168 CONGRESSIONAL RECORD. DECEMBER 21, 

.Delaware [Mr. SAULSBURY] on the ground that a political question 

ought not to be made of this. Why, sir, it is impossible that we can consider it otherwise. It is a political question. This is the 

capital of the nation, and your action in regard to it goes out ~hrough 

. all the avenues and ramifications known to this great Government 

in every one of the States that have an imme<liate at1d direct int.erest 

pertaining to the government of the District of Colnmbia. It can- not be ignored; and how clearly are the positions defined here. In 

the able remarks made the other day by the other SenatOr from Delaware, [1\!r. BAYARD,] he alluded to the fact that he himself was a tax-payer .in this great city, and he seemed to think that the taxpayers and the tax-payers alone were the parties who were properly 

to take this matter into consideration and control it. Mr. President, 

the Constitution of the United States knows no distinction as to taxpayers. It knows the people, and the people only of this nation 

without respect to color. They are all free, for there . are none en- slaved that I am aware of ·now. Then they are all equal upon that 

branch of the subject, and their rights are precis.ely the same. How 

is one to be excluded properly, and in the spirit of the Constitution t 

We know very well that it cannot be, an<l I have no idea that it is 

necessary here to discuss the power of the Government as t.o the legislation that is contemplated. Therefore ! .pass that over. Now, on the score of policy, aside from the absolute rights that 

pertain here, I might instance one fact. It is not infrequent that the 

removal of the capital of this great nation is spoken of. Let the 

tax-payers of the city of Wa.shington take into consideration, as they 

may very well do, that this bill as presented is a fatal stroke to the 

perpetuity of the capital in the city of Washington. So far as a million of colored voters will go, at a very early day when they shall 

speak, I have no hesitancy in saying that they will speak as a unit; 

they would go for any place that might be designated in this broad 

Union rather than the city of Washington, because it had there been 

declared solemnly by act of Congress that the lllack man had no right to vote, had no suffrage. They would visit their revenge, if 

you please to call it so, on the citizens of this great capital for 

excluding them from that right. 

Why, sir, the stand-point-and it is a very prominent one-taken 

by the dist.ingnished Senator from Delaware [Mr. BAYARD] the other 

day was that of a tax-pa.yer. Now, the tax-payers are very conspicu- ous throughout this Union, particularly in the South. There are the 

tax-payers the white-leaguers. What are they doing f They are regulating everything in their own way, and that is the text and the 

pretext, and they are carrying it out in every sense of the word with a deterntination that had better be checked, for the perpetuity of this 

Union, in my humble opinion, at the very earliest day. 

Now, sir; let it be known that the colored men of the city of 

Washingt{)n have no right to vote, are excluded from suffrage, and it 

will go broadcast throu~hout the South in an instant and every State 

in the South will avail1taelf of that sweet spice, and they will look 

upon it as a precedent, and at a very.early day they will live up to 

it. It will grow, and it will continue to grow, I have no hesitancy in 

saying. It is all-important that that privilege should be extend-ed to 

the American citizen in the city of Washington let him be whit~, 

yell9w, black, or as the case may be; and then it will flow out upon 

equal principles throughout this great Union. I would have been 

gratified if the distinguished Senator from In<liana had gone a little 

further in this amendment. Perhaps the period has not yet arrived 

in our history when it will succeed; but I have no hesitancy in saying that the day is not distant when it will. I should have been 

gratified if he had included the women too, and let the ball of woman suffrage start out from the national capitaL It is due to the 

nation, and I believe the day is not distant when it will be recognized and become the law of the land. I woulcl have been very 

much gratified to see it start here to-day. I hope for the good of the 

nation, in every sense of the word, that this amendment will be 

accepted, and I think it will do much good. · :M.r. llERRIMO~ obtained the floor. 

Mr. WEST. If it will not inconvenience the Senator to-day, I 

should like to ask for an executive session. 

Mr. 1tiERRIMON. I have no objection: 

The PRESIDING OFFICER. The Senator from Louisiana moves tbat the Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After twelve minutes spent in exec- utive session the doors were reopened, and (at two o'clock and ten 

minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

·MoNDAY, December 21, 1874. 

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

J. G. BUTLER, D. D. 

The Journal of Friday last was read and approved. 

ORDER OF BUSTh""ESS. 

The SPEAKER. This being Monday, the first business in order is 

the call of the States and Territories, beginning with the State of 

Maino, for the introduction of bills and joint resolutions for refer- ence to their appropriate committees, not to be brought back on 

motions to reconsider. Under this call memorials andre o1utions of 

State and territorial Legislatures ma;y be presented for r ference and 

printing. The . morning hour begins at seven minutes after twelve 

o'clock. CHARLES F. LARRABEE. 

Mr. BURLEIGH introduced a bill (H. R. No. 4043) authorizing the 

Pre i.dent to reappoint Charles F. Larrabee a first lieutenant in the 

United States Army; which wa.s read a first and secoml time, re- ferred to the Committee on Military Affairs, and ordered to be printed. 

OFFICERS OF THE CIVIL SERVICE. 

Mr. FRYE introduced a bill (H. R. No. 4044) makinS!' valicl the as- sigJ;UDent of the pay of officers and employes in the civil service of the 

United States; which·was read a first and second time, referred to the 

Committee on the Judiciary, and orde~ed to be printeir. 

DR. JOHN R. BIGELOW. 

Mr. POLAND introduced a bill(H. R. No. 4045) for the relief of Dr~ 

John R. Bigelow; which was read a first and second J.ime, referred 

to the Committee on War Claims, and ordered to be prmted . 

PUBLICATIO~ OF TREASURY ACCOUNTS. 

Mr. DAWES introduced a bill (H. R. No. 4046) providing for the 

publication of the Treasury accounts; which was read a first and sec- ond time, referred to the Committee on Ways and Means, and ordered · to be printed. 

RIVER AND HARBOR DfPROVE~mNTS. 

Mr. PENDLETON introduced a bill (H. R. No. 4047) for the improvement of Pawcatuck River, R4odelsland; which was read a first 

and second time, referred to the Committee on Commerce, and or- dered to be printed . . He also introduced a bill (H. R. No. 4048) continuing the improvement of Wickford Harbor, Rhode Island; which was read a first and 

second time, referred to the Committee on Commerce, and ordered to 

be printed. 

INTERNAL-REVENUE TAXES, ETC. 

Mr. EAMES introduced a bill (H. R. No. 4049) in relation to internal-revenue taxes. and duties on imports; which was read a first and 

seconcl time, referred to the Committee on Ways and Means, and 

ordered to be printed. 

NORWICH .lli''D 1\"EW YORK TRANSPORTATIO~ OOMPA.~. 

Mr. STARKWEATHER introduced a bill (H. R. No. 4050) for the 

relief of the Norwich and New York Transportation Company; which wa.s read a first and second time, referred to the Committee on War 

Claims, and ordered to be printed. 

IMPROVEMENT OF HARBORS, ETC. 

'Mr. BARNUM introduced a bill (H. R. No. 4051) to continue the improvements in the harbor of Norwalk, Connecticut; which was read a. first ancl second time, referred to the Committee on Commerce, and 

ordered to be printed. 

He also introduced a bill (H. R. No. 4052) for the improvement of 

the harbor of Bridgeport, Connecticut; which was read a first ::mel 

second time, referred to the Committee on Commerce, and ordered to 

be printed. 

He nlso introduced a bill (H. R. No. 4053) to repair and preserve the 

breakwater and piers at the entrance to the harbor of Southport, 

Connecticut ; w4ich :was read .a first and second time, referred to the 

Committee on Commerce, and ordered to be printed. 

SIGXAL SERVICE. 

Mr. CROOK introduced a bill (H. R. No. 4054) to provide for the 

signal service; which was read a first and second time, referred to 

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

J, GALWAY AND T. BRUGUIER. . 

Mr. MERRIAM introduced a bill (H. R. No. 4055) for the relief of 

John Galway and Theophila Bruguier; which was read a, first and 

second time, referred to the Committee on Indian Affairs, and ordered 

to be printed. 

PUBLIC BUILDING AT AUBUfu~, NEW YORK. 

Mr. MAcDOUGALL introduced a bill (H. R. No. 4056) for the erec- tion of a public building at Auburn, New York; which was read a 

first and second time, referred to the Committee on Public Buildings 

and G~ounds, and ordered to be printed. 

COLLECTION DISTRICT IN NEW JERSEY. 

Mr. SCUDDER1 of New Jersey, introduced a bill (H. R. No. 4057) 

to make a collection distric in the State of New Jersey; which was read a first and second time, referred. to the Committee on Ways and 

Means, and ordered to be printed. 

'MATHILDA REIDmBURG. 

Mr. SCUDDER, of New Jersey, also introduced a bill (H. R. No. 4058) 

grantiug a pension to Mathilda. Renneburg, widow of Captain George 

R. Renneburg, deceased ; which was read a first and second time, re- ferred to the Committee on Invalid Pensions, and ordered to be printed. 

ISL.Al\"'D OF NAVASSA.. 

Mr. KELLEY introduced. a bill (H. R. No. 4059) in relation to the 

occupancy of the island of Navassa; which was read a first and sec- ond time, referred to the Committee on Foreign Affairs, and ordered 

to be printed. 
1874. CONGRESSIONAL RECORD. 169 

THO"!\!AB IIASLEM. relief of John W. Frazee; which waa read a first and second time, 

Mr. ALBRIGHT introduced a bill (H. R. No. 4060) for the relief·of . referred to the Committee on War Claims, and ordered to be printed. 

Thomas Haslem; which wa read a first and second timo! referred to ORLANDO II. Ross. 

the Committee on Invalid Pensions, and ordered to be pnnted. Mr. SMITH, of Ohio, also introduced a bill (H. R. No. 4077) for the , 

THE PENSIOX LAWS. relief of Orlando H. Ross; which was read a first and second time, 

Mr. ALBRIGHT also introduced a bill (H. R. No. 4061) amendatory referred to the Committee on Invalid Pensions, and ordered to be 

of the pension laws; which was read a first and second time: referred printed. REMOVAL OF CAUSES FRoM STATE COURTS. 

to the Committee on Invalid Pensions, and ordered to be prrnted. 

CHARLES S. REMDIGTO:N. 

Mr. RICHMOND introduced a bill (H. R. No. 4062) for the relief of 

Charles S. Rm:nington:; which was read a first a~d seco~Hl time, re- ferred to the Committee on Claims, and ordered to be pnn_ted. 

MRS. ESTELLA L. WOOD. 

Mr. TODD introduoed a bill (H. R. No. 406:3) to increase the pension 

of Mrs. Estella L. \Vood; which was read a first and secon<l time, 

referred to the Committee on Invalid Pension , and ordered to be 

printed. 

LAWRENCE GROSS. 

Mr. MAGEE introduced a bill (H. R. No. 4064) granting a pension 

to Lawrence Gross; which was read a first and second time, referred 

to the Committee on Invalid Pensions, and ordered to be printed. 

TRADE-MARKS AND LABELS. 

Mr. ARCHER introduced a 'bill (H. R. No. 4065) to amend the 

statutes relating to trade-marks and labels; which wa.s read a first 

and second time, referred to the Committee on Patents, and ordered 

to be printed. 

JOHN W. RILEY. 

Mr. ARCHER also introduced a bill (H. R. No. 4066) for the relief 

of John W. Riley j which was read a first and second time, referred 

to the Committee on War Claims, and ordered to be printed. 

DANIEL WEISELS. 

Mr. LOWNDES introduced· a bill (H. R. No. 4067) for the relief of 

Daniel Weisels, of Maryland; which was read a first a.ndsecond time, 

referred t~ the Committee on War Claims, imd ordered to be printed. 

GEORGE W. SPATES. 

Mr. LOWNDES also introduced a bill (H. R. No. 4068) for the relief 

of George W. Spates; which was read a first and second time, referred 

to the Committee on War Claims, and ordered to be printed. 

GEORGE 8. RALEY. 

Mr. LOWNDES also introduced a bill (H. R. No. 4069) for the relief 

of George S. Raley; which was read a first and second time, referred 

to the Committee on War Claims, and ordered to b~ printed. 

ADELINA S. BLICKS. 

Mr. STOWELL introduced a. bill (H. R. No. 4070) for the relief of 

Adelina S. Blicks; which wa-s read a first and second time, referred 

to the Committee on War Claims, and. ordered to be printed. 

PROTECTION OF ELECTORS~ ETC. 

Mr. WIDTELEY introduced a bill (H. R. No. 4071) to protect the 

electors and prevent frauds in congressional elections, and for other 

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

Committee on the Judiciary, and ·ordored to be printed. 

LOCATION OF LA.l."'ID SCRIPS. 

Mr. MOREY introduced a bill (H. R. No. 4072) defining the manner in which certain land scrips may be located; which was read a first 

and second time, referred to the Committee on Private Land Claims, 

and ordered to be printed. · 

JOSEPH R. SHANNON. 

Mr. SHELDON introduced a bill (H. R. No. 4073) for the relief of 

Joseph R. Shannon, of Louisiana; which was read a first and second 

timo, refe1Tcd to the Committee on War Claims, and ordered to be 

printed. · 

AG:NES E. FRY. 

. Mr. SHELDON introdoeed a bill (H. R. No. 4074) for the relief of 

Mrs. A~;.ues E. Fry; which was read a first and second time, referred 

to the tJommittee on Invalid Pensions, and ordere4 to be printed. 

LOUISIA..."iA WAR CLAIM. 

· Mr. SHELDON also introduced a joint resolution (H. R. No. 130) 

providing for the payment of State military indemnity warrants No. 

1 and 2, representing the military indemnity claim of the State of 

Louisiana against the United States for expenses incurred in causing 

to be organized and clisciplined for a-ctive service a regimAnt of State 

troops to aid in the enforcement law for the reconstruction service 

of the United States, pending the reconstruction of Louisiana in 1866 

and 1867; which was read a first and second time, referred to the 

Committee on War Claims, and ordered to be printed. 

E. G. PENN. 

1\fr. SMITH, of Ohio, introduced a. bill (H. R. No. 4075) for therelief of E. G. Penn; which was referred to the Committee on War 

Claims, and ordered to be printed. 

Mr. WOODWORTH introduced a bill (H. R. No. 4078) to prohibit the removal of causes froxp. 'State to United States courts upon 

application of parties after appearance in Stat.e courts, except in cer- tain cases; which wa read a first "and second time, referred to the 

Committee on the Judiciary, and ordered to be printed. 

1\!ARY D. JONES. 

Mr. WOODWORTH also introduced a bill (H. R. No. 4079) gra;ting a pension to Mary D. Jones, widow of Isaac D. Jones, deceased; which was read a first and second time, referred tO the Committee on Invalid Pensions, and ordered to be printed. 

LIMITATION OF CLADIS AGAL"iST THE UNITED STATES. 

Mr. LA WRENdE introduced a joint resolution (H. R. No. 131) 

proposing an amendment to the Constitution of the United States, 

(limiting the time for·presenting claims against the United States, 

&c.;) which wa.~ read a first and second time, referred to the Committee on War Claims, and ordered to be printed. 

O. P. NORRIS. 

.Mr. SHERWOOD introduced a bill(H. R. No. 4080)fortherelief of 

0. P. Norris, One hundred and eleventh Ohio Volunteers; which was rea{l a first and second time, referred to the Committee on War 

Claims, and ordered to be printed. 

JOHN KIRK. 

Mr. DANFORD introduced a bill (H. R. No. 4081) to remove disability from .John Kirk, late second lieuteuent, Company E, Ninetysecond Ohio Volunteer Infantry; which was read a first and second 

time, referred to the Committee on l\Iilitary Afl'airs, and ordered to · be printed. 

WILLIAl\1 SPRIGGS. 

Mr. DANFORD also introduced a bill (H. R. No. 40~2) to remove disability from William Spriggs, late of Company H, On~ hniidred 

and sixteenth Ohio Volunteers; which was read a first and second · time, referred to the Committee on Military Affairs, and ordered to 

be printed. 

WILLIAM WATTS. 

Mr. ·!RTHUR introduced a bill (H. R. No. 4083) to refund to Wil1-

iam Watts, of t.he county of Boone, and Sta.teof Kentucky, the sum of $5,610, illegally taken and received -from him and paid into the. 

Treasury of the United Statea by the collector of internal revenue for 

the sixth Kentucky district, in excess of the amount of lawful tax collected upon the sale of 28,031 pounds of manufactured tobacco on the 

28th day of June, 1864; which was read a first and second time, re- ferred to the Committee on Claims, and ordered to be p1inted. 

UNITED STATES MARSHALS. 

Mr. ATKINS introduced a bill (H. R. No. 4084) further defining the 

duties of United States marshals; which was read a first and second 

time, referred to the Committee on Ways and Means, and ordered to 

be pri~ted. 

CUMBERLAND RIVER, TE~"'NESSEE. 

Mr. HARRISON introduced a bill (H. R. No. 4085) to continue the 

improvement of the Cumberland River, in ihe State of Tennessee; 

which was read a· first and second time, referred to the Committee on Commerce, and ordered to be printed. · 

AB~~ONED PROPERTY. 

Mr. WARD, of illinois, introduced a bill (H. R. No. 4086) to amend an act entitled "An act to provide for the collection of abandoned 

property a::1d for the prevention of frauds within the United States ;" 

which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. • 

JACKSON LA VE.NBURY • 

.Mr. HYDE introduced a. bill(H.R.No.4087) forthereliefofJackson 

Laven bury; which was read a first and sec~nd time, referrecl t.o the . Committee on Claims, and ordered to be printed. 

IMPUOVEME...-.qT OF MISSISSIPPI RIVER. 

Mr. WELLS introduced a bill (H. R. No. 40 ) for the improvement of the 1\fississippiRiver, between the monthaof the Missorui and 

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

Committee on Commerce, and ordered to be printed. 

FIFTEENTH AND SIXTEENTH 1\IISSOURI CAVALRY. 

Mr. HAVENS introduced a bill (H. R. No. 4089) for the relinf of 

the Fifteenth ancl Sixteenth Mi8souri Cavalry Volunteers; which was read a first and second time, referred to the Committee on Militar)' 

Affairs, and ordered to be printed. 

. Wll,LIAM M. NEICE. 

JOHN w. FRAZEE. .Mr. HA -yENS als~ introduced a bill (H. R. No. 4090) for the relief 

Mr. SMITH, of Ohio, also introduced a bill (H. R. No. 4076) for t~e ,of William M. Neice, late second lieutenant Company I, Sixth Mis-
170 CONGRESSIONAL RECORD. DECEl\IBER 21' 

s'luri Cavalry Volunteers; which was read a. first and second time' 

referred to the Committee on Military Affairs, and ordered to be 

printed. 

MICHAEL C. HE~"'DERSON. 

Mr. HAVENS also introduced a bill (H. R. No. 4091) for the relief 

of :Michael C. Henderson, of Barry County, Missouri; which was read a first and second time, referred to the Committee on Military Affairs, 

and ordered to be printed. 

ELl\URA C. CRA VATH. 

Mr. WILLARD, of Michigan, introduced a bill (H. R. No. 4092) 

granting a pension to Elmira. C. Qravath; which was read a first and 

second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

HOWELL H. TRASK. 

:Mr. WILLARD, of Michigan, also introduced a bill (H. R. No. 4093) 

for the relief of Howell H. Tra k; which was read a first and second 

time, referred to the Committee on Military Affairs, and ordered to be 

printed. 

MICIDGAN INTERNAL IMPROVEMENTS. 

Mr. HUBBELL introduced a bill (H. R. No. 4094) to provide for 

the construction of a light-house at Passage Island, Lake Superior; 

which was read a first and second time, referred to the Committee on Commerce, and ordered to be printed. _ He also introduced a bill (H. R. No. 4095) for the construction of 

range-lights at Eagle Harbor,. Lake Superior; which was read a first 

and second time, referred to tlie Committee on Commerce, and ordered 

to be printed. 

Ho also introduced a bill (H. R. No. 4096) to provide for the con- struction of a light.-house at Stannard Rock, Lake Superior; which was read a first and second tim~, referred to the Committee on Commerce, and ordered to be printed. 

He also introduced a bill (H. R. No. 4097) to provide for the con- struction of a light-house at Landlsland, Lake Superior; which waM 

read a first and second time, referred to the Committee on Commerce, 

and ordered to be printed. 

SAMUEL W. ABBOTT. 

Mr. HUBBELL also introduced a bill(H. R. No. 4098) for the relief 

of Samuel W. Abbott, postmaster at Menomonee, Michigan; which was read a first and second time, referred to the Committee on Claims, 

and o1·dered to be printed. 

JUDICIAL DISTRICT IN MICIDGAN. 

Mr. HUBBELL also introduced a bill (H.R. No. 4099) to divide the 

State of Michigan into three judicial districts, and to establish the 

northern district of Michigan; which was read a first and second 

time, referred to the Committee on the Judiciary, and ordered to be 

:grin ted. 

MICIDGAN L.VfER..""'iAL IMPROVEMENTS. 

Mr. BRADLEY introduced a bill (H. R. No. 4100) malring appropriation for continuing the improvement of Saginaw River, in the State 

of l\lichigan; which was read a first and second time, referred to the 

Committee on Commerce, and ordered to be printed. 

He also introduced a pill (H. R. No. 4101) making appropriation 

for improving the mouth of the Pine River, at its entrance into the 

Saginaw Bay, in the State of Michigan; wllich was read a first and 

second time, referred to the Committee on Commerce, and ordered to 

be printed. 

He also introduced a bill (H. R. No. 4102) making appropriation 

for continuing the improvement of the Sheboygan River, in the State 

of Michigan;. which was read a first and second time, referred to tho 

Committee on Commerce, and ordered to be printed. 

IMPROVEMENT OF GALVESTON HARBOR. 

Mr. WILLIE introduced a bill (H. R. No. 4103) making appropriation to continue the improvement of the harbor of Galveston, Texas; 

which was read a first and second time, ref~rred to the Committee on Commerce, and ordered to be printed. 

JENNIE S. BURK. 

:Mr. GIDDINGS introduced a bill (H. R. No. 4104) for the relief of 

JennieS. Burk, late widow of James B. McClosky, deceased; which was read a first and second time, referred to the Committee on Clain1s, 

and ordered to be printed. 

J. H. LOOBY. 

Mr. KASSON introduced a bill (H. R. No. 4105) increasing the pension of James H. Looby; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. 

UTILIZATION OF WATER-POWER. 

Mr. McCRARY introdnceda bill (H. R. No. 4106) to provide for utilizing certain water-powers; which was read a first and second time, 

refened to the Committee on Commerce, and o~dered to be printed. 

JAMES 1\1, SMITH, OF IOWA. 

Mr. LOUGHRIDGE introduced a bill (H. R. No. 4107) for the relief 

of J.l\1. Smith, of Davis County, Iowa; which was read a first and 

second time, rofened to the Committee on the Post-Office and PostRoads, and ordered to be printed. 

GEORGE H. S:\IITH. 

Mr. LOUGHRIDGE also introduced a bill (H. R. No. 4108) granting a. pension to George H. Smith, late sergeant Company A, Seventh Iowa 

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

Committee on Invalid Pensions, and ordered to be printed. 

RESTORATION OF INCOME TAX. 

Mr. LOUGHRIDGE also in~roduced a bill (H. R. No. 4109) to restore 

the tax on incomes; which was read a first and second time, referred 

to the Committee on Ways and Means, and ordered to be printed. 

HIRAM T. LOVE. 

Mr. WILSON, of Iowa, introduce(l a bill (H. R. No. 4110) for the 

relief of Hiram T. Love; which was read a first and second time, 

referred to the Committee on War Claims, and ?rdered to be printed. 

HERMAN NETTLEFIELD, 

Mr. McDILL, of Wisconsin, introduced a bill (H. R. No. 4111) 

granting a. pension to Herman Nettlefield; which was read a first 

and second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

G. W. LA POINTE. 

Mr. McDILL, of Wisconsin, also introduced a bill (H. R: No. 4112) grantin~ a pen~ion to G. W. La Pointe; which was read a first and 

second ttme, referred to the Committee on Invalid Pensions, and or- dered to be printed. MARY E. COOLIDGE. 

. Mr. CLAYTON in~duced a .bill (H. R. No. 4113) granting a pen- swn to Mary E. Coolidge; wh1ch was read a first and seconrl time, 

roferred to the Committee on Invalid Pensions, and ordered to be 

printed. 

CAPTAIN C. EDWARD DAVIS. 

Mr. AVERILL introduced a bill (H. R. No. 4114) for the relief of 

Captain C. Edward Dnvis, Hancock's Veteran Corps; which was read a first and second time, refeiTed to tho Committee on Military Affairs, 

and ordered to be printed. 

FRANK A. PAGE, UNITED STATES ARMY. • 

Mr. AVERILL also introduced a bill (H. R. No. 4115) to authorize 

the restoration of Frank A. Pa~e to the rank of second lieutenant in .the Army; which was read a. first and second time1 referred to the 

Committee on Military Affairs, and ordered to be prmted. 

OREGON CE~RAL PACIFIC RAILWAY. 

Mr. NESMITH introduced a. bill (H. R. No. 4116) to provide for the 

construction of the Oregon Central Pacific Railway and Telegraph 

line; which was read a first and second time, referred to the Committee on Railways and Canals, and ordered to be printed. 

LAKE TRAVERSE LAND DISTRICT, DAKOTA, 

Mr. ARMSTRONG introduced a bill (H. R. No. 4117) to create the 

Lake Traverse Land district in Dakota; which was read a. first and 

second time, referred to the Committee on the Public Lands, ancl or- dered to be printed: 

DAKOTA VOLUNTEERS. 

Mr. ARMSTRONG also introduced a bill (H. R. No. 4118) making 

appropriation to pay the sums found due to Dakota volunteers by tho 

audit of Inspector-General Hardie; which was road a first and second 

time, referred to the Committ-ee on Appropriations, and ordered to be 

printed. 

PATENT FOR LAND L.~ ARIZONA. 

Mr. McCORMICK introduced a bill (H. R. No. 4119) authorizing 

the Commissioner of the General Land Office to grant a. patent for 

certain land in the Territory of Arizona; which was read a first and 

second time, referred to tho Committee on the Public Lands, and 

ordered to be printed. 

CALL OF STATES FOR RESOLUTIONS. 

The SPEAKER. The States having heen called through for bills on leave and joint resolutions, they will now be calle<l for resolutiouM. 

Resolutions are in order from the State of Alabama. 

SAFE-BURGLARY INVESTIGATION. 

Mr. BROMBERG. I have been requested to offer the resolution 

which I send to the desk, and on it I call the previous question. . The Clerk read as follows: 

Resolved, That a selec~ committee of five members of the Honse be appointed by the S})E!aker to inquire whether any officer or official of the Government of tho 

United States or of the District of Columbia, or person or persons in the employ of 

the Government of the United States or of said District~ or other person or persons, 

has or have used any means to obstruct the administration of the law in said District, and especially with reference to the recent trial and other proceedings in the 

so-called safe-burglary conspiracy. That said committee shall have power to send 

for persons and papers, to admimsteroaths, to sit duriDg the sessions of the Hollile, 

shall report what, i£ any, action is necessary to be taken by the House in the 

premises aforesaid and in regard to said case, and shall have leave to report at any time . 

Mr. DAWES. I object to that resolution. 

The SPEAKER. The gentleman from Alabama moves there olntion and ou it demands the previous question. Does the gentl01mm. from :Massachusetts make any point of ortler un H! 

Mr. DAWES. I do not. 
1874. CONGRESSIONAL RECORD. 171 

On the question of seconding the previous question a. vote by sound was taken, and the Speaker declared that the ayes had it. 

Several MEMBERS. Furtht}r co~t. 

The SPEAKER. A further count being demanded, the vote will be 

taken by tellers, and the Chair u.ppoints aa tellers the gentleman from 

Vermont, Mr. HENDEE, and the gentleman from .Alabama., Mr. BROMBERG. 

The.House divided; and the tellers reported-ayes 74, noes 80. 

So the previous question was not seconded. 

Mr. DAWES. I rise to debate the resolution. 

Mr. RANDALL. I ~:,rive notice that ou next Monday the same reso- lution will be offered. 

The SPEAKER. It is not in order to give such notice during the 

morning hour. The gentleman from Massachusetts having risen to 

debate the resolution, it goes over. Reeolutions are still in order from 

the State of Alabama. 

CONGRESSIO.N"AL ELECTION IN ALABAMA. 

Mr. HAYS. I offer the following preamble and resolutions, and on them demand the previous question: 

Whefi'.as, at the recent election for Representath·es to Congress in the State of 

Alabama. and during the canvass which preceded said election, FeJeral sol(liers were stationed in several counties in said State by order of tho President of the 

United States; and whereas information had been received by the President that 

intimidation and threats, violence, murder, and assassination hn.d been resorted to in 

said State for the purpose of preventing electors from voting ; and whereas these 

allegations have been denied by n. ~rtion of the press of Alabama and correspond. ents of northern newspapers, and 1thas been stated by them that there wa,s no in· 

timid:i.tion or threat, or vwlence of any kind for the purpose of deterring or influencing voters at such election and it has been charged by them th..'lt saicl troops were sent to Alabama to intimidate and overawe electors, and prevent the free exercise 

of suffrage by such at said election: Therefore 

Be it resoltJed, That a committee of five members of this House be appointed by 

the Speaker to go to Alabama. to take testimony and investigate said charges anrl counter charges, and to report the same to the House of Representativ~?s; and that 

saidcommitteebeempoweredtoinquireintoallthefacts relativethereto, and partic- ularly to investigate and inquire whether any murders or assassinations or any other nets of violence were.committed in said State at said election or while the contest for the sa,me was pending; if so, by whom and npon whom committed, where and at what time; what were t11e known or supposed political sentiments of the parties respectively, and the motives which influenced them ; to nscert.ain whether:my means on.efforts were used to constrain suffrage, or whetherpeMeable and legal as- semblies wero interrupted or dh•turbed by armed forces or by violence in said 

State, and to inqniro and nscert:tin whether the Federolsoliliers int~rfered with or in any manner whatever attemptecl to interfere with tho free exercise of suffrage 

during said election1 and to report the same to the House of Representatives. 

Resolved, That sm.d committee shall have power to send for a.ml enforce the at. tendance of persons and compel the production of papers, and tenuer oaths to any one examined before or by them, to employ n. clerk n.nd stenographer, and to report at any time. 

Mr. GARFIELD. I desire to ask the gentleman from Alabama a question, whether the allegations set forth--

The SPEAKER. The resolution is not debatable. 

Mr. SPEER. I desire to a~k whether it is not au unusual power 

to ~i ve a committee to enforce the attendance of witnesses' 

'I he SPEAKER. The question is not debatable. The gentlema.n 

from Alabama demands the previous question on the preamble and 

resolutions. 

.Mr. CALDWELL. I as~ that the preamble may be again read. 

The preamble was again read. 

Mr. COX. I wish to inquire whether the preamble cannot be sep- arated from the resolution t 

The SPEAKER. That question will arise after the previous question is seconded. 

Mr. BECK. I desire to- make a parlia.mentary inquiry: Whether 

the duties of the select committee appointed the other day by the 

Chair do not cover this matted · The SPEAKER. That would not be a parliamentary inquit'y. The 

Chnir really would not know how to answer it. The question is on seconding the demand for the previous question. 

Mr. MAYNARD. Before the question is submitted, I ask the Clerk 

to report again that portion of the resolution which rela.tes to the 

sending for persons and papers. · The Clm·k read as follows : 

· That the said committee shall have power to send for and enforce the attendance 

of persons, and cotnpel the production of papers and tender oaths to any one ex.'l.mined by or before them, to employ a clerk n.nd stenographer, n.nd to report. at any time. 

Mr. MAYNARD. I would suggest to the gentleman from .Alabama 

that the Ia.ngua 6 e of the resolution be modified so M to be in the 

usual form in regard to sendin~ for persons and papers, the words 

" enforce the att~ndance of" bemg left out. 

Mr. HAYS. I accept the gentll'>man's suggestion, and will modify 

the resolution accordingly. . Mr. RANDALL. I ask the gentleman to modify the resolution so that the committee shall also inquire as to the manner of the distribution of rations heretofore voted by this Congress for the people of 

Alabama.. · 

Mr. HAYS. .A resolution has already passed the House, offered by 

my colleague, for the investigation of that matter. I have no objee- tiun to tmch an investiga.tion in the world. 

Mr. RANDALL. I would like that to go to the same committee. 

b it understood that the ~entlema.n accepts that modification t 

:Mr. HAYS. Not at all. I call for the previous question. 

The SPEAKER. The moilifica.tion suggested by the gentleman 

from Tennessee [Mr . .MAYNARD] has been made; and the resolution 

is now in t-he usual form in regard to sending for persons and p!lpers. 

The question is on seconding the demand for the previous question, 

and the Chair appoints as tellers the gentleman from Alabama, Mr. 

HAYS, aud the gentleman from Pennsylvania, Mr. SPEER. 

Mr. SPEER. I am not opposed to .the resolution. 

The SPEAKER. The Chair will take the gentleman's count. 

The House divided; and the tellers reported ayes 112. 

The SPEAKER. The tellers report 112 in the affirmative. Is 

further count demanded f 

Mr. SPEER. I do not desire further count. 

Mr. BECK. I want further count. I want to see how many are disposed to hide this matter as they have hid up the other. 

'l'he SPEAKER. The gentleman has no right to debate the ques~ 

tion. 

Mr. BECK. I have a right to a fnrther count. 

The SPEAKER. But not a right to debate. 

Mr. BECK. The Chair was accepting the count without the negative vote having been taken. 

The SPEAKER. The Chair assumed that as the affirmative vote was so overwhelming no further vote was required. The gentleman 

who as teller represented the side of the House on which the gen t1e- man from Kentucky sits ma.de the usual signal that no further count was demanded; and the Chair does not think it very becoming in 

the gentleman from Kentucky to demand further count and not to 

vote himself. 

Mr. BECK. I voted for the resolution. I vote for all investigations. Can members on the other side of the House say as much f 

Mr. BUTLER, of Ma&Sachusetts. We only vote for all proper 

in vesti~ations. 

The SPEAKER. The Chair is not allowed to debate the question 

with the gentleman from Kentucky. Does the gentleman insist upon a further count f 

Mr. BECK. There appears to be no one to count. 

The SPEAKER. The Chair took the statement of the teller on the gentleman's side that no further count was demanded. 

Mr. SPEER. I stated that no furthel' count was necessary. 

The SPEAKER. The Chair therefore does not accept the criticism 

of the gentleman from Kentucky. The report of the tellers is 112 in 

the affirmative and 3 in the negative. 

Mr. SPEER. I want the rec~d to show that I was not opposed to 

the resolution myself. 

So the previous question was seconded, and the main question was then ordered. 

Mr. COX. I ask for a division of the question ·upon the resolution 

and preamble. 

The SPEAKER. The question, then, will be taken :first upon the 

resolution. 

Ths question was taken, and the resolution was agreed to. 

The question recurred on agreeing to the preamble; and being put, 

there were· on a division-ayes 114, noes 69. - So tho preamble was agreed to. 

Mr. HAYS moved to reconsider the votes by which the resolution 

and preamble were severally agreed to; and also moved that the 

motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ARMY OFFICERS IN SOUTHERN STATES. 

Mr. CALDWELL. I offer the following resolution, upon which I 

demand the previous question : 

Ruolved, That the Secretary of War be, and lie is hereby, directed to inform this 

House whether any commissioned officer of the United States Army, while on duty 

in any of the Sonth!lrn States, has received or attempted to procure payment of 

any money or other valuable consideration from the Legislatures of any of said 

States, or en·deavored to procnre le~slation to that effect as a. compensation or re- ward to him for services performed m the line of his duty as an officer of the Army or otherwise; and whether a.ny such officer, while so stationed and on dnty, has 

boon admitted to practice at the bar of any of said States, n.nd has actually practiced thereat for his personal emolument, while receiving pay as an officer of the 

Army, n.nd whether su~h officer is now an officer of tJre Army. 

Mr. GARFIELD. I desire to know if the gentleman hM any facts 

upon which this resolution is based t 

Mr . .MAYNARD. I make the point of order that the gentleman 

from Alabama [Mr. CALDWELL] has already offered a resolution under this call. 

Mr. CALDWELL. Not to-day. 

The SPEAKE.R. The gentleman from Tennessee makes t.he point of 

order that the gentleman from .Alabama has already offered a resolution under this call. The Journal shows that he ofl'ered a resolution on Monday last. 

Mr. YOUNG, of Georgia.. He has. certainly offered no resolution 

to-day. 

The SPEAKER. But he offered a resolution under the same call on :Monday la-st. • 

ELECTION OF PRESIDENT AND VICE-PRESIDENT. 

Mr. WHITE submitted the following resolution; which was read, 

considered, and agreed to : 

Raolved, That the Committee on Elections have leave to report upon the joint 

resolution a.ruending the Constitution in respect of the election of President nnd 

Vice-President and the return n.nd counting of the electoral >otes n.t any ¥roe. 
172 CONGR.ESSION.AL RECORD. DECEl\1BER 21 ~ 

AR)IY OFFICERS IN SOUTHERN STATES. 

1\Ir. SLOSS. I offer the following resolution, upon which I call the 

previous question: 

Resolved, That the Secretary of War be, and he is h!Jreby, directed to ~form 

this llouse whether any commi ione(l officer of the Umted States Army, while on duty in any of the Southern States, has recei.-ed or attempted to procure payment of any money- or other valuable consideration from the Legislature of any of said 

States, or endeavored ~ procure leg?.s~ation ~ that e;trect as a compensation or reward to him for semces performeu m the line of his duty as an officer of the 

.Army or otherwise; and whether any such officer, while so stationed and on duty, 

has been admitted to :practice at the bar of any ?f said ~~tes, and has actually prn.cticed thereat for his personal emolument, while rece1vmg pay as an officer of 

the .Army, and whether such officer is now an officer of the .Army. 

Mr. KASSON. Cannot the gentleman name the officer who has 

committed the alleged offense f . 

Mr. YOUNG, of Georgia. I will leave it to the Secretary of War. 

I desire to name no man. .Mr. GARFIELD. Who is itT 

Mr. YOUNG, of Georgia. I will state who it is. It is Major Merrill. 

The question was upon seconding the previous question; and being 

put, no quorum voted. 

Tellers were ordered; and Mr. KAssoN and Mr. SLoss were appoint.ed. 

The House divided; and the tellers reported ayes 65, noes 105. 

So the previous question was not seconded, and the resolution was laid over. HOLIDAY RECESS. 

Mr. DAWES. I desire now to call up the resolution providing for a recess for the holidays. 

The SPEAKER. Before entertaining that question the Chair will 

receive bills for reference from gentlemen who were absent at the 

time their States were called. · 

JOIL.'I KIER~AN. 

Mr. STANARD, by un::mimons consent, introduced a bill (H. R. No. 

4120) for the relief of John Kiernan; which was read a. first and 

second time, referred to the Committ.ee on CL'lims, and ordered to be 

printed. ~~ T. MARTIN. 

lli. PACKER, by unanimous consent, introduced a bill (H. R. No. 

4121) for the relief of William T. Martin; which was read a first and 

second time, referred to the Committee on Military Affairs, and 

ordered to be printed. 

ELIZA HOWARD POWERS. 

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

4122) for the relief of Eliza Howard Powers; wl1ich was read a first 

and second time, refeJTed to the Committee on Invalid Pensions, a.nd 

ordered to be printed. · JOHN DALTON. 

Mr. CASON 1ntrodnced a bill (H. R. No. 41;23) granting a pension to 

John Dalton, of Tippecanoe County, Indiana.; which was read a first 

and second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

MARMADUKE ~'. S:l\liTH. 

Mr. CLEMENTS introduced a bill (H. R. No. 4124) granting a pen· 

sion to Marmaduke F. Smith; which was re..'td a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. 

CARPENTER'S PA.Th'T.lliG-" PROCLAMATIO~ OF E:\IANCIPATIO.N." 

Mr. DUELL introduced a joint resolution (H. R. No.132) to authorize the purchase of Carpenter's painting known as the "Proclamation of Emancip:1tion;" which wa,s read a first and second time, 

referred to the Committee on the Library, and ordered to .be printed. 

CRIMINAL COURT OF THE DISTRICT OF COLUMBIA, 

Mr. CREAMER introduced a bill (H. R. No. 4125) to repeal an act 

entitled ''An act conferring jurisdiction on the criminal court of 

the Disbict of Columbia, and for other purposes," approved June 22, 

1874; which was read a first ~nd second time, referred to the Committee on the Judiciary, and ordered to be printed. . 

NATIONAL BA...~K OF SANBOID\"TON, NEW HAMPSHIRE. 

Mr. PIKE introduced a . bill (H. R. No. 4126) authorizing the Citizens' National Bank, of Sanbornton, New Hampshire, to change its 

name; which was read a first and second time, referred to the Commitiee on Banking and Currency, and ordered to be printed. 

CHARLES 0. SHEPHERD. 

Mr. BASS introduced a bill (H.R. No. 4127) for the relief of Charles 

0. Shepherd, charge d'affaires ad in•wri"!t of the U.nited States in 

J a.pan; which wa.a read a first and second time, referred to the Committee on Foreign Affairs, and ordered to be printed. 

LUTHER HALL AND S. S. HEl\IENW AY. 

Mr. PIERCE introduced a bill (H. R. No. 4128) to authorize the 

Commissioner of Patents to extend the patent granted to Luther Hall 

and S. S. Hemenway; which wasreadafirstandsecond time, referred 

to the Committee on Patents, and ordered to be printed. 

ALEXANDER BARCLAY. 

Mr. ORITTENDEN introduced a bill (H. R. No. 4129) for the relief 

I 

of Alexander Barclay, of Benton County, Mi onri; which was read a first and second time, referred to the Committee on Claim , and 

ordered to be printed. 

RHEINHA.RT BREL.~~ISS Al\"'D OTHERS. 

lli. CRITTENDEN also introduced a bill (H. R. No. 4130) for tile 

relief of Rheinhart Breinneis and others; which was read a fir t and 

second time, referred to the Committee on Claims, and ordered to ue printed . 

ALLOWANCE OF CLAIMS. 

Mr. LAWRENCE submitted the following resolution; which was referred to the Committee on Printing : 

Resolved, That the documents transmitted by the Secretary of St-:tte to tho Committee on Wa.r Claims of tho House of Represent.'lotives relative to the morle of 

examining and allowing claims bv foreign governmt"nts bo, aml are hereby, ordered 

it> be printed under diiection of the Clerk of the House, who is hereby directed to cause translations to be made into the EngHsh language of so much of said doc- uments as are in foreign languages, and that copies of said documents be aml aro ordered to be printed. 

REPORT OF COMMISSIONERS OF CLAIMS. 

Mr. LAWRENCE also submitted the following reso lntion; which was referred to the Committee on Printing: 

Resolved, Tha.t there be printed for the u e of the Committee on War·Clmais of 

this House and the commissioners of claims four thousand copies of the fourth 

rumu.:U report of the commissioners of claims. 

AMENDMENT OF THE RULES. 

:Mr. LAWRENCE submitted the following proposed amendments 

of the rules; which were referred to the Committee on Rules: 

Whenever a cl::Um is presented to the House of Represent.\tives and referred to a committee, and the committee report that the claim ought not to be allowed. 

it shall not be in order to move to take the papers from the tiles for the purpo o of presenting the claim to any of tho officers or Bureaus of the Executive Depart- ments except upon the recommendation of the committee making the adverse re. port; nor shall such papers be withdrawn for the purpose of referring them to the same or any other committee of a. succeeding Congres , unless the claimant sh'lll 

present a memorial stating in what respect tlie committee has errod in their report, or that new evidence has ooen discovered since the report, such new evidence to be set forth in the memorial. 

And whenever leave is given to withdraw papers from the files of the House, 

copies thereof shall be made and certified to by the Clerk of the House, and tho 

onginals shall remain upon the files of the Honse. 

GOVERNMENT OF THE DISTRICT. 

Mr. CHIPMAN introduced a bill (H. R. No. 4131) to amend an act 

entitled "An a-ct for the government of the District of Columbia, and 

for other purposes," approved June 20, H:l74; which was read a first 

and second time, referred to the Committ.ee on the Judiciary, and 

ordered to be printed. 

REAL ESTATE IN THE DISTRICT. 

Mr. CHIPMAN also introduced a bill (H. R. No. 4132) to preserve 

original evidence and to prevent or detect fradulent conveyanc"' of 

title to real estate situate in the District of Columbia; which was read a first and second time, referred to the Committ.ee on the Judiciary, and ordered to be printed. 

DEFECTIVE LAND TITLES IN .THE DISTRICT. 

Mr. CHIPMAN also introduced a bill (H. R. No. 41:33) to provide a cure for clouded titles to land in possesffion in the District of Columbia ; which was a read a first and second time, referred to tho Committee on the Judiciary, and ordered to be printed. 

COURT OF CLA.I.MS. 

Mr. BUTLER, of Massachusetts, introduced a bill (H. R. No_. 4134) 

to amend an act entitled "An act to amend an act to establish a court. for the investigation of claims against the United States, approvecl 

Februaty 24, 1855 ;" which was referred to the Committee on tho 

Judiciary, and ordered to. be printed. 

REPORTS FOR ~!E~IBERS AND DELEGATES. 

Mr. HEREFORD, by unanimous consent, submitted the follo·wing 

resolution; which was referred to the Committee on the Rules:. . 

Resolved, That the Doorkeeper of this House be directed to furnish to each mem· ber an(l Delegate, as soon as practicable, one copy of every report or communication made to the House and by the House ordered to be prmted. 

REVOLUTIONARY CLAIMS. 

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

4135) to amend an a~t entitled "An act supplementary to the act for. 

the relief of certain officers and soldiers of the Revolution," ap.: 

proved June 7, 1832; which was read a first and second time, referred, 

to the Committee on Revolutionary Pensions and War of 1812, and 

ordered to be p~ted. 

INSANE ASYLUl\1 : .. T AUBURN, NEW YORK. 

Mr. MAcDOUGALL, by unanimous consent, introduced a bill (H. R. 

No. 4136) to reimburse the State lunatic asylum for insane convicts, 

at Auburn, New York, for the keeping of insane United States con.., 

v.icts after terms of sentence bad expired; which was read a first and 

second time, referred to the Committee on the Judiciary, and ordered 

to be printed. 

TUG-BOAT WJ\1. S. EARL. 

Mr. SmRT introduced a bill (H. R. No. 4137) to change the nnmo of the tng-hoat W m. S. Earl to Stephen .Miles; which was read a first 

and second time, referred to the Committee on Commerce, anu ordered 

to be printed. 

. ~ 

I 

,.. 

I 

t 

1 
1874. CONGRESSIONAL RECORD. 17.3 

PERSONAL EXPLANATION. 

:Mr. TREMAIN. I ask una.niinous consent to make a personal explanation, occupying not more than five minutes. 

The SPEAKlill.. If there be no objection the gentleman will proooed. 

There was no objection. :Mr. TREMAIN. My attention has been called to an infamous 

nssault upon me contained in an editorial article published in the 

New York Sun of last ~bursday. I have here an extract from it 

which I will send to the Clerk to read. 

The Clerk read as follows: 

The occasion of this inquiry is a. bill which Mr. TREllAIX ha.s just introduced into 

Congress conferring criminal jurisdiction on the courts of the United States in 

different parts of the cmmtry in prosecution, for libel, where the offense consists of a constructive publication in the District of Columbia.. To be sure the bill proviLlas that a man shall not be indicted in the District unless he lives there. NevertlteleSB the attempt to confer ~,eLleral jurisdiction over such a class of cases, in 

pL'lco of that of the State courts, is so tia~tious, so at variance with all the ideas 

and intentions of the founders of our tiovernment, such a departure from all 

soUJt<l constitutional principles, and so impossible to succeed, that the question 

very naturally suggests itself whether it could have been made by anybody but a. fool. 

Mr. TREMAIN. There is not one word of truth in that statement, as every member of this House who beard the bill which was introduced by me read by the Clerk at the time of its introduction very 

well knows. That bill does not authorize the indictment of any per- son for libel in the courts of the United States throughout the coun- try. Urider its provisions no man could be indicted for libel in the 

courts of the United States in any district or circuit court of the 

United States. The bill relates exclusively to the courts in the District of Columbia., as clearly appears from its title and from the _ex- press language of the body of the bill. It does not authorize an indictment for libel in any case or in any court where such indictment cannot now be found under the existing law. So far from 

this being the case, it prevents the finding of any indictment for 

libel in the greater number of cases where an indictment for such 

libel may no"'V be found in the District of Columbia. It is a limiting 

and restraining and not an enlarging or enabling statute. 

Indictments may now be found in the District of Columbia for all 

libels that are published irt such District. Whenever a newspaper con- taining sucb libel is circulated in such District, oris sent_to it and 

sold by the agents and servants of the editors and publishers, an indictment for such publication may be found now in this District. This 

results from the fact that libel was_indictn.ble at the common law, 

that 1\faryland had adopted the common law, and when the 

United States accepted from Maryland the cession of that part of 

this District which belonged to Maryland, the act-of Congress provided tha.t the laws of Maryland should remain in full force. 

The Supreme Court of the United States and the supreme court of 

this District have repeatedly held that libel was indictable in the District, and various trials and informations for that oflEmse have taken 

place within the District. Congress bas passed an act relating to 

the trial of indictments for libel in the -District of Columbia, declaring tha.t in such case~ the truth may be given in evidence and if it 

appears that the libel was published for good motives and justifiable ends the defendant should be acquitted, and that sta.tute is 

now in full force. 

My bill was intonded to remove all grounds of complaint on the· part of newspaper publishers who complained that they were liable 

to be brought from distant parts of the Union to this District for 

trial when their newspapers should happen to be circulated here, although the State courts in the Stat.es where these newspapers were published were open for the finding of such indictments. The first 

section of my bill reveals its purpose. It is in these words: 

Be it eMcted by the Senate and House of Representatives of the United States of 

America in Congress assembled, That in all cases where a. libel has been or may be 

hereafter publi bed in any newspaper regularly printed and published outside of 

the District of Columbia, but circulated therein, no indictment for tho publication 

of such libel shall be fonnu in said Distiict unless the party libeled shall reside 

therein a.t the time of such Dnblication. 

The second section only provides for the removal of such indictments to the locality where the newspaper was regularly issued. It 

does not in any manner relate to the residence of the defendant, as is falsely charged in this article. It is a bill in the interest of a free 

press, and the editor of the Sun knew this, for in his paper of Wednesday be published the bill in exten~o with these announcements in 

capitals: 

Al\NULLDl"G THE PRESS GAG LAW-A BILL WHICH WILL PREVE.~T EDITORS FROM BEING DRAGGED TO WASHINGTON. 

W ASHTIGTON, D ecembe-r 15. 

In the House of Represe!ltatives, Mr. TREMAIN, on leave, introduced the following bill: "A bill in relation to indictments for libel in theDistrictof Columbia., dJlu the trial thereof." 

And then pn blished the bill at length. 

My bill is framed upon the model of a, New York statute passed 

twenty years ago, and ma,kes the scheme of that statute applicable 

to tho District of Columbia. The Sun a,rticle also contains much coarse vituperation of me which I disdain to notice, rememberinCT 

that, as Sir William Blackstone says, "it is the privilege of th~ 

vulgar to indulge in low abuse of other people with imptmity." 

What could have inspired this bruta-l attack upon me I cannot 

ima,gine. If, as he seems te have supposed, the bill allowed indict-

. f 

ments for libels to be found in the United States courts where tl.Jo 

libeler resided, I can well understand why Mr. Charles Dana sbonltl 

have regarde<l its introduction with trembling solicitude. But it does 

not; and hence I can only account for his bilious condition upon the 

theory that he is aching for a grievance against Congres , that be 

flatters himself that he now has a plausible one, and is disturl>ed by 

the a.pprebension that Congress may pass my bill and thus remove his pet grievance. 

This article is only a fresh illustration of the gross injustice with 

which members of Congress, while laboring faithfully to discharge 

their public duties, are traduced by a portion of the newspaper press, 

and of the deluge of defamation and false charges which seems to bo 

sweeping over the country. While thanking the House for its courtesy, 

I will add that I should not probably have deemed this article worthy 

of notice, for the reason that the true character of the Sun is generally appreciated wherever the paper is known, had I not also discovered 

from articles in two or three respectable newspapers that there was an honest misconception prevailing in some quarters touching the purposes and scope of the bill which I had the honor to introduce. 

SUGG FORT CLAIM. 

:Mr. O'NEILL. I send to the Clerk and ask to have read a letter 

from tho Commissary-General of Subsistence, with an accompanying 

card. 

The Clerk read as follows : . WAR DEPARTM.E1\T1 

OFFICE Comn.ssARY-GESERAL OF SUBsrsm.·cn, · Washington City, DecembiJ1' 17, 1874. 

Sm: I have tbe honor to acknowledge receipt of your note of this date, callinrr 

my attention to a para-graph in the Republican of this morning, in which referenc~ is made to "Ron. CII.AllLES O'NEILL" in connection with the Sngg Fort claim. In 

reply I would respectfully state tbat tbe "reference to yon is an error. The per- son alluded to was Mr. -Charles C. O'Neill, an agent prosecuting claims in this city. Yours, very truly, 

A. E. SHIRAS, Commiss~ry-Gen.eral of Subsiste-nce. 

Ron. CHARLES O'NEILL, · Hou$e of Representatives, Washington, D. C. 

[From the National Republican, December 21, 1874.) 

A CARD FROli C. C. O'l>'Ell.L. 

WASHINGTON, December 19, 1874. . 

Sm: Allow me.through your paper t~ correct an error which appeared in your 

issue of December 17, 1874, in relation to the claim of Snrrg Fort of Robertson 

County, Tennessee, for flour, amounting to !!3.723.50, allerred to ha~e been taken 

and used by the Federal troops at Nashville, Tennessee. "' 

In your transcribiitg the papers in the claim the name of Ron. CHARLES O'NEII:L 

of P~nnsylv:mia;, appears~ connection with the claim, which is an error. He had 

nothmg to do With the chum whatever. 

The claim was placed in my hands by Mr. Fort, March 18 1873 and was filed by me March 19, 1873, in the War Department, and by tche Sect~etary of War referreil to the Commissary-General of Sul>sistenc~. wbo rejected the case March 2!) 1873 

on ~e gronn~l o~ no jurisdiction since act of March~. 1871, organized the sot{ then~ chlms COIDIDlSSion. As requested by Mr. Fort, I withdrew from the Commissary Department the papers I tiled there and banded them over to the claimant who 

had a bill drawn and presented t~ Congress by Ron. H. H. HARRISON for the :u~onnt claimed. 

After the charge of fraud was made, of which Mr. Fort told me himself, I surr. gested that bo should go home and disprove the allecration. o 

I had no connection with the claim at its final setlJement by the Departments 

and never received one cent as fees from Mr. Fort or any person from the proceed~ of said claim. He had his money in his pocket beforo I knew where or how he wa.s paid. 

To the EDITOR OF THE NATIOYAL REPUBLICAN. 

CHARLES C. O'NEILL, 

1305 F Strut. 

TROUBLES IN 1\118 ISSIPPI. 

Mr: CONGER, by unanimous consent, submitted the fo~owing 

resolution : · 

Resolved, That the special committee appointed to investigate the troubles &c 

in Mississippi be authorized t~ h=~.vo the att-endance of a stenographer and d~potY serg~t-at-arms, and the expense of said investigation be provided for out of tho· contingent fund of the Honse. _ 

~r. GARF~LD. Is the gentleman sure that the contingent ftmd 

will be sufficient to meet these expenses Y 

Mr. CONGER. That is my information. 

There being no objection, the resolution was adopted. 

ORDER OF BUSTh'ESS. 

Mr. ·WILSON, of Indiana. I ask unanimous consent to have taken 

from the Speaker's table a bill to enable the supreme court of the 

District of Columbia to proceed with its jury business. 

1\fr. RANDALL. I call for the regular order. 

Mr. WILSON, ot Indiana. I want to state to the HonseMr. RANDALL. I insist on the regular order. 

SUBSIDIES, APPROPRIATIONS, ETC. 

The SPEAKER. The regular order being called for, the House resumes the consideration of the motion made last Monday by the 

gentleman · from Indiana [Mr. HOLl\IAN] to suspend the rules and 

adopt the resolut-ion which will be read. 

The Clerk read as follows : 

Reso_lved, ~bat in the judgment of this House, in: the present condition of the 

financml affrors of th<? Gove~ment no subsidies in money, bonus, public lands, or by pl~dge of the public cre4it should be gx:auted by Con:rress to associations or cor- porations enWtged orproposm& to en!!a.ge m public or pri,ate enterprises and that 

all appropriations from the puolic '11-;-e.'l.sury on~ht to be limited at this ti.nio to such amounts only as shall be imperatively reqnirea by the pnl>lic service . 
/ 174 CONGRESSIONAL RECORD. DECEMBER 21, 

The SPEAKER. The motion to suspend the rules wns seconded, 

and on agreeing to that motion the yeas and na,ys were ordered and 

will now be taken. 

The question wos taken; and there were-yeas 149, nays 75, not. 

voting 65; as follows: 

YEAS-Messrs. Adams, .Archer, Arthur, Ashe, Atkins, Barber, Barnum, Bass, 

Beck, Berry, Bradley, Bright, Bromberg, Brown, Buckner, Bullinton, Burchard, 

Burleigh, Burrows, Cain, Cannon, Ca.son, Chittenden, Amos Clark, jr., John B. 

Clark, jr., Freeman Clarke, Clayton, Stephen A. Cobb, Coburn, Conger, Cook, Corwin, Cotton, Cox, Crittenden, Crooke, Crossland, Curtis, Danford, Dawes, Dobbins, 

Donnan. Durham, Eames, Field, Finck, Foster, Freeman, Frye, Garfield, Gicldings, 

Glover, GunckeL Gunter, EugQne Hale, Hamilton, Benjamin W. Harris, Harrison, 

Hatcher, John B. Hawley, Joseph R.Hawley, Gerry \V. Hazelton, Herndon, Holman, 

Hoskins, Hunter, Kasson, Kello,gg, Lamar, Lamison, Lamport, Lawrence, Lawson, 

Lowe, Luttrell, Lynch, Magee, Marshall, Martin, McCrary, James W. McDill, M.ac- Dou~all, McNulta, Merriam, Milliken, Mitchell, Monroe, Morrison, Neal, Niblack, 

O'Bnen, Orr, Orth, Packard, Pa)?e, Isaac C. Parker, Pendleton, Perry, Phelps, 

Phillips, Pierce, Pike1 Thomas'-'· Platt, Poland, Pratt, Rainey, Randall, Read, 

Robbins, Ellis H. Rooerts, William R. Roberts, James C. Robinson, James W. 

Robinson, Henry B. Sayler, Milton Sayler, John G. !:;ch1l1llaker, Scofield, Henry 

J. Scudder, Shanks, Sherwood, Lazarus D. Shoemaker, Small, A. Herr Smith, H. 

Boardman Smith, John Q. Smith, Speer, Spragne, Starkweather, Swann, Charles 

R. Thomas, Thornbnrl!h, Todd, Tremain. Tyner, Walllron, Jasper D. Ward, Marcus 

L. Ward, Wheeler, Whitehouse, Whitthorne, Charles W. Willard, Geor~e Willard, 

Charles G. Williams, William B. WilliaiilS, Ephraim K. Wilson, James Wilson, 

Jert!miah M. Wilson, Wolft~, and Woodworth-149 

NAYS-Messrs. AverilL Biery, Blount., Bowen, Benjamin F. Butler, Roderick R. 

Butler, Caldwell, Cessna, Comingo, Creamer, Crounse, Crutchfield, Darrall, Ha~ans, 

Hancock, Henry R. Harris, John T. Harris, H.wens, Hays, John W. Hazelton, 

Hereford, Hodges, Houghton, Howe, Hubbell, Hyd(\ Kelley, Leach, Lewis, Lofland, Lowndes, Maynard, .Alexander S. McDill, McKee, McLean, Mills, Moore, 

Morey, Ne~ley, Nesmith, Nunn, O'Neill, Pelliaru, James II. Platt, jr., Ran11ier, 

Richmond, Rusk, Sawyer, Schell, Senor, Sheat..s, Sheldon, Sloan, J. Ambler Smith, 

Snyder, Stanard, Stef.hens, Stone, Stowell, Strait., Christopher Y. Thomas, Town· 

send, Vance, Watldel, \Vallace,Walls.Wells, White, Whitehead, Whiteley.JohnM. 

S. Williams, William Williams, Willie, John D. Young, and Pierce M. B. Young 

-75. 

NOT VOTJNG.....:Messrs. Albert·, Albright., Banning, Barrere, Barry, Begole, Bell, 

Bland, Bundy, Carpenter, Clement..s, Clymer, Clinton L. Cobb, Crocker, Davis, De1Vitt, 'Duell, Dunnell, Eden, Eldredge, Farwell, Fort, Gooch, Robert S. llale, Har- mer, Hathorn, Hendee, Hersey, E. Rockwood Hoar, George F. Hoar, Hooper, Hunton, Hurlbut, Hynes, Kendall, Killinger, Knapp, Lansing, Loughridge, MoJ unkin, 

Myers, Niles, Packer, Hosea W. Parker, Parsons, Potter, Purman, Rapier, Ra:v, 

Ross, Isaac W. Scudder, Sessions, Sloss, Smart, George L. Smith, William A. Smith, 

Southard. Standiford, St. John, Storm, Strawbridge, Sypher, Taylor, Wilber, and 

Wood-W. 

So the House refused to snspend the rules, two-thirds not having 

voted in favor thereof. 

During the vote, 

.Mr. HARRIS, of Georgia, stated that his colleague, Colonel BELL, was detained from his seat by illness. 

Mr. SAYLER, of Ohio, st.ated that his colleague, Mr. BANNING, who was callecl home by important business, would, if present, vote in 

the affirmative. 

Mr. ARCHER stn,ted that his colleague, Mr. ALBERT, wns detained 

from the Honse by illness. 

Mr. STRAIT st..'lted that his colleague, Mr. DUNNELL, was absent 

because of sickness. . Mr. ALBRIGHT stated that he was paired with his collen,gue, Mr. 

CLYMER, who was n,ttending the funeral of Ron. John B. Rice, of 

Illinois, late a member of this Honse. If present Mr. CLYMER would 

vote in the affirmative, while he himself woultl vote in the negative. 

Mr. WARD, of Illinois, stated that hi~;J colleague, :Mr. FORT, was 

absent attending the funeral of his late colleague, Mr. Rice. 

Mr. SCOFIELD sta.ted that his colleague, Mr. Ross, was detained 

from the House by sickness. 

The vote was then announced as above recorded. 

DISCHARGE OF A WITNESS FROM CUSTODY. 

Mr. DAWES. I am directed by the Committee on Ways and Means 

to report the following resolution. · The Clerk read as follows: 

.Resol-oed, ThatRichard B. Irwin be discharged from the custody of the Sergeantat-Arms on the warrant of the Speaker of this House, he having given satisfa~tory 

reasons for hn.vin~ neglected to appear before the Committee on Ways and Means 

in answer to the summons of this House. 

Mr. DA. WES. I wish to say upon explanation by him of the reasons why he delayed answering that summons they appear to the com- mittee to be satisfactory, and perhn,ps·that is a.ll it is necessary to say on that point. 

The resolution was adopted. 

Mr. DAW~S moved to reconsider the vot.e bywhich the resolution was adopted; and also moved to lay the motion to reconsider on the 

table. 

The latter motion was agreed to. 

CONTUMACIOUS WITNESS-RICHARD B. Il~WL'~. 

Mr. DAWES. I submit the following report from the Committee on Ways and Means. 

Mr. BUTLER, of Massachusetts. Let us settle first the question 

in reference to the tttljournmont over. 1\fr. DAWES. Mine is a priyileged question. 

The Clerk read as follows: 

The Committee on Ways and Means, to whom was referred the subject-matter of 

the employment of money to procure legislation by Congress in aid of the Pacific 

Mail Ste2omship Company, submit, in part, the following report: 

That in pursuance of the power conferred upon them b.v the House, "to send for 

persons and papers, and to administ~r oaths in any matter from time to time pendmg and under examination before said committee." they caused one Richard B. 

Irwin, of Ne\V York, to be summoned before them for the purpose of giving tCHtimony, and the said Irwin, after having been <loly sworn. difl on the lOth, 17th, 18th, 

aml 19th, and the 21st days of December, 1874, testify, among other things, as follows: 

Bythe CHAIRMAN: 

Question. Will you state to the committee what was the charader of your em· ployment under this S}>ecial contract 1 

Answer. Yes, sir; I was to come to Washington and get that sub idy for them. 

Q. How much time did that contract cover 7 

A. l!'ive months; begiru•ing in January, 1872, and ending in May, 1872. 

Q. Where was that service perfonned I 

A. In .Washlngton and New York. * k * ... + 

Q. What were the terms of your special contract with the company to come here 

and prosecute the passage of the-subsidy 1 

A. In ~neral words, the terms of that contract" which was made between Mr. Stoc~we the president <?f the company1 and myself, ho actin:r under the au- thonty o the board of directors, were tnat I shouhl come to Wa.ahlu!!tou antl 

get that. subsid:y- for them, (that could be made longer, but it is just as W(llf to make 

it short,) and that they were to pay me for 'Y services a gross sum, which f.-TOSS 

sum I was to state at a cert.ain per10d before the completion of the service· and that contract wa.a carried out by them. ' 

* • * * 

Q. ·when the amount was ascertained, were you paid by check! 

A. Yes, sir. 

Q . .And you spoke of the amount of this check a moment ago 1 

A. The amount of all the checks I only remember hy the st.'l.torncnt made in the 

complaint against me by the company, and I stated ihe amount from their testimony, subject to correction when I see the checks. 

* * • * * * w 

Q. It is stated by the company to be how much 7 

A. It is stated by them tQ be about $750,000. 

Q. Anti you believe that to be correct T 

A. I believe that to be correct. Q. That s~m was to embrace your own personal serviCes and your expenses 7 

.A.. Yes, srr. Q. What expenses were you to incur here 7 · A. It was to coYer all expenses incurred here. 

* * * * * * 

Q. Did all the money paid out by the company in securing the passage of the subsidy pass through you' 

A. I do not kllow, sir. 

Q. Was it understood that it wa.~ to pass through you f · · A. That was the agreement between Mr. StockWell and myst-lf. The agreement was that I was to have entire charge of the matter. I of course continued all the 

arrangements previously made by Mr. Stockwell as president so far as they were . communicated to me, and employed all persons whom he afterward directed me 

toenp~ * * 

Q. ThiR sum, $750,000, covers nothing but money expended by yon in obtaining the passa.,.e of the subsidy 1 

A. That and my personal expenses. 

* * * * * * He was further examined: 

Q. What, if anything, did you receive in exchan~e for those checks which you retnrnP-di 

A. The checks which I have alrea.<ly stated, amounting to about 750,000, 

Q . .Are those the checks which are now exhibited to you (and which have already been introduced in Mr. Hatch's testimony) being numbers 2360 to 23G5 inclu. 

sive, and all dated May 24, 18i21 

A. They are. * .. * * * • * 

Q. Were they received for the same purpose for which the checks that you gave 

up nad been received i 

A. Yes, sir; exactly. 

Q. And that was the purpose you have heret{)fore stated, in accordance with the contract to :procure the subsidy W 

A. Yes, srr. * ... Q. How soon after the receipt of the.~ last checks did you put them into the 

bank to your own credit 7 · A. My impression is that I deposited those checks tQ my credit on the 27th of 

May, and my reason for that impression is that I have a distinct recollection of 

having kept them for two days before I deposited them; that recollection may be 

corrected or not when I see the bank-account; but I kept them about two days, I am sure. Then, I think, another interval of two days elapsed before the money was drawn; and the bulk of it was drawn, I think. on or about the 29th of May, as near as I can remember. • * • • Q. Thew hole of this money was put in your hands for the purpose of paying tho 

expenses of procuring the subsidy I 

A. Yes, sir . Q. Including your own personal services and the services of all persons who 

worked nuder you in that business 7 

A. Yes, sir. 

Q. Was any portion of it used for any other purpose f 

A. No, sir; for no other purpose whatever. 

Q. How soon after its receipt from the bank by you was it so used 7 

A. I think, as nearly as I can remember, that the bulk of it was drown out by me from the American Exchange Bank, nhout two days after I had deposittld 1t 

t.here to my credit. I can tell positi•ely when I see my bank account. " * * 

I don't think I drew any of that money in currency; if I did, it must have been a comparatiYely small amount. * * • I drew it mostly in the fonn of my personal checks; * • * some of them payable to somebody else's order, and some of 

them payable to my own order and indorsed in blank. 

On Friday, December 18, the examination of the witness Irwin was continued 

ancl the chairman put to him the following question: ' 

Question. Whom did you employ to help you hero in procuring the subsidy t The witness asked to 'be allowf'>d until Monday morning to prepare, so that be 

might answer the question intelligently and accurately, if at all; and the com- mittee consented to wait until Saturday morning for his answer. 

On Saturday morning the following question was again put to the witness by the chairman : Question. Whom did you employ tQ help you here in procnrinll the subRidy 1 

Answer. A number of persons; but not any one subject to the juri.~diction of 

t.his House. 

Q. Please give their names. A. I shall be obliged, very reluctantly, Mr. Chairman, to decline giving the names of those persons upon several grounds. * * * Before statinll them, I declare 

that I did not employ in tllis connection any SenatQr or any member of Con_gress, or any officer of the present Congress who was a. member or officer of the l''Ortysecond Congress. * ' * I decline to answer upon the grounds-
1874. CONGRESSIONAL RECORD. 175 

First. That the resolution~ referring this matter to the committee do not give 

the committee jurisdiction over the subject-matter to the extent of requiring an anRwer to that question. That, of course, I do not know. I make thn.t point only 

formally. 

Secondly. Having stated that I did not employ any person undo he jurisrliction 

of this Congress. and there being nothing in tile testimony, as far a~ I am acquainted 

with it) to negative that statement., and it. being impo~sible in fact to negative that 

st:J.tement, and, moreover, there being alreally sufficient testimony in possession of the committee, furnished by mysdf and otqers, to convinc:e any reasonable man (and consequently to convince the committee, composed exclusively of reasonable tncn) that a large sum of money wall appropriated by the Pacitio Mail Steamship 

Vompany for the purpose of procuring the subsidy, and that the inoney was used 

for that Jmrpose, I decline to answer upon the further !!I'Omld that neither the 

committee nor the Honse of Representatives bas any jnris'fuction over the subjeotmath•r; nml that if tho committee had jurii!cliotion over the subject-matter, that 

jurisdiction has now been exhauRted by reaching the point in the testin10ny that I 

hnYe statecl. 

Thirdly. I decline u-pon the grom1d that this entire matter having arisen and 

bec·n oompletell in a pr10r Congress, so far as my connection wit.h it is concerned, 

t,hn committee and the llouso of Representatives are without jurisdiction over the 

subject; ancl 

Fourthly. I state what is in my mind the wavest and tho controlling reason for my 

drclining to meet the wishes of the committee, which is that I haye no right as an ltouorablo man to disclose the particulars of any confidential rolation existing 

ll(Jtweon myRelf and any other person whate,·er, and especially in relation t~ a. snb1 ·ot not within the juris1liotion of the House of Representatives, as I have already 

l!t:ttc•d that tbis_su~jeot is not. I submit these points to the committR.e with great tleference. I wish, 38 I ha.ve 

sajll already, that it were in my pcwor to answer as they wish. 

Q. Do you insist upon declining to answer the question put to you i 

.A.. I !lo so, Mr. Chairm:m, most respectfully. . Q. WitbontJ waiving that question, and insisting upon it.s answer, I desire to put 

another: Will you state to tho committee what portion of the $750,000 which you 

have tei!tified you received from the Pacific Mail Steamsl1ip Company to use in 

proonring the passage of the subsidy you put in the hands of other persons to aid 

you in that work 1 

.A. I -paid the whole of that $750,000 to other persons. 

Q. Will you state what was the largest sum you pn.id to any one such person for 

that purposef A. Mr. Chairman, I think I shall have to decline answering that for the reasons stated. 

Q. Wifhont waiving these questions but insisting upon them, I nsk you to state l10w many persons you employed to aid you in so procuring the p!ll>sage of the subsidy! . A. I think I would answer that question if I could recollect the number, but I 

rea.Uy do nut remember-quite a large number. I should say off-harid as many as tw<•nty or thirty. Q. Do von mean to say that your engagement of persons to aid you in procuring 

the r·assage of the subsidy through CongreRs for the Pacific Mail Steamship Company was· of such a. secret and confidential character that you cannot honorably 

disolo e it1 

.A. No, sir; I mean t()say that my relations with the attorneys and counsel whom 

I employed were of such a confidential character that--t.hey and ea{lh of them and 

I-bein~ outside of the jurisdiction of this House, this House has no right to compel me to answer. Here the examination was suspended until Monday, the 21st of December. 

W .ASHL'WTOX, D. C., December 21, 1874. 

P..ICHARO B. IRWIN, re-examined before the full Committee on Ways anll Means. 

By the CHAIRMAN: 

Question. Whom did you employ to help you in procuring this subsidy for the 

Pacific Mnil Steamship Company1 

Answer. I never paid, nor abrrood to pay, nor bad nny understanding with any 

other person that be was to pay, any money to any membm· or officer of the pres- ent Congress smd of tke :E'orty-second Congress or to any person under the juris- diction of this House. 

Q. Please give the nan1es of those whom you did employ to aid you in procuring the snusidy. 

A. I shall be obliged very reluctantly to decline to answer that question, for 

the reasons which I gave on Saturday and for additional rea.sons which I desire to ,E!ive this morning. 

Q. Do you adopt as part of your rea.sons the answer which you 1nade on Saturday la ti 

A. Yea. 

Q. What other reasons do yon desire now to give besides those which yon 

gave on Sa.tru·day 1 

A. I wish to add to the preliminary declaration which I made on Saturday 

this clause: I have n•Jver paid or agreed to pay, or had any understanding with 

any other person that ho should pay or agree to pay, any money in this connection to any member or officer of this House who was a member or officer of that House, 

and lbave no knowled~e of such payment bein~ n1a.deora.grced to be made. 

And now, having seen four papers furnished to me by the committee, to wit: 

A resolution pli.Ssell February 20, 1873, that is to 8a.y, during the l!"'orty-second 

Congress; a. resolution passoo March 3, 1873, that is to say, during the Fortysecond Congress; a resolution offered by Mr. MiLLIKEN on the 3J or April, 1874, 

and rt\ferred to the Committee on Ways and Means and not passed by the House 

of Representativl.'s, and upon which no further or other order was taken by the 

said House; all of which documents or resolutions are now commm1icated to me by the C<>mmittee on Ways and Means at my request, as bein"' the 1-esolution or rcaolntions, order or orders, unuer which the sa.id Committee on Ways and Means are or profess to be acting. I now desire to add to the above four reasons a fifth reason for declining to answer, all of the other reasons remaining valid and bind· 

inj!. 

Fifthly. I decline to answer this question for the re:tson that the Committee on Ways antl Means is not authorized and empowered by any resolution or order of 

tho Jiouse of R.epresentative..q, or otherwise, to ask it. 

Q. You insist on declining to answer the question put to you 1 

A. I do insi~t on declining. 

Q. Without waiving that question, but insisting on it, I desire to put another 

9.uestion: State to the committeo what portion of the $750,000 which you have testtfiocl yon received from the Pacific Mail Steamship Company, to be used inprocur. in~ the passage of the subsidy, you pnt in the hands of other persons to aid you in that work. A. In the fo;m in which that question is pnt, it is impossible to give a cate"'ori· 

cal aw~wer to 1t. I paid the whole of that \1750,000 to other persons whom I"emJlloycd in consideration of their services. 

Q. State what was the largest Sillll which yon paid to any one snob person for 

that purpose. 

A. I m11St decline to answer that question on the general ~unds stated before 

and on tht\ spl.'oial groonrl that it relates entirely to private transnctions between lll,\"!'-lClf v.nd other persons not unuer the juris:liotion of this House, aqd relates m 0. 

su\)ject.·matt« wllicl1 ie not now u.mlcr t-l1c jt1risdiction of this House. 

Q. Without wrunng these qnoetions, but. in~i.stiup; on them, I ask you now to 

state how many persons you employed to aid you in procuring the passage of this 

subsidy. 

A. I think I answered that question before to the best of my knowledge and 

belief. 

Q. What is your answer to it now 1 

A. It was quite a large number of persons. As nearly as I can recollect without 

going t1u'Ough papers. which are not now in my possession, I shouM say perhaps 

twenty or tliirty persons. 

Q. Are there any papers in existence which will show the number of persons so employed or the ohara{lter of their employment 1 A. I think not. Q. H:we there ever been such papers in existence t A. Not to my knowledge. 

Q. What did you me'lD by saying that, without being able to refer to papers not now in your 11ossession, you were unable to answer the question~ 

A. I suppose that by referring to papers which are in my possession somewhere- t.hat is to say, some of thew in San Francisco and some of tbem here-I could refresh 

my memory to snob an extent as to be able to make out a complete list of all the 

persons employed by me. I cannot do so to-day. 

Q. What are the papers to which you allude 1 

A. To answer the question would push my memory beyond its limits. 

Q. Van you give us the oharo.cter ofthe papers to which you alluue 'I 

A. Yes. I would give my bank ll{)COunt which I showed to the committee the 

other day, as one of the papers. 

Q. Will your bank accom1t disclose the nillllber of persons and the character of 

the engagements, or eit.her 'I 

A. I cannot toll without an exn.mination of it. I should think it would give an approximation to the nllJlber of persons. [.Aft.er reflection.] But, no; it wollld not do that. It would not give oven an approximation to the nllllber of names, because some of the gentlemen whom I employed also employed other counsel to assist them. 

Suppose, for example, that one counsel emplo.\-ed five others to assist him, that 

would make six persons, and my check would simply show the one person. 

Q. Have you any memorandllll or writing anywhere that gives the names of the 

persons so employed 1 

.A.. I have no memorandum which gives a portion of the nan1es, but I have 

recently seen one . Q. Will it show the amount of money which you put in the hands of those 

persons respectively'! 

A . I object to the phrase "put in the hands of" in any other sense than 38 pay- ment for serrices. I do not think the phrase is justified by the testimony. 

Q. Will you produce before this committee papers showing your transactions to any extent with any person so employed 'I . A. The only paper I have seen of the character I alluded to is a memorandllll 

in the possession of one of my counsel, made by him, he being attorney aml 

counselor at law, who is not now and never bas been an officer or member of 

this House; and it contains a list of persons who are not subject to thejurisdi(}· 

tion of this House to the extent of this inquiry 1 

Q. Are they persons who were employed to expend any portion of this money 1 

A. No. sir; they are persons who were paid for their services. 

Q . .Are they per ons into whose hands came any portion of the $750,000 received 

by yon from the Pacific Mail Steamship Company for the purpose stated by you 'I 

A. Yes, sir. 

Q. Will that memorandum show what portion of tbat$750,000 o.'\me into tho hands 

of each of those persons respectively, as far as it goes 1 

A. It will show the amount paid to each of those persons for his services as fa.r a~ it~(){'s . . Q. Will you furnish the committee with that memorandum 1 

A. I cannot furnish that memorandum, for the reason that it is not in my possession, and does not and never bas belon~red to me," but only to my oolllsel. None 

of the persons named on it are under the jurisdiction of this House, to the best of 

my recollection and belief. . Q. Do you mean to say that your engagement of persons to aid you in procuring 

the passage of the subsidy through Congress for the Pacific Mail Steamship Company was of such a secret and confidential character that you o.'\unot honorably 

disclose it'! 

A. No, sir; I mean to say that my relations with the attorneys and counsel 

whom I employed were of snob a conficlential character that-thr.y and each of 

them and I being outside of the jru·isdiction of this House-this House has no Iil!ht to compel me to answer. ' 

Q. Do you mean to say that you employed no person but an attorney a.t law~ 

A. No, sir; I think I employed others. 

Q. Wore your engagements with snob ot11er persons of such a secret and confidential oharader as that you cannot honorably clisolose them~ 

A. They were precisely of the same character as that with the others. 

Q. Will you disclose those relations to this committee 1 

A. I decline to do so for the rea.'!ons which I haYe stated. 

The CIL\Inll.AN. Then we will excuse yon for the present. 

The WIT1iEss. I am in a very weak condition; and I most respectfully submit 

that the committee has crowded my memory this morning, and I would like very 

much. as a special favor, to be allowed to rovise this portion of my testimony, bo- cause I may desire to correct it. Some phrases that I have nsed may be a. little too strong. 

The CHAffi:MAJ.'I. Snob portions of your testimony as the committee may desire to submit to the House yon will be permitted to revise. 

By Mr. NIBLACK: 

Q. Are you an attorney and counselor at law by profession 1 

A. Iamnot. 

The committee are of opinion, and report, that it is necessary for the efficient prosecution of the inquiry ordcretl by the House that sahl qnestious shonl!J. be answeretl, 

and that there is no sufficient reason why the witness should not answer tho same, anrl that his refusal is in contempt of this House. 

The committee recommen(l the adoption of the accompanying order. 

Mr. DAWES. Now let the Clerk read the order upon which the 

a-ct.ion of the Honse is asked. 

The Clerk read as follows: 

Ortkred, That the Speaker issue his warrant, directed to the Sergeant-at-Arms 

a.ttending this House or his deputy, commanding him to tako into custody forthwith, wherever to be found, the body of Richard B. Irwin, and hinl bring to tho bar 

of tho House, to show cause why he should not be punished for contempt, and in 

the mo:tu time keep the said Irwin in custody to await tho further order of the 

House. 

Mr. DAWES. ?lir. Speaker, I do not desire to take any more of the 

time of the Honse than the gravity of such a subject would seem t.o 

de~an~. I cannot conceive of a. question touching the purity of 

legislation that could be pre eutecl to the ConQTess of the United 

States in a. more glaring light than the one befo~ us, and I think tbe 

House of Representatives may well pause for a few moments before 

determining what is their duty in reference to this subject. 
CONGRESSIONAL RECORD. DECE~fBER 21' 

The testimony read to the Rouse is omewhat lengthy, and more than is usual on such occasions; more for t.he purpose of presenting 

to the House the manner in which the sub-committee of the Committee on Ways and Means was compelled to pursue this examination 

of a witness who, at his own request and by the advice of his physician, was examined until this morning in his own private room. The 

committee desire every question they have put thus in private may 

be brought to the attention of the House, the manner in whicP. they 

have put the questions, and the a.nswers they have received. They 

have reported this morning to the full committee those questions, and 

bringing Mr. Irwin before it, he has been examined by the whole com- mittee and this report recommended. 

[t may be summed up in a few words. This witness readily and 

almost, I may say, cheerfully states to the committee and to the 

i}Otmtry that for the purpose of procuring private legislation by 

Congress be has taken 750,000 and brought it to the very doors of 

tho Halls of Congress, and then because be did not enter these Halls 

with his bags of money in his hands and walk up and down these 

aisles in distributing it, but put the remainder of his work, or whatever it was to be, in the hands of a third per on, he fancies he can put a stop on this inve tigation. The question for this House 

to determine is whether, having rolled upon th~ir shoulders an inference that it is impossible otherwise to re1)el, he shaJl let it 

remain here, thttt all the members of Congress who voted for that 

measure, ea.~h one and all of them, whether from convictions of duty or otherwise-that the charge shall remain that that subsidy was procured by the expenditure of this sum of money. There is no mem- ber of this House whose name standd recorded for that measure or who omitted to vote against that measure bnt bas this charge by this 

te timony laid to his ,door. They called upon this House of Rop- re entatives to repel that inference which this witne s seems voluntarily and with great alncrity to lay down upon them. 

But, sir, if it touches the character of no member in the House, it 

touches the methods of legislation and the means of procuring legislation at the hands of Congress; and that having now been brought 

to the attention of Congress-whether it occun·e<l in this or any other 

Congress-this Congress cannot omit to investigate to the bottom anu understand this matter in its length and its breadth. If this money 

rcncbecl corruptly no member of Congress it was expended hero to 

procm-e the passage of a bill, and, whether it was by private entertainments or by any other process whatever, the Congress of the United 

States must know in what manner it is tha.t le~islation is procmed 

here, or they must cease to have regarcl not only to their own personal chMacter as legislators, but must cease to have respect for the 

people of the United States to what they do here as legislators. 

There is no :t pectin which this witne s presentsfor himself this case on the ground of which Congre s can retreat from this investigation. 

I am myself very well, personally, convinced of the motive that has 

brought him from Europe to tempt a committee of Congress to bring 

him here and to draw out of him just what bas been drawn out of 

him. But I ;tm :filled with amazement that any sane man could for oue moment suppose that he could testify thus far and testify no more. · I do not think it is necessary to present further the reasons for this 

resolution, and therefore, unless some gentleman de ires to present some other view of this ca e, I call the previous question. 

Mr . .MAYNARD. I de ire to a.sk the chairman of the Committee on Ways and .Means a question; but before putting that question I wish 

to say that I quite agree with him that it is right to prosecute this 

inquiry in order to disabuse the public of the iden. thatmn.y have been 

entertained that the expenditure of any amount of money is either nece sary or effective in procuring legislative action in either House 

of Congress. My experience of many years is U.ecided to the effect 

that m:mey is neither effective, desirable, nor useful for that purpose. 

Large sums of money freq nently get into the hands of outsiue persons 

who n.re willing to take it and carry it off; but that it has any effect 

in procuring legislation I do not believe. But this is not the point 

for which I rise. The witness makes this objection : That the Committee on Ways and Means has not been formally authorized by the 

House to make this investigation. I do not recollect myself how the 

bet is. The chairman of the Committee on Ways and Means has 

stated nothing in response to that in the remarks he has made so far as I have heard. I would like to know what the exact state of the 

record is. 

Mr. DAWES. On the 12th Jay of January, 187 4, the Honse referred 

to the Committee on \Vays and .Means the testimony taken in the last 

Congre~touching the subsidy to the Pacific Mail Steamship Company. 

On the 3d April, 187 4, the Honse referred to the same committee a resolution introduced by the gentleman from Kentucky [Mr. 1\!ILuKEY] on the same subject. 

On the 24th of March, 1874, the following resolution was adoptecl 

by the House.: 

Rcso'.ved, That the Committee on Ways and Means are hereby authorized and 

empowered to send fot• persons v.nd p:?pers a.ml administer oaths in all matters from time t.o time pending and under examina.tion before said committee. 

Mr. KASSON. Mr. Speaker, before the question is pot I desire to 

call the attention of the Houso to a provision of law that seems not 

to lla.ve been generally uuU.er tood, a,nd, I apprehenu, could not ha.vo 

been understood by the witness who has taken this great responsibility upon himself. By section 10:2 of the P..evised Statutes of tho 

United States it is provided th:ttEvery_ person who, having been summoned as a witness by the authority of 

either Ho•lse of.:;ongress to give testimony or to produce papers upon any matter under inquiry before eithsr House or any committee of either Honse of <JongTis., 

willfully makes default, or who, having appeared, refu es t.o answer any qnc tion 

pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, 

punishable by a tine of not more than 1,000 nor le s than 100 and imprisonment rna common jail for not less th:m one month nor more than twelv months. 

Audit is further provided by section 103 that no "¢tness is privileged 

to refuse to answer any question "upon the ground that his te timony to such fact or his production of such paper may tend to dis- gra~e him or othe1·wise renuer him infamous." But this witness comes before the corrimittee and cooly refuses to testify on the ground thn.t 

in his judgment it is not honorable for him to mention the names of men into whose pockets he U.esircs us to believe the money went 

in the first instance; and with this law, providing that even if it disgraces him and renders him an infamous man he shall not refu e to 

answer, that is the only reason which he lays before the committee 

touching his liability to answe1·. 

I submit to the House that it is time that, with the utmost serious- ness and earnestness of which we are capable, wo strain to the last 

the law that gives us the power to ascertain whether the charges of 

corruption so frequently made are well founded or not. And if this 

law as it now stands is not sufficient for this purpose, in order to prevent the very sapping of the foundations of public confidence in the 

supreme legislative tribunal of the country, let this Congress llass some law that shall accomplish that object. 

Now, I wish simply to call attention to the fact that if the authority granted on the 12th day of January last, I think~ to the Committee on Ways and Means, authorizing them to summon witnes es and 

to administer on.ths in regard to any matter pending before them-if 

that amounts to anythin·g, we have power to pursue this inquiry and 

to avail ourselves of the utmost privileges the law will allow to 

enable us to get this testimony. I hope that will be done, and that 

in dealing with this witness all proper means will be exhausted to 

procure the facts. 

lli. TREMAIN. Before the gentleman closes I would like to ask 

him whether this statement would be privileged under the provisious 

of any law whatever! 

Mr.' KASSON. 0 no; none at all. 

MESSAGE FROM THE SE~ATE. 

A message from the Senate, by Mr. SniPso~, one of their clerks, 

announced that the Senate had passed a bill (S. No.1043) sru pendiug so much of an act entitled "An act organizing the civil taft" corp· of 

the Army," approved April 23, 187 4, as applies to'' contract snrgeou , ' 

and a bill (S. No. 1054) reserving for the use of Congre s one hnmlrecl 

and :fifty copies of the Revised Statutes authorized to be ·printed l>y 

the act of June 20, 1874. 

RICHARD B. IRWIN. 

The House resumed the consideration of · the resolution reported 

from the Committee on Ways and Means. 

Mr. DAWES. I yield for a few moments to the gentleman from 

Kentucky, [1\ir. BECK.] 

Mr. BECK. .Mr: Speaker, I do not wish to take up the time of tho 

Honse in disoossing this question. I indorse all that the chairman 

has said as to the gravity of the offense committed by tho witne s and as to the duty the House owes to itself. I want simply to call 

attention to the fact that if the House :finds this witne s guilty of 

contempt, or if any other contempt is committed against it at any 

time in the future, its power at present is limited to requiring him 

to answer the questions that ha-.e been put to him in order to purge 

himself of the contempt alleged against him; confinement till the 

end of the se sion being the only punishment possible for refusal. It ~>eems to me that Congress should pass a general law empowering 

"the Houso to commit to the common jail for not more than one year a person who is in contempt. It may be found to be necessary in 

this as well as in many other cases. I shall mge the pas age of such a law, and if this witness rema,ins in contempt, as I believe he will, 

after the law has been pas ed, I would subject him to the penalty 

that it entails by again bringing him before the Honse after t-he 

passage of the law, when, with full knowledge of its provisions, be 

might answer or refuse, and on refusal be snl>ject to its provisions, as I do not desire to do anything which may be considercd .ex post 

facto . The difficulty in the present law, as I sa.id, is thn,t you can punish 

only l>y imprisonment so long as the Congre s lasts. The term of 

this Congress is rapiilly passing away; it will expire on the 4th of 

March next, and then this man can be bailed in auy proceeuing instituted against him in court, and go to Europe or anywhere (\lso, and 

defy the power of Congress to make him answer these questions. I 

think this is one of tho e cases in which tho witnes shoulcll>e kept in 

custody in the common jail for a time not exceeding one year, by the 

expiration of which time anotheT Congre swill convene, which can deal with him. Here is a. man who bas by insinuation at least made a. very serious charge again, t many re pcctable members of Congress, 

and he ought to be kept beyond the }lower of bail until he answers the questions put to him touching the matter of tho e charge . I 

trust the Honse will amend the ln.w in the manner indicated in the 
.· 

1874. CONGRESSIONAL RECOBD. 177 

resolution which I will re:W, the substa.nce of which I shall offer be- reasons, wl.to knew nothing of auy lobby, or never heard of it until 

fore these proceedings close. It is as follows: ~ afterward; who believed the measure was in the interest of comResolved, That the Committee on the Jndicmcy be instructed to report a bill to merce; who believed that there was a virgin field of commerce open 

this Honse, as soon as possible, 80 far amending the law punishing contempts as to to them and that they could bold it and protect it. I rememper the 

authorize imprisonment of the person or persons guilty of contempt under the con- discussion here on the floor at that time on this subject; I took part 

trol of the Sergeant-at-Arms m the common jail for any period not exceeding in it myself. And I know for myself, anu there are others who know 

twelve months from the date of the judgment, unless the person or persons shall equally for themselves, what influence ~vern eel them in their votes. be sooner excused or released by the same or the subsequent Congress. I again protest against its being said t at a whole House is at the 

Mr. WILSON, oflndia.na. I desire to a.sk the gentleman a question· mercy of a hired lobbyist. 

It is, if the House were to order this party put in the jail of the Dis- . Mr. MAYNARD. So far as any personal reflection may rest upon 

trict of Columbia he woulu not thereby puss out of the power and any gentleman who was a member of the Forty-second Congress, 

jurisdiction of the House, a.Rd be in such a position that he might how~ver he may have voteu, I am quite indifferent. If, as has been 

escape the punishment whioh the House would put upon him f well!!aid by the gentleman from Maine, [Mr.HALE,] the character of 

Mr. BECK. We have provided by a resolution that while in the a member of this House is not sufficient to protect him against such common jail he shall be in the custody of the Sergeant-at-Arms of testimony as wo have had here to-day, then it is of so little conse- the House. qnence that it matters not whether it is adverse or otherwise. It is . Mr. DAWES. I hope gentlemen will forbear leaping before they the general character of Congress I would protect rather than that 

get to the stile. of individual members. 

Mr. BEC.K. I hope the Committee on the Judiciary will be able to l\Iy ob:ject in rising now is to call the attention of the Committee 

frame some law that will meet this and similar cases. on Ways and Means to the technical legal attitude of this witness beMr. KELLEY. I ask the gentleman from Massachusetts [Mr. fore the House. Undoubtedly we can hold him in the custody of the 

DAWES] to yield to me for a moment. Sergeant-at-Arms until the 4th of March next. But it is very mani1\Ir. DAWES. For a minute. fest that that would be quite inadeg11ate punishment for this man, 

Mr. KELLEY. As a member of the Forty-second Congress who who confesses that he has pocketed $750,000; and the very fair a.ncl 

supported the grant of this subsidy, not only earnestly but almost strong presumption is that it is in his pocket now, so far as anybody 

enthusia.stically, I desire to say a brief word to the House. Since the else has derived any benefit or advantage from it. What I ask the 

adjournment of the Committee on Ways and Means, of which I have gentlemen to consider is t.hat, when we leave him on the 4th of March 

the honor to be a member, I have had an appeal made to me for "in the custody of the judicial department, he shall be so left that 

mercy so far as my voice goes. I want to echo that appeal As the there shall be no loop-hole out of which he can creep in order to es- chairman of the committee has said, every member of the Forty- cape the penalty of the statute read by the gentlemn.n. from Iowa, 

second Congress that voted for that bill, and every member of that [1\Ir. KAsso~.] For this reason I ask the gentleman from MassaCongress who being in Washington did not vote against it, is under chnsetts [Mr. DAWES] and the gentleman from Iova [Mr. KAsso~] 

a disgraceful charge· sworn to uy this witness. And I ask Congress to whether they are satisfied that after we have taken tb.e steps con- bear them merciful in remembrance, and, in justice to every man who temp1'bted by the resolution against this witness there will be no em- was here and whose hands are free, to stretch the law to its utmost barrassment in his being proceeded against by tho judiciary under 

verge to compel this man to do justice to me and those who were the general statute t 

associated with me from honomble~ motives in trying to secure the Mr. STEPHENS rose. grant of this subsidy. 1\Ir. DAWES. I yield to the gentleman from Georgia, [Mr. STEMr. RANDALL. I nsk the gentlemnn to yield to me a moment. PIIE~S.] 

Mr. DAWES. I will do so. . Mr. STEPH&~S. Mr. Speaker, I wish to say but a word. This is, 

Mr. RANDALL. Having originally introduced the resolution in as the chairman of the Committee on \Vays and Means [1\Ir. DAWES] 

the last Congress, by which the Committee on Ways and Means was stated in his opening remarks, a very grave question. It involves 

directed to make this investigation, I want to correct , an inference principles of the greatest importance. It involves the rightful power 

which seems to be conveyed by the language of the witness, that the of this House to punish for contempts of this sort. This, sir, is not a present House has no jurisQ.iction in connection with this in-vestiga- new question here. It is as old as the arrest of the editor of the 

tion. The investigation was proceeded with by the Committee on Aurora (in 1798,I believe) on the charge of a contempt, (or what was Ways and Means of the last Congress, and at the close of that Con- styled a libel against the Senate.) There must be~ violation of law 

gress, (I think on the last day, or the day before,) this ~stimony was before any body or any tribunal can rightfully punish in Heaven or on reported to the House, and reported sealed, so it was not .kno)Vn what earth. Where there is no violation of law, there is no sin against man was tberein. But the recommendation of the committee wa-s that it or God. This resolution proposes to punish by this House, against 

should be transmitted to the Committee on \Vays and Means of this law. Now, sir, the law th~t was read by tho- gentleman from Iowa, 

Congress. The connection is complete so far as the authority of ;this [Mr. KASSON,] and which was passed some years ago, when I was a committee is concerned, for they took that test.imony which wa-s member of this House, to meet a. similar case, (in which a person was transmitted by a former Congress, and proceeded with the investi.ga.- · impriso,ned, as I believe, illegally, and therefore unjustly,) provides a tion under the law which the gentleman f1·om Iowa [~Ir. KASso~] mode of punishmeRt in a rightful way. Whn.tever maybe the crimo 

ha.s read. I thought the correction of this inference was important of this witne s, he is entitled .to a trial according to the law provided 

enough to justify me in directing the attention of the Hou e to it. for all such offenders. In thiscasethepower oftheHouseis exhausted. 

Mr. DAWES. I now yield to the gentleman from 1\Iuine, [Mr. The concluding section of the act referred to by the gentleman from 

HALE.) Iowa, which he did not read, provides what shall be done in this 

Mr. HALE, of 1\Iaine. For one I bid Gou-speed to this investiga- very case. The matter is "t9 be certified to the proper officer of the 

tion, and I hope it will be carried to the bottom. But I want to p;roper court, and the party is to be indicted and tried by a jury as enter my protest agalm!t the declaration just ma-de ~y the gentleman all other offenders of a like grade. Real con tempts of this House should 

from Pennsylvania, [Mr. KELLEY] that i , that whatever becomes beproperlypunished, butthey~onlybeproperlypunishedwhenpun· 

of this inve tigation, unless it shall follow that this recusant witness isbed a.ccording to law. The great right of all persons charged with 

is made to testify in full, all the members of the Forty-second Con- high crimes and misdemeanors (except in cases of impeachment) is as gre&S who voted for this subsidy, for whatever reason might seem sa.c;red a.s any secured l;ly the Constitution. In.skthe Clerk to read the 

good in the mind of any member, or who being in Washington de- whole act. · clined to vote against it, goes home with a deep disgrace I;esting upon · A 1\.I:E.MBER. What is the title of the act! 

him. I protest against that as an injustice to the Forty-second Con- . Mr. STEPHENS. The title of this chapter in the ~evised Statutes 

gress. is" Congressional investigations." 

Sir, there are some things that go to make up public reputation, The Clerk read as follows: _public honor, and integrity that are not at the mercy of a hired SEc.102. EveryJ.!ersonwho,havingbcensnmmonedasawitnessbytheauthority lobbyist, who comes to these doors and employs others in one way or ' of either Hou.seo.f Congress to give testimony ortoproducepapersupon anymatter 

another that he sees fit not' to tell. There are some· things, thank under inquiry before mther House. or any committee o.f either Honse of Congress, 

H th t t t h. What ·u th · tl ' .,&;' • h willfully makes defunlt, or who, having appeared, refuses to answer any question · eaven, a: are no a 18 mercy. Wl e gen eman a.u Wlt pertinent to the question under inquiry, shhll be deemed guilty of !\misdemeanor, his broad charge against a wholo Congress if this witness continues _punishable by-a fine of not moretha.net,OOOnor less than lOOandimprisonment 

recusant, if he goes to confinement where we sencl him, .anu if he m a common Jail for not less than one month nor more than twelve months. 

refuses to o.pen his mouth, and will not testify where this vast sum SEc. 103. No witness is privileged to refuse to testify to any fact, 'or to produce of money went to, and the term of the House expires and we have any paper, respecting which he shall be examined by either Honse of Congress, or by any committee of either House, upon the ~und tbat.his testimony to such no further jurisdiction over him Y Is public service nothing f Is a fact or his production of such paper may tend to disgnce him or otherwise render 

long record untarnished by suspicion, such a.s many gentlemen have hlm in:farqons. ' 

here in this House a.nd who were members of the Forty-second Con- SEc. 104. Whenever '\ witness summoned as mentioned in section 102 fails to 

gress that voted for that subsiuy-is th:Lt to go for nothin!l T I a.sk testify, andthefMtsarereported to either Honse, thePresidentoftheSenateorthe ~ Speaker of the House, as the case may be, shall certify the fact, under the seal of 

again, is a whole Congress at the mercy of a hired lobbyist wlio by the Senate or House, to the district attorney for the District of Columbia, whose 

implication or insinuation intimates that money has been paid here duty it shall be to bring the matter before the grand jury for their a~tion. 

on this floor to affect legislation Y Doe2 the gentleman, in looking Mr. STEPHENS. Mr. Speaker, I call particular attention to the over his statement, candidly believe that if we do not get at this last section just read. Upon the report of the committee now before 

mi\n and make him testify everybody goes home in disgrace to their us, as I have said, our power unuer this law in this case is exhausted. 

constituents t I for one protest against any such thing. If this party has committed a crime (it is not for me to say whether 

There are members here who voteu for that subsidy for honorable he has or not, I prejudge no man) he has a right to trial by a j nry of 

ill-12 
178 CONGRESSIONAL RECORD. DECEMBER 21, 

his countrymen; and, Mr. Speaker, it is your duty under that act to 

certify this ca~e to the district attorney, that the grand jury may indict 

him, and that be may have a regular trial like all other persons accused 

of crime. We have no rightful power to punish in the way proposed. 

We are as much bound by law as other people. Our duty is to maintain the law and not to break it. 

1\Ir. KASSON. Will the gentleman from Georgia, [Mr. STEPHE~s,] 

befora he sits down, state whether in his opinion the act which has 

been read does not only give an additional remedy in the nature of a punishment, but deprives the Houses of Congress of the remedy existing by ordinary law t 

.Mr. BUTLER, of Massachusetts. Where is the" ordinary law'" 

Mr. KASSON. The lawunderwhich we have acted for years. We 

have in many cases held men for contempt under the ordinary provisions of parliamentary law. 

Mr. STEPHENS. Mr. Speaker, parliamentary common law is not 

in force in this country. This House ha~ no inherent power whatever, and can rightfully exercise no power except that which is con- ferred upon it by the written Constitution. These PC?W~rs are ample, 

but they are to be executed a~cording to law. There 18 no common law extending to this House. This body has no right, on its own mere volition, to punish for contempt, except so far as may be necessary to 

preserve order in the House or for securing a qnorum, a-s provided in 

the Constitution. There is no "ordinary la. w" in the sense intimated 

by the gentleman from Iowa. When this question arose some years 

ago, and when the contumacious witnesses were put in jail, Congress saw the necessity for passing a law on the subject. That law has 

.just been read. It was paBSed with reference to j nst such a case as this; and it provides that a. contumacious witness shall be turned over to the court to have a triaL . That is what I say should now be 

done here. This House has no right to pnnish in such a ca-se as this. 

In my judgment the case is already provided for by law, and should 

be turned over to the courts. 

Mr. DAWES. It would seem to be a sufficient answer to the gentleman from Tennessee [lli. MAYNARD] and the gentlema.n from 

Georgia, [Mr. STEPHENS,] for the present at least, to sa.y that this 

proceeding does not contemplate any punishment whatever. The 

question before the House is whether we shall call this witness before the bar to show cause why he should not answer. Mr. BUTLER, of Massachusetts. No, sir; why he should not be 

"punished for contempt." Let the gentleman read the resolution. 

.Mr. DAWES. I ask the Clerk to read it again. , The Clerk read as follows : 

Ordered, That the Speaker issue his warrant, directed to the Sergeant-at-Arms attending this Honse or his deputy, commanding him to take into custody forthwith, wherever to be found, the body of Richard B. Irwin, and him bring to the bar 

of the House to show cause why he should not be punished for contempt; nnd in 

the mean time keep the said Irwin in his custody to wait the further order of the 

Honse. 

lli. BUTLER, of Massachusetts. Do you hear f 

lli. DAWES. Exactly; to show cause- ?tfr. BUTLER, of Massachusetts. To show cause why he should 

not be punished for contempt. 

lli. DAWES. Exactly; and we propose to hear him before wo dO(\ide the question whether we shall punish him for contempt or not. 

I do not know but my frieml from Georgia. [Mr. STEPHENS] and 

my friend from Tennessee [Mr. MAYNARD] have some other idea. 

I propose to hear him. I wish to enter my protest against the idea 

that the House of Representatives has no power to punish any per- son for cont-empt. Whatever may have been the objectofthe statute, 

the Constitution of the United States has given to tlie House of Representatives power to govern itself and all matters appertaining to the 

just and fair exerr.ise of its powers. It is a grand inquest of itself. 

'fhe Constitution makes it a court of inquiry. Its very constitution 

and purpose and functions are those of inquiry-an inquest-an 

examination. It implies at everystep of itsprogress, in the discharge 

of its duties under the Constitution, examination, inquiry, deliberation, and along with those powers and functions are carried all the means necessary for their fulfillment. 

The Congress of the United States never stripped itself of the 

power to protect itself from any contempt on that body infticted 

upon it from outside. That a witness may be punished for not having .appeared here, whether we bring him before the bar of the House 

and attempt to enforce our order or not, has been the uniform practice of the House of Representatives since it had an existence. It never was doubted upon the records of the House, to my knowledge, 

until to-day. One week ago we brought this witnessMr. TODD. I hope the gentleman from Massachusetts will allow me to ask him a question, and that is, is it not a legal principle that 

wherever the general power exists, or a common-law remedy exists, 

if it is changed or altered by statute the sta.tutory remedy must not 

be pursued exclusive of all others f 

Mr. DAWES. No doubt that as a general proposition it is true, but 

it does not govern this case. I wa~ saying, a week ago we arrested this very witness upon a charge just as much within the letter of this law as the charge to-day, 

and to-day upon his having shown cause we have discharged him. 

.Mr. NIBLACK. Let me ask the gentleman from Massachusetts 

whether this witness ha been discharged from the arrest he ha been 

under for several daysf 

Mr. DAWES. He was discharged by order df the House this morn- inO'. 

ifr. NIBLACK. The understanding was that he was to be discharged, but it had escaped me whether the House had acted upon 

that ·report of the committee. 

Mr. DAWES. The committee reported the fact to the House that 

the reason assigned by the witness for having neglected to obey the summons of the House was satisfactory. Upon that report the wit- ness was discharged from custody. 

I cannot understand by what process it is supposed the House of 

Representatives, clothed by the Constitution and. not by statute with 

the power to enforce its own rules and its own orders, is stripped of 

that power merely by attempting in addition to that authority to 

punish a witness who shall fail to appear. 

Mr. KASSON. Will my colleague allow me to correct a misapprehension in reference to the law, and state a fact in addition Y 

Mr. DAWES. Certainlv. 1 

~· KASSON. By reference to. the act of 1857, which is in the 

RevlSed Statutes, the language will be found to be, after providinO' 

for the ca-se of refusal ·to answer, "the per on so refusing shall, i~ 

additiQn to the pains and penalties now existing, be liable to indictment," &c. The original act which is referred to in the Revised ~tatutes contempl~ted th~. continuance of the then existing penalties, ~nd not their · abolitiOn as suggested by the gentleman from 

Georg1a. 

Mr. BUTLER, of Massachusetts. Existing penalties of another 

statute . 

Mr. DAWES. The proposition is this, that whether this House 

shall have the benefit of the testimony of a witness before it depends 

not upon itself, but upon the action of some other tribunal hereafter. 

Therefore the position of the gentleman from Georgia [Mr. STEPHENS] is that the Honse of Representatives is without power to 

pursue an investigation under any circumstances except such as may be volunta.ry, because whether the 'vitness shall be puni.dhed or not does not depend on them; whether he shall be forced to appear 

before the House does not depend on them, but depends upon another 

tribunal to be assembled hereafter, over whose action the House of 

Representatives ha-s no control, and which, if the position of the gentleman from Georgia be correct, can intervene between the House of 

Representatives and any investigation whatever and render nugatory any attempt to arrive at the truth. Such a construction of ex- isting laws, not supported by a single precedent upon record, but iu 

direct conflict to every precedent from the beginning of the government to this very hour, and especially in the L1.st Congress, from which were taken all these orders and resolutions in hmc verba, mn t require 

the clear, unequivocal, and positive enactment in conformity with an equally clear and positive constitutional authority. This Hou e of 

Representatives might a~ well proclaim to the world that it has 

stripped itself naked of the power for investigation and no longer is 

able to protect itself when ass1.iled in reference to the good morals 

of legislation. 

Mr. BECK. I wish to ask the gentleman from Massachusetts a question before he sits down. 

Mr. STEPHENS rose. ::rtfr. DAWES. I yield to the gentleman from Kentucky. 

?tfr. BECK. I wish to ask the gentleman from Massa~h nsetts whether 

he has ever heard that where a man commits an assault and battery 

in the presence of a court, although there is a law to indict him for 

it, that court cannot punish him for contempt T Is not that a.n analogous case to this one 7 

Mr. DAWES. I always supposed they could until to-day. 

lli. BUTLER, of Massachusetts, obtained the floor, and said: I yield 

to the gentleman from Georgia, [lli. STEPHENS.] 

Mr. STEPHENS. I have not proposed, nor have I uttered a sentiment leading in that direction, to maintain the propo ition that this 

House has not the power to p1mish for contempt. I do not suppose .that any gentleman on this floor entertains that view. There is no doubt that if a. man committed an assault and battery in the presence 

of a judge, he would be committed for contempt. llut how would it 

be if he committed the assault n.nd battery outside ou the street 1 

Would th~ judge then punish him for contempt f He is then liable 

to the law of the land. We have rules in the House, made under the 

Constitution, regula.ting the discharge of the duties incumbent upon us in that respect. 

Mr. BECK. I desire to say to the gentleman from Georgia that if 

this witness made his statement to somebody in the street we could 

not punish him; but he has made it to a committee of this House. 

lli. DAWES. And I wish to inform the gentleman from Georgia 

that a man committ-ed :m assault and battery on a member of Congress down at Richmond, and we brought him here and sent him to 

jail for three months. 

Mr. STEPHENS. And I say you bad no authority to do so. Mr. ELDREDGE. That was what I said here at the time. 

1\lr. DAWES. The decree of the court, on a writ of habeas oorpus 

being sued for, was that we had the authority. 

Mr. STEPHENS. The House of Repre entatives by the Constitution bas the right to determine the rules for its proceedings and to 

punish for viola.tioh. of its rules. But the House has no right to punish any person for n.ny offense committed outside of the House or in 

the streets, even against one of its own members. I know it ha.a 
1874. CONGRESSIONAL RECORD. 179 

done it repeatedly; but I question its power to do it. This matter 

in regard to the power of the House to punish a witness for contempt was thoro~y debated in 1857. 

Mr. DA w ..!!iS. I want to say one word--

Mr. STEPHENS. I am not quite through. I will detain the 

House but a few moments. The question now before us is how fa.r a witness can go and save himself from punishment by refusing to answer a question put to him by a committee of the House. That, 

sir, is settled by law. That is my answer to the gentleman from 

Massa{lhnsetts. That is settled by law, and all that I ask is that this 

House adhere to the law. 

The gentleman from Massachusetts said t.hat this resolution was not to punish. I suppose from its terms that the witness will be re- quired to show cause why he should not be punished. Well, if he comes up to show cause why he should not be punished, I suppose he 

would show no other cause than he has done alreooy ; and the next 

motion would be to punish him; and that, I say, under the law, we have no power to do. 

Mr. BUTLER, of Massachusetts. As a member of the Forty-second 

Congress, who was a member when this subsidy passed, I have no such fear a.s makes it necessary for me to air my virtue by oppressing 

any man. I can stand here and look the people right in the face 

without feeling that I must put anybody in jail to vindicate my 

character or to prevent people from suspecting me of having to do 

with subsidies. I have no fear; I have no favors to ask of any body; 

and I can stand erect in the image of the God that made me and deal 

with the principles of right as they shall seem unto me just. 

Now, sir, I would not interfere with this.matter any moro than I 

did with the passage of the Pacific Mail subsidy, were it not that some of the most valuable principles of the Constitution and the 

rights of the citizen are about, in my judgment, to be trampled 

down at the instance of honest and honorable men like my colleague 

at the head of committees and honest and honorable men on com- mittees, and that precedents will be set which will return to pL'tgue us when stormy times come and bad men get the rule. Therefore I 

think it is that this House of Representatives should see to it that 

they set no precedent to-day :which sha.U hereafter be detrimental 

to the liberties of the citizen. 

I have no sympathy with the man who has stated and sworn npin 

his oath that he gave this money to purchase legislation. Neither 

have I any sympathy with those who are calumniating every public man for every action and every want of action that may be taken. 

I have suffered as much, perhaps, as some of my neighbors, and 

suffered in silence from wrong imputations, and therefore I may 

speak, I trust, with that plainness and with that calmness with 

which a grave judicial question should be treated. I have had 

brought here before, upon my motion, a man to have him show cause why he should not be punished for contempt of the House of Representatives, and he was restrained of his liberty for a given time. His name was Charles Wooley. I thought myself justified wholly and 

completely in that case, as I should not think mysolf justified in 

taking the like a-ction in this caB(\, 

When my friend talks of precedent I desire him to look carefully 

into the precedents. What is the power of Congress f It takes three 

bodies, the President, the Senate, and the House of Representatives, 

to make laws. The Hoose of Representatives can make no law binding upon anybody in this country except its own members and its own officers. The moment yon step beyond that yon are powerless. 

Am I not right, Mr. Speaker, and gentlemen of the House f 

Bot the Constitution ha.s given the House cert..'tin powers, and one is 

the power of impeachment, andin the exercise of that power we have o. right to all the incidental powers necessary to carry it out. We 

are, then, the grand inquest of this nation, and we are the only grand 

inquest of this nation. When we have to inquire into the impeachment of some officer, being made by the Constitution the impeaching power, we have then to ascertain whether the man is worthy 

of impeachment or not. Then we have the power of punishment for 

contempt, and can do all other acts neces ary to the ascertainment of 

thetruth; but where in the Constitutiondoyoufind this new-fangled 

mud-machine, called an investigation, in which no man's character 

is safe, in which no rules of evidence prevail or are for amoment observed! In the Committee on Ways and Means L1.st session such 

questions as these were asked about myself: "Did you ever hear a rumor that he did so and so!" "Was there not some talk in the city 

about it f " And there was some miserable newspaper talk that they 

could see my coat-tail going out of the committee-room. 

Sir, this is not the power given to us by the Constitution. I say 

that we have the power of investigation. What is that power Y 

That power is to ascertain such bets as are necessary to instruct our 

consciences in regard to our duties here, and when we have done 

that, we have gone as far as we have any power to go; and of course in these necessary investigations we are not a grand inquest in any 

form. Our power is simply to investigate facts, to summon witnesses, 

to take their testimony and report it to the House for our instruction. 

Now, I remember well that the law now found in the Revised Statutes was passed in 1856 under precisely these circumstances : The tariff 

law of ltl56 was changed, and a member of Congress from Massachusetts was Speaker. It turned out that an individual from Massachusetts had said somewhere that he had paid $82,000 fortlmt change, 

and there was a movement to have it investigated. The matter was 

brought before the House, and it resulted in such disagreement of 

opinion in the House that this law which the gentleman from Georgia 

[Mr. STEPHENS] has called attention to, was passed to meet the case. But I ask you where does the power of investigation stop f 

Mr. DAWES. My colleague will allow me a moment. I was here 

at the time to which the gentleman refers. The witness in that case was confined in the jail of the District of Colombia, under the order 

of the Honse, until the gentleman from Georgia himself got up and 

requested the Ma.ssa husetts delegation, because the man's wife W8.8 

sick and at the point of death, to ask that he be discharged. In thi3 ca.se the precedent has been followed exactly in the words of t,he 

resolution. 

Mr. BUTLER, of Massachusetts. I am very much obliged to my 

colleague for mentioning that fa-ct. 

Mr. DAWES. If my colleague will indulge me, I will say that I 

remember the gentleman from Georgia [Mr. STEPHEXS} stating the 

fact that under the Constitution we had no right to commit that man to jail. That was before this law was passed. The gentleman from 

Georgia entertained the same ideas before this law wa.s passed that 

he entertains now-- :Mr. STEPHENS. And favored the passage of the law. 

Mr. BUTLER, of Ma.ssachusett.s. I thank the gentlemen for this, 

because it shows exactly what I said to the House; for I speak with 

accuracy-! mean to-that because of that discussion as to the powers 

of the House, this law was passed. 

Mr. DAWES. No, sir. 

Mr. BUTLER, of Massachusetts. Yes, sir; and it was before the 

law was passed that this a{}tion was had. And it was due to the party 

that was not in the majority, to the democratic party, about which I 

knew something in those days, the party to which the gentleman 

from Georgia [Mr. STEPHENS] belonged, that held to the doctrine 

that we have always held, and the doctrine I hold to now, that there can be no imprisonment without the law of the land and +.he judg· 

ment of a court . .Mr. DAWES. My colleague is mistaken; it-wa.s a democratic ma- jority that committed him. 

Mr. BUTLER, of Massachusett-s. Pardon me. Mr. DAWES. The republicans were in the minority, and got the 

aid of the gentleman from Georgia from the majority to help us. Mr. BUTLER, of Massachusetts. Pardon me; was not Banks, the 

know-nothing, Speaker of the House T 

Mr. DAWES. No; James L. Orr wa-s Speaker wheu it was done. 

Mr. BUTLER, of Massachusetts. Let me say further--

Mr. DAWES. I was here. 

Mr. BUTLER, of Ma.ssachusetts. Pardon me; I am not misrepresenting you now, and you would not hear me when you were misrepresenting me, word for word. Now keep quiet. 

Mr. DAWES. I will. . . 

Mr. BUTLER, of Massachusetts. I wa.s saying that the majority 

of the democratic party passed this law, and then I was interrupted. 

Mr. DAWES. The lawMr. BUTLER, of Massachusetts. If you must talk, talk low. I 

say the majority of the democratic party aided to pass the law 

And since that time, for one, I neverwoold have moved toput a man in prison for simply refusing to answer in an ordinary investigation. 

Now, what have we the right to investigate about! Nothing bnt 

whether a law is or is not a good one to be passed. For instance, 

take this Pacific Mail subsidy; the question is whether it is best to 

repeal that law or not. I do not see why we should go into this investigation further. The agentof1hecompanyhassworn uponhis oath, 

being dragged here by process, not coming here voluntarily, so far as I have heard. The las't I heard of him before this was that the chair- man of the Committee on Ways and Means was before the House 

asking that somebody should be sent to bring this witness here, sick or well. If I remember, he did not volunteer to appear here as a witness, but he was dragged here by process; and after he is brought here 

he swears that he paid something to somebody to get this subsidy 

passed. If he did, then for that reason alone I will vote to repeal it, unles.~ the Pacific Mail Company will show that they had nothing to 

do with it. 

I do not care whether he paid it to one man or another. I do not care whether he paid it to Mr. A, Mr. B, or Mr. C; but I utterly protest against this doctrine that the House can sit here and put men in 

jail in order to clear the character of anybody in a former Congress. 

We have enough to do to take care of the country in this Congress 

without clearing the characters of members of a former Congress. We 

have no right to drag out testimony either for or against members of 

former Congresses who ar'3 not here to answer for themselves. The 

half a dozen who are left over here have no right, in order to vindicate their reputa.tion~ to drag out testimony against men who are not 

here. Because mem~rs may say that they feel under a. load, they 

have no right to insist that a burden shall be thrown upon the hundreds of men who are not here to answer. The cruelty is extreme. 

I go farther ~nd say this, that when this witness comes here and 

says, "I have done this, that, or the other," he has done all he is bound 

to do. You cannot go farther; or if you do, you can only ~o on under 

the law and turn him over to the courts for punishment. The gentle- man from Kentucky [Mr. BECK] seems to have forgotten all his ideas 

and opinions of liberty; and he now asks us to pass a retroactive law. 

That is, we have got the man here, and he would pa.ssa lawto inflict 
180 CONGRESSIONAL RECORD. DECEMBER 21, 

a more severe punishment or penalty upon him, compel hini to answer or el e keep him here during his natural life. He would bring him 

up here and ask him a question which he knows he will not a.nswer; 

he will get him to break the law, having passed one which he knows 

he will break. What unbridled license this desire for investigation 

will cause to sprin~ up in a mn,n so honorable as the gentleman from 

Kentucky usually IB. 

·why not put the thumb-screws upon him and torture him f You 

would put in jail a sick man whom you have brought here; you 

would put him in a damp dungeon. Why not put the thumb-screws on him at once, and compel him to answer 7 Think a moment. We are in 

the year 1874, and very near Christmas, when "peace on earth and 

good will to men" is what we should be thinking about. We are in a land of liberty, a land of law, a land of right; and no body of men can summon a person as a witness and then without trial, without 

allowing him to be heard by counsel, thrust him into a dungeon. 

Let us not get frightened out of our proprjety of thought with refer- ence to the rights of citizens. I was surprised to-day by the great 

heat and fooling shown by my friend, the chairman of this committoo, [Mr. DAWES.] Why, sir, that gentleman is a judge in t.his case. He is one of those in whose keeping this ma.n's liberty is. Why this 

feeling against him f And why did another gentleman, my friend 

from Pennsylvania, [Mr. Kl£LLEY,] whom I respect very much, who 

I know always votes for that which he thinks will promote the prosperity of his country and the progress of the world, without any hope 

of reward but the reward of doing right, and who I would not believe to have been guilty of any wrong if forty men like Irwin should come here and swear that they bad placed a bag of gold in his 

hand-why does he feel it necessary to say that all of us who were in 

the Forty-second Congress are under a stigma unless we can squeeze 

certain testimony out of this man f And the gentleman from Iowa 

[Mr. KAsSoN] says," let us strain the law." What language for a law-maker! "Strain thelaw"todowbatT Toputamaninprison. 

What right have you here to investi~ate whether this or that mem- ber of a previous Congress was bribea any more than you have to 

inquire whether a member of a previous House committed robbery, . or adultery, or any other crime, or was divorced from his wife or she from him without good cause f Why not go into such matters 

if you are going into examinations of this kind T Where shall we stop t The Constitution and the law and reason tell us we should 

stop when we pass out of our own doors and out from among our own number. 

Sir, this is no new doctrine of mine. When you undert.ook the 

Credit Mobilier investigation, and when there were blank faces all over this House, mine was an exception. I was not frightened then 

any more than I am now. When you undertook to go and take the 

Vice-President out of his seat in the Senate and investigate his past 

conduct, the Committee on the Judiciary, of. which I was then a mem- ber, brought in a report (which was unanimous with a single exception) that yon bad no right to investigate his doings in a past Congress under any circumstances. That question never directly came up, because when the Credit Mobilier Committee came to act they 

only acted upon the cases of Mr. Ames and Mr. Brooks, who were members of that Congress. 

What aro you going to do Y Suppose yon find out that every member 

in the last Congress not in this House took bribes; how are you to 

punish themf Youmayrnin them, because they may have no opportunity for a defense; you may min them, because some man, to 

account for money that was put into his hands, m:ty say that he 

g:tve it to them; and they may have no opportunity to come in and answer. You may destroy the hopes of them and their families without the judgment of law or the trial of their peers. You h.'1\e the 

bruto force to do it, but you h:tvo not the legal power. 

Now, this man has committed a crime known to the law, tho crime 

of refusing to answer questions put to him by a committee of the 

House of Representatives about a. matter which they say they have a right to ·mquire into. He answers b~k and says, "I appeal to the 

law · I am advised that you have no right to compel me to answer; 

you have no jurisdiction of the question; I appeal to the law of the 

land." The L'1w. of the land says that if a man refuses to answer in 

such a ca,ae he is to be tried by a court and jm·y, and punished by 

imprisonment not exceeding one year. Now, suppose yon bring him 

here, and put him in a common jail and keep him three or four 

months and then turn him over to the court, where he is convicted 

of this crime. Then he is punished by an additional imprisonment 

of a year. Suppose the next Congress should meet in March; for I 

want to see my democratic friends deal with this sort of questions 

awhile when they are in the majority. Suppose be should then be 

brought up again to answer concerning what he did in the Fortysecoml Congress, and should then refuse. Yon may then keep him 

in prison until the end of that Congress, w~ will be two yean~; 

and then you turn him over again to the courts to punish him by 

imprisonment for another year. In other words, when the law has 

said to this man, "If you do this thing you shall be punished by 

imprisonment not exceeding one year," yon punish him by imprisonment for three years or more. By what righU By tho supposed 

right of "common p:t.rliamentary law," unheard of an<l unknown 

except in the British Parliament, which ha.s supreme and unlimited 

authority. There is no common law of the United States. There is a co~mon Jn.w in the States between m:.tn and man, and tmder it they 

nre crimes against the States; but there is no common law of the 

United States, and there is no common parliamentary law in force 

here. But were there ever so much L'1w, when a statute has provided 

distinctly that in such a case a man shall be punished thus far and no further, you cannot without wrong, and great wron~, lay au ounce more of weight upon him, however much yon may aetest the 

crime with which he is charged. 

Let us not bo driven from our propriety of thought, onx manhood, our feeling of justice and right; let us not be driven from our stand 

upon the provisions of the Coustitution in f:tvor of personal liberty; 

for those safeguards are all that is left us in troublous times. Let us not in our burry and excitement put a man in prison without authority of law because we are anxious to vindicate the character of some of onr associates. There is nothing in the Constitution about the 

moral character of legislation that I ever heard. There is no reason and no ground to inve tigate for that reason. It is ad captandum. 

The whole argument is ad captan-dum when we say wo are called upon 

here to vindicate the character of our friends and a~sociates. It is 

appealing to our sympathies for them as against this man for whom none of us has any sympathy. 

We stand here not now as legislators. \Ve stand here now called 

upon to lay down our legislative character and as!:!nme the rod and 

ax, and bring this man in to show cause why he should not be punished. I agree, sir, that this man shoulcl bow can e why he should 

not answer, but I object to a resolution that he should be brought in 

to show cause why he should not be punished. We have no right to 

punish. The House of ReprcsentatiYes under this clause of the Constitution-- . A ME:u.BER. What about the case of Pat Woods Y 

Mr. BUTLER, of Massachusetts. I agree to the punishment of 

Pat Woods. That was another and a different affair. But point me to the statut-e, point me to the Constitution, point me to the law, 

point me to the rule of Congress which shows we can punish. I call on my learned friend from Ohio [Mr. LAWRE...~CE] from his learning 

to point to me the law or constitutional prevision which provides for 

this power in a mere m:tttor of investigation-not for the purpose of 

impeachment, or for the purpo e of e~pelling a member, or for the 

purpose of enforcing order. Where is it! 'J'his is not to enforce 

order. All this mv,n did was-- 1t1r. LAWRENCE. It is neces ary for us to have facts upon which 

legislation shall be foundecl. 

Mr. HAWLEY, of lllinois. Under what law was Pat Woods punished t 

Mr. BUTLER, of Mas~achusetts. Under the law which protects a man ; the power which we have to protect our members coming to 

and. going from their attendance upon Congress. Mr. Porter swore exactly and precisely that be was coming here to answer his n:tme on the roll-call when Pat Woods struck him down. 

Mr. IIA WLEY, of illinois. B"!lt yon say there is no law which gives 

to Congre s power to punish. . l\Ir. BUTLER, of Massachusetts. Pardon me·, it does; it is the 

power of self-protection. I say whatever we have a right to do we have tho right to all the incidents. Dut my proposition is that we have no right to go into the investigation of what took place in another 

Congress. That is no more our business than it is to ascertain what 

took place in tho convention which frruned the Constitution of the 

United States. 

My learned friend from Ohio [Mr. LAWRE~CE] s:tys it is in order 

to learn facts neces ary for legislation. Why will it do him any more good to le:trn the fact that Mr. A received the money rather than 

Mr. B, if we know this money was paid by the Pacific Mail Steamship Company or its nrrents Y 

Mr. LA \VRENCE. f ask the gentleman from Massa.chusetts to yield 

to me. 

Mr. BUTLER, of Ma-ssachusetts. I will yield to the gentlem:tn for a moment. 

Mr. LAWRENCE. I cannot in a moment say what I want to say. 

Mr. BUTLER, of 1\Ia.ssachusetts. Then I will give the gentleman 

reasonable time to say what he wli!hes to. · Mr. LAWRENCE. Mr. Speaker, this is an important question, 

affecting the powers of this House, the rjghts of citizens, and the interests of this country. I have had no time to consider it as it 

deserves, and shall present only such views a now occnx to me. The 

first question to be determined is this: Has this House, by the com- mon parliamentary law, the power to punish for contempt Y Now, 

there are two classes of powers: those which are conferred by ex- press provision of the Constitution and those which are incidental. 

No man doubts but each house of the British Parliament bas power 

to punish for contempt. It is a power long exercised, declared by 

all writers on the British constitution, and denied by no one. When our Constitution confers upon Congress, a8 it does in the very first 

section of the first article, all legislative powers therein granted, 

there is given to Congress the incidental power to ascertain every 

fact nece ·sary to enable it to legislate intelligently on every subject 

within its constitutional jurisdiction. .Among the powc:\rs necessary 

to accomplish this pnrpo e is the power to summon witnesses and to 

compel them to testif,y. Tho power to punish for contempt is not an incident on an incident. It is only a necessary part of the one incidental power. That power has been exercised from the foundation 

of the Government up to this time, and it has never been cloubted or 
1874. CONGRESSIONAL RECORD. 181 

denied' tintil this day. In accordance with that general power, that 

incidental po~er, it is stated in Barclay's DigestThat the failure or refusal of n. witness to n.ppear or refusal to testify is a breach of the privilege of the House, and has been punished by commitment to t.he custody of the Sergeant-at-Arms and by commitment to the common jail of the 

District of Columbi:\. 

Then in this book are cited the pages of the journals where in· 

stances have occurred of the exerciSe of this power. This power bas 

been affirmed to exist by the decision of the Supreme Court, by every 

commenbtor on the Constitution, by the uniform usage of the House, 

and never been denied until now. I shall assume, therefore, that by 

the common parliamentary law, as a necessary inherent incidental 

power of this House, that it has the authority to punish fol' con- tempt just as fully for all authorized legislative purposes as the 

House of Commons of England. The Constitution, in creating a House of Representatives, intemled to give it the same incidental 

powers within its jurisdiction as the House of Commons had in that 

country, from which we derive so much of our constitutional, parliamentary, and other law. 

But my frimd from Massachusetts f:Mr. BUTLER] and my friend 

from Georgia [.Mr. STEPHENS] say this power has been taken away 

by act of Congress-tha.t net which provides that if a witness shall 

refuse to testify he m:l.y bo handed over to the courts and subjected 

to punishment. 

Mr. BUTLER; of M:wmchusetts. Shall be. 

:Mr. LAWRENCE. Certainly, sh:ill be. 

Sir, there are or may be two offe~es. There may be a crime against 

the public, and there may be the offense against the power and au- thority of this House. When we punish for contempt it is an exercise 

of the power of this House to punish for an offense against this House. 

.Mr. BECK. Will the gentleman from Ohio allow me to say one word! I am informed by the Sergeant-at-Arms that while this discussion is going on the witness has gone. I desire to know whether 

the vote may not be taken immediately, so that hiB :~.rrest can be se- cured. · 1\!r. LAWRENCE. I wish to say but a few words more. There 

exists a power in the courts to punish for the crime against the public, 

and a power in this House to secure its rights and punish for a disobedience of its authority\ Now, my friend from Massachusetts knows 

very well, and any gentleman who will turn to Sedgwick u On the 

Construction of Statutes," will find it there laid down that a statute 

does not repeal or take away a. common-law right unless it contains 

negative wor(ls-words expressly abolishing the common-law right. 

But this statute to which reference has been made has no negative on the common-law powers of the House, and those powers are twofold, 

to enforce obedience and to punish~ One has as its object to give 

effect to the general powers of the House ; for w hioh purpose it may 

be necessary to punish for a refusal to obey the House in the exercise 

of its lawful and constitutional powers. Without this penal authority 

of the House its powers would become unavailing and would fall into 

contempt. The act of Congress to which reference has been made 

has for its object the punishment of crimes a~ainst the public. There 

is a necessity for this power in the courts. The Honse, unlike the 

Senate, is not a continuous body. It dies with the entl of the Congress. It can therefore only punish by impriso"Qment not longer than 

the end of the Congresa. That may be, and now is, a very brief term. 

The punishment by the House may be very inadequate. For that reason provision was mn.de giving the courts a cumulative or additional power to punish. Now that, it seems to me, is all there is in 

this matter, and it seems to me perfectly proper that this witness 

shall be brought before the :Uouse, that he may be called upon to 

answer, and we can then determine whether he has committed such an offense as that and on account of it he can be committed for con- tempt. We oug.P.t not to barter away or surrender the common-law 

powers of this House, so essential to obtain information and to secure the ends of justice. 

:Mr. POLAND, I wish to ask the gentleman from Ohio [1\Ir. LAWRENCE] a question. Suppose the House should declare that this man is in contempt, aud we voted that, as a. punishment for that con- tempt, he be imprisoned. in the jail of the District of Columbia six 

days; does the gentleman hold that after receiving that sentence and 

that punishment this man would still be liable to be indicted by the • grand jury of this District for the same thing, aud be punished by a year's imprisonment t 

Mr. LAWRENCE. No, sir; not for the same thing, bnt for the 

crime against the public. Let me illustrate. An example has already 

been given. A court has power to punish as for contempt an assault 

and battery committed in its presence, and yet thepartysopunished 

may be indicted and puni hed for the offense against tb,e State. So 

it may be a crime by statute, for which the offender may be indicted 

and punished, to transfer a promissory note for the purpose of defrauding creditors. It may al~o be a. contempt of court to violate an injunction restraining the tra.ILSfer of the same note, and there may 

be a punishment as for contempt for violating the injunction and 

for the crime against the public. The act for which the punishment is inflicted in 'both cases being the transfer, there yet may be an indictment and punishment for the fraud a.gainst the public under 

the statute as well as the punishment for contempt in violating the 

injunction. 

Mr. POLAND. The difference is that in one case there is a civil 

remedy, in the ather a criminal. 

Mr. LAWRENCE. They are both penal in their natlll'e. The punishment for contempt of the authority of this House may just as well 

be called..a ci vjl remedy. 

Mr. POLAND. How does the gentleman reconcile the two punishments wit4 the provision of the Constitution which declares that a m:1.n shall n'bt be tried but once 1for the &'mle offense f · · 

lli. LAWRENCE. That has reference to courts of criminal jurisdiction, a1;1d ha.., no relation to the common parliamentary powers of 

this House no more than it has to proceedirigs for contempt in the 

courts. No commentator on the Constitution has ever claimed otherWise. 

.Mr. BUTLER, of:MMsachusetts. The parliamentary power to punish a man twice t 

lli. LAWRENCE. The parliamentary power to punish is and can be only exercised once, and is then ftnwtus officio. It is a power which 

has been exercised since the foundation of this Government down to 

this day to punish for contempt. There is no punishment twice for 

the same offense; they are different offenses, punished by different 

tribunals, aud for different objects. This power has never been disputed until now. Bishop, in his Criminal Law.z.ha-s shown that the same act may constitute different and distinct otteiLSes; and Congress 

in passing the act which gives the courts the power of punishment 

expressly recognizes the common-law parliamentary power to punish, 

and in express terms says that-

.A.Jly person summoned as a. witness by authority of the House to give testimony or to produce papers upon any matter before the House or any committee theroof, 

who shall willfully make default, or who, 3.,\)pearing, shall refuse to answer any question pertinent to the matter of inquiry m cons1deration before the House or committee by which he sha.ll be examined, shall, in adcliti<m to the pains· and pen· alties now existing, be liable to indictment as for a misdemeanor. 

Note the words: 

In addition to the pains ~nd penalties now existing. 

To wit, thosethatmaybeinflioted under common parliamentary law. 

'Vhat other pains and penalties can be referred to f 

Mr. BUTLER, of Massachusetts. · That is not on the record. 

Mr. SPEER. Will thegentlemanfrom Ohio allow me to ask him a question T 

Mr. LAWRENCE. Certainly. 

Mr. SPEER. Does the gentleman believe that a confinement 

which a party in contempt has the right to terminate at any moment 

is punishment within the language or spirit of the Constitution T 

:Mr. LAWRENCE. Not at all. That clause of the Constitution 

which prohibits any person from being twice put in jeopardy of life or limb because of any offense, has no reference to the exercise of common parliamentary power by the House of Representatives. It 

relates only to the administration of criminal justice and to those 

offenses which by law are classified as crimes, and which may be 

punished in. the courts. Here is a case where a contumacious wit- ness _may put an end·w his imprisonment, the object of which is to secure his t~tim.ony and not to punish him, so far aa the ends of juatice are concerned. 

Mr. SPEER. That is the precise point. 

Mr. LAWRENCE. The House haa, however, the power to punish. 

\Ve have boon asked to point to the clause in the Constitution which 

confers the power to punish for contempt. It is found in that clause 

which confers legislative power and is an incident of that power. It 

is inherent in the House. It has been said in the caae of the United 

States vs. McDaniel, (7 Poters,) and in United States vs. Lytle, (5 

McLean, 9,) that the Executive Departments must necessarily have 

the inherent power to do many things essential to the discharge of 

th.,ir duties for which no express statute can be found. The same may be said of the Hou es of Congress. It has been said that the Revised Statutes containing the law giving the court.s power to punish a refusal to te tify _do not contain the words "in addition to the pains 

and penalties now existing." They were in the revision dropped out as mere surplusage-u.s unnecessary~ That revision, a-s we aJl know, 

mq.de no change in the law. ~Ir. BUTLER, of Massachusetts. I resume the .floor. I was desirous of hearing what might be said on the law of the matter, and 

it resolves itself into this, that Congress is omnipotent about this 

matt.er because the British Parliament is omnipotent. I want to say 

that that is not a doctrine I can subscribe to. · Mr. LAWRENCE. Is not this'Honse a-s omnipotent as the Honse 

of.Commons in relation to those subjects which are expressly intrusted 

to the Honse by the Constitution Y 

Mr. BUT~ER, of Massa<:husetts. Yes, sir. 

Mr. LA W.RENCE. That is my point. 

Mr. BUTLER, of Massachusetts. In expelling members we have 

all the powers of the British Parliament. But the other element iH mere arrogation. 

Mr. LAWRENCE. And to ascertain the facts necessary to enablo 

it to legislate under the Constitution; that is a power inherent in the 

House. 

Mr. BUTLER, of Massachusetts. There a.ro two incidental power.:J 

involved. There appears to be here a.n incidental power and au incidental power devolved from that under which you claim tb•• 

right to punish a man. 
182 CONGRESSIONAL RECORD. DEOEMBER 21, 

:Mr. SPEER. Has not the Honse the right and power to expel a member who has been corruptly influenced in his votes here! 

Mr. BUTLER, of Massa.chusetts. Yes, sir. 

Mr. SPEER. Well, then, has it not the power to investigate the 

question whether he has been so corruptly influenced or not! 

1\lr. BUTLER, of Massachusetts. Yes, sir. 

Mr. SPEER. How, then, are you. to conduct the investigation if 

the Rouse has not the powor to compel the attendance of witnesses a.nd to punish them for contempt in refusing to testify! 

Mr. LAWRENCE. What is the good of saying that the House has 

the power to investigate such questions when you do not allow it to 

carry into effect that power f . 

Mr. BUTLER, of Massachusetts. This man has sworn expressly 

that he has given no pay to any member of Congress. 

Mr. LAWRENCE. 0 I that is another question. 

Mr. BUTLER, of Massachusetts. There is no charge ma~e here 

against any member of the House. If there were, then you might 

sweep the whole world for witnesses and punish for contempt those 

who refuse to answer the proper questions. You cannot do it unless 

there is some such charge made, unless there is something to which 

you can direct your inquiry. Without that you have not the power to 

send a drag-net through all creation and to scoop up •everything you can against any man's character. 

Mr. SPEER. How are you. going to make charges against a man if you are <ienied the power to summon witneB868 f 

Mr. BUTLER, of Massa.chuset~. How are you going to summon witnesses when there is no charge made against any member of the 

House t When a member of the Honse rises and alleges in his place 

that there is certain evidence against a member of the House, then 

the House has full power to summon that evidence, and not otherwise. 

.Mr. SPEER. If it be not in the power of the House to compel the 

production of evidence, all a man haa to do is to refuse to testify on matters affecting the conduct of members. 

Mr. BUTLER, of Massa.chusetts. Pardon me; I am sorry you did 

not understand me bett.er. You can only inflict punishment as long as you are in existence; but where the Constitution gives you. no power you infer a power. 

Mr. LAWRENCE. It is stated that the agent of the Pacific 

Steamship Company used money improperly to influence legislation. 

There is such a charge. The gentleman from Massachusetts [Mr. 

BUTLER] has said that if this was true he would vote to repeal the 

subsidy. We haTe a right to inquire into the facts touching that 

m:ttter> so that the gentlema.n from Massachusetts may know how to 

vote on a proposition to repeal that subsidy. The House hna the 

right to get all the facts in reference to it. In other words, we are charged with a duty, and that is to inquire in regard to the legislation we have to provide. Is the House powerless to ascertain the 

facts f 

:Mr. BUTLER, of Massachusetts. This power now claimed is not one tha.t can be found in the Constitution of the United States. You 

find in the Constitution no power for t):lis investigation. You infer 

it, and you. then infer the power to control this investi,e:ation. Now, 

when you say that this power of imprisonment has been exercised 

by the House, I say it has been exercised in one or two cases, and 

then the law was passed about it; it was exercised in cases of impeachment and in cases where a member was charged with the com- mission of some act deserving expulsion. 

Let mo repeat here, so that there can be no mistake; whero the 

Constitution has given us the power to do a thing, it has given us all 

the power incident to it; but where it bas not given us the power 

to do a thing, it has not given us an incidental power to take away 

the liberties of a. citizen. One thing further: Congress in 1856 did 

exactly what it had a. right to do. This incidental pewer, they said, we will exercise under this limitation, and this only. If the man does not answer, we will turn him over to the courts to try him, and 

punish him by imprisonment for one year. And so far Congress laid 

down their power, if they ever had it. 

Mr. LAWRENCE. There has been no repeal of the common-law 

power. 

Mr. MAYNARD. Allow me to ask a question. 

Mr. BUTLER, of Massachusetts. Very well. 

Mr. MAYNARD. Have we not always exercised in proper cases . the power to send for persons as witnesses f 

Mr. BUTLER, of Massachusetts. Certainly. 

Mr. }f.AYNARD. Have we not the power to detain those persons 

until they shall have testified t 

Mr. BUTLER, of Ma-ssachusetts. Certainly. 

Mr. MAYNARD. Well, that covers the whole ground. 

Mr. BUTLER, of MMSachusetts. No, it does not cover the whole 

ground. I thought somebody would blunder on that. That power to 

which the gentleman refers is the power of detention, not the power 

of punishment. We do not detain those persons in order to punish 

them, but we detain them in order to use them, to obtain their testimony. We have that powel. This is the power of punishment. 

That is the difference, and it does not cover the whole ground. What 

I am contending for is not that the House baa no power to investigate, but I am contending that this power to punish is against the 

Constitution of the United Sta.tes, that it is a power without warrant 

of constitutional law, or a word oflaw; that all we can do is to send 

him to the courts. That is the only way in which we can undertake 

to punish a man for contempt of the House in this respect, for we have laid down by statute our power t.o so punish him if we ever bad it. And you must have a proper case for investigation. You 

have no right to send for persons and papers in order to investigate 

the question whether John Smith, of Iowa, did this or did the other 

thing. 

Mr. MAYNARD. Is not that a m:ttter for our own discretion f 

Mr. BUTLER, of Massachusetts. No, sir. 

Mr. MAYNARD. Is it not for u.s to determine what we want to 

know and what we do not! 

Mr. BUTLER, of Massachusetts. Pardon me; if you. want to know ever so much, you have no right to use the power of the House to learn 

such a thing as that. I have suggested the common school for that. 

Mr. HAWLEY, of Illinois. Does the gentleman deny the power of 

this House to hold in custody a witne s who refuses to answer f 

Mr. BUTLER, of Massachusetts. To hold him for the purpose of 

compelling him to answer ! 

Mr. DAWES. To hold him in custody! 

Mr. BUTLER, of Massachuseetss. In a case where we have the 

right to bring him before ns. But we have no right to bring him 

here in order to find out whether John Smith's wife baa done this or that. 

Mr. HAWLEY, of Illinois. The gentleman seems to deny the power 

of the House to do anything in this case, and therefore it is not such a case as can be certified to the courts by the Speaker. 

Mr. BUTLER, of Massachusetts. By no means. I waa speaking of 

the Constitution before. Under tl).e law we can bring this man before the House, adjudge him guilty of contempt of the House, and 

send him to the courts under the certificate of the Speaker. 

Mr. HAWLEY, of lllinois. Must we ~art with our right to hold 

that witness in custody and to control him, and put him beyond our reach, because he happens t.o-day to refuse to answer f 

Mr. BUTLER, of Massachusetts. No; we need not certify him to 

the courts unless we pleaae. 

Mr. HAWLEY, of lllinois. Can we hold that witness in custody 

until Congress shall adjourn! 

Mr. BUTLER, of Massachusetts. You have only two remedies, even as you yourselves claim; first, you can hold him here before the 

bar of the House, and the other is to send him to prison for a year. 

You have done .all you can when you. get through with tha.t. The 

fact that you cannot put the thumb-screw on him, as some peoplo 

would like to do, that you cannot put his foot in a boot and twist it 

up, as they used to do in the old times when there was neither law nor constitution; the fact that you. cannot put him on the rack and 

compel him to answer is no reason why you should do this thing. 

Mr. LAWRENCE. Does the gentleman say that this Honse has no power except such as is expressly given by the literal words of the 

Constitution! 

Mr. BUTLER, of Massachusetts. By no means. I have stated over and over again, and I will endeavor to make it plain to the com- monestcomprehension, that by the Constitution this House has certain 

expressed powers and certain incidental powers; the expressed powers 

carry with them incidental powers, but the incidental powers do not 

carry other incidental powers; that is all. 

Mr. LAWRENCE. This Hoose has the power to jndge what are its 

incidental powers. The Supreme Court has decided that Congress is 

the sole judge of its incidental powers "necessary and proper" to 

carry into effect its granted powers. . Mr. DAWES. I call the previous question. 

Mr. COITON. I would like to offer an amendment. 

Mr. DAWES. I cannot yield for that purpose. 

The previous questioR was seconded and the main question ordered; 

ancl under the operation thereof the resolution wn.s adopted. 

HOLIDAY RECESS. 

Mr. DAWES. I now call up the resolution in regard to the holiday 

recess, which has been lying over since last Monday. 

The SPEAKER. The resolution will be read. 

The Clerkread. as follows: 

Resolved, (the Senate concurri~,) That when the two Rouses a~journ on Wednesday, the 23d instant, they adJourn to meet again on Tuesday, the 5th day of 

January next, at twelve o'c1ock noon. 

Mr. GARFIELD. I ask the gentleman from Massachusetts [Mr. • DAWES] to allow me to offer an amendment. 

Mr. SENER. I object to any debate. 

Mr. DAWES. I will yield for any amendment proposing to shorten 

the time or for a motion to lay the resolution on the table. 

Mr. Speaker, I have offered this resolution, according to the usual 

custom, as a report from the Committee on Ways and Means. From 

my experience here my own opinion is that it would be impossible 

to keep a quorum here for business duringtheholidays. If a quorum would stay here and do business, I should be very glad to be one of 

that quorum. But I have seen the effort made·a great many times to 

prevent a holiday recess. I never saw it succeed but once ; and on that occasion there was not a quorum here on a single day of the proposed recess, and no business was transacted. If a majority of the 

House are disposed to stay here and feel it their duty to do so, I 

should be very glad to be one of that number. 

Mr. SPEER. The ~entleman should state that three special com- mittees recently appomted have to be absent during the holidays . 

. 

: 
1874. CONGRESSIONAL RECORD. 183 

Mr. HALE, of Mn.ino. I move that the resolution be laid on the 

table. 

The que~on being taken on the motion of Mr.H.u.E, of Ma.ine, 

there were-ayes 72, noes 96. • Mr. TODD and Mr. SENER called for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 100, nays 126, not 

voting 63; as follows: 

YEA.S-MeRsrs. Albright, Ba.rrere, Baas, Bradley, Bnflinton, Burrows, Roderick 

R. ButleJA Cannon, Carpenter, Cason, Cessna., Clayton, Stephen A. Cobb, Coburn, 

Conger, \Jorwin, Crutchfield, Curlis, lJarrall, Donnan, Field, Freeman, Garfield, 

GunckeL Haua.ns, Eugene Hale, Harrison, Hatcher, Havens, Hays, Gerry W. Ha.-

zelton, Iiendee, Hodges, Hoskins, Houghton, Howe, Hubbell, Hunter, Hyde, Hynes, 

Lamport, Lawrence, Lawson, Loughridge, Lowe, Lynch, Marshall, Martin, Maynard, Alexander S. McDill, .Tames W. McDill, MacDougall, McKee, McNulta, 

Monroe, Moore, Morey, Negley, Niles, Nunn, Orr, Orth, Page, Isaa.o C. Parker, 

Phillips, Pike, Pratt, Rainey Ransier, Ray, .Tames W. Robinson, Rnsk, &?field, 

Sener, Shanks, Sheats, Shel~on, Sherwood; Sloan, Small, H. Boardman Sm1th, .r. Ambler Smith, .Tohn Q. Smith, Snyder, Sprague, StowelL qhristopher Y. Tho~, 

Todd, Tremain, Tvner, Wallace, Walls, White, George Willard, Char~es G. Wi.!-1-

ia.ms, William Williams, William B. Willia.m.s, .Tames Wilson, Jeremiah M. Wil- son, and Woodworth-100. 

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, Averill, Barber, Barnnm, 

Beck, Berry, Biery Blount, Bowen, Bright, Bromberg, Brown, Buckner, Burchard, 

Burleigh, Cain, Caidwell, Chittenden. Amos Clark, jr.,.Tohn B. Clark, jr., Freeman Clark~ Clements, Comingo, Cook, Cotton, Cox, Creamer, Crittenden, Crooke, Crossland, van.ford, Davis, Dawes, Dobbins, Ea~es, Eden, Eldredg~, :F?-nck, Fos~r, 

Frye, Gidding9z Glover, Gooch, Gunter, Hamilton, Hancock, BenJamm W. HarrlS, 

Henry R. Harns, .John T. Harris~ .John B. Hawley, .Toseph R. Hawley, .Tohn W. 

Hazelton, Hereford, Herndon, Hounan, Hurlbut, Kasson, Ke~ey, K~ll?$g, Lan;tar, 

Lewis, Lofland. Lowndes, Magee, McCrary, McLean, Memam, MilliKen, Mills, 

Mitchell, MorriSon, Neal, Nesmith, Niblack, O'Brien, O'NeilL Packard, Packer, 

Parsons, Pendleton, Perry, Pierce, Poland, Randall, Read, Richmond, Robbins, 

Ellis H. Roberts William R. Roberts, .Tames C. Robinson, Sawyer, Henrv B. Sayler, Milton Sayler, Schell, Henry .T. Scudder, Isaac W. Scudder, Lazarns D. Shoemn.ker, 

A. Herr Smith, Speer, Stanard Stone, Strait, Strawbridge, Swann, Charles R. 

Thomas, Towns~nd, Vane~ 'Y~dell, Waldron, .Tasp~r D. Ward, Wells, W}l~eler, Whitehead, Whitehouse, w mtthorne, Charles W. Willard, .Tohn M. S. Williams, 

Willie. Ephraim K. Wilson, Wolfe, .John D. Young, and Pierce M. B. Young-126. 

NOT V'"OTING-Messrs. Albert, Banning, Barry, Begole, Bell, Bland, Bundy, 

:Benjamin F. Butler, Clymer, Clinton L. Cobb, Crocker. Crounse, DeWitt, Duefi, 

Dunnell, Durham, Farwell, Fort, Robert S. Hale, Harmer, Hathorn, Hersey, E. 

Rockwood Hoar, George F. Hoar, Hooper, Hunton, Kendall, Killinger, Knapp, 

Lamison, Lansing, Leach, Luttrell, Mc.Tunkin, Myers, Hosea W. Parlier, Pelliam, 

Phelps, .Tames H. Platt, jr., Thomas C. Platt, Potter, Purman, Rapier, Ross, .Tohn 

G. Schumaker Sessions,' Sloss, Smart, George L. Smith, Wiillam A. Smith, Southard, Standiford, Starkweather, Stephens, St. .Tohn, Storm, Sypher, Taylor, Thornburgh, MArcll8 L. Ward, Whiteley, Wilber, and Wood-63. 

So the resolution was not laid on the table. 

Durin_K the roll-call the following announcements were made: 

Mr. LuTTRELL. On this question I am paired with the gentle- man from New York, Mr. POTTER. If he were present he would 

vote "no ·" I should vote " ay." 

Mr. PLATT, of Virginia. On this question I am paired with the 

gentleman from Ohio, Mr. LAMISON. If he were here he would vote 

in the negative, and I in the affirmative. 

Mr. BUNDY. On this question I am paired with the gentleman 

from New York, Mr. DEWITI, who, if present, would vote "no," 

while I should vote" ay." 

Mr. SCOFIELD. My colleague, Mr. Ross, is detained from the 

House by sickness. 

The result of the vote was announced as above stated. 

Mr. GARFIELD. The gentleman from Massachusetts yields to me to offer an amendment that the House shall adjourn from Thursday 

next, the 24th of December, to Tuesday, the 29th day of December. 

December. 

Mr. DAWES. I now call for the previous question. 

The previous question was seconded and the main question ordered. 

The question first recurred on Mr. GARFIELD's amendment. 

The House divided; and there were-ayes 62, noes 90. 

Mr. MAYNARD demanded the yeas and nays. 

The House divided; and there were-ayes1B, noes 92. 

So (one-fifth of ihose present not having voted in the affirmative) 

the yeas and nays were not ordered. 

Mr. SENE& demanded tellers. 

Tellers were not ordered. 

So the amendment was rejected. 

The question then recurred on the original resolution. 

Mr. PAGE moved that the House adjourn. 

The motion was disagreed to. 

Mr. PLATT, of Virginia, clemanded the yeas and nays on the adop- tion of the resolution. 

The SPEAKER appointed as tellers Mr. NEGLEY and Mr. RA...~SIER. 

The House divided; and the tellers reported ayes 38, noes not 

counted. . 

So (one-fifth of those present having voted in the affirmative) the 

yea.s and nays were ordered. 

The question was taken; and it was decided in the affirmativeyeas 121, nays 93, not voting 75; as follows: 

YEAS-Messrs. Adams, Arthur, Ashe, Atkins, Averill, B..'lrnum, Book, Berry, 

Biery, Blount, Bowen, Bromberg, Brown, Buckner, Burchard, Burleigh, Benjamln 

F. ButleriCain, Caldwell, Chittenden, Amos Clark,jr.,.Tohn B. Clark, jr., Freeman 

Clarke, C ements, Comingo, Cook, Cotton, Cox, Crealn.er, Crittenden Crook;e, Crossland, CartisJ.. Danford, Davis, Dawes, Dobbins, Eames, Eden. Eldredge, Finck, Foster, Fr~, u-idding-s, Glover, Gooch, Gunter, Hamilton, Ha.ncock, Benjamin W. 

Harris, Henry R. Harris, John T. Harris, .T ohn B. Hawley, .T oseph R. Hawley, .T ohn 

W. Hazelton, Hereford, Herndon, Holm.'\n, Hurlbut, Kasson, Kelley, Kellog,e, La,. mar, Lewis, Lowndes, Magee, McCrary, McLean, Merriam, Milliken, Mills, )fitchell, Morrison, Neal, Nesmith, NibL1.ck, O'Brien, O'NeilL Packard, Packer, Parsons, Pendleton, Perry, Pierce, Poland, Randall, .Read, Richmon~ R~bbins, Elli.1 

H. P.A>berts William R. Roberts, .Tames C. RobiDSon Sawyer, .11.enry B. Sayler, 

Milton Sayler, Schell, Henry .T. Scudder ~ W. Sau~der, Lazarus D. Shoemaker, 

A. Herr Smith, Speer Standard, Stone, Strait, Strawbndge, S_wann, Taylo.r, Townsend, Vance Waddell, Waldron,.Tas~r D. Ward, Wells, Whitehe..'l.d, Whitehouse, 

Whitthorne: Charles W. Willard, Willie, Ephraim K. Wilson,.Tohn D. Young, and 

Pierce M. B. Young-121. NAYS-Messrs. Albright, Barber, Barrera, Bass, Bradley, Bright, Buffinton, 

Burrows Roderick R. Butler, Cannon, Carpenter, Cason, Cessna, Clayton, Stephen 

A. <Jobb,' Coburn, Conger, Corwin, Crounset.frutch.ftel~, DarrallhDonnan, Durham, 

Field, Freeman, Gunckel, Hagans, Eugene .Hale, Harrison, Hate er, Havens Hays, 

Gerry w. Hazelton, Hodges, Hoskiris, Houghton1 Howe, H.unter, Hyde, Hynes, Lamport. Lawrence, Lawson, Lowe, Lynch, MarsnaJl, Martin, Maynard, Alexander s. McDilL .Tames W. McDill, MacDougall, McK~e •. McNulta., .JJ;onroeJ.. M<X?re, 

Negley Niles Nunn, Orr, Page, Isaac C. Parker, Phillips, Pratt, RaineY.t. ... ..tt..'lnsler, 

Ray, .r~es W. Robinson, RusK, Saner, Sheats, Sherwood, Sloan, Smart, .11.. Board- man Smith, .T. Ambler Smith, John Q. Smith, Snyder, Sprague, Starkweather, 

Stowell Christopher Y. Thomas, Todd. Tremain, Tyner, WallS, Marcns L. Ward, 

White, George Willard, Charles G. Willi..'\DlS, William Williams, William B. Williams .r ames Wilson, and Wood worth-9:J. 

N<:h VOTING-Messrs. Albert, Archer. Banninu, Barry, Begole, Bell, Blantl, 

Bundy Clymer Clinton L. Cobb, Crocker, DeWitt, l5uell, Dunnell, FarwelL Fort., 

Garfieid. Robe~t S. Hale, Harmer, R. athorn, Hendee, H~!tb E. Rockwood Hoar, 

George :i!'. Hoar, Hooper, Hubbell, Hunton, Kendall · · g:er, Knapp, Lami- son Lansing Leach, Lofland, Loughridge, Luttrell, Mc.Tnnkin, Morey, Myers, Ortb, Hosea' W. Parker, Pelhaffit Phelps, Pike, .Tames H. Platt, jr., Thorn~ C. 

Platt. Potter Parman, Rapier, Ross, .John G. Schumaker, Scofield, SesSlons, 

Shanks Sheldon Sloss, Small, George L. Smith, William A. Smith~ Southard, St:mdif~rd, Stephens St. .Tohn, Storm, ~ypher, Charles R. Thomas, Tnornburgh, Wallace, Wheeler, Whlteley, Wilber, .John M.S. Williams, Jeremiah M. WilsOn, 

Wolfe, and Wood-75. 

So the resolution was adopted. 

During the vote, 

Mr. LUTTRELL stated that he was paired with Mr. POTIER, who 

would vote in the affirmative, whil~ he would vote in the negative. 

Mr. ARCHER stated that he was paired with M:r. SHELDON, who 

would vote in the negative, while he himself would vote in the 

affi.rmati ve. Mr. PLATT, of Virginia, stated that he was paired with Mr. LAMIsoN, who would vote in the affirmative, while he would vote in the 

negative. 

Mr. BUNDY stated that he was paired with Mr. DEWITT, who 

would vote in the affirmative, while he would vote in the negative. 

Mr. STRAIT stated that Mr. DUNNELL, who woulcl, if present, vote 

in the negative, was detained from the House by illness. 

Mr. SHANKS stated that he was paired with his colleague, Mr. 

WOLFE, who would vote in the affirmative, while he would vote in 

the negative. 

Mr. WILLIAMS, of Massachusetts, stated that he was paired with 

Mr. HUBBELL, who would vote in the negative, while he would vote 

in the affirmative. 

The vote was then announced·as above recorded. 

Mr. RANDALL moved to reconsider the vote by which the resolution was adopted; and also moved that the motic:m to reconsider be 

laid on the table. 

The latter motion was agreed to. 

BRIDGE ACROSS THE MISSISSIPPI RIVER. 

Mr. NEGLEY moved, by unanimous consent, that the bill (H. R. 

No. 3550) amendatory of the act approved March 3, 1873, entitled 

"An act authorizing the construction of a. bridge a~ross the Mississippi River, at Saint Lonis, in the State of Missour~" which was made 

the special order for to-day after the morning hour, be postponed 

until the next Monday, after the morning hour. 

The motion was agreed to. 

E!ffiOLLED BILL. 

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

that they had examined and found truly enrolled an act ( S. No. 

1023) for the relief of certain settlers on the public lands; when the 

Speaker signed the same. BOUNTY. 

Mr. COBURN. I move by unanimous consent that the first Tuesday after the recess be set for the consideration of the bill in relation 

to bounties. • The SPEAKER. Where is the bill! 

Mr. COBURN. It is upon the general Calendar. I move that 

Senate bill (S. No. 14) in relation to bounties be taken from the general Calendar and considered in the House on that day. 

Mr. WILLARD, of Vermont. It ought not to be taken from the 

general Calendar, and I therefore object. 

Mr. COBURN. I move to suspend the rules in order that tha.torder 

maybe made. 

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

The House divided; and there were-ayes 69, noes ;.}.5, 

Mr. COBURN demandecl t.he yeas and nays. 

The yeas and nays were not ordered. 

So the motion was agreed to; and accordingly (at five o'clock p. m.) the House adjourned. 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were pre- sented at the Clerk's desk, under the rule, and referred as stated: 

By Mr. AVERILL: Papers relating to the claim for relief of C. E. 

Davis, late captain and recruiting offi~er Hancock Veteran Corps, 

to the Committee on Military Affair!. 1 -
184 CONGRESSIONAL RECORD. DECEMBER 22, 

By Mr. BRADLEY: A paper for the establishment of a post-route 

from Howard City to Lake View, Michigan, to the Committee on the Post-Office and Post-Roads. 

lly lli. BUFFINTON:. The petitions of William S. McFarlin, Mary 

O'Neill, Michael Hart.y, Mary J. Taunt, and Robert Anderson, for penz:;ions, severally, to the Committee on Invalid Pensions. 

Also, the petition of the Methodist Episcopal church, of Miller's 

Falls Mas achusetts, for the appointment of a commission of inquiry onc~rning the alcoholic-liquor traffic, to the Committee on the Judiciary. . By .Mr. BURLEIGH : Papers relating to the application of Captain 

Charles F. Larrabee for re toration to service, to the Committee on Military .Affairs. 

lly Mr. BURROWS: The memorial of Laban Heath, of the firm of 

Laban Heath & Co., publishers, of Boston, Massachusetts, ior relief, 

to the Committee on Claims. . By Mr. BUTLER, of Massa.chuse.tts: Memorial of Thomas J. Durant, on the subject of the currency, to the Committee on Banking and 

Currency. By .Mr. CHIPMAN: The petition of Verlinda Davis, for a pension, 

to the Committee on Invalid Pensions. 

Also, the petition of John D. McDill, of Georgetown, District of 

Columbia, for indemnity, to the Committee on the District of Columbia. 

Also, the petition of citizens of Tennessee, for the completion by Congress of the Wa-shington Monument, to the Select Committee on the 

'rVashington National Monument. 

By Mr. CLAYTON: The petition of Mary E. Coolidge, for a pension, 

to tlle Committee on Invalid Pensions. 

By Mr. COTTON: The petition of citizens of Cedar County, Iowa, 

for the removal of the United States district court for Iowa from Keokuk to Burlington, to the Committee on the Judiciary. 

Also, the petition of attorneys of ~uscatine Csunty, low.\, of similar 

import, to the same committee. 

By Mr. HARRIS, of Virginia: Papers relating to the cL<tim of Mrs. 

Caroline Heater, of Middletown, Frederick County, Virginia, for quartermaster stores aild commissary supplies, to the Committee on War 

Claims. 

By Mr. HAWLEY, of Illinois: The petition of Joel Ware, praying 

Congress to take immediat.e steps to secure a perfect title to the 

national cemetery at Arlinpn, to the Committee on the Judiciary. 

By Mr. G. F. HOAR: The petition of Mary J. Miller, of West 

Brookfield, Ma-Bl:lachusetts, for a pension, to the Committee on Invalid Pensions. 

By Mr. HOOPER: The petition of the Park Street Methodist Episcopal church, of Chelsea, Massa-chusetts, for the appointment of a commission of inquiry concerning the liquor traffic, to the Committee on the Judiciary. 

By Mr. HUBBELL: The petition of A. P. Swineford, Joseph H. 

Primeau; A. K. Harlow, and 150 others, for improvement of :Marquette Harbor, to the Committee on Commerce. 

By 1\fr. HYDE: The petition of Jackson Loven burg, for relief, to 

the Committee on Claims. 

By Mr. HINES : Several petitions of citizens of Arkansas, for re- lief, to the Committee on the Judiciary. 

By Mr. KASSON: The petition of citizens of Decatur County, Iowa, 

for the removal of the United States district court for Iowa from 

Keokuk to Burlington, to the Committee on the Judiciary. 

Also, the petition o.f attorneys of Decatur County, Iowa, of similar 

import, to the same committee. 

Also, the petition.of citizens of Lucas County, Iowa, of similar import, to the same committee. 

Also, the petition of John H. Looby, for increase of pension, to the 

Committee on Invalid Pensions. 

By Mr. KEL.LEY: The petition of David G. Wilson, of Philadelphia, for pay n-s second lieutenant while .serving in that capacity 

under governor's commission, to the Committee on Military Affairs. 

Also, the petition. of Mrs. E. Theodosia Bryan, of Philadelphia, for a •pension, to the Committee on Revolutionary Pensions and War of 1812. 

By lli. LAMPORT: The petition of citizens of New York, for relief, 

to the Committee on the Judiciary;. 

By ltfr: LEWIS: The petition of Fendall Carpentert of Somerville, 

Tennessee, for payment for cotton taken by United States forces, to 

the Committee on vV ar Claims. 

By :Mr. LUTTRELL: A paper for the establishment of a post-route 

from Pine Flat, via Illinois City and Mercuryville, to Geyser Springs, 

Sonoma County, California, to the Committee on the Post-Office and 

Post-Roads. · Also, the petition of Jane D. Brent, widow of Captain Thomas L. 

Brent, United States Army, for a pension, to the Committee on Invalid Pensions. 

By 1\fr. :MAGEE: The petition of Lawrence Gross for a pension, to 

the Committee on Invalid Pensions. . By Mr. MAYNARD: Several petitions of citizens of Tennessee, 

praying relief to the Committee on the Judiciary. 

By Mr. McCORMICK: The petition of 0. W. Streeter, of Tucson, 

Arizona, for relief, to the Committee on Claims. . By lli. McCRARY: The petition of citizens of Pleasant Grove, Des 

Moines County, Iowa, for the removal of the United States district 

court for Iowa from Keokuk to Burlington, to_ the· Committe on the 

1udiciary. · 

Also, the petition of attorneys of Jefferson County, Iowa, of similar 

import, to the same committee. 

By Mr. McDILL, of Wisconsin: The petition of late soldiers in the 

volunteer forces of the United States, for amendments of the bounty 

law, to the Committee on Military .Affairs. 

By Mr. McLEAN: The petition of J. H. Bemis, J effe'rson, Texas, fot an appropriation 'to pay his claim against the United States, which 

has been passed upon hy the accounting officers of the TreMury, to 

the Committee on Appropriations. 

By lli. MOREY: The remonstrance of B. F. Fort, and the police 

jury of Bossier Parish, Louisiana, against the closing of Jones's Bayou, on the Red River, to the Committee on Commerce. 

Also, several petitions of citizens of Louisiana, praying relie~, to 

the Committe on the Judiciary. 

By Mr. NESMITH: The petition of citizens of Oregon, praying re- lief, to the Committee on the·Judiciarry. 

By Mr. O'BRIEN: Papers relating to the application of Anton Hoeflich, late sergeant Company H, Fifth Maryland Volunteers, for 

bounty, &c., to the Committee on War Claims. 

By Mr. RICHMOND: Papers relating to the claim of C. S. Reisenger, late first sergeant Company H, One hundred and fiftieth Pennsylvania Volunteers, to the Committee on Claims. 

Also, the memorial of J. J. J.Jints, praying compensation for services as custodian of public property at Erie, Pennsylvania. to the Committee on Claims. 

By Mr. ~LLIS H. ROBERTS: The petition of discharged soldiers 

of Rome, New York, for an amendment of the homestead law so that 

bounty lands may be reserved for soldiers, sailors, and marines until 

they or their children settle upon them, to the Committee on Military .Affairs. 

By Mr. SCUDDER, of New Jersey: The petition of the Society of 

the Cincinnati, in the State of New Jersey, urging passage of bill 

(H. R. No. 1184) to provide for the settlement of the claims of the 

officers of the revolutionary Army and the widows and children of 

those who died in the servi~, to the Committee on Revolutionary 

Pensions and War of 1812. 

Also, the petition of Mathilde Renne berg, for a pension, to the Committee on Invalid Pensions. 

By Mr. SHELDON : Papers relating to military indemnity claim of 

the State of Louisiana against the United States, foT expenses "incurred by the State in raising State troops to aid in the enforcement 

of the laws of the United States pending reconstruction in 1866 av.u 1867, to the Committee on War Claims. 

Also, the petition of Joseph R. Shannon, to be paid the value of 

steamer W. Burton, to the Committee on War Claims. 

Also, the memorial of Robert F. Hunter, asking that the Commissioner of Internal Revenue be directed to enter into a contract with 

him for use of his internal-revenue stamp and to compensate him 

for its past use, to the Committee on Expenditures in the Treasury 

Department. 

By Mr. SMITH, of Ohio : The petition of Charles Cline, for a pension, to the Committee on Revolutionary Pensions and War of 1812. 

Also, the petition of William Dilcher, for relief, to the Committee on War Claims. . By .Mr. SMITH, of Virginia: The petition of Thomas K Feagan, 

for relief, to the Committee on War Claims. 

By Mr. TODD: The petition of Estella, S. Wood, of Carlisle, 

Pennsylvania, for arrears and increase of pension, to the Committee on Invalid Pensions. 

By Mr. W ALLA.CE: A paper for the establishment of a. post-route 

from Jefferson, Chesterfield County, to Camden, 'Kershaw County, 

South Carolina, to the Committee on the Post-Office and Post-Roads. 

IN SENATE. 

TUESDAY, December 22, 187 4. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

'fhe Journal of yesterday's proceedings was read and· approved. 

MESSAGE l'ROM THE HOUSE. 

A message from the Honse of Representatives, by Mr. CLINTON 

LLOYD, its Chief Clerk,annonnced that the Honse had passed a con- current resolutJon providing that when the two Houses adjourn on the 23d instant, they shall adjourn to meet again on Tuesday, the 5th 

day of January next; in which the concurrence of the Senate was requested. E~OLLED BILL SIG~"'ED. 

The message also announced that the Speaker of the House had 

signed the enrolled bill (S. No. 102:J) for the relief of certain settlers on the public lands; and it was thereupon signed'by the Vice-President. PETITIO~S AND ME:\IORIALS. 

Mr. SCOTT. I present the memorial of the board of commissioners 

for the improve..nent of the Ohio Rinr and its tributaries, a body 

appointed by the governors of seven States, calling the att.ention of 

Congress to the importance of making a necessary appropriation for