1876. CONGRESSIONAL RECORD-HOUSE. 367 

the Senate in regard to this preamble. I care not.hing about it particularly. The resolution of inquiry has been adopte.rl; the investi- ~at ion will be made; the report of the committee will come before 

us, and then we can make up onr judgments. If it is agreeable to the s~nate, ns it is pretty evident th~t we shall have no quorum. if the 

yeas and nays.are called, I will consent to take either the preamble 

snggested by the honora.ble Senator from Delaware, or to lay tlll the 

preambles on the table. 

Mr. SHERMAN. Let both be read. I should like to hear them. 

The PH.ESlDENT p1'o tempore. The Secretary will report the preamblf of the committee and that of the Senator from Delaware. 

T!Je CHIEF CLERK. The preamble as reported by the Committee on Privileges a.nd Elections i.s in the following words: 

Whereas it is alleged that at the late election for election of President and VicePrl'sident for tbe Stat.e of Oregon the j>eople of said State, by a majority of over one thousand votes, eJected W. H. Odell, John C. Cartwright, and J. W. Watts; 

Anrl w boreas it i::1 also alleged that the governor of said-State did subsequently, 

in nolation of law and in detiance of the expressed will of the people, issue a cer- t1ficate of election to one E . A. Cr-onin instead of to said J. W. Watts; 

And whereas it is also alleged that said E. A. Cronin did. in violation of law, upon some pretext. a::ISume to select for his rollPagnes one J. N. T. Miller and John Parker in lieu of said W. H. Quell and John C. Cartwright; .And wh•·rcas it is further alloged that said Cronin, Miller, and Parker have as- sumed to cast the Yoto of Oregon for President and Vice-President, and to certify the same to the President of ~be Senate: Therefore. 

The preamble, if amended as proposed by Senator BAYARD, will 

read: 

Whereas it is alleged that the governor of the State of Oregon has issued a cer· titicate of election to one E. A. Cronin as one of the electors of saicl State instead 

of issuing such. certificate to one J. W. Watts, alle,nng that the said Watts was ineligible to the said office of elector on November7, 1876, the time of said election: 

Therefore. · 

Mr. MITCHELL. If it is in order and will not affect the resolution as passed. I move to lay the preamble on the table. 

Mr. SHERMAN. Let the resolution be read. I do not think it 

wonlcl rE>ad well without some preamble. 

The Chief Clerk read the resolution, as follows: 

Be it resolved, That the Committee on Privileges and Elections is hereby in· 

structed to inquire into the eligibility of said J: W,. Watts, and investi.O'ate the 

facts attending the appointment of said electors and pretended electors and report 

the same to the Senate; ancl for this purpose may employ a stenographer, send for 

persons and papers, administer oaths, and examine witnesses. 

Mr. SHERMAN. The word "said" shonld be stricken out. My 

impression is that the preamble of the Senator from Delaware would 

probably avoid the necessity of changing the resolution; but by 

striking out two or three words in the resolution it would read as well without a preamble. 

Mr. MITCHELL. I make no objection to the preamble of the Senator from Delaware and withdraw my motion to lay on the table. 

The PRESIDENT p1·o ternpo1·e. The question is on the amendment 

froposed by the Senator from Delaware to the preamble. 

The amendment was agreed to. 

The PRESIDENT pro tentpore. The question is on the preamble as amended. 

The preamble, as amended, was agreed to. 

.MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. GEORGE M. 

ADAMS, it':'! Clerk, announced that the House disagreed to the amendments of the Senate to t.he bill (H. R. No.1984) to provide for t.he sale 

of certain lands in Kansas, asked a conference with the Senate 011 the 

disagreeing votes of the two Houses thereon, and had appointed Mr. 

ALFRJ<:D M. SCALES of North Carolina, Mr. CHARLES H. MORGAN of 

Missouri, and Mr. JuLius H. SEELYE of Massachusetts, managers at 

the conference on its part. 

The message also announced that the House had passed the following bill and joint resolution; in w:hich it requested the concurrence of the Senate : A bill (H. R. No. 4272) authorizing the use of certain funds now in 

the Treasury belonging to the Osage Indiana; and 

A joint resolution (H. R. No. 169) authorizing the Secretary of War 

to supply blankets to the Re~orm School in the District of Columbia. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the P1·eside11t p1·o tempore : A bill (H. R. No. 97) directing the Commissioner of the General 

Land Office to issue certificate of relocation for six hundred and forty acres of land in the Territory of Missouri to legal representatives of 

Samuel Ware; . 

A bill (H. R. No. 1026) for the relief of Thomas Van Duzen and his 

assigns for lands; 

A bill (H. R. No. 3504) for the relief of Thomas Day; and 

A bill (H. R. No. 4124) to provide for the expenses of certain special' 

committees of the House of Representatives and of the Committee on Privileges and Elections of the Senate. 

LANDS IN CHEROKEE STRIP. 

The PRESIDENT pro tempore ]aid before the Senate the action of 

the House of Representatives on the amendments of the Senate to 

the bill (H. R. No. 1984) to provide for the sale of certain lands in 

l(ansas. . 

Mr. INGALLS. I move that the Senate insist upon its amendments 

disagreed to by the Honse of Representatives to that bill, and agree 

to the conference asked by the House. · Mr. CLAYTON. What, lanrls are tlwse T 

Mr. INGALLS. The Cherokees' st.rip. 

Tho PRESIDENT p1·o tem,pore. The question is on the motion of 

the Senator from Kansas. 

The motion was agreed to. 

The PRESIDENT pro ternpo1·e being by unanimous consent authorized to appoint the committee of conference on the part of the Senate, 

Mr. ALLISON, Mr. PADDOCK, and Mr. BOGY were appointed. 

ADJOU.R..~::\IE.NT . 

Mr. EDMUNDS. I move that the Senate proceed to the consideration of executive business. 

Mr. ALLiSON. I ask to have taken from the Secretary's desk the 

bill (H. R. No. 4272) authorizing the use of certain funds now in the 

Treasury belonging to the Osage Indians. 

Mr. EDMUNDS. Let the question be put on my motion. The question being pnt, there were on a division-ayes 19, noes 8; no quorum vo'ing. 

Mr. CONKLING. Let us have the yeaB and nays. 

The yeas and nays were ordered. 

Mr. ALLISON. I ask the Senator from Vermont to waive his motion 

for an executive session until the bill is read that I desire to have 

taken up. 

The PRESIDENT p1·o tempore. Debate is not in order. 

Mr. EDMUNDS. I know debate is not in order; but I ask unani- mous consent to say a single word. I do not know anything about 

the bill, and hav~ not the s!ightest objection to it that I know of, and 

proba.bly should not have if I heard it rearl; but feeliug that tllere was probablynoqnorum here from the appare11tthinnessof the Chamberfor as soon as the Oregon business was rlisposed of the Chamber seemed 

suddenly to grow thin-! have made the motion, in order to a certaiu 

whethec there is a quorum. If there is a quorum here, mostcertaiuly 

I will consent that the doors be opened or my motion be votecl down. 

The Senator doe8 not want to pass the bill without a. quorum, I am sure, any more than I do. 

The yeas and nays were taken, with the following result: 

YEAS-Messrs: Bayard, Boutwell, Bnrl)side, Chaffee, Cockrell, Cragin, Da.we-a, 

Dorsey, Eaton, Edmunds, Golclthwaite, Gqrdon, Hamilton. Johnston, Kernan~ 

Key, Logan, McCreery, Maxey, Morrill, Norwood, Price, Spencer, Witbe1-s, ana Wri~ht-25. 

NAYS-Messrs. Allison, Bo;ry, Booth, Clayton. Conkling, Conover, Ferry, In· 

galls, Mitchell, Morton. Paddock, and Sherman-12. . ABSENT-Messrs. Alcorn, Antbony,.lla.rnum, Blaine, Bruce, Cameron of Pennsylvania, Camor·on of Wisconsin, Cbrllitiaucy, Cooper, Davis, Donn is. l!'rt~linghuysen. Hamlin, Harvey, Hitchcock, Rowe, Jones of Florida, Jones of Nevacla, Kelly, McDonalrl, McMillan, Me1-rimon, Ogleo~by, Patterson, Randolph, Ransom, Robert- son, Sargent, Saulsbnry, Sharon, Stevenson, Teller, Thurman, Wadleigh, Wallace, 

West, Whyte, and Windorn-38. 

The PRESIDENT p1'o tcm.pm·e. On agreeing to the m8tion of the 

Senator from Vermont·, the yeas are 25 aud t he nays 12; no quorum 

voting. 

Mr. CONKLING. I think it is hardly worth while to attempt to 

get a quorum for this one day at this hour. Therefore I move that 

the Senate do now adjonrn. 

The motion wa.s agreed to. 

The PRESIDENT pro tempore. The Senate stands adjourned until 

Tuesday next at twelve o'clock. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, December 22, 1876. 

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

I. L. TOWNSEND. 

The Journal of yesterday was read and approved. 

COMPENSATION OF UNITED STATES 1\IARSHALS. 

Mr. DURHAM, by unanimous consent, from the Committee on Expenditures in the Department of Justice, reported back, with amendments, the bill (H. R. No. 3775) fixing the compensation of United 

States marshals and deputies; and the bill, with accompanying amendments, was ordered to be printerl and recommitted. 

FEES OF CLERKS OF UNITED STATES COURTS. 

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

amendments, the bill (H. R. No. 3776) fixing the fees of clerks of the 

United States district and circuit courts; and the bill, with accompanying amendments, wa-s ordered to be printed and recommitted. 

MORNING HOUR. 

The SPEAKER. -The morning hour will now begin at seventeen 

minutes past twelve o'clock. This being Friday, the first business 

during the morning hour is the call of committees for reports of a. private nature. The call rests with the Committee on the Judiciary. 

· A. C. MYERS. 

Mr. HUNTON, from the Committee on the Judiciary, reported back 

the bill (H. R. No. 4273) to remove the political disabilities of A. C. 

Myers, of Maryland; which was read a first and secoud time. 
I· 

368 / CONGRESSIONAL RECORD-HOUSE. DECEMBER 22, 

Mr. WILSON, of Iowa. Is there a petition accompanying the bill f 

Mr. HUNTON. It is accompanied by the usual request. 

The bill was ordered to lJe engrossed and read a thirrl time; and it was accordingly read the third time, and passed, two-thirds voting in 

favor tht>reof. 

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

taule. • 1 ' 

The latter motion was agreed to. 

MRS. EDITH F, ROSS. 

Mr. STO:NE, from the Commit.tee on ExpenditureR in the Po t-Office 

Department, reported back t.be bill (H. R. No. 4215) for the relief of 

Mrs. Edith F. Ross, and moved that the same be referretl to the Committee ou the Post-Office and Post Roads. 

Tho motion was agreed to; and the motion to reconsider the ref- erence was laid on the table. 

WILLIAM R. WILMER. 

Mr. THOMAS, from .the Committee of Ways and Means, reported 

GEORGE s. HAWKINS. back, with amendment, a bill (H. R. No. 3698) for the relief of William 

Mr. HUNTON, from the same committee, reported back, with a fa- R. Wilmer, late collector of int.ernal revenue for the fifth district of 

vorable recommendation, the bill (R. R. No.1617) to remove the polit- .Maryland; which was referred to the Committee of t,he Whole on the 

ticnl disabilities of GeorgeS. Hawkins, of Florida. Private Calender, and the accompanying report ordered to be printed. 

Mr. WILSON, of Iowa. Is this bill also accompanied by a petition f JOHN N. REED. 

Mr. HUNTON. It is. 

'l'he bill was ordered to be engrossed and read a thh·d time; and Mr. PRATT. from the Committee of Claims, reported a bill (H. R. 

it was accordingly read the third time, and passed, two-thirds voting No. 4274) for the relief of John N. ~eed; which was read a first. a.nd 

in favor thereof. second time, refe:red to the Comm1~tee of the Whole on the P1~1vate 

Mr. HUNTON moved to reconsider the vote by which the bill was · Calender, and, w1th the accompanymg report, ordered to be prmted. 

passed; and also moved that the motion to reconsider be laid on the DA.l."''TEL STICKNEY. 

~able. Mr. PRATT also, from the sam·e committee, reported back, with a The latter motion was agreed to. recommendation that it pass, the !Jill (S. No. 44G) for the relief of 

H. B. WHITEFIELD AND D. w. STEAR~S. Daniel St.ickney, of Pre que Isle, Maine; which was referred to the 

Committee of the Whole on the Private Calendar. Mr. LYNDE, from the Committee on the Judiciary, reported back, 

with sundry amendments, the bill (H. R. No. 3991) for the relief of 

Henry B. Whitefield and De Witt Stearns, for services rendered a~ acting district attoroeys for the United States district court for the north- em district of Mississippi; and the bill, with accompanying amendments, together with tho report, was ordered to be printed, andreferred to the Committee of the Whole on the Private Calendar. 

NANNIE HALL. 

Mr. McCRARY, from the Committee on the J ndiciary, reporte.d back, 

witb a favorable recommendation, the bi11 (H. R. No. 3077) referring 

to the Court of Claims the claim of Nannie Hall, formerly widow of 

the late Lieutenant Denman, of the United States Army, for cotton sei~d and the proceeds paid into the United States Treasury; which was ref8rretl to the Committee of the Whole on the Private Calendar, 

and the accompanying report ordered to be printed. 

LOCATION OF LAND SCRIP. 

Mr. LEVY, by unanimous consent, from the Committee on Private 

Land Claims, reported back with amendments the bill (H. R. No. 829) 

defining the manner in which cm·tain land scrip may be located; and 

the bill, with amendments, together with the accompanying report, was ortleretl t,o be referred to the Committee of the Whole on the state 

of the Union, and printed. 

JULIUS S. BOHRER. 

Mr. WHITTHORNE, from the CommitteeonNaval.A.ffairs,reported 

back adversely the following; which were laid on the table, and the 

accompanying report ordered to be printed: 

A !Jill (H. R. No.1112) for the relief of Julius S. Bohrer, late master 

in the United States Navy; 

A. bill (H. R. No. 3778) for the relief of Julius S. Bohrer, United 

States Navy; and . The petition of J~ius S. Bohrer, asking to be restored to the rank ,and privileges of master in the United States Navy. 

FREDERICK G. MOORE. 

Mr. FAULKNER, from the Committee on Foreign Affairs, reported 

adversely upon the :(ellowing; which was laid on the table, and the 

accompanying report ordered to be print.ed: - The petition of Frederick George Moore of Boston, Massachusetts, 

for permission to receive a medal from the Italian government for 

services rendered during the siege of Capua during the war of 1860. 

RIGHTS OF CITIZENS ABROAD. 

Mr. F A.ULKNER. Among the special orders is a bill reported from 

the Committee on Foreign Affairs (H. R. No. 2245) to carry into exe- cution the provisions of the fourteenth amendment to the Constitution conceruing citizenship, aud to de~ne certain rights of citizens of 

the United States in foreign countries, aml certain duties of diplomatic and consular officers, and for other purpo es. I ask unanimous 

con ent that that bill be recommitted to the Committee on Foreign 

Affairs. 

Mr. HALE. Not to be brought back by a motion to reconsider. 

The SPEAKER. That will be understood. 

There was no objection, and it was ordered accordingly. 

MARCUS RADICH. 

• Mr. WILLIAl\fS, of Wisconsin. During the last session of Congress a joint TeRolution was reported from the Committee on Foreign Affairs 

(H. R. No. 130) referring the claim of .Marcus Radich to the Court of 

Claims. The bill was referred to the Committee of the Whole and 

placed on the Private Calendar, but inadvertently the report accom- panying the bill has never been printed. I now ask that the report 

be ordered 1 o be printed. 

There was no objection, and it was so ordered. 

WIDOW OF LATE SPEAKER KERR. 

1\Ir. GARFIELD. I ask unanimous consent to offer the follmying 

resolution: 

Resolved, That the Committee on A~propriations are hereby authorized and directefl to report, as a. part of the defictency bill or some other appropriation bill, a provision to pay to the widow of Michael C. Kerr, late Speaker of this Hou11o, a snm equal to the pay and mileage of the Speaker from the date of tile late Speaker's 

death to the end of the present Congress; and said provision shall be in order. 

Mr. HOLMAN. I trust that this resolution will simply be referred 

to the committee. ~ 

Mr. GARFIELD. Mr. Speaker, I hope the gentleman will allow the 

House to adopt this resolution at once. Before any action is taken, 

I wish to say that as this is the first instance of a Speaker dying while 

in office, we have no precedent, I believe, for any action of this sort. 

But. I understand that in the Senate in a 'case where the Vice-President has died, a similar provision has been rua.de. I do not care, bowever, whether there be any precedent drawn from the action of the 

Senate or not; every gentleman on this side of the House and on the 

other (for this certainly cannot be a matter about which we shall rai e any que tion other than the merit of the proposition) will, I hope, t;mderstand, without the necessity of saying a word, the veq great. propriety of adopting the measure here propo ed; and I hope that this 

resolution, wbich makes the duty of the committee plain and makes 

the proposition in order, will lJe agreed to without dissent. 

Mr. HOLMAN. My suggestion that the resolution be referred to the 

Committee on Appropriations was made simply with the view to the 

consideration of the subject and the precedents. The proposition is 

perhaps all right, though the suggestion has not been made before. 

Of conrse I have no objection. 

The SPEAKER. The Chair hears no objection; the resolution is 

before the House. 

The resolution was adopted unanimously. · 

ORDER OF BUSINESS. 

Mr. BRIGHT. r move that the House resolve itself into Committee of the ·whole on the Private Calentlar, this being ''objection day." 

The motion was agreed to. 

The Hou e accordingly resolved itself into Committee of. the 

Whole (Mr. WILSO~, of Iow·a, in the chair) and proceeded to the con- sideration of business on the Private Calendar. 

MRS. Al\IRLIA A. H. RICHARDS. 

The first business on the Private Ca;lendar waa the bill (H. R. No. 

3507) for the relief of MrS. Amelia A.. H. Richards, administratrix of 

Felix Richards, deceased, late of Fairfax County, Virginia. 

Mr. HOLMAN. I think that this bill ought to be discussed. I object to it. 

Mr. HOAR. Mr. Chairman, I desire to iu.qnire whether the first bill 

in order is not the one at the beginning of the Calendar f 

The CHAIRMAN. We begin where we left oft' on the last" objection day " last se ion. 

Mr. WHITE. Should not the bills heretofore objected to be first 

taken upf 

The CHAIRMAN. No, sir; they will not be considered till we get 

through the Calendar. 

.ANDREW JACKSON. 

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

3292) providing for a pension to be paid to Andrew Jackson, (colored,) 

of Pittsburgh, Pennsylvania. 

The bill directs the Commissioner of Pensions to place upon the 

pension-rolls the name of Andrew Jackson, (colored,) of Pitt burgh, 

Pennsylvania, ancl to pay him, said Jackson, at the rate of--

dollars per month from and after the pa. sage of the act, on account 

of f:1ithfal services performed with the First Pennsylvania Regiment 

during the Mexican war, and equally faithful and efficient services in 
1876. CONGRESSIONAL RECORD-HOUSE. 369 

the late war, and in attendance upon and care of prisoners at Libby 

Prison while he also was a prisoner; and in consideration of the fact 

that Jackson is disabled by disease contracted in the Army. 

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

the House with a recommendation that it pass. 

MRS. JULIA H. TOTI'EN. 

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

3415) for the relief of Mrs. Julia H. Totten, widow of James Totten, 

late lieutenant-colonel and assistant inspector-general United States 

Army. 

The bill directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, 

the name of Mrs. Julia H. Totten, widow of James Totten, late lieutenant-colonel and assistant inspector-general United States Army, and 

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

act. 

An amendment reported by the Committee on Invalid Pensions to 

strike out "$50 per month" and to insert "$30 per month" was agreed to. 

1'here being no objection, the bill, as amended, was ordered to be laid 

aside, to be reported to the House with a recommendation that it pass. 

LEGAL REPRESENTATIVES OF R. H. MURRELL. 

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

3509) for the relief of the legal representatives of R. H. :Murrell, deceased, late commissary of the Tenth Tennessee Cavalry. 

The bill directs the Secretary of the Treasury to pay to the legal 

representatives of R. H. :Murrell, deceased, late of the Tenth Tennes- see Cavalry, (afterward consolidated with the Eighth Tennessee Cavalry,) out of any money in the Treasury not otherwise appropriated, 

the pay and allowances of first lieutenant and regimental commissary 

of subsistence from the 15th day of September, 1863, until the 26th 

day of December, 18631 the latter being date of the death of Murrell 

at Camp Nelson, Kentucky. 

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

the House with a recommendation that it pass. 

CYNTHIA H. ABBOTT. 

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

3510) granting a pension to Cynthia H. Abbott. 

The bill directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, 

the name of Cynthia H. Abbott, mother of Augustus P. Abbott, formerly a seaman in the United States service, to date from ltis death. 

Mr. SMITH, of Pennsylvania. I call for the reading of the report. 

The report was read. 

Mr. RUSK. Is there an amendment to that bill f 

The CHAIRMAN. There is not. 

Mr. RUSK. Then I shall have to object to the bill. 

THOMAS G. KINGSLEY. 

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

3511) granting a pension to ThomaB G. Kingsley. 

The bill directs the Secretary of the Interior to grant an increa.se 

of pension to Thomas G. Kingsley, formerly colonel of the Twentysixth Connecticut Volunteers, equal to the special rate provided for 

the. loss of both eyes, or both feet or hands. 

Mr. REAGAN. I call for the reading of the report. 

The report was read, as follows : 

It appears from the evidence that the petitioner was formerly colonel of the 

Twenty-sixth Regiment Connecticut Volunteers, and at the attack at Port Hudson, 

during the late war, he was shot in the head. The Commissioner of Pensions 

graded the petitioner at total disability, and allowed him 30 per month, the highest sum he could award him under existing laws. 

The petitioner claims, however, that his pension is inadequate, and out of pro- portion to the injuries from which he is suffering, and when his condition is con- sidered, there seems to be some show of jnstice in his claim ; if this is conceded, 

then Congress alone must give relief, as the Commissioner of Pensions has done 

all in his power under the laws to give the petitioner an adequate rate of pension. 

The condition of the petitioner may be briefly stated as follows, and the nature of his disability: 

The bullet entered his head just below the left eye, and came out about one inch 

from the center of his right ear, shathering in its course a large portion of the up- per jaw, and taking off the front part o£ the roo£ o£ the mouth ; it also cracked the 

right cheek-bone to the right eye, tore a hole through the right nostril, and destro~ed 

all of the teeth in the lower jaw. When he wants to driilk he has to hold up his 

head and let the liquid run down his throat, otherwise it would go into the nostriL 

As may be ima¢-nad, he cannot chew nor masticate his food, ana is compelled to eat only soft food, and is almost constantly under medical treatment as a result. The 

petitioner also alleges that, previous to entering the United States service, he was a teacher by profession, and that he is debarred from obtaining a livelihood by his 

profession because of his inability to articulate correctly. 

By an act approved June 18, 187-t, which was an amendment to the pension laws, a special grade of disability was established, whereby persons who require the personal attendance of another, being helpless by reason of losing the sight of both 

eyes, or the use of both hands or feet, were allowed the sum of $50 per month. 

While the disability of the petitioner does not come strictly within the char:acter 

of the grade specially mentioned and could not be construed so by the Commissioner 

of Pensions, they are nevertheless, in some respects, full as severe. He does not require the same amount of personal assistance, but he suffers more in consequence 

of not being able to partake of food and drink the same as tWy. Although they 

may have lost their limbs, having good food and digestive organs, they may maintain health; but this is denied the petitioner. Wben the whole case of the petitioner is considered, the exceptional chara(lter of 

his injuries and the eftect of the same as described above, your committee respect;. fully report the accompanying bill, and recommend its passage. 

There being no objection, the bill wa.slaid aside, to be reported to 

the House with a recommendation that it pass. 

V-24 

CATHARINE FERRY. 

The next business on the Private C~lendar waB the bill (H. R. No. 

703) granting a pension to Catharine Ferry. 

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

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

limitations of the pension laws, the name of Catharine Ferry, mother 

of Sylvester Ferry, late a corporal in Company I, One hundred and 

forty-sixth Regiment New York Volunteers. · The report was read, as follows : 

That Catharine Ferry is the mother of Sylvester Ferry, deceased, formerly a corporal in Company H, Fifth New York Volunteers; that he was her only sur- viving son, and was unmarried at the time of his death, and had always remained 

single; she was also dependent upon him for support. On May 5, 1864, at the battle of the Wilderness, Ferry was captured and sent to Florence, South Carolina, a prisoner, where he remained until paroled, at Charleston, December 16,1864. When 

paroled he was suffering frpm frozen feet, and was, in consequence., admitted to hospital at Annapolis, Maryland, to be treated for the same. He was discharged from service .June 22, 1865, and was subsequently treat-ed for gangrene of the feet, 

caused by their having been frozen. This is clearly proven. He subsequently died, November 13, 1867, of consumption, as proved by evidence of Dr. H. H. Gregory, who says the disease was undoubtedly caused by privations and exposure in 

southern prisons. The mother claims that death was caused by gangrene of the 

feet, caused by the exposure and privation. All the evidence goes to show that 

the primary cause of his death was the same, namely, exposure and privation while a prisoner, and in this opinion the Commissioner of Pensions concurs. The Commissioner, notwithstanding his opinion, called for further proof concerning Ferry's 

celibacy, his medical treatment from discharge to date of death, and the depend- ence of the mother upon the support of her son, which was .not complied With to his full satisfaction within the limited time. 

The evidence in the possession of your committee seems to fully establish the 

claim made, and there seems no doubt that the claim for pension is a. ju t one. The 

committee therefore make a favorable report on the bill and recommend its pas· 

sage. 

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

the House with the recommendation that it pass. 

MRS. AMANDA· RAINS. 

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

2218) for the relief of Mrs. Amanda Rains. 

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

Treasury to pay to 1\frs. Amanda Rains, widow of Dr. Jonathan Rains, 

deceased, the sum of $120, in full compensation and s~tisfaction of 

the claim for the services of said Jonathan Rains as a-cting assistant 

surgeon of the Army at Marshall, Illinbis. 

The report was read, as follows: , 

That Company G, of the Forty-second Wisconsin Volunteer Soldiers, of the late 

civil war, were on detached duty at Marshall, in the State of Dlinois, in the latter 

part of the year 1864. Considerable sickness prevailed among said soldiers, and on the 31st day of October, 1864, one F. Wallace, deputy provost-marshal, who had 

command of said post at Marshall, entered into a written contract with Dr. J. Rains, 

late husband of the claimant, by the terms of which said Dr. Rains was required to give his professional attention and services to the sick soldiers aforesaid, at the 

price of $40 per month, and to furnish all needful medicines at am additional sum of 50 per cent. of the price a!ITOOd upon for his professional services. 

The t-estimony of five d.iiferent witnesses clearly establishes the rendition of 

almost constant attention of Dr. Rains to said soldiers; that many of them were sick, and one had a broken leg'; that they needed medical attention. The account, as made out under the contract, was duly certified to by the captain (A. I. Porter) 

who commanded the company, certifying the account to be just and correct. The account, as itemized, shows daily visits to from two to eleven sick soldiers 

during the time charged for, to wit, two months. 

The proper accounting officer for this character of claims refused to approve and 

certify the same for payment, simply because the contract was not made by a district 

provost-marshal, instead of a deputy. The necessity for the services rendered, and 

that they were rendered as charged, is nowhere denied. The objection resting alone upon technical grounds, your conimittee are unable to see the justice, while 

it may be quite comformable to military law, in refusing a just compensation for 

the services rendered and medicines furnished under the contract. Soldiers who 

have volunteered their services in the defense of their country, who are suffering from the maladies of camp life and broken limbs, should not be required to wait for 

relief until all superfluous formalities may be gone through with. Your committee 

therefore recommend the passage of the accompanying bill. 

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

the House with the recommendation that it do pass. 

ASSISTANT SURGEON THOMAS F. AZPELL, UNITED -BTATES .ARl\IY. 

The next business on the Private Calendar was the bill (S. No. 408) 

for the relief of Assistant Surgeon Thomas F. Azpell, United States 

JJmy. . 

The bill, which was read, provides that the payments made by the 

Department of the Interior to Assistant Surgeon Thomas F. Azpell, 

United States Army, for medical services rendered the Hoopa Valley 

Indians at the request of said Department in the absence of other 

medical aid, are hereby sanctioned; and the said Assistant Surgeon 

Azpell is authorized to retain the compensation already paid, anything in the statutes of the United States to the contrary notwithstanding. 

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

the House with the recommendation that it do pass. 

LIEUTE~ANT ALEXANDER ANDERSON. 

The next business on the Private Calender was the bill (H. R. No. 

3067) for the relief of Alexander Anderson, late :first lieutenant Fourteenth New York Volunteer Cavalry. The bill, which was r!'Jad, authorizes the Secretary of War to direct 

the recognition of Alexander Anderson as a first lieutenant in the 

Fourteenth Regiment of New York Volunteer Cavalry, and his payment, ont of any moneys in the Treasury not otherwise appropriated, 

of the full pay and allowances of a first lieutenant of cavalry, from 
370 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 22, 

the 4th day of December, 1863, to the 3d day of March, 1864, deducting therefrom any sum received by him as an enlisted man of said 

regiment during the said period. 

The report was read, as follows : 

It appears, from the proofs in this case, that Lieutenant Alexander Anderson 

performed duty as first lieutenant Fourteenth New York Volunteer Cavalry, from 

December 4, 1863, to March 3f 1864, when he was mustered out of service for no cause, and without any know edge on his part, he ha.vin~ faithfully performed his 

duties as such officer during the period named. The Adjutant-General's Office approve of the a~companying Dill, and, as appears from the accompanying evidence, 

made the draught of the same. In view of tlie foots the committee ask the passage of theoocolDpanying bilL 

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

the House with the recommendation that it do pa.ss. 

LIEUTENANT FREDERICK H. E. EBE~STEIN. 

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

3512) for the relief of First Lieutenant Frederick H. E. Ebenstein, 

Twenty-first Infantry, United States Army. 

The bill, which was read, authorizes and directs the proper accounting officers of the Treasury to allow to Frederick H. E. Ebenstein, 

first lieutenant Twenty-first United States Infantry, a credit in his 

accounts of the sum of $400; the same being alleged to have been 

paid over to Major JohnS. Walker, then a paymaster United States 

Army, who was lost on board the steamer GeorgeS. Wright, off the 

coast of British Columbia, on or about January Zl, 1873; provided 

that the proper proofs of loss are furnished said officers. 

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

the House with the recommendation that it do pass. 

S4MUEL B. STAUBER ~"'D OTIIERS. 

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

767) for the relief of Samuel B. Stauber and others. 

The bill, which was read, provides for the release and discharge of 

tbe following persons from the following taxes a sessed on the brandy 

distilled by them in the fall of 1 68, to wit : Samuel B. Stauber, from 

the payment of $262.50 z J. J. Petree, from the payment of 262.50; 

William Shouse, from tne payment of 262.50 ; John G. Jones, from 

the payment of 262.50; and John H. Stipe, from the payment of 

246.67; these sums having been paid respectively by them as a special 

tax in the months of August and September, 1868, over and above the 

amount of the special tax required of distillers of brandy under or- ders of the Commissioner of Internal Revenue, dated on or about 

October 12, 1~68; and tbe collector of the fifth collection district of 

North Carolina, or other proper revenue officer, is hereby authorized 

and directed to credit their.t respective taxes assessed on the brandy 

distilled by them as aforesaid with said sums overpaid by them in 

their special tax as aforesaid. 

The report was read, as follows : 

The persons named in the bill for relief were engaged in the business of distilling brandy from fruits. By the act of July 20, lrl68, a speciallicen e tax of 490 

per annum was impo ed upon distillers. In the month of August, 1 68, the e par- tie!'~, respectively, paid this special tax to cover a period of nine months, except Stipe, whose payment was for eight months. The act also contained a provision authorizing the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to exempt this cillss of distillers from the payment of the 

special tax. Owing to some ambiguity in the statute in regard to this provision, the Commissioner neglected to act upon the authority to abate or remit the tax, nntil 

the opinion of the Attorney-General waa bad upon the question. Meanwhile the 

payment of the tax was exacted from these parties by the revenue authorities. The 

Attorney-General, by his opinion given October 10. 1868, sustained the construction 

of the act which empowered the Commis ioner to abate the tax, and on the 12th of 

October, 1868, the Commissioner made his order to that effect, intermsas follows: 

TREASURY DEP.ABTME:NT, OFFICE OF INTERNAL REVE.."iUE, 

Washington, October 12, 1868. 

In accordance with the opinion of the Attorney-General of the United States, ren- dered on the lOth instant, distillers of brandy from apples, peaches, or grapes, ex- clusively, are hereby, with the approval of the Secretary of the Treasury, exempt from so much of the provisions of section 59 of the act of July 20, 1868, as impo es a special tax of $400 upon distillers producing one hundred barrels, or less, of dis· 

tilled spirits, and of S4 per barrel for every barrel in excess of one hundred barrels. 

This exemption is additional to the exemptions heretofore specified in series 4, No. 

7, and a sessors and collectors will govern themselves accorilingly. 

Approved: HUGH McCULLOCH, 

Secretary of the Treasury. 

In the administration of this order no assessments of the special tax were made on this class of distillers subsequent to the date of the order, and the taxes assessed 

and not paid up to that time were remitted, or if paid subsequently were re-imbursed ; but where payments had been made prior to October 12, 1868, no authority was given to re-imburse. The collection of the tax of these parties wa{l strictly legal 

and the Gi>vernment has a full legal right to retain it, but to do so would be invidious and unjust. . Subsequently, in 1868 or 1869, these parties became liable for certain deficiency 

taxes, and the then collector of internal revenue for the district of their residence 

consented that the special-tax payments might be allowed in set-off to such deficiency taxes. This arrangement, however, tlie Department has since disapproved as beyond its authority, and proceedings are now pending in court at the suit of the 

United States to recover the fn.ll amount of the defliciency taxes. The relief asked 

for is that in the settlement of taxes due the United States the parties may have 

credit for the amounts severally paid by them for special tax as set forth. 

In the opinion of the committee the relief should be granted, and they therefore 

recommend that the bill pass. 

There beii).g no objection, the bill wa-s laid aside, to be reported to 

the House with the recommendation that it do pass. 

DOCTOR P. F. REUSS. 

The next business on the Private Calendar was the bill (H. R. N . 3513) granting a pension to Dr. P. F. Reuss. 

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

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

limitations of the pension laws, the name of Dr. P. F. Reuss, late 

surgeon of the Seventh Regiment New York Volunteers, and to date 

such pension from the date of his discharge from the United States 

service. 

The report was read, as follows: 

From the evidence on file and submitted to the committ~e it appears that Dr. 

Reuss became an assistant surgeon of the Fifty-second Regiment New York Volun- teers in 1862, and because of the very unpleasant relations existing between him 

and the colonel of that regiment, Colonel Paul Frank, he tendered his re irnation. 

He received an honorable discharge, but, in order to secure such discharge, a cause was as igned, which was that he was suffering from chronic rheumatism. 

The petitioner afterward became surgeon of the Seventh Re!riment New York 

Volunteers, and served as such until August 11, 1865, the close o'f the war. The petitioner, in his affidavit, avers that he was J?erfectly healthy before he be- came atta-ohed to the Seventh Regiment; but while m that regiment, in the line of 

his duty, by reason of the forced marches, bivouacs, exposure to all kinds of weather, 

and the fatigues incident to such service, he contracted the following disabilities: 

first, chronic rheumatism ; second, total deafness of the left ear and partial of the 

right t third, nearly total loss of sight of the right eye and partial of the left; fourth, 

that auring an enga~ement in the rifle-pits before Petersburgh he received a blow 

in the neck from the nutt-end of a rifle, which resulted in tumor adipoSWI. He fur. 

ther avers that, by reason of the above disabilities, he is unable to pra~tice his pro- fession. 

The claim has been before the Commissioner of Pensions, who rejected it on the 

ground that the record of his discharge from the Fifty-second Re!riment finds him 

suffering from chronic rheumatism, wnen, in his application, he cla1ms to have been 

free from disease until a later period, after becommg attached to the Seventh Regiment, and that there is no satisfactory evidence showing when or where the other 

disabilities were incurred. 

The evidence is sufficient to prove that, while the record is correct as to the rea- son assigned for accepting his resignation, he is also correct in his statement why 

such reason was given; and, further, that he is really suffering from disabilities 

incurred while surgeon of the Seventh Regiment. It may be proper here to add, 

also, that, under the circumstances, as the resignation at that time would not be 

accepted of any medical officer of the Army, except upon certificate of disability, the action was excusable, especially when it is remembered he became attached to another regiment, and served faithfully until the end of the war. It was the only 

way he coUld escape from the annoyances of a superior officer, who, it appears, was imbittered against him. 

William Kragen, late captain in the Seventh Regiment New York Volunteers, 

testifies that he knew petitioner wa very ill while surgeon of the regiment, and 

that his illness was caused by hardships and exposures endured between Septem- ber, 1864, and April, 1865, and avers that, by reason of such exposures and hardships, Dr. Reuss contracted rheumatism, deafness, and lo of eyesiabt. 

Dr. B. Weigert testifies that he has professionally treated the petitioner, ev r since his discharge from the Seventh Regiment, for the various diseases compla.ined of, and that he believes they originated m the service of the United States. 

The board of examining surgeons at New York, on the 4th of February, 1874, com- posed of Drs. llogan, Furguson, and Smith, certify that, after carefully examining 

Dr. Reuss, they fi.Dd him suffering from rheumatism, affection of the eyes and of the ears, and give as their opinion that the disabilities originated in the service. This ' seems to establish the met that he is suffering as he claims, and should have a. pen· 

sion. 

The evidence of eight or ten of the former officers of the Fifty-second Regiment 

is to the effect that Dr. Reuss, while assistant surgeon of their regiment, was never known to them to have been sick a. day or to have complained of sickness, and that 

"it was well known thathisresigpation was caused by reason of the ungentlemanlv treatment he experienced at the nands of Colonel Fra.uk," and that any record that 

he was sick durmg that period is erroneous. Dr. Rappold, surgeon of the Fifty-second Regiment1 testifies, in addition, that he 

discharged Dr. Reuss on the formal ground of chrome rheumatism, in aecordance 

with orders from the medical director of the corp , on account of the troubles ex- isting between Dr. Reuss and Colonel Frank. 

Colonel H. M. Ka.rples, the successor of Frank, testifies to about the same condi- tion of things, and ays there was no other e cape for Dr. Reuss. Otbor evidence 

shows that Reuss was not affected with rheumatism while in the Fifty-second Re!!'iment. 

:Brs. Krog, Boecker, and :Muhr1 of New York, testify that they were well ac- quainted With Dr. Reuss, the petitioner, before he became attached to the Seventh 

Re¢ment, and aver that, to their own knowledge, he was in sound and perfect health. 

The only reasonable conclusion to be arrived at from the evidence is that, to 

avoid harsh treatment from Colonel Frank, the petitioner was compelled to send in 

his resignation as assistant surgeon of the Fifty-second. Regiment New York Volunteers, and as no resignation would be accepted unless based upon a medical cer· tificate of disability, out of sympathy for the petitioner the surgeon of the regiment and the medical chief of the corps assigned rheumatism as a cause, or at least ap- proved of it as a reason, and allowed him to retire from the service honorably. 

From other evidence, there seems to be no rea. on to doubt that he afterward be- came surgeon of the Seventh New York Volunteers, and while in that regiment contracted the diseases which have disabled him. 

The committee therefore recommend the passage of the a-ccompanying bilL 

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

the House with the recommendation that it do pass. 

CHARLES H. JOHNSON. 

The· next business on the Private Calendar was the bill (H. R. No. 

969) for the relief of Charles H. Johnson, late first lieutenant of the 

Fifteenth Michiuan Infantry. 

The bill, whic~ was read, authorizes and directs the Paymaster- General of the United States Army to pay, out of any money appropriated for the payment of the Army, to Charles H. Johnson, late first 

lieutenant in the Fifteenth Michigan Infantry, the pay of a first lientenant of infantry :from the 1st day of September, A. D.1864, to the 1st 

day of January, 1865, the date of his muster, first deducting what- ever sum may have been paid said Johnson for service during that 

time. · The report was read, a.s follows : 

It appears from evidence submitted to your committee that said Charles H. 

Johnson was enrolled and mustered as quartermaster-sergeant Fifteenth Michigan Volunteers on the 8th of December, 1862; that he was commissioned first lieutenant 

of said regiment, to take effect November 1, 1864, and actually entered npon the 

duties of that rank, by order of his regimental commander, on the 9th of November, 

18Ji4. By reason of the movement of his command on the march of Sherman's army 
1876. CONGRESSIONAL REOORD~HOUSE. 371 

from Atlanta to Savannah, Geor~a, (during which march no mails could be re- oei ved ) be did not get his commission until about the 1st of .Januaryl1865. and was mus- tered ~ of that date. He bad, no wever, commanded a company uuring this march, 

and but for the impossibility of receiving his commission would doubtless have been 

mustered as of the day of his entering upon duty as first lieutenant. 

It appears, therefore, to the satisfaction of your committee, that he was duly comlilUI ioned; that there was a vacancy of his commis ioned rank in a company 

of the legal number; that he entered upon and discharged the duties of his rank, 

and was not mustered by reason of an impossibility of his commission reaching him, 

and not through any fault or neglect of his own. The committee therefore recommend the pa sage of the accompanying bill, with an amendment striking out the "Ist day of September" and inserting the "9th day 

of November," the date of his actual entry upon the duties of first lieutenant. 

The amendments of the committee were agreed to, as follows : 

Strike ont in line 8 the words " 1st day of September," and insert in lieu thereof 

" 9th day of November," and in line 9 strike out the words " date of his commission." 

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

the House with the recommen.dation that it do pass as amended. 

CHANCY J. POORE. 

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

222!>) for the relief of Chancy J. Poore, late a private in Battery G, 

First New York Light Artillery. The bill, which was read, directs the Secretary of War to correct 

the entry made as the cause of the discharge from the service of the 

United States of Chancy J. Poore, late a private in Battery G, First 

New York Light Artillery, so as to show the cause of such discharge 

to have been "phlebitis," instead of " diabetes" as erroneously en- tered in said record. 

The report waa read, as follows: 

That said Poore enlisted in Battery G, First New York Artillery, in November, 

1861, in apparent sound and vigorous health. Soon after the battle of Antietam he 

suffered a. painful attack in his right leg and hip, which, in time, disabled him in 

both legs, and after several monthS' continementto the hospital he was discharged March 3, 1863, for" diabetes of five months' standing." It is alleged that this designation of the complaint was a mistake, (probably a clerical error,) as the development of the disease was accompanied by no symptoms that attend cases of diabetes. On the contrary several surgeons, some of them ex- aminin~ surgeons of the Pension Bureau, tesnfy that it was an undoubted case of 

phlebitis. 

The petitioner ha-s been disabled from his discharge to the present time. He 

suffers from varicose veins and swollen and ulcerous condition of the legs. Your committee are satisfied that there was an error in the designation of the nature of the disease for which he was discharged, and accordingly recommend the 

passage of the accompanying bill. 

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

the House with the recommendation it do pass. 

MA.RSHAL P. THATCHER. 

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

3574) for the relief of Marshal P. Thatcher. 

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

the Treasury to pay to Marshal P. Thatcher, late of the Second .Michigan Cavalry, out of any money in the Treasury not otherwise appropriated, the sum of 150 in full satisfaction for the loss of a horse, 

April15, 1862, while in the military service of the United States. 

The report was read, as follows: 

It appears from affidavits filed in this ca-se that said Thatcher, on the 15th of 

April, 1862, then second lieutenant of said Second Michi"'an Cavalry, while on a Government transport with the regiment near Hambmgh 'Landing, on the Tennes- see River, had his horse so severely wonnde<l in the stifle:joint by breaking through the defective deck of the transport as to render the said horse unserviceable and 

valueless. The horse was pronounced incurable by the veterinary smgeon of the re~ment, and abandoned on disembarkation from the transport. It is in proof that the horse was fnrchased by Lieutenant Thatcher, one week before, of Captain A. P. Campbell, o same regiment~ at a price of $150. 

The committee are satisfied that the horse was private property of Lieutenant 

Thatcher, and was incnrabl:y wounded while in the service, and through no fault or negligence of its owner, Lieutenant Thatcher. The excellent character of this 

officer is certified to by Lieutenant-General P. H. Sheridan, who subsequently com· manded the re~ont and upon who e staff Lieutenant Thatcher for a time served. 

Lieutenant Thatcher swears that this claim has been for years in the hands of 

agents, but was rejected in the War Department, on the ground that the horse had not been mustered after becoming the property of Lieutenant Thatcher. This is 

explained by the affidavit of Lieutenant Thatcher that during his less than one week's ownership of the horse he bad had no opportunity on the march to muster it. The committee think the horse should be paid fpr by the.pnited States, the case coming within t.he provisions of the law at that tinie and now in force in relation to horses lost in service. 

The committee respectfully recommend the passage of the accompanying bill. 

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

the House with the recommendation that it do pass. 

GEORGE 1\IARTZ. 

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

3436) granting a pension to George Martz. 

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

Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of George Martz, dependent 

father of Alfred Martz, late a private in Company A, Fifty-fifth Pennsylvania Volunteers. 

The report was read, as follows: 

Alfred Martz, the son of George Martz, enlisted in the Fi£ty-fiith Regiment Pennsylvania Volunteers, on tho 28th of August, 1861, and was mustered in at Ha.rrisbur_gh on the 30th of October, and was assig.ned to duty in Company A. He servea in the Fifty-fifth until Nevember 30, 1863, and was honorably dischar~ed to allow him to re-enlist as a veteran. In this service he died in "the line of unty" at Marysville, Virainia, on the lOth of August, 1865, of conge tive chills. Ample evidence is furnished to Commissioner of Pensions showing that previous to the 

soldier's enlistment, and also while in the service, he contributed to his parents' 

support. The claim was rejected by the Commissioner "because it appen.rs that 

the soldier's mother is still living and entitled to pension, could she show her dependence upon and support by the son." This is not denied, but evidence is fur. 

nished, by the affidavits of two of the residents of the township in which George 

Martz lives, that the mother 11 deserted her husband some time in the month of J nne, 1869, and has never returned to him, nor lived with him since;" thatthesaidGeorge 

Martz "was stricken with paralysis in 1872, and since that time has been helpless and unable to do a.nything for his support, and is now dependent on charity." This 

is confirmed by a letter from the postmaster at Hemlock, Pennsylvan.ia., (the t{)wn in 

which Martz lives,) in reply to the Commissioner of Pensions, under date of May 29, 

1875. 

In view of these facts it is the unanimous opinion of the committee that this is a clear case where it is the province and duty of Congress to step in and direc't the 

Commissioner of Pensions to award to the " depenaent father " the pension the 

" dependent mother " would be entitled to under similar circumstances, and therefore report ba-ck said bill and recommend its passage. 

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

the House with the recommendation that it do pass. 

ANSON K. YOUNG. 

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

2237) granting a pension to Anson K. Young. 

The bill, which wa.s read, authorizes ancl directs the Secretary of 

the Interior to place upon the pension-roll, subject to the provisions 

and limitations of the pension laws, the name of Anson K. Young, of 

Grant County, Wisconsin, late a private in Company 11 Forty-third 

Regiment of Wisconsin Volunteers, and pay him a pensiOn from and 

after the passage of this act. 

The report wa.s read, as follows : 

The evidence now on file shows that the soldier enlisted Au~st 21, 1864, and was then a. healthy, sound man. This is proved by Dr. George E . .tWbertson, his family 

physician, as well as by the evidence of several non-professional witnesses. He was first taken sick at or near Johnsonville, Tennessee, November 8, 1864, begin- ning with chills and fever, followed by chronic diarrhea and· a complication of illsorders which have finally re nlted in paralysis of one side, totally disabling him. 

His sickness is shown connectedly b:v the several hospital records, by the eVIdence 

of his captain, George Jackson, and Surgeon George W. Eastman, from all of which 

it conclusively appears that the soldier was sound when he entered the service; 

that he contracted his diseases in the service and in the line of his duty. It is also 

conclusively shown by his physician and neighbors that from December, 1864, to May, 1865, he was at home on sick leave, and wholly unable to rejoin his regiment 

without endangering his life, and that he is now paralyzed on one side and wholly disabled from earning his living by manual labor. 

The committee, believing that the evidence abundantly shows this to be a meritorious case, and that the evidence, fairly considered, ought long ago to have placed 

his name on the pension-rolls, report back said bill and recommend its passage. 

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

the House with the recommendation that it do pass. 

JAMES M. BAILEY, 

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

2519) granting a pension to James M. Bailey. 

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

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

lin1itations of the pension laws, the name of James M. Bailey, late 

private Company E, One hundred and seventh Illinois Volunteer Infantry, at the rate of $8 per month from and after the passage of the 

act. 

The report was read, a.s follows : 

The committee find the evidence in this case conflicting, especially as to the man- ner in which the disability was occasioned. The soldier signs his name by mark, 

and may not have known just what was written for him to swear to, and had nec- essarily to depend upon the reading of it by the person swearing him; but if either 

of his statements is true, he is clearly entitled to be pensioned. He states that he was ordered on duty, and in taking his gun from the stack, another gun than his own, which had been left loaded, was discharged, wounding his baud, rendering it 

necessary to amputate one finger and disabling another. This statement is fully 

corroborated by J. M. Holmes, his orderly sergeant, who was present when it hap- pened. 

John Wright, surgeon of the regiment, swears that he amputated the middle 

finger and dressed tho wound. Griffin M. Brnffett, first lieutenant at the time of 

the accident and subsequently cal>tain, swears that he was in comm.and at the time, 

and that it was done by drawing his gun from the stack of arms, thereby discharging a comrade's gun which had been negligently left in the stack loaded. All these wit- nesses agree as to the time, place, and cause of the disability. It is true, the lieu- tenant swears to a different statement, that the soldier, after coming in from picketduty, was by order drawina the load from his gun preparatory to cleaning it for 

immediate use against the enemy. It is true, the petitioner and his lieutenant 

make this conflicting statement, but their other statement is corroborated by the 

orderly a-s well a-s the surgeon, and if either statement is true he ought to be pen- sioned. If the first statement was a mistake, surely it was right to correct it, and 

the second or corrected statement is corroborated by the ordeily and surgeon, and 

all agree that the di.sa.bility was incurred in the service and in the line of duty. 

The committee therefore report back said bill and recommend its passage. 

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

favorably to the House. ELIZA A. BLAZE. 

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

3575) granting a pension t.o Eliza A. Blaze, widow of AbnerT. Blaze, 

late a private in Company C, Thirteenth Indiana Cavalry Volunteers. 

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

Interior to place o~ the pension-roll, subject to the provisions and 

limitations of the pension Jaws, the name of Eliza A. Blaze, widow 

of Abner T. Blaze, late a private in Company C, Thirteenth Indiana 

Cavalry Volunteers. 

The report was read, as follows : The committee find that there is no dispute as to the military service and death 

of the soldier, but there is some conflict in the testimony as to whether the soldier was away on furlough or on detail under the command of the sergeant of the com- pany. But the proof is very clear that he was, on or about the 7th day of April, 1864, on the train from India.naQOlis to Madison, Indiana, ancl. on the way, fell from 
' 

372 CONGRESSIONAL RECORD-HOUSE. DECE::MBER 22, 

the c.'\1'8 and was killed. Theevideneeof Sergeant.TosephG. Marshall, of said com. pany, shows that the soldier had a. furlough, and that he procured it himself. He 

also swears that he had been ordered to make the trip on the tra.i.n with a detail to arrest deserters, and that he had under his command for that purpose the deceased 

and another soldier of the same company; that, by his order, the men went out on the platforms at the several stations on the way in order to identify deserters, if 

any happened to be in or around the stations ; and that, in the discnarge of that 

duty the soldier, by a jar, was precipitated between the cars and was killed. A:ii this is corroborated by the affidavit of Thomas Johnson, sergeant of the same company, who waa on the train at the time, and who swears positively that decea ed not only had a furlough to go to Madison on private business, but was at the 

time of his death, on detail under Sergeant Marshall, and was then actually on the 

platform by command of the sergeant, Marshall, for the purpose as stated by Marshall; and. the main facts are further corroborated by Captain McLain, as to deceaaed 

having a furlough, and other witnesses testify to the same facts; and while there 

is an apparent conflict in the testimony of Sergeant Marshall, yet his veracity and 

general good character-are supported by the testimony of four credible witnesses~ 

his neiglibors in Jefferson County Indiana, and his testimony is corroborated ana supported b;v Sergeant Johnson, of said company. The committee find no sufficient reason for discrediting his testimony, especially as both statements may have been true: that the deceased not only had a furlough, but was, at the same time, doing 

duty on the detail, as stated by several witnesses. But admitting that some of the statements ma1not be fully reconciled, yet the soldier was killed while in the serv- ice and in the line of his duty; and if there be a doubt as to the latter point, his 

widow is justly entitled to the benefit of the doubt, as the testimony further shows 

that he was a sober, industrious man, and a good soldier. 

The committee therefore report back said petition with the accompanying bill, 

and recommend its passage. 

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

favorably to the House. 

MARY F. M'KEEVER. 

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

3576) granting a pension to Mary F. McKeever. 

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

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

limitations of the pension laws: the name of Mary 1!,, McKeever, 

widow of Commodore Isaac McKeever, late of the United States Navy, 

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

of the act. 

The report waa read, as follows : 

The committee find from the evidence that there is no dispute as to the naval 

service and death of the commodore in the service and in the line of duty, nor is 

there any question aa to the right of his widow to pension ; in fact she was admitted to the rolls at the rate of $50 per month and was paid according to that rate for 

about fifteen years, when, by the construction given to the acts granting pensions, 

passed on and since July 14, 1862, she was reduced to $30 per month. It will be 

admitted that she was properly admitted to pension at the rate of $50 per month, 

and that she was reduced to $30 per month in obedience to what waa regarded as the intention of the Congress in passing section 4712 of the Revised Statutes. But 

it must be borne in mind that naval pensions are now paicl from the naval.pension fund, which has accumulated from the energy and gallantry of our Navy, of which 

Commodore McKeever wa.s a distingui bed member; and following the precedents set in similar cases, the committee believe the widow should be restored to her 

pension of $50 per month. 

They therefore report back said bill with a substitute, and recommend its passage. 

Mr. FORT. The report seems to be against the-claim. I object. 

CATHARINE BARNES. 

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

3577) granting a pension to Catharine Barnes. 

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

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

limitations of the pension laws, the name of Catharine Barnes, widow 

of Joseph Barnes, late a private of Company D, Seventy-seventh Regiment of Pennsylvania Volunteers. 

The report was read, as follows: 

The testimony shows that .Toseph Barnes enlisted on the 9th day of September, 

1861, as a private in Company D, Seventy-seventh Regiment of Pennsylvania Volunteers, and that he was honorably discharged May 2, 1865. The evidence shows 

that said Barnes was several times wounded during said service. The testimony 

of the adjutant of his regiment shows that in July, 1864, the said soldier was wounded, causing the loss of his left eye, and that subsequently, while in the line 

of his duty, he contracted disease of his bowels from exposure in active campaign 

duty; that said disease continued to increase, and finally rendered him unfit for 

duty and caused his discharge. The testimony of the examining surgeon, who ex· amined said Barnes previous to his death, shows that at that time safd soldier was suffering from loss of left -eye, impairment of sight of right eye, and disease of 

prostate gland. The disease finally assumed the form of a cancerous tumor of the 

lower bowel and enlargement of the prostate gland, from which the soldier died. 

His marriaae with E,~yoner is duly established by the evidence. The testimony of Dr. Zeigier, his · y physician, shows that he was a sound and healthy man at the time of his enlistment. The testimony of Drs. Carpenter and King traces fatal disease directly to the disea e contracted by him in the Army; in fact, shows 

that it was simply the development of the disease for which he was discharged. The committee are of the opinion that the said .T oseph Barnes died of disease con· tracted in the military service of the United States in the line of his duty, and that 

his said widowt Catharine Barnes, is entitled to a pension. They there!ore report 

the accompanymg bill (H. R. No. 3577) aa a substitute for said House bill No. 1103, 

and recommend its paasage. 

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

favorably to the House. 

ELIZA M'CO~L. 

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

3578) granting a pension to Eliza McConnel. 

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

Interior to place on the pension-roll, subject to the proviaions and limitations of the pension laws, the name of Eliza McConnel, widow of 

William McConnel, late captain of Company E, Ninety-seventh Regiment of Pennsylvania Volunteers. 

There being no objection, the bill was laid aside, to be reported favorably to the House. · 

EUGE:NE O'SULLIVAN. 

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

3579) granting an increase of pension to Eugene O'Sullivan, late ser- geant Company K, Eighteenth Missouri Volunteer Infantry. 

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

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

limitations of the pension laws, the name of Eugene O'Sullivan, late 

sergeant Company K, Eighteenth Missouri Infantry, at the rate of 

$18 per month. 

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

favorably to the House. 

RACHEL A. CULLISON. 

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

3580) granting a pension to Rachel A: Cullison, widow of Richard W. 

Cullison, late a. private in Company D, Forty-fifth Regiment Ohio 

Volunteers. 

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

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

limitation of the pension laws, the name of Rachel A. Cullison, wid- ow of Richard W. Cullison, late a private in Company D, Forty-fifth 

Regiment Ohio Volunteer Infantry. 

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

favorably to the House. 

JOSEPH ODELL, 

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

838) granting a pension to Joseph Odell. 

The bill was read. It authorizes the Secretary of the Interior to 

place on the pension-roll, subject to the provisions and limitations of 

the pension laws, the name ot Joseph Odell, late of Company I, Sixtyfifth Regiment of the Indiana Volunteer Infantry. 

1\Ir. HOLMAN. I call for the reading of the report. 

The report was read, as follows : 

.TosephOdellenlisted in Company I, Sixty-fifth Indiana Volunteers, Au~st1, 1863, as a veteran volunteer, he having previously served in Company F, Jrourteenth 

Indiana Volunteers. He waa discnarged May 24, 1865. 

Applicant alleges disability from injuries received while acting as mounted in· 

fantry in Septemller, 1863, by fall of horse, in breast't left shoultler~.,~de, and hip. Claim was rejected becausemedicalex:aminationfailed toshowtha.t aisabilitya.ro e from cause aileged. The testimony of Samuel H. Mulholland, who was first sergeant of claimant's 

company at the time injury was received and who waa afterward captain of arne company, and also the testimony of Dr. J. Scudder, who was at that time assistant 

surp:eon of claimant's re~ent, entirely corroborate the statement in claimant's 

application for pension. Jmrther, the certificate of the examining surgeon at the 

Soldiers' Home at Dayton, Ohio, in July, 1874, shows that claimant was suftering 

from loss of hearing of left ear, dullness over upper and middle lobes of left lung, loss of power of left arm and leg, and considerable emaciation, which last they at- tribute to chills of long standing. Still, the medical referee does not think that any of his disabilities are traceable to the service. · Since this decision of the referee, claimant has been further examined by Dr. 

McDe.rmot, surgeon of the National Home for Disabled Soldiers, at Dayton1 Ohio, 

who certifies that claimant is suffering from hernia, deafne s in both ears, 10s of 

power amounting to partial paralysis of left shoulder and hip, a large swelling be- tween the scapula and spine; and all, he thinks, traceable to the in,iury claimant 

sustained by the fall of the hor e in September, 1863. He also suffers from a chronic 

bronchial oough and has much lameness in left .leg. In sho~t, he. seems to be very 

badly used up; was a hearty man before entenng the semce; 1s now fifty-eight 

years old and a perfect wreo1r; is now and haa been for two years an inmate of the 

Soldiers' Home at Dayton, Ohio. 

The committee think his case a hard one, and feel that it can hardly err in making a favorable report and recommending the passage of the bill. -

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

favorably to the House. 

MINERVA WILLIAMS ET AL. 

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

3581) granting a pension to Minerva Williams and her minor chil<h·en. 

The bill was read. It authorizes the Secretary of the Interior to 

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

of the pension laws, the names of Minerva Williams, :Milton F. Williams, Amanda C. Williams, Milliann B. Williams, Minerva L. Williams, and Lorinda Williams, widow and minor children of Jes e Williams, late a private in Company H, Third. Regiment Tennessee Mounted 

Volunteers. • There being no objection, the bill was laid aside, to be reported favorably to the House. 

Mr. BLOUNT. I move that the committee rise and report the bills 

which have been favorably acted on. 

. CYNTHIA lL ABBOTI. 

1\Ir. RUSK. Before the motion that the committee rise is put, I a k 

that by unanimous consent the committee go back to the bill (II. R. 

No. 3510) granting a pension to Cynthia H. Abbott. 

There was no objection. 

1\Ir. RUSK. I withdraw my objection and ask that the bill be re- poljied favorably with the amendment which I send to the desk. 

The Clerk read as follows : 

Strike out all after the words "United States service" in line 7 with these wor~~~ 

"to date from the death of the said Augustus P. Abbott;" so that the bill will 

read: 

That the Secretary of the Interior be, and he is hereby-, authorized o.nd directed to 

place on the pension.roll1 subject to the provisions and limitations of the pension 

laws, the name of Cynthia H. Abbott, mother of Augustus P. Abbott, formerly a seaman in the United States service. 

The amendment was agreed to; and the bill, as amended, was laid 

aside, to be reported favorably to the House. 
1876. CONGRESSIONAL RECORD-HOUSE. 373 

JOHN J. ANDERSON. 

Mr. CALDWELL, of Alabama. I ask that by unanimous consent 

the committee go back to the bill (S. No. 628) for the relief of John 

J. Anderson, surviving copartner of the firm of Anderson & White. 

This is a bill that was reported favorably by the Committee on War 

Claims. It wa-s objected to by the gentleman from Missouri, [Mr. 

STONE,] but he has withdrawn his objection on the floor of the House. 

Mr. HOLMAN. I a-sk that the bill may be read. · The bill was read. It authorizes the Secretary of the Treasury to 

pay, out of p,ny money in the Trea-sury not otherwise appropriat~d, 

to John J. Anderson, surviving copartner of the .firm of Anderson 

& White, the sum of $8,597.83, in full of all claims of said Anderson 

& White, or either of them, against the Government of the United 

States, for cotton belonging to said firm, impressed for and appropriated. by the authority of the Government of the United States to 

the defenses of Nashville in August and September, 1862, and for all 

damages in connection therewith. 

Mr. HOLMAN. I ask for the reading of the report; but a-s the re- port is quite voluminous, I hope the gentleman from Alabama will 

not press the bill at this time. Let us have an opportunity to exam- ine the report. I hope the gentleman will allow the bill to stand over until the next day that the House is in Committee on the Private 

Calendar. 

Mr. CALDWELL, of Alabama. This is a case which has received 

the favorable consideration of the Committee on War Claims of the 

Senate and also of the Committee on War.Claims of the House. It 

is a meritorious case, and the bill should have been passed last ses- sion. It involves precisely the same principle aa is involved in the case of Butler, Milber & Co., which passed the House without any obection. 

The CHAffiMAN. Does the gentleman from Indiana insist upon 

his objection T 

Mr. HOLMAN. This is one of a class of claims that ought to be 

carefully considered and looked into, therefore I must object. 

Mr. KNOTT. This bill was objected to once before, and I believe now it requires the objection of more than one member to defeat its 

pa-ssage. 

:Mr. STONE. I objected to it last session, believing that it waa the 

claim of another party. I know this to be a meritorious claiin and I 

desire to withili·aw my objection. 

The CHAIRMAN. The Chair holds that to-day any member has a right to object, because it requires unanimous consent to consider any 

bill that has been paased upon the Private Calendar. 

Mr. KNOT!'. I waa not aware that this bill had been passed. 

Mr. LUTTRELL. I hope the gentleman from Indiana will withdraw his objection. I think that this is a meritorious case. Mr. HOLMAN. I cannot withdraw my objection. 

The question was then taken on Mr. BLOUNT's motion, and it was agreed to; there being on division-ayes 45, noes 29. 

The committee accordingly rose; and the Speaker having resmned 

the chair, .Mr. WILSON, of Iowa, reported that the Committee of the 

Whole on the Private Calendar had had under consideration the Private Calendar, and had instructed him to report sundry bills to the 

House, some with and some without amendments, and with a recom- mendation that they do pass. 

APPOINTMENT OF CO?tiMITTEES. 

The SPEAKER. Prior to proceeding with the business reported 

from the Committee of·the Whole, the Chair desires t,o announce the 

appointment of committees, which the Clerk will now read. 

The Clerk read as follows : 

Committee to ascertain and report what are the privile.,.es, ~wers, and duties of 

the Rouse of Representatives in counting the votes for ~es1dent and Vice-President of the United States: Mr. KNOTr of Kentucky, Mr. SPARKS of lllinois, Mr. 

TUCKER of Virginia, Mr. MAisH of Pennaylvania1 Mr. BURCHARD of lllinois, .Mr. 

SEELYR of Mas acllnsetts, and Mr. MONROE of Ohio. 

Committee to meet with the Senate committee as to the counting of the electoral votes for President and Vic&-President: Mr. PAYNE of Ohio, Mr. HUNTON of 

Virginia, .Mr. HEWITT of New York, Mr. SPRINGER of lllinois, Mr. MCCRARY Of 

Iowa, .Mr. HoAR of Massachusetts, and Mr. WILLARD of Michigan. 

ANDREW JACKSON, (COLORED,) OF PI'ITSBURGH, PENNSYLVAli'IA. 

The first bill reported from the Committee of the Whole on the Private Calendar was the bill (H. R. No. 3292) providing for a pension to 

be paid to Andrew Jackson, (colored,) of Pittsburgh, Pennsy 1 vania. 

The SPEAKER. If there be no objection, the titles of the bills will 

be read and the bills will be considered as passed. 

Mr. STONE. I object. I ask for a vote upon each bill. 

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

read a third time; and being put, there were-ayes 58, noes 10. 

Mr. STONE. That is no quorum. 

The SPEAKER. The Chair will then order tellers. 

Mr. DOUGLAS. I move that the House do now adjourn. 

The question waa put; and on a division there were--ayes 53, noes 47. 

Mr. ROBBINS, of North Carolina. Let us have tellers. · 

The SPEAKER. The Chair will order tellers. 

Mr. HOAR. I rise to a question of order. Is the gentleman entitled to tellers on a question of adjournment on which no quorum is 

necessary f 

The SPEAKER. No quorum has voted, but the House can adjourn 

without a quorum. The Chair is willing, however, to entertain a 

call for tellers upon the question that the House adjourn. 

Mr. DOUGLAS. On a motion to adjourn it does not require a quorum. 

The SPEAKER. The Chair haa so stated that less than a quorum 

of the House can adjourn, but as the gentleman from North Carolina 

[:Mr. ROBBINS] asked a division, it implied that there were probably some gentlemen who had not voted or that the Chair had not been 

exactly accurate in counting the vote, and therefore the Chair was willing to entertain a call for tellers. 

Mr. DOUGLAS. The point I make is that a majority of those present, when there is less than a quorum present, can adjourn. 

The SPEAKER. Undoubtedly the gentleman is correct in that. 

Mr. DOUGLAS. The House divided, and the Chair announced that a majority had voted in favor of adjournment. 

The SPEAKER. The gentleman is correct in that also; but after 

that announcement was made the gentleman from North Carolina 

[Mr. ROBBINS] aaked for tellers, and the Chair waa quite ready to 

order them. · Mr. ROBBINS, of North Carolina. The House baa the right to order 

tellers at any time. 

The SPEAKER. The Speaker also haa that right. 

PROPERTY IN CHARGE OF THE CLERK. 

The SPEAKER, by unanimous consent, laid before the House a letter from the Clerk of the House of Representatives, transmitting an inventory of property belonging to the United States in his possession December 4, 1876; which was laid on the table, and ordered to 

be printed. 

CONTINGE:NT EXPENSES OF THE HOUSE OF REPRESENTATIVES. 

The SPEAKER also, by unanimous consent, laid before the House a letter from the Clerk of the House of Representatives, transmitting 

his report of the contingent expenses of the House; which waa re- ferred to the Committee on Appropriations, and ordered to be printed. 

CLAIMS FOR L~IAN DEPREDATIONS. 

The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of the Interior, transmitting, in compliance 

with the act of 1873, sundry claims for losses incurred by Indian 

depredations; which was referred to the Committee on IndianAffairs. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows : To Mr. CROUNSE, two weeks from January 3. 

To Mr. STONE, for four days from the 26th instant. 

To Mr. CABELL, for six days from the 27th instant on important 

business. 

To Mr. Buss, from the 23d instant to January 3. 

To Mr. WILSoN, of West Virginia, until January 23 on account of 

impottant business. 

To Mr. WILSON, of Iowa, until January 23 on account of sickness 

in his family. 

To Mr. TERRY, for the 27th and 28th of Decem~er. 

ORDER OF BUSL~SS. 

The SPEAKER. The Chair now appoints as tellers upon the mo- tion to adjourn Mr. RoBBINS of North Carolina and Mr. STONE. 

Mr. DOUGLAS. I rise to a question of order. I submit that no business is in order while the House is dividing on a motion to adjourn. 

The SPEAKER. The Chair laid before the House certain matters 

by unanimous consent. 

Mr. DOUGLAS. I never gave my consent. I moved an adjournment of the House and the House divided upon that motion, and by · the count of the Chair a majority voted in favor of the adjournment. 

At that stage a call was made for tellers and the Chair suspended 

proceedings on the motion to adjourn to transact other business while 

the House waa actually dividing. 

The SPEAKER. It ha-s been the uniform practice of the House to 

clear the Speaker's table of executive documents and requests 'for 

leaves of absence pe~ding a motion to adjourn. Of course, if the gentleman insists upon his objection, although the Chair desires to state 

that he did not hear the objection made, the Chair will order the va- cation of all these references. 

Mr. DOUGLAS. I will withdraw my objection rather than have 

that done; but I want the question taken upon my motion to adjourn. 

The SPEAKER. Tellers have been ordered upon the motion to adjourn, and they will now take their places. 

TheHouse againdivided; and the tellers reported thattherewereayes 52, noes 55. 

So the motion to adjourn was not agreed to. 

Mr. TOWNSEND, of New York~ I make the point of order that no 

quorum has voted. 

The SPEAKER. It does not require a quorum to decide a motion to 

adjourn. 

Mr. TOWNSEND, of New York. I shall object to the transaction 

of any business until there is a qnornm in attendance. 

The SPEAKER. The Chair is of opinion that there is not a quorum 

present. 

Mr. HOLMAN. It is certainly very desirable that these bills reported favpably from the Committee of the Whole shall be disposed 

of t~~~ay~
CONGRESSIONAL RECORD-HOUSE. DECEMBER 23, 

The SPEAKER. The Chair will entertain a motion for a call of the 

House, which is the only business that can now be transacted. 

1\lr. STONE. I move that there be a call of the House. 

Mr. ROBBINS, of North Carolina. I rise to a point of order. 

The SPEAKER. The gentleman will state his point of order. 

Mr. ROBBINS, of North Carolina. My point of order is this: It 

does not require a quorum to decide the motion to adjourn, and therefore it is not necessary to have a call of the House until the want of a quorum is developed upon some question which requires a quorum 

to determine it. 

The SPEAKER. The want of a quorum has been developed upon 

the motion to adjourn. · .Mr. ROBBINS, of North Carolina. My point is that it does notrequire a quorum to determine the motion to adjourn. 

The SPEAKER. That is true; but the vote by tellers developed 

the fact that there was no quorum present. 

Mr. BANNING. Is a motion to adjourn now in order! 

The SPEAKER. Business having intervened, the motion for a call 

of the House having been made since a motion to adjourn was voted 

upon, it is now in order again to move th.at the House adjourn. 

Mr. BANNING. I make the motion that the House now adjourn. 

The SPEAKER. The Speaker desires to state that he will be absent 

to-morrow, and ha designated the gentleman from Pennsylvania, 

Mr. CLYMER, to occupy his place. 

Mr. HOLMAN. It is understood that no business will be transacted 

to-morrow. 

The motion of 'Mr. BAN~'ING was agreed to; and accordingly (at 

two o'clock and twenty minutes p.m.) the House adjourned. 

PETITIONS, ETC. 

The following petitions, &c., were presented at the Clerk's desk 

under the rule, and referred as stated: 

By Mr. BLISS : The petition of Francis L. Dalton, to be re-imbursed 

for expenses incurred in defending his official acts, to the Committee 

of Ways and Means. 

By Mr. CHAPIN : The petition of Jerry Lyons, for restoration of 

pen ion, to the Committee on Invalid Pensions. 

By Mr. O'NEILL : The petition of James L. Reynolds, of Lanca-ster, 

Pennsylvania, and A. Wilhelm, of Cornwall, same State, administrator 

de bonis non of the estate of R. W. Coleman, deceased, sureties of Lieutenant-Colonel S. M. Reynolds, paymaster of the United States Army, 

for relief, to the Committee on Military Affairs. 

By Mr. THORNBURGH: The memorial of William F. Frasier, for 

relief for injuries received during the late war, to the Committee on War Claims. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, December 23, 1876. 

The House met at twelve o'clock m., Mr. CLYMER in the chair as Speaker pro ternpo1·e. Prayer by the Chaplain, Rev. I. L. ToWNSEND. 

Mr. 'VOOD, of New York. I ask unanimous consent that the reading of the Journal be dispensed with. 

There was no objection. 

POLITICAL CO:l\"DITION OF THE COUNTRY. 

Mr. ~IDTCHLER. I aak unanimous consent to have read andreferred to the select committee of 'which the gentleman from Ohio [Mr. 

PAYNE] is chairman a memorial which I send to the Clerk's desk, and 

which is signed by prominent citizens of Philadelphia belonging to 

all political parties. 

The memorial waa read, as follows : 

To the honorable the Senate and House of Representatives of the United States in 

Oongress assembled : 

The undersigned, members of all political parties, beg leave resMctfnlly but earnestly to represent to your honorable bodies that in their.belief the citizens of the 

United States are almost unanimous in the demand that the questions arising from 

the late presidential election shall be dealt with in a spirit predetermined to harmonize conflicting views, irrespective of the success or defeat of individual candidates. 

The undersigned feel that any other course involves perils to the very structure of our Government which no thoughtful man can contemplate without dread. Even 

should such perils be averted, a partisan contest in Conj!I'ess, resulting in a proclamation of a President without the acquiescence of both Houses, would destroy the 

confidence of the people in the justice of the decision adopted, would weaken their 

respect for the forms of Ia.w, and impair their faith in the adequacy of the Constitution to preserve substantial justice between contending parties. The consequences of such action could not fail to be deplorable to the country and ruinous to the party which might achieve a temporary triumph. No adminis- tration placed in power in any manner that may ofl'end the popular sense of right 

could conduct the affairs of the nn.tion with cretlit to itself or advantage to the coun- try. Under such an administration the opposition would enjoy an overwhelming nilva.ntage, and a. short-lived party triumph wonld be followed by inevitable down- f all. It may be emphatically asserted that the future will belong to those who now show themselves supetior to the blind partisanship of the moment, and ready to promote harmony and to avert strife. 

Even a \)rolongation of the existing uncertainty is greatly to be deprecated, en- tailing as 1t must do a paralysis of industry and a prostration of all material interests, which will work incalculable evil by destroying the demand for .la.bor and depriving of support the poor and the unemployed. 

The understgned, therefore, conndently hope that your honorable bodies will ear- nestly seek some mode of reaching a deci ion of the pending questions that will satisfy the conscience of the country. They feel assured that when Senators and Representatives of the United States are called upon to exercise judicial powers fran~lit 

with consequences so momentous, they will bring to the discharge of their high 

functions a spirit of fairness and impartiality that will result in virtual unanimity 

of judgment. A result so reaohed, whatever it may be, will unquestionably com- mand the willing acquiescence of the whole nation. 

WJLLIAM WELSH, 

HENRY ARMITT BROWN, 

JOHN WELSH, 

And many others. 

There being no objection, the memorial was referred to the select 

committee on counting the electoral vote. . Mr. MQNROE. I ask to be excused from service on the committee 

to ascertain the powers and privileges of the House in .regard to the 

elootoral count. 

There was no objection, and the request was granted. 

IMPROVEME~T OF RIVERS AND HARBORS. 

Mr. REAGAN, by unanimous consent, reported from the Committee on Commerce thefollowing preamble and resolution; which were read, considered, and adopted: 

Whereas the President of the United States in his aunuaJ message of December 

5, 1876, states that, with his approval, the Secretary of W a.r directed that the amount of $2,000,000, out of the $5,015,000 appropriated by the act of Congress of August 

14, 1876, for river and harbor improvements, should be expended, and that no new work should be begun, and none prosecuted which were not of national importance; 

And whereas the Chief of En¢neers in his report of October 21, 1876, state that, 

in compliance with the instructions of the Secretary of War of September 4, 1 76, 

certain allotments have been made limiting the expenditures under the above-named act to $2,000,000, and directing that no new work of improvement should be begun: 

Therefore, 

Be it resolved lJy the House of Representatives, That the President of the United 

States be requested to communicate to this House copies of all orders made by him or under his dirootion, and of all orders and correspondence in the War Depart. 

ment, including all reports and communications from the Chief of Engineers, re- lating to said order and limitations on the expenditures authorized by said act of 

Congress; and that he be also requested to inform this Hoose whether any orders or authority have been given by him or by the Secretary of War authorizing other . expenditures under said act in addition to said 2,000,000; and if so, how much and 

for what \)articular works of improvement; and that he be requested to communi- cate to this House all orders and correspondence in relation tliereto ; and that the 

President be requested to state under what law or authority these orders and lim· 

itations upon said act of Congress were made. 

Mr. REAGAN moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

PENSIONS. 

Mr. HEWITT, of Alabama. I ask unanimous consent to submit for 

adoption the following resolutions: 

Resolved, That House bill No. 2283, granting peDBions to certain soldiers and sail- ors of the Mexican, Florida, and Blaei Hawk wars, and certain widows of decea ed 

soldiers and sailors of said warst be made a special order for Thursday the 4th day 

of January next, after the mornmg hour, and from day to day thereafter until disposed of, not to interfere with the general appropriation bills. 

:Mr. HALE. I must object to the adoption of this resolution. I 

think that, with the small number here and in view of the general 

understanding that no business should be done to-day, we should not 

go on and set business for the future when the whole House shall be 

here. For that reason I must object. 

COUNTrnG ELECTOR.AJ, VOTES. 

Mr. SPRINGER. The committee appointed yesterday to confer 

with the similar committee on the part of the Senate in reference to 

counting the votes for President and Vice-President have instructed me to report the following resolution and ask its adoption at this 

time: 

Resolved, That the special committee to confer with a similar committee on the 

part of the Senate in reference to counting the electoral votes for President and 

Vice-Pre ident be authori:l'ied to compile and print for the use of that committee 

and the House the proceedings and debates of Con~ess relating to the counting of 

the electoral votes from the first election of President and Vice-President to the 

present time ; and that said committee shall have power to employ such oleri.ca.l 

assistance as may be necessary in the preparation of said compilation. 

There being no objection, the resolution was adopted. 

REP .A YME.NT OF TONNAGE TAX. 

Mr. FAULKNER. I ask unanimous consent that the bill (S. No. 

994) to amend section 2931 of the Revised Statutes of the United 

States, so as to allow repayment by the Secretary of the Treasury of 

the tonnage tax where it has been exacted in contravention of treaty 

provisions, be taken from the Speaker's table and referred to the 

Committee on Foreign Affairs. 

Mr. GARFIELD. Not to be brought back on a motion to recon- sider. 

Mr. FAULKNER. Certainly. We simply desire to have the bill 

considered and acted on by the committee. 

There beingnoobjection, the bill was taken from the Speaker's table, 

read a first and second time, and referred to the Committee on Foreign .Affairs, not to be brought back on a motion to reconsider. 

.APPOINTMENT IN PAY DEP.A.RTME...~ OF THE .A.Rl\!Y. 

Mr. A. S. WILLIAMS, by unanimous consent, introduced a bill 

(H. R. No. 4275) to correc~ an appointment in the Pay Department of 

the Army; which was read a first and second time, referred to the 

Committee on Military .Affairs, and ordered to be printed.