1879. CONGRESSIONAL RECORD-HOUSE. ; 601 

days they work. Consequently this $1 per day will not increase the 

whole amount of the appropriation, I am satisfied, and I hope, therefore, iny friend, tbe Senator from Minnesota, will not object. Mr. WINDOM. It seems to raise the pay from two dollars and a half to three dollars and a half a day. I feel at liberty to make this 

point of order, because I believe we have appropriated fully up to 

the estimates, and ought not to exceed them. 

The PRESIDING OFFICER. The point of order being raised, the 

Chair ~ustains it. 

Mr. WHYTE. Suppose I divide the difference and get the point 

withdrawn. Say $3 inst.ead of $2.50. It is a very unjust discrimination against thi& man. Personal application was made to me by sev- eral gentlemen residing in Annapolis, and. I made inquiry and found 

that no good mechanic can be employed by private people as a plumber 

and gas-fitter combined, doing both kinds of work, for any such price as $2.50 a day. Three dollars and a half is the usual price. It is cer- tainly the price paid in Baltimore for an ordinary mechanic. 

1\Ir. WINDOM. Another reason why I feel at liberty to insist on the point of order is that last year the Senate tried to increase this 

but failed to accomplish it, and the snm appropriated is fully up to 

the estimate of this year, and nobody has complained until the Senator from Maryland. · Mr. WHYTE. I have three or four letters from prominent people 

of Annapolis--

:Mr. EDMUNDS. The rnle is against yon. 

The PRESIDING OFFICER. The point of order being raised, the 

Chair is bound to decide the amendment out of order. 

Mr. WHYTE. There were one or two other amendments that I 

proposed to offer of a trivial character, but the inexorable manner of 

the two Senators over there is such that I shall abandon any attempt 

to rectify these defects. · Mr. EDMUNDS. The appropriations people are very rigorous. 

Mr. ALLISON. I offer the following amendment: 

In line 158, strike ont all aft&- the word " astronomers " down to and including the word "dollars," in line 160, and insert in lieu thereof: 

One at et.~ during first thre.e years of !!6rvice; one a~ 1, 7~0 during sewnd three 

years of serv1ce ; and one at $2,100 after mne years serVlce ; :.n all, .f5,300. 

That has the authority of the Secretary of the Navy and Admiral 

Rod gem. 

Mr. WHYTE. I shonld like to ask whether that increases the 

appropriation, because I do not think a plumber ought to be rejected 

and an astronomer put over his head. I am for the plumbers against 

the astronomers if there is going to be any discrimination. 

l\1r. ALLISON. In other words, you object now to the astronomers 

because you cannot get the plumber f 

Mr. WHYTE. Precisely. I am,perfectly willing to t ake care of 

the astronomers if the plumber be taken care of. 

The PRESIDING OFFICER. Does the Senator from l\Iaryland 

raise the point of order 'I 

Mr. WHYTE. I do. I am fer equality all around. 

Mr. ALLISON. I am willing to tak~ care of the other. 

The PRESIDING. OFFICER. The point of order being raised, the 

C:hair decides the amendment. out of order. 

The bill was reported to the Senate as amended, and the amendments were concurred in. 

Mr. WINDOM. The Senator from Maine [Mr. BLAINE] desires to 

address the Senate briefly upon this bill; but does not wish to go on this afternoon at this late hour of the day; I therefore ask that the 

bill be laid over, and it can be acted on to-morrow. 

Mr. ALLISON. I move that the Senate proceed to the consideration of executive -business. . · Mr. BLAINE. At half past one to-morrow, if it will be agreeable to 

the chairma» of the Committee on Appropriations, I propose to be 

heard. 

Mr. EDMUNDS. . '\Ve cannot fix certainly the time ; but it will be 

when the bill is up. 

Mr. BLAINE. Do I understand that the Senator will object to its 

coming up to-morrow ? 

Mr. EDMUNDS. I cannot say that certainly. There may be some- thing else to-morrow that may require immediate attention. 

The PRESIDING OFFICER. The Chair understood the Senator 

from Minnesota to move that the bill be passed over. Mr. ALLISON. Pen~ng that, I move that the Senate proceed to 

the consideration of eKecutive business. . Mr. BLAINE. The pending business, the unfinished business, then, 

will be the naval appropriation bill, which comes up after the morn- ing hour, at half past one to-morrow. 

Mr. EDMUNDS and others. That is it. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from Iowa. 

The motion was agreed to. 

Mr. BLAINE. Before the doors are closed, I desire to give noti'ce 

that I wish to have two amendments to the naval bill printed. I submit the amendments now and ask that they be printed. They need 

not be read. 

The PRESIDIWG OFFICER. The amendments will be received 

and printed. 

Mr. BECK. Will they be su}Jject to any points of order ~-4'-terward. 

Mr. EDMUNDS. Of course. 

~ 

Mr. BLAINE. Certainly. · They are not offered yet. It is merely a notice given that I shall offer them. 

EXECUTIVE SESSION. 

The Senat.e proceeded. to the consideration of executive basinesi .. After twelve minutes spent in executive session. the doors were re- ?pened.z and (at four o'clock :md seven minutes p.m.) the ienat.e adJOurnea. 

HOUSE OF REPRESENTATIVES. 

TuESDAY, JanU(J.ry 21, 1879. 

The Hom;e met at twelve o'clock m. Prayer by the Chaplain, Rev .. W. P. HARRISON, D. D. 

The Journal of yesterday was .read. 

CORRECTION OF THE JOUR..""(AL. 

Mr. :{\URCHARD. t rise to make a correction of the Journal. Thebill numbered 2240 was s~ for consideration after the morning hour. 

I made that suggestion and it was agreed to. . The SPEAKER. It was so ordered, and the Journal will be cor- rected accordingly. The Chair now recognizes the gentleman from· New York, [Mr. POTTER.] 

Mr. POTTER. I yield for a moment to the chairman of the C0mmittee on Appropri!'tions .. 

Th'"TERIOR DEP ARTME~ BUILDING. 

l\1r. ATKINS. A letter from the Secretary of the Interior in regard 

t.o the reconstruction or completion of the Interior' Department build- ing was referred to the Committee on Appropriations. I move that 

the Committee on Appropriations be discharged from the further con- Rideration thereof, and that it be referred to the Committee on PublicBuildings and Grounds. 

The motion was agreed to. 

IMPROVEME..~T OF MISSOURI RIVER. 

1\!r. ATKINS, by unanimous consent, from the Committee on Ap-- propriations, reported back the bill (H. R. No. 5738) to apprepriate, money for the improvement of the Missouri River between Yankt<m 

and Sioux City, in the Territory of Dakota; and the Committee on Appropriations was discharged from the further consideration of thesame, and it was referred to the Committee on Commerce. 

S::\llTHSONIAN INSTITUTION. 

l\Ir. COX, of New York. I ask general consent of the Hom;e to 

report from the Committee on the Library the bill (S. No. 1374) to--

authorize the chancellor of the Smithsonian Institution to appoint a~ 

acting secretary to sign vouchers. ~ 

There was no objection, and the bill (S. No. 1374) .authorizing th~ 

chancellor of the Smithsonian Institution to appoint an a-cting secre- tary in certain cases was taken from the Speaker's table, :received its 

several readings, and wa-s passed. · Mr. COX, of New York, moved to reconsider the vote by which the· bill was passed ; and also moved to lay the motion to reconsider on.- the table. The latter motion was agreed to. 

GOLOID METRIC COTh"'AGE. 

Mr. STEPHENS, of Georgia, by unanimous consent, from the Committee on Coina~e, \Veights, and Measures, submitted a report from. 

that committee m relation to the metrical goloid coinage; which was. recommitted to the committee, and ordered to be printed. 

COINAGE OF THE GOLOID METRIC DOLLAR, ET€. 

Mr. STEPHENS, of Georgia, by unanimous consent, submitted a . bill (H. R. No. 6125) to authorize the coinage of the -goloid metricdollar, five dollars, and fractions of a dollar, and of metric gold coin. 

of standard value; which was recommitted to the Committee on 

Coinage, Weights, and Measures, and ordered to be printed. 

CENTENNIAL MONUMENT. 

Mr. STEPHENS, of Georgia, by unanimom; consent: from the Gommittee on Rnles, moved that the committee be discharged from the · further consideration of a resolution in relation to a centennial mona- ment and that it be referred to a select committee. 

The SPEAKER. That subject is already before a select committe& ~~&~ • 

Mr. STEPHENS, of Georgia. But this subject was referred to the· Committee on Rn1es, and I move that the committee be discharged' 

from ·the further consideration of the subject and that it be referred.. 

to a select committee. 

The SPEAKER. The Chair is quite distinct in his recollection that, this subject is before·a committee of thirteen. 

Mr. STEELE. I beg leave to say t)lat the subject of this resC)lution. 

is now in the hands of a committee of this House, of which the gentleman from New York [Mr. PATTERSO~] is chairman, and that that 

committee bas agreed upon an adverse report. 

Mr. STEPHENS, of Georgia. Then I mo-,e,that the resolution b& 

referred to that committee. 

The motion was agreed t~. 

• 
• 

608 CONGRESSIONAL R CORD-HOUSE. JANUARY 21, 

FORT WAYNE MILITARY RESERVATION. 

Mr. GAUSE, by unanimous consent, from the C?m~ttoo on Public 

l!.a.nds, reported back the bill (H. R. No. 613) subJecting Fort Wa~e 

military reservation, in the State of Arkansas, to entry as other public 

lands in said Btate, with the Senate amendment thereto. 

The amendment of the Senate was read, as follows: . 

SEc. 2. And be it further enacted, That the qommi.s~oner of the General Land 

Office be, and hereby is, authorized to issue the rnstructions necessary to carry the 

provisions of t.bis act into effect. 

Mr. GAUSE. I move that the amendment of the Senate be concurred in. 

The motion was agreed to. 

Mr. GAUSE moved to reconsider the vote by which the ame~dment of the Senate was concurred in; and also moved that the motion 

to reco11sider be laid on the table. 

The latter motion was agreed to. 

CIPHER DISPATCHES. 

Mr. POTTER. I asked the House on yesterday to give permission 

for ihe consideration this morning of a resolution which I was instructed to introduce by the committee of investigation of electoral 

frauds. I then stated that I desired brit an hour for the discussion 

of that resolution. I notice that the Journal has entered no re- striction upon the discussion. Various gentlemen have called my 

attention to that fact, and insisted upon it that I should not allow 

the discussion to be protracted beyond the hour. The only way in 

which I can carry out what they consider to ha~ been. the understanding of the Honse is to move the previous qu~stion on the resolution which will leave an hour for debate. 

The SPEAKER. The resolution will be read. 

:Hr. POTTER. Before that is done I desire to make a verbal cor- rection in the resolution. • llr. CONGER. Before there is any discussio~ on the subject_, I 

wish to make the point of order that t~e resolutiOn must rece1ve Its 

:first consideration fu Committee of the Whole. 

The SPEAKER. By unanimous consent the resolution was made a special order immediately after the reading of the Journal. 

Mr. CONGER. Fgr censideration subject to the rnles of the House, 

of course. . . The SPEAKER. A special order, where the nnierstanding IS by 

unanimous consent that a matter shall be considered in the House, 

waives all rules that would prevent its ~onsidera.tion in t~e Hou~e. 

Besides the resolution does not appropnate money, but directs 1ts payme~t out of the contingent fund of the Honse, already or to be 

hereafter appropriated. 

Mr. CONGER. I thought we might facilltate the passage of the 

resolution by considering it in Committee of the Whole under the fiveminute rule, which would give many members an opportunity to 

speak. ·· , The SPEAKER. The Chair does not think it would facllitate the 

passage of the resolution to refer it to. the Committee of the 'Vhole on the state of the Union-- . Mr. CONGER~ Then I desire to have it passed a-s soon as possib.le. 

The SPEAKER. Because in the Committee of the ·whole there is no previous question. 

Mr. POTIER. The resolution prq,vides that the money shall be ex- pended by the Sergeant-at-Arms under the direction of the chairman 

of the committee; "and that he make report to the House of the manner in which the same has been expended." It has been sugf

ested that "he" may not necessarily refer to the Serge,ant-at-Arms. 

therefore desire to substitute the words "the Sergeant-at-Arms" for 

the word "lie;" so that it will.read "and that the Sergeant-at-Arms 

make report to the Honse," &c. 

The SPEAKER. The resolution as modified will be read. 

The Clerk read as follows: 

Whereas certain alleged telegrams in cipher have been published, indicating 

that attempts were made after the presidential election of 187~ to influence _by 

money or other fraudulent methods the vote of electors or the action of canva.ssrng boards in the States of Florida, South Carolina, and Oregon; Therefore, Be it resolved That the committee upon the investigation of the electoral frauds, 

&c. be directed to inquire into the same (and into any other matter connected with 

the aaid election which in their judgment may be proper) and that they have power to send for persons and papers and to sit during the sessions of the House, with 

leave to report at any time. And that there be paid by the Clerk of the House to the Sergeant-at-Arms out of the contingent fund of the House the sum of $10,000 

for the purposes of the committee, to b6 expended under the direction of the chair- man of the committee or of any subcommittee ; and that the Sergeant-at-Arms make report to the House of tho manner in which the same bas been expended, which report when examined and 8,\)proved by the Committee of A.ccounts, shall 

be deemed a ~tiBfactory accountability on his part of the same; and that any un- expended balance remaining in his hands be deposited in the Treasury to the crodit 

of the miscellaneous items of the contingent fund of the House. 

The SPEAKER. The Chair desires to iilquire of the gentleman 

irom New York [Mr. PoTTER] whether he wishes-to claim his hour 

after the main question shall have been ordered T 

Mr. POTTER. I do; and I now call the previous question, be- cause that is the only way in which I can limit debate on the reso- lution in accordance with the understanding of yesterday. 

Mr. \VHITTHORNE. May I ask the gentleman from New York 

.(Mr. POTTER] to allow an amendment to be offered to his resolution 

before he calls the previous question upon it Y 

Mr. POTTER. I will answer the gentleman when I have heard it 

.read. 

The amendment was read, a.s follows: 

And further, to inquire whether any cipher "or other telepams, relating to the 

electoral votes of the States of South Carolina, Oregon, F1orida., and Louisiana, have been d.estroyed, suppressed, or concealed by any person ; and, if so, under 

whose authority or instructions the same was done ; and to ascertain from whom 

said dispatches were forwarded, and to whom sent. 

The SPEAKER. Does the gentleman from New York [Mr. PoTTER] yield to that amendment! . Mr. POTTER. I do not; because the resolution as reported from 

the committee includes all that subject-matter. I now caR the previous question. 

The previous question was seconded and the main question ordered. 

Mr. POTTER. The resolution which I have sent to the Clerk's desk 

I offered because I was instructed to offer it by th~ special committee 

of investigation. I do not desire to discuss i~ nor to say anything 

except a few words in reply to an attack which was made upon me some days since by the gentleman from Michigan, [:Ur. OoNGER.] I was not in the Honse at the time, and when the gentleman's attention was called to that fact he stated that I had left the House to avoi(l 

hearing him. If the gentleman really thought so he was mistaken. 

I thillk I listen to the sprightly and amiable utterances of the gentleman from Michigan with as much satisfaction as most gentlemen 

in this Honse. But it is not possible for a memher to be always in 

his seat, and the gentleman ought not to infer from my absence that 

I have any nnwillingness to hear him. Had he informed me that he 

proposed to refer to the cipher dispatches, I should certainly, at what- ever inconvenience to myself, have remained and heard him, because 

I could then have better 2aid in ;respect of ·this matter what I have now to say. 

I had listened to that gentleman several times during that day 

when he spoke on the post-office appropriation bill, and it was impossihle for me to divine that when next he rose he intended· to dis- cuss the subject he did. 

The gentleman arraigned me because I had not permitted an investigation of these cipher dispatches. Mr. Speaker, it was as open to 

the gentleman from Michlgan, ever since this session of· C,ongress 

began, and to every other member of the House as. to myself, to pro-· pose such an investigation. He did n9t propose it; no gentle,man on that side of the House proposed it, for reasons that are perhaps not 

difficult to divine, and which at any rate were satisfactory to themselves. 

No gentleman on this side of the House had then proposed such an inquiry, and the gentleman from Michigan said that I had not permitted anyone on this side to do so. Mr. Speaker,for this statement 

there was no foundation. I neither had power to -prevent, nor had I 

sought to prevent, any democrat from doing so. The only wish npoa 

the subject that I had expressed was that if such a resolution should 

be introduced it might be referred to another committee than that of 

which I was a member. But I neither sought to influence any one nor to prevent any one from acting in respect of the matter. I simply 

refused to volunteer to introduce such a resolution myself, and for reasons which I am about to state. . During the last Congress I submitted a resolution for the appointment of a committee to inquire into certain alleged and confessed 

wrongs in Florida and Louisiana which had taken place under the 

color of State law, and by which the result of the presidential election had been reversed and which had been perpetrated under the influ- ence of Federal visitors and with the protection of Federal troops; 

and which the electoral commission had decided it was impossible for 

the States to recall. Such a matter was a proper subject for congressional action; for although Congress could not try nor punish wrongs 

that had been committed against State laws, it could at least adopt 

such legislation as would afford the States some op-portunity to recall a vote or an act which had been falsely certified to Congress as the 

act of the State. It was therefore a duty for ConQTess to investigate 

the matters alleged. When I introduced t)la.t reso~ntion I declined to 

yield to an amendment offered by the 7entleman from Maine [Mr. 

HALE] proposing to inquire into certain'· cipher dispatches" in regard 

to the electoral vote of Oregon, because I insisted that it was not 

within the province of Congress to inquire into the individual misconduct of a private citizen which it could neither prevent nor punish, 

and that at any rate the investigation I proposed ought not to be over- slaughed by such an inquiry. I did not then know of, I did not then 

suspect at all, the dispatches which have sinet"tbeen p~~lished; but 

the analogy between these dispatches and those into which the;gel!-

tleman from Maine sought to institute an inquiry is complete ; and 

the Honse having then sustained me in my view of the question it was not for me now to seek to set on foot myself an investigation of the 

kind; still less to invite one which might break up and prevent the 

completion of the work that we had in hand. 

Beyond that, Mr. Speaker, there were personal reasons why I 

thought I ought not to propose any such investigation. The Honse 

may remember that when I introduced my resolution of inqll:irY t~e 

leading independent journal of my State declared that I d1d so m pursuance of a bargain between Governor Tilden. and myself, for 

which I was to have his support. There was not the slightest truth 

in this conjecture. There are gentlemen now in this Chamber who 

know that when I was called upon on the afternoon previous to the. introduction of that resolution to wait upon the joint committee of. the democratic caucus, I was absolutely ignorant .that I had been 
' 

1879. CONGRESSIONAL RECORD-HOUSE. 609 

.selected for that work, and had no more reason to suspect that I would 

be connected with it than had any other gentleman in the House. 

The truth is not only did I have no bargain with Governor Tilden, 

but I had none with anybody else. I served simply because I was requested to serve by the joint committee of the caucus, and because 

in 1~5, as a member of a committee of this House, I had visited Lou~ 

isiana and had formed a vAry profound conviction alike of the dangers and of the wrongs of returning-board action. I introduced that 

resolution, therefore.} on those accounts, and those alone; and not only 

ha.d I no understanaing nor bargain with any man upon the face of 

the earth, but I sought for no promise nor assurance from any one; 

and I had none. Yet, 1\Ir. Speaker, that statement has gone all over the country; and nine-t.enths of the people who have any opinion on the subject at all believe that I am the head of the committee of investigation as the confidant and agent of Governor Tilden. Beyond that, 

sir, although I have endeavored to conduct the investigation with 

absolute and judicial impartiality and fairness-so much so that I do 

not belie e any man familiar with the record will rise and claim that 

such has not .been the fact-and though, during all the time the 

committee has been sitting, I have preserved t~e most entire reti- cence in respec't of the objects an<l purposes of the committee, as propriety and the rules of this House required, yet there has been no unworthy nor partisan speech which has not been falsely put into my 

mouth by the press nor any mean nor outrageous action which has 

not been falsely attributed to me. . · Under such circumstances, for me to volunteer an investi~ation 

into the cipher dispatches was to have it said that I was dorng so in the interest and for the purpose of protecting and whitewashing 

those whom the dispatches might affect. 

Beyond that there are in my State some persons who think that I 

or my friends at one time had cause of grievance againl"t Governor . Tilden. It would be unavoidable, therefore, that if I volU1.1teered any 

movement of the kind proposed by the resolution now before the 

House· my action would be ascribed to personal dislikean·d spite. If 

gentlemen will look into the New York Tribune of Saturday week 

they will see it there declared that the most probable cause for the 

introduction of the resolutif)n I have submitted is the purpose of per-

-sonally injuring Mr. Tilden. 

For·these·reasons, sir, I did not feel called upon to volunteer any 

.action upon this subject, and I have not volunteered any. I intro-

.d.uce this resolution because, without any wish or request on my part, 

I have been instructe{l to do s9 by the committee which I represent, 

.and I introduce it for no other reason. Now, Mr. Speaker, I wish to add one word about the amount originally appropriated for the conduct of the committee and its expenditure. The Hon.se appropriated for the purpose the sri.m of $20,000. 

·That has been expended as follows: }~or the subcommittee to Florida, 

including, of course, fees of witness~ and all other expenses, $2,400 

in round numbers ; for the first subcommittee to Louisiana, $5,500; 

for the second subcommittee to Louisiana, $800; for extra stenographers beyond the official force furnished by the House, '2,500 ; for .expenses of witnesses for the main committee, $6,700; for the salaries 

of clerks, &c., $700; and for tlie personal expenses of the genilemen 

of the committee, I mean their traveling and hotel expenses aml the 

like, $1,300, which exhausts the sum that the House appropriated and 

leaves the committee with some unsettled bills, amounting to five 

hundred or a thousand dollars, yet to be discharged. I thought my- .self the sum of $5,000 would be quite enough to appropriate for the 

purpose of this cipher inquiry, but the gentlemen of the minority of 

the committee who were consulted about it suggested a larger sum, 

.and to that we have agreed. 

Now, Mr. Speaker, I yield twenty minutes to the gentleman from 

Massachusetts. 

1\Ir. BUTLER. Mr. Speaker, I have sought the' ear of the House 

for the purpose of putting before its members the reasons which will 

:influence my vote upon this resolution, let them avail as much or as little as they will. · . I have iu this matter neither "friends to reward, nor enemies to 

punish." I look upon it as a question of very considerable gravity as furnishing a precedent hereafter. 

The resolution alleges there are certain cipher dispatches which are .. supposed to show that there were attempts by fraud or bribery to 

influence the casting or count of the electoral vote in Florida, Oregon, 

and South Carolina. The resolution does not allege there is any evi- . dence expected to show any vote was influenced by those attempts. 

Then we have this c~ before us: we are brought to investi~ate acts 

of private citizens which were or were not crimes at the time they were done. If they were then crimes, the law will punish them; if 

they were not crimes, then we can make no ex posfjacto law which 

will reach them. What was attempted to be done, but was not done: 

requires no legislative remedy and no legislative action. Nor do we want to know about these things in order to make a law to prevent 

like acts in the .future. We aU know bribery and fraud in electoral 

counts can be used, and we need no set of inventions of one set of men in order to frame a law for their prevention. Therefore there is 

absolutely no ground for jurisdiction in this House to de what is proposed we shall do. . The only ground u-pon which this House can take jurisdiction of 

private persons and their acts, and a fortiori of private correspoud-

.ence, whether by telegrams or the mail, is that the House requires 

VTII--.39 · 

the information in order to guide le~slative action. That there can be no other ground I submit to the lawyers of the House, ay, to the 

good sense of every member of the House, upon which we can found our right to put our halids upon the acts of any private man or the 

correspondence of any private man; and he is a private man for this 

purpose who does not bold official United States position. 

Now, without jurisdietion to act, what is expected to be got from 

these telegrams t It is expected tliat somebo~ will either be vindicated or be smutted, one or the other, and it is absolutely none of our business to do either, and above all to take the public money for that 

purpose. Never mind bow high in party relations any private citizen 

may stand, never mind how it may effect any political party anywhere, 

these acts of private citizens are absolutely beyond our reach and 

ought to be beyond our reach. And above all we should not take the 

public money to gratify the prurient curiosity for scandal of anybody 

in the House or out of it. And in what we propose to do that is all we can accomplish. 

It is supposed that a part of these dispatches have been published. 

I have no doubt supposed copies of some of' them may have been published, but of that I have no knowledge. Whatever they may be, 

whatever has been published had better for the honor of the nation 

take its place among the emanations of the sensational journalism of 

the day than be put upon the public records of the Con~ess of the 

United States as a disgrace to the nation. A nation and Its members 

should-be like a family. Never investigate the private scandals of a family unless there is divorce prayed for on one side· or the other, 

[laughter,] or it becomes necessary for the purpose of justice; and 

so, when there is no. earthly advantage~ be reached or gained, ex- cept to exhibit to the world the friction of the working of republican 

institutions to brin~ them into contempt, bad we not better walk backward with the cloak over our shoulders and throw the mantle over what ought not to be seen. · . . Much bas been said about these dispatches. Very wrong intimations have been made against a company which I have no particular reason to love-the Western Union Telegraph Company-of· some wrong done on their part. It is due to them I should furnish the 

House and the country with the cause of the existel).ces of these dispatches outside of their office, as they now exist. When the Senate 

of the United States ordered an investigation into some portion of 

this election matter in the winter of 1876-'7.7, a subpwna duc-es tecum . was served on that company, and after they made so much resistance, as I am informed, that the whole executive committee were called 

under that subpwna, the cipher and other dispatches called for by 

that subpwna were delivered over to the committee of the Senate, 

and they examined a portion of them, a.nd published the results of 

their examination quoad Oregon, I believe. But before they finished 

the Senate adjourned. The chairman of that committee diell. The 

cipher dispatches were suffered to "lie around loose" would perhaps " 

be the best phrase, and everybody dealt with them apparently as thoy 

chose to deal with them; and the company having lost jurisdiction over them, did not; and probably could not, resume it. Some of these 

dispatches unauthorized persons seem to have obtained. Therefore if 

you gointothisinvestigationitwill be but a fragmentary investigation. 

Alth011gh I do not kno:w whether in the bundle of dispatches which 

I found on my table at the beginning of the sessions of this committee, or what the contents were, because they have never been translated or deciphered by me-and here allow me to say parenthetically, no one of which has been seen ar read or copied by mortal .man since 

they came into my bands for the purpose of public disclosure or in any 

way has bee~ublisbed and disclosed. I say they are only' fragmentary, and you will not get the dispatches of both sides or all of the 

dispatches of one side. . · • Now, then, by whom iA an investigation asked for. I give no secrets. 

of the committee, for I was not present when the investigation was decided upon· in that committee; but I am told by the newspapers 

that the republican gentlemen on the committee did not cl')mand or desire it or take action on it, and that it was the act of the majority, 

of our friends on the other side. Therefore it is not promoted, I un- derstand, in the interests of the republican party. I cannot conceive 

how it could be promoted in the mterests of the democratic party. 

Which faction of' that party desires to destroy a presidential candidate f [Laughter.] Who is :~.t the bottom of this f Who desires to 

kill somebody in that party by cipher dispatches f Had we not better 

let all that alone f To my republican friends let me say if it should 

turn out that these dispatches having been in the bands of a republican committee of the Senate, all the republican dispatches have 

been destroyed, is that a pleasant thing to contemplate, if that should so happen f 

Now, I ask this House, in all soberness and fairness: first, have we any right to do this f Why, it was only the other day when a gentleman of this House begged with tears in his eyes that the Honse 

should proceed to an investigation and appoint a committee and em- ploy the public money for the purpose of exonerating him from a load of obloquy which be said he did not deserve, and he desired 

above all things the aid of the Hot~se to clear him. The Speaker 

ruled rightly, and the House sustained the ruling almost unanimously 

that in order to relieve one of our colleagues from unjust slander and 

unjust suspicion and unjust obloquy we had no power to investigate. 

Now, having no power to investigate for a good object, have we any more power to take the pn blic money to investigate in order to be-
610 CONGRESSIONAL RECORD-HOUSE~· JANUARY 21, 

s~nt and besmirch and bedim somebody who is not even a member 

of this Honse, and who cannot be before it unless you bring him ~ 

the strong arm of parliamentary power, given only for wise and great 

purposes 'I I submit that we ought not to do it, wholly independently «~f any results that may come from our action. 

And the results are to be what f The great result to be gained is to 

stir up some thin . · 1gthat had better not be seen, felt or smelled. [Langhter.l . That is all. That is all you al!e to gain 'by this expenditure of 

public money. Bette give that $10,000 it wiM cqst to some poor 

workingmen's families to carry them through the winter. [Laughter.] 

Now let me say a word further upon this matter, and but a word; 

for I have given th~ reasons that will ~nfluence my vot~; I shall :ote 

against the r~solnt10n as a precedent. And I have sunply ~esued 

this opportumty to put on record my protest so that hereafter If anybody should read about this matter they shall say: '''Well, at lea.st 

there was one man in a position to deal with the question as a lawyer·, as a judge, as a member of Congress, and who in·such a position was not to be influenced by an~ party prejudices, or party gain of any 

Bind." Let me say also to you, Mr. Speaker, and to the members of 

this House, we have thirty-odd working days only before the close of our official term, with the business ~f the .country disordered, its commerce off the seas, its industries paralyzed, its tariff nnrevisedwhich tariff is supposed to paralyze those industries-its system of 

internal improvements not cared for. And do yon not think that we have grander and nobler objects to contemplate in the remaining 

hours of our official life than-stirring up private scandal, or private 

wrong-doings of private individuals that did not succeed Y If they 

had succeeded, if any fraud attempted had succeeded in putting any man into the executive chair as President, that I think would have 

been ·a proper matter to investigate. Bot as they did not succeed, 

whoever attempted it took his labor for his pains and has taken 

nothing by hiS motion, and we have no business with that nothing 

which betook. 

!Ir. POTTER. I yield fifteen minutes to the gentleman from Maine, 

[Mr. HALE.] · · Mr. HALE. Mr. Speaker, there were certain quest~ons revolving 

around thissubjoot laid over at the last session. When the gentleman 

from New York presented his resolution at the mandate of his party caucus the objection was m·ade upon this side that it did not present 

a q oestion of privilege. That question was ruled upon by the Chair; 

i:t was decided to be a question of privilege and that the subject-matter was before the House. The subject-matter was the proposition to 

enter into certain events connected with the last presidential election -postdating the election in November, 1876, and antedating the inauguration on ~arch 4, 1877. Representing this side, of the House I 

endeavored to mtroduc:;e and hav& acted upon an amendment that ex- tended the inquiry bedl.use it had been decided that the inquiry was . a, proper subject-matter to go into. Upon that I a.sked a vote and the 

gentleman kom New York, [Mr. Pornm,] acting then I believe upon 

the dictates of the caucus behind him, declined to admit the amendment. I have examined the amendment lately,since seeing the proposition introduced to-day by the gentleman from New York. It cov- ered almost identically the ground embodied in this resolutiott now before the House. It asked that the investigation should not be ~ 

parte; that all of the ramifications of the events of those hnrrie4 and 

important days upon both sides should be investigated alike by this 

committee; that Oregon should be inquired into ; the dispatche.s there; 

the South Carolina affair, and the Flori<hl affair ; because at that time 

there were rumors abroad that there had been a conspiraay the object 

of which was the corruption and purchase of member~" of the can- vassing boards in the interest of Governor Tilden. · • I thought then, a.s did my friends, that the inquiry should be made 

broad and ample. 

The committee entered upon its duties, and after having adopted a proposition to taka up one tale and another, presented by responsible or irresponsible persons, it went to one State or another to take testimony; and, at last, after certain cipher telegraph dispatches had been 

construed by an e)rpert, and pot upon the public mind by one of the 

leading papers of New York, they found themselves confronted with 

the questions that they had declined to act upon in the closin~ days 

of the last session, and they are not willing to remain longer m the 

position of !efusing an examination which should be made broad and 

large. 

I for one have not changed in my action. I do not understand that 

IDY party friends have changed. What they asked was, that when 

the machine was set in motion it should be permitted to roll on, and 

that it shall make the investigation upon the one side as well as the 

other. 

I care nothing for the reasons that have been urged at this stage 

by the gentleman from Massachusetts. Originally when we were 

upon the threshold of this matter they might have had force, but 

to-day with 111e they have no force. · If there are cipher telegraph dispatches which the New York Tribune has not found out; if there is a single scrap of paper bearing 

upon this subject-matter in any State, which has been for partisan 

purposes destroyed-which I do not believe-then let this committee never rest day nor night until the parties who have destroyed these 

dispatches have been brought before the House. 

Let th~m show to us fully, clearly, and explicitly the whole transa~tion between the time of the election and the time of the inauguratiOn. Enough bas been shown to indicate to the public mind the. 

existence of a conspiracy that ought to be brought out. I have some personal sympathies. I do not want this committee to feel, during· the trials of i~ noble life, any failures, or rummage around among 

the J enkses, the Webers, and the Andersons. Let them take to themselves some subject where parties are interested of character enough. 

to dignify their noble work. . I have ~orne little sympathy for that simple-hearted old man in 

New York who by importunity was taken from his busiaess and 

thrust upon the coon try as the presidential candidate, and who becamethe apostle of reform, the embodiment of all that t)lement that has. 

shouted fraud-who during the canvass and at its close awaited in 

his closet the verdict of the American people, taking no hand, part,. or parcel in that notable campaign. 

He has found himself surrounded with friends, relatives, conspirators, and nephews, who have attempted to fQrce him upon the 

American people when he was defeated, and who have attempted to. 

purchase, as these dispatches indicate, electoral colleges and' canYassing boards. · · The simple-hearted old man has had no opportunity to come before. us or before any committee and picture, as he alone can picture, the 

character of the men close about him, endeavoring to blast his reputation and smirch his character and thrust him into the White.. 

House by a prac~ice which no doubt he will come here and deny. 

I would not have him miss the opportunity of being allowed to do· this, so that he may be given the fullest scope and opportunity, and 

that the personal sympathies of my friend from Massachusetts, who,. 

I know, when this appeal is made to him, will withdraw his obj~ction, and that there will be unanimous consent given tb.;1t this I.Day 

go on, that justice be done and personal vindication may be made. 

Allusion has been made to the ~entleman from Michigan; and I 

yield to him the remainder of my time. 

The SPEAKER. The gentleman from Michigan [Mr. CONGER] 

has six minutes. 

Mr. CONGER. I expected and have believed for many months that . some means would be employed and some measures taken to prevent 

the investigation of the cipher dispatches, so called. In common with almost the entire body of the American people, ,J read the ex-. posures made by the New York Tribune; the translations of the e. mysterious, hidden, Israelitish telegrams, with their Moses, and Adoniram, and Adonibezek, and all the hosts. And my love of scriptural 

history made me desire that the translations should be verified and. the world enlightened. 

'fhe world was startled by those revelations, from the old .mau. 

trembling with palsy as he heard his grandchild read from the Tri· 

bnne and other papers those translations and exposures which startled 

his old, worn, weary heart with indignation, to the boy at school who. 

read them. The whole country was shocked, ay, was horrified, at 

the idea that those dispatches might be true, that they were truly 

translated, and were connected, as wa.s alleged, with a prominent citizen of the United States who was thought worthy by many to be 

the Chief Magistrate' of this great P..epublic. If those dispatches had come fiom him, or had been sent through him or through his intimate. 

friends, through members of his household, through his near neighbors who dwelt on either side of him among the hedges and plants of 

Gramercy Park, the country wanted to know about it. 

I will venture to say that there is notfa member in this House who. 

did not for weeks before he came here to the capital believe that on the first opportunity, with a haste that could not be repressed, th& 

gentleman from New York, or if not he then dozens of other gentle- men would spring to their feet at the very first moment when it 

might be permitted by the rules of the House, and almost in violation 

of the roles of the House in their eagerness to satisfy the demands of 

the American people, and offer a resolution of investigation.- My 

friends on this side of the Hoose when we met ancl the day passed, 

wondered what paralysis had fallen upon the fierce democracy. 

Another day passed, and another, and in our little private talks 

among ourselves we were given up to wild conjecture as to themeaning of this sepulchral silence of the vast body of investigating democracy of this House. And we wonc}ered and wondered, and were amazed. 

And yet days passed and weeks passed, and no voice alluded to the. 

matter. We sat here silently, waiting with almost irrepressible impatience, and by a strong effort and col)stant urging of one another 

to wait and let the democracy have the honor of developing these· great enormities, w:e kept ourselves quiet for two or three weeks without alluding to it. 

The gentleman from New York [Mr. POTTER] says that" the gentleman from Michigan" might have introduced this resolution, or that 

any other gentleman might have done it. Sir, we would not take from. 

the gentleman from New York that snP.reme moment of power and 

of honor which comes but once in the life of a man. I would not deny 

to him, the chairman of this committee, the opportunity .to immortalizehimself by prompt, vigorous, earnest action in directing his committee. to ask for this investigation, if they already had not the power tp make 

it. At length it was thought that the country would blame the republicans if they did not gently and quietly allude to this subject, and I 

made a modest allusion in my humble modest way. [Laughter.] 

'[Here the hammer fell.~ 

The SPEAKER. The t1me of the gentleman has expired. 
1879. CONGRESSIONAL RECORD-HOUSE. 611 

Mr. CONGER. I would like to have an opportunity to refer to the 

personalities which were used in reference to myself. ~ir. BUTLER. And I would like to haove an opportunity to reply to a portion of the remarks of the gentleman from Michigan, [Mr. CoNGER]. . 

:Mr. ·coM GER. And I would like to have an opportunity to reply to 

t he reply. [Laughter.] 'fhe SPEAKER. The gentleman from Michigan [Mr. CONGER] 

asks an opportunity to reply to the personalities which were used in 

reference to himself. 

Mr. EDEN. Will that be included in the hour allowed for the dis-· 

cussion of this subject'¥ ' 

The SPEAKER. If unanimous consent is given it will not be recikoned in the hour. 

Mr. EDEN and others objected. . Mr. CONGER. I give notice that on an other occasion I will con- tinue these remarks. 

Mr. POTTER. I now yield to my colleague [Mr. IIEWI'IT] for fifteen 

minutes. 

Mr. HEWITT. Personally I had no desire to· take part in this discussion. But I foresaw that something would be sai(l which would 

make it necessru'y for me at least to make some explanation of the 

circumstances which have led to this resolution. 

With the position of the gentleman from Massachusetts, [:\Ir. BUTLER,] as judge, lawyer, and member of Congress, I can take no exception. It will be rememberea that when in the Forty-fourth Congress a motion was made in this House to ·commit the officers of the Western 

Union Telegraph Company for contempt for not producing the dispatches and telegrams, (probably those now under discussion,) I said 

to this House that I thought such a proceeding could not be defended 

upon any prineiple of justice or of law. But I was compelled to add 

that, as I had been the chairman of the national democratic committee at that time, I had never sent nor received a dispatch which 

might not be published, and I then and there authorized the officers 

of that company to preduce them all and lay them before the com- mittee of this Honse and before the country. 

So now in reference to the pending proposition, while I make no controversy with the gentleman from Massachusetts, [Mr. BUTI$R,] 

and can make none, I desire'to remind him that there are occasions 

in life when there is something higher than even judge or lawyer or member of Congress. It is when the sense of manhood strikes into 

the human heart, and then in spite of law, in spite of precedent, the answer comes, let justice be done. 

I stand here now to invite the fullest investigation of these telegrams, those that have been published and those which may not have seen the light, any and ;til telegrams which may affect the character 

and standing of any democrat who took part in the late presidential 

election, e~ther as a candidate for office or as an officer or agent of 

any recognized democratic organization. 

Whether the 'Cipher telegrams published by the New York Tribune are genuine or not I have no means of knowing. I never r-eceived one of them. 'I never was in anywise cognizant of their existence 

nntil they were published by the 'l'ribune. Neither do I know, nor have I any means of knowing, whether the alleged translations are correct or not. But this I know that not one of them containing ref- erence to the use of money to influence returning boards or electoral 

votes was addressed-to or received by any officer of the national democratic •committee. I am aware that the newspapers have credited one of those persons with having been an officer of the democratic 

committee; but I say to this House and the country that that is an error. He never held any official connection with the committee. 

Those dispatches C!l>IDe from and were addressed to persons who held no official position in the organization. That they were zealous democrats, anxious, perhaps too anxious, to secure the fruits of the victory which we had clearly won in a contest of unparalleled effort on both sides, is very evident. 

But what they did was action of a purely voluntary an·d indi- _vidual nature, without consultation either with me who was charged 

with the conduct of the campaign or, as I am authorized to state; with 

the candidate of the democratic party in that memorable struggle. 

[Derisive laughter on the republican side.] Yes, gentlemen may 

laugh, because laughter may deafen them to the voice of honor and 

truth. I tell ~entlemen upon the other side that when they laugh in 

this spirit it is because they fail to appreciate the manhood to which 

I ventured to call attention when I was replying to what had been 

said by the member from Massachusetts, [lV.ir. BuTLER.] 

The proposed investigation, if it should be ordered by the House, 

will establish this fact beyond all controversy ; and it is for this reason that I trust it may be allowed to proceed, notwithstanding the plansibl~ arguments of the gentleman from Massa-chusetts. Justice to 

Samuel J. Tilden requires that the investigation should be made. 

Justice to the great democratic party whose chosen leader he was demands it. Justice to the American people who elected him to the hi~hest office in their gift demands it. Justice to the fundamental 

pnnciples on which free government is founded demands it. • 

It wa-s intimated that gentlemen on the other side would sit in their 

seats and not vote upon this question; but I am glad to learn from 

the gentleman from Maine [Mr. HALE] that we are at length to have 

the co-operation of the republican party in the vindication of Samuel 

J. Tilden. I accept it as the first evidence of repentance-[ derisive 

laughter on the republican side ]-yes, I accept it as the evidence of 

repentance, and I trust that hereafter they will bring forth _" fruits 

meet for repentance." Their policy heretofore has been-ever since 

the award of the electoral tribunal by whieh the Presidency which 

rightfully belonged to Samuel J. Tilden was wrongfully awarded to 

Rutherford B. Hayes-to cover up the crime by which the people were defrauded of their rights by attacks upon the personal character of Mr. Tilden, expecting to overcome the popular sense of wrong 

by insisting that Mr. Tilden is no better man than Mr. Hayes. 

With this object in view they have devot-ed themselves first to <Joncealing all the traces of fraud on the republican side. Every person 

who had any connecLion with its perpetration has had his mouth 

closed by office, the dignity of which, fx:om that of cabinet officer and 

foreign minister_ down to tide-waiter and tax-gatherer, has been care- fully adjusted to the services rendered. So far as I can ascertain, 

not one man, or at most only one, has been omitted from the catalogue of tools, of whom it may be said, "Verily, they have their 

reward." 

Mr. REED. I want to suggest to the gentleman--

Mr. HEWITT, of New York. I decline to be interrupted. 

The SPEAKER. The gentleman from New Yo1·k declines to yield. 

Mr. REED. I suppos~d he would. 

Mr. HEWITT,· of New York. No; I do not yield. This is the only 

chance which the democrats have had to bring to the knowledge of 

this people the facts in this case, and now they will be. brought out. 

Mr. REED. I wanted to assist the gentleman a little. 

The SPEAKER. The gentleman from Maine has no right to interrupt the gentleman from New York without his consent. 

Mr. HEWITT, of New York. The avenues of testimonybeingthus 

closed, all other evidences of complicity have been destroyed. Republican letters and telegrams have, as it is generally believed-but 

there may be a mistake about it-alike disappeared, while every scrap 

of writing or telegraphic commmtication which could be tortured 

into evidence of democratic guilt or folly has been carefully hunted 

np, preserved, and by the agency of an omnipotent press, with. almost 

fiendish ingenuity, made to do duty in the damning work o£ defaming 

Samuel J. Tilden and assailing the democratic leaders. The frauds 

by which the votes of Florida and Louisiana were wrongly counted 

for Hayes :ue sought to be offi!et by the allegation that 1\Ir. Tilden 

tried to purchase these votes and failed. In other words, the mistaken zeal of some of his indiscreet friends to· secure his just rights 

by wrong methods is paraded as the justification for the transfer to 

Mr. Hayes of the votes of Stat-es which gave an unquestionable ma- jority for Tilden. · · • t 

They are aware, however, that the common sense of the people of 

this country will reject all such miserable subterfuges intended to 

confuse the wrong with the right, unless they can connect M.r. 

Tilden with these transactionsJ and the most diligent efforts have 

been made to show that he had personal knowledge of the operations 

of his overzealous friends. Now, I stand here to declare that there 

is not a particle of evidence to connect him with this knowledge. 

On the contrary, the evidence, as far as produced, (and the production of it has been most skillfully managed to give an opposite impression,) proves conclusively that he had no such knowledge; for 

in no case was any purchase of votes effected, and in every case it 

broke down for want of money. Is it to be supposed for a moment 

that if Samuel J. Tilden had decided to buy these votes the purchase 

would have failed for want of money Y Is it not absolutely clear that 

when it reached the point where money was required the negotiation 

failed f An is not the conclusion irresistible that when in the last 

resort it was necessary to go.to him for means he indignantly stamped 

upon the suggestion as one to which he could give neither approval nor assistance. · Let Mr. Tilden have the opportunity to confront his accusers, traducers, maligners before a ~mpetent tribunal Let the man who of 

right to-day should occupy the executive chair go upon the witnessstand, if need be, to satisfy the American people and the world that 

at least one of the candidates of .the two great parties, whose exiBt- ence is essential to the maintenance of free government, is not a miserable trickster, willing to make bargains for the highest office in the 

gift of the p-eople, every hour's wrongful occupation of which only 

inteDBifies the dishonor of its acquisition and the humiliation of its 

possession. 

[Here the hammer fell.] 

Mr. GARFIELD. I rise to a privileged motion. I move to recon- sider the vote by which the main question was ordered, so that there 

may be further debate on this subject. 

Mr. ATKINS. I move to lay the motion to reconsider on the table. 

The question being taken on the motion of Mr. ATKINs, there were- ayes 108, noes 116. 

Mr. ATKINS called for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 124, nays 1?.0, not 

voting 44 ; as follows : 

Acklen, 

Aiken, 

Atkins, 

~ning, 

Benedict, 

Bicknell, 

Blackburn, 

Bliss, 

Blount, 

Boone, 

Bouck, 

YEAS-124. 

Bragg, CaldwE-ll, W. P. . . Bridfes, Candler, 

~lb\., 8:3::n, Cabell, Clark, Alvah A. Caldwell, .John W. Clarke of Kentuck.J-~ 

I 
612 CONGRESSIONAL RECORD-HOUSE. JANUARY' 21, 

Clark of Missouri, 

Cohb, 

Collins, Cook, 

Covert, 

Cox, Samuel S. 

Cravens, 

Crittenden, Culberson, 

<.:utler, 

Dean, 

Dibrell. 

Dnrham, Eden, 

Eickhoff, 

Elam, 

Ellis 

Evin~. John H. 

Ewing, 

Finley, 

Forney, Fronklin, Fuller, 

Garth, 

Gause, 

Aldrich, Bacon, Bagley, Bailey, 

Baker, John H. 

Baker, William H . Ballou, 

Banks, Bayne, 

Bisbee, Blair, 

Brewer, 

Briggs, 

Brogd.en, 

Browne, BllDdy, 

Burchard, 

Burdick, . 

c~ 

Calkins, 

Camp, 

Campbell, 

Cannon, <.:as well, 

Chittenden, 

Clafiin, 

Clark, Rush 

Glover, Goode, 

Gunter, 

Hamilton, 

Hardenbergh, Harris, Henry R. Harris, John T. 

Harrison, · Hart, 

Hatcher, Henry, 

Herbert, 

Hewitt, Abram S. 

Hewitt, G. W. 

Hooker, 

House, 

Hunton, 

Jones, Frank Kenna, 

Kimmel, Knapp, 

Knott, 

Landers, 

Ligon, 

Loc1..-wood, 

Luttrell, 

Lynde, Mackey, Maish, 

Manni.Dg, Martin, May ham, McMahon, Mills, 

Money, Morj!:an, 

Morrison, Morse, 

Muldrow, 

Patterson, 1.'. :M.. 

Phelps, Potter, 

Pridemore, Rea, 

Reagan, 

Reilly, Rice, Americus V. 

Robbins, 

Ros ' Sayler, 

NAYS-120. 

Danford, 

Davis, Horace 

Deering, Denison, 

Dunnell, 

Dwight, 

Eames, 

Evans, James L. 

Fort, 

Foa.ter, Frye, 

Garfield, Jlale, 

Hamaa. 

Harmer, Haskell, Hayes, HaZelton, Headee. 

Hendereon, .Hi.ecock, 

Hubbell, 

Hltmphrey, llu.{lgerford, Hunter, 

Ittner, 

James, 

JODeS, JohnS. 

Keightley, • Kelley, 

Ketcham, Killinger, Lapham, Lathrop, Lindsey, Loring, 

Majors, Marsh, McCook, 

McGowan, 

McKinley, Metcalfe, ¥ltch61.1, 

Monroe · Neal, I 

Norcross; Oliver, O'Neill, 

Overton, Page, 

Patterson, G. W. 

Peddie, · Pollard, Pound, 

Price, Cole, 

Conger, 

Cummings, • Joyce. Keifer, 

Pu~h. Ramey, Randol.ph. 

NQT VOTING-44. 

Scales, Singleton, Slemons, 

Smith, William E. 

Sparks, Springer, Steele, 

Stenger, Throckmorton, 

Townshend, R. W. 

Tucker, Turner, . Turney, Veeder, Waddell, 

Walker, Warner, Whitthorne, Wi~gint.on, 

Williams, Jere N. 

Willis, Albert S. 

Willis, Benj. A. 

Wood, :Wriaht 

Young,' Johns. 

·Reed, 

Rice, William W. 

Robinson, G. D. 

Robinson, M. S. 

Ryan, 

Sampson, 

Sapp, 

Sexton, 

Shallenberger, 

Sinnickson, 

Smalls, 

Smith. .A.. Herr 

Starin,· Stewart~ 

Strait, Thompson, 

Tipton, 

Townsend, Amos 

Towns.end, M. I. 

Van Vorhes, Wait) 

Ward, Watson, 

White, Harry White, Michael D. 

Williains, Andrew 

Williams, C. G. 

Williams, Richard 

Willits, 

Wren. · 

Beebe, Ellsworth, .To.nee, .Tames T. Stephens, Bland, Errett, .Tol'j!:enaen, Stone, Joseph C. 

Boyd, Evans, I. Newton McKenzie, Stone, JohnW. 

Brentano, FeUon Muller, Swann, 

Butler, Freeman, Phillips, Thornburgh, Clymer, Gal:dn~r, Powers, Vance, 

Cox, Jacob It. Gibson, Riddle, Walsh, 

Crapo, Giddings, Roberts, Williams, James 

Da.vidson, :Harris, Beuj. W. Robertson, Wi.Ison. 

Davis, J oaeph .T. Hartzell, Shalley1 Yeates, 

Dickey, Henkle, Sonthl\rd, Young, Casey. 

So t.he motion of Mr. ATKINS to lay on the table the motion to recon- sider was. agreed to. 

During the roll-call the following announcements were made: 

Mr. ELLSWORTH. I a.m paired with the gentleman from North 

Carolina, Mr. DAVIS. 

Mr. ED.EN The gentleman from Ohio, Mr. SouTHARD, is paired 

with his colleague, Mr. Cox. Mr. SoUTHARD would vote "ay;" Mr. 

Cox "no." · Mr. J;>A.VIS, of North Carolina. I am paired with Mr. ELLSWORTH. 

If he were here, I would vote in the affil'mative and he would vote 

in the neaative. ' 

Mr. iiA.B:TZELL. I am paired with .Mr. PHILLIPs. If he were present, he would vote in the negative and I would vote in the affirmative. 

Mr. CARLISLE. My colleague, Mr. McKENziE, is absent by order 

of the Honse with the committee accompanying the remains of Mr. 

Schleicher, and is paired with M.r. PoWERs, of Maine, who is also 

absent on the same committee. 

Mr. COX, of Ohio. I am paired with my. colleagne, Mr. SoUTHARD. 

If he wer~ here, he would vote in the affirmative and I would vote 

in the negative. My colleague, Mr. GARDZ..'ER, is paired with my other 

colleague, Mr. DICKEY. 

Mr. STONE, of Michigan. I am paired on all political questions 

with Mr. SHKLLEY. 

Mr. ALDRICH. My colleague, Mr. BRE~TANO, is absent by order 

of the House with the committee attending the remains of Mr. 

Schleicher. 

Mr. ROBBINS. My colleagues, Mr. VANCE and Mr. YEATES, are detained from -the Honse by illness. If they were present, they would 

vote in the affirmative. . Mr. MARTIN My colleague, Mr. WILSON, is paired with Mr. CRAPo. 

If here, he would vote in the affirmative and Mr. CRAPO in the negative. 

Mr. HEWITT, of New York. Mr. CLYMER is detained at his room by illness. If present, he would vote in the affirmative. 

Mr. STONE, of Iowa. I am pairAd with Mr. DAVIDSON. 

Mr. FREEMAN. I vote in the negative if permitted. 

Mr. ATKINS. Was the gentleman within the bar before the last name on the roll was called Y 

Mr. FREEMAN. I was not, but I ask permission to vote. 

Mr. ATKINS and,.J\.!r. EDEN objected. 

Mr. FREEMAN. I only desire to say I am just recovering ·from 

serious illness and could not sooner reach the House. Is there objection to my vote r The SPEAKER. Objection being made the gentleman's vote can- not be received. . The vote was then announced as above recorded. 

The SPEAKER. There is one minute remaining of the time allotted f.or debate. 

Mr. POTTER. I call for a vote on the resolution. 

The resolution was adopted. 

Mr. POTTER moved to reconsider the vote by which the resolution was adopted ; antl also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

POST-ROUTE BILL. 

Mr. WAD DELL. Mr. Speaker, I ask by unanimous consent to re- port from the Committee on the Post-Office and Post-Roads the usual 

post-route bill. It contains no general legislation, but merely provides for a~ditional post-routes. · The SPEAKER. The chairman of the Committee on the Post-Office 

and Post-Roads asks unanimous consent to report from that committee 

the usual post-route bill, under the assurance that it contains no general legislation. Is there objection ? . There was no objection. . Mr. WAD DELL, from the Committee on the Post-Office and PostRoads, reported a bill (H. R. No. 6126) to establish post-routes in, the 

several States herein named; which was read a first and second time. 

The SPEAKER. When assurance has been given by the gentleman 

reporting the bill it contains nothing but post-routes, and no general 

legislation of any sort, the reading of the bill is dispensed with. Is 

there objection f 

There was no objection, and the reading of the bill was dispensed with. . The bill was ordered to be engrossed and read a third time ; and 

being engrossed, it was accordingly read a third time, and passed. 

Mr. WAD DELL moved to reconsider the vote by which the bill was pa.ased ; and also moved that the· motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

CALCASmU LOG SEIZURES. 

The SPEAKER. The morning hour begins at twelve minutes past 

three o'clock, and the call of committees tor reports rested with the 

Committee on War Claims. 

Mr. ACKLEN. I understood, Mr. Speaker, there was a resolution 

reported from the Committee on the Judiciary by the gentleman from 

Texas [Mr. CULBERSON] which comes over as the unfinished business. 

The SPEAKER. There is that unfinished business of the morning 

hour. The resolution will be read. · The Clerk read as follows : 

Resolved, That the Speaker of the House of Representatives beJ and he is hereby, authorized to appoint a select committee of three members wno shall employ a clerk, stenograpner, and deputy sergeant-at-arms, and proceed to the State of Lou. isiana at such time as said committee shall determine, with full power to sit durin~ 

the recess, to send for persons ·and papers, to administer oaths, and to take testimony. It shall be the duty of said committee to investigate, as far a.s they may deem necessary, the charges of corruption and malfeasance in office preferred against M. A. Carter, SJ?OOial agent of the Interior Department, and the parties connected 

with the Calcrunen log seizures. 

~Ir. SAYL.ER. What recess is· referred to 7 

Mr. CONGER. I raise the question of consideration. 

The S?EAKER. It is unfinished business of the morning hour. 

Mr. CONGE~. But I raise the question of consideration. - Mr. SAYLER. It is evident this was intended for the Christmas recess. The SPEAKER. This resolution was introduced on the 4th of June 

last, as the Chair is informed. . Mr. SPRINGER. There is then no necessity for its adoption now. The SPEAKER. Tbe Chair will cause to be read a paragraph in 

the Manual. 

The Clerk read as follows: 

The question of CQusideration is not precluded by an affi.rmati ve vote on a motion to adjourn. The " unfinished " business pending at the time of the adjournment is stillsu bject to the question of " consideration. " The motion to adjourn precluding it on the previous day. 

The SPE~R. By analogy the Chair thinks it is in order to raise 

the question of consideration. 

Mr. CONGER. I raised that qnesti.on because the Committee on the Judiciary, reporting this resolution, I understood a-sked for its 

recommittal. 

Mr. ACKLEN. The gentleman from Texas, [Mr. CULBERSON1] who 

reported the resolution from the Committee on the Judiciary, IS now present. 

Mr. CULBERSON. I have an amendment to propose which I think 
.. 1879. CONGRESSIONAL RECORD-HOUSE. 613 

will obviate the objection made to the resolution, so far as the recel:is 

is concerned. 

The SPEAKER. Does the gentleman from Texas offer an amendment on the part of the committee 'f 

1\Ir. CONGER. I raised the question of considemtion because I 

understood the committee wished to have it postponed. 

Mr. CULBERSON. 1'he committee did informally this morning 

direct a certain course should be pursued in relation to this resolution but subsequent to the adjournment· of that committee I wus req-r:ested by a majority of its members to let the l'esolution take its 

course, with the amendment I now offer t6 it. 

Mr. CONGER. I raise the question of consideration. I should like 

to know whether the gentleman moves the amendment from any 

action taken in the Judiciary Committee 7 

1\Ir. CULBERSON. It is not reported from the committee. 

1\Ir. SPRINGER. I rise to a question of order. The point I make 

is that the question of consideration cannot be raised in the morning 

hour· that under the rules of the House when the morning hour haa begu~ reports of committees are in order; rmd this being a report of a committee the Honse must dispose of it in the morning hour. 

The SPEAKER. This is a report of a committee but it comes over as unfinished business ; and the gentleman will find a decision made, 

Journal, 2, 44, p. 252, that the question of consideration could be 

raised against the unfinished business. 

Mr. Sl'RINGER. In the House, but not in the morning hour. 

The SPEAKER. This is in the House. 

l\fr. SPRINGER. But in the morning hour. 

The SPEAKER. That is a part of the time of the Hous.e; we are not in committee. . 1\lr. SJ?RINGER. That is true, but we are acting under a rule which 

requires the House to consider at this time reports of committees and 

reports of committees alone. . . The SPEAKER. The Chair thinks the Honse at all times has power 

to control its business by a majority. The question of consideration can be raised against this report, which comes over as unfinished, 

business; and if the House should refuse to consider it, it would then 

proceed to the next order in the morning hour, which would be reports 

from the Committee on War Claims. 

Mr. SPRINGER. We are now in the morning· hou.r, as I understand f : The SPEAKER. Yes, this is the morning hour. This is not a question between unfinished business and something else with which some member might antagonize i~, but it is a question of considering this 

unfinished business ; and if the House determines not to consider it, 

then the House will proceed with the :r;egular order, which is thereceiving of Teports from the Committee on War Claims. 

Mr. SPRINGER. When a question is before the House the rule 

provides that it may be disposed of by a motion to postpone to-a day 

certain, to commit, to amend, or to postpone indefinitely. But I submit that when a report from a committee is before the House itmnst 

pass upon it in some way or other. 

The SPEAKER. The Chair thinks the question of consideration can be raised. 

The question being put, "Will the House consider the report " there 

were-ayes 43, noes 99. · . Mr. ACKLEN. I call for tellers. This will not occupy fifteen minutes. 

Tellers were not ordered, only sixteen members voting. therefor; 

not one-fifth of a quorum. 

So the House refused to proceed with the consideration of the un- finished business. 

The SPEAKER. Reports from committees are still in order, and 

the call rests with the Committee oh War Claims. 

WILLIAM DADDS. 

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

(H. R. No. 6127) for the relief of William Da.dds, of Annapolis, Maryland ; which was read a first and second time, referred to the Committee of the Whole on the Private Calendar, ancl, with the accom- panying report, ordered to be printed. · 

J. M. BRAEG AND OTHERS. 

Mr. REILLY also, from the same committee, reported, as a substitute for House bill No. 415, a bill (H. R. No. 6128) for the relief of J. 

1\1. Bragg and others, of Tennessee ; which was read a first and second 

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

GEORGE W. SAULPA...~. 

Mr. CALDWELL, of Kentucky, from the Committee on War Claims, 

reported back, with a favorable recommendation, the bill (S. No. 1390) 

for the relief of George W. Saulpan; and the same was referred to 

the Committee of the Whole on the Private Calendar, and the a~omP.anying report ordered to be printed. 

ESTATE OF JO~ WATERS. 

Mr. CALD\VELL, of Kentucky, also, from the same committee, 

reported back, with a favorable recommendation, the bill (S. No. 955) 

for the relief of the estate of John Waters, deceased; and the same was referred to the Committee of the Whole on t.he Private Calendar, 

and the accompanying report ordered to be printed. 

GEORGE W. BROWER. 

Mr. CALDWELL, of Kentucky. In the absence of my colleague on the Committee on War Claims, the ·gentleman ~ Alabama, 

[Mr. SHELLEY,] I report back from that committee with a favorable 

recommendation the bill (H. R. No. 16'26) for the relief of GeorgeW. 

Brower, ap.d move that the same be referred to the Committee of 

the \Vhole on the Private Calendar, and the accompanying report printed. 

The motion was agreed to. 

JA."\IES MILLER. 

~Ir. MARTL'l, from the Committee on War Claims, reported a bill 

(H. R. No. 6129) for the relief of James Miller, of Bourbon County, 

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

Committee of the Whole on the Private Calendar, and, wit.h the 

accompanying report, ordered to be printed. 

ELIZABETH n. IDGGL.~S A...~ OTHERS. 

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

No. 6130) for the relief of Elizabeth B. Higgins, Joel Higgins, and 

Brand Higgins, of Phillips County, Arkansas; which was read a first 

and second time. 

Mr. 1\IARTIN. I ask for the present conside1·ation of this bill. 

The bill was read. It refers the claim of Elizabeth B. Higgins, Joel 

Higgins, and Brand Higgins, children and heirs at law of Richard Bigpus, deceased, of Phillips County, Arkansas,•for property alleged to nave been taken and converted to the use of the Govemment by the 

United States Army dming the war to the Court of Claims for adjudication, a-ccording to the laws as to loyalty and the taking and con- version of property governing the commissioners of claims in like cases. Mr. CONGER. I r~ise the point of order that this bill should have 

its first consideration in Committee of the Whole. 

The SPEAKER. The Chair will cause the bill to be read again. The 

Chair does Eot see that it appropriates any money. 

Mr. MARTIN. It does not. 

Mr. RICE, of Ohio. It contemplates an appropriation. 

Mr. FRANKLIN. · ·Almost every bill does tlia.t. · Mr. BUTLER. We cannot under this bill take any money out of the Trea~ury until a new appropriation is made~ · . Mr. CONGER. I think the language of tJre rule is such aa requires 

the reference of this bill to the Committee of the Whole on the Private Calendar. Otherwise we might send all these claims to the 

Court of Claims without their being considered in Committee of t.he 

\Vhole. 

The bill wa.s again read. 

Mr. BUTLER. That bill does not require any appropriation. If 

the Court of Claims should make an adjudication it cannot be paid 

until a new appropriation is made. 

•The SPEAKER. The practice of the House baa been not to allow a point of order to rest against claims that are to be sent to the Coftrt 

of Claims, and the Chair's immediate predecessor decided that where a bill may incidentally involve expense, but does not dirootly require an appropriation, it does not necessarily go to the Committee of the 

Whole. The Chair therefore overrules the point of order. 

Mr. WHITTHORNE. Let the report be read. 

The Clerk 1·ead the report, as follows; 

The Committee on War Claims, to whom was referred the petition of Elizabeth 

B., Joel, and Brand HilJ:gins, having considered the same, report as follows: 

Tbe petitioners, Eliza.beth B. Higgins, Joel Higgins, and 'Brand Higgins, are the children and heirs at law of Richard Higgins, deceased. They resiue-in Phillips County, Arkansas, and resided there before and during the WIU". The property claimed for is li>e-stock and farm produce valued at f40,045, and 40 bales of cotton valued at 25,000, making $65,045. Richaro Higgins, who owned this property in his life-time~,. died in April, 1862, before any of it was taken. Two of the 

petitioners, Joel ana Brand, were minors during the war, the eldest being about 

fifteen years of a:.te when the war closed. Josiah Johnson, Isaac Waters, and 

Harriet Johnson testify to the taking of the property. They each swear that they were present and saw 1t taken. Their statements are quite full. 

The petitioners state that they <li<l not file their claim before the southern claims 

commission because they' did not know of snob commission until it was too late t.o , file their claim lly reason of the expiration of the time limited for fil!.ncr claims. 

They reside eighteen miles southwest from Helena, Arkansas; two of tfiem were minors in 1871, when the commission was created; the third is a female. It is quite likely that the existence of the commission might not have come to their 

knowledge in time to enable them to file their claim. · It may be observed that the commission did not haYe juris<liction of the claim 

for the cotton. No remedy has been afforded for claims of that kind since the ex- • pira.tion of the two Y.ears following the close of the war. The two .males. Joel and 

Brand, were then mmors. Your committee are of opinion that the claim is a prima. facie one, and that the 

petitioners ought to be allowed a fair opportunity to present it. They therefore 

report the ll(l()Ompanyin~ bill referring the same to the Court of Claims for adjn- <lication, and recommena its passage. 

Mr. CONGER. I submit of course to the ruling of the Chair in this 

case, but I would call the attention of the Chair tothefact.that there 

is no one of all the war claims that can be presented but that may 

be embraced in a bill like this and sent to the Court of Claims without being subject to a point of order. 

The SPEAKER. The Chair agrees with the gentleman that they 

ought to be subject to the point of order and only regrets that he 

cannot so decide. 

Mr. CONGER. I call attention to the fact that this claim if referred to the court would· involve an expenditure of money from the 

Treasury. The SPEAKER. The Chair may be wrong, but the Chair thinks 

the gentleman himself knows that when the bill reported by himself, 
• 

614 CONGRESSIONAL RECORD-HOUSE. JANUARY 21,. 

known as the Dahlgren bill, was pending it was not ~ferred to a ~ro!Jght to the at~ntion ~f .the petition!3rs until 1874, a year or more after tho time 

committee • llimtoo for the filing of claims Iiad expired. ,._ c'oN.GER Th · t f rd d •t ·, Your committee are of opinion that the petitioB and proofs atta~hed present a ~. ', · ere was _no p~m o o er rna e upon 1 • • • " prima facie case, both as to the question of l«:walty and the taking of the property. The tiPEAKER. The Charr thmks there was, but the Charr will They therefore report the a.ccompanyih"' bill. referrin"' the claim to the Court of 

not asse:'t it. Claims, and recommend its passage. " ' " · 

The Cl1air thinks that this is a defect in the rule, but the majority Mr. BRAGG. It seems to mea little strange that with a case where 

oftheHon;-edonot.seemtoag:eewith theChair,andhaveno~cha.nged the pr~ofs 31re so cleara?d the committee are sothoroughly satisfied 

thernle. fheCharr agrees With the gentleman that everything likely of the JUStice of the clatm that there can be no doubt either as to the 

to take money out ef the Treasury ought to be subject to a point of amount of the claim or thf,' lc:walty of the claimant, they should shrink 

order, but the gentleman will recollect that money is the motive power from the responsibility of reporting a bill to this Honse for payinu 

in all legislation here. The Chair will cause to be read the decision the claim. The fact that they do so shrink leads me almost to thin~ 

that was made upon the point of order in the Dahlgren case. that this i.s a new way which haa been discovered by which the sense The 9Jerk read as follows: of this Honse is not to be taken upon claims which may be known as Mr. BENJAMIN w. HARRIS al8o. from the same committee, to which was referred so•thern war claims, bnt that the responsibility is to be shifted to 

the bill of the Honse (H. R. No. 5049) authorizing a. settlement of the claim of the somebody .else, so that when a. verdict may be rendered we may hold :O~~d!~nif.e late Rear-Admiral John A. Dahlgren, reported the same without up our hands and say' " Thou canst not say I did it." I hope this 

The House having proceeded to its consideration, bill will not pass. 

Mr. BRAGG made the P.oint of order 1lha.t the said bill must recei>e its first con- Mr. MARTIN. I am a little astonished at the objection made by sidera.tion in the Comnuttee of the Whole House. the gentleman on my left, [Mr. BRAGG, J for the simple reason that 

The SFEAKERpro tempore overruled the point of order on the ground that the h ht t b bl th t f I h d willin' t t bill contained no appropriation of money or property, but proposed only a refer- e ong 0 e 3 e, as ares O us are appre en g, o rust ence of the case to the Court of Claims to determine whether or not the Govern- a court that was instituted for the very purpose of adjudicating matmont was indebted to said claimant. ters of this kind. I am surprised when iibe gentleman objects to the 

Mr. HARR.rs demanded the previous question ; which was seconded and the main <ionrt considering a claim of this kind. . ~estion ordered, and under the eperation thereof the bill was engrossed and read I regard it as infinitely preferable to refer such claims as this to a 

the third time. court than to have them heard and considered here. In the court 

The SPEAKER. The gentleman will see that the point that was '\\itnesses may be heard upon both sides·, doubtless will be. _Here the 

made there in that case is similar to the one made now. testimony is only ex pm'te. For the protection of the Government and 

MrrCONGER. There was a special limitation upon the power of for the ample vindication of the rights of the claimant, it seems tome 

the court in that bill. tb h · 1 · h I The SPEAKER. The Chair cannot take cognizance of any'limita- proper at t 19 c :urns 00 d go to the Court of Claims. • Mr. REILLY. As a member of the committee reporting this bill, tion. The Chair approves the vigilance of the gentleman from Mich- and in answer to the objection of the gentleman from Wisconsin, [Mr. 

igan, but is unable to give him the relief he wants. The Chair re- BRAGG,] I think I can satisfy his mind. It will be borne in mind 

greta that he cannot carry out the views which he honestly entertains, th t 11 th · 1 f 1 · bef Co · b d but he will co-operate with the gentleman from Michigan whenever a a IS c ass 0 c arms ore ngress Is ase upon ex part~ tesit comes to taking money out of the Treas. ury. · timony. The GoverBment is not represented; the witnesses are not 

cross-examined. The affidavits a:re simply ex parte, taken before a The bill was ordered ·to be engrossed and read a third time; and. commissioner or some other pe:z:son authorized to take them in differbeing engrossed, it was accordin~ly read the third time, and passed. ent parts of the country. 

Mr. MARTIN moved to reconsider the vote by which -the bill was In this case the testimony was very strong, considering ihat it wae passed; and also moved that the motion to reconsider be laid on the ex parte. It.was enough to satisfy the committee looking ai it from 

table. that stand-point, of the merits of the claim ; but we did not think the 

The latter motion was agreed to. proof was snfti.cient to warrant us to repert a bill taking money out 

M. BARRON AND· H. P. AND w. GORMAN. oftheTreasnrywheret.he6overnmentitselfhadnotbeenrepresented. 

Mr. MARTIN, :Uom the same committee, also reported a bill (H. Under the provisions of this bill the parties can go into a rourt 

R. No. 6131) for the relief of Maggie Barron n,nd Henry P. Gorman and regularly constituted, where the Government will be represented, 

Walter Gorman; which was read a first and second time. whelle they will have an opportunity, if they see proper, to present 

The question was upon ordering the bill to be engrossed and read a witnesses to antagonize this claim, where tlley will be represented by 

third time. counsel, and in that way justice can be mneh more fully done tban 

The bill provides that the claim of Maggie Barron, of MauryConnty.z here. . In our report we refrain :ftvlm exp11essing any opinion beyond 

Tennessee; Henry P. Gorman, of Fayette County, Tennessee· 31H1 the fact that this presents a prima facie case of such merit that the Walter Gorman, of Benton County, Mississippi, for property ;rleged party should have an opportunity to ·be heard in a court of justice. 

to have been taken and used by the United States Army during the Mr. POTTER. Why did not th~ parties go before the southe1·n 

war shall be referred to the Court of Claims for adjudication, both as claims commission f 

to tQe loyalty of the claimants and the alleged conversion of the prop- Mr. MART.IK. The original claimant died in 1869', and these parties 

erty, according to the laws governing the commissioners of claims in are his chil!lren. The southern claims li:ommissien was not establike cases. lished tilll871. 

Mr. MARTIN. I ask that the report accompanying the bill be read. Mr. POTTER. Would the eommissioners of southern claims have 

The report was read, as follows: had jurisdiction of this claim r 

The Committee on War Claims, to whom was referred the petition for the relief Mr. MART IN. Probably they wonld haye h..1.d. 

of Maggie Barron, Henry P. Gorman, and Walter Gorman, having considered the Mr. POTTER. Where was the property taken t same, report as follows: - · :Mr. MARTIN. In 1\Iississippi. The petitioners, Maggie Barron, ~enry P. Gorman, and Walter Gorman, are the :Mr. POTTER. All the property in thls case t 

heirs and legal representatives of George Gorman, deceased. The two former Mr MARTIN Y> •t •~ k th t •t t · · reside respectively, in Maury and Fayette Couaties, Tennessee, and the latter in • · .c erm1 me IJV remar a 1 seems o me- no lDJ)lrv 

Bentoil County, Mississippi. George Gorman owned the property claimed for at can be done to any one by passing this bill, which simply proposes tO 

the time it was taken. He resided m Marshall (now Benton) County, Mississippi, allow these parties to go before the Court of Claims at their o-wn ex- and died in 1869. The claim is for stock and farm produce alleged to have been If th f il th ·u t thin. if th t b,: -1. th · taken and used by the United States Army during the war, of tile estimated value pense. ey a ey Wll ge no: g ; ey es a .u~ err of eg,870• claim they surely ought t() have the money. 

The petitioners were all minors during the war, the eldest, Maggie Barron, being Mr. WHITTHORNE. I wish to ask the gentleman fiom West 

less than sixteen years of a~e when the war closed. George Gorman was about Virginia whether this House did not at the last session by a nearly eighty-se.en years .of a.~e when he died. He took the oath of allegiance to the three fourth vote pass a ue eral bill referr· ll b'll f this h United States in December, 1862, which is filed with the petition. Richard H. Par- · q u mg a 1 s 0 C ar- ha.m and Littleton H. ~Vilburn swear to his loyalty. Parham testifies as follows: acter to the Court of Clatms. I refer n()W to what i'B known as the .. I can say that he was a. stanch Union man-one who avowed his sentiments "Pott.er bill," which has not been acted upon, I learn, at the other 

publicly and privately upon all occasions. I have heard him say time and again end of the Capitol. Such having been the expression of the ~ense 

that the confederacy would not succeed, and that it ou~bt not to succeed. * "' "' f th H •t t th t th 'ti f th tl fr It is my earnest and honest heart-felt conviction that if there ever was a loyal man ° e ouse, 1 seems 0 me a e post on O e ~en eman om George Gorman was one." West Virginia and the gentleman from Pennsylvama is eminently Wilburn says: sound. If these parties have been loyal to the Government, if the " There was not a. more stanch, outspoken man in America. He had no con- Goverpment has taken their property, and if under the limitation 

cealment of his opinions and spoke them ont at all times and plllees. He would prescribed by the Government they were not allowed to sue, being denounce the war, separation, and the confederate authorities without stint or mercy and seemed to delight in expressing his contempt for them and his devotion debarred by infancy or any other cause, it is but an act of simple to the 'union of the States and the fiag of our country. He always said that the justice to refer their claim to the court-justice to the Government 

confederacy would fail and the United States Government stand for all time," &:c. and justice to them. 

The.first-namedwitnesshasbeenadjudgeclloyalbvtho southernclaimscommis- . Mr .. POTTER. 1\Ir. Speaker, I think this bill is of,more i.mpor- sion, under the aet of March 3, 1871. The last testifies that he has always b~en a Union man. · tance than the House seems to regard it. First let me say in answer Parham, Wilburn, William Gorman, and Henry Gorman testify to the taking of to the gentleman from Tennessee [1\fr. WHITTHORNE] that the bill 

the property by the Federal Army. The testimony of the last two is quite full which passed this Honse at the last session, referring to the Court of 

and circumstantial Theysaytheywerepresenta.ndsawtheYarionsitemscharged Claims the J'udicial ascertainment of the fa-cts in all matters of p' ri- ta.ken. The reason assigned for not having presented the claim before is that George vate claims, was referred to the Judiciary Committee of the Senate, Gorman placed hfs claim in the hands of attorneys a.t Memphis, Tennessee, for and by that committee reported adversely to the Senate and there 

prosecution soon after the close of the war;· that there was then no jurisdiction for defeated. 

such claims arising in Mississippi; that snch jurisdiction was not afforded until ~ow, my difficulty mth this bill is not that it proposes ·~ ..... ~r the creation of the southern claims commission in 1871 ; that meanwhile Gorman .... ~ - llV .. ..,.~~~:~ 

died, and in the course of the administration of his estate the matter wa.s not the inquiry of the facts involved to a judicial tribunal. I am always 
t 

" 

1879. CONGRESSIONAL REOORD-ij:OUSE. 615 

ill favor of that. The bill which I reported covered all cases of private claims, and forbade the consideration by Congress of any claim 

until the facts had been judicially ascertained by the Court of Claims, . instead of by a committee, as now. :My difficulty with this bill, I 

..repeat, is not that it provides for a judicial ascertainment of facts, 

but that it provides for payment to the claimants if the facts beestablished, while there is not by law any liability to them. Once for 

.all, let it be remembered that wher& property within the enemy's 

lines was taken or destroyed by our troops in carrying on the war the Government of the United States is not liable for such property 

by tho laws of nations and of war unless it chose to assume such 

l-iability. That it did see fit to do, as regards the property taken 

from loyal citizens, for a limited time. But its liability for such 

claims ended with the limitation which Congress provided in the .bill establishing the southern claims commission. 

1\Ir. :MARTIN. 1Vonld the gentleman prescribe or enforce a statutQ 

of limitation against infants 

Mr. POTTER. No, Mr. Speaker; but this is not a question of a ..statuto of limitation; it is a question of tho restoration of a mere statutory right, of a right which never existed except by ·positive 

law, which positive law declared that it must be asserted within a .certain number of years, which number of years has expired, so that 

the right is gone. And the question is whether in this ca-se, or in any 

.case, or in all cases, that right shall be restored. If we are going to 

give one loyal claimant the right to come in after the limitation 

originally provided has expired, we ought to give it to every such .citizen, and we ought not to begin by referring to the Court of 

Claims a single one of these war claims and directing that court to 

.adjudicate and allow it in preference to all the rest, or without un- derstanding that this bill is the first step in that road and being pre-

,pared to travel it through. . At any rate the House ought to understand that this is one of a .mass of claims for losses sustained by men at the South during tlte 

war, which claims were for a time allowable, if I may use the term, • .by the law establishing the southern claims commission, but which .are no longer so. Mr. WHITTHORNE. Will my friend answer me one question T 

Mr. POTTE.R. I will answer with pleasnwe anything I can. Mr. 1VHITTHORNE. Does the gentleman hold th.at it is right and 

-equitable upon the part of a government seeking to do justice among 

its citizens or sullSects, to give certain rights to adults, and persons 

who are capable of suing, and to deny the same rights to parties who .are unable to sue by reason of infancy, coverture, or insanity Y Does 

the gentleman believe that there is any justice in a proposition like . that ~ 

Mr. POTTER. No, Mr. Speaker, but that is not this case. Within 

the iime allowed by law a great many southern loyalistR applied to .the southern claims commission and bad their claims allowed; but 

others (some because they could not do so in time, some because they 

did not take the trouble to be in time, and some for other reasons) 

did not apply. Now it is san that the whole southern country is full -of claims of this kind which will be pressed the moment we give the 

-claimants a right and opportunity to enforce them-claims the amount 

of which will go far to exhaust the Treasury of the United States in 

their payment. Now we on this side of the House have asserted that we did not intend either to provide payment of these claims nor to • ·establish a tribunal in which they can be enforced; and gentlemen will ·remember that in the late debate on William and Mary college the _gentleman from Virginia [Mr. GoOD.E] said the South did not expect ·nor demand that we should do so. Now, I agreo that if this claim is to be considered and allowed at 

all the place to consider it is a court of justice. But this bill not only 

directs an ascertainment of the facts of the claim; it provides further 

that the claim shall be paid when the facts are established. Yes, it ·does.; although the gentleman from Ohio [Mr. KEIFER] shakes his 

heao. 

The SPEAKER. If the aentleman could show that the bill con- tained any appropriation the Chair would bold it to be subject to a ·point of order. 

Mr. POTTER. Oh, there is no provision in it, Mr. Speaker, for a -direct appropriation of money; that is not what I mean when I say 

it provides for payment; but it provides for the judgment of the Court 

of Claims according to the law governing the southern claims com- mission; that is, it provides for a recovery against the United States 

if the facts bear out the claimants. Now, that is simply to renew for 

the benefit of these parties a jurisdiction that we gave to the southern 

claims commission, which jurisdiction has now expired. If we renew it for one lo:ral claimant we should renew it for all. This bill means that we shall provide for paying the hundreds of millions of dollars 

which the republican journals say tho loyal southerners mean to take 

.out of the Treasury. I do not believe the people of the South as a whole want these claims provided for, and I am not ·going to take the 

.first step which shall open the door to such payment when I do not 

think we are bound to do it by right, and do not believe it will · now be for the advantage of either section to do it by favor. 

Mr. KEIFER. Will the gentleman allow me one question ! 

Mr. POTTER. Certainly. 

Mr. KEIFER. I lmderstand the distinguished gentleman from New 

York to have been in f avor of a bill that would pay all these claims 

in some.form or other through the interposition of a court; but as be 

could not pay them all, he would not nnw pay any of thein. 

Mr. POTTER. Oh, no Mr. KEIFER. That is the gentleman's proposition a...'l I gathered it 

from his bill, which passed by so l'arge a vote at a former Session of 

this Congress. 

Mr. POTTER. That did not provide for the payment of any one of 

these claims. 

Mr. KEIFER. It !poked to the payment of all of this cla-ss of 

claims. 

:Mr. POTTER. No, sir; it did not look to any such thing. It looked 

to the ascertainment of the facts and reporting them to this House; 

and had the facts of this claim been ascertained under that bill it 

would have given an opportunity to Congress to then say whether it 

be one of those claims which should be paid. If the Hod8e means to begiu the payment of this' class of claims, let it understand what it 

is doing. 

Mr. KEIFER. I of course yield to the gentleman when he insists, 

but I do insist my statement is correct. He is, however, mistaken ' 

about this bill, for it does not provide anywhere for a payment of this 

claim. · Mr. POTTER. But it provides for the adjudication of the claim in 

the Court of Claims and for a recovery, a. judgment there if established . Mr. KEIFER. It provides for adjudication by the Court of Claims, 

applying to it the law which has been made applicable to cases of like 

character before the southern claims commission. The effect of the 

adjudication of this claim by the Court of Claims nuder this bill, 

should it become a law, will be the same as under the omnibus bill of 

the gentleman from New York. The latter clause of this bill has been 

carefully drawn. It was so drawn in order that the Court of Claims 

should not take the report of this committee as conclusive of the 

question of loyalty or of the question of the taking or conversion of 

the property for which the claim is made. The latter clause of the 

bill was intended to entirely free that court from any action of the 

committee or Congress, and it was put there for the purpose of guarding against the very thing which the gentleman says we are in danger of doing. I am not satisfied by the ex ·parte testimony which was before the committee that these parties .were loyal during t.be war. I am satisfied so far as there was any evidence, or what possibly might 

be called evidence, before the committee, that it showed they were loyal, but I am not certain that it is true, and I will not accept it, it 

being ex pa1·tetestimony,as conclusive.of that question. It frequently 

turns out }Vhen questions of this kind are judicially investigated, 

when testimony is taken properly, that the parties were not loyal . I know a very noted ca.se. A very distinguished gentlem:m bad a claim before the commissioners of claims--

Mr. BRAGG. Let me ask the gentleman a. question. 

Mr. KEIFER. Certainly. 

Mr. BRAGG. If this bill revives the law and tlie rule of evidenee 

establisb·e<l for the claims commission in this particular case, does it 

not in fact revive that legislation and make it applicable to one 9ase, 

whereas all other cases will be excluded from the benefit of itT 

Mr. KEIFER. That is coming back to the same t.bing I understood my friend from New York to favor; that is, he would not pay one claim, however just, that may come within our consideration 

here because we could not pay them ·an. Let me say, Mr. Speaker, we have paid millions upon millions of dollars under the general 

law and through the interposition of the commissioners of clai.lll8, 

called improperly southern claims commissioners; we have !>aid, I 

have said, through their interposition millions upon millions of dollars of claims of like character to this one, assuming these parties to 

have been loyal and that these goods were taken and used by the 

United States authorities for the benefit of the Government. 

Let me say, sir, that it is not proposed to enter upon 'the payment 

of claims generally for property taken or destroyed in the South 

either to loyal or disloyal parties. That is not the proposition; but 

if these goods were commissary stores or quartermaster stores which were taken from or furnished by loyal parties to the United States ·Army, of which the Army had the benefit-used for the benefit of the 

United States-then we propose to pay for them as we have been paying millions of dollars for like property,-even though the claimalllts 

happened to live in the SoutO, if we find they were loyal. 

Now that is a policy which was entered upon long ago; but there we have stopped, and there I propose to stand so far aa I am con- cerned. · ~Ir. POTTER. Then I understand the gentleman to say if t hese· partie were loyal and if the goods which were takeh ware goocls of 

the class he speaks of, then they ought to be paid notwithstanding 

the expiration of the law establishing the southern claims commission. 

Mr. KEIFER. The gentleman states one ef the troubles I have had some difficulty with myself all through. There are, however, a great many people, unforttmately, who come here with claims having never heard of this limitation. Some were minors and could not 

have known or understood the application of tho law. It may be we are opening up ·a statute in this oase, possibly, whieh we ought not 

to do, but on representations made to us and on the evidence before 

the committee it thought this was a proper c:lse to open a statute and 
• 

616 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, 

let in these parties. That is one reason why we should not like to 

pass a general law to apply to all cases. If a man knowingly slept on his rights when the statute gave him a remedy he should be permitted to sleep on. Statutes of limitation are for repose as well as in the interest of peace. · Mr. REILLY. I should like to ask a question in regard to the point 

of payment involved in this bill. Does the gentleman from New 

York understand under the law that judgments of the Court of Claims are to be paid at once t On the contrary do they not have first to be 

reported to Congress before there is an appropriation J . . .Mr. POTTER. I am glad to answer the gentleman. Of course nothing can be actually paid without an appropriation first made by 

Congress, for the Treasury would otberwi not have the means of 

payment. Appropriation bills are not bills for ascertaining or declaring what is due, they are bills for providing the money to pay what 

has otherwise been declared by Congress to be payable. And when a claim has once been established by the judgment of the Court of 

Claims then all question of the li.ability of the Government to pay it 

is ended and it becomes as much the duty of Cougress to provide the means to pay it with as to redeem its Treasury notes. 

Mr. REILLY. But you said the bill provided for payment. 

Mr. POTTER. Yes, I mean the right to payment, not the means of payment; for by the judgment of the Court of Claims the debt 

against the United States is thereby established and the question of 

its validity is ended. Now the difference between this particular 

bill and the general bill I introduced was, that ·that provided for 

bringing the claims back to Congress with nothing but the facts in 

each case ascertained and the recommendation of the conrt thereon, 

for Congress to say whether the claim so established as matter of 

fact should be paid or not. This bill if it becomes a law will authorize the Court of Claims to give a judgment for the amount due, for 

which an appropriation ought then to be made. I understand thiR 

bill like the gentleman from Ohio, [Mr . .KEIFER,] to be the revival 

for this particular claim of the relief afforded by the southern-claims 

commission bill. There is no such thing as a legal liability on the 

part'of the Government in favor of loyal or disloyal people for property taken hy the Army in the enemy's country. Such s~erers have no natural right of recovery for such losses. Congress d1d see :fit to. 

create a special liability for those in the South whom we style loyal 

citizens. The liability thus created has expired. Th\s bill proposes 

to revive it . . I think it is a dangerous thing to do, and I want it 

understood that one democrat stands here opposed on that subject to 

the distinguished republican from Ohio, [Mr. KEIFER.] 

Mr. KEIFER. I desire to ask the gentleman from New York a question: whether he is opposed to the general policy of that original law¥ 

Mr. POTTER. Frankly,yes; Iamnowopposed toitsrevival. The 

war has beeu over for some fifteen years. The loyal men of the South 

have had an opportunity to present their claims. To now at this 

late day give them an9ther opportunity would be. to open th~ door to a vast army of claimants, many of whom are Without ment. The 

question of a man's loyalty who wa.s South during the la.te war is one of the most uncertain and i+J.usive of questions. Proof of some sort 

indicating that he was dissatisfied at some time with the rebellion or with its lea-ders can be collected in regard to almost any man there. 

And the temptation that would be held out to get up pretended 

claims and for claimants to assume to have been loyal would be very 

great. From all I can learn from gentlemen from that section, I 

think the general opinion at tlJ.e South is that few of these cla.im.B are honest; that more injnstice than justice would be done by reviving 

them ; that they aftord a constant ground for irritation, misconstruction, and mistrust; and that the South wouli on the whole be better 

off if it were once for all understood that the opportunity to assert 

such claims would not be revived. 

On the whole, therefore, I think it is better for the South, better 

for the North, better for the whole country, that the matter should 

be treated as settled, and that it should be understood that no one of 

these war claims will be paid, and that we should say, once for all, 

frankly, that we wiU not pay them. [Applause from the repul:)lica.n 

side.] The North does not want these claims paid; the South itself as a whole does not demand their payment, and no step looking to 

the payment of such claims should be taken by this House now. Mr. KEIFER. I ask the gentleman from West Virginia to yield 

to me for a. few moments before he calls the previous question. 

Mr. MARTIN. I yield to the gentleman. . Mr. KEIFER. I know with what approval· members upon this • :floor may receive remarks made against paying southern claims. 

The position taken by the gentleman from New York [Mr. POTTER] 

is a popnlar onetperhaps, before the country. But before this d~bate 

closes to-day, I aesire to say that I believe, limited as I have already 

stated to the payment for property taken from loyal persons by the 

United States officers or furnished by such persons to the United 

States officers for the express use of the Army in suppressing the 

rebellion in the South, the policy of paying these claims is a wise one. I believe it is wise because we will not say to these people down South 

who were loyal throughout the war, loyal when it cost something to 

be loyal-we will not say to them that what they furnished to the 

Army freely, in order that the war mi~ht be carried on, they shall now be robbed of. This would be sa.ymg to the people down South 

who had their property there, and tendered it freely to the United 

States to aid in putting down the .rebellion, and who were loyal 

throughout the entire war, "We will not pay you because you were so unfortunate as to live in a country that was disloyal." Many mem- bers .fail to distinguish· between claims of southern loyal men and 

what are generally called "rebel claims." . I stand upon the doctrine that was long ago announced in the other 

end of.this Capitol by the di6tinguished Senator from Indiana, Senator Morton, by Senator Sumner, of Massachusetts, and others, that 

it was a wise policy to pay certain claims presented by loyal men from whatever section of the country they came. If we fail to do 

this 'Ye put the loyal men in disloyal districts exactly upon a par 

with the disloyal people in disloyal districts. That is a position which 

I do not desire to take, popular or unpopular. 

For the sake of the future of this country, if even we are to forget 

the past, I am in favor, in proper cases, of distinguishing between 

the loyal and the disloyal, and always in favor of the former. 

Rebel claims should never be paid. All claims arising out of the 

general ravages of war should not be paid to loyal or disloyal persons. ~upplies furnished by or taken from loyal parties North and South 

should be paid for as a matter of right, and such has been the policy 

of this Government from the beginning, and I trust it may ever con- tinue to be. · 

.Mr. 1\IA..RTIN. I yield for a few moment to the gentleman from 

Mississippi, [Mr. HOOKER.] 

Mr. HOOKER. I desire to say in response to what has fallen from 

the· gentleman from New York, [:Ur. POTTER,] on this side of the 

House, that I think if he understood properly. the propositions of his own bill he would not have criticised the one offered by this committee in the way he bas done. Every claim against the Government 

should stand upon its own foundation. As I understand the provisions of this bill, it simply proposes to compensate parties whose goods were taken by the Government of the United States, and who were minors at the time, and who, therefore, were not embra.ced within 

the provisions of the former law. Upon every principle which belongs to that law for which the gentleman from New York expresses so much respect, I undertake to assert that neither in the country 

from which we borrow alike our laws and our language nor. in any 

other ·civilized community has there ever been a statute of limitations that did not except minors, jemntes couvert, insane persons, and 

those incapable of taking advantage of the law. The bill introduced 

by the gentleman from New York himself, to which I gave my assent, 

proposed to include claims, just and proper ia themselves, presented 

by loyal citizens; and if the gentleman from New York had had the 

misfortune to go from New York to reside for a year or two in the 

South and had there had all his property destroyed by the Union 

Army while he himself was loyal in Mississippi a.s he had been loyal 

in New York, would he not have thought it a very hard thing if his 

Government had said," We will not pay this debtt" 

Why, sir, his own proposition proposes the following: 

Be it enacttd, &c., That anv person who may have a claim a!!ainst the United 

States of which the Court of Claims would not now have jurisdiction, but founded 

upon equity and justice, and not ba.rred by the statute of limitation provided by the laws of the United States, may file his claim in tha.t court. · · 

The man above all men who stood higher than all others in judicial acumen and legal learning, Judge Story, said that it was a disgrace to this free and enlightened country when in the most despotic 

governments in the Old World a citizen who had a claim against thegovernment had a right to go to the court and demand his pay. 

There was no such right here; and this sentiment thns uttered by 

this great lawyer and judge was carried out in the Court of Claims. 

And now, sir, to-day you have in the Treasury of the United States 

34,000,000of captured and abandoned property. You have $15,QOO,OOO 

which you acknowledge does not ~long to the Gove~ent of the 

United States, and never can be mingled with the other funds in the 

Treasury, but it must stand there forever as a sacred fund to pay 

debts you acJmowledged that you gathered from those who were loyal 

in the South. 

And while I admit that there are few exceptions to this, yet I know 

that there were some persons who were loyal there, and if you took 

their property you did it as a trustee, with the intention and purpose· when they came with their claims to return it to them, and this i& one of that class of claims. 

Mr. CONGER. I call for the regular order. 

The SPEAKER. The morning hour has expired and the bill goes. over until the next morning hour. 

E..'ffiOLLED BILLS SIGNED. 

1\Ir. RAINEY, from the Committee on Enrolled Bills, reported that. the committee had examined and found truly enrolled bills of the. 

following titles; when the Speaker signed the same: . A bill ( S. No. 854) for the a(ljudication of title to lands ·claimed by 

Jose ApiR and Pablo ApiM, in the State of California; and 

A bill (S. No. 753) to confirm a certain private Jand claim in the 

Territory of New Mexico. :\IARTh'E CORPS • 

.Mr. BLISS. by uuanimons consent, introduced a bill (H. R. No. 

H32) to regulate and define the rank of the staff of the Marine Corps; 

which was read a :first and second time, referred to the Committee on Naval Affairs, and ordere<l to be printed. 
1879. · CONGRESSIONAL RECORD-HOUSE. 

CLAil\lS OF WORKINGl'mN OF THE DISTRICT OF COLUMBIA. 

Mr. BLISS. I ask unanimous consent t.o offer the following resolution: 

llesoliJed, That the Secretary of the Treasury be, and he is hereby, requested to furnish the following information: 

First. What, if any, additional legislation is necessary to enable the pro~r and· 

iting officers of the Treasury to audit and allow all claims for work and labor 

actual1v performed under the late board of public works of the District of Colum· 

bia, and now on file in the Treasury Department, under act of June 20, 1878. 

Second. The number, amount, and the nature of the claims, anu how much, if any. additional appropriation is necessary to pay anu adjust all legal claims now on file. 

Third. If anything has been found due to contractors of the late board of public 

works who have not paid and are still indebted to their laborers. 

Mr. CONGER. I object to the adoption of the resolution, but have no objection to its reference. 

1\lr. BLISS. It is simply_ a resolution of inquiry, and I am sure if 

the gentleman understood it he would not object to it. 

Mr. CONGER. Is it a resolution of inquiry f 

~Ir. BLISS. That is all. 

:Mr. CONGER. Then I will not object. 

The resolution was ~o-reed to. 

JO~ T. PE~:mNGTON. 

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

6133) granting a pension to John T. Penningt.on, of Adair County, 

Missouri; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

nEPORT 01!' THE SUPERL""'TE~DENT OF. THE COAST SURVEY. 

:Mr. BALLOU, from the Com1pittee on Printing, reported back the 

following concurrent resolution of the Senate; which was rea<;}, con- sidered: and a.greed to : . R esolved by the Senate, (the H ouse of R ep resentative8 concurring,) That the report of the Superintendent of the Coast Sun-ey for the year endirig June 30, l b77, be 

print-ed, with 1,000 additional copies for the use of the Superintendent. 

Mr. BALLOU moved to reconsider the vote by which the resolution was concurred iti ; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

POWELL'S SURVEY. 

Mr. BALLOU also, from· the same committee, reported the following concunent resolution; which was read, considered, and agreed to: 

~o ved by the House of RepTesentatives, (the Senate C0'11.CUr-ri,zq tltercin,) That t.here be printed 5,000 copies of the report on the lands of the anu region of the 

United States, by J. W. Powell ; 1,000 for the use of the Senate, 2,000 for the use of the House of Representatives, and 2,000 for the use of the Department of the 

Interior. • 

Mr. BALLOU 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. 

BL."'DING OF GOVER.."nlE~T REPORTS. 

:Mr. BALLOU also, from the same committee, reported back the bill 

(H. R. No. 5655) to amend an act entitled "An act making appropriat ions for sundry civil expenses of the Government for the fiscal year 

ending June 30, 1879, and for other purposes," a.pproved June 20, 1878. 

The SPEAKER. The Chair trunks that that does not come under 

t he rule which authorizes the gentleman to report at any time. 

Mr. BALLOU. The object of the bill is simply to change the law 

in relation to binding, so as to have .the serjes made uniform. 

The SPEAKER. The Chair bas no objection to its consideration if no member of the House has. The bill will be re~d. 

The bill provides that the act making appropriations for the sundry civil expenses of the Go"\'ernment for the year ending June 30, 1879, 

shaH be amended by adding to the clause relating to the binding of 

books for the Departments of the Government, after the word.s "Congressional Library," the words "nor to the library of the SurgeonGeneral's Office." 

Mr. BALLOU. The object of this bill is to provide that the series 

of books in the Surgeon-General's Office shall be of uniform binding. 

The bill was ordered to be engrossed and read a third time; and it was accordingly read the third time, and passed. 

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

table . . The latter motion was agr~d to. 

WAGON-ROAD, MONTA>.~A. 

Mr. BALLOU, from the same committee, reporte{l back the following; which was laid on the· table: · 

ResoliJed, That the Secretary of the Interior be requested to furnish this House 

with a copy of Colonel Sawyer's report as superintendent and disbursing officer of 

the Government expedition to construct a wa~;~on-road from the Niobrara River to Virginia City, Montana, in 11?65. 

DUTIES ON SUGAR. 

Mr. ROBBINS. In ,response to a communication from the Secret ary of the Treasury in regard to the evasio:n of the duties on sugar, 

I report a bill from the Committee of Ways and MeanR and ask tbat 

it be made a special order for consideration on Saturday next after 

the morning hour, or, if there be no morning hour, at one and a half 

o'clock. 

Mr. WARD. I object to its being made a special order. · 

Mr. ROBBINS. Then I move that it be printed and recommitted 

to the Committee of Ways and Means. 

The bill (H. R. No. 6134) to regulate the duties on sugar was re- ceived, read afirstand sec<_md time, ordered to be printed, and recom- mitted to the Committee of Ways a.nd Means. 

~:\!EMORY OF THE LATE GUSTAVE SCHLEICHER. 

1\Ir. CABELL, from the Committee on Railways and Canals, re- ported the following; which was laid on the table, and ordered to 

be printed in the REc~RD : 

Whereas the .death of Gustave Schleicher having de~ri>ed the Committee on Railways and Canals of a chairman whose pre-eminent abilities and hi)!h characterhave been its prirle, we desire to place on record our deep sensibility of the loss we have sustained: Therefore, Be it resoliJed, That we deplore the death of our friend, fellow-member, and chair- man, and recognize in it not only a. private affliction but also a public loss. 

Resolved, That while his recognized superior intellectual attainments and his. well-known amiablo and noble tra.its of character will keep his memory e>er green in our hearts, his noblest memorL'll will be those public services to. which he devoted himself with unremitting zeal, integrity, and patriotism. Resolved, That he has left a record of honorable deeds an<l of duty well per- formed which might well excite the emulation of the best and wise.«t of his surviving colleagues. . . R esolved, That we extenll to his family the assurance of our heartfelt sympathy in their 1!J'C3t bereavement. R esolved; That we fully indorse the recommendation of the Committee o.n Foreign Affairs that the Committee on Appropriations make the usual and customary: appropriation of salary for the benefit of the family of our late colleague. 

CLA SIFICATIO~ OF :\IAIL MATTER. 

Ur. WAD DELL. I ask unanimous consent that Thursda.y evening 

next, at half past seven o'clock, be assigned,·for the consideration of a bill in which every ·American citizen is interested-a bill for the 

classification of mail matter and the fixing of the rates of postagethereon. 

Mr. CONGER. No other business for that evening T 

The SPEAKER. No business but that bill. 

There was no objection, and it was so ordered. 

Mr. WAD DELL moved to reconsider the order just made ; and alB() 

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

The latter motion was agreed to. 

J.\IILITARY HEADQUARTERS. 

Mr. THROCKMORTON. I ask unanimous consent tQ submit a resolution for consideration at this time calling for informa.tion in 

which the Committee on Appropriations and the Committee on Military Afl'airs are much interested. 

The resolution was rea-d, as follows : 

Resolved, That the Secretary of War be requested to report to the House of Rep- resentatives the probable cost and continuing expenses of carrying into operation the existing law in reference to the removal of "headquarters of military depart. ments from leased buildings into buildings belonging to the United States Go"Vern- ment at the following named points: saint Paul, Omaha, San Antonio, Prescott, 

and Portlandhmakin~ a separate statement as to each of the above named places, and stating t e relative cost of leasing at said points suitable buildings for said" 

purposes; and tO further report in what instances .such removal in Government 

post-s will in his opinion be beneficial or injurious to the efficiency of the service. 

There was ne objection; and the resolution was adopted. 

:Mr. THROCKMORTON moved to reconsider the vote by which the 

resolution was adopted; and also moved that the motion to recon- sider be laid on the table. · The latter motion was agreed to. · 

DUTY UPON HOR..~ STRIPS, ETC. 

-J.Ir. WILLIS, of New York, by unanimous consent, introduced a .bill 

(H. R. No. 6135) imposing a duty upon hor1;1 strips and imita.tions of 

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

Committee of Ways and Mea.ns, and ordered t.o be printed. 

CAPITOL GROUNDS. 

1\Ir. WILLIS, of New York. I .ask consent to submit for adoption 

at this time a resolution calling on the Secretary of the Interior for a statement in regard to money spent and labor performed on theCapitol grounds. 

Mr. CONGER. Let that resolution be read. 

The resolution was read, as follows: 

Be it resolved by the House of Rtlpresenta.tives of the United States in 00'/zgress· assembled, That the Secretary of the Interior be, and is hereby, requested to send to this Honse a detailed statement of the sums of money appropriated for improv- ing th.e grounds around the Capitol, from the lst of March, 1814, to the 1st of De- cember, 1818 ; also an itemized account of the manner in which the money was disbursed ; the names of all persons employed as engineers, !rardeners, superin- tendents, firemen, (except laborers,) and therunountof salarypafdperda.yor month; 

also what amounts have been paid from time to time, specifymgthe dates, to Fred- erick Law Olmstead, by what authority he was paid, and w1ia.t services he has per- formed; also the aggre~ate amounts paid for material, and the wages of laborers. 

And be it /ltrther resolved, That the Secretary of the Int-erior be, and is hereby, requested to send to this House a detailed statement of the names and nnmber of 

persons, exclusi>e of laborers, who are employed under the Architect of the Capi- tol, what duties they perform, the State they are from, and the salary they-receive. 

per diem or month; also what State each of the engineers, gardeners, superintend- ents, and firemen in charge of the work on the Capitol grounds is from. 

lli. CONGER. I object. 

Some time subsequently 1\Ir. CONGER withdrew his objection and 

it was renewed by Mr. TOWNSEND, ~Jf New York. 

WILLIAl\I AR..~OLD. 

lir. BUNDY, by unanimous consent, introduced a hill (H. R. No. 

6136) granting a pension to William Arnold, a soldier of the Mexican 

war; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

. ' 
618 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, 

MESSAGE FRO.M: THE SENATE. 

A message from the' Senate, by Mr. SYMPSON, one of its clerks, an- nounced that the Senate bad disagreed to the amendments of the 

Honse to the bill (S. No. 763) to provide for holding terms of the circuit and district courts in the district of Colorado, asked a confer- ence with the House on the disagreeing votes of the two Houses, and 

had appointed as conferees on the part of the Senate Mr. CONKLING, 

Mr. HowE, and Mr. :f) A VIS of illinois. 

The message also announced that the Senate had passed, with 

.amendments in which the concurrence of the House was requested, . .a bill (H. R. No. 4200) relating to the National Road in the State of 

..Maryla1ul, and to give consent of the United States to a certain act 

of the General Assembly of Maryland in relation to said road. 

The message also announc~ t~at the Senn:te had concurr~d ~n the 

resolut-ion of the Honse for prmtmg 8,000 copies of the eulogtes m the 

Senate and House of Representatives upon Hon. J. E. Leeklard, late 

member from the fifth district of I~ouisiana. 

INTERNAL ll\1PROj\'E!\IENT IX WISCOXSI.X, ETC. 

Mr. POUND, by unanimous consent, submitted the following res- olution; which wa-s read, considered, and adopted: 

Resolved, That the Secretary of War be, and he is hereby, requested .to transn?t to this Honse such official reports and correspondence as have been received by him 

..subsequent to the s~bmi!lsion.of his ~ast annual .report as .rela~es ~the ~pro~ement 

of the Chippewa Rtver rn Wtsconsm and the Samt Cro1x Rtver rn WlSconsm and 

Minnesota and such as relate to the examination and survey of the headwaters of 

the Missi;sippi, Saint Croix, Chippewa, and Wisconsin Rivers, to determine· the 

l>ractica.bility of creating reservOirs to re~late the volume and Improve the nav- lgation of said rivers. . 

Mr .• POUND moved to reconsider the vote by which the resolution was adopted ; and also mov:ed that the motion to reconsider be laid on the table. 

The latt-er motion was agreed to. 

CAPTAIN JA.l\IES l\_t:. BEEBER. 

Mr. RICE, of Ohio. I ask unanimous consent that the Committee 

Qn Invalid Pensions be discharged fTom the further consideration of 

the bill (S. No. 19) for the relief of Captain James M. Beeber, and 

that the same be referred to the Committee on Military Affairs. 

There being no objection, the bill was referred accordingly, not to 

be brought back on a motion to reconsider. . 

MANUAL LABOU ASSOCI'ATIOX. 

Mr. COX, of New York. I ask unanimous consent to presen.t the 

'Petition of a number of very respectable colored men who desire to 

have their petition spread upon the record. It is brief, and I hope . there will be no objection to printing it in the REcoRD without the 

.signatures. . There being no objection, the petition o N. ·M. Mitchell and others, 

of the Manual Labor Orphans' Relief School and National IndllStrial 

rts Association, for an act of incorporation and for mate~ial aid in 

establishing institutions of the above title in certain States, was re- ferred to the Committee on Education and Labor, and ordered to be 

printed in the RECORD. 

T1te petition is as follows: 

·Petition of Noah Madison Mitchell and others, of the Manual Labor Orphans' Re· · lief School and National Industrial Arts Association, praying for an act of in. 

corporation and material aid in establi.sbj:ng institutions of the above title in 

certain States to encourage education and inilustry among the colored race, and 

for other purpo es · accompanied with certificates from the governors of States, 

mayors and other officials of cities and towns, ministers of churches, principals <>f public schools academies, and colleges, judges, members of the bar associB.-

tions bankers, a.hd business men of all classes, approving the enterprise and com~ending it as one of national utility and worthy of national favor and ma- terial aid. 

·To the Senate. and House of Representatives 

of the United States of .America in Congress a~sembled: 

We the undersi~ed petitioners, believing that the welfare of the nation and 

the peace prospen-tJ, and happiness of our common country depend upon the in-

-tellectual' moral and industrial training of the people who are to constitute the 

'futuro subjects ~well as ad.micistrators of government; and 

Whereas a large surplus of children of both sexes and races, and especially those whom we have tho honor in part to represent belonging to the emancipated race many of whose parents are suffering from old age and infirmity, and some of who~ amonCJ" your petitioners have lost the results of their most prosperous years ·.of earninas ~ince emancipation by the fall of the Freedmen's National Savings-

.Bauk, thereby greatly discouraging th~m in.theireffor~ t{)ward moral, ~1, and .intellectual elevation, and leavmg then children destitute both of facihties and 

inoentives to such educational improvement as is essential to good citizenship, 

and therefore an easy prey to ignorance, idleness, vagrancy, and crime; and be· 

lieving the relief of such a class and the removal of such tendency to vice and ~onsequent danger to the future peace, prosperity, and happiness of the Re-Public .to be a work commended of God and approved by all good men, have orgamzed a .Manual Labor and Orphans' Relief School and Na~onal ~du:otrla:l Arts ~!lociation for the improvement of the moral, mentaL SOCial, and mdustrial condition of 

the colored people of the United States of America. 

It is proposed to teach our sons and daug;hters trades, mechanic arts, ~?icnlture, 

.household training, and like p~uits, as well as t? instruct them in we comm?n . branches of an English education ; thereby rendermg the~ ~o_nest and u~efnl Cit- -izens. .And having procured lands and already begun the mttial work wtth ~t 

certainty of success, and having the favor of hundreds of the most earnest and m- telligent people of the country both in church and state, we, the officers a_nd mem· bers of said association therefore, upon tbe commendations of the many high char- -a{)ters of the land who bespeak for this cause your earnest and favorable consideration, pray your honorable bodies to adopt the following : _ 

A. bill to incorporate the Manual Labor Orphans' Relief School and National Industrial Arts Association of the United • tates of America. 

Br: it enacted by the Senate and House of Representatives of the United States of ..Am-erU:a in OO'nf}!essa ssembl~d, That Noah M. Mitchell, Lewis W. Brown, Thomas 

Hayward John Baker, Henry Allen, Albert Caldwell, John H. Little, Peter M. 

Williams' William F. Smith, Dennis C. Curtis, and others. are hereby created, with their associates and successors, a boo.v corporate aml politir, wi h perpetual sac· 

cession, under the name, style, and title of "The Manual I-abor Orphans' Relief 

School and1National Industrial Arts Association of the United States of America, " 

and by that name may contract and be contracted with, sue an<l be sued, plead and 

be impleaded with in their corporate name, may have and uso a common seal, may alter and chang_~ the same at will, and by the name, style, and title aforesaid theaaicl 

association shall have full power and authority to receive fumls aml donations, including lands and such effec~ as may be designed to promot-e the end for which the 

association is created. 

SEc. 2. That the object of this incorporated association shall be the care of desti- tute colored people, especially unfortunate and destitute children of the colored race, and the instruction of such persons by teaching them trades, the mecbaniG 

arts, agriculture, household trainincr, and like pursuits, as well as ta instruct them 

in the common branches of an En~fish education, thereby rendering them honest . frugal, industrious, and useful cittzens . SEC. 3. That the officers of the assocjation shall bo a president, vice-president, recording secretary, corresponding secretary, treasurer, and a board of manag!lrs or trustees of not less than five nor more than nine persons, to be elected under 

such rules and regulations as are prescribed by the constitution and by-laws of 

the association : Provided, That the election of said officers shall take place on the 

tirst Monday in January of ea<:h year. _ SEC. 4. That the said officers shall perform all the duties usually appertaining to their respective offices in similar or~anizations and as prescribed by the constitution of the association; and they shall gi>e bonds in such sums as shall be regarded reasonable and necessary for the faithful performance of their duty under the pro- visions of the constitution and by-laws of the association. 

SEc. 5. That any person may become a member of the association upon the pay- ment of $10 into tho treasury thereof, to whom a certificate of membership, issued 

by_ the secretary, shall be given, in accordance 'vith the pronsions of the constitution. Life-membership certificates ma.v be obtained upon payment of$~; and all 

persons holding such certificates shall be entitled to all the rights and pri.vileges of 

all other members under this act of incorporation and in conformity with the con- stitution and by-laws aforesaid. 

SEC. 6. That the capital stock of the associB.tion ahall be $150,000, which may be increased by a vote of the association when found necessary, in order to extend 

branch associations into other States. And the said associB.tion shall, by their incorporate name, be capable by law of boldillg and conveying any real and personal estate whatever which may be necessary in carrying out the object and purposes of the as.sociB.tion. 

SEc. 7. That the regular meetings of the association shall be held annually en the first Monday in Januar.v. 

Special meetings may be held at· such times and places as may be determined by the regular meetings, or upon call of the president and board of managers, under 

such restrictions as may be provided in the constitution and by.laws. 

SEc. 8. That it shall be tho duty of the association authorized by this act to pub- lish annually a full report of its financial condition and showing detailed state- ments of all its receipts ani). expenditures of tho same. SEC. 9. That books of subscnption to the capital stock of this association may be provided, containjng blank certificates, form of subscription, and marginal record, as follows: · 

M.L O.R .S. &. N I A .A. 

-oSUBSCRIPTION CERTIHCA n :. 

No·------····-·--· .... ;_. 

Place .. __ .••.••...•.•.... 

Date -·-·-··--········---· 

Share .. ------··-··- ...... 

Value, $10. 

I ha~e this day received 

from ..... ·----··--·----·· 

Agent of theM. L. 0. R. S. 

& N. L A. A., the abovenamed certificate for one 

share of stock, and have 

paid ten dollars therefor. 

Signed, A. B. C. 

OIL CITY, PA. 

No.: ~ Incorporated by act of { · • • · · • • • l Congress. S : Shares. ; 

01\""ITED STATES OF AMERICA . 

Eagle. 

Certificate· of subscription to theM. L. 0. n. S. & K. 

LA. A. of the U. S. of America. 

Capital stock, $150,000. 

This certifies that _ .....•.••••..... _ -. _ ------, of ... ___ ...•.•...... , State of ..•... . _ ... __ ., has subscribed for and paid ten dollats stock subscription to the M. L. 0. R. S. & N. I. A. A. 

The holder of this certificate is entitled to one "\""ote at all meetings of the association, and to all 

other rights and privileges enjoyed by members of 

the association. 

Dated at--····-·-.·- ...... ···-··· this ...... day of .• -......... , 18 .. 

·---·······- ··-·····-p;;;na.~t. 

. .. --. ·---··. --··· ···- s~~;trrry. 

Issued by ................... -....... . .Agent oj the .Association. 

SEC. 10. All other rules and re.,.<TUlations necessary- for the good government of 

this organization and not expressly provided for in this act, shall be clearly ex- pressedin the constitution and by-laws, which shall be made public and kept pnnt~ 

for public distribution and always accessible t{) the members and subscribers of 

the association. 

.And we do furthermore pray that l_per cent. of all revenue accrued from the tax on whisky and tobacco from January 1, 1866, to the 1st of .January 1878, be ap· propriated as a national donation in aid of the work herein represen~ or so much 

thereof as Congress may within its judgment deem proper, and should you be so humane and generous. as to grant this request your applicants will be able not on"ly to carry out. to tho fullest extent the plan herein set forth , but will bv this act of 

your honorable body be enabled to be!!in in realit:v the first practical efforts for the 

permanent relief of a people who of tb'e many s~erers in the l!ind ~the greatest, and we promise that should your honorabl~ b~es compl,Y w1th this request yon will never have any cause to regret your actien m the premiSes. For every dollar so invested we shall endea>or to prove to be worth moro than a hundred spent for the 

arrest, conviction, and punishment of vagrants an.d criminals. . The eatire plan and feasibility of our undertaking and proposed enterpnse are set forth in the constitution and by-laws of the association and other accompany- ing documents and recommendations, herewith transmitted. · Requesting your patient, earnest, and favorable com~idera.tion of this important subject, your petitioners will ever pray. 

ALBERT V. CONWAY. 

Mr. TUCKER, by unanimous consent, reported, from the Committee 

of Ways and Means, a bill (H.R.No.6137) authorizing the Secretary of 

the Trea nry to issue bonds to Albert V. Conway, substitute?- trustee 

for certain registered United States bonds redeemed or assigned by 
,. 

' . 

1879. CONGRESSIONAL RECORD-HOUSE. 619 

-the Government upon forged assignments; which was read a first 

and second time. • . . Mr. TUCKER. I ask unanimous consent that this bill be consid-

-ered now. The SPEAKER. The bill will be read; after which there will be -opportunity for objection. 

The Clerk read as follows: 

Be it enacted, d':c., That the Secretary of the Treasury be, and he is hereby, au- t1iorized to issue to Albert V. Conway, au bstitutoo trustee to John Vanzant, under .and according to the will of James Vanzant, deceased, late of Washington City and 

District of Columbia, registered bonds of the United States, according to the pro- visions of the act entitled "An act to authorize the refunding of the national 

debt," a"l'proved July 14, 1870, and at the rate of 4 per cent. interest thereon per .annum m lieu of the following certificates of reg:istered'bonds, redeemed or llS· 

signed'ulJOn forged assi~ments, t~ wit: No. 7406 act of March 3, 1865, and No. 

262TJ, act of March 3, 1865, consols of 1865, each for 1,000, the property of saicl 

Albert V. Conway, trustee substituted in place of said John Vanzant: Provided, .however, That it shall·be stipulated in each of said ce1 tificat~s issued under this act that no interest shall accrue or be payable upon either of them until and exce_pt from the death of Mary A. Boycl, who is entitled to a beneficial interest in said 

original bonds for her life Ullder the will of said James Vanzant, tleceasetl ; and tho :Secretary of the Treasury is directed to require satisfactory proof of the death of 

said Mary A. Boyd before paying any interest on said bonds issued under this act. 

Mr. THOMPSON. I do not want to object to this bill, but I think 

its form is objectionable, as it not only authorizes but d~rects the Secretary of the Treasury. If the words ''and directed" are omitted I 

have no objection to the bill ; otherwise I must object. 

1\lr. TUCKER. Mr. Speaker, if the gentleman will allow me a ..single moment I will state the circumstances of this case. These _are .bonds held by a trustee for certain parties under the will of James 

Vanzant. The Government issued bonds to the assignee named in 

forged assignments ; but the rights of the original parties could not 

be divested by the Government issuing new bonds upon forged assignments. This bill merely gives to the original party the right to bonds ·under the refunding act at 4 per cent. interest iustead of 5-20 bonds, 

which bear 6 per cent. interest. · Mr. THOMPSON. I understand that perfectly ; but my objection 

is tha~ the bill leaves to the Secretary 9f the Treasury no discretion 

in the matter. 

Mr. BUTLER. The word "authorjzed" will be enough. 

Mr. TUCKER. Very well. 

Mr. WHITE, of Pennsylvania. What becomes of the other bonds T 

1\Ir. TUCKER. Why they haye gone into the hands of the assignee 

named in the forged assignment, and the Government must lose them. ·when the Government has issued new bonds to a man on a forged 

.assignment the right of the original party cannot be divested. 

Mr. WHITE, of Pennsylvania.. But the bonds are all registered. 

Mr. TUCKER. Certainly. 

Mr. ·wHITE, of Pennsylvania. Then the Government can stop 

.payment. 

1\Ir. TUCKER. I w.ill say to the gentleman that there is a prece-

-dent for this bill in a bill reported a year or two ago from the Committee of Ways and Means and passed by this House. There can be no question about the right of the original parties to have these 

bonds issued to them. 

1\Ir. WHITE, of Pennsylvania. I do not controvert that, but as I 

understand, the other bonds which were issued to a party upon a fraudulent power of attorney or forged assignment are registered bonds ; 

and there ought to be some provision. prohibiting the Government 

.from paying these bonds. · Mr. ~UCKER. They have be~n redeemed by the Government. They are not outstanding. . The SPEAKER. The gentleman from Virginia, [Mr. TucKER,] as the Chair understands, assents to the modification suggested by the 

gentleman from Pennsylvania [Mr. THOMPSON] striking out the words 4 ' and directed." Tho Chair hears no objection to the consideration·of 

the bill as thus modified. 

Mr. TOWNSHEND, of Illinois. What is the amount of these bonds! 

Mr. TJJCKER. There are two bonds of $1,000 each. 

The bill was ordered to be engrossed for a third read!-ng, was accordingly read the third time, and passed. • Mr. TUCKER moved to reconsider the vote by which the bill was pa-ssedl· and also moved to lay the motion te reconsider on the table. 

The atter motion was agreed to. 

JOHN B. LUTE. 

1\Ir. WHITE, of Pennsylvania, by unanimous consent, introduced a bill (H. R. No. 6138) for the relief of John B. Lute; which was read a first and second time, referred to the Committee on Military Affairs, 

and ordered to be printed. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted in the following cases: 

To Mr. THOMPSON, for five days; - To Mr. DAVIS, of North Carolina, for fi.ve days, on account of important business ; and 

To Mr. PmLLn>s, for ten days. . · 

And then, on motion Olf Mr. MILLS, (at four o'clock aud forty minutes p. m.,) the House a-djourned. 

PETITIONS, ETC. 

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

under the rule, and referred as stated : By Mr. BLISS: The petition of J. N. Falwell and others, residents 

.. 

of Brooklyn, New York, for legislation to make effective the antipolygamy law of 186'2-to the Committee on the Judiciary. 

By Mr. BOYD: The petition of Jenny Alter and others, of Fulton 

County, Illinois, of similar import-to the same committee. 

Also, the petition of Louisa S. Mills and others, of Canton, Illinois, 

of similar import-to the same committee. · By Mr. BRIDGES: Memorial of the repre~ntatives of the Religious 

Society of Friends in Ponnsy l vania, New Jersey, aud Delaware, against a transfer of the mana~ement of the Indians from the Interior to the 

War Department-to tne Committee on Indian Affairs. 

By Mr. BRIGGS: The petition of Mrs. James Wells and 94 other 

ladies, of Dunbarton, New Hampshire, of similar import-to the Committee on the Judiciary: 

By Mr. CAIN: The petition of Charles L. Bradwerll, of Savannah, 

Georgia, for compensation for cotton surrendered by him to the United 

itates troops under comman<.l of General Sherman in 1865-to the 

Committee on War Claims. 

By 1\Ir. CLARK, of Iowa: The petition of Mrs. Mattie Merritt aud 

othera, of Victor, Iowa, for legislation that will make efl'ective the 

anti-polygamy law of 1862-to the Committee on the Judiciary. 

By Mr. CORLETT: The petition of Mesdames J. R. Gibson, J. M. 

Montgomers, S. P. Ferris, J. ,V, Bubb, J. B. Babcock, aml E. P. Davis, 

wives of United States Army officers stationed at Fort D. A. Russeil, 

Wyoming Territory, of similar import-to the same committee. 

Also, a communication from Rev. Jeremiah Porter, chaplain United 

States Army, of similar import-to the same committee . 

By Mr. COX, of Ohio: The petition of Charles Heath, for an in- crease of peusion-to the Committee on Invalid Pensions. 

By Mr. D~'ORD : The petition of Martha L. B. McD.onald and 

173 others, citizens of Belmont and Monroe Counties, Ohio, for legislation to make effective the anti-polygamy law of 1862-to the Committee on the Judiciary. · 

By 1\Ir. DEERING: The petition of citizens of Butler County, Iowa, 

for the amendment of the patent Laws so as to protect innocent purchasers of patented articles-to the Committee on Patents. 

Also, the petition of citizens of Bremer County, Iowa, of similar 

import-to the same committee. 

By Mr. HARRIS, of Virginia: The petition of John Thornley, medical director United States Navy, for arrears of pay-to the Committee 

of Claims. 

By Mr. HENDEE : The petition of Luther B. Hunt and 60 others, 

citizens of Fairfax, Vermont, that the name of ·James W. Ryan be 

placed on the pension-roll-to the Committee on Invalid Pensions. 

By Mr. KIDDER: The petition of John H. McCutchen and others, 

for the amendment of the organic act of Dakota, increasing the 

jurisdiction of the probate judge in Lawrence County-to the Committee on the Territories. . By Mr. LOCKWOOD: The. petition 'of Miller, Greiner & Co. and 

others, that the tariff on sugars be regulated on the ad valorem prinoiple-to the Committee of Ways and Means. 

· By Mr. LORING: The petition of C. J. Brockway, for the payment 

of a French spoliation claim-to the Committee of Claims. 

By Mr. McGOWAN: The petition of Mrs. H. L. Porter, Mrs. W. H. 

Warren, aud 304 other ladies, of Olivet, Michigan, for legislation te 

make effective the anti-polygamy law of 1tl62-to the Committee on the.J udiciary . Also, the petition of Mrs. E. Marble and 55 other ladies, of Concord, 

Michigan, of similar import-to the same committee. 

By· Mr. McMAHON: The petition of George W. Parris, for arrears of pension-to the Committee on Invalid Pensions. 

Also, the petition of Christiane Ellermire, of similar import-to the same committee. 

By l\Ir. MORRISON: Memori-al of the Kentucky State Medical Society, favoring the passage of the Morrison "free quinine" bill-to 

the Committee of Ways and Means. . By Mr. ROBERTS: The petition of citizens of Northeast, Cecil 

County, Maryland, for an appropriation for dredging Northeast 

River-to the Committee on Commerce. 

By Mr. SINNICKSON: The petition of John D. Sargent, for a pension-to the Committee on Invalid Pensions. 

By Mr. SPARKS: The petition of 30 ladies of the Presbyterian 

church of Vandalia, illinois, for restrictive legislation against polygamy-to the Committee on the ._Judiciary. • . By Mr. STENGER: The petition of 197 women of Alexandria and 

Porter Townships, Huntingdon County, Pennsylvania, of similar import-to the same committee. ByM~r. STRAIT: The petition of 1\Irs.Mary A. Loudon·and44 others, 

of similar import-to the same committee. 

Also, the petition of Mrs. T.l\Iontgomery and others, of Saint Pet-er, 

Minnesota, of similar import-to the same committee. 

By Mr. WALKER: The petition of Ashland Grange, No. 113, of the 

Patrons of Husbamlry, State of Virginia, for the reduction of the tax on tobacco-to the Committee of Ways and 1\Ieans. 

By Mr. WATSON: Memorial of manufacturers of Erie, Pennsylvania, opposing the passage of certain sections of the bill (H. R. No. 

1612) to amend the patent laws-to the Committee on Patents . . By Mr. WILLIS, of Kentucky: Papers relating to the claim of 

J. A. Briggs, executor of the estate of C. M. Briggs, dece~sed, for 

compensation for cotton taken by the United States military au- thoritie, dnring the late war and sold-to the Committee on the Jadi.ciary .