1882. CONGRESSIONAL RECORD-HOUSE. 1057 

that on Monday I shall adopt the course which others have adopted, 

and ask the Senate to lay aside the resolution of the Senator from 

Kansas for the purpose of allowing me to make some remarks on the 

bill of the Senator from Vermont. 

Mr. ALLISON. Day before yesterday there was unanimous con- sent that a vote should be taken on the resolution of the Senator 

from Kansas yesterday. Of course the memorial services that intervened yesterday prevented that understanding from being carried 

out, and that was a very propar thing ; but it seems to me that the 

understanding had day bef9re yesterday justifies us in taking a vote some time to-day, or at least before adjournment. 

Mr. BUTLER: Will the Senator from Iowa permit me to make a 

stat-ement' 

Mr. ALLISON. Certainly. 

.Mr. BUTLER. Perhaps it is proper that I sh,oul~ state at this 

juncture what I have never stated before, and that is, that I accept th~ amendment of the Senator from Kansas to my amendment with 

the understanding that he will strike out the word" and" and insert the word "or," so that it will read "needy or disabled." 

Mr. INGALLS. I never inserted the word "and." The original 

amendment was wrongly printed in the RECORD. 

The PRESIDENT pro tempore. It is wrongly printed. It sbould 

be" or." 

Mr. BUTli.ER. I was advised of that fact, but I want~d it understood. I :Rave seen the original amendment offered by the Senator 

from Kansas, and the word " or" appears there. I desired to have 

that understood, so that there may be no misunderstanding about it, 

and hence I called attention to it. I therefore think it proper at this junc~nre to give notice that I accept the amendment of the Senator 

from Kansas as far as I can do so. That statement being made, it 

may perhaps shorten the discussion somewhat. 

Mr. INGALLS. The understanding wa-s reached day before yesterday by unanimous consent, and clearly accepted by all, a~ appears by 

the report of the debate in the RECORD, that a vote on the pending 

resolution should be had yesterday. The debate had nearly con- cluded when the legislative session of the Senate was interrupted by 

the arrival of the hour for pronouncing the eulogies upon a colleague 

in the House of Representatives of the Senator from South Carolina. 

In view of that fact, and in consideration of the further fact that 

important measures are pending, it appears to me that the Senate 

would do well to reach a vote on this resolution to-day. I ask the 

Senator from Ohio if he is not willing, in view of the facts as they 

appear, to allow the business to proceed, so that we may dispose of 

this matter and not let it go over until Mondayf If it goes over until 

Monday another debate may occur. The Senator from North Carolina 

[Mr. VANCE] has given notice that he desires to lay aside the pending 

business for the purpose of submitting some remarks upon the bill of 

the Senator from Vermont. 

Mr. MORRILL. .A.nd I desire to say that whenever the tariff bill 

is taken np again I wish to have the Senate continue that order of 

business nntii the measure is disposed of. 

Mr . .li~G.A.LLS. I am quite sure there can be no considerable debate further upon this resolution, .and it is one of safficient importance, I think, to justify me in asking action npon it. 

Mr. BUTLER. So far as it is necessary to do so, I concur entirely 

with the views expressed by the Senator from Kansas. It is only 

half past three o'clock now, aud I think it very likely that we could 

reacb a vote upon the resolution this evening. .A.s far as I am con- cerned, I am extremeiy desirous that that should be done, and I see nothincr to prevent our reaching a vote. 

Mr. IiA.RRIS. I hope the Senator from Ohio will withdraw the 

motion to proceed to the consideration of executive business, and 

that the Senator from Kansas will insiat, as he certainly has a right 

to do, in view of the understanding that was reached by unanimous 

con.sent two or three days ago, upon having a vote before the Senate 

adjourns to-day. I think it important to the business of the Senate 

that we should come to a vote upon the resolution, in order that 

other measures of importance may be taken up in their regular order 

and considered. I hope, however early or late it may be, that the 

Senate will dispose of this question this evening. 

Mr. PENDLETON. I have-certainly no disposition to do anything 

which would seem to be in violation of the understanding the other 

day that the Senate should come to a vote on the resolution yesterday. But yesterday the debate went on until quite a late hour, and 

it was unfinished when the Senate adjourned. I understand that 

there are gentlemen now ready to take the floor upon the resolution, 

And that it will not be possible, probably, to reach a vote to night. 

If nobody desires to speak, I have no disposition to cut off an immediate vote upon the resolution; but I understand the ~enator from 

}<"'lorida and others are prepared to go on with the discussion, and I 

do not think 'it can be finished to night. Therefore I insist upon my 

motion to go into executive session, without desiring in the lea&t 

unduly to interfere with the convenience of the Senator from Kansas or any understanding that the Senate m::ty have reached the other 

day. 

Mr. BUTLER. I shall b-e influenced semew hat in my action by the 

wishes of the Senator from Florida. If he prefers to proceed with 

his rema,rks this evening--

Mr. CALL. I am entirely willing to submit the question to the 

XIII-67 

Senate. I shall not occupy a very great while, and I am willing to 

submit to whatever may be the pleasure of the Senate upon the subject. 

Mr. McMILLAN. I think it is too late an hour now to proceed 

with the discussion of this matter. No gentleman should be asked 

to take the floor upon a question of this kind at so late an hour in the 

day. It is nearly four o'clock, our usual adjourning time, and I move that the Senate adjourn. 

l\fr. PENDLETON. Why not let us have an executive session f 

Mr. McMILLAN. If the Senate is ready to vote on the motion of 

the Senator from Ohio to go into executive session I shall not interfere with that motion, hut will withdraw the motion to adjourn. 

The PRESIDENT p1·o tempo-1'e. The question then is on the motion 

of the Senator from Ohio, [Mr. Pru.."'DLETON,] that the Senate proceed 

to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. .After twenty-three miautes spent 

in executive session the doors were reopened, and (at four o'clock and 

three minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, February 10, 1882. 

The Housemetattwelve o'clock m. Prayer by the Chaplain, Rev. 

F. D. POWER. 

The Journal of yesterday wa.s read and approved. 

ASSISTANT CLERK FOR APPROPRIATIONS COMMITTEE. 

Mr. PRESCOTT. I call for the regular order. 

llr. ATKINS. I am directed by the Committee on Appropriations 

to report the resolution which I send to the Clerk's desk. 

The Clerk read as follows: 

Resolved by the HO'l.UJe of Representativu, That the Committee on Appropriations 

be, and the same is hereby, authorized to employ an additional assistant clerk, a.t an annual compensation of $1,200. 

Mr. ATKINS. I ask con ent that the resolutiQn be considered and 

adopted at this time. 

The resolution was adopted. 

llr. ATKINS moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table. • • 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

Mr. DARRELL. I ask consent to introduce a bill for reference. 

Mr. T .A. YLOR. I call for the regular order. 

llr. DARRELL. As I am going away from the city and will net 

be here on Monday, I ask consent te introduce a bill at this time. 

1\Ir. TAYLOR. I will withdraw the call for that purpose. 

PUBLIC BUILDING AT MORGAN CITY, LOUISIA..~A. 

Mr. DARRELL, by unanimous consent, introduced a bill (H. R. No. 

4215) to provide for the construction of a public building at Morgaa 

City, State of Louisiana; which was read a first and second time., 

referred to the Committee on Public Buildings and Grounds, and 

ordered to be printed. 

LEAVE OF ABSE~CE. 

By unanimous consent, leave of absence was granted to Mr. HEwITT, of New York, until Tuesday next. 

ORDER OF BUSINESS. 

)lr. TAYLOR. I call for the regular order. · The SPEAKER. The regular order is the morning hour, for the 

call of committees for reports. 

llr. PRESCOTT. In view of the fact that the apportionment bill 

is now pen din~ before the House, al thong h there are sixty or seventy 

bills on the Pnvate Calendar, with the idea of taking the sense of the 

House, I move that the morning hour and the Private Calendar as such 

be dispensed with and that the House now proceed to the consideration of the apportionment bill. 

llr. RANDALL. You cannot dispense with both on <me motion. 

The SPEAKER. The Chair will entertain the motion of the gentle- man from New York [Mr. PRESCOTT] to dispense with the morning 

hour. 

~lr. PRESCOTT. I make that motion. 

The SPEAKER. It requires a tw0-thirds vote to agree to that 

motion. 

The motion was not agreed to npon a division-ayes 88, no-es 62 ; 

two-thirds not votincr in favor thereof. 

Mr. SPRINGER. Now let us have the regular order. 

The SPEAKER. The regular order ~ the morning h6~ for ~he 

call of committee for reports of a pnvate character, this bemg 

Fridaf 
1058 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, 

JAMES REA. 

Mr. HUMPHREY, from the Committee on the Judiciary, reported 

oack the joint resolution (H. R. No. 93) to authorize the Secretary of 

:)tate to allow for expenditures within nameJ to James Rea, late con- :;o.J at Belfast, Ireland, and moved that the committee be discharged 

from its further consideration and that the same be referred to the 

Jommittee on Foreign .Affairs. 

The motion was agreed to. 

RECIL.~AGEL & CO. 

Mr. REED, from the committee ou the Judiciary, reported back 

bhe bill (H. R. No. 2203) f<ilr the relief of Recknagel & Co., and 

moved that the committee be discharged from its :further considera- ~ion and that the same be referred to the Committee on ·ways and 

Means. ' 

The motion was agreed to. 

THOMAS G. MACKEY AND OTHERS. 

l\lr. REED also, from the same committee, reported back the bill (H. 

R. No. 3309) for the relief of Thomas G. Mackey and the heirs-at-law 

of William A. Hyde, and moved that the ~ommittee be di charged 

ft·om it further con ideration and that the same be referred to the 

Committee on Naval .Affairs. 

The motion was agreed to. 

1\""EWTOWN NATIONAL BAXK, ~IASSACHUSETTS. 

l\Ir. HAMMOND, of Georgia, from the Committee on the Judiciary, reported back with amendments the bill (H. R. No. 701) 

making appropriations for the relief of the First National Bank of 

lrewtown, Massachusetts; which was referred to the Committee of 

the Whole on the Private Calendat·, and, with the accompanying 

report, ordered to be printed. 

L~TEREST ON JUDGME. T L~ COURT OF CLADIS. 

Mr. HAMMOND, of Georgia. I am also directed by the Committee on the Judiciary to report a bill to amend section 1090 of the 

Revised Statutes of the United States, relating to interest on judgment in the Court of Claim . The SPEAKER. That is a public bill. 

Mr. HAMMOND, of Georgia. It is a public biJ, but is connected 

with the same matter as the one I have just reported. 

The SPEAKER. Under the pra,ctice of the House only bills of a private character can be reported on this call on Friday. 

l\lr. HAMMOND, of Georgia. Then I will retain the bill. 

• WALL STREET NATIONAL BA....~K. 

l\b. FLOWER, from the Committee on Banking and Cmrency, r - ported back with favorable recommendation the bill (H. R. No. 3870) 1l0 change the name of the National Mechanics' Banking Association 

of New York to Wall Street National Banlr. 

The SPEAKER. The uill will be referred to the Committee of the 

Whole on the Private Calendar. 

l\Ir. CRAPO. Should not that bill go to the House Calendarf 

The SPEAKER. If it belongs to the House Calendar, then it 

must be a public bill and not in order under this call. As it relates 

to a private corporation, the ChaiT is inclined to think that it should 

go to the Private Calendar. ~Ir. CRAPO. The principal consideration is early action on the 

uill. Sending it to the Private Calendar is postponing the time for 

its consideration. 

The SPEAKER. The Charir thinks it must be referred to the Piivate Calendar if reported under this call. 

The bill was accordingly referred to the Committee of the Whole 

en the Private Calendar, and the accompanying report ordered to be 

printed. 

THOl\IAS SAMPSON. 

Mr. PAGE, from the Committee on Commerce, reported back with a favorable recommendation the bill (H. R. No. 3025) for the relief of 

Thomas Sampson; which was referred to the Committee of the Whole 

Rouse on the Private Calendar, and the accompanying report ordered 

to be printed. 

FOX AND WISCONSIN RIVERS IJ\IPROVE~IE.NT. 

~Ir. GUENTHER, from the Committee on Commerce, reported 

back the following resolution; which wa-s read, considered, and 

adopted: 

Resoloed, That the Secretary of War be, and he is hereby, directed to inform this 

Heus&-

First. Whether the dam maintain d as a part of the Government works on the Fox ancl Wit~consinRiversimprovementatMenawa, Wisconsin, wasnotoneofthe 

ptincipal ag nciea in producing the high t~tage of water in Lake Winnebago during 

tho fall of 1881' whereby &eat damage was a one business, bro.Herty, and interests 

~a~~sc~o': ~~!'b~i~~f the fa~e~shkot~h, situate upon its 01: ers, by overflow of 

~econd. Whetl1er the continuance of said dam at its pre ant height is essential to the improvement of Fo,x: River, when coru;idered independently of any question of water-power interesta belonging exclusively to private partie . Thirrl. Whether the aid dam may not be lowered so as to perntit the waters of 

the lake to discharge in such volume as to prevent a recurrence of the back-water 

floods of 1881, without impairing the efficiency of the improvement and without 

causing any milical ,,hange in the present adopted plans for the work. .d.nd, if it 

may be so lowered, then that the said Secretary shall report to this House to what e t it may be so lowered, together with plans and specifications for the work, 

and an estimate of the cost thereof. 

:Mr. GUENTHER moved to recon ider the vote by w1uch the r o- lution was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

WILLiill SCH"CCHARDT. 

Mr. LORD, from the Committee on Foreign .Affairs, reported a uill 

(H. R. No. 4216) for the relief of William Schuchardt, United Sta.tes 

commercial agent at Piedras Negras, Mexico; which was read a first 

and second time, refened to the Committee of the Whole Hou ·e on the Private Calenuar, and, with the accompanying report, ordered 

to be printed. ORDEI~ OF B Th"'"E • 

1\Ir. WILLIAMS, of 'Viscon in. l\Ir. Speaker, is it in oruer to present a privileged report at this timet 

The SPEAKER. It has been the practice to treat privilt,ged re- ports-reports bringing back re olutions ofinquiry-as in order under 

this call. But the Chair ha uniformly stated that it was not re- garded as the best llractice to bring in during the morning hom a re olution of t.hat character, which might sometimes give rise to debate and occupy the whole hour. Such reports are in order at any 

other time as well as now. A report of that character will be entertained, if the gentleman from Wisconsin desires to submit it. ~Ir. WILLIAMS, of Wisconsin. I will accept the suggestion of the 

Chair, and withhold the report for the pre ent. 

GENERAL ALVORD. 

Mr. WHEELER, from the Committee on Military Affairs, reported 

back with a favontble recommendation the bill (H. R. No. 1113) for 

the 1·elief of General Alvord; which was referred to the Committee 

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

report ordered to be printed. 

Mr. BRAGG. By direction of the Committee on Military A-tL'lir, 

I have leave to file the views of the minority on that bill, and ask 

that they may ue printed with the majority report. 

The SPEAKER. In the absence of objection, the request of the 

gentleman will be granted. 

There was no objection. 

BURTON ARMSTRONG. 

1\Ir. DAWES, from the Committee on Invalid Pensions, reported 

back with amendments the bill (H. R. No. 2559) granting a.n increase 

of pension to Burton Armstrong; which was referred to the Committee of 1ihe Whole Hou e on the Private Calendar, and the accompanying report ordered to be printed. 

ROSETTA L. 1\11KA Y. 

Mr. DAWES, from the same committee, reported back with amendments the bill (H. R. No.1225) granting a pensio::t to Mrs. Rosetta L. 

McKay; which was referred to the Committee of the Whole Housb on the Private Calendar, and the accompanying report ordered to bt. 

printed. 

STAFFORD PALMER. 

~Ir. DAWES also, from the same committee, reported back adversely the bill (H. R. No. 1263) granting a pension to Stafford 

Palmer; which was laid on the table, and the accompanying report 

ordered to be printed. 

ELIJAH W. PE~. 

Mr. :MATSON, from the Committee on Invalid Pensions, reported 

back with amendments the bill (H. R. No. 2005) to increase the pension of Elijah W. Penny; which was referred to the Committee of 

the Whole House on the Private Calendar, and the accompanying 

report ordered to be printed. 

HENRY BL~AMON. 

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

amendments the bill (H. R. No. 243) to increase the pension of Henry 

Binnamon; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be 

printed. 

WILLIA]>l H. H. ANDERSON. 

~lr.l\iATSON,from the same committee, reported back with afavorab1e recommendation the bill (H. R. No. ~248) granting a pension t.o 

William H. H. Anderson; which was referred to the Committee of 

the Whole House on the Private Calendar, and the acc~mpanying 

report ordered to be printed. ' 

LIEUTENANT JOH..~ DIXON. 

1\Ir. BROWNE. I am directed by the CommHtee on Invalid Pensions t-o ask that they be di charged from the further consideration 

of the bill (H. R. No. 370 ) for the relief of Lieutenant John Dixo11, 

and that it be referred to the Committee on Appropriation . It simply appropriates four hundred and ninety odd dollars, and that is all 

there i::; in it. 
1882. CONGRESSIONAL RECORD-HOUSE. 1059 

The SPEAKER. It makes an appropriation for what purpose f 

Mr. BROWNE. For the pay of a lieutenant of the .Army during 

the war of the rebellion. 

The SPEAKER. Then it is in the nature of a claim, and ought to 

go to the Committee on War Claims. 

Mr. BROWNE. Perhaps it should. I so modify my motion. 

The SPEAKER. If there be no objection, the Committee on Invalid Pensions will be discharged from the further consideration of thi 

bill, and it will be referred to the Committee on War Claims. 

There was no objection, and it was ordered accordingly. 

REBECCA REYNOLDS. 

Mr. JOYCE, from the Committee on Invalid Pensions, reported, as a substitute for House bill No.1397, a bill (H. R. No. 4217) grantina- an increase of pension to Rebecca Reynolds; which was read a fir~t and second time, referred to the Committee of the Whole House on the Privaie Calendar, and, with the accompanying report, ordereu to be printed. MARY P. THOMPSO~. 

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

(H. R. No. 1519) granting a pension to 1\lary P. Thompson; which was referrecl to the Committee of the Whole House on the Private Calenda-r, and, with the accompanying report, ordered to be 

printed. 

JOSEPH H. CROW. 

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

back adversely the bill (H. R. No. 212) granting a pension to Joseph 

H. Crow; which was laid on the table, and the accompanying report 

OJ:dered to be printed. 

ELIZABETH BERTRA.t"U. 

Mr. CULLEN also, from the same committee, reported back adversely the bill (H. R. No. 2754) granting a pension to Elizabeth 

Bertram; which was laid on the table, and the accompanying report 

ordered to be prjnted. 

PERRY A. LEATHERBERRY. 

Mr. MASON, fi·om the Committee en Claims, reported back the bill 

(H. R. No. 3134) for the relief of Perry .A. Leatherberry; which was referred to the Committefi of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. 

SALMON B. COLBY. 

On motion of .Mr. :M.ASON, the Committee on Claims was discharged 

from the further consideration of the bill (H. R. No.10,5) for therelief of Salmon B. Colby; and the same was referred to the Committee on War Claims. 

WILLIAM F. MARTIN. 

~Ir. OATES, from the Committee on Claims, reported back the bill 

(H. R. No. 2151) to pay William :F'. Martin, of Mobile, .Alabama, the 

value of one hundred half boxes of tobacco, illegally seized and sold 

by the collector of internal revenue at New Orleans; which was re- ferred to the Committee of the Whole House on the Private Calendar, 

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

ROBERT L. l\11CONNAUGHEY. 

Mr. OATES also, from the same committee, reported a bill (H. R. 

No. 4218) for the relief of Robert L. McConnaughey; which was read a first and second time, referred to the Comunttee of the Whole 

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

ordered to be printed. 

JOSEPH R. SHANNON. 

On motion of Mr. BUCHANAN, the Committee on Claims was discharged from the furlher consideration of the bill (H. R. No. 549)for 

the relief of Joseph R. Shannon; and the same was referred to the 

Committee on War Claims. 

IIA..RDIE R. BROW~. 

Mr. HOUK, from the Committee on War Claims, reported, as a substitute for House bill No. 1601, a bill (H. R. No. 4219) for the relief of 

Hardie R. Brown; which was read a first and second time, referred 

to the Committee of the Whole House on the Private Calendar, and, 

with the accompanying report, ordered to be printed. 

WILLIAM T. SEWARD. 

Mr. HOUK also, from the same committee, reported, as a substitute 

for House bills Nos. 2291 and 2771, a bill (H. R. No. 4220) for therelief of William T. Seward; .which was read a first and second time, 

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

NAPOLEON B. GIDDINGS. 

Mr. HALL, from the Committee on War Claims, reported back 

adversely the bill (H. R. No. 938) for the relief of Napoleon B. Giddings; which wa.s laid upon the table, and the accompanying report ordered to be printed. 

~\'ICHOLAS BUSH. 

Mr. HALL also, from the same committee, reported back adversely 

the petition of Nicholas Bush for relief; which was laid on the table, 

and the accompanying report ordered to be printed. 

LA GRANGE SYNODICAL COLLEGE. 

1\Ir. HALL also, from the same committee, reported back adversely 

the petition of the trustees of the La Grange Synodical College; 

which was laid ou the table, and the accompanying report ordered to 

be prinied. R. W. WINBOURN. 

M.r. ROBERTSON, from the Committee on War Claims, reported 

back adversely the petition of R. W. Win bourn; which was laid on the tahle, and the accompanying report ordered to be printed 

ADJOUR~~~T OVER. 

:Mr. l>lTh'lli'ELL. The call of committees I believe has been con- cluded. 

The SPEAKER. The call of committees has been completed. 

Mr. DUNNELL. I move that when the House a{}journs to-day it 

adjourn to meet on Monday next. 

Mr. ROBINSON, ofNewYork. Idemandtheyeasandnaysont hat 

motion. 

The yeas and nays were not ordered, 13 only voting in the affirmative. 

The motion was agreed to. 

Mr. DUNNELL. I move to reconsider the vote by which the Honse 

agreed to adjourn over till Monday next; and also move that the 

motion to reconsider be laid on the table. 

The SPEAKER. The Chair hears no objection, and the latter 

motion is agreed to. 

INTE&~AL IMPROVEMENTS. 

Mr. CALKINS. Mr. Speaker, I have a communication from Ron. 

.A. G. Porter, governor of Indiana, relative to internal improvements, 

together with a copy of a letter from Lieutenant J . .A. Smith, Uuiteu 

States Engineers, and a statistical table, which I ask may be printed 

in the RECORD and referred to the Committee on Commerce. 

The SPEAKER. The Chair hears no objection, and it is ordered 

accordingly. 

The papers are as follows: EXECUTIVE DEPARTliEXT, 

Indianapolis, Indiana, February 3, 1882. 

DEAR Sm: It has long been apparent that the work of river and harbor improve- ment in the State of Iriruana has not received the consideration to which their 

absolute or relative importance would entitle them. 

The harbor works at Michigan City have been the means of creating and fostering an ext~nsive commerce, not only of local, bnt of great general importance. It 

is entirely due to these works that in the past four years the business and population have increased more than threefold. .At present the only limit to further growth seems to be the harbor room which can be furnished. It is believed that but few 

places can show as great a return for money ~xpended. 

The small appropriations hitherto have left the harbor incompJ.ete, an() therefore 

insecure, so that the full benefits have not been realized ; meanwhile this incom- pleteness has resulted in the wreck of several vessels. 

The work is now in such condition a.q to render a large appropriatio!llof unusual 

importance, and it cannot be too strongly urged npon the attention of those who 

represent the interests of this State in Congress. 

Much the same may be said of the improvements on the Wabash and White Rivers; 

their valleys are among the richest agricultural sections of this country. A large traffic is sprmging up on these waters, mainly due to improvements made 

in the last three orfour years. Statistics and letters in this office how conclusively 

that in the last year alone the net benefit to business and farming interest5 was more than the total expenditures in four years. The improvements on the Wabash River have been confined to that portion be- tween Indiana and lllinois, so that both States ha;,e shared the benefits. I hand you herewith a tabulated statement giving certain figures on this subject to show that in the distribution of these benefits India.na, while contributing more than most States to the material and commercialinterestsof the country, has actu- ally and relatively been placed at the bott~m of the list. 

I have had the table compiled from reliable sources, and while it is not beyond 

revision or modification, it will be found essentially coiTect, and it is a fair sample 

of what has obtained in previous years. The only States which show a less relative amount than Indiana would be otherwise indicated were the appropriations for the Mississippi and its two largest tributaries locally distributed. 

In addition to figures in this table surveys were ordered in most of the States, 

in some of +.hem several, looking to the extension of such works of imyrovement, 

while in Indiana there were none. I have thus asked j"'Our attention to this matter, believing it worthy the attention ef our delegation, and I shall gladly furnish a copy to any of them who may uesixe it. 

Yours, very truly, 

A. G. PORTER. Hon. WILLIA1>1 H. CALKIXS, M. C. 

MY DEAR SIR: I inclose to you a tabulated statement prepared by MaJor .Tared 

.A. Smith, United States Army, showing lhe river and harbor appropriatsions made 

by Congress and the relative amounts received by e!Wh of the States. 

It v.'ill be .Perceived that the amounts appropriated for the benefit of Ind;iana 

have been sm!!ularly small in proportion to those received by mo t of the States, 

The table will:=':i believe, l.Je of use to yon when the river and h11.1bor bill shall be unuer consideration. 

I have the pleru;ure of inclosing to you a letter addre sed to me by Major Smith at the time he tranRID.i;ted his tabrilatecl statement. As the letter is a rather lengthy one I have sent, a copy of it to you, Mr. Peelle, and General Harrison. Yon c::m show it to the other members. Yon will find it worlby of serious consideratio& 

Very respectfully, .TARED A. SIDTH, Major of Enaineers, United States .Anny. 

Ron . .A. G. PORTER, Governor of Indiana. 
1060 CONGRESSIONAL RECORD-HOUSE. FEBRU .. ARY 10, 

Tabulated statement of population, valuatwn of p1·ope1'ty, a1Id amounts approp1'iated for river and ha1·bor improvement-s, by act of Ma1·ch 3, 1881, 

slwwimg the relatit·e amounts t·eceived by each State. 

:a 0 til 0 

;I 0 0 ~0 

~ 00 ,...;- '-'0 00 ~ 0 ... 

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·~g CIS 0 

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..; Po ~:! § .s ~~ c:l ::l p,g ~ ~~ p,bO 

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Po 0 Po -~ bO ::l 0 ~ 0 = §'i ~; "" c. ... ... 

Po 8$ ~ ~ ~.:: §';a .a §' ctl §'o ~=-<ce 

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~ 0 0 

c;s 

~ 0 ~~ 

s Po ~= 

~ ~ ~ 

~ 0 ctl~ 

~ Poi ~ 1>- ~ 

Alabama ..... -- $329,000 1, 262,505 $0 26.0 507 $122, 867, 228 $2 67.7 1,954 

.A\rka.nsas -.. -- . 94,000 802,525 11.7 260 86,409, 3M 1 08.8 794 

California .... .. 241,000 864,694 27.8 618 584, 578, 036 41.2 251 

Connecticut .... 188,800 622, 700 30.3 673 327,177,385 57.7 421 

Dist. Columbia.. 50,000 177, 6~4 28.0 622 99,401,787 05.0 36 

Dakota ..... . .. . 29,000 135,177 21.4 475 20,321,530 1 42.7 1, 050 

Delaware ...... 126,500 146,608 86.8 1, 911 59,951,643 2 11.0 1, 540 

.Florida ......... 222,000 269,493 82.5 1,833 30,938,309 7 16.6 5, 230 

~r£~:~::.'.': : 221,500 1, 542,180 14.3 317 239, 472, 599 92.1 672 49!!, 000 3, 077,871 16.2 360 786, 616, 394 63.3 462 

Indiana .... .... 90,000 •• 978,301 0.!.5 100 121,815, t:n 13.7 100 

Iowa• ...... .... ,00 1,69...4, 615 *00.3 •7 398, 671, 251 *OL 5 *11 Kansas .......... 22,00 I 996,096 *02. 2 *48 160, 891, 689 *13. 6 *99 Kentucky . ..... 213,000 1, 648,690 12.9 286 350, 563, 971 60.7 443 

Louisiana ...... 214,700 939,946 22. 8 506 160, 162, 439 1 34. 0 900 Maine .......... 105,000 648,936 16.1 358 235, 978, 716 44.5 324 Maryland ...... 209, OOJ 934,943 22.3 495 497, 307, 675 42.0 306 

Ma88l1ChUBetts. 239,000 1, 783,085 13.4 297 1, 584,756, 802 01.5 11 

Michigan ...... 502,500 1, 636,937 30.6 680 617,884,359 97.0 708 

Minnesota ... . . 94,000 780,773 12.0 266 258, 028, 687 36.4 265 

Mississippi* ... . 63,500 1, 131,597 *05. 6 *124 110, 628, 129 *57 4 * 19 

Missouri* ... .... 43,000 2,168, 380 *02.0 *44 532, 795, 801 *08. 0 *58 

Montana . ...... 10,000 39,159 25.7 571 18,609,802 53.7 392 

New Hampshire 47,500 346,991 13.6 302 164,299,531 28.9 411 New .Jersey ... . 382,500 1, 131, ll6 33.8 751 572, 518, 361 66.8 287 Ne"WYork ...... 562,000 5, 082,871 11.0 244 2, 651, 940, 006 21.1 154 North Carolina. 317,750 1, 399,750 22.6 502 156,100, 202 216.3 1, 578 Ohio ........... 334,500 3, 198,062 10.4 231 1, 534, 360, 508 21. 8 159 Oregon ......... 215,000 174,768 1 23.0 2,730 52,522,084 4 09.3 2, 987 Pennsylvania ... 249,000 4, 282,891 05.8 129 1, 683,459, 016 14.8 108 RlwJe Islanct. .. 95, 000 276,531 34.3 762 252, 536, 673 37.6 274 

South Carolina. 227,500 995,577 22.8 506 133, 560, 135 1 70.3 126 Tennessee ... ... 1113,000 1, 542,359 10.5 233 211,778, 538 76.9 561 Texas ......... . 750,000 1, 591,749 46.9 1, 042 320, 364, 515 2 34.1 1, 714 Vermont ....... 14,500 332,286 04.3 95 86,806,775 2 13.5 1, 558 Virginia ........ 268,050 1, 512,565 17.7 393 308, 455, 135 86.8 633 West Virginia . . 263,500 618,457 42.6 946 139, 622, 705 1 88.7 1, 377 Wash. TelTitory 1, 000 75,116 01.3 29 23,810,693 04.2 30 Wisconsin ..... 383,000 1, 315,497 29.1 646 438, 971, 751 87.2 636 

Mississippi Riv. 2, 490, 000 This amount does not include the sum paid .James B. 

Eads for improvements of South Pass of Mississippi River. 

Missotu-i River 405, 000 This amount belonli: more especially to the Stat-es of 

Missomi, Iowa, ebraska, and Kansas. 

Ohio River .... . . 392, 000 This amount is principally expended on the river 

above Cincinnati. 

*See different notes regarding appropriatioUB for Mississippi and Missouri Rivers. 

Appro-priations for improving waters forming the boundary between States have 

been diVIded between such Stat-es as nearly as possible in :\)roportion to the b01md· 

aries so formed. The apJ)roplia.tions for the Mississippi, Missouri, and Ohio Rivers, owing't~ their length and general importance, are not apportioned to the adja~ent 

States. 

ORDER OF BUSINESS. 

Mr. VALENTINE. I demand the yeas and nays on the motion to 

lay on the table the motion of the gentleman from Minnesota to 

rec<msider the vote by which the House agreed to adjourn over to-morrow. 

The SPEAKER. The Chair thinks the demand is too late. 

:Mlr. VALENTINE. I ma-de the demand at the proper time. I 

stood here in my place demanding it, and endeavored to get the 

attention of the Chair. 

The SPEAKER. The Chair did not understand the gentleman as rising for that purpose. 

J\.k. VALENTINE. That is not my fault. If there is too much 

confusion .here for a member to be heard he ought not to be held 

responsible for it. I ought to have reached the Speaker and was endeavoring to do so. 

The SPEAKER. Does the ~ntleman insist upon the demand t 

:Mr. VALENTINE. I do insiSt upon it, and have been insisting 

upon it. 

Mr. BELTZHOOVER. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. BELTZHOOVER. There is so much confusion in the hall 

that it is utterly impossible to undel!stand what is going on. The SPEAKER. The point of order is well taken. The House must 

be in order, and public business will be suspended until gentlemen resume th~_t lot 

Mr. V AL.ENTINE. The motion was put by the Speaker, and declared to be carried, before the House knew anything about it. Nor 

has there been any announcement made by the Speaker that this was ordered by the House. 

The SPEAKER. The Chair is of opinion that the gentleman is 

mistaken, and that the announcement was duly made to the Hous . Mr. VALENTINE. The announcement wa.s certainly not understood by the House. I should have objected to it myself, and I think 

that other gentlemen around me did object to it. 

Mr. CAMP. When the Speaker stated that without objection the 

motion to reconsider would be laid upon the table I did object at the 

time, but in the confusi61n I am uot sure that the objection was heard. 

The SPEAKER. The Ckair is of opinion if a gentleman states 

that he demanded a vote upon this or any other proposition, and on account of the confusion in the House his demand was not recognized 

by the Chair, that he should not be cut off from his right to demand a vote. 

Mr. ROBESON. I wish to make a parliarmentary inquiry. 

The SPEAKER. The gentleman will state it. ~Ir. ROBESON. I wish to inquire if a member rises in this House 

and appeals to the Speaker, and the Speaker does not hear him, d'Oes 

not recognize his motion, does he have any right f Does not his right 

depend upon the recognition of the Speaker, and if under the circumstances he is not heard, and his motion, whatever it may be, is 

not entertained, can he thereafter claim as a matter of privilege 

that if he had obtained the eye of the Speaker he would have done so and sot 

Mr. VALENTINE. But I did so at the time; I demanded the yeas 

and nays. ~Ir. ROBESON. The question I raise is one of absolute fact, 

whether, under the circumstances, a gentleman claiming to have 

made such a demand, and not being recognized for the purpose, has 

any right in the premises. ~Ir. DUNNELL. If I am allowed to do so, I will withdraw the 

motion to reconsider. 

The SPEAKER. The Chair will state, in response to the gentle- man from New Jersey, that it is clearly of opi.nion if, owing to the 

confusion in the House, any gentleman was unable to make a demand of the Chair which he was entitled under tbe rules and practice of the House to make, that he should not be cut off from that 

privilege. The only question, however, in this connection is how 

long after that demand a gentleman may remain in his seat and not 

press his claim to recognition where he has demanded to be recognized. 

Mr. HAWK. That is clearly the point. 

The SPEAKER. But under the circumstances, if the gentleman 

from Nebraska insists upon his motion, the Chair will submit the 

question to the House as to whether it will order the yeas and nays on the motion to reconsider. 

Mr. BOWMAN. I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will sta.te it. 

Mr. BOWMAN. Inasmuch, Mr. Speaker, as this question may be- come a precedent, it ou~ht to be settled with a view to the futUl'e 

practice of the House. 1 therefore raise this parliamentary inquiry, 

whether when a gentleman claiming recognition has not been rec- ognized by the Chair ro make his motion, and intervening busine s interposes such as in this case, or several subjects of intervening 

business come between-whether he can then be recognized on a statement of the fact that he attempted to obtain the recognition of 

the Charir; and if so, after how long a time can he make such a claim- a half hour, three hours, or the next day t What is the limit of the 

intervening business tbat may come in and cut him off from that 

rightt 

The SPEAKER. The Chair will state that there can be no difficulty about the question submitted by the gentleman from Massachusetts. But the question now before us is a different one. In declaring the result of the vote, and under the form of practice of the 

House, it is the right of any member to demand the ayes and noes or a division of the House. It is not therefore a question of recognition, but it is a question of absolute right for a member to make 

that demand, and he is bound under th& practice to have recognition 

for that purpose. 

1\Ir. BOWMAN. If the Chair will permit me I will suggest, however, that if I remember right, a petition was introduced and leave was given to put in the record or it was referred to a committee, or some such proceedin~ took place. There was therefore intervening 

business transacted mdependently of the former motions, and the 

question is, where does the right to make a demand to be recognized 

for such purpose stop if a member may come in and .say, "I could 

not obtain thereco~tion of the Chair, I could not catch the Speaker's eye, and theretore now, after inter\tening business of five minutes, or a haJ:f hour, or three hours, because I could uot catch the 

Speaker's eye, I want to come in and press the motion." 

The SPEAKER. In answer to the gentleman from MassachUBett ·, the Chair would say it is of opinion that the gentleman making such a demand must not abandon it, or if he does he loses the right to 

make ft. 

Mr. RANDALL. I demand the regular order. 

Mr. VALENTINE. I wish to say that the question of the ~entleman from :Massa-chusetts [Mr. BoWMANJ is not involved in this. 
1882. CONGRESSIONAL RECORD-HOUSE. 1061 

The SPEAKER. Has the gentleman from Nebra-ska insisted on his 

dAmand! 

Mr. VALENTINE. I have, and have done so all the time. 

Mr. DUNNELL. I ask unanimous consent to withdraw the motion 

to reconsider. 

Mr. CAMP. I object. The SPEAKER. The gentleman from Nebraska demands the yeas 

and nays on the motion to lay on the table the motion to reconsider 

the vote by which the House agreed when it adjourns to-day to adjourn over until Monday. 

The que tion being taken on ordering the yeas and nays there were ayes 22, not a sufficient number. 

l\fr. VALENTINE. I call for tellers on the yeas and nays. 

On the question of ordering tellers there were ayes 15, not one- fifth of a quonrm. 

The SPEAKER. Tellers on the yeas and nays are refused. The 

yeas and nays are refused, and the motion to lay on the table the 

motion to reconsider is agreed to. 

ORDER OF BUSINESS. 

l\fr. TAYLOR. I mov8 that the House resolve itself into Committee of the Whole House for the consideration of the Private Calendar. 

Mr. CASWELL. 1\fr. BOWMAN. 

The SPEAJ{ER. 

Mr. CASWELL. 

?til:. BOWMAN. 

also. 

I desire to say one word. 

Is the motion debatable Y 

It is not. 

I desire simply to say--

If debate is allowed we want debate on this side 

l\fr. CASWELL. I merely wish to say the Committee on Appropriations are ready to proceed with the post-office bill. 

1\lr. PRESCOTT. I move to amend the motion of the gentleman 

from Ohio, [l\fr. TAYLOR.] . The SPEAKER. Amendments to that motion are not in order. 

The question being taken, there were-ayes 90, noes 22. 

So (further count not being called for) the motion was agreed to. 

The SPEAKER. Pending the announcement of the vote the Chair 

will lay before the House a report from the Committee on Enrolled 

Bills. ENROLLED BILLS SIGNED. 

Mr. ALDRICH, from the Committee on Enrolled Bills, reported 

that the committ~e had examined and found trnly enrolled bills of 

the following titles; when the Speaker signed the same: An act (H. R. No. 1024) for the relief of Sidney P. Luther; and 

An act (H. R. No. 1670) for the relie(of E. J. Gurley. 

PRIVATE CALENDAR. 

The result of the vote was then announced and the House accordingly resolved itself into Committee of the Whole House to consider 

the Private Calendar, (Mr. JoYCE in the chair.) 

D. T. KIRBY. 

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

909) for the relief of D. T. Kirby. 

The bill wa-s read, as follows: 

Be it enacted, d:c., That the provisions of law regulating appointments in the 

Army are hereby suspended for the purpose of this !Wt, and only so far as they 

affect D. T. Kirby, late a. captain and brovet colonel in the United States Army; 

and the President can, if he so desire, in the exercise of his own discretion and 

judgment, nominate and, by and with the advice and consent of the Senate, appoint 

said D. T. Kirby to a. captaincy in the Army, and that he shall be assigned to the 

first V!Wallcy occurring m his grade in the ID.fantry arm of the service : Provided, 

however, That no pay, compensation, or allowance shall be given to said D. T. Kirby for the period he was out of the service. 

1\fr. HOLMAN. Let the report be read. I think the reports should 

be read on all those bills. 

The report was read, as follows : I 

The Committee on Military Affairs, to whom was referred the bill {H. R. No. 909) to restore D. T. Kirby, late captain and brevet colonel United States Army, in his grade in the infantry arm of the service, having considered the same and accompanying papers, submit the following report: .That the committee find the fa{)ts t~ be as stated in House Report No. 680, Fortysixth Congress, second session, which said report is hereto annexed and made part of this report, and is as follows : 

"[House Report No. 680, Forty-sixth Congress, second session.) 

"The Committee on Mill~ Affairs, to whom was referred the bill (H. R. No. 

S-1tO) for the relief of D. T. Kirby, respectfully report: 

"That on the breaking out of the war of the rebellion, D. T. Kirby was one of 

the first of the citizens of Missouri to offer his services to the General Government, 

and that he 1·ecruited, maintained, and organized an infantry company of one hundred men~hich was mustered into the service in June, 1861, as Company E, Eighth 

Missouri volunteer Infantry, and of which he was must.ered. as captain. Iri the same month he accompanied his regiment to the field~ when it joined the troops uuderGrant, at Paducah, Kentucky, 3.11d thereafter maae part of the army that cap- tured }fort Henry and Fort Donelson, and thereafter took part in the battles of Shiloh 

and Corinth, and all of the marches, battles, sieges, and assaults of the Army of 

the Tennessee that resulted in the ·capture of Arkansas Post, Vicksbargh, Mission 

Ridge, Atlanta., Savannah, and Jonesborough, and culminated in the surrender of 

Johnston's army of the Tennessee, at Durham Station, in North Carolina. 

"D.uring this four years he held, consecutively, the commissions of captain, lllllJor, 

and lieutenant-colonel, received four severe wounds, and was an active, intelligent, daring officer, and at the conclusion of the war was honorably mustered out of the 

military service of the United States with the brevet commissions of colonel and 

brigadier-general of volunteers, an<l the highest commendation from Generals Grant, 

Sherman, Logan, Blair, aud other officers with whom he served. "In 1866, on the reorganization of the regular Army, he was appointed a captain 

of the Thirty.ninth United States Infantry, and received the regular brevets of 

:major, for ChickaMwBayou, Mississippi; lieutenant-colonel, for assault on Vicksburgh; and colonel, for .Mission Ridge, Tenness~ and Rivers Bridge, South Carolina. ''In 1868, while serving with his regiment at Fort Pike, Louisiana., he was court- martialed on various charges and specifications. There were seven officers detailed for this trial, who a sembled at the time and place named in the order. The 

accused and the judge-advocate declined to challenge any one of the detail, and 

the court was accordingly organized with seven members, and proceeded with tbe trial. On the sixth day of the trial one of the members of the court was ex.cused 

from further attendance on account of sickness, and at the same time the judgeadvocate challenged .the president of the court because be believed him to be favorably disposed t~ward the accused. The accused objected to tbecourt entertaining 

the challenge, declarin~ the judge-advocate's motion to be in violation of all law 

and precedents goverrnng criminal trials both in civil and military courts, and 

especially repugnant to the eight hundred and eighty-ninth paragraph of the Army 

regulations, which declares iliat 'the seventy-sixth article of war does not confer on a court-martial the power to punish its own members.' 

"Notwithstanding this objection of the accused, the court determined: to ent~rtain the challenge, and on further motion of the prosecution it ordered the accused 

and his counsel to be excluded from the court-room, and, with closed doors spent 

nine days in trying the challenge, when, in OJ?Cll session, it sustained the eh~nge, and., dismissing the president, proceeded With five members to the conclusion of 

the trial, when it pronounced the sentence of dismissal against the accused. 

''When this !Wtion of the court came before the department commander who had 

ordered the court, for his revit'w and official action, he said of it : '' ' The action of the court in declaring the seat of General Mower va{)ant after he 

had been duly sworn to properly try the ca-se, and the trial had commenced, was a fatal error in its proceedinas.' ''In view of the fact that the charges were not fully sustained by the evidence, 

that the court was unquestionably disor~anized by the entirely illegal expulsion of 

the president and incapable of pronouncmg a valid sentence, and tlie fact that the act of July 13, 1866,( Statutes at Largs, vol.l4, p. 92,) declares that 'no officer in the 

military or naval service of the Unit~d States shall, in time of peace, be dismissed 

from service except upon and in pursuance of the sentence of a. court-martial to that 

effect, or in commutation thereof,' and of the exceptionally good war record of this 

officer, your committee report the accompanying substitute for said bill, (H. R. 3140,) 

and rec'Ommend that it be passed.'' 

The committee therefore adopt said House report as the report of this commit- tee, and report the accompanying bill for his relief, with the recommendation that 

it do pass. 

.APPENDIX. 

HEADQUARTERS SEVENTEE~'"TH .A.nMY CORPS, 

LouisrJille, Ktmttrel.."Y, June 16, 1865. 

GENERAL: I have the honor to request that Dennis T. Kirby, lieutenant-colonel Twenty-seventh Missouri Infantry, now on duty with me as picket;-{)fficer, be 

brevetted brigadier-general. 

Lieutenant-Colonel Kirby entered the service in May. 1861, as captain Eighth 

Missoun Regiment, and With his regiment participated m the Missouri campaigns 

and battles of Fort Donelson and Sliiloh. During the advance on Corinth he was promoted to maJor for gallantry at Russell House. He ~ain distinguished himself at Chicka-saw Bayou, and was wounded at Arkansas .t'ost, after which he par- ticipated in the campai~ against Vickburg, when, in the first a-ssault, be volunteered to lead the stormmg column. He had charge of the advance which crossed 

the Tennessee River in ponton boats and captured the enemy's pickets, the suc- cess of which contributed so much to the gr-.md and decisive results of the battles 

which followed. He commanded his regiment up to Kenesaw Mountain. In August. 

1864, he was transferred to the Twenty-seventh Missouri, after which he served upon my staff as picket-officer. He was wounded while leading a. cavalry charge, 

February 2, 1865, near Rivers Bridge, in the campaign from Pocataligo to Goldsborough. He has never been absent from his command on sick leave o:r furlough. I think that this promotion would be but a just acknowledgment of his distinguished service. 

Very respectfully, your obedient servant, 

FRANK P. BLAIR, 

Major-GeneralJOHN .A.. RAWLINS, 

Chief of Staff, Washington. 

Majw-General. 

[Indorsement on the foregoing.] 

Approved and respectfully forwarded to the Secretary of War. U. S. GRANT. 

HEADQUARTERS U~"lTED STATES .ARMY, June 23, 1865. 

HEADQUARTERS MILITARY DIVISION OF THE MlssiBSIPPI, 

Saint Louis, April 30, 1866. 

I take pleasure in recommending to favor Brevet Brigadier-General D. '.P: Kirby, 

United States Volunteers. He served under me in various cap!Wities during the 

whole war, and was universally esteemed a most active, intelligent, and zei!J.ous 

officer. I shall deem it but an a{)t of justice if be should receive from the Govern- ment of the United States an acknowledgment of his merits and services. W. T. SHERMAN. 

[Indorsement on the foregoing.) 

Major-General.. 

I concur in the statement of General Sherinan as to the merits of Brevet MajorGeneral D. Kirby. He proved himself to be a gallant and meritorious officer. 

U.S. GRANT, 

Jm'E 2, 1866. Lieutenant-General. 

To ~ohom it may concern: WASHINGTON, D. C., June 29, 1866. 

Brevet Brigadier-General D. T. Kirby served under my command during the 

time I had command of the Army of the Tennessee. He was remarkable for his 

gallantry on the field. I saw him near Rivers Bridge charge the enem:y:~t the head 

of a small regiment of mounted infantry, when he was wounded. He sliowed l!l'eat energy at all times, and specially distinguished himself as chief of statf of the Seventeenth Army Corps. I take great pleasure in bearing testimony to the brilliant 

military record of General Kirby, and trust he may be able to reap abundant fruits 

of his energetic and faithful labors during the war. Respectfully, 0. 0. HOW AID), 

Major·General, United States VolUnteers. 

WAR DEP ARTlffiNT, 

BUREAU OF REFUGEES, FREEDMEN, A.!.'D .ABANDONED LANDS, · Waahitngton, July 19, 1866. 

SIR: I desire to call your attention to the eminent services of Brevet Bri~radierGeneral D. T. Kirby, formerly lieutenant-colonel of the q'wenty-seventh Missouri 

Infantry. When rtook command of the Army of the Tennessee, General Kirby was the chief picket officer of the Seventeenth Army Corps, a positiol'l. requiring 
1062 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 10~ 

more than ordinary sagacity, intelligence, and bravery. In Colonel Kirby these 

qualifications were found to a remarkable depee. He was prompt and ener~etic, 

and when I knew that a line had been placea or inspected by him, I knew tnat it wn.s well done. During tbe time that I was in command of the army, he was often selected to conduct hazardous expeditions. He was wounded in a cavalry charge which be was leading, near Rivers Bridge, South Carolina. I have had frequent 

occasion to witness his coolness and bravery in dan_gerous positions. He desires to enter the regular Army, and I heartily recommend him for the 

position he seeks. · I am, sir, very respectfully, your obedient servant. 0. 0. HOWARD, Jrajor·General, United States Volunteers. Hon. E. M. STM~ON, Secretary of War. 

\V ASHINGTON, Jttly 23, 1866. 

. Sm: .J: wish to call your attention to th.e se~ce~ of General Kirby, formerly hen tenant-colonel of the Twenty-se¥enth MISsoun Infantry. I am well acquainooil 

with his services, having served under and with me in the Army of the Tennessee from its organization up to the disbandment of the same. He was at aU times a faithful, energetic, a.nd gallant officer, many times performing service deeds, and 

always doin~ his duty; be was often selected to do particular service on accatmt of his daring and good jud~ment ; he was severly wounded during the march of the army through South Carolina. No man is better qualified than he to fill a position in the regular Army. I would be greatly pleased to see him placed there, 

where he would certainly be of service to his cotmtry, and have his good offices 

appreciated by the Government. 

Very respectfully, 

Hon. E. M. STM'TON, Se.cretm"!J of War. 

To Ute President: 

JOHN A. LOGAN, 

(Late) Major-General. 

WASHINGTON, D. C., July 11, 1866. 

It is with pleasure that I bear witness to the military character of Brevet Briga- dier-General D. T. Kirby, who is an applicant for a po ition in the Rep:ular Army . General K. entered the service early in the war, and a.J:(lSe to his position as a gen- eral officer by merit ant! capacity. He wa-s for a long time on the staff of General 

Blair, and his bravery, energy, and military conduct attracted the attention of 

other officers, and caused him to sustain a reputation as good as the best. I have observed his conduct frequently, and hence am led to believe that the 

service will be benefited by his appointment to a grade equal to his merit, and sincerely trust that he may succeed in his application. 

Very respectfully, WM. W. BELKNAP, 

Late Brevet Major-General PO'Urth .Di. ~J'ision, Se-venteenth Corps. 

W ASHDIGTON, D. C. , July 14, 1866. 

Sm: I would respectfully recommend Brevet Brigadier-General Kirby to your favorable notice, and urge that he receive an appointment in the permanent :mili- tary service of the U niteil States. General Kirby commenced at the ¥ery outbreak 

of the late war and served through the whole of that truggle, Rustaining himself 

with great credit. He is an able officer, and I hope may receive the position that 

his senrices, patriotism, <md ability entitle him to. Very respectfully, your obedient servant, 

Hon. E. M. STANTON, Secretary of War. 

To the President : 

JOHN M . OLIVER, 

Brevet Major-General Volunteers. 

SATh'T LoUis, July 14, 1866. 

I desire to recommend Brevet Brigadier-General D. T. Kirby for an appoint- ment in the Regular Army. General Kirby served with his regunent, the Eighth 

Missouri Volunteer Infantry, of which he was major, and the Twenty-seventh 

Missouri Volunteer Infantry, of whic.h he was lieutenant-colonel, with great distinction during the late war. Doth of these regiments were under my command, 

and I wa personally acquainted with the great merit of thll! officer ; when any- thing was to be done requiring more than usual courage, zeal, and intelligence, Kirby was ahnost certain to be selected to lead the enterprise. Subsequently Colonel Kirby sen-ed on my staff as the chief picket officer of the Se¥enteenth Army 

Corps. In this position he was of ~eat assistance to me. I always felt certa.in 

that every duty that devolved on hnn would be performed with the greatest zeal 

and alacrity. lie was universally regarded by his superior officers as one of the mo t intrepid and skillful officers in our Army. He was severely wounded in a cavalry oharge near Rivers Bridge, in South Carolina, and brevetted as colonel and 

brevet brigadier-general for his gallantry and good conduct. He has earned an ap- pointment in the regular Army, if any man in the volunteer service can be said to have earned such an appointment, and he will do honor to any commission which your excellency may confer upon him. Yours, truly, FR.Al\"'K P. BLAIR. 

WASHINGTON, August 7, 1866. 

Mr. Pn.ESIDEXT: I respectfully request that you appoint Brevet Brigailler-General D . T . Kirby to be a major in the reorganized Army of the United States. His 

military record is clea.r; his testimonials from supenor officers under whom he served ~uring the late war ample and eulogistic ; wounds att st his devotion · his 

discharge from the volunteer serrice is honorable and satisfactorv. He seeks to use the skill attained in service to promote the glory of his country, and would 

spend his life in a pursuit into wllich he early entei·ed in the hour of peril and doubt. He entered the service from my State and my district, and I but express its appre- ciation of him as a gentleman and plficer by, in their name, soliciting for him your kind recognition in the office I ask for him. I am, sir, respectfully, yoru· obedient servant, 

[Indorsement on the foregoing lett~r.] 

We indorse the within recommendation. 

JOHN HOGAN. 

J AS. 0. :BROADHEAD. 

CHAS. M. ELLEARD. 

JOHN KNABB. EDW. "McCABE. E. B. BROWN. 

C. G. MAURO. 

A. TODD. J. W. BLACK. R. J. HOWARD. 

J. B. ROGERS, 

GEO. H. HALL. 

DAVID MURPHY. WM. I. MARTIN. 

HOUSE OF REPRESENTATIVE , COMMI'ITEE OF WAYS .ll.'D MEA..'\81 

Washington, D. 0 ., August 7, Ul66. 

Mr. PRESIDEXT: I respectfully request that you appoint Brevet BrigadierGeneral Dennis T. Kirby to be a major in the reorganized Army of the United 

States. His military record is clear; his testimonials from superior officers under 

whom he served during the late war ample and eulogistic; wounds attest his devo· 

tion; his dischar~e .. ~m the volunteer service is honorable and satisfactory. He seeks to nse the s.Kiu attained in service to promote the glory of his country, and 

would spend his life in a pursuit into which he early entered in the hour of peril 

and doubt. He entered the service from my State and my district, and I but ex· press its apyreciation of him a a gentleman and an officer by, in their name soliciting for him your kind recognition in the office I ask for him. ' I am, sir, respectfully, your obedient servant, JOHN HOGAN. 

[Indorsement on the foregoing.J 

G;en.eral K_irby has applied f?r a captaincy, ~ut ~ service entitles him to the 

ma:Jonty which I understand will open from Missour1. I hope the President will 

give it to him. As Mr. Hogan states, no man has done better service than General Kirby. All his superiors attest his capacity, courage, and devotion to the 

country. He is a. great favorite also with those who served under him and with 

the people of Mis ouri. ' M. :BLAIR. 

AUGUST 9, 1866. 

SILVER SPRING, August 25, 1866. 

DEAR MR. PRESIDE...TI: Frank writes desiring his brother and me to promote as far as we can the appointment of General Kirby in the regular service. I know of no better means than stating the facts as to his deserts in as few words as po i· 

ble. He is a self-made man, beginning to work for himself at the age of fourteen 

without means. He gave up tlie little business on which he was thriving at the commencement of the rebellion, and, raising a company at his own expense in Saint 

Louis, began in aiding Frank's efforts there. He rose in his regiment tbrouah all 

the grades to lieutenant-colonel, and wa-s mustered out with it after three years' semce. He then re-entered the service as lieutenant-colonel of Twenty-se¥enth 

Re!rimentMis ouri Volunteers. He was immediately detailed as chief picket officer 

of §even teen~ Army 9orps, and was successively brevetted colonel and brigadiergeneral on active semce to the clo e of the war. He fought as captain at the battles of Fort Henry, Fort Donel on, at Shiloh, Chickasaw Bayou Arkansas Po. t Champion Hills, Ja-ckson, and sie~re of Vicksburgh. After Vicksburgh as lieu: 

tenant-colonel, he was engaged in the battles of Chattanooga Resaca Dallas and Kenesaw Mountain, and then as chiefpicketofficer in aU the b~ttles and skirmlsbes his position involved on Sherman's advance to Atlanta, and the march to the sea- board, and the point at Johnston's surrender. General Howard, in his recommen- <\ation, sa:y~, 'He was chief~icket office~' in. thev:anofhis army, and adds, ' a posi- twn reqwnng more than ordinary saaamty, mtelligence, and bravery. In Colonel 

Kirby t~ese qualifications were fo~d' to aremarkablede~ee. He waapromptanu 

energetic, and when I knew that. a. line had been placed or mspected by him, I knew 

that It wa well done. He was often selected to conduct hazardous expeditions. I have had frequent occasion to witness his coolness and bravery in dangerous posi- tions.' He heartily recommends him for the position he seeks. General Sher- man recommends and says: 'He served under me in various capacities during the war, and was uni;ersally esteemed a. most active, intelligent, and zealous officer. I shall deem it but an act of justice if he should receive from the Government of 

the United States an acknowledgment of his merit and service .' On this General Grant indor es: 'I concur in the statement of General herman as to merits 

of Brevet Brigadier-General Kirby. He pro¥ed himself' a most gallant and meri- torious officer.' Generals Logan, Belknap, and Blair, under whom he served f!O more into detail, and accord the hi~hest praise. He was thrice severely wounded, 

and had three horses shot under him. 

With great regard, yours, affectionately, 

F. P. BLAIR. 

To His Excellency the President: 

WASHDI'GTON CITY, August 27, 1866. 

Your attention is respectfully called to the recommendations which the State 

of Missouri (through her Representatives) bas made concernin,.,. the appointment of Brevet Brigadier-General D. T. Kirby (late chief picket officer §ennteenth Army 

Corps) to the position of major, United States Army. Sin~ the in!erview be.tween your excellency anCI. the delegates of Missouri to the Philadelphia convention headed by Hon. John Hogan at which time the above- mentioned recommendations were handed you, we have iearned that the name of Geor~e W .. Schofield has been placed upon the list for appointment to be accredited to Missoun. General Schofield is not and never was a resident of the State of Missouri. He is and bas been a resident of the State of Illinois. It is true that in tbe 

latter part of 1861 he received a commission in a Missouri regiment, of which his 

brother (Major-General John M. Schofield) was major. We have recommended General Kirby as a Missourian, who resided there before 

the war, and who in 1861 was one of the first to rush to the defense of the Go>ern- ment. His course through the war is a matter of history ; no officer, re!mlar or yolunteer, an show a. better record. He is a self-made man, relying not ~pon the 

influence o relations for promotion, but, as the testimonials of Generals Grant 

Sherman, Howard, Blair, Logan, Smith, and other officers with whom he has served 

will show, he has, by his zeal, devotion, fearless bravery, and good judgment advanced himself from a ca-ptaincy in the Eighth Missouri to the position of br~vet brigadier-general ~d chief picket officer of the Seventeenth Army Corps. We have been led to believe that Missoud shoulcl receive one of the majorities in the 

Army. :J! so, we p~esent again the name of D. T. Kirby as the choice of Missouri; 

and m this connection allow us to say that General Schofield neither claims to be nor is he recognized by ns as a resident of Mis ouri. Therefore we ask that our petitions and recommendations be not ignored without just and reasonable cause but simply ask you to do justice, and render unto Missouri that which is due ~ Missouri. On behalf of the Missouri delegation to the Philadelphia convention and the Union conser¥ati ve people of Missouri. • 

THOS. L. PRICE. MORGAN L. SMITH. DAVID MURPHY. 

CHAS. G. MAURO. 

JAS. S. ROLLINS. 

WM. L MARTIN. 

ADJUTANT-GE~'"ERAL'S 0 FFICrt, 

January 14, 1880. 

I certify the foregoing are true copies of the original letters of recommendation on file in this office. 

SAMUEL BRECK, Assi8tant Adjutant-General. 

Mr. SPARKS. If there be n.o objection, I ask that the bill be laid 

aside to be reported favorably to the House. Mr. STEELE. I obj ect. 
1882. CONGRESSIONAL RECORD-HOUSE. 1063 

Mr. CAMP. I make the point that the objection of the gentleman 

i too late after the reading of the report. Reading the report is a consideration of the bill, and the objection must be made before 

consideration. 

Mr. STEELE. I rose to make objection before the report was read. 

Mr. SPARKS. The rule, I think, is this: that a member may make 

his objection conditionally, makin(J' his ri~ht to object the condition 

upon which the report may be read. But if he waives that objection 

after the reading of the report, according to the ruling in this House 

t'ver since I have been here, he is precluded from raising any objection afterward. 

1\fr. STEELE. I merely consente-d that the report be read for 

information. 

Mr. BROWNE. I suppo e my colleague LMr. STEELE] does not 

object to the consideration of the bill, but merely desires the floor 

that he may oppose it. 

Mr. STEELE. That is all. 

The CHAIRMAN. That is what the Chair understood. The Chair 

recognizes the gentleman from Indiana to oppose the bill. 

.Mr. STEELE. My objection to this bill is not ba-sed upon the ground 

that I do not think Mr. Kirby was a gallant officer. All the testiruony goes to show that he was. But I wish to call the attention 

ef the House to the fact that all this array of evidence, or nearly all 

of it, was furnished Lieutenant Kirby in order. that he might obtain 

his commission in the regular Army, and before the occurrence of the tr~L · It has been often said that there is a disposition on the part of the 

regulars or of the Military Academy men to purge the Army of the 

volunteers. Tg do away with that objection, I wish to state that of 

the seven members left of that court :five were from the volunteer 

service. 

I wish to call attention now to the charges upon which Lieuwnant 

Kirby was tried. 

(,'har~;e first. "Conduct unbecoming an officer and a gentleman." 

Specification first. "In this: that he, Lieutenant-Colonel D. T. Kirby, captain 

Thirty-ninth United States Infantry, commanding post of Fort Pike, Louisiana, did, 

without just cause or provocation, forcibly and violently eject from the sutler store, 

and otherwise treat in an ungentlemanly manner by violently forcing him to swal· 

low a ~lass of whisk--y, one J"ohn Adamson, a civil.l.an clerk in the employ of the 

Quartermaster's Department. This at Fort Pike, Louisiana, on or about the 27th 

day of .April, 1868." 

On the :first specHication the :finding was "not guilty." 

Specification second. 11 In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, 

captain Thirty-ninth Infantrr, commanding post of Fort Pike, Louisiana, did challen:_:re one J. L. Duval, a civilian engineer in the employ of the Quartermaster's De- partment, to a pugilistic encounter, de ignatino- the wharf at Fort Pike as the ren- dezvous, and upon the failure of the sa.i<f DnvaY to meet him at the place specified, 

rlid return and say to the aforementioned Duval : 1 You are a damned coward,' or words to that effect, and did use highly indecent and ungentlemanly and threatening language toward him, the saia Duval. This at Fort Pike, Louisiana, on or about the lith day of June, 1868." 

On the second specification the :finding was ''guilty" except the 

wordsChallenge one J. L. Duval, a civilian engineer in the employ of the Quartormaster's Department to a pugilistic encounter, del'lignating the wharf at Fort Pike a.'i a rendezvous, and upon the failure of the said Duval to meet him at the place 

specified, did return and. 

Specification thir-d. 11 In this: that be, Brevet Lieutenant-Colonel D. T. Kirby, 

saptain Thirty-ninth Infantr_y, commanding post of Fort Pike, Louisiana, having 

orderecl his orderly, Private Green Wood, Company K , Thirty-ninth Unitoo States 

Infantry, to tell one John Adamson, a civilian elerk in the employ of the Quartermaster's Department, that he wished to see him, and having received the answer that be, the said Adamson, was busy, did order the beforementioned orderly to deliver to saicl Adamson a highly indecent and ungentlemanl:y message. This at Fort Pike, Louisiana, on or about the nth day of .June, 1868.' 

On the third specification the :finding was-

"Guilty" except the words 11 having ordered his orderly, private Green Wood, 

CompauyK, Thirt.:y-ninth Infantry, to tell one John Adamson, a civilian clerk in 

the employ of the ~uartermaster Department, that he wished to see him, and hav- in~ received the answer that he, the said Adamson, was busy." _ Specification fourth. 11 In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, 

captain Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana, did ex· pose himself in a drunken condition to the garrison, and otherwise behaved in an ungentlemanly manner by usin~ profane and indecent language within hearing of 

tho ladies of the w-nison. This at Fo1-t Pike, Louisiana, on or about the lith 

day of June, 1868. • 

On the fourth specification the finding was "guilty." 

Specification fifth. 11 In this: that he, Bre•et Lieutenant-Colonel D. T. Kirby, 

captain Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana, did insult the wife of an officer of the Thirty-ninth Infantry, and did attempt violence r/~}.her person. This at Fort Pike, Louisiana, on or about the 17th day of J"une, 

On the fifth specification the :finding was "guilty." 

On the charge the :finding was "guilty." 

Charg~ second. "Violation of the thirty-ninth article of war." 

Specilication. 11 In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, captain 

Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana, having obtained 

from Captain J. M. Hamilton, Thfrty-ninth United States Infantry, treasurer of 

the post of Fort Pike. Louisiana. the sum of $100 of the post fund on the pretense 

of pu.rcha ing books for the post library, at New Orleans, where he was going, did not purchase the books or return the money on his return; and upon bemg ques- tioned by Captain Hamilton what he had done with it replied : 1 I got on a spree in 

lor ew Orleans and spent the money,' or words to that effect. This at Fort Pike, 

Louisiana, on or about the 9th day of March, 1868.'' 

' On the specification the :finding was 11 guilty.': 

On the charge the finding wasNot guilty, but guilty of conduct prejudic-ial to good order and military disci-

~J.inA. 

Char~e third. "Violation of the forty-fifth article of war." 

Specification first. '

1

Inthis: that he, .l!revetLieutenant-ColonelD. T.K.irby, cap- tain Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana, was so drtuk as to be unable properly to perform his duties as commanding officer. This at Fort is~~~. Louisiana, on or about the 7th, 12th, 13th, Hth, 15th, and 16th days of June, 

On the :first specification the :finding wasGuilty, excepting the words "13th," "14th," and "15th." 

Speo:ilication second. " In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, 

captain Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana, was too drUnk to take command of his battalion on parade, and after the line had been 

formed half an hour, more or less, when the post adjutant sent word to that effect to him he, the said Brevet Lieutenant-Colonel Kirby being incapacitated for duty 

by liquor, ordered the next officer in rank to take command of the parade. Th.ia at Fort Pike, Louisiana, on or about the 17th day of J"une, 1868." 

On the second specification the :finding was "not guilty." 

On the charge the :finding was" guilty." 

Charge fourth. "Conduct to the prejudice of good order and militarv discipline. " Specification first. "In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, 

captain Thirty-ninth Infantry, commanding post of Fort Pike, Louisiana., did dririk 

liquor and associate familiarly with Ordnance Sergeant Thomas Cooney, an enlisted man in the United States .A.rrill, until they were both more or less drUnk, and did 

then behave in a riotous and disorderly manner by loud talkin~ and speech-making 

and discussion with the sergeant. This at Fort Pike, Louisiana, on or about the 

5th day of April, 1868." 

On the :first specifi.cation the :finding was: 

Guilty, excepting the words 11 drink liquor and," and the words " until they were both more or 1ess drunk," and the word "then;" also excepting the words 

"riotous and." 

Specification second. 11 In this : that bet _Brevet Lieutenant-Colonel D. T. Kirb-y, captain Thirty-ninth Infantry, commanaing post of Fort Pike, Louisiana, did 

assault one John Adamson, a civilian olerk m the employ of the Qull.rtermaster's 

Department, by repeatedly slapping him in the face with his hands, in the pres· ence of enlisted men of the command. This at Fort Pike, Louisiana, on or about 

the 11th day of J"une, 1868." 

On the second specification the :finding was : 

Guilty, exceptingtheword "repeatedly." 

On the charge the :finding was" guilty." The sentence was : 

And the court does therefore sentence him, Brevet Lieutenant-Colonel D. T. Kirby, captain Thirty-ninth United States Infantry, "to be cashiered." II. In conformity wit.h the 65th of the Rules and Articles of War, the proceedings of tbe general court-martial in the foregoing case have been forwarded to the 

Secretary of War, and b:y him submitted to the President of the United States, 

and the proceedings, findmgs, and sentence are approved. III. Brevet Lieutenant-Colonel D. T. Kirby, captain 'l'hirty-ninth United States 

Infantry, accordingly ceases to be an officer of the Army from the date of this order. 

By command of General Grant. 

In addition, I will say that I have it officially from the War Department, that there are complaints in the case of this officer which 

affect his integrity. 

In regard to the legality of the trial, I wish to say that the court was duly orO'anized and proceeded to the trial of this case. It bad 

gone on with the trial some :five days, when the judge-advocate of the 

court, in despite of the fact that the president of the court, General 

Mower was the commanding officer of the post, yet although a gallant sofdier he was a man of prejudice, and was so prejudiced in favor 

of Mr. Kirby that the judge-advocate had to object to his further 

action on the court. For that purpose he asked the court-ro-om to be 

cleared. They proceeded with the trial of the challenge of this mem- ber of the court, and were engaged in that trial some nine days, General Mower all the time being present. At the end of the nine days 

it was decided that General Mower should no longer sit as a member 

of the court. 

The evidence showed that during the trial of this challenge General Mower tried to intimidate the judge-advocate, to shut him up, 

by writing on a slip ofpaper charges against the judge-advocate, in 

order that the judge-advocate might withdraw the charge against 

General Mower, and allow him to remain upon the court. Page 81 

of the record of the court shows that General Mower tried to keep 

from being brought into court the charge relating to the lady referred 

to. On page 88 of the record, Captain Hammond, a witness, swears that General Mower, by his looks or otherwise, endeavored to intimidate him from giving a free expression of his t.estimony in tha,t 

court. 

Mr. HENDERSON. I dislike exceedingly to interrupt my friend, 

but I wiRh to make a single statement iu this connection. The testimony, which I have read with some car.e.1 sayR expressly that the 

witness denied that he was intimidated. Although the court, by the 

questions propounded to the witness, seemed anxious to make it 

appear that he was intimidated, he denied that such was the case. Mr. STEELE. I will read from the record: 

Question by the court. Did or did not the action of General Mower render it 

di.fllcult for you to give your testimony in a straightforward manner ~ 

Answer. No, sir; it did not em ban-ass me to that extent. By the court. You have just stated that at the first you were a little embarrassed. Was that embarrassment more than a 'vitness naturally or generally feel1:1 n.pon being called to testify 7 A. I cannot say. I think the stare of the general caused me to feel uneasy for a short time at first. 

That is the point. The stare of the general embarrassed him. In 

addition to this, after the court had found this officer guilty and before the :findings were announced he was drunk and charges wore preferred against him and were forwarded to General Mower, but they were not entertained. I will read what his attorney said to the 
1064 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, 

oourt of officers trying him. After they had gone on the trial in this 

oourt the attorney says: 

The whole case is overdrawn and imaginary on llaper. The testimony shows 

improprieties undoubtedly, but no o:trense undermilitarylawd.o-.nanding andjusti- fying a conviction. 

Now, pay particular attention to this: 

Officers of the Army are the most generous of men. Their very occupation causes them t~ be self-abnegating and charitable. To no source can anybody look so con- fidently for liberality. Peccadilloes are overlooked in the minds of merciful men. 

Mr. CLARDY. What is the gentleman reacting T 

Mr. STEELE. That is what was said in this ca-se by the attorney 

of :Mr. Kirby, speaking to the officers of the court. Notwithstanding 

that they found this officer guilty. 

Mr. SPARKS. That is the speech to the jury. 

Mr. STEELE. It is the speech to the court. Now, should t.hls bill 

pass it would put Mr. Kirby 93 on the list of officers. 'When he went 

out he was No. 299. He would gain 206 files while he has been out 

of the Army. · 

Mr. CLARDY . .... I want to correct the gentleman. The passage of 

thi.s bill would put Mr. Kirby nowhere. It would only authorize the 

President, in his discretion, to appoint him. 

Mr. McCOOK. And the President would consider the bill directory, as he has always done in such cases. Mr. HENDERSON. It would be a new appointment. 

Mr. McCOOK. It would put hlm in his old grade. 

Mr. STEELE. It would open the doors to two hundred and twenty- one officers who have gone out since 1866. Of that number there were appointed from the Military Academy, 10; from civil life with no prior service, 119; from ex-volunteers, 2!:l; and from the Army 

ranks, 44. Many of these two hundred and one officers have been 

dismissed for less offenses than have been alleged and found again!lt 

Colonel Kirby. 

This is a brief statement of the case. As to the point that the 

President may appoint him, I will say that he is authorized to appoint him. I wish to show what is the effect of appointment. I 

will read from Blake vs. The United States: 

If the court had proceeded illegally, the action of the President and ofo.the Senate 

legalized it. Admitting that tliere is an irregularity of the court, they went on and tried the case. And where the President appoints and the Senate confirms it ~galizes the action of the court. 

If the President should to-day appoint A orB Genera] of the Army, 

and the Senate should confirm that appointment, it would vacate the 

office of General ofthe Army to-day. That you will find in t.he case of Blake vs. the United States, 13 Supreme Court Reports, m. 

As I before said, none can deny that Kirby waa a gallant officer. 

Dut if we wish to appoint gallant officers we have over 2,000 equally as worthy as Kirby and who have not been tried and found wanting. 

Ji we wish to appoint officers on account of their gallant conduct 

would it not be more becoming m us to select some who have not been 

weighed in the balance and found wantino- t 

I will now yield to the gentleman from ~Vi conain [Mr. BRAGG] a portion of my time-so much as he may desire. 

Mr. BRAGG. I prefer to speak in my own time. 

Mr. BROWNE. I am willing to occupy part of the gentleman's 

time to speak on the other side. 

The CHAIRMAN. 'l'o whom does the gentleman yield f 

Mr. STEELE. I will reserve my time. 

Mr. SPARKS. Mr. Chairman, I am not sure but that the report 

in tills case presents it more clearly than I can present it. This 

soldier was in the Army four years and more during the late war; 

he obtained the rank of a brevet brigadier-general, and at the close 

of the war, upon the recommendation of the officer who had com- manded the various divisions and corps in which he had served, he was appointed a captain in the regular Army. Subsequently, whlle 

in command at Fort Pike, Louisiana, he was unfortunate enough to 

get the ill will of some gentlemen who were servino- with hlm an·d 

under him. Perhaps, too, he was indiscreet. (It is fair to say that.) 

These officers preferred charges against him; a court-martial was erganized ; he was tried, convicted, and dismissed the service. The 

application now is that the sentence of the court-martial be ~et aside 

and that the President of the United States be allowed to appoint 

him to the rank in the Army which he held at the time of his dismissal by the sentence of the court-martial. 

This bill is drawn very broadly as against the soldier. It provides 

thatThe President can, if he so ~ire, in the exercise of his own discretion andjndgmoot..._ nonrina.te and, by and with the advice and consent of the Senate, appoint said JJ. T. Kirby to a captaincy in the Army, and that he shall be assigned to the 

first vacancy occurring in his grade in the infantry arm of the service. 

The President, "if he so de ires," can appoint this man "in the 

exercise of his own discretion and judgment," is, you perceive, the 

language of the bill. Now, gentlemen say this provision is regarded as obligatory or mandatory upon the President. That, sir, cannot 

be possible. This phraseology cannot be tortured into anythin~ 

like an obligation upon the President to make this appointment if, 

in his judgment, it is one that ought not to be made. 

Now, sir, tills being the mild request of this soldier, I proceed to 

con,sjder how he got out of the service. Under the law-I have it 

not before me, but state it from recollection-a court-martial ought 

to consist, when it conveniently can, of thirteen members; but it may 

consist of a less number, in no case, however, of less than :five. I pr •- sume that all military men who are paying attention to what I am saying will recognize this as a correct statement of the law regulating the composition of courts-martial. In this case a court was organized to consist of seven_ members, of whom General Mower was president. 

After the court had proceeded some four days with the examiltation of witnesses a member of the court became sick and was relieved 

from duty, (all the members having been taken without objection 

originally.) At the- period referred to the judge-advocate made a 

charge and filed specifications against General Mower, the preAident 

of the court, whereupon the remaining :five members coustitutetl 

themselves a court-martial and considered the e charge against the 

president. Excluding the accused Kirby and his counsel, they proceeded with the trial of their own president for nine days. They 

convicted him and turned him out. That action, as stated by the 

judge-advocate, proceeded upon the theory that he (the president) was prejudiced in favor of Kirby. Something in his looks or some casual remark had impressed a conviction upon the mind of this 

sa~~ious judge-advocate that the president of the court was partial 

to Kirby, the accused. Hence they tried him upon that issue of prejudice and he was convicted and dismissed from the court; and the 

remaining :five men who had thus found the president of the court 

partial to the accused and turned him out on that account then proceeded to try General Kirby, who was by them quite easily found 

guilty and dismissed the service. That is the way this brave soldier was turned out of the Army of the United States. 

Now, there is not a military man who hearsmethatdoesnotknow 

that this finding waa the merest bosh. Thelawisthat when a courtmartial is once organized and accepted for the trial of a ca e a mem- ber can be relieved only by the action of the commander organizing 

the court, on acoount of sickness or other disability. But these five 

members of this court proceeded to try their president, and turn him 

out, against the protest of the accused and his counsel, and in their 

absence, after a nine days' trial, and thengo ona,nd:find Kirby guilty. 

The commander of the district disapproved of this action, but, 

strange to say, the Juilge-Advocate-General approved it. Now I state 

the fact to be-the testimony is too voluminous for me to attempt to 

read it-that the Judge-Advocate-General bases approval of the sen- tence upon the theory that the president of the court was relieved on 

his own request and by order of the commander. In discussing the question, he takes the correct view that the proceedings of the court 

would be null and void so far as this trial is concerned but for the 

fact that the president had asked to be relieved and was relieved at 

his own request, and therefore the finding of the :five remaining mem- bers, one other member having been properly relieved on account of 

sickness, was correct, &c. But the Judge-Advocate-General misstates the facts. This court-martial was organized to try several case , not this case alone, and the president having become disgu ted 

and ontrao-ed at the action of the other officers dismissing him from 

this case, did subsequently ask to be relieved so far as the remaining cases were concerned, and was accordingly relieved. That is the col'-

rect statement of the ca e. The commander makes this quite clear in a communication of his 

from which I will now read. In speaking of the view taken by the 

Judge-Advocate-General, he_says: 

The Judge-Advocate-General, in the opinion which he has given, appended ro the 

proceedings, a.ssumes that I relieved General Mower, at his owu request, as a mem- ber of the court, in this particular ca e. This opinion is erroneous. When this 

application to be relieved was la.id before me, I was informed that the court had 

already decided that his seat should be va-cated. The court, when convened, was ordered to try such other cases as might be properly brOUtJ:!:tt before it. I thought that it would be a very unpleasant position for General Mower to occupy shoulU 

other ca es be brought beforeitfortrial, inasmuch as he would be perfectlv compe- tent to occupy his seat in any other case than that of Colonel Kii·by. while 1hm! 

competent, the action of the court would probably have been a source of con tant irritation between himself and the other members. 

There it is in a nutshell. He was relieved after they had insulted 

him ; after they had tried him ; after they had dismi ed hlm from 

the presidency of the court. He then became disgusted, and a ked 

to be relieved from further service With the :five gentlemen who had 

committed so outrageou and high-handed an act as to the other ca E' 

then pending before the court, and I presume any other gentleman 

with proper self-respect would have done precisely the same thing. 

Mr. STEELE. What is the gentleman reading from 

1\Ir. SPARKS. I am rea-ding the communication of the commaniler 

who organized the court, which I find printed among others in the 

papers and documents of tills case. Mr. STEELE. Printed by whose authority 'i 

Mr. SPARKS. Printed like all these document . It i a commu- nication from the commander. Does the gentleman doubt its correct- ne T 

Now, Mr. Chairman, life is too short, our time particularly in this 

Hou e is too short, to discuss questions like this. I ay this board or court when it made these findings wa a nullity, and could not make 

any :findin~ which was not void. Look at the state of the case. Five men out of a court composed of seven did it, and did it after turning 

out their president; they did what they had no power to do. 

I will direct attention, however, on this point to the opinions of some of the best lawyers we have in this country on that subject. 

The first I refer to is that of Shellabarger ani Wilson of this city. 
1882. CONGRESSIONAL RECORD-HOUSE. 1065 

They are widely and well known a-s good lawyers; the opinion is on this case. 

The question you submit for our opinions is, whether the record in that case shows 

such defects in its J?roceedin(?:S as render the jud~ent in the case void. We an- swer this question m the affirmative without bes1tation. We will not enter into 

any discussion of the case, and will only indicate some of the leading grounds upon which we base the opinion that the expulsion of the president of the said cour-t by the 

other members thereof, after that court had been duly and fully organized, and had 

proceeded in the trial some seven days, or the expulswn of defendant and his coun- sel from the court while the court took testimony and tried the question of the expulsion of the president of the court, are elements of the record which destroy wholly the judgment in the case. 

Mr. BRAGG. Willth_e~entlemanpermitmetoaskhimaquestion T 

:Mr. SPARKS. Certainly. 

1\1r. BRAGG. Does the gentleman know what counsel-fee was paid 

for that opinion Y 

:Mr. SPARKS. I do not. I think, however, these gentlemen have discl~imed being counsel in the case. Now I call att{mti()n to another legal opini~m, and it is that of a lawyer of the eminence of Montgomery Blair, who examined this 

matter. His letter is rather bitter in denunciation of the whole proeeeding. He says it was "a nullity;" that it wa-s an "outrage upon oommon sense, as well as upon law" that this board should have proeeeded to do what it did. He said in conclusion: 

The proceeding was, indeed, manifestly a high-handed and lawless one, taken 

under the influence of strong passions, and a foregone conclusion against the 

accused. 

The next opinion to which I shall call attention is that of Judge 

J·eremiah S. Black. He begins his communication with the statementI am nobody's counsel in this case, but at the request of General Ewing and in 

the interest of justice I have looked at the record, and am now about to say what 

conclusion it has brought me to. . 

Further 01'1. Judge Black says as follows : 

Wllen this court-martial determined that the officer appointed to preside in it 

should not sit at the hearing, or participate in its deliberations, or have a voice in 

pronouncing the sentence, they broke up the court, and all their subsequent proeeedings were unlawful. 

He concludes as follows : 

Soldiers are excusable for not knowing much law, but I wonder these gentlemen did ~ot see by the light of their common sense that they were committing a. blunder palpable enough to make all their proceedings void. 

Now, that is the legal opinion of Judge Black, who has examined 

this matter with care, an eminent lawyer, and the caption of his 

letter is that he is "no body's counsel in this case." I understand 

that General Ewing, of this city, was the counsel in the case. So much for the court-martiaL 'Vhat are these charo-es I propose briefly to go to the bottom of the whole case. Ifti;.e court wa-s illegal of course its findings are null and void; a.nd that ends the whole 

matter. That this was so cannot, as I think, be questioned. But I will 

look briefly, as my colleague on the committee [Mr. STEELE] has done, 

at the charges brought against this officer. I desire to repeat again, 

Mr. Chairman, that this officer was beyond question guilty of an indiscl'etion. He is charged with conduct unbecoming an officer. 

It is stated that under the influence of l:i'q nor he went to the engine- room where there were some civil employes engaged, and ordered 

them not to do what they were then doing. They were, as he alleged, 

making too much noise. One of these employes becoming impertinent to the colonel, he fired up and said to the man he wa-s a coward or some like expression. Perhaps he used an oath. The employe, 

putting on brave airs, said: "Colonel, are you armed 'I" The colonel, 

answering, said that he was, and that "if he didn't mind he would 

6hoot him," or something of that sort, adding some expressions perhaps that are not used in polite society. 

Now, that is about all of that. Here is a civilian employe who 

undertakes to bully the commander of the post, and the commander 

of the post being Colonel Kirby does not allow himself to be bullied. 

That's about all there is to that. He is accused on the 11th of a cer- tain month, and running for a period of six days, of being under the 

influence of drink, of being intoxicated, on a spree. That to a cer- tain extent I think is true. On two or three days of that time I think 

the testimony shows quite clearly that he was drinking more than he 

ought to have drank; but he was not drunk. The testimony as a whole does not show that he was, in the ordinary sense, in a state of 

intoxication. The testimony is voluminous and conflicting, some declaring that he was to a certain extent under the influence of liquor 

but by no means dnmk; aBd some to the effect that he was at some period of this time intoxicated. Now, draw the line somewhere and 

it will appear that the mar: was on something of a spree for two or three days; but it was confined solely to that, and it is not charged 

that he was subject to repeatedorhabitualintemperance. Now, sir, 

I would l'ike to ask whether if you turn out all the military officers 

of the United States who, on some occasions, are known to take a drink or two too much, how many of them you are going to have left T 

!"imagine if you do you will interfere very largely with the staff and 

line arrangement. 

Another charge, Mr. Chairman, was, that he was intrusted with a hnndred dollars of the pos-t funds which were given to him when he WII1S going to New Orleans to buy books for the library, in which he wa~ himself interested. Now there is no doubtaboutthat. Hewas 

intrnsted with the money. He was requested to buy books. He did 

not buy the books; but the testimony shows that he did spend the 

money, and it has not been disputed. But when he came back he 

gave the reason why he did so; why he did not buy the books, and 

paid back the money. That is all there was of it. He never sought to 

detain anybody's money. He never attempted to defraud anybody, 

but, simply going to where these books could be obtained, the money was handed to him, a part of it being ills own, (he being interested 

in the library as well as anybody connected with the post,) for the 

purpose of buying books, and all there is of it is that he did not buy 

the books but paid back the mone . Another charge is that he insulted a lady at the post. Now the 

facts are about as follows; and I will say here that originally when 

I looked into the case, and before examining it thoroughly, I thought 

that there might be something serious in that, but on examination I am satisfied that there was not. The colonel at this time was sick 

and confined to his bed. This lady upon whom it is aEeged this indignity was offered was the wife of one of the lieutenants of the post, 

he being an enemy of Colonel Kirby. The testimony of the lady is 

conflicting and evasive, and not in harmony with her statements to 

her husbaml as detailed by him. 

Other testimony is adduced showing that this interview of his with 

Kirby was in a public place, windows and doors all being open, and 

within ten feet of which was standing an armed sentinel, who testifies 

that he saw and heard nothino- of this attempt to take improper liberties with the lady, but that Thby was in bed sick under the care of the physician, and that when she came she shook hands with him, no more and no less. Another lady (the wife of Lieutenant Hanson) 

testified that she came into the colonel's room just as the other lady was leaving, and that she showed no signs of having been insulted, 

but that she was smiling as she past out of the room, &c. The testimony also shows that Kirby wa-s in a marked degree courteous, 

civil and polite in his ID.tercourse with ladies at all times. That is 

all there is in this. It is cleartomymind, looking at all the evidence on this point, that they wanted to make something of a c.ase when 

there was no bottom to it. 

On the contrary, the testimony goes to show that his action toward 

ladies wa-s at all times of a different character; that he wa-s ever reticent and retiring, but always a gallant, chivalrol?-s gentleman, 

incapable of insulting a lady himself, and one who would be swift 

in avenging such insult by another. This charge against hiri:t is 

simply unworthy of consideration. 

Now, Mr. Chairman, I shall detain the House but a moment longer. 

I have stated, I believe, all of the charges which have ever been preferred against this man by anybody, and have discussed those which 

have been passed upon by this court. Now, who is this manY He was a civilian appointment, but one of those that are occasionally 

hit, like that when they struck General Terry, (one of those whom 

God in his creation made a soldier,) the bravest of the brave; a man fitted in every way for the life of a soldier; a man whose whole career in the Army has been nothing but one of brilliancy ; a man who has shed, with the rank he held, as much if not more glory upon 

the service than any man who served in the Army for the Union. 

Now let me read some of the commendations of him. He served under 

General F. P. Blair, of Missouri. I will not read aU his letter, but 

condense it. He says: 

Subsequently, Colonel Kirby served on my staff as the chief picket officer of the 

Seventeenth Army Corps ; in tlris position he was of great assistance to me. I 

always felt certain that e\'"ery duty that devolved on him would be performed with 

the greatest ~ealandalacrity. He was universally regarded by his superior officers as one of tho most intrepid and skillful officers in our Army. 

He was severely wounded in a cavalry charge near Rivers Brid~e, in South Carolina, and brevetted as colonel and brevet brigadier-general for his gallantry and 

good conduct. 

FRANK P. BLAIR. 

Now I will read what General Howard says about him: 

When I took command of the Army of the Tennessee General :Kirby was tlw 

chief picket officer of the Seventeenth Army Corps, a position requiring more than 

ordinary sagacity, intelligence, and bravery. In Colonel Kirby these q ualitications were found to a remarkable degree. He was prompt and energetic, and \Then I 

knew that a line had been placed or inspected by him I knewtbatitwas well done. During the time that I was in command of the army he was often selecterl to con- duct hazardous expeditions. He was wounded in a cavalry charge which he was leadin~;, near Rivers Bridge, South Carolina. I have had frequent occasion to wit- ness his coohless and bravery in dangerous positions. 

General LogaR says: 

0. 0. HOWARD, Major-General United Statea Volunteers. 

He was at all times a faithful, ener~etic, and gallant officer, many times perform- ing heroic deeds, and always doing his duty; be was often £>elected to do particu- lar service on aecountof his daring and good judgment; be \Tas severely wounded 

during the march of the army through South Carolina. No man is better qualified than he to fill a position in the reguL1.r Army. 

JOHN A. LOGAN, 

(Late) Major-General. 

Then follows a letter in the same strain by Colonel Broadhead and some dozen others. 

Here is General Sherman's letter: 

I take pleasure in recommending to favur Brevet Brigadier-General D. T. 

Kirby, Unit.ed States Volunteers. He served under me in various capacities during the whole war, and was universally (}Steemed a most acti-,e, intelligent, and 

zealous ofticer. I shall deem it but an act (}f justice if he should receive from the 

Government of the Uuited States an acknowledgment of his merits and services. 

W. T. SHERMAN, Major-General. 
1066 CONGRESSIONAL RECORD-ROUSE. FEBRUARY 1 

And on General Sherman's letter is the following indorsement by 

General Grant : 

I concur in the statement of General Sherman as to the merits of Brevet Major- General D. T. Kirby. He proved himself to be a most gallant and meritorious 

olficer. -

Governor Fletcher says : 

U.S. GRANT, Lieutenant-General. 

I knew him intimately while I was in service. lledistin~bedhimselfeverywhere, and was in all the great battles of the West-at liort Donelson, Shiloh, Corinth, t.be assault-and siege of Vick.s~urgh, Jackson, Mission Ridge, Atlanta, and waB with Sherman on his grand "mar& to the sea." I think him as brave a man as Grant or Sherman ever commanded. He was more than once wounded, and was brevetted brigadier-general for his gallantry. · He is a gentleman of refinement and culture, as well as a good sol<lier. Few men JlOssess so fullyallthequalitiesthatgotomakeup the thorough soldier and officer. 

I am very proud to bave been his comrade in arms. Very respectfully, yours, THOMAS C. FLETCHER, 

Governor of Missouri. 

Governor Fletcher will be remembered as a very gallant officer dnrin9, the war. General Blair, in another letter, says : 

Re was thrice severely wonnded, and had three horses shot under him. 

Now, I ask the committee to look at that record. There is the man who has been turned out of the service, and his character stained 

upon frivolous charg~s Jike these, not sustained by the testimony, by a court absolutely illeo-al. He now comes to this Honse and asks 

that this stain on his character be so cleared up "that the President 

of the United States may, in his discretion,'7 "if he desires to do so," 

"appoillt him a capta.in in the Army," the place from which he was thus wrongfully dismissed; a man that was four times wounded in 

battle; a soldier who, at the head of his command, got near enough to 

the enemy to have three horses shot under him; a man who, from the 

General of the Army and the ex-General and from every major-general and brigadier under whom and with whom he served, has rec- ommendations such as I have read, speaking of him as the bravest 

of t.he brave, peculiarly adapted to the military service. Can that 

kind of man not get the justice this bill asks for him Y If that be so justice is indeed a" :fickle jade," hard to win. 

:Mr. Chairman, I do not propose to discuss this question longer. 

I have already occupied more time than I expected. I had hoped 

that t.his bill would pass in this mild form without any discussion. 

I am fully impressed with t.he conviction that it is an act of justice 

t.o a brave gallant soldier who, though he may have stumbled once or twice in life, has shown a record so bright that he could fall a dozen times and yet deserve the honor and respect of his country. 

How much time have Ileft, Mr. Chairman Y 

The CHAIRMAN. Twenty-seven minutes. 

1\fr. SPARKS. I yield the'remainderofmytimeto the gentleman 

from Indiana, [Mr. BROWNE.] 

l\Ir. BROWNE. 1\fr. Chairman, during the Forty-sixth Congress 

I had occasion to examine this whole question. I believe I read every 

wonl of the testimony and every line of the case that was presented 

to t-he Committee on Military Affairs, or that could be found in the 

'Var Department. If there ever was a travesty on justice it was the proceeding of 

the court-martial by which General Kirby was tried. It hardly rose to the dignity of a judicial farce. After the court had proceeded for 

Rix days m the trial, it occurred to the judge-advocate, or to some- l•o<lv else connected with the proceedings, that the president of the 

court was a friend of the accused, and the president was challenged. 

The court itself challenged itself. 

1\Ir. HENDERSON. Or a part of itself. 

Mr. BROWNE. Or a pa.rt of itself; and it then proceeded with 

closed lloors, having excluded the accused and his counsel, to try the 

court, to try the president of it. It was a trial of the court itself, 

for the president was an essential part of it, and when he was stTicken 

down the court in a legal sense disappeared. 

I say t.he court was tried. The proceedings certainly a.ffected the 

ri{!hts of the accused, and yet the accused was excluded from the 

court-room. He did not know why the court was challenged. He did 

not know what evidence was being introduced to sustain the charge 

that the court had made, or some member of it, against its president. 

Tbe accused was in jeopardy. If there were on the court one who was in sympathy with him, after having heard the proceedings for six 

da.ys, be was entitled to have that one member to continue on the court 

until the close of the proceedings, even if his vote should happen to 

lJe in his favor. He was as much entitled to be present while the 

iut.e•rrity of the court was on trial as he would have been had he been on trial before a civil court and a.jnry was being empanneled. Who- ever beard of the accused being excluded from the court-room while 

they were selecting the jury by which he was to be tried T 

I say the challenge was sustained, and the president of the court 

tlis..<tppeared. The president of the court was nobody but General 

Joe Mower. Itiy dietinguished colleague [1\fr. STEELE] perhaps re- members Joe Mower. A braver man never buckled about himself a t-:aber or ma.rched at the head of a column down into the smoke of 

the conflict. It was my good fortune to serve for a long t.ime under 

the command of that distinguished chieftain, who has now been 

garnered with his dead comrades. 

Yet Joe Mower, the gallant, chivah-ous Joe Mower, was for some I 

reason thought to bo an improper man to sit at the head of a military tribunal by which a brother officer was to be tried. And Joe 

Mower went off the court, for what cause I do not know. I have never been able to find any reason in the record, though I have 

searched for it. Wi.ll the gentleman from Wisconsin [.Mr. BRAGG] 

tell me whether the proceedings of those eight or nine days are to be 

found in the record Y I ask it of the gentleman as a favor to myself. 

Or will the gentleman from Indiana L~Ir. STEELE] tell meT 

1\Ir. STEELE. They are. :Mr. BROWNE. I never saw them. I do not know why, nor do 

I now care why he was relieved from further duty on that court. 

:Mr. HENDERSON. If my friend will allow me to say a single 

word--

~Ir. BROWNE. Certainly. 

Mr. HENDERSON. I will say that, afterreading the proceedings 

of the court and all the testimony taken before the court, there wa not in my opinion one single, solitary thing to j nstify the action of the 

court in relieving General Mower from further connection with it. ~1r. STEELE. I understood the gentleman to ask if the proceedings of the trial of the challenge of that member of the court was to be found in the record. ~Ir. BROWNE. Yes. My question was whether the testimony 

against General Joe Mower was in the record. That was the question I put. I do not remember it. 

Mr. HENDERSON. Yes, it is there. 

Mr. BROWNE. 'Veil, the first conyiction ofthis court-martial was the conviction of its own president. It disfranchised its own president from further proceeding on that trial. Now, so palpable a cleparture was this from every rule of justice and of law that the general commanding, in reviewing the case, said-! cannot use the exact 

language-that the proceedings were -so irregular and illegal that ho was un·willing to approve them ; and for that rea on he disapproved 

them, a.nd with that indorsement on the record it was forwarded to 

the 'Var Department. There they underwent the review of tho 

Judge-Advocate General, and, for reasons that I need not now discuss, the proceedings of the court were approved. 

I will not discuss in the presence of the lawyers of this House the 

question whether such proceedings could possibly stand in law. It 

appears that subsequently to the relieving of the president some one was substituted in his place as a member of the court. Probably 

the substituted person took his place in the court and acted with it 

to the end of t.he trial. 

Now, that proceeding was even worse than the :first. If it is true, as I now undE>..rstand the record, not having seen it for some time, the inteijectin~ into the case after it ha-d been in progress for six days- or adding tne nine days that the president of the court was himself on trial, making :fifteen days-the interjecting into the court of 

another person was like putting another juror into a case on the trial 

of an ordinary proceeding at law after a part of the evidence had 

been heard. That is the character of the judicial proceeding by 

which General Kirby was convicted and dismissed the Rervice. The 

next question that arises in the case is as to the character of the 

charges upon which he was tried. The charges were several. I do 

not know that I can repeat them. One charge wa that of embezzlement of the post funds. That was briefly this: they had accumu- lated at t.he post a fund for the purpose of buying a post library. 

That fund was in the custody of the proper officer of the post. General Kirby, then Colonel KiTby, but I will designate him by his 

brevet rank-General Kirby had occasion to go from Fort Pike tG 

the city of New Orleans, and he took this money along for the 

purpose, as he stated, of buying books for the post library. While 

he was there (there is no doubt upon this point, I think, according 

t.o the testimony) he became intoricatecl and spent the monev. Upon his return to the fort he gave an order upon his pay account 

for the sum, which was subsequently paid. Under the testimony 

the court found him uot guilty of that charge, but found him guilty 

of conduct prejudicial to good order and military discipline. 

It is clear that he was not guilty of embezzlement. He could not 

be guilty of legal embezzlement. Hehad not control of the fund iu 

any official capacity, and therefore, in law, could not be guilty a£ 

that crime. He had been intrusted with the fund by its proper cus- todian; he applied it to his own account, and became indebted 

simply-no more and no less than that-he became indebted for the 

fund that he had thus a.ppropriated; and this debt he dischru:ged; so that no injury was done to any one. Another charge was intoxication. Upon that charge, in my opiuion, the testimony was conclusive against him. He was intoxicated on some day in June. It was perhaps during the 8th, 9th, lOth, and 

11th of that month that all the circumstances occurred upon w bich 

these charges were founded. 

"'''he next charge is-and it is the serious charge in the crtse so far as the charges appear on record-that he insulted th~ wife of a brother officer. I read the testimony on this point with great care. GeneraJ Khby was lying sick-probably the result, to some ext.ent, 

of the dissipation of the few days before. His quarters were upo11. 

t·he open parade-ground, surrounded on every side by the quarters 

of the troops. It was in the State of Louisiana, in the month of 

June, the testimony showing that the doors and windows were open. 

Seated at an open door or window within ten feet of the bed upon 

which the sick officer lay, was an orderly. This is not controverte{}. 
1882. CONGRESSIONAL RECORD-HOUSE. 1067 

The men of the camp were going along in front of the door and by the 

window constantly. In the light of day, a wife of an officer between 

whom and himself some difficulty had occurred, did go into his quarters. 

Mr. McCOOK. Was she not sent for f 

Mr. BROWNE. I do not remember. I will not say that such was not the case; but it is immaterial. She went. I need not repeat the 

testimony upon this point. If it is all true, the conduct of General 

Kirby wa-s nothing more than rudeness-rudeness that I would not 

justify-rudeness that I would not attempt to palliate or mitigate. 

But all the circumstances in the case show conclusively to my mind 

that it was utterly untrue in fact. I have applied to it the rule of 

old Lord Mansfield which has stood upon the books for two generations: ''Wa-s the alleged occurrence in a public place; and did the 

person claiming to have been injured make outcryf" 

'Vas not this transactionofthemostpublic naturef Did the wit- ness or person alleged to have been injured by the conduct of the 

officer feel that she had been insulted f Did her subsequent conduct 

show that such a thing as was subsequently alleged could have oc- curred or did occurf The te timony of the orderly-being of a ne~­

ative character I do not urge it, of course, as a strong circumstance m the case-but the evidence of this orderly who sat at the window, 

(and certainly there is no reason to doubt its truth) is that he saw the two parties perhaps every minute, perhaps more frequently, and 

that nothing of the kind alleged happened. I do not say it might not 

have occurred, although the orderly occupied that position, without 

his having seen it; but I do say it is the most improbable fact imaginable that it should have occurred under such circumstances. The 

very surroundings forbid the idea that such a thing could have happened. More than that, the testimony showed that when the lady 

left the room, she did so smilingly, laughingly, perhaps stronger than 

this it; the evidence that when the matter wa circuln,ted n,nd she was comfronted with it, she denied it. 'l'his is not controverted; but the 

husband supplements this evidence by saying that he had instructed 

her to deny it. 

I say taking the testimony-not givingt.he accused sim!)ly the benefit of the reasonable doubt to which every one charged with crime or misconduct is entitled under the law, but weighing it by its pre-

})Onderance, considering the probabilities of the occurrence, they all 

challenge the truthfulries of the alleO'ation. 

There are some other charges I b&ieve; but I have mentioned, 

according to my memory, the material charge in the case. There 

is a great contrariety of opinion in regard to the charge of drunken- Doe s. Some of the witnesses state that General Khby was bordering on deli?·imn tr6mens; some of them charge that large numbers of 

bottles, perhaps barrels, of liquor had been consumed at his headquarters within a very hort time. The testimony of the sutler &.nd 

others, from whom the liquor must have been obtained, if obtained 

at all in the camp, would show that the quantity was very small; 

and one of the attending physicians testifies it wa-s no more than 

he himself had ordered. I have now summarized the material 

charges, and very briefly adverted to the testimony as I remem- ber it by which they were supported. Upon the record stating 

the facts as I have attempted to repeat them, there is a most terrible review of the case which purports to have been made by Judge 

Holt, then the Judge-Advocate-General-a gentleman for whose 

opinion, either upon a question of law or fact, I have great respect. 

Did I know that he had read this record, that he had passed upon it 

from a personal knowledgeofits contents, I shoulddoubtthl'lconc!usions to which I have arrived bymyreviewofit. But I am forcibly 

struck with the belief that this record was reviewed by some subortlinate in the Judge-Advocate-General's Office-some clerk who desired more to exhibit his rhetoric than to arrive at or state the plain 

conclusions to which the testimony would lead a reasonable mind. 

Now, there is but a single question left to which I desire to call attention; and that is, what under the circumstances ought to be done f 

'l'b is bill does not restore General Kirby to the Army; it does not direct 

the President of the United State' to commission hin1. It simply removes the disability imposed under th'3 statutes by the finding of 

the court-martial. That is all. Till this is done the President cannot 

review the testimony and appoint General Kjl·by. 'l'he bill therefore simply allows the President, in the exercise of his discretion, to 

commission General Khby to a captaincy. 

Mr. McCOOK. May I interrupt the gentleman for a moment? 

Mr. BROWNE. Certainly. 

Mr. McCOOK. In the event of the passage of the bill, what does 

the gentleman think would be the action of the President, judging 

from the action of previous Executive officers in similar cases Y In 

other words, if this bill should pass both Houses of Congress, would 

not the President consider it as directory to him f 

Mr. BROWNE. I think the bill is guarded. It is one which says 

"the President may, if he wishes, in the exercise of his discretion" 

do this thing. I do not think the President would regard it as mandatory. I believe he would look to the record. He would have the 

record before him, as the Committee on Military Afiairs had it. He 

would have it as the Congress of the United States in this Committee of the Whole House on the Private Calendar has it. Let me refer 

to the language of the bill as I have it in my hand: "And the President can, if he shall desire, in the exe~·cise of his own <liacretjon a-ppoint." I undertake to say I shall not respect the President as highly 

as I do if he regards that as a command on the part of the American 

Congress to appoint this gentleman to a place in the Army. 

.Mr. McCOOK. I dislike to interrupt the gentleman; but go on and finish your sentence. 

Mr. BROWNE. Very well; I will finish my sentence. I say this, 

and then I will yield to the gentleman from New York : If the officers 

of the regular Army are as careful to advise the President of his duty 

in this regard as they have been to inform the Committee on Military 

Affairs, then there can be no doubt the President will understand the 

whole history of this ca-se before he exercises his discretion upon the 

bill. He will not be allowed to grant this commission until these 

gentlemen who have an interest in keeping improper persons out of 

the Arm have been fully heard. 

Now, I will hear the gentleman from New York, [Mr. McCooK.] 

1\Ir. McCOOK. I concede, 1\Ir. Chairman, what the gentleman says 

in one respect is true; but I wish simply to appeal to his knowledge 

inca es of a similar character, whether previous Presidents have not 

considered the action by Congress under a bill of this character as mandatory or directory to him1 and whether, therefore, without con- sulting the proper officers, he nas not acted upon the theory it was the duty of Congress to investigate the matter and not throw the 

responsibility upon him, even when the phraseology of the bill is as it is in this case f Now, in the case of Captain Armes--

Mr. BROWNE. I thought the gentleman from New York rose to 

ask me a question. 

1\fr. McCOOK. Yes, and I have asked it. 

Mr. BROWNE. I do not know what the precedents are in this 

respect, but I will say frankly to the gentleman from New York that 

I do not believe the President of the United States has ever had presented to him a bill so guarded in its language as the one now under 

consideration. 

Mr. McCOOK. The Armes bill was, I think, of a like character. 

l\fr. BROWNE. I do not remember in my short experience on the 

Committee on Military Affairs to have seen a bill, among the numer- ous ones before it, so guarded as this. 

l\1r. BRAGG. Will the gentleman let me ask him a question f 

1\Ir. BROWNE. Certainly. . l\Ir. BRAGG. Will you ac~ept as an amendment to that bill, at 

the bottom, declaratory that Congress does not by the passage of 

this act intend to express any opinion to the President as to the propriety of making the appointment f 

Mr. BROWNE. I will say to the gentleman from Wisconsin that 

I have not control of the bill. I am not even a member of the com- mittee reporting it to the House. I will say to him, however, were it my bill I should not object to the amendment he sugge t . But 

that is sjmply my own view on that subject. 

When I was interrupted by the gentleman from New York, or ratb~r 

when he made his speech and propounded an interrogatory, I had 

about closed w bat I had to say on this branch of the subject; that 

the bill is guarded; that when it goestothePresident it will gowith 

the record, it will go with his advisers, and the whole question will 

confront him. All the Congress of the United States does is in saying 

to him that if on e:Kamination of this gallant officer's record, beginning at the very beginning of the war and o-oing all through it, he 

thinks he ought to be appointed a captain, then it is the opinion of 

of Cong1·ess he may do it, notwithstanding the action of the courtmru-tial. That is all there is on that point. 

Now, how much time have I leftY 

The CHAIRMAN. Three minutes. 

l\lr. BROWNE. I cannot get through in that time. 

Mr. HENDERSON. I will take the floor at the close of your three 

minutes, and then yield you a portioll of my time. 

1\Ir. BROWNE. Very well; I will proceed. There is a single question further to be considered. Suppose this record is as fearfully 

against General Kirby as my distinguished colleague seeks to make 

it., suppose it is all that. Here is an unfortunate passage in the man's 

life, put it stronger than that and say that on the 11th day of June 

in one year he committed acts disgracing his manhood. Put it that 

strong if you will. But who ha not erred, who has not fallen f Do 

you know how strongly he combatted the temptation Y Do you know 

the circumstances under which the hour of weakness came f Do you 

know it, gentlemen 'I Do you intend to allow this one act in this 

man's life to blast his whole future and obscure his gallant record 

in the past f I had the honor to serve for a short time with the 

Army that went to the rescue of the republican institutions, and I 

know how often the most gallant, the most heroic, tho e upon whom 

you would rely when the hour of danger came, the men you would 

send down to the mouths of the cannon, the men you would put in 

the forefront of battle when you would charge the intrenchments-

! know now often these gallant men have yielded to the temptation 

of StrOllO' drink. 

The CHAIRMAN. The gentleman's time has expired. 

Mr. HENDERSON. I yield a portion of my time to the gentleman 

from Indiana. 

Mr. BROWNE. I am very much obliged to the gentleman. Now, 

what is this man's record f Does it justify what I have said about 

him f At the first tap of the drum, when the bugle tirst sounded the 

alarm in that border State of Missouri, surrounded as he was by the 

discontented and disloyal, he was among the ve-ry first to respond to tl.Jn 

call of his country. Among theveryfirst-Irepeatit. He did not hesi· 
1068 CONGRESSIONAL RECORD-HOUSE. FBBRU.ARY 1 ' 

tate about it. He tendered his services to the country and to the flag, 

and soon aft.er he became a. member of the staff of the gallant Frank 

Blair. And, Mr. Chairman, he did not go on parade duty; he did not 

perform simply in masquerade with epaulets and gauntlets and top- boot~; he did not engage in that service which relieves men of re- sponsibility, but during the whole of his service-the whole of it, I measure my words-during the whole of that most dange1·ous service 

he was in the field. He never faltered; he never flinched; he never skullmd. I am speaking, sir, of what the record in the 'Var Office 

Rhows and what the certifi-cates of such distinguished captains as Grant, Logan, Howard, and Morgan L. Smith and others show. During this service, according to the statement of General Grant, he was four times wounded. That is perhaps a mistake of one, but he was at least three times wounded in battle. More than that : the rec- ord of that officer will show what the re-cords of few officers in the 

volunteer or regular Army, I venture to affirm, can show-that he 

"\vas three times brevetted. 

Mr. BRAGG. Will the gentleman allow me to interrupt him for 

another question f 

Mr. BROWNE. To be sure, sir. 

Mr. BRAGG. How can it be said that Kirby was driven from the 

Army by any illegal or improper motive, or without sufficient cause, 

when the great commander who has certified to that record of which von speak himself approved the finding! Must it not have been a strong case against him to destroy that friendship' 

Mr. BROWNE. The gentleman argues upon an assumption of fact 

that may not appear in the case. I happen to know, and I have no doubt the distinguished ~entleman from Wisconsin knows it as well, 

that these cases are reVIewed at the War Department and signed 

simply by the officer of that Department. And I happen to know 

that these cases are presented for the signature of the Secretary of 

War; and when they receive the signature of the President they are presented as a mere matter of form and are signed as matters of form. 

They are brought in by clerks, who point out where the signature is 

to go, and there it goes. And I do not blame them. It is a wellknown fact that it would be pra-ctically impossible for the heads of 

Departments to review the records and testimony in every case that comes before them, and at the same time discharge the multifarious 

duties devolving upon them. They are compelled to rely, and do 

rely except in extreme cases, upon their subordinates. 

Mr. McCOOK. If the heads of Departments cannot review these 

cases, how can the President review this case ! 

Mr. BROWNE. That question is not exactly pertinent. ltis not, 

however, impertinent. I say I appeal to the common sense and intelligence of members of this House if it must not be, in the very 

nature of things, that these records and proceedings cannot in all ca es be reviewed by the Secretary of War himself. It must necessa- rily be d6lne by clerks. But in this case, I will answer the gentle- man from Wisconsin, that I do not know that General Grant ever saw the record. Does the g-entleman from Wisconsin state that he 

diu Y I put the question directly. The gentleman is silent. I do 

not know that he did not see it. He may have read it. I do not 

]mow that he did. I cannot say that he did not. I do not care if 

he read it a hundred times. I am stating facts that are facts of rec- ord. I was proceeding to say that General Kirby had been three 

times brevetted for gallant services, not generally, but for special 

service. We were all brevetted ~enerals. 

But there were cases where this officer was brevetted three times 

for gallantry and bravery in the service in particular cases. Now 

let me ask you, it is a plain question, can the Government of tho 

United States well dispense with the services of men who have been so conspicuous for gallantry' You gentlemen who profess to admire 

thevoJunteersoldierso much, you who gush so~ushinglywhenquestions come before us that affect the interests of the Army, let me ask 

you what a compliment you pay the service when you propose to 

strike down irrevocably a man who during his whole life in the 

Army, covering a period of five or six years, has been guilty of a single fault, a single crime, if you please to call it so f 

If the gentleman from Virginia will allow me, I will repeat an an- ecdote he told me a few minutes ago about an old colonel of the war of 1812, Celonel Cromb, who served with distinction under Jackson 

dming that war and continued in the Army subsequently and after 

Jackson had become President of the United States. Some of the 

officers came to the President and said, " Colonel Cromb gets drunk, 

disgracefully drunk; why, it was onlyJa.stweek he went staggering 

along the streets; he is bringin~ the Army into disrepute." A day or two afterward even worse things than that were said about him as to his conduct at a dinner party, and the officers said, "Mr. President, he must be removed for the sake of the Army." The old hero 

of New Orleans looked at these gentlemen and said, "Old Colonel 

Cromb, by his gallantry at the siege of Sandusky, earned the right 

to be drunk all the balance of his life and, by the Eternal, he has 

my permi..<;sion to be so." [Laughter.] 

I say it ought to be possible in this Republic, when we call upon our people for exhibitions of self-sacrifice and personal heroism, it ou~ht to be possible for a man by his gallant and heroic conduct to 

at least wipe out an indiscretion of his life. If the Republic is to be so heartless-! rep.eat it-so heartless as to put the ban upon one of 

its most distinguished and ~allant officers because he got drunk on a single occasion and committed indiscretions, little or big, then the 

drum may beat and the bugle blow and still a good many people 

hereafter will decline to enter its Iuilitary service. 

I congratulate the committee and the friends of the bill on the 

fact that the same bill ha.s just been favorably considered by the 

Senate an<l is now on our table awaiting our action. 

1\Ir. HENDERSON. I will yield five minutes of my time to the 

gentleman from Ohio, [Mr. DAWES.] 

Mr. DAWES. I have no knowledge of this case further than I have 

gained in its presentation in the House, and I have been interested 

because I happened to be of the volunteer army and felt an interest 

that justice should be done to a heroic volunteer officer, and at the same time that in any action that Congress took the honor of the old 

volunteer army should be maintained. 

The legality of the court which tried this officer has been impeached 

and the course of its proceedings made to appear ridiculous. But, sir, 

it has left a monument that has not yet been overthrown or assailed 

sufficiently to satisfy me that justice demands of this Congress the 

passage of this bill for the benefit of my heroic brother volunteer 

officer. That monument is the evidence. 

The gentleman from Indiana [Mr. BROWl'.'E] says he admits this 

officer was drunk and that when drunk he took money and expended 

it, and if I correctly apprehended him it appeared from the letter 

read by the honorable gentleman from Indiana that for ten or twelve 

days this gallant and heroic officer was drunk more or less. That 

is the impression I derived from what I heard. 

Now, this court-martial, illegal and irregular and ridiculous as it 

has been stated to be, has brought up the evidence that he was guilty 

of conduct unbecoming an officer and a gentleman. If he was, I say 

the honor of the old volunteer army demands that this Congress 

maintain tho judgment of that court; and there is nothing that appeals to my sense of justice to my brother volunteer officers to take 

this man up by the a-ction of Congress and intimate to the President 

that he ought to be put back to his place in the Army over two hundred faithful men standing without opportunity of promotion, with our Army paralyzed because the e men cannot get up. If the strength 

of the Army consists a the opportunity presented for promotion and 

these men have stood there and are entitled to it, I think a very good ca e ought to be made out for such a bill as this having such an effect 

before it should be pa-ssed in the name of justice to a gallant officer. 

Mr. HENDERSON. I did not intend to occupy the attention of 

the committee more than a few moments. But in view of what ha 

been said by my friend from Ohio, [Mr. DAWES,] who has just taken 

his seat, I desire to call the attention of the committee brie:tlyto orne of the testimony in this case. Mr. President, I do not know General Kirby personally. I never saw him or met him until this matter was before the Committee on Military Affairs for consideration. When this bill and report were being considered by the Committee on 1\filitary Affairs I determined 

to examine the testimony, voluminous as it is, and have examined it 

from the beginning to the end. I think I can say here with entire 

truth that I have read every word of the proceedings before the courtmartial which tried General Kirby, and I corroborate most of what 

my distinguished friend from Indiana [Mr. BROWNE] has said here 

in regard to the proceedings of that comt. 

I say, in the first place, after this court was organized and for sev- eral days had proceeded to hear the testimony which was offered 

against General Kirby the judge-advocate seems to have taken it 

into his head that the president of the court, General Mower, was prejudiced in favor of General Kirby, and thereupon he raised the 

question as to his competency to try the case; and as the gentleman 

from Indiana has said, for nine days they proceeded, not to try General Kirby, but to try the president, the very head of the court; and 

after reading the testimony of every witness who t,estified in that 

regard, as a lawyer, I say without hesitation, having had some ex- perience in juuging of evidence in such cases, that in my opinion the 

testimony against General Mower would not have excused him from 

serving on any jury in any re pectable court in the country; but if 

the prosecution had wanted to get rid of him they would have been 

compelled to exhaust a peremptory challe-uge, for there was nothing, 

in my judgment, to justify ev~n a suspicion that General Mower 

would not have tried that case honorably and fairly, and that he 

would not have been governed by the testimony in determining the 

guilt or innocence of the accused. So much for that. 

Now, my friend and colleague on the committee [Mr. STEELE] says 

that these men were volunteers. 

Mr. STEELE. Five of the seven were. Mr. HENDERSON. Five of the seven were volunteers. I do not 

(loubt that, and I do not doubt but they were very green vohmteers, 

too. They certainly ha,d had no experience as members of a comtmartial, for while they were trying a man upon the charge of !JeinJ 

drunk for several days in succession, they absolutely refused to allo,-r the only persons who were with him, and knew what his condition 

was, to testifY as to his being sick, becaURe, forsooth, they were not 

doctors and were not experts. 

There were two witnesses who were not allowed to testify on that 

point, because they were not experts. The court was cleared for the 

purpose of considering the objections to the testimony ~f a witne s who swore that he had been a nurse in a hospital; that he waa experienced in cases of sickness; that h.e had had experience in ca e of 

fever. Yet that witness was not allowed to testify to the fact that 

I 
1882. CONGRESSIONAL RECORD-HOUSE. 1069 

General Kirby was sick during the time these men charged him with 

being drunk. 

Now. I want to say in regard to the charge of drunkenness, that 

I ao not believe the charge of drunkenness is sufficiently made out 

against General Kirby at the time spoken of~ andiwouldlike to call 

the attention of this committee for a moment to the proceedings in 

that court. The second specification of the first charge reads as 

-follows: 

In this: that he, Brevet Lieutenant-Colonel D. T. Kirby, captain Thirty-ninth Infantry, commanding the post of Fort Pike, did challenge one J" .• L. Duval, a civilian engineer in the Quartermaster's Department, to a pugilistic encounter, 4esi~ating the wharf at Fort Pike as the rendezvous; and upon the failure of 

\laid vuval to meet him at the place specified, did return and say to the aforementioned Duval, "You are a damned coward." 

Now the court find the defendant guilty on that specification after 

striking out these words : 

Challenge one J. L. Duval, a civilian engineer in the employ of the Quartermaster's Department, to a pugilistic encounter, designating the wharf at Fort Pike as the rendezvous, and upon the failure of said Duval to meet him at the place 

specifi.ed1 did return and say to the aforementioned Duval, "You are a damned 

coward.' 

They struck out all these words, and found him not guilty of that 

part of the specification. And why t Two witnesses swore positively to that, and they are witnesses upon whose testimony this man was convicted. These two witnesses swear to that state of facts; 

but the court did not find it true. 

Why did not the court find it true on their testimony'! Because 

this man Duval himself did not swear to any such state offacts. He 

simply swore that Colonel Kirby came into his room and complained. 

Colonel Kirby had sent a message to him in the first place, and he 

ilid not pay any attention to it, but said he did not understand it. 

Then Colonel Kirby went into his room and complained of this man Duval making a noise, not because he was drunk, but, a-s I believe, 

"\>ecause he was sick. And I say that the testimony overwhelmingly 

shows that he was sick at that time and not drunk. 

Now, this man Duval did not swear to that state of facts, but said 

1;bat Colonel Kirby came in his roo~, ancl he told him that he did 

not understand his message; that Colonel Kirby complained of there 

being too much noise in the engine-room, and thereupon th~y got 

into some little adtercation, and finally Colonel Kirby did say to him- not ,, you are a damned coward"-for when requested by the court 

t-o state the exact language used by Colonel Kirby, Duval said that 

it was, "You are a coward," leaving out the word" damned." Then 

Duval said to Colonel Kirby, "Are you armed f " and Kirby replied, 11 I am;" and then committed one of the most serious offenses, in my 

judgment, that was charged against him. He used a vulgar saying, 

which would have been used perhaps by a great many men as good as ~my who served on that court, under liko circumstances. 

That was the testimony in regard to Colonel Kirby being drunk on the 11th day of June. This man Duval did not justify the sworn statement of the other witnesses who did swear that Kirby challenged 

Duval to go to the wharf and fight, and therefore the court struck 

out that part of the specification. 

Now, what is the evidence in re~ard to his being on a drunken spree 

from the 11 tb to the 17th of June T One colored man comes in and swears that he got liq nor from day to day ; that he got quart bottles 

of brandy and quart bottles of whisky; and during these six days he 

got iu all about a dozen quart bottles of whisky and brandy. 

Now, if any one should believe that statement he would be very 

likely to believe that Colonel Kirby was on a drunken debauch at 

that time. But let me tell you, gentlemen, what the testimony is. 

The colored man swears in his testimony that he bought this liquor 

from the sutler. He said that he did net have any mo:aey to pay for 

it, because the Colonel did not send any money, and thoreforeitwas 

charged on the books of the sutler. 

When the sutler is brought in to give his testimony, he swears he 

did not keep any brandy at all; that he kept a little whisky, but none in quart bottles; that while he knew nothing of the quantity 

of liquor that was obtained, he found upon his books (the very best evidence in the world) that there had been charged to General Kirby 

during the six days from the 12th to the 17th, inclusive, three or four 

pint bottles of whisky. 

Mr. BRAGG. May I a-sk the gentleman a question T 

Mr. HENDERSON. Certainly. 

Mr. BRAGG. Was not that sutler an appointee of Kirby-the sutler of his post~ holding his place dependent upon Kirby's will t 

Mr. HENDERSON. There is ne question about the correctness of 

Mr. Carroll's-testimony. He swears that he did not sell any liquor 

himself, but that his clerk did; that it wa-s charged upon the books 

and there were only three or four bottles charged. 

Mr. BROWNE. Do I understand the gentleman from illinois [Mr. 

HE:\""DERSON] to assent to the proposition of the gentleman from Wisconsin, [Mr. BRAGG 'J 

Air. HE:ti.TDERSON. No, sir; I do not. 

Mr. BROWNE. I would like to ask the gentleman from Wisconsin whether he is prepared to say that it is not true. 

Mr. BRAGG. If I sho"Rlcl take the floor to speak upon this bill, it 

will afford me the greatest pleasure tG gi.ve any information that I 

Mn.y possess to my benighted friend from Indiana. - Mr. llROWNE. I SlJJlposed the gentlelJlan would decline to answer. 

M1·. HENDERSON. Now, Mr. Chairman, the sutler is called before 

this court, not by Colonel Kirby at all; he does not appear there as Colonel Kirby's witness, but as a witness for the prosecution; and 

he does not testify to havin~ sold any liquor himself, but says that 

his clerk did so, because he found it charged upon the books; that 

he had looked over his books to find just what was charged upon 

the books against Colonel Kirby at that time. 

Now, letmego further and say to my friend from Wisconsin, [Mr. 

BRAGG,] my colleague upon the committee, for whose opinion I have a great deal of respect, that there are other witnesses who testify to 

being with General Kirby during those days; that the witnesses 

who testify to his being on a drunken debauch testify, some of them, 

that they did not see him more than once or twice during the whole 

time. None of them, except one or two, saw him out of his quarters, 

and others did not see him at all during the time. He was confined 

to his room nearly all this time, and there were not only witnesses 

who were in the room waiting upon him and who knew his condition but the wives of officers were waiting upon him. I say, therefore, that thew hole testimony as to the charge of drunkenness against 

Colonel Kirby a_t that time is to ruy mind of a flimsy and unsatisfactory character; and I say this after reading every word of evidence 

that was produced on the trial. 

Now, Mr. Chairman, another charge, and a very serious charge, was that of insulting the wife of an officer. But I do not think that ati,y 

member who has examined this matter carefully has ever given a great deal of weight to that charge. It is manifest, as stated by the 

gentleman from Indiana, [Mr. BROWNE,] that this lady told an en- tirely different story when she first came out of that room from t1la·t 

she afterward attested to. To explain this discrepancy what testimony was offerecl' Her husband comes forward and says that she 

did not t ell all to Mrs. Hanson, because he signaled to her not to tell it. 

How tlid he know that she was stating what had occurred in the room' 

How di(l he know !Jut that she was telling the whole of it Y But 

Mrs. McGitzky (if that is the name of the lady who is alleged to have 

been insulted) gives in her testimony a reason so ridiculous as to 

make an entire farce of the whole thing. She admits that she did 

not tell the wife of Lieutenant Hanson any more than Mrs. Hanson 

testjfied she said; but to explain this she says, "I did not tell her, 

because I did not want it published all over the camp." Therefore 

you must infer that she did want it published over the Fort that this 

officer had attempted to kiss her or ha.d wanted to kiss her. She 

says, "I did not tell it all because I did not want it published to 

the whole Fort." 

But I do not believe that any such insult as is stated was offered 

by Colonel Kirby to the wife of this officer. The testimony of wit- nesses in this case, who were in the room with General Kirby and 

had the best opportunity of knowing, shows that during the period 

from the 11th to the 17th of June, when Colonel Kirby was confined 

to his quarters, he drank but very little whisky, and that in connee- tion with medicine, which he was taking at the time; that he was in fact sick. I think the testimony is overwhelming that he was sick, and not on a dJ:unken debauch. 

I say that at most the testimony, taking it to be true as stated, 

would only show that on the 11th of June he was under the influence 

of liquor; but after that there is no testimony which would satisfy, 

it seems to me, any reasonable mmd wei~hing it with candor and 

fairness that he was under the influence ot liquor, much less drunk. 

Now, Mr. Chairman, I have nothing to say in regard to the character of Colonel Kirby outside of this liase, for I know nothing about 

it, except it appears he was a brave and gallant officer who served 

with exceptional distinction and with exceptional bravery during 

the late war. I will say what has been said before that I, for one, am not prepared to do this officer the injustice to strike him down at one blow and rob him of his distinction and hon()r so faii·ly won on accotmt of one or two indiscretions, and which from all the testimony 

in the case I am satisfied are not of so serious a character as to justify 

any such punishment as has been inflicted upon General Kirby. · It may be said the surgeon of the regiment te~:~tified he was under 

the influence of liquor and suffering from delirittnt tremens. Mr. Chairman, it is utterly impossible for me to believe from tho 

testimony produced in this ca-se before the court-martial that the 

statement made by the surgeon was or could possibly be true. Be- cause if it were true the wife of Lieutenant Hanson perjures h.&self 

when she says he was suffering, and his head was hot, and }ie was feverish, -and she was administering to his wants. She would not 

have been there, and the officer would ngt have sent the wife who 

complained of his rudeness if be had been in a drunken debauch instead of being sick, and in fact the officsr said in effect/ " Colonel 

Kirby is sick and it is proper you should go to see him. ' There is 

not the slightest testimony except the naked statement of the sur- geon, who ditl not see him during all that time until on the 17th of 

June, for saying he was so much under the influence of liquor as to 

be suffering from deliritun tl·ernen8. I believe the character of Colonel 

Kirby, so far as these proceedings of the court-martial are conoerned, stands fair with the exception, if you plea-se, that he was guilty of one or two indiscretions in regard to using too mach liquor, but I do 

not believe it just on our part, as I said before, to strike down a bravo 

and gallant man and rob him of his glorious record, dismiSB him4 

cashier him, send him out of the Army in disgrace, as we would do 

if we justifY the proceedings of this cou..-t-mart.ial, for what at most 
1070 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, 

amounts, in my opinion, to an indiscretion on the part of General 

Kirby. If that be Army justice I do not want any of it. 

Mr. BRAGG. .Mr. Chairman, I have had no opportunity to re- examine the evidence in this case since it was presented to the con- sicleration of the Committee on Military Affairs of the Forty-fifth 

Congress. I remember distinctly the impressions which were then 

made upon my mind, and as I have listened to this debate I must say 

those impressions have grown into conviction that it would be an outrage upon the Army of the United States for the Congress to re- instate a man who was dismissed fonrteen years ago from the service. 

It is quite common for us, ancl perhaps as much for your speaker as for any one else, to speak at times derisively or jeeringly of the 

Army. My course since! have been in Congress has been such I can- not be accused of over-prejudice in their favor or proceedings. But, 

siJ:, we must all concede the highest wish either or any of us should ever intend should be that the Army at all times, and all officers 

composing it, should be gentlemen of honor, gentlemen of character, 

gentlemen of integrity-an organization in which we should all have a natural pride. 

How are we to encourage sdch an organization f . How a1·e we to 

weed out the worthless elements which, through political influence, 

:find their way inside the Army, and are given commissions and com- mand until it has been said, oftentimes, that before the war the button of the Army gave one entree everywhere into society, for it was a voucher its wearer was a gentleman of character; and too often since 

it has failed to carry with it the impression which originally accom- panied its presence. The discipline of the Army is the first thing that 

is essential to the making of it such a Locly as we desire. 

How can we discipline it if the Congress of the United States are continually interfering with its discipline ' How can the officers of 

the Army be responsible for its control if men who are driven from 

the Army by the judgment of a court, can come about the Legislature and year after year whisper their complaints to members of Congress who have no responsillility of the discipline of the Army until 

they enlist one for political reasons, enlist another for State reasons, 

and enlist another because, perhaps, the party who had been discharged from the Army ha"(} been a vohmteer and they appealed to 

volunteer officers to stand up and prevent an oppression which the 

regular Army proposed to put upon them. These are the different 

species of arguments which are plied, first the one ancl then the other, 

just as they may become applicable, until if the Army has become an Army without proper discipline, if it does contain officers who are not what they should be, the Con!:?ress of the United States is responsible for it, and not the officers of the AI·my who have its discipline 

in charge. 

Why should this man go back to the Army f I make no reflection 

upon his bravery; I know him but scarcely. I am willing to con- cede that he was as brave as Ney, that he carried the lance at the 

front wherever he went. But conceding that, I must call attention 

to what the experience of all of us is, that, no ma,tter how brave he 

may have been, when he enters into a contest with'' OldAlcohol"he 

is sure to be routed in the battle. [Laughter.] 

Let us see. Mr. Kirby was appointed in the volunteer service. He 

discharged his duties properly, gallantly, and well, and received the 

commendation of his superior officer. The war closed June 30, 1866. 

In 1!:368 he was dismissed the service of the United States, a young 

man, not having yet been sufficiently long in the military service to 

acqnire those habits which interfere with the ordinary engagements 

of life to which other volunteer officers returned upon leaving the 

service. He had seen but three years' service-a little less in the 

regular Army. So when he came out of the Al'!DY he came out in the 

very vigor of life; and with all the habits of business that a man with 

such a glorious record and such great ability as Kirby is represented 

to possess, it would seem that he must necessarily have turned his 

attention to some other calling, which he would have pursued. and 

pursued successfully. Instead of that, what has he done f Rested 

icUy upon his oars, waiting for some favoring breeze that would waft 

him ba,ck again into a position where the Government woul(l support him. 

Tha,t has been his record; and I say that he has no right to ask of ns that we shall confer any such favor upon him. Fourteen years he 

bas been absent from the Army. l''ourteen yea1·s his fellows in the 

AI·my have been struggling upou the frontier, some in one branch of 

tlle service, some in another, all undergoing the hardships and privations of frontier campaigns; while he, whose campaigning has been 

limited to the corridors of \V ashington and about these streets, lob bying for a commission at the hands of Congress, shall be permitted to 

go Lack and be placed in a position a,bove all those men who for that 

long period have been carrying on the Indian campaigns upon the 

u·ontier. Is tha,t justice Y Is it right f 

So, :Mr. Chairman, I have thus far stated my objection~:; to this bill: 

first, that it is fatal to the discipline of the Army; second, that this 

officer, by reason of length of service, has no right to ask to be place(l 

upon the list of .A.rmy officers on account of long service; and third, 

that it operates not only to the discoura,gement but to the disadvantage of those officers who have remained in the line, and who have 

been doing their duty, while he has been doing ne duty at all. And 

now, Mr. Chairman, I will allude, for a moment, to the groumls that are assigned for this proposed action. What are they 1' First, we have certain certificates read, a]! of which are dated since the close 

of the war and when he was an applicant for appointment by his old 

commander. Is it not a fact, within the knowledge of every member 

of this committee within the sound of my voice, that it is notoriously 

easy to sign certificates and give testimonials and write commendations for a clever fellow, when you can thereby relieve yourself of a great deal of good, hard pleading upon his part and when you know 

full well that they will have but little weight in promoting his object. 

Mr. SPARKS. Will the gentleman allow me to ask him a question f · Mr. BRAGG. Certainly. 

l\lr. SPARKS. Does the gentleman think it would be easy, if the 

facts alleged in the e commendations were uot true, to obtain letters 

of the character I have read from such men as General Sherman, General Howanl, General Frank P. Blair, General Lo~an, and all of those men who certify to these pre-eminent qualities ot this manY I ask 

him if the letters state what is not true does he believe that it would 

have been possible for this man to have obtained them Y 

Mr. BRAGG. I will answer my colleague by saying that it is a long time since I have read 1\Irs. Opie on Lying; but I believe that 

in addition to her "white lies" and "black lies," there is latterly 

what we might class as diplomatic lies. They are not considered 

lies in the sense that we would class the black lies of 1\Irs. Opie. 

They belong to that character of diplomatic evasions necessarily re- sorted to by gentlemen in order to rid themselves of the persistent 

boring of men who insist upon having something or other to show 

what they are worth. And I say this, that I believe such letters are written in self-protection, because it has become a well-established 

fact that every man who writes one of them or signs it si~ns it 

with the understa,nding that if he is called upon to explain wny he 

did it, he is privileged and very apt to say, I knew it would produce no effect at all; it (loes not mean anything; it required my personal 

presence to produce the effect which was desired, and the Department knows it. 

The reason why this officer should now be restored, and placed over the heads of his comrades who remained in the service, is that 

the court-martial were irregular in some of their proceedings; and 

my friend from India,na [l\lr. BROWNE] has cited the manner of 

charging the jury and the manner of trying caru;es in civil courts 

for the purpo e of showiniY the irregulariiy; while my distinguished 

friend from illinois, [Mr. SPARKS,] late charrman of the Committee on Military Affairs, has alluded to the fact that the court consisted 

of only :five members. 

Mr. ATKINS. Will the gentleman allow me to ask him a question' 

1\lr. BRAGG. Certainly. 

Mr. ATKINS. Is it proposed here to pay this man back pay' ~lr. SPARKS. On the contrary, the bill specially excludes that. 

:Mr. BRAGG. Tha,t is left. for the next bill. It is true this bill 

specially excludes it. But I may say that this morning! was obliged 

to ask permission to present a minority report against paying four 

years of back pay recommended in a bill reported by the same Military Committee who report this bill, where it had been excluded 

precisely as it is in this bill. So that we see these clauses of exclusion amount to very little when the pressure gets sufficiently strong 

to break away the barriers which we are able to throw around us for a little while, until, succumbing to the constant attacks in our committee-room and at our lodgings, we get in despair and say, 

"You and the Government may go to the devil rather than bother me any longer." 

By an article of war regulating the numbers constituting a courtmartial the number fixed is thirteen for the maximum and ten for 

the minimum. Where a lesser number than thirteen constitutes the 

court the order which appoints the court uses the formal phrase 

that no ~eater number can be summoned without manifest injury to 

the serviCe. The practice of courts-martial and of the Government 

and of military law is. that at a,ny time during the trial the officer 

summoning the court may relieve any member of that court or any 

number ofmembers of the court, provided that that court be notreduced below the minimum. But if a member be relieved which shall 

reduce it below the minimum, that is in effect an order dissolving the 

court, and in lieu of tha,t generally an order of dissolution of the 

court is issued. That answers the objection that the testimony for 

:five days had been taken when one man was upon the court who 

became sick and was relieved. It answers the other objection that 

the president of the court was subsequently relieved from duty upon 

the court. For there still remained five who were competent under 

the Articles of War to try and determine the case. But I will concede that the proceedings in this challenging of the 

president of the court were irre~ular. I can well see, however, a case where such irregularity woUld be extremely and highly praiseworthy. The court, after it had proceeded for eight or nine da.ysno matter how many; the number does not now present it elf to mr mind-found that in their judgment the president was prejudice<! 

and incompetent to sit upon the court. Thereupon they clo eel their 

doors and proceeded to settle that question in their own minds, ex- cluding the outside world from their deliberations, and taking testimony to determine the question whether he bad prejudged that caRe or not. That action in no wise prejudiced the rights of Mr. Kirby, 

for his case was not then under considera,tion, and the action of that 

court in considering the qualifications of the president of the conrt are not now here subjects of discussion. After having satisfied them-
1882. CONGRESSIONAL RECORD-HOUSE. 1071 

selves whether upon eompetent evidence or no, that he was not an impartial judge, they decided that he should no longer take part in 

their deliberations, evidently for the purpose of expressing the declaration of the court as to his incompetency and unfitness with a view of makincr application to the department commander to the 

end that he might kle legally relieved from duty upon that court. 

While the qualifications of the president of the court were under 

cons.ideration, no testimony bearing upon Colonel Kirby was taken 

at all; and before any proceeding was taken in which Colonel Kirby 

had any interest an order came from the department commander 

relieving the president of that court from duty upon the court. So 

that in law, so far as Colopel Kirby is concerned, the court took a recess from the time that it cea.sed to consider his case until the court was reorganized again, after it had been relieved of its president by reason of their finding him not impartial, he himself asking to be 

relieved as is the military way of decently getting out of the thing. 

The court then resumed the case precisely where they left it. 

After the court again assembled and proceeded to try Colonel Kirby 

it had the requisite number. It proceeded to judgment. That judgment was approved and the sentence ha-s been fourteen years exe- cuted. 

The charges which were preferred against him and upon which he was dismissed the service were those of drunkenness. ·Whether the 

charges were true or not I am not able, of course, positively to state; 

but I place myself precisely in the attitude of an appellate court in 

reviewing the decision of the court at nisi prius that heard the wit- nesses. The court that heard the witnesses, that saw their appearance, the manner of the giving of their testimony, that sa.w all those 

little things that indica ted whether they were telling the truth or not, 

found that t.he witnesses told the truth. There was conflicting evidence upon both sides. Colonel Kirby proved, of course, to a certain 

degree by a waiting maid or a nurse that he was sick ; not drunk, 

but sick. The court found that he was drunk. They found it upon 

the testimony of the surgeon, who was the most competent witness 

certainly at that post to determine whether Colonel Kirby was suffering under mania a potu or delir1mt tre-mens under any form what- ever. 

I do not fuel called upon here, fourteen years after that trial, to 

review the evidence and say the court found improperly. On the 

contrary, I believe, Mr. Chairma.n, that as an invariable rule every 

officer in the Army, who by any indiscretion may do that which 

might bring him to grief were complaints ma-de upon the subject, is 

carefully covered and shielded by his fellows until the evil becomes so great that it may no longer be concealed; and then comes the 

cha.rge in as mild a form as possible to vindicate the honor of the 

Army and of the soldiers who are in association with the one who is 

eharged with being derelict. 

I do not believe, except it may be in the rarest of instances, that 

any one Army officer is so prejudiced against another of his fellows as to do him an injustice by finding him guilty of a grave offense, a breach not only of military law, but a b1·each of ordinary decency 

aBd civility. 

I know it is urged that Colonel Kirby was sick. I know he called 

his sutler to prove that he did not drink very much. I do not think 

you can prove anything against an officer by his sutler. A sutler 

would not be apt to testify against one of his good customers if there wa-s danger of losing him. I do not lay any grea.t stress upon that 

evjdence. 

In regard to the sickness of this officer and his being occasionally 

drunk, I am reminded of a friend of mine who served with me in the ~y, and who is now quite a distinguished lawyer in the Northwest. 

By the wa.y, he ha-s fallen into Republican habits, and they are very 

bad habits. His face has grown very red, and his breath smells very 

strong. [Laughter.] He delivers temperance lectures periodically, 

and he occasionally goes to a revival and gets a new spirit of grace 

to preserve his standing among his fellows. Now, when he is taken 

to task for the redness of his face and the strength of his brea.th, he 

says he does not drink because he delivers temperance lectures. But 

if you will go into the back room of his office from time to time you 

will see piled upthereinstacks bottles of Hostetter's Bitters [bughter] 

that are taken by him simply to restore his appetite and to put his 

stomach in good condition for a meal. 

lfr. SPARKS. He lives in Wisconsin T 

Mr. BRAGG. I think he was reared in Illinois. 

Mr. SPARKS. But he lives in Wisconsin now. Mr. BRAGG. He moved to Wisconsin to see if he could break away 

from some of his evil habits. [Laughter.] 

lfr. SPARKS. Ma.ny of that class of our citizens have moved up 

there. 

])fr. BRAGG. Now, Ithinkthatwhen thecourtfound-andtheevidence is unquestionable-that the commanding officer of the postmind you, when you are considering the matter of discipline you are not consicleriug the discipline of some poor lieutenant of an offi- ~er in his qua.rters, but the commanding officer of his post, the model 

of discipline, the one who lays down the law a.nd executes it to en- force the discipline of his post-when you find him reeling at dressparade in front of his command, and unable to diRcharge his duty, ann goin(J' into his quarters and sending for a womtiD. to feel of his 

pulse ancf see if he is not sick, it is time the Army should be relieved 

fmm that kind of officers if we desire to preserve auy discipline in 

that corps of the service, or to preserve the respect of the .American 

people toward it. 

Mr. CLARDY. I shall detain the Committee of the Whole but a 

moment. 

Mr. BRAGG. If the gentleman will excuse me. !lfr. CLARDY. Certainly. 

}fr. BRAGG. I omitted to allude to one thing which, by the 

courtesy of the gentleman from Missouri, [Mr. CLARDY,] I desire w 

ca.ll to the attention of this committee. 

It is ur~ed by the friends of this bill that its language i~:~ such that 

the President need not appoint this man unless he chooses. I desire 

members of this committee to remember that Congress cannot pass 

any law to compel the President to appoint n.nybody. The appointing power rests in the President, and in him only. 

The rule ef the Department, however, is that if Congress, by the 

passage of a bill through both branches, shall indicate a. desire to secure a particular appointment, it will be considerea as directory 

upon the President that the appointment be made. Such ha.s always 

been the case; such it always will be. 

In one instance, since I have been "a member of Congress, a most 

objectionable officer was restored to the Army, one who was known 

to have the General of the Army and all the staff about the Army 

headqua.rters and theW ar Department bitterly opposed to his restoration, for he had been court-martia.led once, twice, or three times 

already. By the insertion of such ingenious clauses in a bill they were able to lull into security my colleague on the committee, the 

gentlema.n from New York, [Mr. 1\IcCooK,] so that he voted for the 

bill, trusting that the President would not regard it as a direction. 

And in less than ten days afterward that man was riding in a car- riage and sporting a major's shoulder-straps. The sequel was what~ 

Twice since then that officer ha.s been cashiered and dismissed the 

service for conduct unbecoming an officer and a gentleman ; and 

twice has he been sustained by Congressional influence, so that h() now remains in the Army. 

Mr. SPARKS. If the gentleman from Missouri [~fr. CLARDY] will 

allow me a moment. In answer to the statement of the gentleman 

from Wisconsin [Mr. BRAGG] that this bill if passed will be regarded · as mandatory upon the President, I simply want to read from the 

bill: 

And the President can, if he so desire, in the exercise of his O'IVII discretion and 

judgment, nominate and, by and with the advice and consent of the Senate, appoint, &c. 

I say that no bill that I remember, no bill to my knowledge, has ever been brought into this House for passage containing such words as these. Hence any precedent that the gentleman may allude to 

here does not apply to this bill. 

Mr. BRAGG. I will inquire of the gentleman, my colleague on the 

Committee on 1\Iilitary A.:lfairs, [Mr. SPARKS,] if he was a.memuer of 

that committee in the Forty-fifth Congress 'f 

1\Ir. SPARKS. A member of the Committee on Military Affairs of 

the Forty-fifth Congress¥ 

Mr. BRAGG. Of the Forty-fifth Congress. 

Mr. SPARKS. I was a member of the House of the Forty-fifth 

Congress. 

~fr. BRAGG. But you were a member of the Committee on Appropriations and not of the Committee on Military Affairs of that Congress. 

Mr. SPARKS. I was not a member of that committee in the Fortyfifth Congress, but was a member of the House; and I state again that no bill so broad as this was ever introduced here for the actiOn of the 

House to my knowledge, using the language, "the President can, if 

he so desire, in the exercise of his own discretion and judgment, nom- inate," &c., and I repeat that in my judgment it is not mandatory on the President. 

Mx. STEELE. The gentleman will allow me to ask whethoc the 

President of the United States ca.nnot without the action of Congress do just what is asked in behalf of this officer T 

Mr. SPARKS. No, sir. Here is this stain upon his character, this 

judgment of clismissal from the Army-a judgment which, as the gentleman from Wisconsin says, is some thirteen years old, and I might 

add, if the gentleman from Wisconsin and other gentlemen will persist in beating off this brave soldier for thirteen years longer, it will 

then be twenty-six years old. Ever since that farce of a court-martial removed General Kirby he has been demanding justice of the 

country that he served and helped to save. Unlike many other offi- cers who now have fat places, he bea:r;s upon his body the marks of 

four wounds received in battle, and he had three horses shot under 

him. That, I think, is a sufficient answer to the o-entleman from 

Wisconsin, who seems afraid that his restoration :;Ji' prejudice some officer now in the service. It has indeed been thirteen years since 

the rendition of the judgment of that iniquitous court-martial; but 

during all these thirteen years General Kirby has been struggling a~ainst "the law's delays," and has been consta.ntly demanding of 

his country the justice that is due him by undoing the monstrous 

wrongs which that farcical proceeding inflicted upon him. 

Mr. CLARDY. I shall detain the committee but a moment, and I 

should have said nothing bnt for some remarks which fell from_ the 

gentleman from Wisconsin [Mr. BRAGG] in relation to the procurement of the testimonials accompanying this report. I represent a. 

people among whom Colonel Kirby lived in 1861. 
1072 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, 

Mr. BRAGG. Will the gentleman from Missouri allow metoread an act for the information of my military friend from Illinois, [Mr. 

SPARKS f ) 

Mr. CLARDY. I yield for a moment. 

Mr. BRAGG. In chapter 64 of the laws of 1878 will be found the 

act to which I referred: 

IJe it enacted, &c., That the provisions of law regula.tina appointments in the 

.Army by promotion in the line are hereby suspendeil. for ite 11urposes of this act, 

and only so far as they affect George .A . .Armes. 

That is similar to t!rls bill. 

.And the President can, iC he so desires, in the exercise of his ow11 <liscretioD 

and judgment, nominate and, by and with the advice and consent ef the Senate, 

appoint, &c. 

Mr. SP .ARKS. That is a case precisely in point. 

Mr. BRAGG. Exactly. 

Mr. SPARKS. · I stated that I had never seen one with wording 

just like this case. It seems there is one. Now I say in that case, as ~in this, that that languageisnotmandatory. The gentleman's point 

is that it is mandatory. 

Mr.BRAGG. Oh, no. · Mr. SPARKS. Did the President regard the act as mandatory in 

that oaae'l 

Mr. BRAGG. He said so. Mr. SPARKS. In theparticnlar case which you havejustread f 

Mr. BRAGG. In that pMticular case. - Mr. SPARKS. Well, sir, I want some proof of that. The gentle- man must get some evidence on it ; I cannot take mere statement, I 

say the act is not mandatory, and on that we join our issue. 

Mr. CLARDY. I was saying, Mr. Chairman, that I repre ent the 

people among whom Colonel Kirby lived in 1861 when he recruited 

his company and entered the service of the-United St~tes; a p~ople 

who knew him long years before and have known him ever moe; a people who appreciate his worth a.,s a citizen and feel a just pride 

in his brilliant record as a soldier. I am glad, in response to the gentleman from Wisconsin, to testify to their belief in his entire inno- cence of the offenses for which he was tried. I am glad I can say 

that their faith in his probity and integrity afforded by the testimony· of years has not been affected by the findings of this military court. 

Nor do I believe, Mr. Chairman, that any fair-minded man can exam- ine the testimony in this case without feeling that every hour which 

passes over the existence of this unreformed abuse of power upon the 

pa.rt of that court-martial is an hour to be regretted. 

The gentleman from Wisconsin concedes that the action of the 

court in turnin~ aside from the consideration of the main question 

to an examination as to whether a certain member of the court which 

had been trying him for six days had not a mental bias in his favor, was a little out of the way, a little irregular. But although it be 

true as stated by that gentleman that the minimum number by which a man may be tried m a military court is :five, and the maximum 

number thirteen, I say the authorities go to the extent of holding that 

when a trial is entered upon the accused hi entitled to the judgment 

of overy man upon that court as to his ~t or his :iun.Dcence. In this 

case, after an examination, as I have satd, for six days, fl. ve members of 

the court undertook to determine the question ofMajor-General Joseph 

A. Mowe1Js prejudice in favQlr of the accused; and they derterminedperhaps from his rulings or from the expression of his countenance 

pending the trial-that on its conclusion he would vote for acquittal, 

and by reason of his position as president of the court would influ- ence other members to do likewise. 

That j uuge-ad vocate, whose whole record in this case is replete with 

the grossest irregularities, who seems to have determined from the 

very outset to secure, at whatever cost, the conviction of Colonel 

Kirby, seeks to displace the president of the court, whom he believes 

to entertain a feeling friendly to the accused, and actuallrf succeeds 

in removing him, thus serving notice upon the other members of the 

court that they must convict. They do, at the dictation of that 

judge-advocate, convict this man; but his se~tence of ~D;viction, as has already been stated, was not approved by the military com- mander. It was not indorsed by him. On the contrary, he disapprove<.! it. But it wits approved when it reached the city of Washington, as we know it is habitual such :findings should be approved. 

Now, Mr. Chairman, this is all I llave to say. I simply wanted to 

refer to the testimonials mentioned by my friend from "'Wisconsin, 

which I did in a general way. I know from the letters I have re- ceived, I know from the enthusiastic friends he has in my district, 

they believe for the last thirteen years this man has suffered an outrage and that the time has come when he should be relieved. Take 

the testimony of James 0. Brodhead; take the testimony of John 

Logan ; t~tke the testimony of John Hogan, who is here; take the 

testimony of .James S. Rollins, of Missouri men who are influenced 

uy notlling except to render to every man that which belongs to him. 

I repeat that these testimonials were not only free and were not 

only expressive of the real feelings of the parties who gave them, 

but were spontaneous, and thousands from the best citizens of the city 

of Saint Louis conld likewise be procured. · I yield now to the gentleman from Alabama, [Mr. WHEELER.] 

l\h'. WHEELER. 1\fr. Chairman, I fully appreciate the se~iment 

which actuates my colleagues on the committee from Indiana, Wis- ~ousiu, aml New York, for whom and for whose opinions Ilia.ve the 

most profound respect. I full.y appreciate their motives; I agree "ith 

them, and will always sustain them in their most commendaole efforts to elevate the Army an(} to retain the~ein those, and only those, 

who have high character and whose conduct as officer and gentle- men have been such a-a to make them an honor to the Army. But in 

determining that questfun where can we get higher and better evidence than that presented here by General Kirby f Where can you 

get higher evidence as tow ho should be in the Army antf\v ho would 

be an honor to the Army than from such distinguished soldiers as General Grant, General Sherman, General Blair, General Price, General Mower, General Logan, General Howard, General Belknap, and 

General Morgan L. Smith f These men knew the character of General 

Kirby as a soldier and a citizen. I would say to my friend from Wisconsin, [Mr. BRAGG, 1 for whom I have a great regard, that those 

grea\ men did not teU white lies or diplomatic lies. They were actuated in giving the commendations which were before the committee 

simply by a desire to do what they believed to be for the good of the 

service. The committee in coll8idering this subject have done what 

my friend from Wisconsin has said they ought to do · they at as an appellate court; they considered the evidence furnished by the War 

Department, and their sole effort was to do what they believed to be 

plain, naked justice; and in doing this they determined that the proceeding of the court-martial which tried General Kirby were illegal, 

null, and void. 

The Articles of War say : 

Ge~eral courts· martial may consist of any number of officers from five to thlr· teen1 inclusive, but they shall not consist of less than thirteen when thatnwnber can oe convened without manifest injury to the service. 

The Articles of War also say that the officer who appoints the court 

is the one who is to determine what number can be convened withou.t 

manifest inj nry to the service. In this case the court was red -aced to 

the minimum, not by the officer who convened the court, as intimated 

by my friend from Wisconsin, but by the junior members of said court; 

and they did it because, as they say, the president of the court was prejudiced in favor of General Kirby. He may have been prejudiced. 

He fought with him from Belmont in 1861 to Bentonville in 1865. 

He had seen General Kirby in battle, and he may have been prejudiced 

in favor of a man whom he knew was a brave and gallant soldier and a gentleman. Napoleon said, " Too often we. allow one act of indis- · cretion to oft8et and destroy a life of brilliancy and usefulness." General Mower may have thought Napoleon was right and may have felt 

that one act of indiscretion on the part of thi gallant general should 

not offset all the brilliancy which he displayed on a hundred :fields, 

and this may have induced General Mower to insist that his comrade 

in arms by whose side he had so often. breasted the storm of battle 

should at least be granted a fair, legal and impartial b·ial. There is 

one more legal point. The Articles of War say that the officer who 

appoints a court-martial shall not designate the president, but the 

senior officer shall be the president. Therefore the officer in ordering a court designates the president in fact by arranging who shall be the 

senior officer. In this case the junior officers changed the president 

and substituted for the president one of their own uumber. 

Mr. BRAGG. Pardon me. Did not the General of the Army re- lieve the President from duty before any action was taken by the 

eourtf 

Mr. WHEELER. I do not think the record shows that such was the case. 

Mr. SPARKS. It shows they made their :findings after they had 

turned this man out and so far as they could by their judgment. 

The commander of the post states in his communication that he re- lieved General Mower from further service on the board, and he gives as the reason because the board had insulted hlm. }.~. WHEELER. One word more. The gentleman from Indiana 

ays this court consisted of :five volunteer officers. I would be the 

la-st man in this House to say one word reflecting on the volunteer 

officers of the Army of the United States. I know as well as any man their record of distinguished chivalry. It has given a luster to 

American arms and American chara.cter which justly commands the 

admiration of the world; but, with all respect to these brave men, 

and certainly abstaining from the slightest word which would detract from their military prestige, I can say without fear of contradiction from any professional soldier that if that court had been com- posed of men of military education and training, and who understood military law, this House would never have been called upon 

to discuss the subject they now have under consideration. 

Mr. McCOOK. I did not intend, Mr. Chairman, to say a word in 

regard to this case, and as members must be weary of the discussion, 

I will not consume the time of the committee at any great length. 

I have listened to this case, not only in this Congress, but in pre- ceding Congresses. I ha.ve given it as careful attention as I could. 

I have examined it befor-e the manuscript of the case was in print, 

and subsequently, and I have never varied from the belief which I 

entertained from all the examination I have been able to give to the 

subject, that Mr. Kirby should not be restored to the rolls of tho 

Army of the United States. 

Mr. Chairman, the gentleman from Wisconsin [Mr. BRAGG] and 

the gentleman from Indiana [Mr. STEELE] have in my )augment 

covered this ground so thoroughly and so completely that 1t IS scarcely 

necessary that I should detain the House with another wo;rd. But 

there are some facts to which 1 wish briefly to call your attention. 
1882. CONGRESSIONAL RECORD-HOUSE. 1073 

I say nothing in regard to Mr. Kirby's gallantry, nor do I deny that 

l1e was a brave and gallant soldier; that he was wounded in the discharge of his duty is unquestiOJl.ed. .As a recognition of that fact 

he was made an officer in the regular Army of the United State , a position for life or during good behavior; and in my judgment lte bas forfeited his position by his own acts, as shown by the records of the courts-martial and by all of the facts that have been submitted 

in the case. Nor need I say a•ything, for in one sense of the word 

it is not a matter of eonsequence in this connection, as to the legal 

aspect of the construction of that court-martial and the removal of 

General Mower, the president of the court, before the trial was ended. 

That question has been introduced here, and has figured largely in 

connection with the merits of this ca-se. But, Mr. Chairman General Mower is not on trial her . The sole question for us to determine is whether l\Ir. Kirby shall be restored 

to the rolls of the Army, and that is the only question submit ted to 

this committee. Now, in my judgment, from all of the fa,cts which 

:tppear in this case, he is a man wh8 is not entitled to it; antl he i:s 

uot a fit or pro:per person to be again placed on the rolls of the 

Army. In addition to the evidence, in my opinion clearly justifYing 

the action of the court-martial, let us look for a moment at the eftect 

upon other officers of the Army who have remained in the service !luring all of these long fourteen years' service that this man has p~rformed no sel'vicewhatever, has done nomilitaryduty. Itisthe 

injustice that the passage of this bill would do to such officers that 

makes it peculiarly objectionable in my mind. If this bill becemes a. law this man takes his place, accoriling to the statement of the 

gentleman from Iniliana, [Mr. STEELE,] as the ninetieth or ninetythird captain. He goes over the heads of over two hundred officers of the same rank who have served for fourteen years, officers who Lve ilischarged their duties hmwrably and fully and maintained 

the dignity and efficiency of the service while he bas been out of the service. And these are not new moo, Mr. Chairman. They are men, as ou will find by examining the Army Register, who have served 

in the Army honestly, 97 per cent. of them being volunteer officers, men who merit promotions; and yet this bill proposes, under these circumstances, to take this man and place him in a position above them 

in the service. It proposes to allow him to step to the front and take 

this promotion from the senior officers. In the langua~e of the gentle- man from Wisconsin, there is no way to maintain tne discipline of 

the Army unless the judgments of courts-martial shall be sustained 

by Congress, and from personal experience and my knowled<Te of courts-lllaJ:tial, and the manner in which facts are obtained by them, 

I believe it to be a matter that will not admit of serious contradiction that in 90 per cent. of the cases upon which they act their pro- cess enables them to arrive at the absolute truth, and if a man is 

declared guiUy by sentence of a court-martial, and they say dismi:s · him from the service, I believe in this proportion it will be done 

justly, honestly, and properly. 

The CHAIRMAN. The question is upon laying aside the bill and 

reporting it to the House with a favorable recommendation. 

The committee di vi <led ; and there were-ayes 63, noes 47. 

Mr. STEELE. I make the point of order that no quorum has voted. 

M1·. TOWNSEND, of Ohio. Letushaveayea-and-nay votein the 

House. 

l\fr. SPARKS. I hope t.he gentleman from Indiana will 'vithdraw 

the point and let the matter be settled by a vote in the House. 

:Mr. BRAGG. Then I renew the point that there is no quornm. 

When I am enlisted in a campaign I intend to go through with it. 

The CHAIRMAN. The point of order being made that no quorum 

ba.s voted, the Chair w:ill appoint tellers. 

Mr. BRAGG and Mr. SPABIS were appointed. 

The committee divided; and the tellers reported-ayes 91, noes 54. 

Mr. BRAGG. No quorum. I move that the committee now rise. 

1\fr. SPRINGER. That is not in order. 

Mr. BRAGG. The announcement was made of the vote, and I 

abject to counting additional members. I insist upon the motion. 

The CHAIRMAN. If the point of order is insisted upon, that no quorum has voted, it is the duty of the Chair to cause the roll to be 

called. 

Mr. BRAGG. I insist upon my motion that the committee rise and 

report to the House. The vote has been announced by the Chair. 

The CHAIRMAN. The gentleman from Wisconsin himself having 

made the point of order that no quorum bas voted, it is the duty or the Chair to ca.use the tellers to resume their places and continue the 

count. 

The tellers having resumed their places, the committee again 

(livided; and t.he tellers reported-ayes 96, noes 56. 

So the bill was laid aside to be reported to the House with a favorable recommendation. 

Mr. BRAGG. I move that the committee rise. 

The motion was agreed to. 

Tho committee accordingly rose; and Mr. DUNNELL having taken 

the chair as Speaker pro tentpm·e, Mr. Joy~ reported that the Commiti ee of the Whole House on the Private Calendar having had under consideration tbe bill (H. R. No. 909) for the relief of D. T. Kirby, had 

directed him to report it back to the House with the recommendation 

tl.lat it do pass. 

ORDER OF BUSL~SS. 

l\fr. BRAGG. I move that the H~use do new adjo~! 

Xlll-68 

l\Ir. IDSCOCK. I ask the gentleman from Wi cousin to yield t6 me that I may make a report from the Committee on Appropriations. 

Mr. BRAGG. I will yield for that purpose only. 

DEFICIENCY APPROPIUATION BILL. 

Mr. HISCOCK, from the Committee on Appropriation , reported a bill (H. R. No. 42'..H) to provide for certain of the most urgent deficien- cies in the appropriations for the service of the Govemment for the 

fiscal year ending June 30, 1882, and for other purposes; which was r ead a fir t and second time, referred to the Committee of the \Vbole 

House on t he state of the Union, an(l, with the accompanying report, 

ordered to be printed. 

l\fr. IDSCOCK. I give notice that I shall move to go into the 

Committee of the Whole on the state of the Union for the consideration of this bill after the call of States on l\fonday. 

.Mr. l\Icl\IILLIN. I reserve all points of order on the bill. 

MILITARY ACADEMY APPROPRIATION BILL. 

l\lr. BLACKBURN, from the Committee on Appropriations, reported a bill (H. R. No. 4222) making appropriations for the support of the 

l\1ilitary Academy for the fiscal year ending June 30, 1883, and for 

other purpo es; which was read a first and second time, referred to 

the Committee of the Whole House on the state of the Union, and, 

with the accompanying report, ordered ts be printed. 

l\11:. SPRIGNHR, I 1·eserve all points of order on the bill. 

MESSAGE FROM THE SE.~ATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, was received, announcing that the Senate had pnssed bills of the following titles, in which concurrence of the House was requested: 

A bill (S. No. 164) granting a pension to Mary A. Davis; 

A bill (S. No. 175) for the relief of D. T. Kirby; and 

A bill (S. No. 314) to designate, cla.ssify,and:fi.xthe salariesofper- sons in the rail way mail service. 

AMENDMENT TO APPORTIONMENT BILL. 

l\Ir. JOYCE. At the request of the gentleman from Kansas [Mr. 

AXDERSON] I ask unanimous consent that an amendment he has prepared to the apportionment bill may be printed in the RECORD. 

The SPEAKER. The Chair is of opinion the gentleman is entit.led 

to have the amendment printed in the RECORD under the continuing 

order of the House. The amendment will be printed in the RECORD. 

The amendment is as follows: 

Add to section 2 as follows: ' 'And if the population of any State shall be ascertained, as hereinafter provided, t() have increased above the ennmeration of said St te in 18!!0, to the full number 

of the ratio of representation for a member of the House of Representatives recog- nized by this act, namely, 151,912, said State shall be entitled to one additionAl 

Representati•e for each additional and full group of 151,912 inhabitants. . " The ascertainment of such increase of population shall be in the manner followin_g: " WheBever any State shall have deposited with the Treasner of tbe United 

States, payabl e on the order of the Secretary of the Interior, a. sum of money double 

in amount of the sum expended by the Unitea States in the enumeration of the inhabitants of said State in 1!!80, the Secretary of the Interior shall cause to be made a new enumer ation of the population of such State in the same manner and months 

that the enumeration of 1880 was made; and when he .shall have certified to the 

Clerk of the House of Representatives that the total population of said State is 

grea.ter by 151,912 than the number obtained by mnltiplying 151,912 by the number 

of the RepreAentatives assigned to uch Sta.te by this act, said State shall be entitled to one additional Representative for eaoh full and additional group of 151,912 

inhabitants; and the additional Representative or Representatives may be elect.ed f~'Om the State at. large t() serve in the Congress next ensuing aft-er the commence- ment of such enumeration, but shall be elected from a district to the Congress or CongresRes subsequent thereto. If said Secretary shall doubt the accuracy of the 

first enumeration he may cause a. second one t() be made in whole or in part, and a material inaccurack in such enumeration shall be a f:tod and sufficient reason for ~d ~d:ft~cf. of a epresentative by the House t() w ·ell he may have been elected 

"The Secretary of the Interior shall pay the entire expense of such enumeratioa or enumerations out of the sum or sums deposited to his order by said State. II 

the sum fu . t deposited by said State shall not be sufficient for the defrayal of said 

expenses, the State shall deposit, as above, a sum sufficient therefor; nor shall he 

certify the results of the enumeration lmtil such sufficient deposit has been made. 

~~ ~=trs~rd ssf:t:~.posit or deposits after the payment of said expenses he 

ORDER OF BUSINESS. 

Mr. BRAGG. I renew my motion that the House do now adjourn. 

The SPEAKER. \Vill the gentleman from Wisconsin withhold his 

motion to allow the Chair to sublnit certain matters to the House Y 

l\lr. BRAGG. Yes, sir. 

REFORM SCHOOL, DISTRICT OF COLUMBIA. 

The SPEAKER announced the appointment of :Mr. CHACE, of 

Rhode Island, as a consulting trustee of the Reform School of the 

District of Columbia, to hold such office for a period of two years, as provided by law. 

ORDER OF BUSINESS. 

:Mr. SPARKS. The Committee oftheWholeHouseon the Private 

Calendar reported a bill with a. favorable recommendation--

1\fr. BRAGG. I object to any debate on the motion to adjourn. 

Mr. SPARKS. Is there a motion to adjourn pending T 

The SPEAKER. There is; but the Chair asked unanimous consent to lay certain matter before the House. 

.Mr. SPRINGER. Let us vote down the motion to adjourn. I 

object to anything coming in now by unanimous conseRt until the 

motion to adjourn is voted down. 

The question being tak-en on the motion to adjourn, there wereJ1les 33, no~s '!~ . 
1074 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, 

Mr. BRAGG. I call for tellers. 

On the question of ordering tellers there were-ayes 5; not a sufficient number. 

So tellers were not ordered, and the motion to adjourn was not 

agreed to. D. T. KIRBY. 

Mr. SPARKS. I now demand the previous question on the en- grossment and third reading of the bill (H. R. No. 909) for the relief 

of D. T. Kirby, which has been reported from the Committee of the 

Whole House on the Private Calendar with a favorable recommendation. 

The previous question was ordered. 

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

The question being taken on Mr. BRAGG's motion, there were-ayes 

16 noes 74. M;. BRAGG. I call for the yeas and nays on the motion to adjourn. On the question of ordering the yeas and nays there were ayes 2-

not a sufficient number. 

So the yeas and nays were not ordered, and the motion to adjourn 

was not agreed to. 

Mr. BRAGG. I ask to have the engrossed bill rea{].. 

Mr. SPRINGER. It is not a question now of reading th(\ engro sed 

bill but of ordering the bill to be engrossed. It l:Casnot been ordered 

to be engrossed yet. 

The SPEAKER. When the bill ha-s been ordered to be read a third 

time the engrossed bill will have to be read if the gentleman from 

\Visconsin demands it. The question is now on the engrossment and 

third reading of the bill. 

Mr. BRAGG. On 'the question of the engrossment and third reading of the bill, the Honse has decided that it be engrossed and read 

a third time. 

The SPEAKER. The gentlemen is under a mistake. The previous 

question was ordered on the engrossment and third reading. Tho 

question is now, Shall the bill be engrossed and read a third timeT 

The question being taken, the bill was ordered to be engrossed and 

read a third time. 

Mr. BRAGG. I ask to have the engrossed bill road. 

The SPEAKER. The bill has been ordered to be engrossed. 

Mr. SPRINGER. It is a very short bill and ca,n be engrossed in a 

few minutes. 

The Clerk read the engrossed bill. 

Mr. BRAGG. I move that the House (10 now adjourn. 

Mr. SPARKS. I move the previous question on the passage of the 

bill. 

The SPEAKER. The motion to adjourn is first in order. 

The question being taken on the motion to adjourn there were-ayes 

2, noes 73. 

So the motion was not agreed to. 

The previous question was ordered on the passage of the bill. 

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

The question being taken, there was aye 1, noes not counted. 

Mr. BRAGG. I call for tellers. 

On the question of ordering tellers there was aye 1. 

So.- tellers were not ordered. 

Mr. BRAGG. I make the point that no quorum voted on the last 

vote. • The SPEAKER. It is not necessary that a quorum shall vote on a motion to adjourn. 

So the motion to adjourn was not agreed to. 

The SPEAKER. The question is on the passage of the bill. 

Mr. BRAGG. Upon that question I call for the yeas and nays. 

On the question of ordering the yeas and nays there were-ayes 

36, noes 104. ·So (the affirmative being more than one-fifth of the entke vote) 

the yeas and nays were ordered. 

The question was taken; and there were-yeas 97, noes 63, not 

voting 132; as follows: 

.Aldrich, 

:Beach, 

~· :B~ard, 

:Brewer, 

Browne, 

Brumm, 

Cabell, 

Carpenter, 

Cassidy, 

Chapman, 

Clardy, 

Clark, 

Cobb\ 

Coler1ck, 

Cook, 

Covington, 

Cravens, 

Culberson, 

_Darrell, 

Davis, George R. 

bowd, 

Ellis 

Ennen trout, 

Errett, 

Flower, 

Ford, 

Forney, 

Gn.rrison, 

Geddes, 

George, 

Grout, Gunter, 

YEAS-97. · 

Humphrey, 

.Jacobs, 

.Jadwin 

.Tones, George W. 

.Tones, James K. 

.Joyce, 

Hall, 

Harris, Ben.1- W. Harris, Henry S. 

Hatch, 

Henderson, 

Hepburn, 

Herbert, 

Herndon, 

Hewitt, G. W. Hoblitzell, 

Hoge, 

Holman, 

Horr, 

Houk, 

House, Hubbs, 

Klotz, 

La.tham, LeFevre, Lord, 

Manning, 

Marsh, 

McClure, 

Miller, 

Mills 

M~, 

Morrison, 

Muldrow, 

Mutchler, 

Oates, 

Pettibone, 

Reag;m, 

Rioe, Theron M. Rich 

Rich~rdson, .Tno. S. 

:Robinson, Wm. E. 

Scales, 

Shallenberger, Shelley, Smith, A. Herr Sparks, 

Speer, 

Springer, 

Strait, 

Thompson, P. B. 

Tillman, 

Turner, Oscar 

Upson, 

Vance, 

Van .Aernam, 

VanHorn, 

Webber, 

Wellborn, 

Wheeler, 

Willis, 

Wilson, 

Wise, George D. 

.Atherton, Bowman, 

Briggs, 

Bucnanan, Buck., 

Calkins 

Camp, ' 

Clements, 

Converse, Cox:, William R. 

Crapo, 

Cullen, 

Dawes, 

Dibble, Dibrell. 

Dingley, 

NAYS-63. 

Enns, :Farwell, Sewell S. 

Finley, 

Godshalk., Hammond, N . .T. 

HMdy, 

Haseltine; 

Haskell, 

Heilman 

Hiscock,' 

Kasson, 

Ketcham, 

Lindsay, 

Matson, 

McCoid, McCook, 

M~, 

Miles, 

Neal, 

Norcross, 

Payson, 

Peelle, 

Pierce, 

Pound, 

Ranney, 

Rice, .T ohn B. 

Ritchie, 

Robinson, Geo. D. 

Sooville, 

Scranton, 

Shultz, 

Simonton, 

NOT VOTING-132. 

Aiken, Cutts, Lacey, 

Allen, Davidson, Ladd, 

Ander on, Davis. Lowndes H. Leedom, 

.A.rmfteld, Deering, Lewis, 

Atkins, De Motte, Martin, 

:Barbour, Denster, Mason, 

Barr, Dezendorf, McKenzie, 

:Bayne, Dugro, McKinley, 

:Befford, Duim, McLane, 

:Belmont, Dunnell, Money, 

:Beltzboo'""el', Dwight, Morey, :Bingham, Farwell, Cha . B. Morse, 

:Bla.ckbm·n, Fisher, Mosgrove, 

:Bland, Frost, Moulton, 

Bli s, Fulkerson, Murch, 

Blount, Gibson, Nolan,. 

Braj!g, Guenther, O'Nein, 

Buckner, Hrunmond, .John Orth, 

Burrows, J"nlius C. Ha.rdenbergh, Pacheco, 

Burrows, Jos. H . Harmer, Page, Butterworth, Hawk, Parker, 

Caldwell, Hazelton, Paul, 

Campbell, Hewitt, Abram S. Phelps, Candler, Hill, Phister, Cannon, Hooker, Prescott, 

Carlisle, Hubbell, Randall, 

Ca well, Hutchins, Ray, 

Chace, .Tone , Phineas ROOd, • Chalmers, , .Tor~ensen, Rice, William W. 

Cornell, Kelley, Richardson, D.P. 

Cox, Samuel :5. Kenna., Robertson, 

Crowley, Kinj!, Robeson, 

Curtin, Knott, Ro\l4lson, .Tas. S. 

So the bill was pa sed. 

The following pairs were announced: 

Mr. THOMAS with Mr. DAVIDSON. 

Skinner, 

Smith, Dietrich C. 

Steele, 

Stockslager, 

Stone, 

Townsend, Amos 

Turner, Hem·y G. 

Updegra; .T. T. 

Updegran, Thomas. 

Wadsworth, 

Warner, 

West, 

White 

Whltthorne, 

Willits. 

Rose rans, Ro88, 

Russell, 

Ryan, 

Shackelford, 

Sherwin, 

Singleton, .T as. W. 

Singleton, Otho R. 

Smitht_.T. Hyatt Spaolaing, 

~Spooner, 

Stephens, 

TnJ.bott, 

To.ylor, 

Thomaa, 

Thompson, Wm. G. 

Townshend, R. W 

Tucker, 

Tyler, 

U'"rner, Vruentine. 

Van Voorhis, 

Wait, 

Walker, 

WR.rd, 

Washburn, Watson, 

Williams, Chas. G. 

Williams, Thomas 

Wise< .Morgan R. 

Wooa, Benjamin 

Wood, Walter A. 

Young. 

Mr. FARWELL, of Illinois, with Mr. TOWNSHE~D, of Illinois. 

Mr. COR:miliL with Mr. KELLEY. 

Mr. CARLISLE with Mr. Mc:KrnLEY. 

Mr. ROSECRANS with Mr. FISHER. 

Mr. HILL with Mr. HARI>ENBERGH. 

Mr. HUBBELL with :Mr. McKEli.TZIE. 

1\!r. 1\!cLANE with :Mr. URXER. 

1\Ir . .Anrn....~ with Mr. WARD. 

Mr. SMITH, of New York, with Mr . .ARMFIELD. 

Mr. MARTIN with Mr. HARMER. 

1\Ir. EIDIENTROUT with Mr. BARR. 

Mr. CONVERSE with Mr. DWIGHT. 

Mr. BLACKBURN with Mr. CANNON. 

Mr. DUNII.TELL with Mr. KEII.TNA.. 

Mr. RANDALL with Mr. O'NEILL. 

Mr. SL~GLETON, of lllin•is, with lir. HAWK. 

J\Ir. CALDWELL with Mr. SHERWIN. 

J\Ir. WILLIA1\:IS1 of .Alabama, with Mn. RYA...'i. 

Mr. BAYNE with Mr. BELTZHOOVER. 

Mr. RUSSELL with Mr. YOUNG. 

Mr. DEUSTER with ~Ir. GUENTHER. ~Ir. McCooK with Mr. Knm, on all political questions for to-day, re ervin(J' the right to Mr. McCook to vote on this bill. 

Mr. CONVERSE. I am paired with Mr. DWIGHT on all political 

questions. Not regarding this as such, I have felt it proper to vote on the passage of this bill. 

J\Ir. SPARKS moved to reconsider the vote by whioh the bill was passed; and also moved that the motion to reconsider be laid on the 

table . The latter motion was agreed to. 

L~SPECTORS OF HULLS AND BOILERS. 

:Mr. SKINNER, by unanimous consent, introduced a bill (H. R. No. 

4223) amending section 4414 of the Revised Statutes of the United 

States, fixing the compensation of inspectors of hnlls and boilers in 

the several districts of he United States; which was read a first and 

eoond time, referred to the Committee on Commerce, and ordered to 

be printed. HARBOR OF REFUGE 0~ LAKE HURON. 

~Ir. llORR, byunanimouscon.sent, submitted the following; which was referred to the Committee on Commerce: · 

Reaolved, That the Secretary of War be requested to furnish to this House any additional information or estimates obtainable in reference to the harbor of refuge at or near the mouth of .Au Sable Ri~er on the west coast of Lake Huron sur~ey 

of which has been made by order of Con~ess. ' 
1882. CONGRESSIONAL RECORD-HOUSE. 1075 

JANB VENABLE. 

Mr. WARNER, by unanimous consent, introd'nced a bill (H. R. 

No. 4224) for the relief of Mrs. Jane Venal)le; which was read a first and second time, referred to the Committee on Foreign Af:l'airs, 

and ordered to be printed. 

SALARY OF INDIANA DISTRICT JUDGE. 

Mr. PIERCE, by unanimous consent, introduced a bill (H. R. No. 4~25) to fix the salary of the judge of the district court of the United 

States for the district of lndja,na; which was read a first and second 

time, referred to the Committee on the Judiciary, and orderP-u to be 

printed. MARION WILLIA.."\18. 

Mr. PIERCE, by unanimous consent, also introduced a bill (H. R. 

No. 4226) to rerate the pension of Marion Williams; which was read a first and second time, referred to the Committ~e on Invalid Pensions, and ordered to be printed. 

CHARLES. D. HOFFM.A....~. 

Mr. PIERCE? by unanimous consent, also introduced a bill (H. R. 

No. 4227) granting a pension to Charles D. Hoffman; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

CHARLES E. CREAGER. 

Mr. PIERCE, by unanimous consent, also introduced a bill (H. R. 

No. 4228) granting a pension to Charles E. Creager; which was read a first and second time, referred to the Committee on Invalid Pen- sions, and ordered to be printed. 

W. F. C. GREGORY, JR. 

Mr. WISE, of Vjrginia, by unanimous consent, submitted the following; which was referred to the Committee on Accounts: 

Resolved, That there be paid out of the contingent fund of the House of Representatives to the Sergean1ra1rArms thereof the sum of $300, or so much as may be 

necessary thereof, to pay the funeral and other expenses contTacted for the sickness 

and death of William F. C. Gregory, jr., late an employe of the folding-room of 1his Bouse ; and there shall also be paid out of the contingent fund of this House three 

months' pay, from September 30, 1881. to hi.s mother, Mrs. H. F. C. Gregory; both sums appropriated by this resolution shall be subject to the Committee on Accounts. 

PAY OF HOUSE EMPLOYES. 

Mr. HOUK, by unanimous consent, submitted the .following resolution; which was referred to the Committee on Appropriations: 

Resolved, Th~t the Committee on Appropriations be instructed to inquire and 

report to this House whether any disparity exists between the salaries of the em- ploy~s of the Honse of Representatives and employes of the Senate, respectively; and in the event that such disparity is found to exist, that said commit teo be instructed and authorized to report some measure to equalize the same. 

ALLEN EVANS. 

Mr. ATHERTON. The bill (H. R. No. 1342) granting a ptmsion to 

Allen Evans was by inadvertence referred to the Committee on lnvalfd Pensions when it should have been referred to the Committee on Pensions. I ask that the former committee be discharged from 

the further consideration of the bill and that it be referred to the 

Committee on Pensions. 

TJ:rere being no objection, it was ordered accordingly. 

POST-ROUTES IN NORTH CAROLINA. 

MI>. HUBBS. I ask una.nimous consent to introduce, for reference 

to the Committee on the Post-Office and Post-Roads, a bill to establish post-routes in North Carolina. 

The SPEAKER. Post-route bills are, under the rules, l'eferred 

through the petition-box. CATHARINE HENRY. 

:Mr. BEACH, by unanimous consent, introduced a bill (H. R. No. 

4229) granting a pension to Ca-tharine Henry; which was read a firRt 

anil second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

PUBLIC BUILDING AT NEWBURGH, NEW YORK. 

Mr. BEACH also, by unanimous consent, introduced a bin (H. R. 

No. 4230) for the erection of a public buildin~ at Newburgh, New York; 

which WaH read a :first and1second time, reterred to the Collllll.ittee on PuLJic Buildings and Grounds, and ordered to be printed. 

HEffiS OF JOHN 8. OVIATT. 

Mr. liA WK, (by request,) by unanimous consent, introduced a bill 

(H. R. No. 4231) granting pensions to the minor heirs of John S. 

Oviatt; which was read a :first and second time, referroo to the 

Committee on Invalid Pensions, and ordered to be printed. 

JAMES THOMPSON. 

Mr. HARRIS, of New Jersey, by unanimous consent, introduced a bill (H. R. No. 4232) for the relief of James Thompson; which was read a first and second time, referred to the Committee onlnvaJ.id 

Pension.s, and ordered to be printed. 

W. B. HOMER. 

Mr. CilTDLER, by unanimous consent, introduced a bill (It. R. No. 

42:33) forthereliefofW. B. Homer; which was read atirstand seeond 

thne, referred to the Committee on Claims, and ordered to be printed. 

CHEYENNE AND BLACK HILLS TELEGRAPH Lll\."'E. 

Mr. POST, by unanimous consent, introduced a bill (H. R. No. 4234) 

autliorizing tlie Secretary of War 1io purcha-se the Cheyenne and 

:m;tck }lills tele~raph l.ine, &c.; wh?-oh w_a.s rep.~ a fir~ _ill)d second 

time, referred to the Coffimittee on Military ..A.ffairs, and ordered to 

be printed. INOCULATIOX OF AND:IALS. 

Mr. SMITH, of Illinois, by unanimous consent, presented a letter 

from Paris, France, to D. C. Smith, regarding the inoculation of animals to prevent disease, with accompanying letters from theN ational 

Board of'.Health and the Department of Ag1·iculture; which were t·eferred to the Committee on Agriculture. 

MISSISSIPPI, ALBUQUERQUE AND lNTEROCEA.!.~ RAILWAY. 

: Mr. CRAVENS, by unanimous consent, introduced a bill (H. R. ~o. 

4235) authorizing the Mississippi, Albuquerque and lnterocean Railway Company, organized undertheJiawsof Arkansas and New Mexico, 

to construct a railroad through the Choctaw and Chickasaw Nations; 

which was read a first and second time, referred to the Committee on Indian. .Affairs, and ordered to be printed. 

FRANCIS M. BELL. 

Mr. CAMPBELL, by unanimous consent, introduced a bill (H. R. 

No. 4236) for the relief of Francis M. Bell; which was read a first 

and second time, referred to the Committee on Claims, and ordered 

to be printed. GEORGE W. BRINTNA.LL. 

Mr. S:MITII, of Pennsylvania, by unanimous conseRt, introduced a bill (H. R. No. 4~7) granting a pensi-on to George W. Brintnall; 

which was read a :first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

THOMAS F. JOHNSON. 

Mr. PETTIBONE, by unanimous consent, introduced a bill (H. R. 

No. 4238) for the relief of Thomas F. Johnson; .which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to Le printed. 

WILLIAM WILSON. 

Mr. PETTIBO:NE also, by unaninlous consent, introduced a bill (H. 

R. No. 4239) for the relief of William Wilson; which wa-s read a first and second tim(3, referred t.o the Committee on Invalid Pensions, and orde1·ed to Le printed. 

CHIRIQUI GRANT. 

Mr. ll.A.RRIS, ofl\fassachusetts. I ask consent to submit for immediate adoption the resolution which I send to the desk. 

The Clerk read as follows: 

Resolved, That the Public PrintRr be directed tQ furnish for the use of theN avnl 

Co1IlDllttoo advance copies without the maps of tl.Je letter of the Secretary of the 

Navy and the accompanying reports, communicatrons and information relative to certain lands and harbors known as the Chiriqui grant. 

Mr. HARRIS, of Massachusetts. The reason for asking the acloption of this 1·esolution is that the Public Printer informs us the 

maps to accompany this document cannot be prepared in less than 

two months. 

The resolution was adopted. 

Mr. HARRIS, of Massachusetts, moved to reconsider the vote by 

which the resolution was adopted, and also moved tltat the motion to 

reconsider be laid on the table. 

The latter motion was agreed to. 

ENFORCEl\:IE..~ OF INTERNAL-REVEli.'UE LAWS. 

The SPEAKER, by unanimous consent, laid before the House a letter from the Secretary of the Treasury, transmitting, in respect to a resolution of the House of Representatives, a list of the officers and 

employes of the Internal Revenue Bureau and of the Department of 

Justice who have been killed or wounded in the enforcement of the 

internal-revenue laws of the United States. 

l\1r. MARSH. I would like to have that document read and printed. 

The SPEAKER. Under the rule it will be printed. The commu- nication is referred to the Committee on Pensions, and ordered to be 

printed. - Mr. SPRINGER. I move that the House adjourn. 

The motion was agreed to; and accordingly (n.t five o'clock and :five 

minutes p. m.) the House adjourned till Monday next. 

PETITIONS, ETC. 

The following memorials, petitions, and otherpapers were laid on the Clerk's desk, under the rule, and referred as follows: 

By Mr. BELFORD: The petition of Wolff & Brown, for pay for 

service of horses-to the Committee on War Claims. 

By Mr. BOWMAN: The petition of Sweetsie Brothers of Boston, 

Massachusetts, for certain changes in laws relating to exportation of 

tobacco and snuff, and to export bonds therefor-to the Committee on Ways and Means. 

By Mr. BRIGGS : The petition of ex-Governor Smyth and 18 others, 

citizens of New Hampshire, and of the governor and council of New 

Hampshire, for an appropriation for the improvement of the navigation on Lake Winnipesaukee-severally to the Committee on Com- merce. 

By Mr. CAMPBELL: Papers relating to the pension claims of 

Noah Caton, of Edmund Eastman, and of Mary E. Murray-severally to the Committee on Invalid Pensions. . .Also, the petition of .J. W. Gum.mo, to have the charge of desertion 

removed from his military record-to the Committee on Military Affairs~ 
1076 CONGRESSIONAL RECORD-SENATE. FEBRUARY 13, 

Also, papers relating to the pension claims of Daniel D. Long, of 

\Villiam T. McCoy, and of James Newbury-severally to the Committee on Invalid Pensions. ·By Mr. CHAPMAN: The lletition of Jesse R. Edelin and other, 

citizens of Prince George's County, Maryland, for an appropriation 

for dredging Piscataway Creek-to the Committee on Commerce. 

Also, tbe petition of ·william Boswell and 100 othel's citizens of 

Charles County, Maryland, praying for an appropriation for dredging 

Port Tobacco Creek-to the same committee. 

By Mr. COVINGTON: The petition of citizens of Somerset County 

and of :Baltimore, Maryland, for aid in improving the navigation of 

Manokin River, up to Princess .A...ane, in said county-to the same 

committee. 

.Also0 the petition of citizens of Maryland, praying that Cambridge, 

in that State, be made a port of entry-to the same committee. 

By Mr. S. S. COX: The petition of Lexington Avenue Baptist 

church, of New York City, praying for the appointment of a com- mission of inq ulry concerning the alcoholic liquor tmffic-to the Select 

Comruittee on the .Alcoholic Liquor Traffic. 

By Mr. DARRELL: A bill making an appropriation for dredging 

Bayou Terre Bonne from Houma to Thibodeaux, Louisiana-to the 

Ct>mmittee on Commerce. 

Also, a bill making an appropriation for remova.l of the bar at the 

months of the Atchafalaya River and Bay, in the State of Louisiana-to the same committee. 

By :Mr. DEZENDORF: Papers relating to the claim of Jane Milligan, for pay.mcnt for services of her father, Bernard O'Neil, to the 

United States Govern.mtmt-to the Committee on Foreign Affairs. 

Also, the petition of Mary E. Parker -and others, for compensation 

for the library.of L. C. P. Cowper, destroyed by the United States 

Army during tho late rebellion-to the Committee on \Var Claims. 

Also, the petition of E. D. Cornick, for compensation for the use and occupa.tion of property by the United States Government-to 

the same committee. 

By Mr. DIBRELL: The petition of.Asa Faulkner, for com pen ation 

for cotWil-to the same committee. 

By Mr. HARDY: The petition of Andrew Beiser, Henry W. Newbeck, and other-s, of New York City, in relation to the advisability of impo~;ing a duty on certain strings used on musical instruments-to 

the Committee on Ways ancl Means. By Mr. HASELTINE: The petition of R. R. Nevins and others, 

praying that pensions be granted to oldiers who served in the :Mexican war-to the Committee on War Claims. 

.Also, thefetition_of 0. Armstrong & Brother and others, for the extension o a mail-route-to the Committee on the Post-Office and 

Pot-Roads. 

By Mr. HQBLITZELL: Pape1·s relating to the claim of J. Vernon 

Campbell for compensation :for work done on the War, State, and 

Navy Department building-to the Committee on Claims. 

Also, the petition of John ~weaer, for compen ation for loss of 

.Property while in ho pital-to the Committee on War Claims. 

By Mr. JACOBS: The petition ofWilliamDean, executor of .Alonzo 

Child, and others, members of firm of Child, Pratt & Fox, of Saint 

Louis, for compensation for supplies furnished the United States 

Army during the late rebel'Uon -to the Committee on Claims. 

By Mr. MOORE : Papers re-lating to the cla.im of Richard L. Andrews, administrator of the estate of M. H . Battle-to the Committee on War Claims. 

By Mr. MORRISON: Memorial of Mrs. Dr. Clemment and other 

la-dies of Brignton, illinois, for the extirpation of polygamy, and to 

prevent any polygamist occupying a seat in Congress-to the Committee on the .Judiciary. 

By 1\Ir. PAUL: The petition of J. M. Dutrou, messenger in the 

House Library, for i!llcrea-se of compensation- to the Committee on Accounts. By Mr. PETTIBONE : Papers relating to the claims of William 

Casteel and of John Henry-severally to the Committee on \V ar Claims. By Mr. PIE•RCE: Memorial of Thomas M. Robertson and 60 others, 

citizel!l.s of Brazil, Indiana, in opposition to the French metric system, 

and praying that it shall not be made l~~al in any Govemment transaction-to the Committee on Coinarre, weights, and Measures. 

By Mr. ROBERTSON: Papers refating to the claim of Lewis Allen 

-to the Committee on Private Land Claims. 

By Mr. J. S. ROBINSON: The, petition of citizens of Knox County, 

Ohlo, praying for legislation regulating charges for railroad transportation-to the Committee on Commerce. 

By Mr. SHELLEY: The petition of W. Brewer and others, of 

Lowndes County, Alabama, against the increa e of the duty on iron 

ties for the baling-of cotton, and for material reduction of duties on 

all impo~-ted articles-to the Committee on Ways and Means. 

By Mr. WILLIAM: G. THOMPSON: The petition of True Putney, ask"ing to be relieved from payment of certain taxes on lot-s in Wash- in~on, District of Columbia-to the Committee on the District of 

Columbia. 

By Mr. TUCKER : Papers relatin~ to the claim of l\Iildred Parsous--to the Committee on W a.r ClaUDB. 

By Mr. WILSON: Papers relating to the pension claim of Jolm 

,V, Mitchell, of Ritchie County, West V.iiginia-to the Committee on Invalid Pensions. 

SENATE. 

MONDAY, Februat·y 13, 1882. 

Prayer uy the Chaplain, Rev. J. J. BULLOCK, D. D. 

The Journal uf the proceedings of l!TI.day last was road and approved. 

EXECUTIVE COMMUNICATIONS. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of War, transmitting, in compliance with sec- tion 232 of the Revised Statut-e .

1 an abstract of the militia force of the 

United States; which was reterred to the Committee on Military 

Affairs, and ordered to be printed . He also laid before the Senate a communication from the Secreta-ry 

of War, transmitting a report from Captain C. J. Allen, Corps of Engineer, of examinations of Beaver Bay, Grand Portage Bay, and 

\Van -wan-goningBay,Minnesota, made incompliance with therivoc 

aml harbor act of March 3, 1881 ; which was referred to the Committee on Commerce, and ordered to be printed. 

PETITIO~S .il."D ME fORIALS. 

The PRESIDENT protemporepresented. a resolution of the National 

Board of Trade, :t}woring the return of the balance of the Japanese in- demnity fund af.\cr the payment of actual damages sustained by 

American citizenl!l; which was referred to the Committee on Foreign 

Relations, and ordered to be printed. 

Mr.ANTHO.NY. IpresentthememorialoftheRhodeislandWoman 

Suffrage Association, signed by Elizabeth B. Chace, president, Sarah 

E. H. Doyle, chairman of the executive committee, and Fr deric A. 

Hinckley, Anna E . .Aldrich, and Mary J. Channing, members of the executive committee, remonstrating against any discrimination on account of sex in legislation in relation to the Territory of Utah; protesting against the admission ofDakotaor any new State into the Union 

with any distinction of sex in the exercise of the right of suffrage; 

and praying that the nece ary measures be taken to submit to the 

people an amendment to the Constitution providing that the right of 

citizens of the United States to vote shall not be denied or abndgetl on account of ex. I move the reference of the memorial to tJ 1e Select 

Committee on Woman Suffrage. 

The motion was agreed to. 

Mr.ANTHONY. IalsopresentapetitionofcitizensofRhodelsland, 

praying for the pa age of an act provitling that appointments to subordinate executive offices hall be made from persons who ~ fitness 

has been ascertained by competitive examination open to all applicant-s properly qualified, and that removals from such offices shall be 

made for legitimate can e only, and not for political opinion or for 

refusal to render party service. This petition is one of the most re- spectable in signature, and one of the most beneficient in its object 

of any that I haYe ever had the honor t.o present to the Senate. It was circulated by the Young Men's Political Clnb of Rhode Island, a, 

very patTiotic and intelligent body of young men, and it contains the 

signature of the governor of the State, of the judges of the supreme 

court, and of v ry many men of high reputation and standing in professional and mercantile circle . The subject of civil service reform 

has deeply engaged the attention of the people of the State which I 

have the honor in part to represent, and while they present no plan 

in detail, leaving that to the wisdom and patriotism of Congress, th~-y 

aTe very much in earnest in favor of a reform in this regard. I mo~ -e that the petition be referred to the Committee on Civil Service at· d 

Retrenchment. 

The motion was agreed to. 

Mr. FERRY presented the petition of Thomas D. Smith and others, 

citizens of Ravenna, l\Iichigan, praying for legislation regulating 

charges for railroad transportation; which was referred to the Committee on Commerce. 

He also pre en ted the petition of R. P. Fitzgerald & Co. and others, 

citizens of :Milwaukee, Wisconsin, praying for the establishment of a light-house at the entrance of Little Traverse Harbor, Michigan; 

which was referred to tbe Committee on Commerce. 

He also presented the petition of James Cummiskey and others, 

ex-Union soldiers, of Portland, Michigan, praying f9r the passage of 

the bill known as the equalization bounty bill; which was referred 

to the Committee f>n Military Affairs. 

llli.·. SHERMAN presented the petition of the Cincinnati Cigar Manuiacturei·s' As ociation, praying for a reduction of the internal-rev- enue tax on cigars; which wa referred to the Committee on Finance. 

Mr. HAWLEY presented the petition of J. C. Lewis and 150 others, - citizens of Connecticut, praying that the rio-ht to vote shall not be 

denied on account of sex; which was referre<.fto the Select Committee on Woman Suffrage. 

Mr. MILLER, of New York. I pre ent the petition of ShermanS. 

Rogers and many others, citizens of Buffalo, praying for the passage of a. bill providing that appointments to subordinate executive offices shall 

be mane from persons whose fitness has been ascertained by competitive examination, open to all applicants properly qualified, and that 

removals from such offices shall be made for legitimate cause only, 

such as dishonesty, negligence, or inefficiency, and uot for political 

opinien, or for refusal to render party service; and also praying for 

Ute :passa~e of what is ~own as the :pen~eto~ bil.l nn that subject.