND. I willnotobjecttothegentlemanmakinghisamendment as he thinks it should be, although I do not understand it precisely as he does. This is his part of the work to examine, and he 

should understand it better than I do. If it turns out, however, he 

is wrong, it can be altered, a.nd if it turns out that I am wrong, it will 

not need alteration. Mr. LAWRENCE. What is the opinion of t he Land Office on this 

point' · 

~Ir. BARBER. I will state that I spent t he larger part of a day at 

the Laud Office with their best experts. They had examined it previously and suggested there was conflict and variance between the 

bounty-land law for those who served in the Mexican war and the 

various other bounty-land laws which had been passed. They indicated the amendments they would like to have made. The first revis- ers entirely ignored the law of 1847, and supposed the sub equent 

law covered the whole ground. But that was in the nature of a con- tract. It was a law promising compensation while t he service was going on, and the Government could not change it.. 

The amendment was agreed to. 

Mr. BARBER. I move in section 2439, in line 4, after the word 

''such," to insert "certificate or;" and in lines 8 and 9 to strike out 

the words "section 2432," and insert "the preceding sections;" so it 

will read: 

SEC. 2439. Where a wa.ITant for bounty ln.nd for any less quantity than one hundred and s!xtY acres has been issued to any officer or soldier, or to the widow or minor child of any officer or soldier, the evidence upon which certificate or warrant vas issued hall be received to establish the service of such officer or soldier in the 

application of himself, or of his widow or minor child, for a.warrantfor so much land as may be required to make np the full sum of one .hundred and sixty acres, to which he may be entitled under the preceding sections, on proof of the identity of 

such officer or soldier, or, in ca.se of his death, of the marriage and identity of his 

widow, or, in case of her death, of the identity of his minor child. But if, upon a review of such evidence, the Commissioner of P ensions is not satisfied that the for- mer warrant wa.s properly granted, he may require additional evidence, as well of 

the term as of the fa-ct of service. 

The amendment was agreed to. 

Mr. BARBER. These are all the amendments to this branch of the 

law that have been suggested at the Land Office; and t his finishes the 

portion of the work which was assigned to me. 

Mr. MAYNARD. I would inquire of the gentleman whether by 

amendments he meant amendments of existing law or merely amend- ments to supposed defects in the work of the commission. 

Mr. BARBER. These amendments merely introduce parts of va- rious laws that have been omitted by the revisers. -There is no ch ange 

of. the law. The amendments are merely amendments of the revision. 

Mr. MAYNARD. I failed to understand that from thestatementof 

the gentleman. Mr. LAWRENCE. The committee have recommended no change 

whatever in the existing law. 

Mr. MAYNARD. I suppose they did not intend to do it. But the 

remarks of the gentleman from Wisconsin might have left a different 

impression; and as our remm·ks here go upon record I thought it as well that he should have an opportunity of stating what t hey 

meant. l'llr. POLAND. The gentleman from Indiana [Mr. CASON] has some work prepared. But if we proceed to dispose of his work to-night we might not have a supply for to-morrow evening. I move, t herefore, t hat 

the House do now adjourn. 

The motion was agreed to; and (at nine o'clock and fifteen minutes 

p.m.) the House adjourned. 

PETITIONS, ET0. 

The following memorials, petitions, and other papers were presented at t he Clerk's desk under the rule, and 1·eferred as stated : 

By Mr. ARCHER: The petWon of Maria Louisa Craven, widow of 

the late Commander T. A. M. Craven, for increase of pension, to the 

Committee on Invalid Pensions. 

By Mr. CHAFFEE : The petition of citizens of Pueblo, in Colorado, 

that said city of Pueblo be allowed to purchase a portion of a. school 

section fo1· a public park, to t}le Co.m.m.ittee on the Public Lands. 
1796 CONGRESSIONAL RECORD. FEBRUARY 26, 

By Mr. CLAYTON: Resolutions of the Legislature of the State of ment, and maintenance of their railways; which was referred to the 

California., for the adoption of a treaty of reciprocity between the· Committee on Railroads. 

United States and Mexico, to the Committee OIL Foreign .Affairs. He also presented a memorial of the San Francisco Medical Society, 

Also, resolutions of the Legislature of the State of California, asking asking for an increa e of the efficiency of the Medical Department of 

congressional relief for A. B. Gilbert, to the Committee on the Public the United States Army; which was referred to the Committee on Lands. Military .Affairs. 

By Mr. HOLMAN: The petition of Antoinette J. Rus ell, for the He also presented a concurrent resolution of the Legislature of CalLpayment of the French spoliation claims, to the Committee on For- fornia, in -favor of the adoption of a treaty of reciprocity to promote eign .Affairs. . commercial intercourse between the people of the United States and 

By Mr. KASSON: The memorial of E. L. Kingsley and others, ask- Mexico; which was referred to the Committee on Foreign Relations. ing further legislation to bring into practical use in public Depart- He also pre ented a resolution of the Legislature of the State of 

ments the metric decimal system of weights and mea-sures, to the California, in favor of the reimbursement to A. B. Gilbert, or th 

Committee on Coinage, Weights, and Measures. restoration of the title therefor, of the value of eighty acres of la.nu 

By Mr. KELLOGG: The petition of Mary A. S. Loomis, widow of in what is known as the New Helvetia grant, or Sutter grant, claimetl 

the late Colonel Gustavus Loomis, for a, pension, to the Committee to have been pre- mpted by him, and of which he was dispo esseu on Invalid Pensions. by the Pacific Railroad Company; which was referred to the ComBy l\1r. LOWNDES: The petition of John Souder , for a ·pension, to mittee on Claims; 

the Committee ou Revolutionary Pensions and War of 1812. l\1r. CONKLING presented the petition of the members and congreBy Mr. LUTTRELL: Resolutions of the Legislature of the State gation of the Market street Presbyterian church, of the city of New 

of California, for the adoption of a treaty of reciprocity between the York1 signed by Rev. Edward Hopper, pa-stor, and other officer , United States and Mexico, to the Committee on Foreign Affairs. praymg for the appointment of a commission of inquiry concerning 

Also, resolutions of the Legislature of the State of California, ask- the alcoholic liquor traffic, its relations to pauperism, crime, the pnbing congressional relief for A. B. Gilbert, to the Committee on the lie health, and general welfare; which was ordered to lie on the table. -Public Lands. Mr. SUMNER presented the petition of the Father Mathew TernBy Mr. NESMITH: Several petitions of citizens of the State of perance Society No.2, of the city of Brooklyn, New York, signed by 

Oregon and of the Territories of Washington, Idaho, and Montana, the officers, John Gilson, president, and Patrick Bennett, secretary, 

for the construction of suitable canals around the Cascades and the praying for the appointment of a commission of inquiry concerning 

Dalles of the Columbia River, to facilitate commerce, to _the Commit- the aleoholic liquor traffic, its relations to pauperism, crime, the pubtee on Commerce. lie health, and general welfare; which was ordered to lie on the table. 

Also, the petition of the heirs of the late Colonel John Cradle- l\Ir. FENTON pre ented the petition of the Crystal Fount Division 

baugh, for relief, to the Committee on Invalid Pensions. No. 20, of the Sons of Temperance, of. the city of Brooklyn, New York, . By Mr. O'BRIEN : The petition of Mary Ann Roche, widow of numbering 136 members, and 275 lady visitors, signed by the officers, 

James Roche, a soldier of the war of 1812, for a pension, to the Com- . praying for the appointment of a commission of inquiry concerning 

mittee on Revolutionary Pensions and War of 1812. the al coholic liquor traffic, its relations to pauperism, crime, the pubBy l\1r. SCOFIELD : An additional paper, relatin~ to the applica.- lie health , and general welfare; which was ordered to lie on the table. 

tion of Mary W. Shirk for a pension, to the Committee on Invalid Mr. PRATT presented the memorial of 0 ceola C. Green, adminisPensions. trator de boniit non and one of the heirs of Uriah Forre t, decea ed, 

By l\1r. SMITH, of Ohio: The petition of certain citizens of the who was a major in theMarylandLine, praying Congress to ~ant, for 

third congres ional district of Ohio, for the establishment of a court the benefit of his heirs, the half-pay due him under the resolution of 

of international arbitration, to the Committee on Foreign .Affairs. Congre s of October 21, 1780, and the five years' full-pay provided for 

By Mr. WHITE: A paper to establish a post-route in Shelby and by the law of March 2Q, 1783, for services rendered in the revolutionSaint Clair Counties, Alabru:na, to the Committee on the Post-Office ary war a major and lieutenant-colonel; which was referred to . the 

and Po t-Roa-ds. · Committee on Revolutionary Claims. 

By Mr. YOUNG, of Georgia: The petition of James Atkins, late col- lli. CLAYTON presented additional papers in the case of William 

lector of internal revenue for the fourth district of Georgia, for relief, Bowlin, praying compensation for services rendered as captain of 

to the Committee on Claims. Company L, Second Arkansaa Cavalry, from October 10, 1863, to March 

8, 1864; which were referred to the Committee on Military .Affairs. 

IN SENATE. 

TlluRSDAY, February 26,1874. 

Prayer by Rev. E. D. OWEN, of Washington, D. C. 

The Journal of yesterday's proceedings wn.s read and approved. 

PETITIO~S AND MEMORIALS. 

Mr. CAMERON presented a petition of citizens of Pennsylvania, 

praying for the repeal of the second section of the oot of June 6, 1872, 

reducing the duties on manufactured cottons, woolens, ·iron, steel, -leather, glass, &c.; which wa referred to the Committee on Finance. 

Mr. FRELINGHUYSEN presen~d the petition of J. K. Etheridge 

and other citizens of North Carolina, praying for the appointment of a commission of inquiJ:y coucerning the alcoholic liquor traffic, its 

relations to pauperism, crime, the public health, and general welfare; 

which was ordered to lie on the table. 

Mr. SARGENT presented the petition of the members and conQTegation of the North Reformed church, of Clermont A venue, Brooklyn, New York, signed by the pastor, Rev. A. K. Thompson, and other 

officers, praying for the appointment of a commission of inquiry con- cerning the alcoholic liquor traffic, its relations to pauperism, crime, 

the public health, and general welfare; which was ordered to lie on the table. 

l\1r. SCHURZ presented a petition of tobacco manufacturers and 

dealers of Missouri, prayi.Iig for the abolition of the import duty on mass or stick licorice; which wa referred totheCommitteeonFinance. 

Mr. THURMAN present~d the petition of George J a,neway, and other 

citizens, of Perry County, Ohio, prayin~ for the appointment of a com- mission of inquiry concerning the alcoholic liquor traffic, it relations 

to pauperism, crime, the public health, and general welfare; which was ordered to lie on the table. 

Mr. HAGER presented a concurrent resolution of the Legi lature 

of California, in favor of the pa sage of n. resolution now before Congress, inquiring into the unlawful diversion from the legitimate object 

of certain subsidies and donation from the United States, th St.ate of California, and certain counties and municipalities in that State 

a]ld the State of Nevada and the Territory of Utah, to the Central 

Paoific, the Western Pacific, and the California and Oregon Railway 

Companies, for the purpose of aiding them in the construction, equipHe also pre ented additional paper in the case of Alvis Smith, praying compensation as second lieutenant of Company L, Second Ark- ansas Cavalry, from October 10, 1863, to March 8, 1864; which were referred to the Uommittee on Military Affairs. 

Mr. SPENCER presented the petition of William H. Demp y, Sl.lrvivin~ partner of the firm of Dempsey & O'Toole, tationers, of 

Washington, District of Columbia, asking to be compensated for 

damage incurred by the breaking of a contraot between that firm and 

the Patent Office, in 1868, for furnishing bond paper to that office; 

which was referred to the Committee on Claims. 

PAPERS WITHDRAWN AND REFERRED. 

Mr. HAMILTON, of Maryland. I a k for an order for the withdrawal of the papers of George Herring from the files of the Senate. There has been an adverse report in this ca e. The PRESIDENT ptro tmnpo're. Copies will be retained by the Secretary, and the originals delivered. 

On motion of :Mr. JOHNSTON, it was 

m?~a;{:Zru'!:~~hreeF~:J~a~e ~J't!~~~~:c\~i!~chard M. H~rvey be taken 

REPORTS OF COMMITTEES. 

Mr. OGLE BY, from the Committee on Indian Affairs, to whom was referred the bill (S. No. 154) to amend the act entitled "An act for 

the relief of certain tribe of Indians in the northern superintendency," approved June 10, 1872, reported it with amendments. 

He also, from the Committee on Pensions, to whom was referred 

the petition of Eugene Smith, praying for a pension, submitted a report, accompanied by a bill(S. No. 539) granting a pension to Eugeno 

Smith, of Company F, First Nebraska Veteran Volunteers. 

The bill wa-s read and pa sed to a second reading, and the report was ordered to be printed. 

lli. OGLESBY also, from the Committee on Pensions, towliom wa referred the petition of Richard A. Connor, late of Company I, Sixth 

Regiment Indiana Volunteers, praying for a. pension, submitted an adverse report; which wa.s ordered to be printed, and the committ e 

was discharged from the further con ideration of the petition. 

He also, from the same committee, to whom was referred the peti 

tion of sundry citizens of Vermont, praying for a pension- to Famiy 

Newcomb widow of Irenus Newcomb, late of Company H, Sixth 

Regiment Vermont Volunteers, submitted a report, accompanied by ai 

bill (S. No. 540) granting a pension to Fanny Newcomb, widow of' 

lrenns Newcomb, late of Company H, Sixth Regiment Vermont Vol· unteers.