-----------------------------------------------·- ..r--" 

1368 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23, 

Young, Forty-sixth Illinois Volunteers-to the Committee on Invalid 

Pensions. 

By 1\fr. G. W. HEWITT: The petition of John D. Wilson and 168 

others, citizens of Winston Coup.ty, Alabama, prayiJ.!g for an appropriation to relieve distress among the people of that county-to the 

Committee on Military Affairs. 

By Mr. A. S. HEWITT: Papers relating to the pension claim of 

Julia A. Stimers-to the Committee on Invalid Pensions. 

By Mr. KETCHAM: The petition of 0. M. Peck and 29 others, 

glass-workers of Poughkeepsie, New York, for the rigid enforcement 

of the laws imposing duties on manufactured glass-to the Committee on Ways and Means. 

By Mr. LEWIS: The petition of 200 citize..lS of Peoria, illinois, for 

the repeal of the tax on banks and stamp on bank-checks-to the 

same committee. 

By Mr. LINDSEY : Papers relating to the claim of John W. Polkto the Committee on Claims. 

By 1\lr. MANNING: The petition of B. R. Smallwood, W. A. Jones, 

and others, citizens of Marshall County, Mississippi, for legislation 

regulatin& _railway transportation-to the Committee on Commerce. 

By Mr. McCOID: Papers relating to the claim of Peter Fisher-to 

the Committee on Pensions. 

By Mr. McLANE: Memorial of the Maryland Historical Society, 

recommending the purchase of the papers of Benjamin Franklin, now offered for sale by Hy. Stevens, of London, England-to the Committee on the Library. 

Also, the petition of Gabriel E. Manigault, relative to purchase by 

Congress of his bust of General Lafayette-to the same committee. 

By l\f.r. MOREY: Papers re.latin~ to the claim of Jackson Rileyto the Committee on Military Affarrs. 

By Mr. MURCH: The petition of J. H. Vase and 28 others, citi- zens of Waldo County, Maine, for legislation regulating railway 

transportation-to the Committee on Commerce. 

By Mr. PETTIBONE : The petition of Eliza Rogers, for a pensionto the Committee on Invalid Pensions. 

Also, papers relating to the pension claim of Catharine Barnes and 

of Nancy M. Jackson-severally to the same committee. 

By Mr. PRESCOTT: Memorial proposing a bill to pay losses and one month's allowance to volunteer clerks in the Census Depnrtmen tto the Committee on Appropriations. . By Mr. W. W. RICE: The petition of 160 citizens of Worcester, 

Massachusetts, for the repeal of the tax on bank deposits and two-cent 

stamps on bank-checks-to the Committee on Ways and Means. 

By MI". D. C. SMITH: The petition of 40 citizens of Pekin, lll~ 

nois, for the repeal of the tax on banks and two-cent stamps on checks 

and drafts-to the same committee. 

By Mr. SPARKS, (presented by request:) The petition of citizens of 

Centralia, lllinois, for the repeal of the tax on bank deposits and 

stamp tax on bank-checks-to the same committee. 

By Mr. VALENTINE : The petition of 40 citizens of Fremont, 

Nebraska, for the repeal of the tax on bank depQsits and the twocent stamp on checks and drafts-to the same committee. 

By Mr. VAN AERNAM: The resolutions of the Legislature of New 

York, asking for legislation to protect the State from the care and 

expense occasioned by the importation of criminals, paupers, and 

lunatics-to the same committee. 

By Mr. GEORGE D. WISE: The petition of Pickrell & Brooks 

and of David Tennant and others, for relief-severally to the same committee. 

SENATE. 

THURSDAY, February 23 , 1882. 

Prayer by the Chaplain, Rev. J . J. BULLOCK, D. D. 

The Journal of the proceedings of Tuesday last was r ead and approved. 

COJ\DIITTEE O:N FINA...~CE. 

Mr. MORRILL. I ask in behalf of the Committee on Finance leave 

for that Committee to sit during the sessions of the Senate. 

The PRESIDENT pTo tempo·re. If there be no objection, leave will 

be granted. The Chair hears none, and it is granted. 

EXECUTIVE CO:\IMUNICATIO:N. 

The PRESIDENT p1·o te-mpore laid before the Senate a communication from the Secretary of the T1·easury, transmitting, in response to a resolution of January 6, 1882, a letter from the Light-House Board 

containing certain information in regard to the Pintsch lighted buoy 

in operation at the entrance of the ha~·bor of New York during the 

past summer; which was referred to the Committee on Naval Affairs, 

and ordered to be printed. · 

NATIONAL ACADEMY OF SCIENCES. 

The PRESIDENT pro tempore laid before the Senate a r eport of the 

proceedings of the National Academy of Sciences from November 16, 

Hl80, to the close of the year 1881, in conformity with the acts of incorporation; which was referred to the Committee on Naval Affairs, 

and ordered to be printed. 

PETITIO:NS A..~D 1\IEMORIALS. 

',['he PRESIDENT pro tempore presented a. petition of citizena of 

Fort Wayne, members of the Indiana Bar Association, praying for 

the appointment of a second circuit judge for the seventh judicial 

circuit of the United States; which was referred to t he Committee on the Judiciary. 

Mr. PENDLETON presented the petition of Joseph Peter on and 

84 others, citizens of Ohio, praying for the passage of a...bill to com- pel railroad corporations and their agents.and all common carriers 

upon them to perform certain duties; which was referred to the Committee on Commerce. 

1\Ir. BAYARD. I present the memorial of Charles H. Dalton, trea - urer of the Merrimac Manufacturing Company, and a great many 

others, who state that they represent industries which consume a million and a half bales of cotton per annum and employ over 200,-

000,000 of capital, a.nd they desire to express their approval of tht 

bill to appoint a commission to revise the tariff. I move that the 

memorial lie on the table. 

The motion was agreed to. 

1\Ir.l\f.ILLER, of California, presented a petition of citizens of California, praying that Congress refrain from legislation affecting the 

rights of settlers upon the Moquelamos grant pending a decision in 

the premises by the Supreme Court of the United States; which was referred to the Committee on Public Lands. 

He also presented a petition of ministers of the Gospel, of California, 

praying for the passage of a law to prohibit the practice of polygamy 

within the limits of the United States and Territories; which was referred to the Committee on the Judicjary. 

1\Ir. TELLER presented a petition of various officers of the Grand 

Army of the Republic, praying Con~ess to pass :1. bill fort he purpose 

of remtmerating female nurses durmg the late war; which was re- ferred to the Committee on Military .Affairs. 

1\lr. PLATT. I present resolutions of the Chamber of Commerce of New Haven, Connecticut, relating to the signal service. I believe 

the rule is to have such resolutions read. If so, I desire to have these read. 

The PRESIDENT p1·o temp01·e. The resolutions can be r ead if the 

Senator chooses. 

Mr. PLATT. I ask for the reading of the resolutions. 

The resolutions were read, and referred to the Committee on l\Iili tary .Affairs, as follows : · 

CHAMBER OF COMMERCE OF NEW HAv& ... , February 14, 1882. At a meeting held this day it was unanimously 

Resolved, That in our opinion the Signal Service has fully demonstrated its use- fulness and importance, and we ask that its efficiency may be increased by its reor- ganization as a permanent bureau and by increased appropriations, to the end that a large number of st..'l>tions may be established. 

Resolved. That the secretary be requested to send a copy of these resolutions to each Senator and Representative from this State. 

[BEAL.l HENRY PRESC :TT, 

becretary . 

1\Ir. PLATT. I also present the petition of Professor Alexander C. Twining, of New Haven, praying for an extension of his p atent r elating to the m:tllufacture of ice. The petitioner sets forth the value of 

his patent, and the difficulties and delay which he has heretofore 

encountered in obtaining an extension of it. He requests that the 

petition may be read and entered upon the Journal of the Senate; but as I understand the rules do not allow that to be done, I must con- tent myself with a statement of the character of the petition. I move the reference of the petition to the Committee on Patents. 

The motion was agreed to. 

Mr.. INGALLS presented the petition of Allen Wright and J. S. 

Standiey, delegates of the Choctaw Natiou, praying for legislation to 

carry out certain provisions of the treaties of 1866-'67; which was refened to the Committee on Indian Affairs. 

1\lr. LAPHAM presented the petition of An~us McD. Shoemaker and other ex-Union soldiers of New York, praymg for the passage of a bill granting pensions to the survivors of southern prisons; which was referred to the Committee on Pensions. 

Mr. GROO}!E. I present resolutions of the Legislature of Maryland, and I ask that they may be read. 

The resolutions were l'ead, and r eferr ed to the Committee on Com- merce, as follows: 

Joint resolutions of the Legislature of Marvland relative to the obstructions to the 

harbor of .Annapolis, Maryland. 

Wl1ereas the Go>ernment of the United States has eXl)ended larv;e sums of 

mouey in erecting bulidings and enlarging the grounds of the United Sfates Naval 

Academkjt Annapolis and in purchasing ground and erecting buildings for ex· 

pe~!~eas ft~~~~~ab{~~~~\ ~~~~r:~tf~vla ~:eF~~to~~~Jdn ::%-nited State 

and other vessels of large drau~ht in entering the harbor of Annapolis should be 

removed or cut away, so as to admit said vessels with more facility and without 

danger of grounding on said bars, and also for the purpose of commerce; and 

Whereas a reasonable expenditure of money for the purpo es above mentione1l 

would be, in thejud~:,rment of this General Assembly, both wisdom and economy: 

Therefore, 

B e U resolved by the General Assembly of Maryland, That our Senators and Repre- sentatives in Congress be, and thel are hereby, requested and urged to use all proper 

:~~~~ t~~ep~~b~:~f~~:p~ll~'i:;'c~~tinm;!!:; :Jlt;f:;~tion to deepen the 

And be it further ·resol.,;ed, That his excellency the governor be requested to trans- mit to each of our Senators and Representatives in Congress a copy of the forego- ing preamble and resolutions, that t-hey may be laid before the Senate and Hou~e 

of~opresentatives of the Uniteu States. 

GEORGE HAWK.1NS WILLIAMS, · President of the Senate. 

OTIS KEILHOLTZ, 

Speaker of the HOUle of Delegatet, 
1882. CONGRESSIONAL RECORD-SENATE. 1369 

Mr. VOORHEES presented the petition of Lieutenant L. A. Thi- The PRESIDENT pro tempm·e. The Chair thinks it ought to go to 

baut late of the volunteer service, praying to be reinstated in his the Committee on the Judiciary. form~r rank and that he be granted an honorable discharge; which l\ir. BUTLER. I am informed by a member of the Committee on was referrecl to the Committee on Military Affairs. Claims that a similar bill is before that committee; however, I shall 

Mr. :MITCHELL presented a petition of the temperance confer- not insist on such a reference. ence lately held at York, Pe~ylvania, prayi?~ for an amendment The PRESIDENT p1·o tempore. In the opinion of the Chairthe bill 

to the Constitution of the Urn ted States prohib1ting the manufacture, ought to go to the Committee on the Judiciary. . importation and sale of aJI alcoholic beverages throughout our Mr. CAMERON, of Wisconsin. A bill on the same subject wa..s illnational d01hain; which was ordered to lie oD. the table. trocluced by ~e Senator ~om l\iiss.issippi [Mr. GE<?RGE] and refen:ed 

l\ir. HARRIS. I present a memorial of the Memphis Cotton Ex- to the Committee on Cla1ms, and 1t has been cons1dered to a considchange settinrr forth the great danger to the harbor at Memphis by erable extent by that committee. . . . . reason ~fa rec~nt change in the current of the Mississippi River and The PRESIDENT pro tmnpore . . In the opnnon o_f~he Charr both bills 

asking an immediate appropriation in order that the harbor may be I ..;Should be referred to the C~m"!llttee on the JudiCiary. 

saved from very great, if not irreparable, injury. I move that the Mr. INGALLS. The Charr 1s undoubtedly _correct. . memorial be referred to the Committee on the Improvement of the The PRESIDENT pro tempo1·e. As the Charr recollects, the charrl\fississippi River and its Tributaries. man of the Judiciary Committee [Mr. EDMU~TDS] gav~ way on that 

The motion was al7reed to. subject the other day. If he had not done so the Charr would_ have 0 

tested the sense of the Senate upon the reference; but the chauman 

ENROLLED BILLS SIGNED. of the committee, at the instance of the Senator from Wisconsin, 

A messarre from the House of Representatives, by Mr. McPHERSON, arrreed that that reference should be made. 

its Clerk ~nnounced that the Speaker of the House had signed the 0Mr. BUTLER. If it should turn out that the Committee on Claims 

following enrolled bills; and they were thereupon signed by the find that they may not be able to consider the bill, they can a k to 

President p1·o tempore: be discharged fro~ ~ts consid~ration and hav~it_refer~e~ to the CornA bill (S. No. 937) to enable the Postmaster-General to delegate mittee on the Jndie1ary; but masmuch as asimilarbilllsbeforethat 

imthority to sign warrants; and cominittee, I ask that this bill be also referred to it. 

A bill (H. R. No. 3550) making an apportionment of Representa- The PRESIDENT pro tempore. It will be so referred. 

tives in Oongress among t,he several States under the tenth census. l\1r. HOAR. That subject has been referred by the Senate to the 

REPORTS OF COMMITI'EES. 

Mr. TELLER, from the Committee on Claims, to whom was referred 

the bill (S. No. 964) for the relief of Joseph C. Irwin, reported it without amendment, and subinitted a report thereon, which was ordered 

to be printed. 

He also, from the same committee, to whom was referred the bill 

(S. No. 692) for the relief of William L. Adams, reported it without 

amendment, and submitted a report thereon, which was ordered to 

be printed. 

Mr. CAMERON, of Wisconsin, from the Committee on Claims, to 

whom was refened the bill (8. No. 675) for the relief of Thomas J. 

Learrue, reported it without amendment, and submitted a report ther~on, which was ordered to be printed. 

He also, from the same committee, to whom was referred the bill 

(S. No. 778) for the relief of Henry Fink, United States marshal for 

the eastern district of Wisconsin, reported it with an amendment, 

and subinitted a report thereon, which was ordered to be printed. 

He also, from the same committee, to whom was referred the bill 

(S. No. 449) for the relief of William B. Whiting, asked to be discharo-ed from its further consideration, and that it be referred to the Co~ittee on Naval Affairs; which wa..s agreed to. 

Mr. ROLLINS, from the Committee on Naval Affairs, to whom was referred the bill (8. No. 381) for the relief of the mates in the United 

8ta tes Navy, submitted an ad verse report thereon; which was ordered 

to be printed, and the bill was postponed indefinitely. 

Mr. PUGH, from the Committee on Claims, to whom was referred 

the bill (S. No. 522) for the relief of Peter Targarona, reported it 

without amendment, and subinitted a report thereon, which was ordered to be printed. 

Mr. MAXEY, from th~ Committee on Post-Offices and Post-Roads, 

to whom was referred the petition of James H. Huckleberry, praying 

relief from paying a certain amount of money in default as mail con- tractor, subinitted an adver e report thereen; which was ordered to 

be printed, and the committee were discharged from the further con- sideration of the petition. 

l\ir. ALLI80:8. I am instructed by the Committee on Appropriations, to whom was referred the bill (H. R. No. 4221)toprovidefor 

certain of the most urgent deficiencies in the appropriations for the 

service of the Government for the fiscal year ending June 30, 1882, and 

for other purposes, to report it with sundry amendments and recom- mend its passage. I give notice that to-morrow at half past one I 

shall call up the bill. 

Mr. FRYE, from the Committee on Claims, to whom was referred 

the bill (S. No. 20) for the relief of the heirs and legal representatives of HamiltonSlawson,jr., submitted an adverse report thereon; 

which was ordered to be printed, and the bill was postponed indefinitely. 

l\Ir. ANTHONY, from the Committee on Naval Affairs, to whom was referred the bill (S. No. 73:l) fixing the relative rank and pay of 

certain officers on the retired list of the Navy, reported it with an amendment. 

)lr. }'AIR, from the Cominittee on Claims, to whom was referred 

the bill (S. No. 6~0) for the relief of John B. Davis, reported it without amendment, and submitted a ;t'eport thereon, which was ordered 

to be printed. 

BILLS Th'TRODUCED. 

l\Ir. BUTLER a ked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1:297) conferring upon the Court of Claims 

j tuisdiction to hear and determine all claims against the Government 

of the United States; which was read twice by its title. 

l\1r. BUTLER. I ask that the bill be referred to the Cominittee on Claims. 

Committee on Claims several winters. 

'l'he PRESIDENT pro tempore. The Chair ha..s just referred the bill 

to the Committee on Claims. 

Mr. HOAR. I did not understand that the Chair had referred it. 

I supposed the Senate did these things. 

The PRESIDENT p1·o tetnpo1·e. In the absence of objection the bill was referred to the Committee on Claims. 

Mr. PLUMB asked and, by unanimous consent, obtained leave to 

mtroduce a bill (S. No. 1298) for the relief of Stephen O'Connor; 

which was read twice by its title, and referred to the Committee on Military Affairs. 

Mr. INGALLS asked and, by unanimous consent, obtained leave to introduce a bill (S. No. 1290) to enable the Choctaw freedmen to 

become citizens ofthe Choctaw Nation; which was read twice byits 

title, and referred to the Committee on Indian Affair . Mr. LOGAN a ked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1300) to authorize the appointment of John 

\V. Chickering to the rank of first lieutenant; which was read twice 

by its title, and, with the accompanying papers, referred to the Committee on Military Affairs. 

Mr. SAUNDERS asked and, by unanimous collBent, obtained leaYe 

to introduce a bill (S. No. 1301) granting an increase of pension to Geor~e Gans; which was read twice by its title, and, with the accom- panyml7 papers, referred to the Committee on Pensions. 

Mr. GROO~iE asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No.1302) granting a pension to John W. Hayes; 

which was read twice by its title, and referred to the Committee on Pensions. 

Mr. GEORGE aske(l and, by tmaninwus consent, obtained leave 

to introduce a bill (S. No. 1303) to cheapen transportation on railways; which was read twice by its title. 

Mr. GEORGE. I ask that that bill be referred to the Committee on Finance. 

Mr. McMILLAN. I think it should go to the Committee on Com- merce. 

Mr. GEORGE. It involves a change of the revenue la.ws. 

Mr. McMILLAN. Very well. 

The PRESIDENT pro te11tp01·e. The bill will be referred to the Committee on Finance. 

Mr. VOORHEES (by request) asked and, by unanimous consent, 

obtained leave to introduce a bill (S. No. 1304) granting a pension 

te Sarah J. Bovell; which was read twice by its title, and referred 

to the Committee on Pensions. 

Mr. TELLER (by request) asked and, by unanimous consent, obtained lea\e to introduce a bill (S. No. 1305) to provide for the payment of female nurses during the war; which was read twice by its 

title, and referred to the Committee on Military Affairs. 

Mr. VANWYCK asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No. 1306) to release and quit claim to any State, 

county, or municipality all equity and interest that the United States 

may have by reason of the neglect or refusal of any railroad com- pany to pay costs of locating and selecting lands donated by act of 

Congress in and to lands sold and to be sold by 8tat~s, counties, or municipalities for non-payment of taxes by any railroad com- pany; which was read twice by its title, and referred to the Committee on Public Lands. 

l\1r. PLUMB a ked .and, by unanimous consent, obtained leave tc 

intioduce a bill (8. No.1307) granting a pension to William H. Miller; 

which was read twice by its title, and referred to the Committee on Pensions . .Mr. LAPHA.l\1 asked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1308) for the relief of William H. Whiting; 

which was read twice by its title. 
1370 FEBRUAR 

.G •• 
• 

-t-bS"raL-... ·r·''i J .L-Q ~- r... u J...&.U..- OONG-lfESSIO .., ~L :REGOED~SEN -· · E. 137,1 

·-Mr. HO.AR;r!:With.Jeave-to "sit-dtll'ing the session~ ofthe-Seiuite; I 

sugge-St !j ;); e.:}..ic. t (" l.f • •• t• ~ >f.:. ( b.'' ") L r~r f , L_; ;.J. 

·~ '•)1r. UEORGE.~ Yes;:" sir, 'th ea.ve to· sit during the sessions: of 

the Senate; -and with' a .request-that they. act on it:very tlrompt~y. 

The PRESIDENT pro te1!1-P01'e. The :first motion being withdrawn, 

it is-mov.etl.that thS-j~i'tlf:r.esoluti~n..be-teferred to the~ommittee.on 

Militat'l-·.A:itansi:with:!le}lve to:,..saia: cimlmitt.OO. to s~iiring t'he:ses- sions of 4he. Seilatar IS-'there rObjectiott ~ The Chair hears none, and 

tha-joitlt-jesoJnt'ion. . .-·(viU:be' o::~(Xf, and-th 1~ ~granterl "J- .1 

~ME~~¥ • 1 - -r '-"-' ~v>.'t :j_;._~ ,jr;i l.!vf~ • i •r '+ ' •. •. :n • .' ·r J ~· q., ;I(J"' ..,. r "'":Mr. ·J.·~tLE.R sul5l:riftte'ci ait~ruftendin&nt ln en,aeQ.·;tq .. ff.pro;i>-osed 

I) nun t<nne:l>nns;_t ·. 980}.~ • J)r9viae· ·· .resert~ ftirid ·rot there- a~iD.i>Mon ofJJ.mte Sta not~s an -ror .O~t!e;:· p - ~ oaes ~ J iliicli as reTerrea ~~ fflaG§mnu.£ a oP, ;m'-il~nce; an,d O.iAe~ . O,.l){) prii).~e<L ... J. 

,.Mr • .':PL"A'l'T:.ff m tli~ bommntee .tO:A"umt' In4.fbontro~ the" .Contili[en, ~~nes\'f tlle ' e ate~ sublnitteQ., ~n ailieli,affient#teiidefl: toue projio a: the bilT (if. R: No:'42"21) lo P.ro:vJ,de f9r c~ta:rn bf th~ JD,.QSt_iU:gent d6nc.ieiwies hi . he"'ap!>ropria.tlorui {QJ; tlle. seft~~e· ot 

the, Goverl:im~ilt £or tJ,ie fijjeai year j:mcling .J ll.lle 3<T , 188.2, Ja:Q.d. for~ Qtlle~· 

pllipejse 'T .Whlch w~ r~errea to thell:Coniirlitpee ffii lji.lropriation.~, ail <I orClere:d tO. he nr ..< ie'jl'.. . I ... ~~. ... " •• • ~ ••• : -'.: :· .• J : ,, 

~- .,Jo, .. J- U_.J ,., ... ,:~ ' ........ ... J_J .. ..L.a. j' ..... ..L..-..~c.- - ..... .....1 .~-L 

AD SJ;Olf" 'f.Q CAl'.ITOl..J>N .HO~A..X . ~ .. HU -~( 

JONES) ofi Florlda,r ":I oftar-the,·faTiowin' r~~ti9n , r .::'-

~ 1Tlesulveil)- T,a'a -tb CoiuniittOO Publiq., Btilldings and- G~~!t be~i1 t is 

hereby, 'inst';I'lJcted; to inquire into th6 ~8dien:ny. of ..authb.rizing-thll pro pet ofli. oonu~( t}le C.Apitol.to keen jt:rdoor~ Qpen to. tl!.e.publicp · n3tti9!1~ hOliP.,ays ·:-' 

M:~;. ·Prooldent,.i cannot.>f3'3.Y thn£fam:a.·grea.t. reformer. .bnt.I do 

thinlnthat. the 'hand. o£ reform is nece'SSary in this.case.. :I d9- not p~:op.ose remake: a-speech,. b¢ wislnimply: .to draw.the a.ttentionrof the 

Senate and :the :-pubpc..to .this matter-:t.:..f think that 1t i not a. .right thin~ :to-do to have..the:doors o.£'.the.Capithl.rcl.osed.Jt0 the American 

public on the 4th of J nly and the 2'2d of Febr.uary; as-JJiave. knowu 

i-t.to.Oe done .• Beople.coming hel:efrom,'abroa.d ma.k-aitlt.p.oint, many 

til;nes,--t.o OO:Jfie her <m_ th~ 4th of. J.nly .bnt I have:.kn_9.:wUJ.hmldreds 

ef.in.tellig.en t;.thoughi£ul.·citize.Jis,w.ho..were . .exoludOOi from this:.building, und~r wha.t law.:IJrnow not, but:mcqnsequence.:ofsamerule ex. isting here;'3.Lt:IpnJc. hl}>t.oll.,thbse:-da.ys DJC~enca.ni citizen .who 

desires to survey this great structure, and the works: of .art· and -the 

statuary within it, ought to have.iJi righ:tlO do.so -~- . ·~ .. !: -.. 1-ask that.. the resolution be referred to.the:-'Conim1ttee on-"P.u.blic 

Buildrngs and Grouncl.S!l c ~ ::. 11.; 1' ~L'.u 1 .ir. :;: . :-. j l'~ 1 •.• 

• ~lr. liO.A:R.::; IshouldJikej;o askth.ehono:table&na.t(n:fromFlorida. 

whether :tlie session. of .the .S.enat& Mld. th~Jlltn;tse lS not ..a. :verf. gr:ea t 

attraction f~ Ahe , :.AmericatL people JW hen they rv:isit .W ashi:ngoon. 7 

They like .to 8Be the bodies in. session·;. a.ridi£we compeLthelarge.body 

of ~mployes who take care of the Capitol: to give up their holiday in 

.order Mt .. t{Le peQpl~ DJ.llY s~e .ih~ l>ric.k i\nd SWllf>f shouldth~S~n.ator 

not give up his holiday and remain here in session. hat.he may....be 

s~~n 'Yhen thex C9meri,nt~ ~he, ga.!l~ri!'ls .- .. r I .Y ".!''1 •.. r ........ · p1r . ..JO!if$, ol ~Jon.~~r c)J ~o· l:!t.tlifjik t,~JY.. WP~ ~ti;Ojl~o~ Q!}:~S on .. W!o~ 4-!1 sJ ,as..jhe..r n~v •. ~~~dan:!;. :P..PEQ~\I.Y to_,s~e-.u~ 

durmg tlie sittin~~ of the Sena.te ~n(it~e.l~Q~~ ~j; f,li~r timffs !. ..-.~ .•. ,ltf,l; BpAJl .. , ~py cc;n~l~ &ee ~li~ (!~p1~ .at_ ~p.~ s~e. typ~ . . ; , .. ~-..J~, ~f ~~t;#! ~¥~y pa~9Pl~!.:.a_pp~ t9 !>;: ~~J;~~n tAq~e a.y() }V'}?.~ ~~J!.9t~r~ on ~yflers~.a.n ! ~1J.!ll~1Jley ~1g~~ t9 _b ~dJ!tit-

!:e~~~E!~f~~l'tut~J~~f;~-: .............. -~ '• •' g --r!~~es~~~~fo~: ..... J! . !lJtlfts ••• d ftl!~@ t~ • 

_ ~ •, ,~<.: r EI~rnn .:AGRICUli"rlmAL MA'l"'''E • , '· ··-· , 

· ~fr. VOORHEES -subJcltt.ed:.the following resolution·"wh{ch':wa consinered by unanimous consent and.a.greed td,:u.·.~ . ...: 7 :··•·' ·~·, ·l 

RuolvP.a; Th:i.ttbe ConintittM on Post.:.Ofli~~ ltlid'~ost-'Ro"adaoe., iild: tt · h~~eby, instructed t.omqtiire-into the justiciean'd prop'r-iety{)fSo-amendin~existirigpos tal 

laws as to admit all prillted matter issued by StatA'bna.rda:o.f.agrlc111ture-, an ·all 

State reports on statistics and ~eology, and all th~ .Prill .ted. J?r~{l.il}g_s of S~te 

fairs t{) the privile~ea of the U.mted States mails at the same rates of post,a,ge as printed matter issued by newspa-per Jihtblish&s-r-and that sara wmmitte€r. be 'authorized to report by bili or otheTwise. ....;._.J • :. •• "" ,.; · 

- Mr.~ V-OORHEES. I aesi!e.to.send to. the cOminittee W-ith tlle resolution, :1 letter from the agricultural State board of-Indiana. olfthesnbject. ..... )-""!..,,r.._.: .;; ..... · ·r -~··...,,..: 1 ...... ..:;:...!~- ..... '•- .-:The'PRESIDENT jn-o. tempere.-:... Thepaperwill.Oereceived andreferred to tJ:l-e--committe:e'. Ju.: ,l ; 1 I·~·; •• ;J! .. ;,:~~r,·:. 1. '. J ... ~ o, .. ~- .... io x.itE . .CAD!:NDAR.Io !J.d.:. .%.(J.i.''ALt~;J .;. • .'_ 

Mr DAVIS of West Vir«inia . J:ri8e~ • t ... ::· }T_:!.l..I: :- ~~~ 

Th~ PRESIDENT Pro t~q-ri · l !rheno~ of o~e:h~s.ariived ~d ±he Anthony rulei-Sa~olut~ ,.o.; ..• l .. c.!: )c.· 'o· ~ J. ·.,.,~~•-.v _ .... -...~ 

·• Mr DAVI , of West Vttginia d: 1-'Yit~ilf to·o~er a. ~e~~prlfun ;-_:··:' .,: 

The PRESID~N'F p1·o tempo,-e;c.~T1ie-mbrtrin1J' ~eo1!'errfls~ on6' o'Clo ck ·..l<'.t;l::.J.~.>~ .• uou -:..oJw.uC. • J.. • ·• ~·.. "17 t ;..,~ ..... t.... "..:1. • .1. l ~l.1 

Mr; nAV!Bj=Mwest'V~ :1-Jf as'khiia~inlous ~o~Jsent t<r eft'e~ a· resolution;:to -whi6li: ther6 will be ho objection:; 1 pre1mme, a-sitisJor 

reference. .ot ; 1:;,· r.,. ... ~:.:71 ..!v.,:'. • ~ .. .~. 

Mr. CAMERON -'Of·Wisb'onsin":l:I--think tlie-SEIDa~ had better pro- ~(} .d.AA(l.er-tJrE\".A,;o,thQ.Il' rnl~-~d: ~:">rarl.'l-" o1 ~.>3 .oZ 8, .r; f fH·J.· 

_,_'.£'4ft J:>~E&.D~'I'~rp t!fm-])01'6.? o. T.h6 Chail:...'willuot:receh!e th.exesO-. l\l.ti®)if ;tJ:J.ecrful>e..)a:uy ~l>j~Qtian. H.l"J ('.,; f! 1

L>•-1 : :L ... n ... ...:? -~ :.., -- • J 

:Mr: DAVIS, of West Virginia. I agree With the Chair, but.I..us 

unaru~9JJfl QPJ!.S~ut .... ......: ..cc.>:>~ •• -. .·>- _ _,·.:;..:J c.: .. :.:.....::: ..... L..>.!.. :: •. _ 

-~ Mr-:C.AMERON, .OfWisconsin .. l .lobject! -- . ~· ~- .... -:. ,'t.,.l)fr. DAVIS:;-of:West:.Vii:gihia.: Do .I .un<Wrstand the .Senator t6 

object to a resolution for reference Y ·• Mr. CAMERON, of.Wisconsjn. .~_ At·this time.! .do '- • - '1'}1 P.RESIDENT j:n·o te7!11JOr.e.. ;.The CMenda.r will be c-alled undor 

the. A;n.thony.rule..-=;The· point ea.ched.when the. Calendar .was. .last 

under consideJ;a.tion. was:N o: • .51 iD. .the order .of 'bnsinesS.· Ther wera ~vefal cases pasSe.d.i>ve ithont prejudice. , Any. one_· of .th.ese will 

be called up at request. . ) ·. ... M:r.r McP.IIERSON.! call!U]>.:.th b11L(S~ No. 12)'to .e.stablislLnncl 

equ~liz~ the grad_es and,regulate appointments ~n d pro_l;l!otions in the 

Manne Corps. - ~·; -- ::. ....... _ . ~ ·-· .. · ... -~.- . -~ 

Mr. INGALLS. I object to the conaiderati:on.<>f tha.t..bill.under the 

Antl:io:bJL.rule: ; , •. · 1m,· ;;.: • . -.."- •• -· · I'J... 1.1. • · . .~ .. ~ ~ _ ~ 

Mr: McPHERSON. I will then, notwithstanding :the ·objection, 

aS.K tor .a.· vo'te oftha S!llJate.to talm it up .and cons:ide:r it; · . _ The PRESIDENT pro tempore. The SenatorfromNaw Jersey: calls 

'U.J! a bjJl whic4 __ has p~ pa~~d o:yer ~_it]l.out p.rejudic~ und r .the Anth911yrrule ;.To· tlie ... considera.tipn ~f th-e )Jill objection. is mad . 

T_fi~ s~nator-.ftom -New .:3 ersey ~o~; Jiot,y'ithst&n~g ;the i>bjectiQn mov~~ that the bill" he considered~ ·;'~.~~ , •L_ '-:'v ·• • • ,; Nr ·11cl?RE:RSON:.- 'B fql~"t5 t~"<Juef!tj~n~ re· jiltt_ I SJJ.ould like t<> 

make. a.·sU}tement...:respecting the- bill I haye ca.lled up. This bill 

passed the Committee on Naval Affairs of the Senate at the last·ses- sion 'unanimously, and the like QOIDmitte.e. of tha.:Ifuu.Se:of Rej>resentatiye.s; .and ilias :passed. he.·Senate ·committee atr• this7 session 

unahlmously;. andi.am.a.lso..infoJ:ID.ecl thelikecommittee of the Honse. 

I :do not intendrto ~ake np .uey. time..in · di cussing iilia measru:e. ..The 

~~~~::~:~~~~~~~~~~ol~.st~~- _-_I~~~ i~e to ~~~e ..... Mr~~GALLS.::• The Anthony .rule .;was adopted .for the pmp'o e .of 

sec.uririg thEY ~onsiae:ration o£ hill& np.on:the Calendar-reported b)T 

cornrilittee fu_w hich there :was 'll_U: objection.. Th b:ili. called. up by 

the- Senat-or. from •New.: Jer.sey. is .one -of veiJLgreat impor.tance,rpropos±ng the ..reorganization. of one .entire branch of the. pn hli<Y .ser>ice, 

and I submit to that Senator whether it is wi e and in accordan&l 

with the pirit that procured --the. .,adoption of that .r.nl.e.. to ask.that 

hi,s. biU ·l>.e. ta;kten~ u:p, whe.n.it ~.i.~pQ~;~sillle tb.at.it hould. l!e disc.ussed 

and;_pr.operly .considere<L.:Wit~out· ther•.aenslimption .of the .entire re- mainder.O:fthe j)eriod.that is-dev.oted·to the eon ide'ration e;f billB on the Calendar for this morning. ~ · J 

. l\lr. McPHERSON.'-· W.e sha.ll ·have jnst a much.time-·to consi.d r 

it thi mQrning ]ls we.shall-atty: other-day. ··n eanLbe made theo unfinished busin.ess-for .tQ-mortow morning-, and we Gan· keep at i~ unt-il 

it is"disposed..o£"'. It will occupy jnst so.muoh..time of the Senate'in i~:ruscussion· and determin-ation-whenever. taken up 'as-now; and it 

being;next:onthe.Calendarand.entitled td its-place, a-nd having been 

passed two or .three times, I a. k for its ohsid&-ataoli now. • · '.Mr. VO.ORBEE&. I Ull.d&stand the· purpose- and th-e. value of the 

Anthony rule to. :be t.o. dispOse of matters that we reaoh-on the Galen .. da.r·from..oommittees to whicb:.there.isno ·objection in this "bodyJ. I 

do not UJtClerstandj;he-obj.ectof~hat:rule to be to t.a.ke-up-this little 

point ofprecious time bymscussion:;. I ha'\te reported.:.a- bill to. this 

llody.mysel£wi..,thin five or six pf.being·reached,-in reference.. t<> thicon.: 

struction. Qf.a..libra.ry b,ullding . . _ rwould.not ieel-myselfat.libetty-to 

a.sk·the Sena.te.to-eon ider-thatmthe.mm'lling-hour, to take up all the 

time which ts so _P.rooious.,to ·&na.Wra Who. have bills ~ere that they 

desire. to. havecpasse4Amd to =whlch :thEU"e: is no obje~tion~ • The same principle which ·gov:erns ·me ought, l -thiilk1 to'govern the Senator -from 

New J.ersey . .. I do not tbink·that'the.timeset a-side·unt¥ half pa-st~ne 

o'~lock ought to be taken up on any subjee.t that require ~eech-' 

making in this body.·- Th~l'e-is Q-:much tha~'Gan b doRe tO..which 

there is no objection that I think we ought to adhere tQ ~J:t.!lt construe..: 

tion of the rule. _,._, J. ·:-=-~J. J • ·- • ~ "1L~- ."l. 

.:Mr: McP-I;lERSON ~h· P.reaid"en~ .:..;.; ~,; ... . .. J...J.v l -

- :.xhe.PRESI.l?ENT pro tempbreJ· -Tlie.Senato fromNewJ'ersey iaout 

of order. He can speak !mP ano~ 'Md-not:<Wei' :five.m!nut.e . J • 

lfr. Mc?FIE~SON :_ Do I.und~r'tt~~<lthat;tb?: Antb.?~:r rule is that a. ~te...ma.y uot-b ta.kent .. ..:J . ._ • • w •· _ • -.- ., ·· 

The-fRESIPENT p1·o t~inpor No sit ; bUt the knth<;>ny l'Ul~ i 

tlrateach Senator s~ll be entitle<l--to spealt· bat-onoe- and for five n.h:iutes only: ~-T~e Senator ha-s sP<>ken 4lre1l.dy." " . '> n . . :- ·r • Mr . . l\IoPHERSON -- I hbpe cy unanimolis eonsent ;r :may be per- mitted, to. say one.wor(l, furthe~ ~-:If ·it-is ~bjeoted to · by -any Senatol' 

I certainly do:nop wish·tO."'presif'thebiJi1... .:...~.., ·''· 1 l, ~-- ~· •• · • 

Mr. HOAR.' ._What~ is the-pen9-llg qn~tic:m,-:J\fu . ~resident t •. . The,PRESIDENT pro ~Oi·e. -= .On taking up th&. b{¥. ~·-l· . · . 1.1r. McPHERSON. I giVIe notic~, then, that immedia-t-ely after the c~nclusion of tll;_e pending bl1~ine8S, ;whieh isthe bill ~:r:et4y General 

Gra'Ilt;. .I hall ~k for t.he c:Pnsider.ation· .of:'this.l.Jill . . J • .i u .( J , - ·- _ 

.·Se-vara.l.SENATO:SS' . . G o.wWi-tli'-th'&Balendar. - ~.uJ. ... ~ l ~ .. ,_ 

The-PRESIDENT JJro ~p9i.·e. "" . .:Tho motion_is wit)ldra~. ;v :,: • 

0 JJI!:J....; ":! .:, ~ .... L.~~ .:J ,..j J,.......,~.L. .I .I' .;.;;,.~ J i .. -.V.i. '.~o.~ -~ ,.'"'"1l~ 

:_. 'I:l:,;,,_. ,:) .:!~?G 2.t...d J.. ,,,_:: ~ • • §.!.!>~! ~E~~ L1:Jll•- h:iu ~­

.:Xh:e-.;bilL (:-8. No. 296~ .fo:r:.the::relief ,of:,n- A. .. Sidney·Tebbs wa-scan- no:un.,ced aS.illrs:t.::in... .orde .on..; the ~alendar·, Q.nd the. Sena.te,-. a-s. in' 

Oommitliee of .the w;hole, proceeded-to cons-ider the bill.-, It proposes' 

to.<I"eJ.iav ' _ Dr. :A:J~idney, Tebbs -rof:Leesburgb, t-Virginia., from· the 

opemtil?n•loj'. soo~on. l218...of;:. .:th~--Revised . .St tntes of. tho United· States .. . '" ..J...,. ··:5"'"~-....J--!"~;J-..;7'-L-t:: .. _. J ... .;. =-- ;._,_ -J 
• 

1372 CONGRESSIONAL REOOR.D-SENATE. 

Mr. JACKSON. I should like to inquire why the Order of Business 

No. 28 is passed, being the bill (S. No. 111) for the relief of Albert H. 

Emery. 

Tbe PRESIDENT pro tempore. All prior to No. 51 on the Order of 

Business have been pas ed over without prejudice. The Chair pro- ceeds with the docket from No. 51, but any Senator can call up any 

of the bills which have been pa-ssed over w.ithout prejudice. 

l\Ir. JACKSON. If there is no objection I should like to call up 

the ca e. Mr. COCKRELL. That bill cannot pass in the morning hour. I 

object to it. 

The PRESIDENT pro tempore. Senate bill No. 296 is before the Sen- at e as in Committee of the Whole. 

Mr. McMILLAN. If there is a report accompanying that bill I 

want to have it read. 

The Acting Secretary read the following report, submitted by Mr. HAMP'l O~ January 11, 18 2: 

The Committee on Military Affairs, to whom was referred the bill for the relief of Dr. A. Sidney Tebbs, beg leave to report that Dr. Tebbs has been an applic:mt for ap110intment in the Army for several years past, but, by reason of the restriction containe<l in section 1218, Revised Statutes, against the appointment of person.~ 

who were in the confederate service, his application cannot be considered. It 

appears that he entered the confederate service as a private at the age of fifteen, 

and tllat. he is a native of Virginia. Your committee recommend the passage of the 

uill without aroemlment. 

Mr. McMILLAN. ·will the Senator reporting that case explain the 

matter to the Senate ' I do not know the merits of the case. Mr. HAMPTON. There is no further explanation than is contained 

in the report. This youn~ gentlem:m. made an application some years 

ago for appointment in tne Army, and he was debarred from the fact 

that he hacl been in the confederate service, which he entm·ed, as the 

report states, at the age of fifteen, and where he served as a private. 

He simply wants the restriction removed so that his application can be considered. The bill does not appoint him to anything, and I will 

say that this identical bill passed the Senate last year unanimously. 

Mr. INGALLS. May we have the section of the Revised Statutes 

read'? 

The Acting Secretary read as follows: 

SEc. 1218. No person who has served in any cap:wity in the military, naval, or civil service of the so-calle<l Confederate States, or of either of the States in insurrection <l1uing the late rebellion, shall be appointe« to any position in the Army of 

the United States. 

Mr. INGALLS. There may be a que tion whether that section of 

the statutes onght not to be repealed; but unless it·is repealed no bills like that upon the Calendar ought to be passed upon the attention of the Senate. Either all who are subject to the disability impo e<.l by this ection ought to be eligible, or none ought to be eligible. I understand there are no special reasons that can be m:ged in 

favor of the beneficiary of this bill that would not apply to many 

others who are similarly situated. I am opposed to decorating any one individnal, with the consent of Congress, for such favors. I should 

hope that the Committee on Military Affairs would consider the proprietyofrepealingthatsectionofthestatutes. Mypresentimpressions are that it would be wise and patriotic and statesmanlike to repeal it; 

but I am oppo ed, while that section stands, to making invidious distinctions and discriminations in favor of one person that is practically a recognition of disa.bility on the part of all others similarly situated. 

Mr. HAMPTON. I concur with the Senator ft·om Kansas, that 

there would be eminent propriety in repealing this section of the 

statutes, but at the same time I do not see why any one who applies 

to Congress to have his disabilities removed should not have a proper 

consideration by the Senate. · 1\fr. L.~GALLS. This is not an application for the removal of disabilities. 

:Ur. HAMPTON. Certainly it is. 

Mr. INGALLB. It is an application for a special recognition and 

for the conferrin~ of a particular favor by act of Congress in behalf 

of one individual that is refused to the rest. 

1\ir. HAJ.fPTON. It is simply this. He had made application for 

appointment as a surgeon, as I understand, in the Army of the United 

States. He has been debarred, from the fact that he was a private 

in tile confederate army. He asks now simply that this disability 

may he removed, this barto his application being considered. It does 

not give him the right of appointment; I do not know that he will 

get it; but it seems to me that under the circumstances there is no reason why this bill should not be acted upon favorably. 

.Mr. CONGER. Is there a report accompanying the billY 

The PRESIDENT pro tempo1·e. A short report, which has been read. 

It can be read again. 

The Acting Secretary again read the report. 

:Mr. CONGER. I understand that this young man left his home in 

New York of his own accord and went down to the Southern States withon~ even a pretense of following his State out ofthe Union. 

Mr. HAMPTON. \Ve cannot hear the Senator over here. 

1\lr. CONGER. If I remember this case, which has been considered 

in tile other branch of Congress, I understand that this young man left his home in New York and went to the South, not following his 

State, as ·it was often said one was bound to do by some rule, but he 

wcut amljoined the confederate army from the State of New York 

of lli t:~ own choice without any compulsion of any description. It is ono of ilic cases where he threw his fortunes and his services into the 

confederate army from a State in the North. Repenting Qf-that rash 

act and valorous effort Qfhis boyhood, he now wishes to go into the 

Army of the United States. I do not know from my recollection of 

the case anything in it that could appeal to me for removing the 

disability. 

Mr. HAMPTON. If the Senator will allow me a moment--

l\1r. VOORHEES. May I ask the Senator from Michigan a question, because I could not hear very distinctly what he said t Do I 

understand the Senator from l\Iichi&an to say that the party in q ues- tion had gone from the North into tne South t 

l\1r. CONGER. I say that that is my recollection, from some facts 

which I heard in connection with it at another time and in another 

branch of Congress; and if this is the same case that I refer to, and 

I should like to be advised in regard tct that, I should have very 

serious objection to making an exception in favor of this man. Mr. VOORHEES. I am not about to discuss the principle involved 

in this propo ed legislation, although I can support this bill becau e I think the e discriminations should be wiped out in one way or another; but I rose for the purpose of correcting the impression that 

the Senator from Michigan is laboring under, and I know he will be 

glad to have it corrected. I am informed on the very best authority 

that he is mistaken about this gentleman ever having been a citizen 

of the North. He was born and raised in Virginia. 

l\1r. HAMPTON. I was just about to call attention to the factThe PRESIDENT pro tempo1·e. Will the Senate give unanimous 

consent to the Senator from South Carolj.na to proceed T ["Go on l "] ~h·. HAMPTON. I rose silnply to ;1nswer the question. I know 

nothing about this gentleman except simply the statement contained 

in the report that he was a n:ttive of Vil:ginia and that he entered 

the confederate service at fifteen years of age. I do not think he baa ever lleen at the North. I have never seen the gentleman more than once or twice, but I think the Senator is mistaken in supposing this 

is the ca~ he refers to. 

l\1r. GARLAND. 1 agree fully with what the Senator from Kansa-s 

[Mr. INGALLS] said, if I understand him properly, that it was high 

time that the e discriminations should be removed from the statutebook. Something over a year ago there was a similar case presented 

from the State of Maryland in behalf of a young gentleman who e name I now forget. 

Mr. HOAR. James Monroe Heiskell. . Mr. GARLAND. Pending that bill I offered an amendment similar to the one I am going to propose to this bill, so as to let Mr. 

Heiskell and Mr. Tebbs and all other gentlemen in this condition 

have free acce s, if :tnybody chooses to appoint them, to these offices, 

that there shall be no bar, no obstruction in the way. I offer an amendment in the nature of a substitute, to strike out all after the 

enacting clau e and insert: 

That section 1218 of the Revised Statutes of the Unite<l States be, an<l the snmo is hereby, repealed. 

Mr. HAWLEY. I intended to say just awordinfavoroftheoriginal bill; but if this amendment is to be pressed I should desire its reference to the Military Committee for fall consideration, as that 

rai es an entirely di1ferent question. 

As to the party named in the bill, he was young, a mere boy of 

fifteen, when he entered the confederate service. I was perfectly 

willing in committee, and I am now, to remove any objection to his 

being employed as a surgeon in the Army, or even to his getting an appomtment. This bill does not recommend him for appointment; 

it does nothing but take this bar out of the way, and then if he c·an get the appointment he is quali.fi.ed. To that I am willino- to agree; 

but as for a bill covering the whole subject, that had better be referred 

for further consideration. ~1r. HOAR. Has the amendment been read from the desk T 

The PRESIDENT pro te-rnpm·e. Not yet. It will be rea-d. 

The ACTING SECRETARY. It is proposed to strike out all after the 

ena.cting clau e and insert : 

That section 1218 of the Revised Statutes of the United Stn.tes be, and the same is hereby, repealed. 

Mr. TELLER. I desire to make an objection to the further con· sideration of this bill. 

Mr. INGALLS. I suggest its reference to the .Military Committee. 

The PRESIDENT pro tempore. The Senator from Colorado objects 

to the further consideration of the bill. and it will go over. Mr. HAMPTON. The substitute, or the bill t 

1\h·. TELLER. The whole bill . Mr. LOGAN. Why not refer it to the committee f 

Mr. INGALLS. I suggest, as this substitute presents an entirely new question and one very important, that it ha-d better be referred 

to the Committee on Military Affairs. 

The PRESIDENT p1·o ternpm·e. The Senator from Kansa-s moves to 

refer the bill and amendment to the Committee on Military Affairs. 

The Chair will entertain the motion if there be no objection. The motion was agreed to. 

MILITARY BARRACKS AT SAVANNAH. 

The bill (S. No. 667) to authorize the Secret:try of War to sell the 

military barracks, and the lands upon which they are located, in the 

city of Savannah, Georgia, was considered as in Committee of the 

Whole. • Mr. McMILLAN. Is there a report accompanying the billf 
1882. CONGRESSIONAL RECORD-SENATE. 1373 

The PRESIDENT p1·o tempore. There is no report. 

Mr. McMILLAN. I should like to inquire whether the matter has 

been submitted to the \V ar Department and whether any opinion has 

been expressed f 

Mr. JONES, of Florida. This bill seems to deviate from a principle which has ever been observed in bills of this kind. I do not 

think that public property ought to be disposed of at the discretion 

of any man or officer. I do think there is but one way in which 

property oftbis kind can be properly disposed of, and that is atpubJic sale under such restrictions as Congress may think proper to impo e, because while one officer may guard the public interests in 

every way, you establish a precedent by which others may come in 

and claim the right to dispose of it at private sale. Under this bill 

this whole property can be disposed of in a private way, which con- travenes a principle that has ever governed the disposition of this 

kind of property. 

Mr. HAMPTON. In response to the question of the Senator from 

Minnesota, I will state that this bill was referred to the Committee on Military Affairs and we asked the Secretary of War and the General of the Army whether it was advisable to sell these barracks. 

Their answers are on file in the Senate; and I thought they would 

have been printed with the bill, recommending the sale. The Secretary of War a,nd the General of the Army said we bad no further use for Oglethorpe Barracks and recommended t,be sale, and in accord- ance with that the committee made a unanimous report in favor of 

the adoption of the bill. 

l\fr. McMJLLAN. Then the communications had better be read so that we can hear them. 

The PRESIDENT pro tempore. The communications are on file in 

the office, but have been sent for. They have not been printed. 

.Mr. PLUMB. I offer the following runendment, to come in at the 

close of the bill : 

Provided, That said property shall be appraised by a. bo:trd of Army officers, and 

shall not be sold at less than its appraised value. 

The rule, I believe, that has been applied usually in the sale of military reservations. especially where they are in old-settled portions 

of the country, and are supposed thereby to possess exceptional value, 

has been to have them appFaised under the direction of the Secretary 

of \Var by a board of Army officers, and not to have them sold at less 

than the appraised value, and I see no 1·eason why that rule should 

be departed from. 

l\fr. McMILLAN. I should like to have the communications from 

the officers read, that we may bear what they have said. 

The Acting Secretary read as follows: WAR DEPARTMENT, 

Washington Oity, January 16, 1882. 

SIR: ~ferring to my letter of the 9th instant, relative to the sale of Oglethorpe 

uaiTacks, Savannah, Georgia, M contemplated by Senate bill667, I have the honor to transmit herewith re~orts from the General of the Army and the Chief of Engi- neers containing their VIews UJ?On the subject. There seems t() be no objection to the passage of the bill. 

Besides the fact, reported by said officers, that the barracks are no longer needed 

for military purposes, a. farther reason why this pro~erty should be di posed of is 

that the control and care of the same causes considerable annoyance and some expense to the Department. 

Very respectfully, your obedient sen-ant, 

ROBERT T. LINCOLN, 

Ron. WADE HAlll'TON, 

Secretary of War. 

Of Committee on Milita1-y Affairs, U. S. Senate. 

HEADQUARTERS .ABli!Y OF THE UNITED STATES, 

Washington, D. 0., January 11, 1882. 

Sm: In answer to your inquiry as contained in the papers submitted with a copy 

of Senate bill No. 667, first session, Forty-seventh Congress, I have the honor to 1·eport that the barracks in the city of Savannah, Georgia, known n.s Oglethorpe 

barracks, are no longer required for military occupation, and therefore should be 

sold. 

I have the honor to be, your obedient servant. W. T. SHERMAN, General. 

Ron. R. T. LIKcotN, Secretary of War. 

OFFICE OF THE CHIEF OF ENGL'ffiEES, 

UNITED STATES .A.Rli!Y, 

Washington, D. C., January 13, 1882. 

SIR: In response to your indorsement upon a letter from Senator Wade Hampton, from the Committee on Military Affairs, dated the 9th instant, respecting tbe 

sale of Oglethorpe barracks, Savannah, Georgia, I have the honor to report that 

the barracks are not necessary for the purposes of this Department, and no rea-son is known rome why t.key should not be sold, as proposed in Senate bill No. 667, current session. 

Doubts have been expressed as to the right of the United States to sell tbe 

propertv, under its title from the city of Savannah. The opinion of the Judge-Ad- vocate General was obtained thereon, and a.lso the concurrent opinion of the Atrorney-General, tha.t the title to the property, as conveyed by deed from the city of Savannah to the United States, on the 5th of November, 1833, is a." fee simple without conditions." 

Senator HAM.PTOWS letter is returned herewith. 

Very respectfully, your obedient servant, 

H. G. WRIGHT, 

ChUif of Engineers, Brigadier and Brevet MQ{jor General. 

Hon. ROBEUT T. LL.,.COLN, Secretary of War. 

.Mr. BROWN. The Oglethorpe barracks in the city of Savannah are located almot>t in the very center of the city. The city is built 

up all around them. In case of a fire there the property would be 

subject to a great deal of damage, and as the Secretary of War, the 

Ge?J-eral of the .A.l·my, and the Chief Engineer all state that tbere is no 

further use for the barracks for military occupation, they certainly 

ought to be sold. It is a mere question, I apprehend, therefore, about 

the mode of sale. Having the fullest confidence in the Secretary of 

W:u, in introducing the bill I left the mode of sale to his discretion. 

I have no objection, however, to any amendment chan~ng the mode, 

if it is thought proper by the Senate not to leave tnat discretion 

with the Secretary of War; but I think that the amendment offered 

by the Senator from Kan as would not be probably judicious. .A. 

board of Army officers sent to Savannah to examine this property 

and fix a price on it would not be so well informed on that subject a people living in Savannah who know the value of real e tate in 

that city. 

Mr. INGALLS. What is the area of the property f 

Mr. BROWN. I am not able to inform the Senator, but it is probably half an ordinary square in the city. 

Mr. INGALLS. Is it very valuable Y 

Mr. BRO,VN. .A. valuable piece of property. I understand there 

is a company which would like to purchase it to put a large hotel on it. I would sugge t that instead of the amendment of the Senator 

from Kansa there be an amendment that the property be put up, 

after being advertised for a certain length of time, and sold to the 

highest bidder. 

1\fr. INGALLS. What is the probable value of it f 

Mr. BROWN. I am not able to answer. I should suppo e it was worth $40,000 or $50,000; but that is mere opinion, without being 

able myself to tell what is the value. I will state, however, that a board of Army officers might make a mistake, and put a value on it 

that it would not bring e1tber at public or private sale. It woulcl 

not be a proper precedent to follow in this case, if that has been the course. I have no objection, though, to a public sale, and! am perfectly 

willing to leave it to the Secretary of War to sell at public or private 

sale a he may think best for the interest of the United States. 

Mr. PLill1B. With the consent of the Senate, I will modifY my 

amendment so as to incorporate the words ''and shall be sold at 

public auction at not le s than the appraised value." I am not 

tenacious about this method of appraisement, but it is the usual one which has been enforced. While it may be true that citizens of 

Savannah ma,ypossess a better knowledge ofthe value of this property than Army officers, at the same time the Army officers may 

inquire of them, and it is incongruous to have the Secretary of War 

employ civilians for that purpose. If the property can ue sold at 

public sale, and at not less than its appraised value, certainly all 

the purposes of the Government in regard to realization from the 

sale will be accomplished. 

.Mr. BROWN. My objection to that is that a value may be pnt 

upon the property which it will be impossible to get at any public 

sale. It seems to me it is a fair mode of disposing of property to let 

there be, say, thirty days' advertisement in the newspapers, and then 

put it up; let the auctioneer cry it off and knock it down to the highest bidder. If you fix an arbitrary value that it cannot bring, then 

it stands as now for sale, and cannot be sold until there is a change 

in the value of the property or another act of Congress is pa sed. If we put it up at public sale we ought to do as all others do, permit it 

to be knockecl down to the highest bidder. 

.Mr. CONGER. I offer the following amendment to be added to 

the bill. 

The PRESIDENT pro tempore. There is an amendment pending 

offered by the Senator from Kansas, [Mr. PLUMB.] 

1\ir. CONGER. I will offer this as a substitute for the amendment 

of the Senator from Kansas : 

Provided, That this property shall be platted in accordance with the adjoining streets of the city, and the lots shall be appraised by a board of three Army officers 

and be sold at public auction at not less than the appraised value, under the direction of the Secretary of War. 

That has been the usual method of disposing of property within 

cities for a number of years past, so disposing of it that all shall have an opportunity to purchase a lot at public sale. It is better for the 

Government, and better for the citizens who may desire to purchase. 

It bas been done in many cases in other States within the last few 

years. 

The PRESIDENT pro temp01·e. The question is on the amendment 

of the Senator from .Michigan to the amendment of the Senator from 

Kansas. 

l\lr. PJ .. UMB. I have no objection to the detail of that amendment, nor to it as a substitute for my amendment, although I understand 

under the rule a substitute for an amendment cannot be offered. But 

the practical que tion is, which the Senator from Georgia can un- doubtedly answer, whether a survey prior to the sale is es ential or not. 

Mr. BROWN. Not at all. 

:Mr. PLUMB. !fit is not essential, of'Course itoughtnotto be or- dered; and if a survey is not essential the amendment of the Senator 

from l\!ichi9:an accomplishes the only purpose I intended. 

The PRESIDENT pro tempore. The hour of half past one ha~ been 

reached, and unless by unanimous consent further proceedings under 

the Anthony rule cannot be continued. 

Mr. 1\..NTHONY. Our poor Calendar has been crowded out every 

morning for the Ja~t week or ten days, and I ask the Senator who has 

charge of the bill which is the unfinished business Y. allovr the Calendar to run on until two o'clock under the rule. 

\ 
~··ooNGRESSION.AURECORD~.BENATE. FEBRUARY? .• 3, 

• - 1- )lr. BROWN ·)( tTJISt this-:bill.willibe;diaposed·of. ~ ''~> -;·Hhn~-~ which to form.a-rju,dgment except snch ·,aa-,he'·mi@.ttfe ei.~ . hr(ingh • • :1 1r, ,LOG AN-; ~ hl h v..e:not-the lighpest bjecti~n so thatrthe nf~tter . a; board ·of- appraise · . q-I· tltirik itr?Wolrld: ·be :depos1tingi Witl~ tlrc .Scc­

·, which·.is: the- speciahu:,der hall <lorhe-tip;_:..J!; .. r,.r .'f.'~.~~ n ; iT <>n t ·ret.ary of War ne~mer.ely a Y8ry' largepow~r; out.,. ip'oWerrhe· wf•nl<l 

• 1· Tbe.J>.RESIDENT ):wo 'tempore: flf there be, n,o ol)jeotion, .the pro- n.?t care to exercise. It would1_be !>~ ~ter ~ h~v~ nn ~Y. t·~ise~ent 

aeediugs\md~rtlieAnthon.;?;nllewlllnot-terminate until two o'clock.) by ~ boardofoffieers-~ ;..-w.·..-. r. d ,,,! .• • ~:-r:" f to .~.'1 (1 .'lf . 

. rr. :Mr:.rLOGAN.- While Lam upd-.desire-to say~ a ·woTd; 1 J!have kept r r.Th:e "PRESIDING -~OFFICER "(l.Ir-:!AN'I'HONJYtin the chi.nr; ::~' The 

' a 'Silent as pos ibla, beca-'use it is :Very ail,lloying1 tQ me. to -stand· up question. is on;tlie=·amembnent' of th(}' 8el)l1tor frpni f.Micrhigan ;to. the 'in myr condition: r.rlrurefetenoo t:d a- board of .appraisement,·I thlnk it ·amendment ·of -the Se:ilator-:fromiKarisas: J DoeS"· the•-8matOT::i:rom 

·iB p~op r that'it .sho_uld berdo~e;.rafi~~ w~lLsay· on th~ ?ene~t:-of tlie K~sas aCQflpt t?e." modifi<;amorn:>"''"1'r ... ,:r .r:-.r.'> i•<~i.i ~;i·t~c~ ·c''l"{u·r. 

Se;n:atorfrom Georg1a.,·.whti thinks.· ~tJ no_t ,nec s.:'a.ry, t~at s~me1 -·~· :Mr. ·.PLUMB.• l do:"'lot· ... ,.,~ r; /') "r. ;:..r;r .~r;,~l·e~·f _r!'J:· ~ 1' !,rr;~ ~[ . Jt 

.timesoacursthatwhexetheGovernmen.t-,.,-fornearlyf},ve.r:ybodyvthillks .r The PRESIDINGOFFICER:~-r. IT1mquootion:;t1ien,1Bon the:amendit is all right to take anything the Government has; I do.not peak ;llient to-:. he aan.endnient.:r 7_.d ;tr;..;.f):J':'<;;"''i on,· IH.Ir~.:l'·' 1.o-;: .·y,r ..,._,i ,. 

Of this instance-; 'UUt-,genei'aliy -speakfug~ha.s','no J\pprai.Beffient :the -~: fl'he' amen.dinent:' to f.h ameb:diilent.•W Tejebted ft "r! t I::r!r:f') f'•t> • 

. property of the .Governinent goes.for-almost•nothiug.-r Thei·a· i no -rrn'l'h:e:P.RESIDINS·,Q~EICER. ~questionn .. ~curlf q. th fam.eriddisposition on the part of .petson.S appoint d to appraise-,sueli ptop- me:Iit o:ffffi:ed }?y :the Senatorftom ~nsa.S.t-r. d sf•ri')rr:q £ -,,_.,,.,.,r:~· 

erty to put too high a price bn it. r.LW~re- the- Goveru.ni.ent ihas.:.the Mr. BROWN. I accept that amendment. We wilhl,oth~ bestiWe 

right to, elUmd desire~ ;t~ se)l,_ it is n,o PJir~ii::m~:u: ~dvantage to .:t~e c~il with-it~ · .-{ 1..-. .,, :;~- n 1 ':t,_r ·~':•e1 1 :;~ I'l . -?-_1;-'T""!lU.H :ul 

Goverm:nent'to get a higher;junce :tha ,the·1thiug J.J~ .worth.•L It does 1 The·HRESIDL.'{G-.OFEICER:J ~lie. question-m the. amerrdmeht. 

notenrich.the Govetnment1 b-ut-itdoes·'p_re¥elit combinations from ,r 'l'he' amendnlei:rbwasagreediJO. r, _d.,r- !•71 r,.;~ ~>-ri;;'f .. -~diirJI t'o 

, getting rop~r~ for a.lntost:n~thing." d do.not't_hink it :woul~ inter- _./The :bil}- was repo~d to:-th~ ~en~te _ a~eri<led sm'd tne ·.a~endfere a1l all w1.th the"sn.le thls-·propertyJto have: snch ~ board ' UP"' ment was ooneurred.m:: ~; ~. u:.~ :.;L- m •.{r r.' 'HI: ,..,..::;7'~, s ·n,rll 

pointed, and I think it a very proper thing. Ithink it always onght ~~·ThEJ bill wa -orderedt be-·engros·ea· foifa:'thiTd r. dcli;ng; 'read tlie 

to be the rule in the sale of all Go.venimeilt property!: Ahy.landin a third 'time,r·an'd.pa.sse'd • 7IT"TA9';t1" fq·.rr•;.!.) '),1::- J,r::;. n .r1n ·r:;r;· 

State belonging·to the Government tha.t is_ to be dispused Qf ougb.t to J-r,) .· ~ .;i: J~-•-; .~~ .• ., -~-··_:w-Aif:aE..~ 'J liiT iiELJi :>r.uJd ~-~·l';;i,oi~O '1• ·, 

~e appra~sle.d,::d:th~~l~el~yttheS:GQv:ei'nmh .n.t ~thbatl ~l_)pr~se~en~ .• 'I!tfn'~~t bil oU: he iii~rui;;#7l t:h bil)/{ !N;Lt. 1Jci{±rc1t!Hie}el;'ef ·lS not pau_..- ~ . . prope':UJ .a · av~nna. 1s. va.(ua._ e prope~uJl ~s . :( W Mit h 11 . _ . .. ~' -._ 1 ~~ ~ n.• · ,'f 

doubtless-It 1 '~fair appraJ.Sem~.n..t Wlll gH·e .l. ~ faiT Ba~e, al!-q-JPer- ·H. M ardil.rnRb:3 ~ l'vr·, I! r ,-·ur T~ . =""''h, J JTJ, ::l{o:•.I·J. t 

?ns ~no ":ant-1~ a)l p~~ase ~~ Vill~t~ertr >yill b.e no d~p?sition to . it b:·pa,ssed ove-;r;.~ ~ ... , s~on~I: , ~ .. 1_1::!~;. Y.~?~ . e ·;: :.,, ~ ·O'lV6JJt· an unfair -appTal86lllent~ .. -' . 0 I h?~. ~he Sena~e wll~ adopt . T}l r;RESW,mG'QFF CER ~ Tli b:ill; "·u :if ~ tfl I a . q _,tf L. 

- ither .the-amendment. or. the suba,t.ttute, ·it IS unmatenal:which;- be- M HOAR r ''tb .• Ari.th .. · ;

4 e t1n m · .f efi~t>a~ · ~;y~~ ~ .,. c.anse one-is about as bro~ as :th~ ~the:t:.?~ I .think ;that is the -proper - l~,~· PRESiDINsG -.::rt J>E,nRy t ~ .. W,t'lqp~:ra ~1!-1 ST ·. :• 1. th · t be d€>ne · r ~ • • • • - • · c x x v . 1s nn 1 two o. c oe-~'-,., , mo ~· x- mg o ·" "1•. • 1r,-r·• .• 1 .' ·r.

1 r .:·_;• . ; ' .' ' 1 ' · tended by unani"Jlous consent. · •• · .. · - ' . : ~Ir.JONF?~' ofFlond~. 'Themam ObJec.tm ... all dispo rtl o~s of:p~b- '':Mr. HOAR · lll.'op·et:he War :rt u:tciheU c?ls"--w:iii~':_' ·· T'iui~~ '' uld lie property 1s.to secure..·,to the.Government the best posSible pnce t 1J d' d f. t'h' .i)' · -'-';P; .b ' ·d· ' !il -a_ · f P~l.. 'L',S .P · t 

• ~a~ it }Vi~ ~r:ing. ~ ~eJ;~ a p:r:operty ~s _e~teusive~ lying .within .the ~~tho~t ~~fJ: to~ t;~ fodf.blrh~· c:I~n~i:~~~ri~e .· ~n!t~·t :ia~3 lim.J...ts.o~a mty, l.h~ve- knowJ1.J:.t~~eili~dedup~nto smal~p~rcel~ forconsidera-tion ·to-mOTrowmo:r·'· a.. ·t, · !)~~') 9~:), J.:rn ... r· ':·:• 

a.s proVIded·fpr -by: .the a~endment Of the. Sena-to:r from Michigan, Hl}fr HEC~ · 'I-p efe th t • • · t~o, · 1h '\fi 't .!i ~ ·"if· ·f·o - ·· • · but I have known·.p-r6pe:J:1,y.to b.e sold without suc4 a survey .. This .. th. -the· b ' hr .

8 _t: !..t a 'lst·..!:..,_,a, , w,.et t ak ~lbi ~~ob'd if~t hnoeld~~t'Y . ,, . tt f'>~' " t' . 'th th di . . If 't. thfmah4! or . e q r Y. ~ e en"" e. wl.ll n a e no-,.., ... S.l s Is a1.1; ama e~o ...... ~~~r.e ~nWI e . sposmg~o.w ·. 1 .I . ~::.~~~ ,. riace to-morro riiorriin~ it'·Wi.ll:'De bettet'." · r-: <;:- _.,; .;; '· · : '; •. · - th6 propocty.will brmg large~sumto th.e Go:v. ernment bydivuli.Iig :V,.,...h· ... PR.Esm-n..~G OF~CER -;_,..An 'd · ,. ;~ •" ··,-~ · ·· .. :. · 't • to ll 1 ~~ · 1 'ts bdi . . . t th . d f ~ o .u, l''l . a ver o repor 1S ,regarup as l m sma patcessqasiJUtpacei su. VlSionsa e.comm.an o b' t · ·"•''·u[• .. r,;-: 1,.,,, people of·smalllll.e3!ns,:it·m,ay.be w.ise to.<adoptthail amendment~ .. Jf . =:t'~~-?INec G

10f!'.;..L8 ;. 1 ~ ·1, '.: t. h.· · ·-....:t 'to' ;- .·'"t .... . t.li' t'·b"rn' .l -'t' b · · th ht · ·..,.; f<-:t •t t' d "-h · ~ 1-.~ch 't .au. ..t:U.... • ~ee <JJU Or:I.Zou, say a~ :). wnno e lt IS . ong ' .m n _..e,w .0 ~ s l; ua lOll an . "" e. pnrpo es ~or, W.l.ll l ' di d of' 'n"th'. . ~ a-"· h ~. r ·if· 't ~ 'f ,, ' i ' i ,, ... vd, t)u th I canbeemployed,thatitwillbringasrounda umifbou.ghtentirely spose . ~ emornm., !JU .• ~ J.Ssenousy p~es~e,tJ _J ose 

b . . d' 'd al riti ·sold.'n 'bulk r Jnd~ed I think in.ma.ny.cases who have l~.lll ~h~ge. I hope~t may not'bealldwed to stand Oil the 

tle~~jili~~; nti..gh1i opei-at.e to d~~xeciaJ.e the yalne of the 1prop- <? ~n~~~ ~al~ung~rs~c1J:g· K will 11 t k 

-erty. :person desiring[ a Iurge [~roperty :for _· h~~l, as sngg~s~.ed sug~~siion '' thai bill ~vat~:~~~rs~ltre~~;:!d . ~ ~et ~ ~a 6 a by·:rny friend from1Geo gul. n vould not w.aht fu -go ·mto eompetition ... 1\p ·· wa~ T,. tJ • l ' ·· " · · · · 1: ,n1. ~ ..,. _ .... • "~ -~ .. ')r.- • 

with e~ery little biddeJ: Wh.O Jiliu'ht 'f~llt tb.irlyr;feet to erect,a CaU\ll l-;:,t 1Uf, ~l ll:U..JJ...;J<). , • .under and. IJ..ll,j:llv: t :-o•r; .. l~ v; r"tl.fl; ~'•- f ~~' 'r'''T'• 

,, ""his, - · tt 1 fd t u,· h. hJ - · the S - t · ~Ir. HOAR. So that there.cannotue'iiechnieaJ.iy·anybody havrng n.po~"- _ . .IS a m~re:: .. ~ . .a: ro:- 0 -,_ e a , 1w. IC suppose . ena or it in charO'e in the' otd.i:llary· seilse.r. My own:-~ifu.J>ressio~ is-that on ~~ Geo~I~ o'ng~t: ~~· be. ~etter,. ab_le t .9udge of· .than any. on~ el~e 1'fiadincrthe'a .. erse ;repoit oPtfie:seilatotfrotrlTeh:n,essee'tM:r.·J ·A···cK- 7tn Niew.q£hisfruruliari:ty·WJth tae.tutuation.of.th property: , 1 .. 1 ..•• ; o ' 1, .'t •.• •, • I .tl .• .,~ ,, · " .:.1. • ' .. · • • ~ ·s r-- ~fr; BR.OWN~ j, simply want _po. say th~t I ;h.ave .no -doubt this ~ON,].whic.u_.Is ~ ve:ry dea-~ and aole .o.ne,..-.u .. -w¥1 !SO S~I!re the.. e~ate property will bring a highe~ p.ti~ pjd· a~ ·a whole. th~n.it will if it is that they will be able to dispose_ of th~, b1!J without 1

long d~~a. . ·· ·t · · · to small lots ~ I: -think; the, onlv prospect of a.Jiljeral price is ~1r_. o/,<;ULLS. ~~e, Supreme- Coru::t _have :ifa,ssed onltlle case, and <:ll up m • · . -:> "'h 1 . d 'f . . ;.11 this IS an attempt id reverse that decision. fro~ t~e company that d~srre to_ erect a ote U£.~D: ~~! ~~ ~ s~~ The PRESIDING OFFICER. The bill has been a,ssed -over; , lqf,,.LS bid ofi.' )y ~m:n(} ·.one .else t}iey. wo~d ~~n. cease. to .bid•aiii! 1t _ .. _,. .-J . . . 1 . ··;;i~~- 1 , , P -

1 ,. ~·· 1 () 

would all have ip.J;le: ol(l J.Jt:B1nalllot , nlt·lBm;tportiono_fthe mty, 1rrARY E. Al\IBRESTER. · 

in ~l;Le resid~c~ p:u:t; ~heye it>will'not br~ng:-a mu.ch smal1~o~ ~ Th~ P,e4t ,bi,P. qn Fhe C~en~a!:" !Va~ th~t)?iJ.I (8. ~o. 144) gr~ting a as 1t would 1f It was m t~e part ~f ther.<uty,where eto1es and bus~- p~nSI!>n .... tQ \(~ry :E.. Ambr$t& j which was. conSidered as ~ Com-

~es~ hOlJ.S~ ~e. ~, ~ ~n tJXe~y ~a~sfi~4_ ~h~~ >ye,.sqal) g_e~ less for It mi~eEH>f<.th~. Whol~~ ·I lt pro~~~ .:t;o~h p~~g o-n 1 tha- ~~;nsJ,on.-:roll, 

if.~ur:veyed~nq..so!d sm&l}cJ.ot!t. ·~ ~~!o!~; pref~ t~t t~e ~en- subJe~t t.o th.6 proVlSl'ons rand -limtfiati~ns .of _:th~ pen~1o~ 'laws, · he ~to'\ froni· Mich~ga.n sho-nld"not 1>ress his a~e.I}dment . .r: IJ1ay~ ~o ob- n3¥1e :of·Mary· ;E. Ambre~r ·:'!i<l o:V~ Of, J"~wm.~ 'Ajrib:fe,sJ.er; t ~a~e ·.a Je ~twn t~ _the a~en~ent ?fthe_Senator_ fro.riiK~n ~sifliewlll~altE1 private in Corripany'"G/ First Maryland b:i:fanfty'VoH1i':it s. •J ~ · 

, ~~:addi~on-;to .1t ;if'the-o~e~ appra1 1~ ~t;a htg~er pr~ce than The bill was reported .t9 j;he S.enate. wit)lorrt •. amendment,.- mdered 1~ w1~ brmg:.after 'l?el?g ad -yerlme_d for;- pn:blic.sale .after .berng·held to . be engrossed.f(}r a thlrd reading, _read the thlrd time ~d passed. tor.twelve·.montlis J.t.shallilie-·:agalfufldvertised ·and ·offered fQ~ sale; .. to '•o •.-. ~.\>.Y>'"' .z:-c)v;, 1. .n. :;•·1· 

otherwise itmiaj n;eve1r f>e·soldrnpa:rtie:said not on tl:Ie dayrof sale . JOHN~· LOGAN. . offer a8much·aa,it was ppEal.S'ed'at." should like to have-it ·oold ~h~ ;n~xt, Pill. on th~ Calan~ was the bill (S. No. 201) for the 

and see if any one would bid as much as the amount at whi.ch ,the reliefof .'JohnS. -:Logan. . . . . Arniy officenl.majf'appraise theproperty.;·, .. , ·1 ...;:.• {': J~'l '>~tT -' The PRESIDING,OFFICER. This bill IS reported adversel~·· It 

nT .U']I,(B " """--· nl I . t ·' b t""h .. , _ . + :h ·.- •willbe'fl'assedover:·1y;JJJ!. ll··r-r_JT•I"I';-· ,>O!Jlf•/fll ·-···J ·•·l·J,J•. · Mr:> LLJ , ~uoQ yrpOID 13. OU ' " e appraiS6ID8ll11..W 8llt'JOU: ,11 u:r!o· f ,l\-,l• 1 . , 'lrt;l Alt Vi_~.---~ )i.J,; !t, ;••t.llr:nl>-l'lrflniO·r U•' 

have a public s~e~ tha:t i~;(lrevel!-ts ~hepossibi!!ty of co~binatio~s, .J- , , -. ,;- 1 ·r 1 -,,1 '~ r. ·? q ~~ ~-+.t.~ """",;"! /! 'l<;-:r./1.~".1-:f• lr. ."r'; . whareby.the Government m1ght be"t<itally.at.the:mercy oflocaltnd- · ·· The· bill (S. No...-.:354} for the relief of. Mrs -Car~liil~ Mott ad.rrlini -

1 ders. ·IT he Sena-ton front Goorgiarhas rintiinated b.i:htself as·mu'tlh by lratri.Xb'ftbe 'estate Of Danford ':M tt; 1as0clu:iSideted' a~ ii1:1 C"p,tfi~itsayingthat,probahlylrlO" ()ner;ex:cep-t. a ;certain <iompah w6uld o~e te~ of ~hq W.ht>lf! .. at prov) ~~ ..f:qr PaYlllent ,,1;Q ~l.rs. ~.Ci:roline 

. to purch.aswthe prope:r:ty ·;JT ,;:;: ··~·r If 1i 1b . 1i !· .; • •• • p ·.·• · • •· ., 1 1 Mott;, .administratrix of the esta4ie ·of.;I:>anford· Mott,-.lat~ of .Alburg h., · lfr.r JONEB, 'Of Florida;~(,i·Permit me-:to :lsk a ·questiou. I tl'lr<L!r.h 1 •Verindnt, dece~ :t,707.'9'2,..,be'ing th-e·· a.nlolint•follllci·"due 'arnd~' alMr. PLIDIB. Yes, ~i;· . . _ . .'~r' ; ~o~e~ tQ·· :qanf~d }foW P.:t· tus<. life~!fu ;y, t4~·'P9\f .'.C~agii ,· ~ r Mr. JONES, ofFlorma. Would It not. accomplish the ame pur- expenses mcurred ,m defen~g a SUit brought agaUts b.ini £01: ac .s - pose if the secretary-.of,Wa-r We.Te lgiven authority w reject' all1

bids done as an officer of the United-Stat-e .1 ,.. ' ~ .,j ,! ,· ''I ' I 1 l,;u I' 

' by: which, in his.judgment;:.·a .fair prioe-1wa&. notj offered,f• 'Chat is Mr. COCKR,ELL. Let the report be"reatl:: • .. t.l'rr·t-.·. 1 ·• ,.,.., 

sometimes done instead of an appraisement.' ;·, •P . • "" o •·• • ., ~~- 1 , The P.aE~IIUNG OF~.ICER . . The .report;w,'ll be r ead. . lir .. BROWN.1 · I .have·illo ,objection·to:that. · T ,, 11 J',_ ,,. -. ,., 1 · The Actiri.g Secretary read th~ folloWing re.P.ort s b;:tllt ed by Mr. • •. )fr.JON.ES, of.Florida.. iritis ;well to-guard the·- right.Softlie:imblic CAliiERO~J of Wisconsin, Jaimary·l1' 188~: ·'· ': · · · , i ' ' • 

by ~orne provision of ~hat_ ~d rr Sometimes: ~tds. proyide~· b~ ap- :·: '.l;'h!3 C'<n~,m1ttee o~ Claims ~· '!~?ni ~~ f'erl:ed tb J ill '($.'l{o.'.,. l.i4) f'b~ the pratseme11t .and sometim.eS i:t.1s deft t.o th6 head .of· the- Department relie! of llis. ·catoline 'Mott, lJ:dmiriiStratr~ o'f the estate t''Dap.ford •.Mott, ha,·o . 'Wlthin "WllO jllri8d.iction;the.property·tiestOT8jeot·all bidS ifin_ his COllS~dered thiHI&mWandSUbmltthefollowmgT~port therOOn! f. r; ·, Ji '<,:· 

"ndo:m.ent the--nroperty ha.s'llot•brourrlit a 'fair·price· ,.-j 10 ., .·r • ..: 1i Da.nfordMot;t.., ~e~~band of;lli~ P:t:6l*!n~ claj.tnant, ~the deputsteol}ector of 

b · r . . o . _ " . "• , .. C? tom.~; for the, rustrictof :V:e~nt~m .• th~ 7th..of ovembei) 1_838, ·anc,i Hlf. ~me Mr. PL UllB. But-the Seoretary-of.J War would have no b:uns::<>n time prior and auba0qnenHh tllto•· On tbe day'J.a.st 'llamcd alid prior to ha time 
·882r --,..,-,...,--r';f • L.. J n.d .• 'l. ,.. <T.315 
. 

, 

1376 CONGRESSIONAL RECORD-SENATE. FEBRUAHY 23, 

employed as a clerk by any Indian trader, except sue..,. q,s trade with said five civilized tribes, unless first licensed so to do by the Commissioner of Indian Affairs, 

under and in conformity to regulations to be established by the Secretary of the 

Interior. 

The amendment was agreed to. 

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

The bill was ordered to be engrossed for a third reading, read the 

third time, and pa sed. 

1\Ir. DAWES. The title ought to be amended by the addition of the 

words ''in relation to Indian traders." I move that amendment. 

The amendment was agreed to. 

ULYSSES S. GRA...~T. 

The PRESIDING OFFICER. The hour of two o'clock havincr ar- rived, to which the morning hour was extended, it becomes the duty 

of the Chair to call up the special order, which is the unfinished business, being Senate bill No. 59. 

The Senate, a in Committee of the Whole, resumed the consideration of the bill (S. No. 59) to place ffiy e S. Grant, late General 

and ex-President of the United States, upon the retired list of the 

Army, the question being on the amendment reported by the Committee on Military Affairs. 

Mr. BAYARD. As that bill is short I ask that its text be read. 

The PRESIDENT pro ternpm·e. The bill will be read. 

The Acting Secretary read the bill. 

:Mr. BAYARD. By way of amendment I offer the following: I move to strike out all after the enacting clause and insert what I end to the Chair. 

The PRESIDEl\T'J' p1·o tempo1·e. There is an amendmentofthe com- mittee which must be disposed of before the amendment of the Senator from Delaware, which is to strike out allaftertheenactin~ clan e and insert. After the bill is perfected that amendment W1ll be in 

order. Mr. INGALLS. Let it be read for information. 

Mr. BAYARD. Perhaps the Senate had better pass on theamend- meut reported by the committee. 

1\Ir. LOGAN. Let the amendment of the committee be passed upon. 

Mr. BAYARD. Verywell. 

The PRESIDENT pro tempo1·e. The amendment of the Senator 

from Delaware will be read for information. 

The ACTING SECRETARY. It is propo ed to strike out all after the enacting clause and insert : 

That hereafter there shall be paid to every Pre.~ident of the United States who shall have served or may hereafter serve in said office, and who shall have retired 

from the same, a sum annually during his life equal to one-quarter part of the an- nua-l salary paid him while in said office: Provided, however, That said sum shall not be paid to any P1·esident while holding said office by any re-election thereto. 

The PRESIDENT pro tempore. The pending committee amendment 

will be read. 

The ACTL~G SECRETARY. At the end of the bill the Committee on )luit.ary Affairs propose to add : 

Grade of General, to be placed on the retired list with pay accordingly. All 

Jaws or parts of laws in conflict herewith are suspended for this purpose only. 

The amendment wa-s agreed to. 

The PRESIDENT pro temp01·e. The Senator from Delaware now moves an amendment to strike out all after the enacting clause and 

in ert what will be read. 

The Acting Secretru:y read the words proposed to be inserted, as follows: 

That hereafter there shall be paid to every President of the United States who 

Rhall have served or may hereafter serve in said oflice, and who shall have retired 

from the same1 a sum annually durin~ his life equal to one.quarter part of the an- nual salary pa1d him while in said office: Provided, however, That said sum shall not be paid to any President while holding said office by any re-election thereto. 

Mr. BAYARD. Mr. President, this bill upon its face presents that 

which it would seem ungracious for any American to oppose. It seems to me now that there is no need for additional recognition of 

the eminent military services of General Grant. They are already 

recognized, not denied, but everywhere accepted, approved by the 

American people. Still I am not disposed to interpose objections to 

further demonstrations of respect, honorable to their recipient, en- tirely so to those who offer them; but this is a law-making body. 

This bill proposes in its terms to suspend "for this purpose only" a general law of the United States. Now, what is that law f As early as 1861 the policy was adopted of allowing officers of the Army who 

had served well and faithfully for a long time, who had been disabled 

lly w01mds or disease, from active service to be provided with an honorable and fairly remunerative retirement. It was a wise, benefi- cent act. It has been followed by amendment . It was intended 

for a cla ·s of military officers and for that class only-officers in the 

.Army of the United States and none others. By section 1258 of the 

Revised Statutes the number of these beneficiaries honorallly to be 

retired is limited to three hundred. I understand that since the enactment of that law another hundred has been added to the list by some amendment to an appropriation bill which has not as yet found 

its way into the reprint of the Revised Statutes. So that there is now a maximum of four hundred officers of the Army who may l.le 

upon this list, although by the terms of the law " any less number 

to ~e allowed thereon may be fixed by the Presid'3nt at his discretion." . This general law for the retirement of officers who have seen long 

service or have been disabled, not only is a relief to them, but it is a 

relief for their juniors in rank and service who in a time of profound 

peace have but two avenues by which they are to escape from a prolonged and painful retention in their former rank. The death of a superior officer will create a vacancy; the placing of a superior offi- cer upon the retired list will create a vacancy, for ection 1257 provides: 

When any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, according to the established rules of 

the service; and the same rule of promotion shall be applied, successively, to the 

vacancies consequent upon such retirement. 

Therefore two benefits are accompli hed by placing an officer upon 

the retired list. He enjoys the repose that long and faithful service 

has won for him, and his junior in rank has a way opened to his legal 

and regular advancement "according to the establishedrulesofthe 

service." Now it is proposed by an instance of especial personal 

favor to invade those rules, to place in the way of just promotion one more ob~tacle taken from civil life for this purpose. As I said 

lleforeMr. LOGAN. Will the Senator allow me f 

Mr. BAYARD. Pardon me. Let me state my own ca e, and then! 

will hear my friend with great pleasure. 

Mr. LOGAN. I do not want to discuss it at all. 

Mr. BAYARD. I am taking the text of the law and discus ing it. 

I do not propose to argue this case upon the question of personal merit. 

I would be second to none in a fair and generous acknowledgment 

of all that is due to the eminent individual named in this bill. Be 

needs from me no praise. He has it to-day in abundance unquestioned and I doubt not thoroughly d6 erved. But I do deny the justice or the wi e policy of invading the well-established rules of the 

service and bringing from civil life any individual, however distinguished, at the co t of many other members of the military service 

who in ob curity from the public observation but not the le sin faithful and dutiful endeavor of their duty are performing and have performed well and steadily their duty during all the time the proposed 

recipient of this pecial favor has been enjoying other honors ancl 

profits and the ease and emoluments of civil life and leisurely and 

luxurious amusement. 

I hold in my band a letter, received by me the other day from an officer of the United States Army on the frontier. His is but one case and I will read his own statement: 

I was appointed to West Point in 1855. I graduated in 1860 (the course was then five years.) I was appointed a brevet second lieutenant in the Fourth In- fantry, and the next year p110moted to the Eighth Infantry. I was appointed a captain in .Ttrne, 18M, since which time I have been in that rank, seventeen years and sevr.n nwnths; there are at present twenty-nine captain on the list above me, two captains only were promoted to maJorities last year. At that rate of promotion 

I would not be a major tor fourteen years. 

That is seventeen and fourteen-nearly thirty-two yt}ars for this officer in the grade of captain. 

I would state that I was in the field during the entire late war, I was wounded 

twice and three times brevetted for gallantry in action, as the records of the War 

Department will show. Since tbe war I have served on the fronti er, most of the 

time in command of posts. When I left Arizona three years a~? with my regiment I was in command of Fort Apache, (the scene of the recent Inaian difficulties,) the 

largest post in the Department of Arizona, (a lieutenant-colonel's command,) and 

¥ w~~e c~n~~~~h~~fte~~s ib~o:a ~~ i:~~: fu!\\h!: ~;: ~J>rh=lr~a and five captains of infantry who have served over fifteen years as captains. 

That is enough. He refers to other cases. In the bill before us is a proposition to put one other and obstructive step between that man and his very slow and well-deserved promotion. 

:Mr. LOGAN. Will the Senator right there allow me to ask him a question T 

1\fr. BAYARD. Yes, though I would rather get through my own statement of the case first. 

Mr. LOGAN. I do not wish to interrupt the argument of the Senator, but I desire to know what he means by this being something 

between this man and promotion T I want to understand what the 

Senator means by that. 

1\fr. BAYARD. I mean to say this, that if the retired list be filled 

either by the decision of the P:resident or by reaching the maximum 

prescribed by law, there can be no promotion except for vacancies 

caused bv death. 

1\fr. L6GAN. The Senator certainly ou~ht to understand that there 

is no such thing as promotion on the retued list. The promotion is on the active li6t. 

:Mr. BAYARD. IdonotruisunderstandmyselfortheSenatoreither; 

but I am aware of this: that whenever an officer is placed on the 

1·etirecl list the opportunity for promotion occurs upon the regular 

and active list of the Army. He is retired from active service an<l 

there is a rise in the grade so much. Each man put on the retiretl 

list gives the man below him on the active list a step in rank. 

Mr. LOGAN. I will only say that the passage of this bill will not 

affect the retired list; it will not reduce it a particle. This bill provides that all laws which would prohibit this are repealed for thi 

express purpose; it does not add to or take from the retired list at 

all. This is a special act providin~ for a repeal for this purpose ; so that it does not affect the retired list. 

1\fr. BAYARD. Then all I say is this act will not go into effect. 

There is but one retired lisi. What is that f The list 'known to the 

law. Of what does it consist 'f Of a certain number of officers and no more. Now I say if you fill that list by appointments from civil 
1882. CONGRESSIONAL RECORD-SENATE. 1377 

life, you do stop the most probable avenue for promotion of officers now on the active list who may be under the rank of the officer re- tired. You can have but so many on it. Therefore you do just to 

that extent prevent the advancement of men of a lower rank than 

the officer whom you choose to put on the retired list. If you fill the 

list with persons from civil life, you will cut off the most rapid method 

of promotion known to our present law, as I understand thefacts to 

be. 

But, Mr. President, that is a question affecting the policy of this 

special act, which I think a work of injustice. It.is special legislation; it is an invasion of established and general law; it is an act of 

favoritism; it is destroying that equality which is equity in the advancement of men by promoting them by seniority of service; and 

for that reason I think it is objectionable. But now I will state to 

the Senate why I have offered a substitute. 

Long before this bill was introduced by the Senator from Illinois, 

it is well known to the country that propositions were made to relieve 

the supposed pecuniary necessities of the distinguished citizen •to 

whom this special bill relates, by individual and voluntary subscription. Some of his friends did me the honor and favor to ask my 

judgment upon that subject. I gave my opinion frankly, and because 

it was asked, and said that I should prefer as an American, and I 

could not doubt that the individual in question would himself personally prefer, that any emolument which reached him should be 

devoid of the slightest sug~estion of personal beneficence or gratuity, 

that therefore there shoUld be in a regular and befitting manner decent and proper provision made to prevent any inconvenience to an individual to whom the public had incurred so great a debt, and 

that I, for one, was willing to frame and bring into the Senate and 

support by my vote and by my speech, a bill that should give to any man who had held the office of Chief Magistrate of the American 

people, such a retiring pension during his life as should secure to him 

that pecuniary income essential to personal independence. I 'not 

only considered it a matter of justice to the individual, of fair return 

to him, but I consideredit then anddo now as amatterofprotection 

to the American people. Anything that t-ends to give a man exe- cuting the high trust of public power, pecuniary independence which means so much of independence of every nature, is certainly to be 

desired. He holds the balance of ~reat power in his hands; he con- stitutes in his own person and Within his sole discretion an independent branch of this Government. His powers are great indeed. 

They may often be required to be exercised in the face of fierce and 

violent opposition, of adverse and unjust criticism, in the face of misunderstanding and, possibly, may subject him to temporary obloquy 

most painful and most unjust and which may not pass away until 

long after he has been removed from this scene of action. Therefore 

it is that I would not wisla to see any man who has held and fearlessly exercised such power compelled to ~o back into the personal 

struggles of daily life and compete for his livelihood among the great mass of his fellow-citizens. It may be that the very integrity and 

independence of his course may have led him to court the disfavor 

of power, of wealth, of those who control the gifts of society, and I 

would, if it were in my power, place him beyond the reach of the 

displeasure of any man or any party in this country. 

Nay, sir, there is something further. Eminence in political station 

brings with it many disadvantages. Its very social attraction com- pels a pecuniary expenditure whlch many men are unable to meet. 

l do not propose indelicately to examine or to refer to the individual 

condition of the various citizens who have reached this high station or none of those who could at present be affected by it. I only know 

that in the past we have had some very sad illustrations of men re- tiring from the Presidency to die in pecuniary embarrassment and 

insolvency. The very honor and honesty and rigid performance of 

their great duties, the very fact that they were debarred from those 

opportunities of personal gain left free to almost every other citizen, 

had kept them poor, and their poverty was a badge of honor to them. 

But it behooves the American people if they would rescue republics 

from that proverbial stigma of ingratitude which they do so easily, 

and which, in my judgment, they would be wise to do, they will see to it that while he lives any man who has served them with clean 

hands in this high office shall not be exposed to inconveniences and 

sufferings and privations that are the attendants of poverty and 

which would be all the more painful to him because he has been 

made conspicuous by his office and be0ause those effects of poverty 

which a man may more easily conceal in private life he will feel it 

all the more difficult to conceal from curious and probably unfriendly 

eyes. 

Therefore it is that I consider that this proposition now offered by me is a matter of justice to retiring Presidents. I consider it a matter of protection to the American people. I hold it to be a matter of 

decency and propriety. We have adopted this idea in regard to our judicial system in order to render our jud~es still more secure in the 

exercise of that independence of fear or favor so essential to honest 

jud~ent. We not only have provided that their salaries shall be 

for life and shall not be diminished dming their term, but by a beneficent prov:.ision for the last twelve years we have given to each judge 

who reaches the age of seventy, after ten years' service, his full pay for the residue of his life. Why should not this be adopted in regard 

to ex-Presidents f 

In 1877 General Grant :retired from the Presidency. At that time 

Xill-87 

he was the only ex-President alive. Millard Fillmore had died in 

1873. There was no ex-President alive in this country from 1873 until 

General Grant retired :in 1877. To-day there ru:e two. The list never can be long; but whether long or short, and wholly without regard 

to the supposed merits or demerits of the individual, I respectfully 

submit to the Senate that it is wise to say to a man who is to exercise 

in his own person and solely in his own discretion the entire powers 

of a separate branch of this Government, "There awaits you cer- tainly at the end of your term a competent provision against poverty 

and pecuniary embarrassment." Can it be denied that such a prospect would fortify a man against improper influences and strengthen 

him in an independent and virtuous course of conduct f 

The amount proposed by this amendment is modest enough. It 

gives but one-fourth of the annual pay at present prescribed bylaw. 

It is about the same for the ex-President that it is for the retiring 

Chief-Justice of the Supreme Court. And, sir, I can only say that 

it is to my mind a more respectful, and I cannot but believe it would 

be a more welcome manner, of providing for and of paying respect 

to the distinguished individual mentioned in the special act proposed 

by the Senator from Illinois, than to place him upon the retired list 

of a branch of the service from which he deliberately resigned some thirteen years ago. It was not the expiration of a term; it wa-s not 

the act of God; it was the voluntary act of the individual choosing 

deliberately the paths of civil life and party elevation. It was by 

his own act; and therefore it is that I believe it wiser; I believe it 

is preferable, viewed from any point, that we should now take this 

action by general law to make provision for the officials of the 

highest grade known to our Constitution, instead of by special aot 

overthrowing the established rules of the Army, depriving those who 

have remained in it of their legitimate expectations of promotion, 

and enacting a special law for personal reasons which does invade 

unjustly a general law meant for an entirely difterent class-tho 

regul.:l.r officers of the United States Army. 

I do not know what the pleasure of the Senate may be in regard to 

my proposition of pensioning ex-Presidents. It will embrace General Grant in its provisions. I believe there is but one other who 

will be affected by it at present. The measure was brought into the 

Senate during the life-time of the late President Garfield, and I may 

say that I knew enough of his affairs to ma.ke me feel anxious that he 

should not have upon his retirement from whatlthenhoped would be 

his full term of office, the specter of poverty awaiting him at its 

close. 

I believe this measure proposed -by me is founded upon a sound, 

wise public policy. I believe it is the proper mode of dealing with 

the subject now before the Senate, that it should be effected by general and not by special laws. There is something invidious in special 

lesi5lation. You grant to one, and withhold from another; you discnminate as between your citizens; and yet proclaim that the foundation of a republic and one of its greatest claims to honor is equality 

before the law. That is violated in the proposition of the Senator 

from Illinois and! submit to him and to the rest of my associates in 

this Chamber that the measure I propose to substitute for his, accom- plishing all in the way of generous and fair pecuniary provision, an implication of respect and gratitude is just as strong in the general 

bill as it would be in a special act. 

I do not care to detain the Senate longer. I found this suggestion 

of mine met by a portion of the public press as having a sinister intent. Intent, after all, is very easily imputed and a public man must 

learn to disregard imputations of intent. I can only say that before 

this bill to place General Grant on the retired list of the Army was mentioned, before it ever saw daylight, I had committed myself freely 

and in writing to the measure whichlnowpropose and which! trust 

may meet the favor of the Senate. It was not for him alone; it was not for any other individual; it had a better and broader ba-sis of 

action than mere personal reward or recognition; it was based on what I consider a sound public policy, which should both influence 

and protect men charged with the execution of the trust of power, 

to execute it in a high, pure, and independent spirit, for their own honor and as a measure of safety to the American people. 

Mr. JONES, of Florida. I wish to ask whether there is not a con- stitutional question involved in this subject. The Senator will 

remember the phraseology of the Constitution in regard to the com- pensation of the President. He spoke of the enlargement of the 

salary of the judges. There is no prohibition--

.Mr. BAYARD. The diminution, not the enlargement. 

1\fr. JONES, of Florida. No diminution of the salaries of jud~es 

can. take place; they may be increased; but the Constitution With 

respect to the salary of the President goes a little further and provides that it shall neither be diminished nor increa-sed during his 

term of office. The suggestion I make is that the thought of the 

framers of the ConstitutiOn in fixtng a limitation at both ends may 

have been that the amount allowed during the term was to be a full 

compensation for his services as President during his term. In the 

case of the judges, however, they left Congress at liberty to increase 

their salaries, but they did not leave Congress at liberty to increase 

the salary of the President during the term of his office. They intended that he should have a fixed sum which should neither be 

increased nor diminished durin~ the term of his public service. This 

language I suppose was noi acc1dental. I merely draw the Senater's 

attention to the difference in the phraseology. 
1378 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23, 

Mr. BAYARD. I can see nothing in this phraseology that calls 

upon me to look in'l!t> the Constitution on this point. There is neither 

diminution nor enlargement in the salary of the President by this measure. It simply provides for a person who has been President a snm much smaller, that one-fourth of the salary to which he was entitled as President shall be continued during his life. It is not an increase or diminution, nor does it come to him during the term. It 

is a prolongation of an allowance. 

Mr. BROWN. Mr. President, I was very glad the other day to 

hear it announced from both sides of the Senate that this was not a political question. It is a question about which there are, however, 

very decided differences of opinion as they have been expressed upon 

this floor. I do not agree with the Senator from Delaware [Mr. BAYARD] in the policy of pensioning all persons who have held the position of President of the United States. I think we are carrying the 

principle of pensioning civilians a little too far. The fact that a man has occupied at a salary of 10,000 a year a position on the Supreme Bench for a great many years, which he ardently sought, and 

which he would never retire from as Ion~ as he was able to hold it, 

is not a very strong reason why he shoula. have a pension of 10,000 a year for the rest of his life. Nor do I know why a distinction 

should be drawn between a jud~e of the Supreme Court of the United 

States, who has devoted his life to his duties on the bench, and a judge of the supreme court of a State, who has devoted faithfully 

and laboriously the better part of his life to his duties as a supreme 

judge. In each case they take the office because they desire it. 

They get, in the case of the judge of the Supreme Court of the United 

States, a competent salary, and there are not very strong reasons, I 

think, for a pension in such a case. Now, it is proposed to extend this principle further and to embrace 

every person who has held the office of President of the United 

States. No matter what his age maybe, whether he was nominated 

by an accident, or how he got into the office, or how he conducted 

himself, or how long we have to pay him the pension, he must have 

12,500 a year for the remainder of his life after he retires from the 

Presidency. We are about to establish the principle of pensioning 

the widows of all deceased Presidents. I suppose the next step will 

be to pension memb~rs of the Cabinet and their widows. If it is 

said that a gentleman who has held the exalted position of a mem- ber of the Cabinet ought to be pensioned the remainder of his life 

when he retires, why not pension a Senator who has been here for a very long time, as my friend from Delaware has; or if he has re- mained here as long a time as my friend from Rhode Island [Mr. 

ANTHOlo."'Y] he would have a still stronger claim. It may be said that 

he had spent all the best days of his life in the public service, and 

he ought to have a pension. I do not see where the stopping place 

is. I think the whole matter of civil pensions, or pensions to per- sons in civil life, is of very questionable policy. 

It is not so, however, in the case of the military. When a country 

is at war, no matter whether it be a civil war or a foreign war, the 

great body of the soldiery who go in and do the fighting take their 

lives in their hands and risk them in defense of their country for a mere nomin5l compensation dming the period, and they and the 

generals and other officers who command them, who also take their 

lives in their hands and go into the field, have a very different claim 

upon the people to pensions from the claim set up by a civilian. I 

am, therefoce, very well content to see liberal pensions granted to 

officers and soldiers who have rendered distinguished service to the 

country. when I am not willing to see it done in the case of officers 

in civil life. 

It has been the usage of all great nations which have had great 

wars to render distinJid~shed honors to tlle heroes of those wars. The judgment of rna · d has approved it. Whether you call it 

hero-worship or whatever you may call it, the people of all-civilized 

nations and of all savage nations do it. I do not profess to be en- tirely free from that principle which is sometimes called hero-worship. I do admire and entertain the very highest respect for the man who has shown himself a hero in war, because he exhibits high 

qualities that are worthy to be admired. 

If we confederates had succeeded in the late civil war and it had 

been my fortune to-day to have stood in a confederate con~ress, that 

government having been established, and if the question nad come before that congress whether we should place Robert E. Lee or Joseph 

E. Johnston upon the retired list had they occupied just the position 

that General Grant occupies to-day, I should not have hesitated one moment to vote that distinction to either with the attendant emoluments. Why Y Because they were grand leaders; they were brave 

and magnanimous; they were powerful on the field; they were heroes; and because I should have held that they had rendered distinguished services to their country. Irithat case the bounds of the 

confederacy WQuld have been the boundary of my country and they 

would have been the heroes of my country. The confederates failed, 

however, and instead of the suyposed case, I stand to-day as one of 

the representatives of a State m this Union in the Congress of the 

Vnited States, and we having failed, and the Union having been 

restored, and we having returned to our allegiance to that Union, as I stand to-day, the heroes on the Union side become the heroes of my 

oountry, and it is my duty here to vote the same tribute and the same honor to them that I would have voted, in the case supposed, 

te Lee or Johnston, had the confederacy been established. 

Therefore I shall vote in this casefor the pending measure. Last. year I voted against a resolution to place GeneraJ Grant upon theArmy roll because, as I understood it then, it was very doubtful if 

the measure ha-d passed whether he might not have been assi~ed toactive duty and whether there might not have arisen conflicts between him and the present General of the Army as to who should 

hold that position. General Grant having retired and gone into 

politics for the time, and having been honored by the people of theUnited States with two elections to the Presidency, I would not vote 

to place 'him back upon theArmy list where he could return to active 

command and interfere with the present General of the Army; I think 

it would be unjust to do it. But this proposition comes distinctly 

before us in the shape of placing him on the retired list. In other· words, it is asked by his friends that we do him the honor to put 

him back on the list of the Army where he so much distinguished 

himself and where he renderedsuchimportantservice, and retire him 

with the common honors and the common pay that an officer of his 

rank thus retired receives. That meets my cordial assent. I believe 

it is proper to do it. 

It has been said, however, that General Grant is at present a man of means; that he is not needing this salary. I do not know how 

that is, nor do I care. But I would ask those who make that objection if the widow of the late lamented President is not a lady of means. I am glad she is. The people of the United States did themselves honor in conferring upon her by private subscription the means to make her independent of pecuniary want. But will Senators. 

refuse to vote a pension to Mrs. Garfield because she has means and 

because she is not in pecuniary want 'f I presume not. 

It will be said probably that that falls within a rule. How long: 

has that rule been established f 1\Irs. Lincoln has a pension; but 

there has been no rule heretofore that I am aware of to pension all 

the widows of decea ed Presidents. If we make that rule now Mrs. 

Garfield will come within it. If we do not make it, the presumption. 

is that the pension will be voted to her anyway. It cannot be said 

that it will be done because she needs the money, but there will be 

other reasons that Senators and the people represented by Senators. will assign for that act of liberality or of justice, or whatever you 

may call it, to the widow of the late Pre ident. 

Therefore, the question whether General Grant has means ought 

not, in my opinion, to enter into this discussion. I would retire him 

because he forms an exception to general rules. I do not believe 

in makin(J' too many exceptions, and there is some point in the argument of the Senator from Delaware that you should not retire General 

Grant because it might possibly displace some captain who could 

not be retired if the full legal number has- been retired before his. case is reached. That contingency, however, it seems to me, is remote. 

It is not at all probable that the fact that we place General Grant 

to-day upon the retired list and permit him to draw from the Treasury of the United States the three-quarters pay that a retired officer 

is entitled to will ever interfere with the retirement of a major, or- a captain, or any other person in the Army. It isnotat all probable 

that it will, but if it should I would still say that there are rea ons in General Grant's case that do not exist in the case of a captain, or- major, or other officer of the Army. 

I know some persons have discussed doubtingly whether General 

Grant was a great military commander. Usunlly 'the best test in a case of that character is to look at the success of the commander. 

From Donalsonville to Appomattox victory usually perched upon his. standards when he commanded. I thought it unfortunate at the time 

for it was against my side. He had the honor of commanding, and 

ably commanding the Federal Army at the time when the immortal 

Lee surrendered to him-a shattered army, it is true, but one of tht? 

bravest and best that ever was upon this planet. The man to whom 

Robert E. Lee tendered his sword in surrender is entitled to my re- spect and the respect of southern men as a military chieftain and hero. 

I will accord to him all the hanor that I can to any military hero; 

and I do not dishonor the confederate cause when I do it. 

I think it is a mistake to-day for the late confederates to vote 

against this measure. I know some of them will do it as honestly as. I vote for it. I do not question motives, but I honestly think it is. bad policy, and I think it is better not to do it; therefore I shall 

vote the other way. 

It has been said, however, that the salary is one of considerable- amount; that the people are already taxed very heavily, and that we- ought to be very cautious how we continue to put on burdens. There are many places where that admonition can properly be made, where 

thousands, tens of thousands, hundreds of thousands are drawn from - the Treasury for objects much less worthy, and we hear but little- about them. So far as the Southern people are concerned I do not 

think they will feel the mere pittance of taxation that will fall to, 

their share in paying the salary of General Grant in retirement. 

It is said we hn. ve made sacrifices already, and a great many ofthem. 

So we have; but the people who could sacrifice as much as we did in 

defeat, and do it with as much apparent cheerfulness, can at least add as the crowning point this little additional sacrifice. 

Mr. BUTLER. May I ask my friend, the Senator from Georgia, onequestion in connection with his opinion as to the duty of the ex-con- federates on this floor f 

:Mr. BROWN. Certainly. 

Mr. BUTLER. I should like to ask him if he does not think that. 
1882. CONGRESSIONAL RECORD-SENATE. 1379 

it would have been a. very reasonable exercise of ma~nanimity on the 

part of a Republican SeBate to have removed the disabilities of the 

y01mg man who applied here this morning to have his disabilities 

remove(l! 

Mr. BROWN. I will answer my friend with great cheerfulness. 

I think it a proper exercise of magnanimity to remove the disabilities of everybody w~o is under disability who will ask for it, as the 

rest of us asked for 1t. 

:Mr. 1\Ic:MILLA.N. I should like to ask the Senator from Georgia 

whether the progress of that case, as reported by the committee, was not interrupted by an amendment from the other side of the Chamber, offered by the Senator from Arkansas, [Mr. G~TJ>,] involving the repeal of a general statute f 

Mr. BROWN. That is my recollection of it, sir. Otherwise I 

think on a vote the relief would have been granted. I thought I saw that in the countenances of Republican Senators. 

Mr. BUTLER. I should like to ask the Senator from Minnesota 

and the Senater from Georgia if it would not be a very graceful 

piece of magnanimity on the part of the Republican Senate to re- move the disabilities of all those people contemplated by the substitute f When they are. talking about magnanimity, it is a two-edged 

sword, 1\Ir. President. 

1\Ir. HOAR. May I be permitted to ask the Senator from Georgia a question 7 The Senator from Georgia has uttered1 and to some extent has represented the opinion of those persons who are spoken 

of by the Senator from South Carolina as ex-confederates. Does he 

think that a measure of national importance or any measure of na- tional gratitude should in the least be connected with such a consideration as that of our policy towards ex-confederates f Are we to 

buy every thing that this country ought to do of proper legislation 

by some concession of this character 7 It seems to me the sooner we deal with each of these classes of questions alone, on its merits, without mixing it up with any other, the better. 

Mr. BROWN. It is out of the line of my argument, but I have no objection to these interruptions at all, as this question ought to be 

fairly discussed. I have no fault to find thus far with the action of 

the Republicans in the Senate Chamber on the question of therelief of the young gentleman whose name was reported in the bill this 

morning, as there has been no final action taken there, and no vote 

against the relief. There was an amendment offered by the Senator 

from Arkansa-s, for which I shall very cheerfully vote in any shape 

that it comes up here, I do not care how, repealing the section that 

is in the way of a confederate being appointed to a position in the 

Army as a surgeon or otherwise. But I did not think it was un- reasonable on the part of a Republican Senator to say, "as this involves a repeal of the statute, let it go to the committee, and let 

them make a report;" and that is all that I understand was done. I 

might feel like complaining, when a report has been made and the 

Sel).ate has acted, if the Republican Senators should come here and 

vote to refuse to remove that disability, because this young gentle- man who went when a mere youth, as it was stated, into the con- federate service, has come and asked relief; and I believe in almost 

every case, of political disability or other disability imposed by the 

Constitution or by the laws of Congress, where the person laboring 

under the disability has applied for relief it has been accorded to him. ~1r. TELLER. In all cases. Mr. LOGAN. In every ca-se. lli. BROWN. It is said in every case. I was not certain that was true. I do not think it a hardship, as I said, that a confederate who is 

under those disabilities, the fortunes of war having placed him there, 

should do as the rest of us have been required to do-indicate his 

wish that the disability be removed. Therefore I cannot undertake 

to find particular fault with the action of Senators on the other side 

upon that question. 

Mr. BUTLER. If the Senator will pardon me, I am finding fault 

with nobody. I had no purpose in propounding the inquiry that I 

did of mixing up any question of national importance with any con- cession to anybody; but it is constantly drummed into our ears day 

after day and week after week that we ought to be magnanimous; 

that we ought to do this and we ought to do that. When a question 

of that kind came up for action I have never permitted my section or my relations to anybody to influence me ; I have been governed 

by what I thought to be right; but I tlrink there should be some end 

to this constant demand that is made in some quarters. Hence it was that I propounded the inquiry, simply in reply to the suggestion of 

the Senator from Georgia when he spoke of our being magnanimous 

to General Grant. As I said the other day, there is nothing that I can do to show respect to General Grant that I am not quite willing 

to do; I have no feeling upon earth against him; but I think there 

should be some tel'Dlination, some end to this thing, so far as the 

appeals to us are concerned. 

Mr. BROWN. I know mv friend from South Carolina does not 

believe that in the remarks !~made I had any intention of attempting 

to lecture my friends from the South. I expressed my opinion as to 

what was best for us to do, and I said that I should act upon that 

opinion. I have no question that they were as honest in their opinions a,nd their action as I was in. mine. In other words, I wa-s as- signing the 1·ea-sons why, as a confederate, I sustain this measure. That is all I intended. 

I hatl reached the point when I was interrupted where I was refer-

, 

ring to the sacrifices made by the southern people. While I think 

the Republican party has dealt harshly with us in some cases, I do 

not say that all that has been done where we made sacrifices has 

been under the la-sh of the Republican party. At the end of the con- test, although President Johnson had been elected by the Republi- can party as Vice-President, ·and by the most unfortunn.te occUJn'ence, 

which terminated the life of President Lincoln, he hn.d become President of the United States, I do not think he and the Republican 

party agreed in all that he didatthattime. He was elected bythem, 

but was not, in fact, their representative. What did he say to us as confedemtes f He originated a policy of his own, which, I believe, was known at the time as" my policy." He did not call Congress 

together and lay his plans before them, but he appointed governors 

of the Southern States and called conventions in the Southern Stat68, 

and what did he dictate f He required by express instruction to Gov- ernor Johnson, appointed by him in Georgia, that the convention 

should adopt the thirteenth amendment abolishing slavery, and that 

they should repudiate our war debt. 

That conventjon was not made up of negroes, or cn.rpet-baggers; or as the term sometimes was, scalawags. But it was made up of the rep- re entative people of Georgia; men of the :first ability and standing, 

and of the highest order of patriotism. We knew that we had failed; we knew that we occupied the position of the conquered; and as :we could not deal with Congre s, we must deal with the repre entapve 

of the conqueror who then held the power in his hands. He said to 

the Southern States, "abolish slavery." The representative assem- blies there, with the proudest and ablest men of the States in tliose 

bodies, promptly responded, :md .they swept away (if there was vitality still left in it-at least we gave our consent to it) two thousand million dollars' worth of property in slaves. He made the further requirement of us that we should repudiate the war debt. The 

fourteenth constitutional amendment had not then been ratified; we went as fn.r as we could in doing it. W o pas ed, in my State, 

and I believe they did in n.ll the other States, for I think it was a requirement of all, :m ordinance repudiating the debt, when many 

of us did not believe we ought to do it. But the representative of 

the conqueror having dictated it we, lying as the conquered at his 

feet, responded and gave our as ent. 

If we could afford to do thn.t in obe~ence to the ilictation of the 

conqueror whose n.rmies were led by General Grant and by the present General of the Army, and make the sacrifice in the loss of slavery 

and by the repudiation of the war debt of between four and five thousand millions of dollars as there ult of our failure, I am prepared to-dc3y 

to take another little step for harmony. I have often said that! acquiescein the past; that! returningoodfaith to the Union; thatlrenew 

my allegiance, and that I will vie with any Senator from the northern 

section in doing all in my power to promote the future welfare and 

progress of the people of this great Republic; and as they look to 

General Grant as the :first hero of the war, and after having honored 

him with the Presidency they propose now to restore him to his position on the Army list and retire bi.m.z I say I will throw no obstructions in the way; I think it a.ppropnate, all the circu.mstn.nces con- sidered. 

It is said enough has been done for him. It is true much has been 

done. He has been honored by the America.n people with the highest 

honors of the Republic, civil and military. He has held the position 

of Chief Magistrate of this Union as long as Washington, the Father 

of his Country, held it, and as long as Jackson, the hero of the second 

war, held it; and the civil war having been much grander and more magnificent in its proportions :md probably much further-reachin~ in 

itsTesults,itisnotpredictingtoomuchtosaythatposteritywillasslgn 

to General Grant the position of having been the second to save the 

country. If so, future Senators or future sessions of Congress may 

still do higher honors to his memory than we now do ,to him living. 

We have not done too much for Washington; he had all the honors 

hiS countrymen could heap upon him during his life. A hundred years 

have passed, and to-day the American people by appropriations from 

the American Treasury n.re raising high in sight of this pln.ce a costly 

monument to the _perpetuation of his memory. If we c~ do that for 

the hero of the first war, I can afford to vote to put the hero of the 

late war upon the retired list of the Army with the . usual pay of a retired officer of his rank. Posterity will assign him a _position among 

the greatestmilitarycaptains of past ages. And those who come aftei' 

us, and rea~ the history of the present period, and see wb.1.t ilistinguished honors he received from the greatest nations of this day 

durin()' his trip around the world, will probably wonder that the 

record shows that there was a division in the Senate of the United 

States on the proposition to pay him the tribute desigllated.in this bill. 

Mr. JONES, of Florida. 1t1r. President, the transaction in which we are engag~d to-day will outlive the memory of the actors. The ~etty difference of opinion which may divide this Chamber on the 

final vote on this bill will never be thought of or co;nsidered by the 

historian who shall tell of what happened here to-day. We are n&w 

making history on a great scale. The record of our ordinary morning 

bnsine s will go into the rubbish basket of the future and will never be heard of beyond the narrow circle whose interests are affected by 

it. But this business will live; and it will be as im_possible to drive 

the sun out of his fiery and illuminating orbit as to prevent this n;mn 

whose name is embodied in this bill from being the central £.gulr€1 

of our history in all time to come. I say this out of no lavish ~Wirit 
1380 CONGRESSIONAL RECORD-SENATE. FEBRU.ABY 23., 

of adulation; I have it not. I have had r eason to criticise much that 

is objecti.o.nabl~ in his political career, but his fa:ults and fa~ngs 

will die wit h hun, and the memory of the great military transactions 

affectincr the interests of fifty millions of people alone will live. 

The q~estion is, can the Senate of tha United States, representing now a united country, afford to deny what is asked in behalf of General Grant f I have nothing to say about his poverty or his wealth; 

he may not need the relief asked for, it is likely he does not. This 

is the nanowest ground upon which the case could rest. The coun- try and posterity will know him only as the chief director of the 

greatest military movements the world ever saw, and the commander 

of armies and phalanxes beside which tho e of Waterloo and Austerlitz sink into in ignificance. I do not wish to set up the example of 

monarchies for the guidance of a republic. But republics cannot afford to appear contemptible in the eyes of their own people or of the 

world. The fame of this man, w he thor de erved or not, as a military 

leader will eclipse that of Wellington. His services were rendered 

for a republic, and it may be they ought not to be regarded; but 

the people, despite of all that may be said here, will regard them 

just in the same way that the British people considered Wellington's. 

The latter's government freely gave £60,000, or 300,000, to pay his 

funeral expen es. This was the greatest sum of money Englishmen ever gave to honor the bones of an Irishman, but it was given withoat the least regard to the fact that the estate of the great Duke was as well able to · pay his funeral expenses as any estate in the 

kingdom. Suppose the pay of a retired General is $12,000 a year; 

you would not give to your General in the aggregate and during 

the whole of his life what England paid to carry the remains of 

Wellington to Saint Paul's. 

Now when it was proposed to retire General Shields, whom nobody 

respected more than I did, I voted for the resolution freely. General 

Shields well deserves all that the Senator from Missouri said of him. 

He was a gallant and grand old Irish gentleman, and shed his blood 

like water for his adopted country. He had been highly honored for 

his services; he represented three different States in this body, a very rare honor, and those who knew him know very well that it was his military services which secured it. In voting to put this 

old soldier on the retired list, I did so because I thought his services 

to- the country entitled him to it. I had no right to put my vote on any other ground. If I vote a~ainst this resolution I will say to the 

country that in my judgment tne military services of General Shields were bett.erworthrewardingthan those of General Grant; and while 

I mi~ht claim a license for pardonable extravagance, I do not think it 

woUldprotectmeinsayingthat. But, sir, outside of all this, I can- not ignore the fact that an overwhemling majority of the American 

people will regard this question as a sectional one. There are some cases where the individual is nothing, and the principle everything. 

I shall not stop to quarrel or contend with public sentiment, nor will I, with this light before me, cast a vote which I feel quite sure will have the eft'ect of inflaming and strengthening the dread spirit 

of sectionalism, now happily on the decline in this country. I shall 

vote for this bill. 

Mr. CALL. 1\Ir. President, this bill proposes an acknowledgment 

for distinguished public services rendered by an eminent citizen. The 

only two questions that are legitimate to the consideration of the bill are- as to the character of the services and as to the form in which 

the public acknowledgment shall be made. Ordinarily these two 

divisions would comprehend the entire consideration of the subject, 

but there are circumstances outside of the subject of the bill which 

:relate to the Senate as it is now constituted, which will influence my 

action, and which I think may very properly in.fluence the action of 

ather Senators here. 

We are here in part Senators from the States formerly engaged in 

Fesistance to the national authority, and in the larger ;I?art Senators 

from the States that maintained the national authority. The bill 

proposes a recognition of the military services of the leader of the 

armies that sustained the national authority; and it is proposed in 

this body by the Senators from those States that adhered to that au- thority. It is submitted to us, now restored to our constitutional 

relations to the Union, whether we shall say that they who maintained the authority of the U:Rion shall not bestow upon the distinguished general of their armies such public reward and such recognition as to them and their people shall seem meet and proper. 

Sir, I maintain that if there is no constitutional objection to the 

measure; if there is no important ground of public policy to require 

it, that it would be ungracious, as well as unwise, in us to sit in disapproval and rebuke upon the judgment of the people of theN orth as to th~ form, and the manner, or the extent in which they shall make 

that public recognition of the services of the leader of their armies. 

For that reason 1 shall not allow my judgment to be put in opposition to theirs; nor can I, upon an investigation of the subject, find anr _ground of constitutional objection or of public policy that would 

justicy me in doing so. The whole extent of the question is, shall a public acknowledgment by the Congre s of the United States be 

made of military services which by 1ihe general verdict of t.he 

American people -have been recognized as pre-eminent f Upon that 

question there can be no great difference of opiRion. 

The distinguished Senator from Missouri [.Mr. VEST] ar!!'lled this 

question in the light of the argument of the Senator fi:om Vermont 

[Mr. EDMUNDS] as to the objection found in t'he existing law. I can 

never upon any subject that addresses itself to my judgment apply 

that argument as a reasonable ground for refusing to support a bill 

which proposes to change the existing law. We are here with an ever-present authority to make law, to correct law; and it is no objection to my mind that the exmting law is of one character or another, if the object of the propo ed law is wise and just. 

The Senator from :Missouri also considered the subject in the light 

of the objectionable measure o_f General Grant's civil administration, 

and of his voluntary resignation of the office of General, and of the 

high civil position conferred upon him, and of his afil.uence, and in 

the light of the unjustifiable opposition to General Shields's pension. 

In all this I find nothing which denies the eminent military services 

of General Grant or the general verdict of the American people in 

regard to them; and these constitute the meritorious con ideration 

upon which such measures a-s this bill proposes must rest. 

I do not find in the proposition of the eminent Senator from Dela- ware [Mr. BAYARD] that which commends itself to me as a substitute for the bill, although I should most gladly see it added as an amendment to the bill. I would vote for it in that form, or as a distinct measure. I believe that the dignity of this Republic of this American people 

requires an ample ackilowledgment, both pecuniary and otherwise, 

of the eminent military or civil services of their citizens. I think it 

is no boon to the poor people of this country to say that they shall 

not hold office, and that the doors of high official position shall be 

open only to the rich because of an inadequate compensation for 

services rendered, or the absence of a provision by law for their support at the close of long or eminent periods of public service. My 

vote shall always be for a liberal compensation and a large acknowledgment of eminent public services military or civil. In this instance, 

while I, standing at a different point of view, might perhaps com- pare not unfavorably in my own mind and in the juJgment of the 

people of my State the eminent fame of a hero who sleeps the last 

sleep of de!\th, and who was great in the midst of defeat, with that 

of the General of the Union armies, I shall not allow any consideration of that kind to disparage the distinguished fame- and services 

of the eminent military man who stood in arms against him. 

I shall vote for the bill, sir, and vote for it with pleasure. 

.Mr. LOGAN. .Mr. President, I desire to say a word in reference to 

the amendment offered bythe Senator from Delaware. Idonotwish 

to discuss the merits of that amendment at this time. I will merely 

say that in the introductio_n of this bill before the Senate by myself 

it was intended then, and my intention now is, that if the bill passes 

it shall be passed on the ground of the extraordinary military serv- ices rendered this country by General U. S. Grant, not on account of 

his civil position at any time, but as a recognition of those services 

which have not been recognized in this way. 

I do not wish it to ever stand as a precedent for any other case. I never myself have voted to put a civilian on the retired list that 

I recollect o~ and this is the exception to the rule. There have been, as I quoted the other day, numerous instances where it has been done, 

and the record shows it, and they are on the record to-day ; but this 

particular case I presented to the Senate because I thought it was a recognition of the military services of this man that was due to him 

by the Government of the United States, and I think so now. The 

power exists to do it. It is a mere question whether we shall do it or not. I hope we shall, and I hope the bill will be stripped of any 

amendment that would be calculated to defeat the intent of it. 

My own judgment is, that if the amendment of the Senator from 

Delaware was adopted the bill would be defeated; whether defeated 

here or not it certainly, in my judgment, would not get through Congress. If there is merit in the proposition that he presents let it be 

offered as a separate measure and stand upon its own merit . Some objection was made by the Senator to the effect that this bill 

would interfere with the retired list, and I rose as much to correct 

that as anything else. It does not interfere with it. If any Senator 

thinks it would interfere with the retirement of auy officer in the 

Army, or the promotion of any officer in the Army, it is not necessary 

to make that an objection to the bill, because it is the easiest thing 

in the world to change it just by adding a few words. If it is desirable I shall move to add the following proviso : 

Provided, That the retirement of U. S. Grant shall be in addition to the number now allowed to be retired by law. 

Just a slight amendment would strike from the record and also the 

law every objection that has been made by the Senator from Dela- ware. I should suppose if that had been an objection in his mind 

he would have drawn up and proposed such an amendment. These 

little objections to bills are made because you are not for the bill, 

becanse the bill can be so easily prepared as to coincide with the 

views expres ed and meet the objections. I insist that the bill does 

not interfere in that respect, and if any Senator thinks it does I am willing: that an amendment shall be added to the bill which will 

make it so specific that every one can unde:r.stand it. 

Mr. JONAS. Mr. President, I have been sick and absent from my 

seat for several d.ays, and had no intention of taking part in this debate. As it seems, however, that we will be called upon in a few 

moments to vote, I desire briefly to give the reasons why I cannot 

vote for this bill, or for the amendment offered by the Senato:r from 

Delaware. 

While Senators from the South have been airing their confederat., 
1882. CONGRESSIONAL RECORD- SENATE. 1381 

reminiscences and acknow:led~ing their patriotic adhesion to this 

Government ~hich again and again they have adhered to, and to 

which they have again and .again vowed allegiance, while they are making their new protestations ~hey seem to have forgotten the fact 

that sixteen years have passed smce the war ended. They seem to 

have forgotten that there are no longer any sectional distinctions or divisions in this country. They seem, some of them, to have forgotten that they sit on this floor not as southe:r:n Senators,. or ex-contederates, but as American Senato~s representrng States rn the Ull!on. 

I was astonished a few moments ago to see my esteemed fnend 

from Florida [Mr. CALL] arise and to hear him, in the character of an ex-confederate, say that he sat here for the purpose of doing that 

which the Senators of the North and the people of the North desire 

to have done. I acknowledge no such obligations and I acknowledge no such distinctions. This is an American Senate, and I represent 

in part one State of this UnioJ?-, as th~ Senators from1;1orthern.Stat~s 

represent their States and therr constituents, and I will be gmded rn the votes which I cast by my idea of my duty to my whole people 

instead of what I think it becomes me to do as an ex-sinner and ex- eonfederate in order to atone for that sin which I committed twenty 

years aO'o by offering here in my place to execute the edict of the norther~ members of this body, or what is supposed to be the will 

and pleasure of the northern people. I do not think that this is the 

proper way in which this measure should be considered. 

I am not opposed to this bill simply because of its unusual character. I am not opposed to the bill simply because it proposes to put a civilian on the retired list of the Army. I am still less opposed to 

it because I would in the slightest degree detract from the great 

fame the great renown, which has been conferred upon General Grant 

not ~nly by the people of this country but by the people of the 

world, who have proclaimed him to be one of the greatest and most 

successful military commanders of modern days. 

I was an humble soldier in the confederate army; but I h.'1ve never revamped my recollections of secession, rebellion, and war and 

brought them upon this floor. I have never alluded in words of criticism to anything which occurred during the war. I have saidnothin<Y and have nothing to say in condemnation of any military act co~i tted during the war. I have stood ready here to give all honors, 

and all praise, and all glories to the heroes of the war. Ihavestood 

here ready to yield to no man in my devotion to the interests of the 

soldiers who fought against me. I have been willing to vote for 

their pensions; I have been willing to vote for their promotions; I 

have been willin~ to accede to all honors and to all glories which a grateful people, r1ghtlyin my opinion, have been disposed to shower 

upon them. 

But the proposed beneficiary of this bill, at a time when the people 

had placed him at the head of the Army, when they had created the 

highest military office in the land for him to fill, when they had 

placed him in a position full of honor and full of emolument, which 

he could have occupied to his last days with the approbation and unan- imous approval of thew hole people of the country, North and South, 

thought fit to abdicate that position, and to enternpon the career of a civilian and a politician . . Elected by his people to the highest office in 

the Government, honored equally with the Father of his Country, and 

ec:1ually with any of the best and greatest in our country's history, he 

retired from that position only because the people were faithful to their 

traditions, and considered that his measure of civic honor had been 

filled. I have not heard that he has lost fortune. If so, I stand here 

ready to assist in voting him a pension, in voting him money, in voting him any thing which will aidinpayingthedebtwhichthenation owes him as a successful commander of her Army, and probably as such her saviot in her hour of peril. When, however, he comes here as a civilian, and when we are asked to place him upon theretired list of the Army as a reward, not for his military services, be- cause we rewarded them t{) our uttermost at the time he was a soldier, but to reward him as a civilian, I stand here as the representative of a people who have the right to challenge his acts as a civilian, 

and to ask in what he has earned their gratitude and in what he is 

entitled to their praise or further honor. 

1\fr. President, I cannot vote for General Grant, because as President in 18n, and in 1875, he subverted and destroyed the liberties 

of the people whom I represent upon this floor. I cannot vote for 

General Grant, because when he was President in 1873 and the people 

of Louisiana were being deprived of their constitutional rights and 

privileges, and a government foreign to them and not elected by them was being installed over them by his order and by military force, 

they sent on to him a committee of two hundred of their best citizens, 

not politicians but citizens and tax-payers, men possessing an interest 

in the St.'lte as the representatives of property, and they telegraphed 

to him: 

Please do not take any final action in the recognition of this government until we shall have a chance to lay our case before yon. 

He responded to them through his Attorney-General: 

It is useless for you to send 200,000 of your best citizens; they cannot be heard; 

the case is adjudged; the Pinch back government is acknowledged, and it will be 

maintained. 

Am I to vote civic honors, n.m I to vote military honors, to the man who thus set his foot upon the liberties of my Statef and was deaf 

to the appeal of her people to be heard f 

Again, in 1875, when the Legislature of the State of Louisiana was 

assembled and organized, a belted officer, followed by his bayonets, 

entered the legislative chamber of the State and unseated the speaker 

whom the members had elected, and dissolved that Legislature, which 

had organized, and this was done by the order and command of General Grant, President of the Nation, and as such, acting Commanderin-Chief of the Army. Did this entitle him to the regard tmd support of my people; and for this shall he be rewarded f · 

No, Mr. President; for what he did in war, all honor; no one will 

accord it to him more cheerfully than I; but not for what he did in 

peace as a civilian, (and I consider the bill before us now to coufer 

reward as a civilian, he steps upon this ground as a civilian, be is 

to be crowned as a civilian, and as such he is to be promoted,) I for one shall11ever consent by my vote to reward or approve such victories as he gained in Louisiana over republican institutions and 

the liberty of the people. The PRESIDENT pro tempm·e. The question is upon agreeing to 

the amendment of the Senator from Delaware, [Mr. BAYARD.] 

:Mr. HARRIS. Let the amendment be reported. 

:Mr. CALL. I wish to say a word before the vote is taken. 

The PRESIDENT pro te1npore. The amendment 'vill be first read. 

The ACTING SECRETARY. It is movetl to strike out all after tbs 

enacting clause of the bill and to insert : 

That hereafter there shall be paid to overy President of the United Stat es wllo 

shall have served, or ma.y hereafter serve, in said office, and who shq,)_l h:we retired 

from the same, a. sum annually, during his life, equal to one.quarter part of the 

annu.U salary paid him while in said office : Provided, h011Jever, That said Rum shall not be pa.id to a.ny President while holding said office by any re-election thereto. 

Mr. BUTLER. If the Senator from Florida will pardon me one moment, I should like to have an amendment to the amendment read 

which I propose to offer. I send it to the desk. 

The PRESIDENT p1·o tempore. The amendment to the amendment 

will be reported. 

The ACTING SECRETARY. It is proposed to strike out the word 

"hereafter" in the first line of the amendment, and after the word 

"office," before the word "provided," to insert: 

And the same amount shall be pa.id to any surviving widow of any one who has 

been President of the United States. 

Mr. CALL. Mr. President, my friend, the Senator from Louisiana, 

[Mr. JONAS,] for whom I have very great respect, alluded to a statement that I made to the effect that the Senators from the Southern 

States could notwellsitinjudgment upon the general verdict of the 

States and people of the North in regard t.o the military services of 

General Gmnt. My friend takes exception to that remark. My honorable friend cannot be ignorant of the fact that although more than "fifteenyearshaveelapsedsincethewar" there are many of us who shared its sympathies and its hopes on either side of this Chamber, and he c~tnnot ignore what all men know, that we are at least 

liable more or less to color our convictions with the sympatbies 

brought from those times. It is only just and proper, where no con- siderations of constitutional duty and of sound policy require it, that we should not place our judgment against that of the great majority 

of the people of the North upon a subject which specially concerns the fame and reputation and services of their leading military men, 

at least in the exercise of our constitutional and legi lative power 

in respect to providing a pecuniary compensation or reward for such 

service. 

Sir, I reiterate the declaration ; I have a profound conviction in 

my mind of its truth and its propriety. I wish further to say that 

my honorable friend's forcible remarks, (which but reiterate the 

general declarations and the opinions of a great political party, 

somewhat intensified perhaps by our southern feeling in regard to 

several acts of his administrations,) which met with profound disapproval in our States by almost all of our people, only serve to show 

how much more ofpeace and good feeling will come from a recognition of a proposition to reward the conspicuous military services of R. great military chieftain without bringing it into party politics, or meeting it with the condemnation which we think properly belongs to the civil administration of the Government; the reHponsibility for which General Grant must bear only in common with a great political party which with its allies constitutes at least one- half and perhaps a little mo~e of this body, and which I hope was in part at least owing to the excitements and bitter antagonisms of a protracted civil war. That is one reason why I accept this bill, 

and gladly accept it ; and I am satisfied·that a large majority of the 

southern people in that point of view would gladly accord to General Grant or the other distinguished leaders of the armies a like 

recognition of their public services. They only ask and hope that 

the war being now a long time past, we should meet each other on all questions that concerned the war in a spirit of generous fairness, 

and of charity for whatever of wrong or error there was on either 

side in our relations toward each other. The PRESIDENT pro tempore. The question is on the amendment 

of the Senator from South Carolina [Mr. BUTLER] to the amendment 

ofthe Senator from Delaware, [Mr. BAYARD.] 

Mr. BUTLER. Upon reflection I withdraw the amendment to the 

amendment. I do not wish to embarrass the question by it. 

The PRESIDENT pro tempm·e. The question recurs on the amendment of the Senator from Delaware. 

Mr. BAYARD. I ask for the yeas and nays. 

The yea-s and nays were ordered. 
1382 CONGRESSIONAL RECORD- SENA'I'E. FEBRUARY 23, 

Mr. HOAR. Mr. President, I am in favor of the proposition of the 

Senator from, Delaware, taking it as a distinct proposition. I think 

it is a wise and sound public policy .to exonerate persons who ?ave 

held the office of President of the Umted States from the necessity of 

ordinary labor for t.he rest of their lives, and I think we ought to provide that a President of the United States shall not accept or serve 1n his great office, to use the phrase of the mover of the amendment, 

with the specter of poverty staring him in the face. I should have 

preferred that measure as ~ solu~ion of tJ:e prob~em what. ought ~o 

be done in the case of the illustrious sold1erwho IS named ill the bill 

introduced by the Senator from illinois, but I am constrained to vote 

against that amendment as an amendment to the bill for several reasons. . In the first place, I do not think. I ought to disregard ill ~he solution of a method of publicly honorillg General ~rant the wiShes and 

opinions of those persons who are neare t to him. Gentlemen who are likely to know his desires, gentlemen who. are und~rstoc;>d to be 

his intimate personal friends, who J:ave .been his compamons ill social 

and in public life, the representatives ill the Se~ate of t~e .State of 

which he is a citizen, as I understand, concur ill the opillwn t~at 

this will be the most acceptable and appropriate method of paJing 

toward General Grant the honor which I believe every Senator who 

has spoken, without exception,. is d~sir~us of J.>aying that. great and 

illustrious name. I do not think It wiSe to mterfere with such a measure when it is about to be consummated, by insisting upo~ dealing with a question which is to be. permanent, perpetual, ~pphca?le to all future Presidents of the Umted States, and a questwn which 

arises out of the demands and necessities of a different office. 

I am not here inquiring how we ma.y properly honor the name or provide for the old aO'e of General Grant, the ex-President of the 

United States. Whether hil:l services in that office were great or were not great, is a question ul!on 'Yhich gentlemendifferp.olitically; but 

it is not the question which IS here presented. It .18 a~ree~ .that 

among the illustrious militai"Y names of the world IS this military name· that among the illustrious services which great soldiers have 

been ~ble to render to their country in its time of danger, perhaps the 

most illustrioll8 of modern times, are those which this man has ren- dered to our country; and it seems not inapp!opriate that we sho.uld 

make this inadequate expression of our gratitud~ for ~hose s~rVI?es 

by appointing him to a military rank and decoratillg him agaill With 

his old military title. 

For" ,that reason I shall surrender my own judgment as to the proper 

method of honoring General Grant to the judf{!Jllent of the rel?resentatives of the State to which he belongs, and sha~ defer.voting upo~ 

the question of what is the proper method of dealing With ex-Presidents until that question hall come up in a proper way and at a 

proper time. . The PRESIDENT pro tempore. The roll will be called on agreeillg 

to the amendment of the Senator from Delaware, [Mr. BAYARD.] 

The Principal Legislative Clerk proceeded to call the. roll. . Mr. CAMDEN, (when his name was called.) I am parred with the 

Senator from Rhode Island, [Mr. ALDRICH.] . . . Mr. FRYE, (when hiS name was call~d.) I am paued on polit~c~l 

questions with the Senator from Georgia, [Mr. HILL,] but as this IS 

not a political question, and as the colleague of that Senator [Mr. 

BROWN] has declared that he will v~te for them~ b.ill, a!ld as I~~ 

very desiroll8 of recording my appreciation of t.h~ distmgU18hed military services of General Grant, I shall take the liberty to vote on all 

questions touching this subject. I vote "nay" on the am.endme~t. 

Mr. G.ARLAl.W, (when his name was called.) I am paued With 

the Senator from Vermont, [Mr. EDMUNDS.] I do notknowhowhe 

would vote upon this que tion if he were here; but if he were present, 

I should vote "nay." . . Mr McPHERSON (when hisnamewascalled.) Iampaued with 

my c~lleague, [Mr. SEWELL.] Not knowing how he would vote on this question, I shall withhold my own vote. . . Mr. SAULSBURY, (when his name was called.) I am paued With 

the Senator from New York, [Mr. MILLER.] I do not know how he 

would vote on this question, and I shall withhold my ~ote. . Mr. VANCE, (when his name was called.) I am parred With the 

Senator from Louisiana, [Mr. KELLOGG.] Ifhewerepresent, I should 

vote" nay." 1'he roll-call was concluded. 

])!J:. ANTHONY. The question is on agreeing to the amendment of 

the Senator from Delaware\' 

The PRESIDENT p1·o tempo're. It is. . . Mr. ANTHONY. I am in favor of the proposlt·l0!-1 ::t~ a separate 

bill but I shall vote "nay" so as not to encumber this bill. 

Tbe result was announced-yeas 5, nays 51 ; as follows : 

Bayard, Butler, 

Allison, .Anthony, 

Beck, 

Blair, 

Brown, 

Call, 

Cameron of Pa., Cameron of Wis., 

YE.A.S-5. 

Davis of W. Va., Groome, 

N.A.YS---51. 

Cockrell, 

Coke, 

Con~er, 

DaVIs of Illinois, 

Dawes, 

Farley, 

Ferry, 

Frye, 

George, 

Grover, 

Harris, 

Harrison, 

~~fY6olorado, .llo~~ Inga.us, 

Hampton. 

.Jackson, 

.Jonas, 

.Jones of Florida, 

.Jones of Nevada, 

Lapham, 

if~~ili, McMillan, 

Maxey, 

Miller of Cal., Mitchell, 

Morrill, 

Pendleton, 

Piatt 

Plumb, 

Pngh, 

Ransom, 

Rollins, 

Saunders, 

Sawyer, 

Sherman, 

Slater, 

Teller, 

.ABSENT-20. 

.Aldrich, QQrman; Lamar, Camden.,~ Hale, McPherson, 

Edmunas, Hill of Georgia, Mahone, 

Fair, .Johnston, Miller of N.Y., 

Garland Kellogg, Morgan, 

So the amendment was rejected. 

VanWyck, 

Vest, 

Walker, 

Windom. 

Saulsbury • Sewell, 

Vance, 

Voorhees, 

Williams. 

Mr. SHERMAN. I desire to offer an a.mendment to the bill in 

order to meet a point suggested by the Senator from Delaware. I move to add at the end of the bill : 

The retirement herein provided for shall be in addition to the number now au- thorized bylaw. 

Mr. LOGAN. I have no objection to the amendment; it is just 

what I suggested a while ago if any one thought it d~ irable. I am willing to accept it if the Senate will agree to my doillg o. The PRESIDENT pro temp(Yre. The Senator cannot accept it. 

Mr. LOGAN. Very well; let the vote be taken on agreeing to it. 

The PRESIDENT pro tentpore. The question is on agreeing to the 

amendment of the Senator from Ohio, [Mr. SHERMAN.] 

The amendment was agreed to. 

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

The PRESIDENT pro tempore. The question is on ordering the bill 

to be engrossed for. a third reading. [Puttin~ tke question.] The noes seem to have It. 

Mr. LOGAN. I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. VEST. I suggest that the yeas and nays be taken on the passage of the bill. 

Mr. LOGAN. It would be better to take the vote by yeas and 

nays on the passage of the bill. 

Mr. HARRIS. The Chair announced that the noes seemed to have 

it and then the yeas and nays were demanded and ordered. 7

The PRESIDENT p1·o tcmpo're. The yeas and nays can be t~ken on the engros ment of the bill as well as on the pas age. That Is often 

done. . 

Mr. ROLLINS and others. Let 118 take a division on this ques~on. 

Mr. HARRIS. 'l'he demand for the yeas and nays may be Withdrawn by unanimous consent, and the Senate can divide on the pending question. 

The PRESIDENT p1·o tempo-re. The call for the yeas and nays can be withdrawn. Shall the ordering of the yea and nays be withdrawn 'I 

])!J:. HARRIS and others. No objection. 

Mr. LOGAN. I have no objection to withdrawinsthe demand for 

the yeas and nays for the purpose of having a divis10n, ~ut I ~o not 

want to have it withdrawn so as to have the vote decided ill the 

negative. 

The PRESIDENT pro temp01·e. The demand for the yeas and nays 

will be regarded as withdrawn if there be no objection. Those who are in favor of the engrossment of the bill will rise and stand until 

counted. . . The bill was ordered to be engrossed for a third reading, there 

being on a division-ayes 34, noes 15. 

The bill was read the third time. 

The PRESIDENT pro tempore. Thequestionis, Shall the bill pass f 

Mr. VEST. On that I ask for the yeas and nays. • The yeas and nays were ordered, and the Principal Legislative 

Clerk proceeded to call the roll. . . Mr. BECK, (when his name w~s called.) On this question I am paired with the Senator from Marne, [Mr. HALE.] If he were here, 

I should vote "nay" and he would vote "yea." I am authorized to 

say that for him. 

Mr. CAMDEN, (when his name wa>S called.) .AB I stated, I am paired with the Senator fro~ Rhode Island, [:M:!. ALDRICH.] Not 

knowing how he would vote if he were here, I Wlthhol~ my ~ote. 

Mr. GARLAND, (when his name was called.) I ampall'ed with the 

Senator from Vermont, [:Mr. EDMUNDS.] If he were here, I should 

vote "nay." I do not know how he would vote. . . :Mr McPHERSON, (when hisnamewascaJled.) I am pa.rred With myc~lleague, [Mr. SEWELL.] If he were here, he would vote ''yea" 

and I should vote ''nay." 

Mr. SAULSBURY, (when his name was called.) I am paired with 

the SenatorfromNewYork, [Mr. :JirfiLLER.] Ifhewerehere,Ishould 

vote "nay." . . Mr. VANCE, (when his name was called.) I am paued With the 

Senator from Louisiana, [Mr. KELLOGG.] Ifhewerepresent,Ishoulcl 

vote ''nay." 

The roll-call having been concluded, the result was announcedyeas 35, nays 17; as follows : 

Allison, 

Anthony, 

Blair, 

Brown, 

Call, 

YE.A..S--35 . 

Cameron of Pa., 

Cameron of Wis., 

~~~~f Illinois, 

Davis of W.Va., 

Dawes, 

Ferry, 

~e. 

Harrison, 

Hawley, 

Hill of Colorado, 

Hoar, 

Ill galls, Jones of Florida, 

Jones of Nevada, 
1882. CONGRESSIONAL RECORD-· SENATE. 1383 

J:a.pham, 

Lo~ran, 

McDill, licMillan, 

:Bayard, Butler, €ock-rell, Coke, Farley, 

Miller of Cal., 

Mitchell, 

Morrill, 

Platt, 

Groome, 

Grover, 

Hampton, Ra.rns, 

.Jackson, 

Ransom, 

Rollins, 

Saunders, 

Sawyer, 

NA.YS-17. 

.Tonas, 

Maxey, 

Pendleton, 

Pu~. 

Slater, 

~SENT-24. 

Aldrich, G-e<nge, Beck~ Gorn:ia.n, Camae~ Hale, Edmunas, Rill of Georgia, Fair, .T ohnston, 

Garland, Kellogg, 

So the bill was passed. 

Lamar, 

McPherson, 

Mahone, 

Miller ofN. Y., 

Morgan, 

Plumb, 

THE MISSISSIPPI OVERFLOW. 

Mr. McPHERSON. Mr. President---

Sherman, 

Teller, 

Windom. 

Ve&t, 

Walker. 

Saulsbury, 

Sewell, 

Vance, 

VanWyck, 

~=: 

Mr. LOGAN. I ask the Senator from New Jersey to give way to me to allow me to bring up the resolution that was introduced by 

the Senator from Mississippi [Mr. GEORGE] this morning in refer- ence to certain suffering people in the South, and which was referred 

to the Committee on Military .Affairs. I have a letter from the Secretary of War upon the subject, and if he will not object, inasmuch as it is desirable to have ljhe resolution acted upon to-day, I ask leo.ve 

to report it back from the committee favorably with a substitute, 

and ask that it be pa-ssed at once. Mr. McPHERSON. I give way to that. 

The PRESIDENT pro tempore. The Committee on Military .Affairs 

report back the joint resolution (S. R. No. 41) authorizing the Secretary of War to use rations for the relief of the laboring classes in 

the districts overflowed by the Mississippi River. 

Mr. GARLAND. I wish the attention of tlte Senator from illinois. 

Does he report back the original resolution f 

Mr. LOGAN. With an amendment as a substitute. 

The amendment reported by the Committee on Military Affairs was read, being to strike out all after the resolving clause and insert: 

Tba.t the sum of $100,000 is hereby appropriated, of which sum so much as is 

necessary shaJl be used by tho Secretary of War in the purchase and distribution 

of subsist-ence stores to aid in the relief of the laboring classos in the district over· flowed by the Mississip_P.i River and its tributaries; and be is authorized to co· operate with the author1ties of the several States of which snob district is a. part i.b mAking distribution of the same. 

Mr. HOAR. Will the Senator from illinois allow me to make a 

:suggestion to him Y • MI·. LOGAN. Certainly. Mr. HOAR. The phrase ''the laboring classes" may possibly not 

include aged persons, or children who are not old enough to have any 

()Ccupation in life. It seems to me" destitute persons" would be 

better. 

Mr. LOGAN. I h:we no objection to the change. The Senator can offer that amendment. 

The PRESIDENT pro tempO?·e. The Senator from Massachusetts moves to insert the words--

Mr. HOAR. I move to insert after "laboring classes "-perhaps 

they may as well remain-the words" and other destitute people." 

Mr. :hOGAN. I think probablythat would be better. 

The amendment to the amendment was agreed to. 

MP. SHERMAN. Now read the amendment as amended. 

The Acting Secretary read the amendment as amended. 

Mr. SHERMAN. ' I move to strikeout the words "laboring classes 

and other." 

Mr. LOGAN. You mean to leave it sto.nd "destitute persons," 

simply. 

Mr. SHERMAN. Yes, sir. 

Mr. LOGAN. I have no objection, because that will cover all. 

The PRESIDENT pro tf:mp01·e. Is there objection to the amendment of the Senator from Ohio Y The Chair hears none and it will 

be regarded as a~reed to. 

The committee s amendment a-s amended was ::tgreed to. 

The joint resolution wa-s reported to the Senate as amended, and 

the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third read- n~, r ead the third time, ::tnd passed. 

The title was amended so as to read: 

A joint resolution appropriating $100,000, or so much as shaJl be necess~, to be u sed by the ec t.~ of War for the purcha e and distribution of snbslStence stores to aid in the relief of destitute persons in the district overflowed by the Mig • 

.sissippi River. 

ORDER OF BUSLNESS. 

Mr. McPHERSON. I move to proceed to the consideration of 

Senate bill No. 12. 

The PRESIDENT p1·o tem,p01·e. The Chair supposes the object of 

the Sen{} tor is to make the bill the unfinished business T 

Mr. McPHERSON. Yes, sir. 

Mr. CAMERON, of Pennsylvania. I move that the Senate pro- ceed to the consideration of executive bUBiness with the understandag that the bill just called up shall be in order to-morrow. ["No!" 

"No!"] 

The PRESIDENT pro tempore. There cannot, in the opinion of the 

Chair, be any way of getting the bill before the Senate except by a vote. 

Mr. BAYARD. Before the question is put, I wish to be heard. 

Mr. McPHERSON. I can hear nothing that is going on on the 

other side of the Chamber. I did not hear the Senator from PeD.l'l.-

sylvania. 

The PRESIDENT pro tempore. The Senator from Pennsylvania. 

moved that the Senate proceed to the consideration of executive 

business. Doe.'! the Senator adhere to that motion Y 

Mr. CAMERON, of Pennsylvania. I do. 

M.r. BAYARD. Will not the Senator withdraw that to allow the 

order of business to be fixed 1 

Mr. CAMERON, of Pennsylvimia. Ido notwithdrawthemotion. 

The PRESIDENT p1·o tempore. The Senator from Pennsylvania moves that the Senate proceed to the consideration of executive business, which motion is not debatable. 

Mr. BAYARD. I hope the Senate will not agree to that motion. 

The motion was not agreed to. 

Mr. BAYARD. I understand that the bill referred to by the Senator from New Jersey will not involve a long time in its consideration and decision, or I should now antagonize it by moving to take 

up Senate bill No. 22 to provide for the appointment of a commission to investigate the question of the tariff and internal revenue laws. While I shall not now anta$onize the motion of the Se:a.ator 

from New Jersey that his bill be talren up for the purpose of making 

it the unfinished business for to-morrow, I give notice that immediately upon the conclusion of the debate upon the bill offered by the 

Senator from New Jersoy, I shall press the tariff-commission bill on the attention of the Sen:-t.te. 

Mr. MORRILL. Allowmeto saytotheSenatorfromDelawaretha.t 

my impression is that the bill reported by the Senator from New 

Jersey will take a week's time. 

Mr. BAYARD. Very well, then, if--

:Mr. :MORRILL. A»d it is of far less importance th.:'m the bill the 

Senator from Delaware refers to. 

Mr. BAYARD. I am assured to the contrary. Of cour ewe co.n- not tell until it is tried. What I mean to say is that if the bill re- ferred to by the Senator from New J ersoy sho.ll prove t.o be a bill of 

long and dilatory debate, I sho.ll ask the sense of the Sen::tte whether 

they will not lay it aside and take up the tariff commis ion bill. I 

think we ought to pa s upon it; at least the Senate shall have the 

opportunity of saying whether they will or not. 

l\.fr. McPHERSON. So far as the debate is concerned on the bill 

that I have asked may be taken up, there will be no discussion in 

the Senate on my part. The report is all I wish to have presented. 

to the Senate to show every thing that is proposed. I do not think it 

need bke twenty minutes to dispose of it. I renew my motion to 

take up Senate bill No. 12. 

Mr. MILLER, of California. I de ire to say a word in this stage 

of the proeeedings. Some three weeks ago I ~ave notice that I would move at a certain time to take up Senate bill No. 71, which relates 

to the Chinese question. I did not have the opportunity to do so at 

that time; I gave another notice, and I was crowded out a second 

time. I gave a third notice that a.t the conclusion of the business 

which has occupied this day, I should make that motion aRd take the sense of the Senate upon it. It is a matter of great importance, at 

least to the people of the Pacific coast. There is now a great deal of 

excitement in reference to that question there, and I think the Sen-

::tte ought to take it up and dispose of it; either pass the bill which 

has been reported by the Committee on Foreign Relations or vote it 

down, so that the question may be ended one w::ty or the other. 

I appeal to the Senate to do this. I do so becaUF'Ie I consider it a question of as great importance as any that has come before the Senate, and to our people it is certainly of greater importance than any 

!know ofthat will come before the Senate. We have waited patiently a long time. While I would not desire to antagonize the motion of 

the Senator from New Jersey, if his bill is to occupy a greo.t length 

of time, a week in debate, I shall feel it my duty to antagonize it and 

test the sense of the Senate. If it will take but a short time I shall 

be willing, if my bill be taken up, to give way to him and give him an opportunity to pass his bill. 

Mr. McPHERSON. If it takes more than an hour in its consideration I will agree to have it laid aside. 

M.r. 1tllLLER, of California. Then I shall agree to give way with 

that understanding. I therefore, if it is acceptable to the Senator 

from New Jersey, make the motion to t ake the sense of the Senate now that the bill (S. No. 71) to enforce treaty stipulations relo.ting 

to Chinese be t aken up and left as the unfinished business. 

The PRESIDENT pro tentp01·e. Does the Senator from New Jers~y 

withdraw his motion 'I 

Mr. McPHERSON. The Senator from California will understand. 

that I am also antagonizing the Senator from Delaware on the meas- ure he wi hes to take up. 

:Mr. MILLER, of California. I think the Senator from Delaw,ar~ 

will give way. 

Mr. BAYARD. Certainly not. 

Mr. MILLER, of California. Well we will take the sense of the 

Senate upon it. 

Mr. ALLISON. I desire to say one word, though I do not wish 'to 
1384 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 23, 

interf~re with the order of business. I only wish to give notice that 

at half past one o'clock to morrow I shall ask the Senate to take up 

the immediate deficiency appropriation bill to the exclusion of everything else. It is of absolute importance that that bill shall pass the 

Senate this week, for the reason that it involves, among other things, a deficiency in the public printing, which makes it necessar~ that an appropriation for that service should be passed this week if we are to continue the printing necessary for the Senate and House. 

Mr. ~fiLLER, of California. How long will that take t 

Mr. ALLISON. I do not know, but probably an hour or two. I 

merely wish to givethat noticeinorderthat.Senatorsmayknowthat 

whatever they take up to-night will be set aside to-morrow at half 

past one. The PRESIDENT pro ternpm·e. The deficiency bill will in all pro bability take up the whole of to-morrow after half past one. Mr. BLAIR. I object to any understanding that will be in an honorary way binding on any Senator as to the order of business after 

the disposition of the bill which is brought to the attention of the 

Senate by the Senator from New Jersey. I have no objection to that 

bill being now considered. · The PRESIDENT p1·o tempm·e. Does the Senator from New Jersey 

adhere to his motion T 

Mr. McPHERSON. I adhere to my motion. 

Mr. HOAR. It is quite obvious that the taking up of any meas- ure by vote to-night will be a mere idle ceremony. Here are half a dozen Senators, the Senator from New Jersey [Mr. McPHERSON] with 

his bill, the Senator from California [Mr. MILLER] with his bill, the 

Senator from Vermont [Mr. MORRUJL] with his bill, and perhaps 

others, all stru~gling to get their bills taken up to-night that they 

may be the unfinished business, when it is perfectly manifest that 

whate\er bill is taken up will be displaced by the appropriation 

bill, which always has the right of way, athalfpast one to-morrow, ana it will require to try the question all over again then. 

Mr. McPHERSON. My bill will take no time scarcely; it can be 

determined readily. 

Mr. HOAR. No matter how much time :Lt takes the appropriation 

bill will displace the pending measure, except by unanimous con- sent. You either have to have unanimous consent to lay aside the 

pending measure informally, which you will not get or you have to 

displace it by the appropriation bill. It makes no dHference whether 

it takes five minutes or five seconds, it is an entire waste of time. 

To-morrow, when the Senate gets through with the appropriation 

bill, it will be in order for either of these Senators to call up the bill 

that he wants and proceed with it. Nothing is gained by our spending this time and having a struggle now. I therefore move that we proceed to the consideration of executive business. 

The PRESIDENT pro tempore. The question is on the motion of 

the Senator from Massachusetts. 

The motion was agreed to; and the Senate proceeded to the con- sid&ation of executive business. After ten minutes spent in execu- tive session the doors were reopened, and at (four o'clock and thirty 

minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

THURSDAY, February 23,1882. 

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

F. D. POWER. 

The Journal of Tuesday last was read and approved. 

CORRECTION. 

Mr. ATHERTON'. I rise to make a correction. On Tuesday last I was absent under leave of the House, obtained on last Saturday, and 

I had a pair with my colleague, [Mr. MOREY.] For some reason- ! presume through misapprehension on the part of the Clerk-that 

pair was not read on Tuesday. I desire it to appear in the RECORD 

that I was paired on that day. 

The SPEAKER. The gentleman's statement will go into the RECORD ; and if further correction be needed, it can be made. 

LINCOLl.~ M01<1"'1JMEI\TT ASSOCIATION. 

Mr. ORTH. I ask unanimous consent that the bill (H. R. No. 3210) 

in reference to the trustees of the Lincoln Monument Association be 

taken from the Speaker's table for the purpose of concurring in an amendment of the Senate. 

Mr. HUBBELL. Let the bill be reported. 

The Clerk read as follows : 

Whereas owing to the large number of t.rustees named in the'' Act to incorporate 

the Lincoln Monument Association," approved March 13, 1867, it proves to be im· 

practicable for a m:~tiority of said trustees to meet for the transaction of the busi- ness of said association: Therefore, Be it enacted, et-c., That hereafter five of the trustees of said association, whether 

named in said act or subsequently appointed, shall constitute a legal quorum and 

may exercise all the powers conferred by law upon said association. 

The amendment of the Senate was read, as follows: 

Add to the bill the following: 

"Prcnrided, That each of the said trustees shall be notified by the president or secretary twenty days in advance of any meeting of said trustees." 

There being no objection, the bill was taken from the Speaker's 

table and the amendment of the Senate concurred in. 

Mr. ORTH moved to reconsider the vote by which the amendment 

of the Senate was concurred in; and also moved that the motion to 

reconsider be laid on the table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, an- nounced that the Senate had passed without amendment the bill (H. 

R. No. 2944) authorizing the Lancaster National Bank of Lancaster, 

Massachusetts, to change its location and· name. The message also announced that the Senate had passed a bill (S. 

No. 1233) to amend an act entitled" An act to provide for the con- struction of a marine hospital in the city of Memphis, Tennessee;" in 

which the concurrence of the House was requested. 

RELIEF OF MISSISSIPPI SuFFERERS. 

:.Mr. CHALMERS. I ask unanimous consent to have read the telegram which I send to the Clerk, after which I propose to submit a resolution. 

The Clerk read as follows: 

JACKSON, MISSISSIPPI, February 21, 1882. 

Quitman County overflowed. Thousands of colored people starving. We must have assistance at once. 

W. T. JEMISON. 

Hon. J. R. CHALMERS, Washingron, D. 0. 

Mr. CHALMERS. I ask unanimous consent to present for immediate consjderation a joint resolution, which will be found to be in 

exact accordance with the precedents of the House ofRepresentatives 

established in the Forty-third Congress. 

The SPEAKER. The gentleman from Mississippi asks unanimous 

consent for the present consideration of a joint resolution, which the 

Clerk will read. 

The Clerk read as follows: 

Joint resolution (H. R. No.l43) to provide relief for Mississippi sufferers. 

Resolved by the Se:nate and House of Rep'l'esentatives, &c., That the President of 

the United States be, and he hereby is, authorized and empowered to direct the 

issue temporarily of supplies of food and disused Army clothing sufficient to Jilrevent 

starvation and suffering and extreme want to any and all classes of dest1tute or helpless persons living on or near the Lower MisslSsippi River who have been ren. dered so by reason of the present overflow of the MisslSsippi River. 

The SPEAKER. Is there objection to the present consideration of 

this joint resolution f 

Mr. KASSON. To whom does the resolution give authority f 

Mr. CHALMERS. To the President of the United States. This is an exact copy of a resolution passed in the Forty-third Congress. 

Mr. MARSH. I simply want to ask the gentleman from Mississippi 

why he confines this resolution to people living along the Lower Mississippi River. I see by the dispatches that this oyerflow extends to 

the Ohio and along the Upper Mississippi. I object to the resolution 

in its present shape. 

lli. CHALMERS. I ask the Clerk to modify the resolution by striking out "lower." 

Mr. KASSON. Will the gentleman from Mississippi accept the suggestion that the resolution be referred to the Committee on :.Military 

Affairs with authority to report it back at any timet . Mr. CHALMERS. I will consent to that. 

The SPEAKER. If there be no objection, thejointresolution will 

be considered as read a first and second time, and will be referred ro 

the Committee on Military Affairs, with leave to report it back at any time. 

There was no objection, and it was ordered accordingly. 

DECISIONS OF POINTS OF ORDER. 

Mr. REED. I offer the following resolution: 

Resolved, That the Journal Clerk be directed to compile for the use of the :-douse· all questions of order raised and decided in the CoDliDlttee of the Whole House on1 

the state of the Union on general appropriation and revenue bills from the Fortieth to the Forty.sixth Congress, inclusive, and {be necessary expense incurred forcopying ana indexing the same shall be paid out of the contingent fund of the· House, subject to the approval of the Committee on Accounts. 

1\Ir. Mc~llLLIN. Is there any report on that f 

~Ir. REED. I desire to say it is a proposition simply to compile· the decisions of the chairmen of the Committee of the Whole House on the state of the Union, for a few Congresses, for our guidance in 

the passage of appropriation and revenue bills. It is a very small 

matter, the extra expense, I am informed, amounting to less than 

100. 

Mr. ATKINS. I hope my colleague will not object to it. 

Mr. REED. I have no doubt it is for the advanta.ge of the busi- ness of the House. 

1\lr. HOLMAN. We have not heard it on this side, and I ask that 

the resolution be again reported. 

1\Ir. REED. I am sure that when the House understands the reso- lution there cannot be the slightest objection to it. 

The resolution was again read. 

There was no objection, and the resolution was received a.nd agreed 

to. 

Mr. REED moved to reconsider the vote by which the resolution