• 

638 CONGRESSIONAL· RECORD-HOUSE. 

BILL INTRODUCED. 

Mr. BLAINE. I ask leave now to introduce a bill embracing the 

-provisions I tried to get on the naval bill, and which everybody is in 

favor of. · By unanimous consent, leave was granted to introduce a. bill (S. No. 

1684) to regulate promotion in the N ~ vy, and for other pttrposes ; and 

it was read twice by its title, and referred to the Committee on Naval 

Affairs. ORDER OF BUSTh."'ESS. 

l\lr. EDMUNDS . . Mr. President, I move that the Senate proceed 

to the consideration of the resolutions I had the honor to offer in 

regard to the constitutional amendments. Mr. THURMAN. I move that the Senate adjourn. 

Mr. DAVIS, of Illinois. I wish to have a bill referred fir t. 

The PRESIDING OFFICER. The Senator from Vermont moves to postpone the patent bill. · · · Mr. EDMUNDS. The patent bill <loes not come up by law. That 

bill was displaced ye terday by the naval bill going over as unfinished business. 

The PRESIDING Ol!'"'FICER. The Chair is informed otherwise at 

the desk, that the patent bill was laid aside temporarily. 

Mr. EDMUNDS. It was laid aside yesterday temporarily, and this 

other bill came over as unfinished business. The patent bill therefore has lost its place. · The PRESIDING OFFICER. The patent bill is the regular order, 

in the opinion of the Chair. 

Mr. EDMUNDS. Then I move to postpone the present and all 

prior orders and take up the resolutions. · The PRESIDING OFFICER. The Senator from Verment moves to lay aside the present and all prior orders for the purpose of taking 

up the resolutions he has indicated. 

Mr. THURMAN. I move that the Senate adjourn. 

The PRESIDING OFFICER. The Senator from Ohio moves that 

the Senate adjourn. . · Mr. PAD DOCK. I ask the Senator from Ohio to give way to a motion for an executive session. 

Mr. THURMAN. Let us try an adjournment first. 

The PRESIDING OFFICER. It is mpved that the Senate do now 

adjourn. 

The question being put, there were on a division-ayes 23, noes 20. 

Mr. EDMUNDS called for the yeas and nays; and they were ordered, 

and the Secretary proceeded to call tho roll. • Mr. :MATTHEWS, (when his name was called.) I am paired on this question with the Senator from Indiana, [Mr. McDOYALD.] 

Mr. PADDOCK, (when his name was called.) On this question I 

::unpaired with the Senator from New Jers6y, [Mr. R~DOLPII.] 

Th£\ roll-call was concluded. 

Mr. EDMUNDS. I wish to announce that the Senator from Michigan, [Mr.CIIRISTIANCY,] w"ho is absent on account of illness, is paired on all political questions, as he tells me, with the Senator from South 

Carolina, [Mr. BUTLER.] Mr. TELLER, and Mr. KIRKWOOD, a:nd Mr. 

C.AJillRON of \Visconsin are paired with certain Senators whose names I have in my desk, upon all political questions. 

Mr. GARLAND, (who had voted in the affirmative.) I suppose I 

have Toted im:tJroperly, as I am paired with the Senator from Iowa, 

[Mr. KIRKwooD,] who is now absent. If this is a political question, 

I ask leave to withdraw my vote. 

The PRESIDING OFFICER. The Senator from Arkansas withdraws his vote. 

Mr. BUTLER. I am in the same predicament. I did not suppose a question of adjournment was a politica.l question, and therefore I 

Toted "yea.;" but if it is to be a political question, of course I withdraw my vote, as I am paired with the Senator from Michigan, [Mr. 

CHRISTIANCY. J 

Mr. MAXEY. The Senat-or from California [:Mr. S..rnGEXT] and my 

colleague [Mr. CoKE] are paired. ·I am requested to announce that 

fact. • Mr."MERRIMON. On all political questions I am paired with the 

Senator from Kansas, [Mr. INGALLS.] As this is treated as a political 

question, I shall not vote. 

Several SENATORS. It is not political. . Mr. :M,ERRIMON. I am paired with the Senator from Kansa . If 

the gentlemen on the other side of the Chamber think this is a political question, I feel constrained to keep my pair, but I hear one gentleman on the other side of the Chamber say that he <loes not regard 

this as a polit,ical question at all, and he has voted. 

:Mr. EDMUNDS. Did the Senator address himself to me f 

1\Ir.MERRI.MON. I am paired with the Senator.from Kansas when 

amy political associate of his shall request me to do it on a political 

question. If this is treated as a political question, I am ready to ob- erve that pair, but I find there is a dilference of opinion about that. 

One gentleman· on the other side of the House has sug(Yested that he 

does not regard it as a. political question, and has Toted for the motion. 

Mr. EDMUNDS. I certainly cannot interfere in a question of peronal pairs between the Senator from North Carolina and the Senator from Kansas; but a Senator of one party moved to take up what 

may be regarded as a political question ; a prominent Senator of 

another party moved immediately to adjourn, and thereupon the parties have apparently divided pretty nearly upon equal lines. I have 

nothl?g to advise of course on the question. Everybody must judg& 

for himself. 

Mr. MERRIMON. I believe I shall decline to vote. 

Mr. HARRIS. Mr. Presiaent I should like to inquire of the Senator from Maine [Mr. BLAINE] if his colleague [Mr. ~~~}left with 

him any statement as to his pair. I remember that the senior Senator from Maine [Mr. HA.."ULIN] before he started for Texas asked me to pair with him upon a specilic question; I am not inclined to think 

that anything was said about political questions; but if the Senator 

from Maine has left a statement, or if he understood that I was paired 

with him upon political questions, I shall certainly observe it. 

Mr. KERN AN. Allow me to state that I have a memorandum given me by Senator BAYARD that he and the senior Senator from Maine 

[Mr. H.ur~] were paired on all political questions and they both 

went down to Texas together. 

:Mr. BLAINE. I was going to say that I knew nothing whatever 

about it. ~Ir. KERNAN. :Mr. BA'f"ARD said he was paired with some othergentleman on one particular question. . Mr. BAILEY. This question seems to take a political form, and a such I decline to vote. I am paired with the ~enator :from Wisconsin 

[:Mr. CA..liEP..O~] on all political questions. 

11Ir. ED.YUNDS. I wish to say in correspondence with the statement of the Senator from Tennessee [l\Ir. HARRIS} that l have been 

informed that Senator lli.."\ILI:Y and Senatm· BAYARD, who have both 

gone together, are paired on political questions, so that the Senator 

from Tennessee appears to be free from it. l\fr. WITHERS. I am aware of it. I was present when the ar- rangement was made. • Mr. CHAFFEE, (who had voted in the negative.) I am paired 

with the Senator from Louisiana [Mr. Ecsrrs] on political questions. 

It did not appear to me that a question of adjournment could be soreg~ded, and I voted; but as it is so regarded, I withdraw my vote. Mr. BOOTH. As explanation seems to be in order, I will say that 

I have voted in favor of the motion to adjoru·n becausA I understood 

the motion of the Senator from Vermont wouh\ supersede the patent 

bill, and I consider that practical legislation. However important 

the resolutions may be, it is at le:tst of equal importance, anll paramount in my mind to-day. . The Secretary read the list: of yeas and nays. . Mr. BAILEY. I announced a moment ago that I had paireJ. with 

the Sehator from Wis~onsin [Mr. CAMERO:Y] on all political questions; 

and as this question eemed to take a political shape, for -that rea sou. I withdrew my vote ; but I notice that the Clerk has recorded it. 

The PRESIDIKG OFFICER. The Senator's vote will be witlldrawn. 

The roll-call haTing been concluded, the result was anhOuuoad- yeas 24, nays 19; as follows : 

Barnum, 

Beck, 

Booth, 

Cockrell, 

Davis of illinois, 

Davis of West Va., 

AliLqon, Anthony, 

Blaine, Bruce, 

Burn 'de, 

Dennis, 

Eaton, 

Gordon, 

Harris, 

Hereford, 

Hoar, 

Dawes. 

D()rsey, . Edmunlls, 

Ferry, 

Howe, 

YEAS-24. 

.Jones of Florida, Kernan, 

Lamar, 

:llaxey, 

:lleCreery, 

McPherson, 

XA.YS-19. 

Kello~g, 

:Mc~liuan, 

Mitchell, 

Morrill, 

Patt-erson, 

A.BSE~ -T-33. 

Armstrong, Conkling, Jones of Nevada, 

Bailey, Conover, Kirkwood, 

Bayard, Eustis, • Matthews, 

Butler, Garland, McDonald, 

Cameron of Pa., Grover, Merrin.ton, 

Cameron of Wis., Hamlin, Oglesby, 

Uhaflee, Hill Padllock, 

Christiancy, Ing~ll.s, Plumb, Coke~ .Jolmston, Randolph, 

Morgan,_ P..a.nsom, 

Thurman ,. Voorhees, 

Whyte. 

Withers. 

Rollins, 

Saunder , Sharon, 

Windom. 

Sargent, 

Saulsbury, 

Spencer, 

Teller, 

Wadleigh, 

Wallace. 

So th.e motion was agreed to; and (at foaro'clock .md twenty-tw()-

minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, Janua·ry 22, 1879. 

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

\V.P.EUuuuso~,D.D. 

The Journal of yesterday was read antl approved. 

CORRECTION. 

~Ir~ FREEMAN. I desire to ask a correction of the RECORD of 

yesterday's proceedings. When I asked permission to record my v.ote 

upon the motion of the gentleman from Tennessee [Mr. ATKINS] to 

lay on the ta,ble the motion to reconsider made by the gentleman 

from Ohio, [~:Ir. GARFIELD,] I stated that if permitted to vote I 

would vote in the negative. In the RECORD I am represented as saying directly the contrary- that I would vote in the affirmative. 1 

would like to have that correction made. 
1879. CONGRESSIONAL RECORD- HOUSE. 639· 

The SPEAKER. As some criticisms have been made in reference 

to the roll-call .to which the gentleman from Pennsylvania [Mr. FREE:\IA~] refers, the Chair will state that a critical examination 

shows, what tho Chair knew at the time, that the second roll-call 

which was taken did not exhibit any change in the result as appearing by the first ro1l-call. In the first list, down to the letter C, those 

members voting in the affirmative were marked in the negative, and 

those voting in the negative were marked in the affirmative; but the 

result of the \ote was not changed upon the second roll-ooll. The 

Chair U.esires to say further, in his own behalf, that the error was discovered by reason of the caution of the Chair in sending down to 

tho floor to have somo member object to dispensing with the reading 

of names. · ilEMOV AL QF INDIAN TRIBES, ETC. 

)Jr. SCALES, by unanimous consent, reporteu from the Committee on Indian Affairs, as a substitute for a bill heretofore referred to that 

committee, a bill (H. R. No. 61:~9) authorizing the Secretary of the 

Interior to negotiate with the Warm Spring, Umatilla, Chippewa, 

Ute, and certain other tribes of Indians in the United States for the 

extinguishment of their title to lands now occupied by them, and for 

their removal to and consolidation upon certain other reservations 

established by law; which was read a first and second time, ordered 

to be printed and recommitted, not to be brought back on a motion 

to reconsider. CURRENCY·. 

.Mr. STEPHENS, of Georgia, by unanimous consent, introduced a bill (H. R. No. 6140) to define and prescribe the duties of the Secretary of the Treasury in certain cases, and for other kindred purposes ; 

which was read a first and second time, referred to the Committee on Banking and Currenc~, and ordered to be printed. 

:\IEMORIAL EXERCISES IN HOXOR OF PROFESSOR HE~'RY. 

Mr. STEPHENS, of Georgia. I submit a resolution upon which I 

ask immediate action. 

The Clerk read as follows : 

Resolved by tiM House of Representath•es, (the Senate coneur·ring,) That the me- morial exercises in honor of PrOfessor Henry, helcl in the Hall of the Honse of 

Representatives on the 16th of .Tannary, 1879, be printed iu the CoxGRESSIONAL 

REcoRD, and that 15,000 extra. copies of the same be printed in a memorial \Olnme, 

together with such articles as may be furnished by the Boar!l of Regents of the 

Smithsonian Institution, 7,000 of which shall be for the use of the House of Rep- .resentatives, 3,000 copies for the use of the Senate, and 5,000 copies for the use of I he Smithsonian Institution. . 

:Mr. STEPHENS, of Georgia. I ask the previous que tion upon the 

1.doption of this resolution. 

The SPEAKER. The Chair suggests that the resolution does not 

designate the proper proportion of copies as between tho Senate and 

the House. The House ought to have four times as many as .the 

Senate. ~Ir. BURCHARD. Should not the resolution be referred to the 

Committee on Printing ' 

The SPEAKER. The Chair does not suppose that the expense 

contemplated in the resolution would reach $500; but if it would, 

then under the law the resolution must go to the Committee on Printing. 

Mr. STEPHENS, of Georgia. This is precisely similar to the resolution adopted in the case of the memorial exm·~ises of Professor Morse. 

The S'.t>EAKER. Of courne the printincr in the CONGRESSIONAL 

RECOR!:> is ·not taken into consideration in aetermining this question 

of e:xpent~e. Tho Chair is not aclvised whether these 15,000 extra 

copies to be published in book-form would c6st ilOO. If they would, 

then·, ·under the requirement of the law, the resolution must be referred to the Committee on Printing. The Chair is advised it would 

cost over $500, and therefore it had better go to the Committee on printing under the law. That committee has a right to report at any 

time. 

1\Ir. STEPHENS, of Georgia. Let it take that reference. The resolution was accordingly referred to the Committee on Printing. 

CO:\IPA...."\'Y COOKS L~ THE ARMY. 

l\Ir. BANNING, hy unanimous consent, from the Committee on Military Affairs, reported back a bill (S. No. 1242) to repeal section 1233 

of the Revised Statutes; which was read a first and second time. 

The bill, which wll.S read, provides for the repeal of ection 1233 of 

the Revised Statutes. 

Mr. BRIGHT. Had not the section better be r~ad, so that we may 

kuow what is to be repealed Y 

Mr. BANNING. I send up a copy of the Revised Statutes and ask 

tho Clerk to read section 12:~3. 

The Clerk read as follows: 

Cooks shall be detailed, in turn, from the prh-ates of each company of troops in 

tho sen-ice of the United States, at tho rate of one cook for each company nlllllbering less than thirty men, and two cooks for each company numbering more than 

thirtj men; and they shall serye on each detail ten days. 

Mr. McCOOK. Mr. Speaker, I do not wish to· interpose au~~ objection to the passage of this bill, but I think the chairman cf the Military Committee ought to make some explanation so we may understand exactly what will be its effect. 

Mr. BANNING. I will say in one word that the Committee on Military Affairs have agreed to this unanimously. Under the law at 

present, cooks have to bedetailcd every ten days. It has been found 

this gives very bad cooks to the Army, and that iil about every ten, days it destroys the suit of clothes of the cook. Therefore it haabeen' 

recommended by Army officers, by the General of the Army, by the 

Surgeon-General of the Army, by the Secretary of 'Var, by tho .Milltary Committee of the Senate, and by the Mintary Committee of the 

House, of w.hich the gentleman from New York is a member, that 

this bill be passed. 

The bill was ordered to a third reading; and it was a.ccor<lingly 

read the third time, and passed. 

passed; 

Mr. BA~~ING 

and also 

moved 

moved 

to 

that 

reconsider 

the motion 

the 

to 

vote 

reconsider 

bowhich 

be 

the 

laid 

bill 

ou was the· 

J 

table. · The latter motion was agreed to. 

TRA....~SPORTATION OF COL"\' A......_D BULLIO_ •. 

Mr. HALE, by unanimous consent, from the Committee on Appro-· priations, reported a bill (H. R. No. 614i.) making appropriations to 

enable the Secretary of the Treasury to carry out the provisions of 

section 254 of the Hevised Statutes, ancl for other purposes· whi~h 

was read a first and second time. 

The bill, which was read, provides that to enable the Secretary of 

the Treasury to meet the expense of the transportation of coin and 

bullion 60,000 is hereby appropriated out of any money in the Treas .. ury not otherwise appropriated; provided this appropriation be made 

available on and after the pa~sage of this ayt1 and the charges for the 

transportation of gold coin from San Francisco to New York shall 

not exceed one quarter of 1 per cent., and for the transportation of" 

silver 1 per cent., and for intermediate points at proportionate rates 

corresponding to the distance. · To meet the miscellaneous expenses of the House of R~presentatives, to be disbursed by the Clerk of the House,. the sum of 40,000 

is hereby appropriated, out of any money iu the Treasury not otherwise appropriated, to be immediately avai1able aft-er the passage of 

the act. . Mr. HALE. Mr. Speaker, I will briefly explam the bill. · It is important that it should go through now, because on one clause depend' 

·vital and critical operations of the Treasury,. and upon the remai'ning. clause depends tho working of certain committees of this House now "hung ,up" for want of funds. . · The first provision of the bill giT-es to the Secretary of the Treasury an appropriation for transporting golcl and silver bullion from the· 

mints and assay offices to the East, where it may- be needed and paid 00~ • . 

Under ection 3545 of the Revised Statutes the Secretary of the 

Treasury is directed to keep iu mints and assay offices snch amount 

of public money or bullion as he sh&ll judge convenient and necessary· to pay depositors of bullion at said mints and assay offices the value 

thereof in corn or bars. By section 234 the Secretary of the Treasury 

is authorized in certain cases to issue certificates representing coin in 

the Treasury in payment of, deposits of bullion. By the statute of· last winter, whi.ch will be found on pages 191-2 of the acts of last 

session, it is declared that the provisions of section 3545 shall apply 

hereafter to mints and assay offices, and the Secretary of the Treasury 

is authorized to issue, as far as he may deem it proper and expedient 

in payment of deposits of bullion in mints ancl assay offices, certificates representing coin in the Treasury, to be issued under the pro-- visions of section 2iJ4. So when this is done it gives to the Secretary 

of the Treasury the control af this bullion from the time of its deposit for coinage. Instead of being paid back, this act "authorizes, ' 

not" directs," the Secretary of the Treasury, in his discretion, to issue 

coin certificates, and, of course, the coin has to he transported from 

the mints to the eastern subtreasuries, where it will be paid out when 

needed. 

That transportation of course is an item of expense to the Government. It is an ad<litioual item from what before occurred because of" 

this change authorized by the act of last winter. The Secretary might 

undoubtedly in his discretion have disregarded this act, and instead of 

taking tbe control of this gold which had been deposited in mints and 

assay offices, mig)lt have left it there to be paid in coin to depositors; 

but if he bad done that he would not have obtained the control he 

desired in the process of resumption of the large coinage coming in. 

So, acting upon that discretionary authority given to him by the 

statute of lust winter, the Secretary of the Treasury has issued from 

time to time coin certificates. Nobody will dispute his right to do· that. Some qnestion may possibly be raised as to the prudence or wisdom of that course. I h~ve no doubt about it myself. I have no doubt that it was a wise thing to do to incur this extra expense, not 

Jarge, for the p11rpo e of giving the Secretary the control whero most 

needed of this coin. That is the gronncl ou which the appropriation 

is asked for. 

X ow, it will be noticed in the bill that there is a provision which 

limits the charges which shall be made by certain express companies 

for the transportation of this gold.. The Secretary has funnel that cer- tain express companies connected with and controlled by the Pacific 

Railroad Companies have been disposed to- exact and have exacted 

high rates, more than the eastern companies· have done; they have 

claimed the money and have received it. .And it cannot be offset in 

the account with the Pacific Railroad Companies, because these express. companie , althongh actually in fact controlled by the railroad oom- panje~, a re tecbnical1y express companies and do not come under the 

' 
640 CONGRESSIONAL RECORD-HOUHE. JANUARY 22, 

provisions applicab'le to the accounts of the railroad companies. The 

Secretary has found that these companies will charge a larger sum for tran~porting from Ogflen to Omaha than from Omaha to New York. 

It is provid~d that the aggregate rltte shall not exceed two and a half 

mills per ciollar for gold, or 1 per cent. for silver from San Francisco to 

New York, and proportionate rates for shorter distances along the line. 

Mr. MAGINNIS. I would like to ask the gentleman from Maine 

whether this limitation upon the charges for transportation applies to 

the assay offices at Helena and Boise as well as ihe others f I notice 

that the Janguage of the bill is between" San Francisco and New 

York and intermediate points." Now, Helena is four hundred and 

fifty miles north of the line of the road, and Denver over one hnndred 

and sixty miles south. Are these•offices embraced in the terms of 

this bill f 

Mr. HALE. I asked the same question and found the construction 

that will be given at the Department. At all those branch offices 

between thJ) Pacific and Atlantic the rates will be fixed proportion-

-ately a.ccorcling to what is fixed here, whether on the direct line or not. The rate is fixed on the whole distance from San Francisco to 

New York, and the rates for shorter distances will be fixed proportionately to that. 

Mr. MAGINNIS. I asked the que,tion because a prominent express 

-company, Wells, Fargo & Co., after reaping a rich harvest from our Montana miners for a number of years, opposed the passage through 

.Congress of laws to allo.w us to deposit our bullion at the United 

States assay office~ on the same terms as the more favored citizens of 

-the Republic who live in the great commercial centers and are provided with mint facilities which are denied to the producers of bullion. After passing three tim.es through this House and being smothered· in the other, justice was finally secured, and Congress by law 

-directed the Secretary to issue coin certificates for and to purchase our bullion. In attempting to carry out the law, the Secretary found 

h.jmself confronted by exorbitant demands from the express company, 

$21 per thousand for gold and $36 per thousand for silver, and, as Congress had provided him with no transportation fund, hew as obliged 

to deduct the cost of transportation from the depositors of bullion, 

which the law did not contemplate. I hope that a transportation 

fund will be furnished and the Secretary enabled to curb the rapacity 

of express companies. 

Mr. HALE. And this bill is intended to protect the T~asury. 

Mr. MAGINNIS. Bot this is deducted from the depositors of bullion. 

Mr. HEWITT, of ~ew York. Oh, no! 

Mr. WAD DELL. Will the gentleman from Maine permit me to 

1tsk him a question f 

Mr. HALE. Yes, sir. 

Mr. WAD DELL. I ask the question for information. Are not 

large quantities of coin put up in four-pound packages and packed 

in iron safes now transported from the Pacific coast in the postal-

"Cars Y 

Mr. HALE. I was coming to that. Of course the limitations put 

upon this bill to protect the Treasury from the exactions of express 

companies cannot be carried out unless both sides agree. If the ex- press companies round up and say, "We will not carry at those low 

rates," then the Secretary proposes to go to the mails ; be will then 

transport this by mail, and the rates fixed here are the rates that will. be covered by the cost of transporting by mail in postal cal'S or otherwise. '!'he companies are given the benefit if they choose to transport this coin of transporting at the same rate as the Government can in its mail cars. The other provision of the bill increases the contingent fund of the 

Houso $40,000. That has become necessary because the contingent 

fund is exhausted. Some of the expenses of the different committees 

that have gone off lately upon their mournful errands to the different 

States I believe are now remaining unpaid. There are other com- mittees and subcommittees of tho House that have been appointed to 

investigate certain matters in different cities of t.he Uniterl States, 

and they cannot proceed because there is no money. The investigation that yesterday was set on foot by the llouse ~annot, I believe, move unless the contingent fondis replenished. It was thought that 

the sum here was not too large. I do not think it is large enough. I 

think the Clerk will be obliged before the session is closed "to come here and ask, it may be, as much more money as is provided here; ·that the $40,000 will .be too little. But at present the estimat-e is that 

40,000 will do. That amount will at any rate cover immediate wants. 

Mr. DlThTNELL. Why is this appropriation from the contingent 

fund of the House made a part of this bill 7 

Mr. HALE. Because the Committee on .Appropriations always re- ports the appropriations for the different branches of the service of 

the House. We generally appropriate them in a regular bill, but this 

is in the nature of a deficiency. 

Mr. DUNNELL. The :first section of this bill appropriates money 

to be used by the Secretary of the Treasury for a specific purpose in-

-dicated in the title of the bill, but in the second section, as if to cover up that fact, there comes in an appropriation of $40,000 as a contingency of the House of Representatives. 

Mr. HALE. !"do not see how the gentleman can say that I have 

covered that up, because I have volunteered an explanation. The 

House itself and the committee may put a half dozen other things in .an appropriation bill and the title show nothing. 

Mr. DUNNELL. In looking over the index of bills passed at this 

session no one could suppose that in this bill there wa-s an appropriation for continuant expenses of the House. 

Mr. HALE. Neither did any one ever imagine that the titles of the 

different appropriation bills cover the different items in them. 

Mr. DUNNELL. The Indian appropriation bill would suggest tho 

fact that the items of the bill were for the Indian service. 

Mr. HALE. This is. an appropriation to pay the expenses of cer- tain committees of the House, and is included in the title words "and 

for other purposes." 

Mr. DUNNELL. The title does not indicate that. 

1\fr. HALE. It may not to the gentleman's mind, but it puts him on search for "other things." .J 

Mr. BUTLER. Will the gentleman allow me to make a suggestion f 

This discussion shows that there may be a difference of opinion as to 

the :first appropriation to the Secretary of the Treasurv. .A13 to the 

second there can be no doubt, either in the House or in the Senate. 

There are two or three committees which are waiting to go upon 

their duties and cannot do so until their expenses are provided for. 

I would suggest to the gentleman that he divide the two sections 

into two bills. Nobody in the House would object to the last section 

of the bill, and certainly no one in the Senate would upon the other. 

They may come to a discussion and reference to a committee, and 

that will lead to a delay if you put the two items together. 

Mr. HALE. I certainly should not be willing to follow the course suggested by the gentleman from Massachusetts, because while I can understand that some question may be raised about tho fu'St section, 

indeed I have been notified that it woulu ])e raised about the course the Secrectary has pursued, I cannot consent to divide the bill or delay. 

the progress of the first section, because it is just as necessary to the 

operations of the Treasmy Department, in the business which has been 

set on foot and is now going on, as are the provisions for the committees of ~this House, for whom. the other appropriation is required. The Committee on Appropriations reported this bill through me because both of these items are in the nature of pressing emergencies, 

and the necessity of the case requires each one of them ; one of the 

Treasury Department and the other of the House of Representatives, 

and the needs of the one are as great as the needs of the other. 

The transportation of this gold coin from the mints and assay offices 

to the East is necessary, and surely the gentleman would not object 

to it. 

·Mr. BUTLER. I do not object to either item, but I do not know 

but that some one else will object. Why should yon join the two 

together sa as to let the one delay the other. If there are two emer- gencies let each one stand upon its own bottom. 

Mr. HALE. T.he gentleman knows the difficulty of multiplying 

appropriation bills. The items of an appropriation bill must neces- sarilv be multifarious. 

Mr. BUTLER. Not at all; . because the ordinary appropriation bill 

does not take effect immediately, whereas this is to take effect at once. I only speak in reference to the exigencies of the House of 

Representatives, which is to expire on the 4th of March, whille the 

Treas11ry is likely to live on forever, or until it is depleted. 

:Mr. HALE. It is because of the deficiency that I am pushing this 

bill now. It will not do to wait and let either item go into another 

bill. . 

Mr. BUTLER. Then put the items into separate bills. 

Mr. CONGER. Does the gentleman think that investigati g com- mittees will not live forever f 

Mr. BUTLER. There will be new investigations. . Mr. HALE. I was notified that some question would be aised 

about what the Secretary has dane, but I did not know that any 

gentleman would oppose the pa.Mage of the bill. 

Mr. HUBBELL. Does this transportation apply to gold bullion a well a.s coin ~ · Mr. HALE. That is all in the Revised StatuteR. If the gentleman 

will read section 3545 and section 254 of the Revised Statutes he will 

find provisions as to gold bullion and certificates therefor which 

necessitate transportation. 

Mr. CA.l~ON, of illinois. I would like to ask the gentleman a question. I notice that this bill provides that the rate for the transportation of gold bullion is not to exceed i of 1 per cent. Now, I 

believe. that it takes something over 200 in gold to make a pound, 

and that would be at the rate of fifty cents per pound or ov:er. I ask 

the gentleman if it is not true that gold bullion is now transported 

irr the mails of the United States at tne ra.to of one cent an ou.nce or sixteen cents per pound, and whether it is proper for us to make an appropriaLion to pay over fifty cents per pound when they are carry.:. • ing for private individuals at the rate of sixteen cents per pound 

Mr. HALE. Allow me to explain. If the Government has to go 

into this business to any large extent it must not simply send packages of four pounds' weight and trust to the acciden tls of the mail, 

but it must exercise some care over the packages; it must put up in 

larger quantities this gold coin and send messengers or guards with 

the cars. 

The Secretary of the Treasury has made a calculation as to what 

the transportation of a ca.r-load of coin will cost, and has found that 

it will be just about what he has fixed here as the rate which he is 

willing to pay these express companies. I do not know but what if 

packages were sent of different weights-four pounds in one package, 
1879. CONGRESSIONAL RECORD-HOUSE. 641 

twelve pounds in another.package, twenty-f~ur in an?ther, and si~ 

pounds in another, the different packages sunply gomg along w1th ·the mail-bags-they would go cheaper than the rates here proposed. 

Bnitil do not suppose the Secretary would be willing to send any large 

amount of coin in that way. He has reckoned what the cost would 

be if the packages were aggregated and a guard sent with them for .security, saving other. expenses which the express companies now 

assume. M1·. CANNON, M illinois. Will the gentleman allow me to ask him 

one other question T • Mr. HALE. Certainly. 

Mr. CANNON, of Illinois. The statistics show that of the great many 

hundred valuable packages carried in the mails during the last twelve 

months there has been lost, as I recollect now, but ten of them. 

Under tho system of registration I think it is almos\; absolutely safe 

to use the mails for this purpose. I would sutgest to the gentleman 

that perhaps it woula be better to so amend the law as to allow the 

11tilizing of mail transportation for packages of larger size than four 

pounds when the service is done for the Government, and then through 

the system of registmtion it can be done with safety. . Mr. HALE. Of course if anything of that kind is required and is 

desirable it should come in due time from the proper committee, the 

Committee on the Post-Office and Post-Roads, of which the gentleman 

himself is a member. 

Mr. EDEN. I would like to ask the gentleman a question. 

Mr. HALE. Very well. . Mr. EDEN. I understand that gold bullion is now carried in the 

mails. If that is practicable, w}ly, then, is it not practicaule to' carry 

silver bullion in the same manner V 

Mr. HALE. The gentleman can ·see, of course, that silver of the .same value being &o much heavier than gold, it would be a more difficult matter to transport it by mail. A large amount to be transported 

by mail would soon cl~tg the mails, and the only way to do it, if it is 

to be transported by mail, woulc1 be to carry ~t by the car-load rather 

than in small packages. 

Mr. EDEN. Can itnotbedonecheaperin thatwaythan the express 

companies carry it! 

Mr. HALE. Undoubtedly it could be carried cheaper than the 

express companies now carry it, but not cheaper in large quantitiea 

than the rates :fixed by this bill. I now yield to the gentleman from 

New Yorl.:, [Mr. HEWITT.] 

Mr. HEWITT, of New York. My friend from Maine [Mr. HALE] is 

mistaken in saying that coin could not be transported cheaper by mail 

than the rates preacribed in this bill. It could undoubtedly be done 

cheapeP by mail. But there is involved the question of insurance, 

which is a very serious matter when you recollect that a car-load of 

gold would be worth several millions of dollars. 

The express companies undertake to insure. While this specie has 

been coming through the mail the Secretary of the Treasury has been 

compelled to provide military guards to protect it. I have no doubt 

that even with the guard it is cheaper to carry it by mail. Nevertheless it is perhaps without warrant of law, uut nobody will arraign 

the Secretary for the exercise of such a discretion as that; the risk 

is too great. I wish to say that the gentleman from Maine [Mr. HALE] has care- fully and correctly stated the provisions of law which apply to this case. The Secretary has exercised a discretion in regard to paying 

for bullion deposited in the mints and assay offices for which coin 

certi:ficatea have been given, a discretion confided to him by law. It 

is in reference to the exercise of that discretion that I take exception 

to the remarks of the gentleman from Maine. He thinks that the 

discretion has been wisely exercised; I think it has been an unneces- sary expenditure of the public money. . It is necessary to recall the attention of this House briefly to the 

history of the provisions of law in regard to the coinage of gold and 

silver. Originally there was a mint charge oft of 1 per cent. for 

the coinage of gold. By the resumption law of January, 1875, this 

mint charge was abolished, so that the holder of gold bullion could 

go to the mint or to the assay office in New YorkJ deposit his bullion, 

and receive a coin certificate, which being receivable for~uties was equivalent to gold coin. That was the first step. 

Then that provision of law was enlarged so as to apply to all the 

mints and assay offices of the United States, so that it became pos-

.sible for any holder of gold bullion to take his bullion to the mints 

and assay offices and not only get his coin free of charge for coinage, 

but in addition to that to obtain a coin certificate which was good 

for coin in the city of New York, thereby saving the cost of transportation of the coin, if it should become necessary to send it from 

the East to the West, or vice t·m·sa. 

It was in a provision of the sundry civil appropriation bill of last 

year that this additional concession to the holders of gold bullion was made. That provision did not originate with the Committee on Appropriations ; it originated in the House. The gentleman from 

Coloradowhomi seenowstandingbefore me [Mr.PATTERSOY] offered 

an amendment applying to the mint at Denver, which was adopted, 

.and which provision, I believe, was subsequently enlarged by the 

Senate so as to apply to all the mints and assay offices of the United 

.States. 

When that amendment was offet·ed, the chairman of the Committee on Appropriations [Mr. ATKINS] said: 

I wguld a~k the gentlenum if any additional expt~nditure is required by that 

VIII-4:1 

amendment. The charges nJ>on depositors, I suppose, will be deducted from th& 

expenses¥ 

The chairman of the Committee on Appropriations undoubtedly 

confused in his own mind gold coin with golc1 bullion which was to 

be parted. There is no charge on gold coin. The gentleman from 

Colorado [Mr. PATTERSON] replied: 

The gentleman asks me if any additional expenditure is required by the amend- ment. On the contrary, it will resnlt, I think, in a reduction of the expenditures, because it will produce a. new revenue; and this new revenue is nsed for tho purpose 

of defraying the expenses of the mint. 

I infer also that the gentleman from Colorado misunderstood the ·application of the amendment, for instead of producing any new 

revenue, it has compelled the Secretary of the Treasury to come to 

this House and ask for an additional appropriation of $60,000 for this 

year and $150,000 for next year. 

Mr. PATTERSON, of Colorado. Will the gentleman yield to me 

for a moment f . Mr. HEWITT, of New York. Certainly. 

Ml'. PATTERSON, of Colorado. The amendment which I offered a year ag9 is much broader in extent than the few lines which the 

gentleman has quo-ted. But with reference to the additiO'Ilal cost, I 

would state that certainly no additional cost has been imposed upon 

the Government by the amendment; because at the mint in Denver 

the cost of tran~portation is deducted from the market value of the 

gold, and the party brimring his bullion to the mint for sale receives 

from the Government ocly its market value in gold coin less the cost 

of transportation. ~ 

Mr. HEWITT, of New York. To what point f 

Mr. PATTERSON, of Colorado. To whatever point the Government sees fit to transport ft-to' Philadelphia, to New York, or elsewhere. Hence there can be no additional burden imposed upon the 

Government by the amendment. . Mr. HEWITT, of New York. I beg to say that the gentleman lB 

quite in error as to the operation of the law. The law is clear and 

explicit in the provision that whoever brings bullion to the Treaaury 

shall have without charge, at the rate of 25.8 grains to the dollar, 

coin certificates which are receivable for customs .dues in any port of 

the country. . Mr. MAGINNIS. No doubt that is the law; but certainly the gentleman from Colorado correctly states the practice; for at the assay 

office at Helena the Secretary deducts $21 per thousand as the transportation charge on gold, and $36 per thousand on silver. 

Mr. PATTERSON, of Colorado. This is done, too, under instructions signed by the Secretary of the Treasury which were duly published in the public prints; so that there can be no mistake whatever 

about the proposition. 

Mr. HEWITT of New York. I am not disposed to dispute ~ re- gard to the reguiations of the Department; I do not know what they are. I think it very likely that the Department does make these 

charges of $21 per 'thousand on gold and $36 on silver, as stated by 

the gentleman from Montana, [Mr. MAGINNIS.] But I say that there 

is no warrant of law for such a charge ; and I do not know to what 

fund anv such charge can be appropriated. It does not . belong to 

the expenses of transportation ; otherwise, the Secretary of the Treasury would not come to this House and ask us to make an appropriation for that purpose. It must go somewhere else. 

Mr. BUTLER. I would like to know whether any appropriati9n 

has ever been required to transport the Government greenbacks t 

[Laughter.] 

Mr. HALE. Yes, every year. 

Mr. HEWITT, of New York. The Government treats the greenback just as it does the gold ; it fabricates both for nothing. 

Mr. PATTERSON, of Colorado. I think that in justice to the Secretary of the Treasury I should make one statement which will occupy 

but a moment. At the mint in Denver (and I suppose the case is the same at Helena) the Government does not issue coin certificates for 

gold bullion. It pays for the gold in cash-either in silver dollars o,r 

in legal-tender currency; and it deducts from the cash that is· paid 

to the owner of the bullion the cost of transportation, there being no coin certificates•issued. If coin certificates were issued, I presume 

the Secretary of the Treasury would be compelled to live up to the 

law, and to issue the certificates, dollar for dollar, computing each 

dollar according to the regulation number of grains. 

Mr. HALE. I hope the gentleman from New York [Mr. HEWITT] 

will go on and :finish what he has to say, because I wish to bring this 

matter to a cc;mclusion. The ~our is rapidly runnin~, and other matters are pressm~. I do not WISh to take too much tune; 

Mr. HEWIT'I, of New York. I will close in one or two minutes. 

Mr. HALE. Take your own time. 

Mr. HEWITT, of New York. Now, Mr. Speaker, what I want 

mainly to say is that in no country of the world except the United 

States is bullion coined free for the depositor. To get the gold coin 

without charge for coinage, is concession enough. When a man re- ceives his coin in exchange for bullion, why should this Government 

take upon itself the cost of transportation, known among merchanta 

aa the exchange between different places, so tbat a depositor of bullion in San Francisco or Denver may drjj.W the ·gold in New York or Philadelphia! When the Government llas delivered the gold coin to 

the depositor at the place of deposit, it' has not only discharged its 

full duty, but it has done all that is necessary in order to make that 

coin available for the purposes of commerce. The gentleman from Maine said the Secretary of the Treasury 
642 CONG-RESSIONAL RECORD-HOUSE. JANUARY 22, 

thought it desirable to control the gold coin of the country in order 

that he Iilight put it where the place of redemption of legal-tender 

notes should be. Mr. Speaker, the place where gold coin should be is 

beyond the p6wer of the Secretary of the Treasury; it is beyond the 

power of tbis Congress or of any Congress whatevei:. Money seeks 

t he place where it is wanted, and if it is worth more in New York 

than in ~an FranciSco it will go there, and if it is worth more in San 

Francisco than in New York it snould stay there, and the Secretary 

of the Treasury should not exercise any discretion wbich even for a day is intended to frustrate and nullify the laws of trade. And whn.t 

I have to say to the House is this: this provision of the statute which 

crept into the bill during the last session under misapprehension 

should be promptly repealed, and I only regret the Committee on Appropriations did not report a repeal of that statntl The truth is, 

all we should do is to coin the bullion and give the depositor the 

amount of coin it represents. Beyond that we should not go one step. After it is coined the money will distribute itself freely without cost to the Government, and any attempt to interfere with its 

natural flow will only result in 'lllischief ari.d can be productive of no 

good whatever. '- Mr. HALE. On,ly one word in reply, Mr. Speaker, and then I will call for the previous question. It makes no difference whether it is a fact or not that the Secretary of the Treasury deducts at the time 

he receives the bullion the amount necessary to pay for its transportation. Whether he deducts from what he pays over in certain cases or not I do not care; but it is true that he does need in transporting it afterward an appropriation by Congress to pay the expense. 

There is no fund to pay :for that tr.msportation. Such appropriation 

is·under the control of Congress, and must be made here, and that is 

t he .reason this bill has been reported from the Committee on Appropriations. . I do not understand that anybody claims-the gentleman from 

New York does not claim-the Secretary has exercised any power 

wrongfully in this regard. 

Mr. HEWITT, of New York. Not wrongfully, but unwisely. · Mr. HALE. Yes; the gentleman thinks if he had been in the 

place of the Secretary he would not have done it. Yet the Secretary 

in the direction he has taken-and it is precisely the direction aimed 

at by the gentleman from New York himself on the great question of 

resumption-has transpo~ the coin to the East where it is needed, 

and where everybody knows it is wanted, and is being paid out. 

The Secretary therefore is confronted with the necessity of asking 

for an appropriation from Congress to carry on this transportation 

for the rest of the year; and that, sir, is all there is of it. I demand 

the previous question. · The previous question was seconded and the main q nestion ordered; 

and under the operation thereof. the bill was ocdered to be engrossed 

and read a third time; and being engrossed, it was accordingly read 

the third time, and passed. · Mr. HALE moved to reconsider the vote by which the bill was pas.sed;. and also moved that the motion t.o reconsider be laid on the 

table. 

The latter motion was agreed to. 

Mr. DUNNELL. I move to amend the title of the bill by striking out the wor:ds "for other purposes" and in lieu thereof inserting 

"to appropriate $40,000 for miscellaneous expenses of the House of 

Repres~ntatives." 

Mr HALE. That is all right. 

The amendment was adopted. 

Mr. HALE. I should like to have printed as part of the discussion 

the letters wbich I send up. 

There was no ojection, and it was ordered accordingly. 

The letters are as follows : TRBA.SURY DEl'A.RTMENT1 OFFICE OF THE SECRETARY, 

Wash1-ngton, D. 0., December 10, 1878. 

Sm.: I have to call the attention of your committee to the provisions of the act of June 1:1, 1878, (20 Statutes, 102,) authorizing the Secretary of the Treasury to 

constitute any superintendent of a. mint or assa.yer of anyassa.yoffice an assistant treasurer of the United States to receive coin or bullion on.deposit; and, also, to section 3545 of the Revised Statutes. as amended by the act of June 19, 1878, (20 

Statutes, 191, 192,) providing for a bullion fund for the purchase of bullion by mints 

and assay offices to enabfe returns to be made to depositors with as little delay as possible. . While these provisions of law were intended to secure to the producers of bullion more speedy payment, therefore it is believed they will bring into the mints and 

Treasury the great body of the precions metals mined in the United States, and 

will tend greatly to the easy and st;eady supply of bullion for coinage. 

As stated in my annual report, page 24, the 'burden of transporting this coin and 

bullion thus received is thrown by law upon the Government, and to meet in part the expense of such transportation the regulations under the ll<lt laat mentioned 

provide a charge against the depositors of an amount sufficient to pay the transpor- tation to the nearest or most convenient mint, leaving to the ~vernment the ex- pense of transportation from the mints to such Treasury offices aa may be found 

necessary to meet the demands for disbursement. 

To meet this latter expense I have to ask an additional appropriation for transportation of coin and bullion for the present current year of $60,000. In this con- nection your attention is called to the sug~restion made in my annual report that 

the rate for shipping th.is coin over the Pacific Railroads be prescribed by Congress, the proceeds to form a part of the sinking funds of such roads. 

Very respectfully, . JOHN SHERMAN, Secretary. 

Ron. J. D. C. ATKINS, 

Chairman CO'mmittee on .Appropriations, HOWJe of Representatives. 

TREA.SURY DEPARTMENT, FmsT AUDITOR'S OFFICE, 

Jantuz,ry 1:!, 1879. 

~!d ~=~d ~~~~~ffi~~~~;~~mtion to a matter which I am well conThe usage has been t{) send GQvernment securities, otHTeD.oy, &c., by the Adams 

Express Company to be forwarded through other e~l'688 companies outside of 

territory covered by contract, and the result has been that the most exorbitant and: 

irregular rates have 5een fixed at the caprice of such companies and to the injury of the United States . .An examination of vouchers herewith transmitted will show that the charges are excessive, and, I am inclined to the opinion~ are without authority of law, so far as the charges of the Union Pacific Railroaa. Express are concerned. It will 

be seen that two express companies, namely, " The Adams" and ·• The American," 

charge $3.60 for a. package containing $6,060 from Washinlton to Omaha, whereas. 

the Union Pacific Railroad Company's express charges $15 on tHe same amount from Omaha to Ogden, U t.ah, and the Wells Fargo & Co.'s Express charges $36 from 

Ogden to Portland, Oregon. · , The following will show the relative charges to Omaha and from Omaha west :. 

Amount. Charges to From Omaha. 

Omaha. west. 

$361, 000 .... -- .... -.------ .... --- ""---..... --.--.------

100, 650 .... --- .. --- ·----------- .... -------- ·---·- ------ 60, 000 ....... --·-- ...... ------------ ---·-·-- ....... -.. 

12, 000 .••• -- ---.-- . ----- . ----- ------.----- ------------

6, 000 .. ---- ·----- .... -- ... -------------·---- .. ---- --· 2, 000 .. ---- .. ---- .• ---- .... -- ------ ------.---------.. 2, 000.- -· . .. -.- .... ----------- . ------ .............. .. 

$217 20 6.0. 60 $60 

720 

3 60 

120 

120 

902 50 25160-

390 00· 30 00 51 00 12 QOo 500 

It will be observed that in some cases over ten times the amount is char~ed foi 

transportation beyond Omaha as is charged to that point, while in the aggregate fully five times as much is charged; and nearly one-half of this excessive ch~eis niade upon a railroad line which was built by ~vernment subsidy under proVISions which are entirely ignored by the corporation when organizing an express 

ar:rency over its lines. "'i respectfully ask instructions in relation to audit of these accounts already ren- dered, and would recommend that, unless lower rates can be secured, all moneys he~er sent west of Omaha should be sent by registered mail, even if the GOv- ernment should pay insurance. 

The fact that the Post-Office Department transports nearly 100,000,000 annually 

without loss would strongly suggest this method wnen rates of transportation asked are excessive. · The great disproportion of payment demanded to actual service rendered con- strains me to re_P<>rt these cases t{) you for instructions; and I am more inclined tocaJl your attention to the matter from the fact that you refer to the same subject in 

your annual report, (page 24,) aud arrive at the conclusion that, to fix rates, furthel" 

legislation is needed. . • .Awaiting your instructions in the matter of these accounts, I am, sir, very re- spectfully, your obedient servant, 

R. M. REYNOLDS, .Audito1·. The honorable the SECRETARY OF THE TREASURY. 

REDUCTIO~ OF EXPENSE OF PRINTING AND BINDING. 

Mr. SINGLETON. I am directed by the Committee on Printiu~ toreport a bill (H. R. No. 6142) to reduce the expense of the public prmt- in~ and binding, and for other purposes, and to move the bill b& 

prmted and recdmmitted. 

Mr. CONGER. Has that committee the right to report at any 

time! 

Mr. SINGLETON. The· Committee on Printing has the right to. 

report at any time. 

The SPEAKER. But they have not tae right to report gcnerall~­

islation at any time. They have the right to report resolutions referred 

to them. 

Mr.SINGLETON. This is asubjectwhich was presented and referred 

to that committee. 

Mr. COX, of New York! The Committee on Printing can report. in 

reference to current business at any time. 

The SPEAKER. The Committee en Printing -has no more right 

than any other committee. · Mr. COX, of New York. The Speaker did not hear what I said. I 

said that they have no right to report at any time except on current 

business, and not in reference to general legislation. 

The SPEAKER.. Thn.t is what the Chair has decided. 

Mr. COX, of New York. It hn.s been so decided before very often. 

Mr. SINGLETON. I ask by unanimous consent that I may have. an hour on Saturday next for the consideration of this bill. 

Mr. CONGER. Let the bill be read. 

The bill was read in extenso. 

Mr. CONGER. I object to the consideration of the bill at the time. 

stated. 

Mr. SINGLETON. I will, then, withdraw the bill. 

The SPEAKER. The gentleman had better let the matter remain as it is, for then the bill will be ordered to be printed and it will be in 

the exact situation it would be if the gentleman should withdraw it. 

Mr. SINGLETON. Can I caJl it up after it is printed at any time f 

The SPEAKER. Only when the committee is ca.lled for reports in 

its regular order. It might be taken up and considerea under a sus- pension of the rules. 

Mr. CONGER. I am opposed to its having any rights which it does · not p~ under the rules. 

The bill was11ead a first and second time, ()rdered to be printed, and 

recommitted. INDIAN APPROPRIATION BILL 

Mr. SPARKS. I am instructed by the Committee on Appropria.t~ons 

to report back the bill (H. R. No. 55:w) making appropriations for the 

current and contingent expe:ases of the Indian Department and for fultillin~ treaty stipulations with various Indian tribes for the year 

ending June 30, 1880, and for other purposes, witoomendments by ihe 

Senate, and to move that the Senate amendments be non-concurred in. 

Mr. CONGER. Let them be read. 

Mr. SPARKS. There are a great many of them. The Committ&e 
1879 . . CONGRESSIONAL RECO:RD-HOUSE. 643 ~. 

on Appropriations have unanimansly instructed me to make this It has been said in the discussion upon this bill that we propose by rep~rt. it to pay a class of claims that the Government is nnder no responsiMr. CONGER. Sometimes there are very excellent Senate amend- bility to pay. I take issue with the gentlemen who have taken that poments which we micllt like to adopt. . sition. I state, and flle laws of Congress will bear me out in the stateYr. SPARKS. I have no objection to their being read, but it will ment, that durin~ the war and ever sin~ the close of the war it has 

take considerable time. · been the policy ot the Government of the United States to pay every 

Mr. CONGER. The report being a nhanimous one from the Com- loyal citizen for supplies furnished to the Army and Navy of the 

mittee on Appropriations, I will not :Vlsist on the reading of the United States, or supplies taken and used by the ATiny and Navy of 

amendments. the United States. . The amendments of theSenate were non-concurred in. The Government of the United States never has taken the position 

Mr. SPARKS moved to reconsider the vote by which the amend- that loyal claimants who had furnished supplies were not entitled- to 

ments of tlie Senate were non-concurred in; and also moved that pay, but, on the other band, by numerous acts of legislation, tow bich 

the motion to reconsider be laid on the table. I would refer if I had time, the Government has recognized the 1·ight 

The latter motion was agreed to. of every loyal claimant, North and South, who furnished supplies to 

ORDER OF BUSINESS. the Army and Navy of the United States. The act of July 4, 1864, .which too~ away from the Court of Claims jurisdiction of all claims 

Mr. MARTIN. I now insist on the regular order. · arising during the war, expressly conferred upon the QuartermasterThe SPEAKER. The regular order is the morning hour, which General and the Commissary-General ,jurisdiction to consider the commences at thirty minutes past one o'clock, and the business before claims of loyal citizens in States not m rebellion for supplies furthe Honse~ the bill reported from the Committee on War Claims, nished, and upon report made by the Quartermaster-General and the 

which was under consideration at the time the morning hour expired Commissary-General, approved by the accounting officers of the Treasyesterday. ury, every citizen ~ot living in an insurrectionary State had a right Mr. ACKLEN. I desire to ask the Chair whether the unfinished to go before these tribunals, and until June, 1874, upon the report 

business of the morning hour which "the House refqsed to consider of the a;ccounting officers of the Treasury and the favorable action 

yesterday does not now come up for consideration 'l of these accounting officers, this class of claims was paid without any The SPEAKER. It does not ; but after the uisposition of the bill further legislation. 

under consideration, the unfinished business which the Ho_use refused Now, there is no statute of limitation to-day and there never has 

to consider yesterday would come up again. The House on yester- been any statute of limitations. Persons living in a State that had 

day refused to consider the report and it is still unfinished business not been in rebellion can go there with their claims for supplies furin the morning hour. Then the House proceeded to the consideration _nished during the war, and upon proper proof their claims are re- o£ other subjects; and the .moment this bill is disposed of the gentle- ported to Congress for its approval, and Congress approves and pays rna• from Louisiana. can test the sense of the- House again. those claims at each session. But it is said that loyal men in the in-

:Mr. ACKLEN. Then, as I understand the decision of the Chair, the surrectionary States have no right to be paid for supplies furnished 

present unfinished business takes precedence of the former unfinished to the Army dnring the war. 

business f ·· Such has not been .-the action of the Government of the Unlted 

The SPEAKER. It does. The Chair may also state that the vote States, but, on the other hand, on the 3d of March, 1871, the Congress 

against the gentleman's bill yester.day under ordinary circumstances of the United States passed an act reco~ing the right of every loyal 

would be considered an unfavorable decision on the part of the House. man in the insurrectionary States who nad furnished supplies for the · ' Mr. ACKLEN. The failure of the House t.o consider it yesterday Army or Navy or whose property had been taken or used by the Army 

does not necessarily imply that the House will not consider it to-day. or Navy to have his claim considered and paid. Th~ SPEAKER. The House very properly has the right under the Mr. POTTER. The right as given has expired. 

rule in almost all cases-there are exceptional cases of course-to Mr. EDEN. "rhe right bas not expired, but the remedy has. The 

say _by a ~ajority whether it will proceed with the consideration of right exists. We paid nearly half a million of iollars of these claims 

any questioner not. . last year and we will pay three or· four hundred thousand this year. 

Mr. ACKLEN. .Then. I ~nderstand the Cha.- to rule that as. soon But here come these minors-provided for in this bill who had no oppor- as the present busmess lS diBposed of the other comes up as unfimshed tunitf to go before the commissioners of claims and assert their rights 

business f . . . ~o mpensation,andmydistingnishedfriendfromNewYorkpleadsthe TJ;l~ SPEAKER. The Chair will then recogmze the gentleman.from s tute of limitations against these mi!lors which is something which 

LoUISiana. !~ undertake to say you cannot do in any other conrtrin .America except 

1\I. BARRON AND H. P. A...~D w. GOR:\IAN. , this court sitting for the purpose of.deciding claims. 

The Honse resumed as the unfinished business of the mon;ting Mr. POTTER. If the gentleman will allow me, I do not do any 

the consideration of the bill (H. R. No. 6131) for the relief of Magg~e such thing. 

Barron and Henry P. Gorman· and Walter Gorman. _ · Mr. EDEN. If I misunderstood the gentleman I wish to be cor- Mr. MARTIN. I yield to the gentleman from Illinois, [l\Ir. EDEN.] rected, but I have very little time to be corrected in. Now, my friend 

Mr. EDEN. The only apology that I make for occupying any time from New York is entirely willing to have a tribmml established for 

whatever in the discussion of this bill is that I desire to correct some the purpose of examining and considering the claims and ascertain- erroneous impressions that seem to prevail in the House in reference ing whether they are good and valid cla4ns, but when it comes to the 

to the action of the Committee on War Claims. This bill proposes to payment of the claims he backs out, if I understood the speech he ~ve a hearing in the Court of C~ims to certain heirs of a gentleman made yesterday. 

who resided, I believe, in the State of Mississippi during the war, and Now, this bill gives to these minors no more right than every other 

who died in 1868 or 1869. The bill embraces only that class of claims loyal citizen in the Southe~n States had under tho law of 1871. The 

of which thecommissionersof claims have hacijnrisdiction in the insur- Court of Claims are to consider and pass upon their loyalty and upon 

ree.tionary States ever since the 3d of March, 1871. the justice of their claims under this bill in precisely the sarp.e way in 

The Committee on War Claims have not a~opted a rule and do not which the commissioners of claims have proceeded in all such claims in 

intend to adopt a rule to remove the bar of the statute of limitations the South. 

in every case where parties entitled to relief under that act did not There need be no apprehension upon the part of the House that the 

file therr claims within two years, but only in such ca-ses as the claim- Committee on War Claims are going to- open the door to men in the 

ants can satisfy the committee that they were prevented from some South who willfully neglected to go before this commission within the cause over which they bad no control :fiom filing tboir claims within ~wo years that the statute gave the people of the eleven States to fil~ 

the two years. all their claims, all of them to be filed here in the clty of Washington. 

This claim is on behalf of parties all of whom were minors dnrillg It was a pretty harsh statute of limitations. Well, this is not a case the war, and all of whom but; one I believe were minors at the time where a party who had a claim for supplies furnished failed to make 

of the passage of the act of March 3, 1871. I repeat· that the Com- that claim within the time prescribed by law. It is the case of parties 

mittee on War Claims has in no instance within my knowledge re- coming here with a petition who have not had an opportunity of makported a bill to this House to give a hearing to any person who ha~ ing such application; and when they show that their failure was the a right to a hearing before the commissioners of claims, and who result of no laches on their part, I am in favor of letting them go befailed to assert that right, unless they had presented some good and fore the Court of Claims and have th~ir claims adjudicated. 

sufficient reason to the committee for taking such action. Mr. JQNES, of Ohio. l\Ir. Speaker, I do not understand why there 

Mr. WHITE, of Pennsylvania. Will the gentleman allow me to appears to be such objection to the application of the statute of 

ask him a question f limitations to claims against the Government. It is true that this 

Mr. EDEN. I have but ten minutes, and prefer not to be inter- statute which limited tbe·time for the collection of these southern 

rnpted. claims (known as the act establishing tho southern claims commisMr. WffiTE, of Pennsylvania. I want to know something about sion) wa.S in one sense of the term a statute of limitation. Sta.tutes 

tbis ~ill. of limitations, however, strictly speaking are enacted to cut off legal 

Mr. EDEN. I am trying to tell something about it. rights. But in these cases there never was any loga.l right. This 

Mr. WHITE, of Penn&ylvania. I want to know the facts about it, must be conceded by all who understand the law applicable to southnot the law. ern war claims. Therefore the lapse of time does not cut off the legal 

Mr. EDEN. If the gentleman will read the report, which is printed right of anybody. There never was any leg.al right to. terminate. 

in this morning's RECORD, he will find there all the facts I can give Tl1e policy Qf the republican party was that if those ClaJ.!IlB were to 

him. be considered, they must be presented before so much time sboulcl 

. ·. 

I 
644 CONGRESSIONAL RECOR.D-HOUSE. JANU~RY 22, 

elapse that they could not be paid withol.lt opening the door to fraud, 

and thus creating a tenfold greater evil than the one they w~re trying 

to remedy. 

When the act of 1871 was passed, establishinO' the southern claims 

commission, it contained a section which provided absolutely that in ne case should ever any of these claims be paid unless presented to 

this commission. I call attention to section 4 of that statnte. It is 

as follows: 

That said commissioners shall make report of their proceedings, and of each cla.im 

considered by them, at the ~ommencement of each session of Congress, to the 

Speaker of the House of R~presentath-es, who shall lay the same before Congress .for consideration; and all claims within this act and not presented to said board 

shall be barred, and shall not be entertained by any department of the Govern- ment without further authority of Congress. 

Further than that, afterward the southern claims commission was continued for four years, and the act contained this section: 

That the commissioners of claims shall not receive any petition for the allow- ance of any claim or claims unless such petition shall be presented t. and filed with 

them on or before the 3d day of March, 1873; and all claims not so presented shall 

be deemed to be barred forever thereafter .. 

This section was intended to be an absolute bar to any further presentation of southern claims after March 3, 1873. The object of the 

establishment of the southern claims commission was to sift these 

claims so as to provide for the payment of such as were proper before so much time should elapse that their justice could not be determined . But does it follow that, because it was the policy of the republican 

party, at the close of the war, when the facts could be ascertained, 

when witnesses were alive and could be examined, to pay claims that were not stale, it is wise or safe for Congress to open the door again 

for claims that have been barred, to provide for readjusting stale 

claims 'f Y·et that is the proposition now advocated. 

If we are to follow the policy that was adopted by the republicans 

a.fter the close of the war-which was to establish a commission and 

to provide that no claim should ever be considered by any Department of the Government unless presented to this commission and presented within a certain time, and if not presented within a certain 

time they should be forever barred-we must keep the door shut by 

adhering to the limitations that were contained in the law establishing the southern claims commission, pla.ced there by the republican 

party. Is it not going back upon that policy and turning our backs 

upon the precedent set by our side of the House to reopen this question now and to undertake to adjust these stale claims years after 

the parties have died, witnesses scattered, and evidence destroyed t 

One thing further, which I think must address itself with force to 

the other side of the House. At the last session of Congress we had some striking experience in regard to the adjustment of stale claims 

which illustrated the wisdom and policy of a statute of limitation, 

to cut off their consideration. I refer to what was known as the 

southern mail .contracts. • Nearly $400,000.had been appropriated for the payment of what was known as southern mail contract claims by the democratic party in 

the Forty-fourth Congress, to pay for carrying the mail in the seceded 

States from the dates between which the States seceded and the date 

of the proclamation of the president of the confederacy that the 

confederate government would assume payment. On investigation 

it was found tllat of sixteen claims filed by parties to obtain that 

money fourteen had already been paid by the confederate government, and their receipts were found in the archives of the southern 

confederacy by the very able and industrious member from Michigan, 

(Mr. WILLITS.] 

We found that notwithstanding thf'~'i~ cla::ats had been presented 

to the confederate government and paid, notwithstanding two written reports had been made by the confederate postmaster-general rec- ommending that the confederate government pay the claims, notwithstanding appropriation after appropriation had been made by the 

confederate congress to pay them, all had forgotten it. There were eleven States here represented by as honorable gentlemen as ever sat 

in a legislative assembly, men against whose honor no word of sus- picion could be r.'t"oved or exists; yet all those gentlemen had forgotten all those facts. 

Now, does not that illustrate' the wisdom and necessity of providing 

limitations within which claims against the Government should be pre- sen ted or be barred f If the Government attempts to adjust stale claims, 

the memories Qf men are so defective, evidence is so liable to be destroyed or forgotten, that the Treasury will be plundered by fraud. 

It.has always been the settled policy of wise legislators to enact statutes of limitation to apply even against legal claims, if not presented 

within .certain limits, usually six years; this, I think, is the usual 

limit on contra.cts not in writing in nearly all the States. 

How much more strongly does that doctrine apply to claiins against 

the General Government, where the parties have died, where witnesses have been scattered, and where the evidence in the case cannot be obtained. When these claims were insisted upon by men in 

the South who claimed to be loyal, we said we would establish the 

southern claims commission. When we did so we wisely provided that it should be limited to ,a certain time; and when we subsequently extended it we then provided that all claims which were not presented to the commission by March 3, 1873, should be forever 

thereafter barred. 

Mr. RANDOLPH. Then you think it right for the Government to 

plead the statute of limitation against loyal men f 

Mr. JONES, of Ohio. Certainly I d'o; the Government should plead 

it just as much as an individual. I illustrated that by what we witnessed here at the last session of Congress in regard to the southern 

mail contracts ; . the result of that proved the correctness of the doetrine. No elementary authority on law can be found anywhere that 

will not say'that the statute of limitations shouiO. apply as strongly 

in regard to claims against the Government as in re<Yard to claim' 

again t individuals. In theca e of individuals contend'i;g with each 

other they are there face to 'face and each can meet the evidence presented by the other. But in the. case of the Government the evidence 

is entireiy e.:r ]Jarte, and the Government is more liable to be impo ·ed 

upon than is an individual. · 

But aside from that we are not proposing to apply the statuto of 

limitation. We maue an honest effort to adjust these claims while the facts were fresh; we undertook to uo. justice to these claimants ; 

but it uoes not follow that it is within our power to do justice now after claims have become stale. This was the position taken l)y the 

leader of the democratic party in the last presidential contest. His 

letter which I sent to tbe Clerk's desk to be read at the last session 

is, I will say to the honor of the gentleman who wrote it, one of the 

most statesman-like documents ever penned upon the subject of outh- ern claims. 

Somethin~ was said yesteruay in regard to the bill introuuced at 

the last sesswn by the gentleman from New York, [Mr. PoTIER.] Be- cause he opposed the pending bill the argument ad hontinem,-:-always a fallacy-was made that he was in favor of paying all claims of this 

character at the last session. Why, sir, the bill introduced by the 

gentleman from New York at the last session contained this provi ion: 

That any J.>ElrBOn who may have a. claim auainst the United States of which the 

Court of Clauns would not have jurisdiction, but founde<l on equity und justice and not barred by any statute of limitation provided by any law of the United States: 

Now, I would like to ask any gentleman how such a claim as this, or any claim belonging to the class of which this is a representative, 

could be allowed or paid under the bill of the honorable gentleman 

from New York¥ That bill was, I think, a wise measure, and it provided in express terms that no claim should be considered or allowed 

that was barred by any statute of limitations of the United States 

and it provided further that no claim should be considered unless pre~ sented within six years after it originated; and in any event, under 

that bill, the court could only certify the facts, after they were judicially ascertained, to Congress, to be paid or not to be pai(l as Congress might see proper. 

Mr. Speaker, this whole subject is in a nutshell. Shall the policy 

inaugurated by the republican party, which meant to adjust these 

claims while the facts were fresh, and meant to bar them after a cer- tain date, be adhered tot In other words, shall this door which w::us shut by the legislative action of the Government be opened·i' That 

is the whole question. If we open it for one, we must open it for all. 

If we adhere to the policy already established, and decide that the door which has been shut shall rema.in shut, that ends the matter. 

So far as I am concerned I am in favor of keepin~ that door shnt. I 

say now, as I have always said, that this is not s1mply a party que - tion. We find men on both sides of this House honestly believing 

that this door ought to be opened; we find men on both sides honestly believing that this door ought to be shut. Those men who believe that the door should be kept shut ought not to vote for such a measure as this, because if passed 'it will be like the little droppings 

of water under a dam, which, if not promptly observed and arrested, 

will finally undermine and break through and become a sweeping 

and devastating flood. -

The inaenious devices resorted to for the pru-pose _of getting thi 

whole sutject again opened are perfectly astounding. Nothina but a determination upon the part of Congress to set its face like"' flint 

against the opening of this door can prevent mischief that will be 

beyond calculation. -

Mr. RANDOLPH. Does the gentleman think it would stir q,p mischief for the Government to pay an honest debt f 

Mr. JONES, of Ohio. Well, sir, that is begging the question. I 

say it will stir up mischief for the Government to open this door so that claims may be presented to this House and pushed through without our knowing whether these claims are honest or dishonest, and 

when by reason of the lapse of time the justice of which it is abso~ 

lutely beyond the power of the Government to ascertain. 

[Here the hammer fell.] · 

Mr. MARTIN. I propose now to yield to the gentleman from Kew 

York, [Mr. Cox.] 

The SPEAKER. The gentleman from 'Vest Virginia has but a. minute or two remaining, but the Chair is perfectly willing to reco ...... nize the gentleman from New York in his own right. 0 

Mr. COX, of New York. Very well; I will take the floor in my owu right. · 

The gentleman who just sat down said that this question ·was in a 

nutshell. So it is; and I wonder that it required so many trip-hammers to open it. I believe that all laws are revocable. The ·constitution itself is revocable in the prescribed mode. Congress under 

the Constitution has no right to establish a statute of limitations 

which cannot by law be repealed. Who on the other side or on this 

side proposes to make here ·a law which shall not be revocable~ And 

when the question is as to repealing any law, whether in the nature 

of a statute of limitations or otherwi e, in order to get at an honest, 
1879 . . CONGRESSIONAL RECORD-HOUSE. 645 

equitable claim, my vote is due to the claimant. When it is proposed, as in this case, to refer a claim to a court to decide it~to decide it, perhaps, better than we of this body can do-l am m favor 

of such a reference of an honest claim. I will not prej ndge the claim so far as to say that it is honest, but I will send it to a proper tribnnal for examination. • This is not a new question in this House ; it is an old f)Uestitm. I 

1·emember that when I was chairman of the Committee on Revolutionary Claims claims came in here hamp~red by statutes of limitationsstatutes which were proper perhaps in ohe regard, for it was the intent 

of those statutes to exclude stale claims and to close the coffers of the 

Treasury against their payment. But in cases like this, where the claim is fresh, in cases of minors or widows, or where people are beyond the eas, and therefore could not present their claims, 1 would 

not throw impediments in the way of honest adjudication and prompt 

payment. I care not for the letter of Governor Tilden or any other 

person on this subject. It is my right and my duty here to pass on all just claims. No doubt his letter was wise in many regards, but it 

is no direction to me in my duty. I will not plead the statute of 

limitations, sir, to prevent justice or to condone fraud or wrong. There 

is no rest, we are told, ·for the wicked, and there should be no rest in 

pursuit of righteousness. The more we pursue wrong either in politics or in courts of justice, the more "e pursue right in our legislation irrespect-ive of these limitations by statute, the better it will be 

for the country and the more honestly we will act in onr relations to 

Congress. 

[Here the hammer fell:] 

Mr. BRAGG obtained the floor. 

Mr. MARTIN. I cannot yield any further. 

The SPEAKER. But the gentleman's time has expired. 

MJ.·. l\lARTIN. I do not wish to dispute with the Chair, but I have 

only yielded ten minutes and then two minutes, and I should like to 

know how my time ha-s expired. 

The SPEAKER. Because the gentleman had more than half an hour yesterday. The Chair recognized the gentleman from West Virginia as having control of the bill. There seems to be some misunderst.anding. This bill may run for weeks in the morning hour-may 

occupy many morning hours. The committee is only restricted to 

two hours in making reports. The bill is in the control of the House. 

Mr. BRAGG. Mr. Spea\et, I was inquired of yesterday, when I 

stated my opposition to this bill, whether I had any fears it would be 

not fairly dealt with in the courts; whether I did not feel assured in a judicial body this bill and claims akin to this would receive a fairer 

discussion and disposition than ip a legislative body. I answer by 

saying to the gentleman that I have no fears of some judges upon some questions, neither have I any fears of some courts upon some questions; but when there are questions which are not purely judicial but quasi-political, a judge, however pure he may be, and he may 

be as unbiased as one of the distinguished members of the electoral 

commission, yet his decision may be such as the honest judgment of 

mankind cannot approve. Judges are but men. When they are translated from legislative hallr. or from the forum to the bench they 

act with precisely the feelings that actuated them when they were legislators. They are men still. They are subject to the same bias 

and the same prejudice and the same political predilections, and some- times, unconsciously to themselves, to the feeling of the community 

which is brought to bear upon them in the shape of public opinion. 

This bill seems to be regarded as a propositioli which is to give a remedy to certain parties for rights which they have, but whieh have 

been cut off by a statute of limitations, that it is in furtherance ef some natural or legal right which existed in the party. I say to the 

gentlemen who make such claim that no right exists in any party 

wl10 lives in an insurrectionru:y territory, who is part· of the people 

in insurrection against the Government or who are at war against 

the Government, to make claim against the conqueror after the war shall have ended for any injury which may have been done while the war was going on. The argument goes as well against loyal people as disloyal. The war was not against individuals. The war was against the belligerent party, the South, and the difficulty is, although there may be 

men, there may be women, there may be children who have claims 

which we feel ought to be paid, yet when we open the door for the 

payment of such claims it is impossible for the Republic to determine 

between the good and the bad, and while we are attempting to do 

what will be a solitary case of good we throw open the door to evil 

which bids fair, if we take bills mtroduced into this Honse as earnest 

of what is to come, to hasten the hour when bankruptcy shall come upon the Government by reason of the payment of claimants under 

the guise of loyalty. 

This is the proper outcome, perhaps, of the southern claims com- mission. That commission I always regarded as an evil. Tllatcommission I always regarded as a political expedient for the purpose of 

building up a party in the South in accord with the Administration. 

Instead of being a judicial court, it was a political court. Instead of 

being a. court where justice was done, it was a court that spread fraud 

and perjury all over the land. · Mr. EDEN. Will the gentleman let me ask him a question 7 

Mr. BRAGG. Certainly. 

Mr. EDEN'. I nnderatand the gentleman to state these parties never bad any legal claim on the Government. Under t he second section 

of the act of l\Iarch 3, 1871, loyal claimants of the. So nth were authorized to go before the commissioners of claims and prove their claims, 

and upQn proof the commissioners were to report them to Congress, 

and Congress was to pay them. I ask the gentleman whether they 

did not under the limitations of that law have the right to go to that 

commission and reco"\"'er the value of this property 'f 

Mr. BRAGG. I wasjnstreachingthatpoint. I willgivemyviews on that subject,,which will be an answer to the gentleman from illinois. I said the' southern claims commission was an evil. Without 

it no claim existed on the part of any one. With it a right to a. claim was ext.ended upon certain conditions. It was not a claim, a. right against the Government, wh.ic~ existed independently of that 

particular law. Therefore when persons failed to take advantage o,f 

the privileges of the law and to bring themselves within the lawwhich was wrong, I assert, in itself-th"ey cannot now make a claim. They are barred of any legal, natural right. It was a conditional 

right extended them. They failed to avail themselves.of it; and the 

question now is, among those who thought that commission was an evil and that the reopening of it will be a renewal of the evil, 

whether it shall be opened with an isolated case which will furnish a precedent for opening it for every other isolat-ed case that may be 

presented. ' 

But we are-told, (and it is a plausible argument,) that we ought 

to pay for supplies that were furnished· to our Army, to our starving 

soldiery. Is there anything in this report to show that these supplies were actually furnished to the Army Y 

l\Ir. EDEN. Unless that is proved, these parties cannot recover a cent under this bill. 

Mr. BRAGG. I say that when the committee report a bill to this 

House and make an argument that this claim for supplies furnished 

the Army should go to the Court of Claims, that committee ought to 

have proof before it that those supplies were furnished, by whom they were furnished, for what. they were furnished, to whom they were furnished, when they were furnished, and the reason why the parties 

djd not receive a quartermaster's certificate. 

Mr. EDEN. We had that identical proof, but as it was ex parte we thought it would be better to refer the case to the court, where the 

other side could be heard. ~Ir. BRAGG. I have heard a great deal of ex parte testimony. Does 

not the gentleman from Illinois know that the Court of Claims takes 

all its testimony by depositions; that A, B, and C, as commissioners, 

may take depositions i_n some part of Louisiana from Tom, Dick,. and 

Harry, with no opportunity for rebuttal unless the United States 

Attorney-General's Department .shall make itself a traveling attorney-general's office to hunt up facts as to the character of the wit- nesses ¥ 

Mr. EDEN. That court tries cases from all parts of the United ~tates. 

Mr. BRAGG. And it is a most remarkable result that in nineteen cases out of t"\\enty the judgment goes against the Federal Government because there is no sufficient test as to what is the loyalty to 

be proved by depositions before the court. 

Loyalty is a sentiment. There are gentlemen upon this side of the 

Honse who served in the confederate army who can furnish more proefs probably that they were loyal to this Government than we could who fought upon the Federal side, because they can prove by 

witnesses that what they fought for and what they sought to maintain was a government upon tke principles of our fathers and that we northern men had seen fit to attempt to tear down the structure 

that our fathers left us, and they were loyal and we were disloyal. 

[Laughter.] 

Loyalty is a sentiment; and when you undertake to prove by depositions that this man was loyal or that that man was loyal yon can bring up one of his field-hands to swear that he heard old massa say 

when he did not get proper pay for stores that the confederates had 

taken from him, or when his son was refused furlough, that he would 

like to·see that southern government go down and that such tyrants as old Bragg, "\\ho shot down soldiers for visiting their homes wben 

pas ing on the march, should not be upheld as representatives of the 

government .. Yon can prove by that negro how he heard massa say 

that day he was opposed to the confederates. Now that is ex parte 

testimony. The affidavits do not cover the whole ground, autl it is 

n()t in our power to sift uch evidence. 

Only the other day I heard a gentleman, a member of this House 

from North Carolina, say he knew of a woman from North Carolina 

who had proved a large claim in the court of commissioners of 

southern claims and had established her loyalty; while, ii they had 

called upon him, he could have proved to the court conclusively that 

she and all her family and friends were heart and soul friends of the 

confederacy. 

Mr. WADDELL. You may say that of 95 per cent. of the population of the South. · Mr. BRAGG. I say it of 99 per cent. And the only recommendation that woman had for her loyalty, and which carried her claim 

through the court, was that her brother-in-law was a member of the 

convention which nominated a recent President of the United .States.. 

[Laughter.] 

'The gentleman from North Carolina says that 95 per cent. of the 

population of the South were true to the confederacy. That recalls 

to my mind the very eloquent remarks . made yesterday by tire gen-
646 CONGRESSIONAL RECORD-HOUSE. JANUARY 22, 

tleman from Mississippi, [Mr. HooKER.] I was astonished that a claim so exceedingly loyal as this should find the gentleman from Missis~ippi as ita champion. When did the Vicksburgh district before seud a man here who represented the loyal people of that district, 

who should stand here and smg praises aJ;td chant preans in honor of the 

loyal Solltherners. [Laughter.] Ay, when I heard that speech, and saw in my mind's eye the 1ong array of loyal claimants, and thought 

of their autecedents, I felt like saying to them what the mouse said 

when it saw the old cat hanging up against the wall: "Oh., you are there, my old friend, ara you T You may stay there, for I would not 

trust you tho~h your skin was stuffed with straw." [Laughter.] 

Mr. CHAI. RS. I would like to say to the gentleman that my 

cplleague [Mr. HOOKER] is now out. He kept quiet the other day 

when my colleague was present. I do not think he should assail him 

behind his back. 

Mr. BRAGG. It is not my purpose to assail any man; but if the 

gentleman says that I say behind his back what I would not say to 

his face, he mistakes the man whom he calls to order. 

I beg pardon of the Honse if I have improperly alluded to the speech 

which the gentleman from Mississippi made yesterday in support of 

this claim ; but I have got tired of seeing claims come here in one form, whi'ch, when this House expresses its sense upon them, are suddenly diverted into another channel, and of ~eating persons talk about 

judicial examining and making laws fixing the rule.s of evidence to 

tie up the court, and then send the matter t.o accounting officers to 

determine what the value of the property taken was. I would like to remind the gentleman from Ohio [Mr. KEIFER] 

how he quoted in his famous speech against the William and Mary 

College the well-settled law that no nation is responsible for the 

torts of its officers or soldiers, for the destruction of property in the course of war in insurrectionary territory ; but, as I said, there baa 

been in this Honse repeatedly a taunt thrown at us, and I regret to 

say that it comes from Mississippi. 

We have been taunted with the $34,000,000 in the Treasury that belon~ to some one unknown or to the Government as proceeds of 

aban<1oned property and ought to be mstribnte~ in the South. 

I would ask these gentlemen to take tberr eyes off from the 

$34,000,000 for a moment if they want to appreciate how we feel. 

Let them turn the glass over and look at another view-a sea of 

blood-thousands and tens of thousands of the best men in the land, 

North and South, weltering in their gore. Let them hear the cries 

of ·the wounded man from the 'battle-field aa the cold chill of death 

strikes him, p.nd by the cessation of the groans yon knew that one more soul bad gone to his final account. 

Let them go and hear the piteGus moans from the hospitals; let them 

go to the hill-sides and mountain-tops, and to the valleys where 

thousands and hli.ndreds of thousands are in mourning. 

Then let them look at what is of the least acc~unt in the reckoning, 

the thousands of millions, the billions of money that were spent to 

put down this war; and when they place all these on the debtor side 

of the account, I would like to have them strike the balance-show, 

if they can, that the $34,000,000 of credit which belongs to somebody, 

they do not know whom, overcome the entries on the debit side. 

I am not willing to sit here as the Representative of my constituents 

and allow. these measures to be brought up in one form or another; 

from one member and another; from one committee and another, 

for the purpose of getting money out of the Treasury on the plea of 

loyalty. · These loyal men of the South are so few that the evil that will be 

done by leaving them out is nothing in comparison with the great 

evil that will be done if we open the door and allow the $17,000,000 

for claims upon our Calendar to be passed and appropriations made 

for the benefit of men on the plea th..'lt they were loyal people of the 

South. · I have here time and again heard a threat thrown to the democracy 

upon this side of the Honse which I have thought for a long til)le 

needed an answer, and it came from Mississippi. I have heard it said 

here upon the :floor of the House that unless the democracy of the 

North is more liberal) that unless they would open their bands and 

give out money more lavishly from the Treasury, thE) solid South 

would soon go over to the other side. 

I say, as one of the Repl"esentatives of the democracy of the North, 

that if there are any men in the South who propose to belong to the 

democratic party simply for the reason that the doors of the Treasniy are to be opened to them, the sooner they go over the better for them, 

the better for our party; and when the people of this country see and 

feelJ as they are beginning to ~o, that they can trust the· interests of 

the country with the democratic party of the North and South, then we can make recruits in the Northern States that will fill up our ranks to the maximum. 

We have no need of that olas of gentlemen that we can only bold 

to party allegiance by golden ties, by giving them the promise of 

everything which they may ask out of the Treasury. 

Mr. MARTIN. I must now insist upon the previous question. · Mr. ELLIS. I ask the gentleman to yield to me for five minutes. 

[Cries of "Yiold r" "Yield!"] . Mr. MARTIN. I will yield to the gentleman for that time. . Mr. ELLIS. Upon the general features of this bill I do not know 

that I desire to say anything now. "What I am about to say is called 

forth by that portion of the extraordinary speech of the gentleman 

from Wisconsin [Mr. BRAGG] in which he alluded to certain "taunts" 

made by southern members in reference to money now in the Treasury collected illegally and unconstitutionally; a.y, and he might have 

wellsaid"with the robber's hand. In the course of my speech upon 

the Mississippi levee bill I did allude to the fact that $86,000,000 were in the Treasury of the United States collected without the semblance 

of law or justice from the impOverished South. 

Now, I agree with the member from Wisconsin [Mr. BRAGG] that 

the percentage of "loyalty" i.p. the Southern States during the war was a. great deal less than 1 'Per cent. I undertake to say that the 

southern man who was born there, who was reared there, and who was identified with the southern people, could only have been loyal 

when be entered the confederate army and did his full duty as a soldier in the armies of the South. Such men were the only loyal men in the South. They were loyal totheircountry; they were loyal 

to their God ; they were loyal to the noblest and highest and holiest 

emotions that ever animated the human heart. 

Mr. CONGER. I wish to aak the gentleman-- [Cries of" Regular order!"] 

The SPEAKER. Does the gentleman from Louisiana [Mr. ELLIS] 

yield 'f . 

Mr. ELLIS. I do not yield. 

The SPEAKER, (rapping with his gavel.) The gentleman declines 

to yield. · Mr. CONGER. The Chair need not rap me down while I am asking the gentleman a question. 

The SPEAKER. The Chair wants the gentleman to rap himself 

down. [Laughter.] 

Mr. CONGER. The Chair seems-- The SPEAKER. The Chair is bound to protect the gentleman 

holding the :floor if he declines to yield . Mr. CONGER. I addressed the Chair, and I addressed the gentle- man speaking, and he nodded assent to me. Mr. ELLIS. I positively decline to yield to the gentleman from 

Michigan. . Mr. CONGER. I know the. gentleman does now, with the assist- ance of the Chair. 

The SPEAKER. The gentleman :b.·om Michigan [Mr. CoNGER] will 

be kind enough to take his seat. 

Mr. ELLIS. Here and there, scattered over the South, there may 

have been some individual who from his heart and from his ~onviction did espouse the cause of the Union, but I do not know in all the 

limits of my acquaintance in my own State more than three or four men who I believe were loyal to the Union in the proper senae and 

usual acceptatioB of that term. Before hostilities began there were in the South thousands and tens of thousands of in en who deprecated 

and deplored the gathering strife and who sought by every means to avert war and disunion, but when war came more than 99 per 

cent. of the men of the South, every man almost worthy the name of 

man, forgot individual opinion and entered the ranks a.nd fou~ht the 

battles and suffered the caL1.mities and death of the confeaeracy. 

As regards the claims which are forever being urged by "loyal" 

claimants and known as war claims, let me say that I for one am willing here and now-to vote for a constitutional amendment which shall 

close the books and forever settle the accounts between those loyal men and the Government. I do not stickle for their allowance or urge their payment. Some few of them are just, no doubt, and ought 

to be paid. I kno'tl personally, of a few cases of this cbara~ter; but 

in order to achieve peace, in order to silence the tongue of slander, 

in order to ease the hearts and minds of the people of the North who are jealous lest some rebel pe paid, I am willing to end all this matter by a constitutional amendment forbidding forever the -payment 

of every claim growing out of the war. In this, at least, am I agreed 

wj th the member from Wisconsin. 

Now as to the lecture which in questionable taste :Qe has seen fit to 

read to members of this House, southern democrats, I tell him that 

it comes with rather a bad grace from him. When I alluded to tae 

fact that there was .in the Treasury of the United States $86,000,000 

illegally -and unconstitutionally wrung from the products of the 

South-products sin.g!sd out for illegal and unconstitutional ta.xa.tion, so d"-'cidwl by :t decree of our highest court-when I alluded to moneys 

wrung from Southern States and property by means and processes 

which no man dares now vindicate, I did but allude to these facts by 

way of appeal for justice from the North to the South. We of the 

South were claiming a mero pittance, in all some $5,000,000, for the 

improvement of the Mississippi River, in which the gentleman from 

Wisconsin and the people he represents are interested. I cited the 

fact, hopina perchance that hearts like the members from Wisconsin 

might be a 1ittle softened toward a measure we deemed so just. 

Mr. BRAGG rose. The SPEAKER. The gentleman declines to yield. 

Mr. ELLIS. Now, sir, no democrat to my knowledge in the South 

ha.s proposed to desert the democratic party, or the democ~ts of the 

NorthMr. BRAGG. I simply desire t~ say-- The SPEAKER. The gentleman declines to yield. 

Mr. ELLIS. No southern democrat has intimated a desire to desert 

the democratic party. [Cries of "Louder!" "Loudert "] 

Mr. TOWNSEND, of New York. · We want to bear wllat the gen- .tlem:m is saying. 
i 

1879. CO~GRESSIONAL RECORD-HOUSE. 647 

The SPEAKER. The Chair hopes the gentleman '!ill ndt be interrupted. 

Mr. ELLIS. Mr. Speaker, I hope I will be allowe~ to proceed and 

to speak in my own way and manner. · 'l'he people of the Sot_lth believe that they are as de~ocrat~e and 1'\S trne to the democratic party as tho gentleman from W18consm and 

his constituents: We went to war, it is true; but let the trot~ b~ 

told. It was in obedience to what we conceived to be the teachings 

()f democracy that we accepted the call to war. From Jefferson and 

-calhoun we had learned that the States were sovereign. Believing 

this a majority of our people. believed that under the Constitution 

the 'states had a right to secede. We exercised the right; war was the result. At last, then, the war was one for the construction and 

.application of the Constitution. We" were defeated, and our theory, 

which we sought to vindicate by arms, was ~wept awaY:· We n.o~ 

~ecognize as the result of war a great and radical change m the spu:1t 

-of our Government. Especially is this so with regard to the question of internal improvements. Originally southern democracy held 

that the States being sovereign and the powers of the General Goy- ·ernment limited and specified, the power of the Government to aid 

in works of internal improvement waa narrow and limited. 

The doctrine that opposed works of inter,nal improvement !>Y the 

General Government rested upon . the doctrme of State sovereignty; 

in other words, of the right of secession. We of the South sought to 

vindicate that theory by arms. Democrats of the North like the gentleman from Wisconsin took up arms to destroy it. They succeeded. 

And now having destroyed by the baronet t~e basis, th~ f9undat~on 

upon which rested the old democratic doctnne of non-mternalimp'tovement by the General Government, they contend that the super-

-structure still exists, and constantly and bitterly oppose Government 

aid to internal improvements which the crying needS and wants of 

the impoverished South demand. To onrdemand'for aid they respond, 

"The Constitution does not allow Congress to aid you;" and we who 

warred and were overthrown in our attempt to vindicate and maintain that view of the .Constitution are told by the men whose swords 

and bayonets defeated us.,.that the canstrncti.on o! the Co_nstitntion 

which we fought for, and which they overthrew,stlll prevails. What 

nonsense! 

[Here the hammer fell.] 'Mr. MARTIN. I now ,insist upon the demand for the previous 

.question. 

Mr. POTTER. I desire to offer an amendment to the bill. 

Mr. MILLS. Southern members have been .reflected upon, and I 

.appeal to the :a:onse to give us a little more time. 

The previous question was not seconded. 

Mr. MILLS obtained the floor. · Mr. EDEN. Has not the morning hour expired f 

The SPEAKER. It has. 

Mr. EDEN. ·Then I call for the regular order. 

Mr. MILLS. Can the gentleman take me from the floor f 

The SPEAKER. The regular order being called for, the Chair 

-must announce the close of the morning hour. 

Mr. MILLS. I ask for five minutes. 

Tbe SPEAKER. The gentleman from Texas asks unanimous con- :sent· to occupy the floor for five minntee. 

Mr. MILLS. If I can have the floor to-morrow, I do not press fie 

:request. 

The SPEAKER. The gentleman will be entitled to the floor in the 

next morning hour. 

Mr. HOOKER. I rise to make a parliamentary inquiry. As debate 

is now cut off after allusions have been made to me during my absence, which I wish and intend to reply to, allow me to inquire 

whether this question will be the first thing in regular order to-moril'owf 

The SPEAKER. The morning hour, if called for. will be the first 

business in order immediately after the reading of the Journal. 

Mr. HOOKER. And this bill will be the unfinished business,"! 

underst.and f 

Mr. CONGER. Has not this committee now had its two days f 

The SPEAKER. It has bad ita two days to make reports, but this 

biB not being yet disposed of, must remain in the morning hour until fin~lly acted on. Under the rules of the Honse a single bill may thus ron in the morning hour for weeks. 

Mr. CHALMERS. I rise to a question of privilege. I understand 

that the remarks made by the gentleman from Wisconsin [Mr. BRAGG] were intended directly for me! and not for the gentleman from Louisiana, LMr. ELLis.] 

The SPEAKER. The Chair thinks this is not a qoostion of privile!J'e. The ~entleman in the due course of the business of the House · ;Bi no dc:ml:>t obtain the floor. 

Mr. CHALMERS. Very well, sir; I. am ready whenever the time comes. E:l'I'ROLLED BILLS SIGNED. 

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

that the committee had examined and found truly emolled billi! of 

the following titles;· when the Speaker signed the same: 

·An act (B. R. No. 613) subjecting the Fort Wayne military reservation in the State of Arkansas to entry as other public lands in said 

State; · 

An act (S. No. 1374) authorizing the chancellor of the Smithsonian Institution to appoint an acting secretary in certain cases; and 

An act (S. No. 1297) for the protection of dairymen, and to prevent 

deception in sales of butter and cheese in the District of Col umbia.. 

MISSISSIPPI LEVEE BILL. 

The SPEAKER. This evening was set apart by consent of t he House, amounting practically to a suspension of the rules, for the 

consideration of what is known as the Mississippi levee bill; but 

the memorial services o~ Mr. DouGLAS, late a Representative from 

Virginia, are about to take place, according to the notice given by 

the gentleman from Virginia, [Mr. GoODE;] and as these will be fol- lowed by the customary adjournment of the Honse, the session of 

to-night will necessarily be dispensed with. The Chair therefore 

asks that next Tuesday evening oo assigned for the consideration of 

the Mississippi levee bill. If the11e be no objection, this bill will be 

in. order next Tuesday evening, at half-past seven o'clock, with all 

the rig:Qts that would appertain to its consideration tbis evening. There was no objection, and it was ordered accordingly. 

DEATH OF HON. B. B. DOUGLAS. 

:Mr. GOODE. Mr. Speaker, on the 8th of the present month my colleague [~1r. HUNTON] aunounced that he would to-day submit for the a~tion of the House appropriate resolutions of respect to the memocy 

of our late colleague, Hon. B. B. DouGLAS. Mr. HU!-."'TON is nnavoi<labl:t absent to-day, and by his request I offer the resolutions which I 

send to the desk. 

The Clerk read as follows : 

R esolved, That this House has beard with deep regret of the death of Hou. B EVERLY B. DouGLAS, a Representative from the State of Vir,ltinia. ' Resolved, That the House do now suspend the consideration of all other business in order to pay appropriate respect to the memory of t~e lamented deceased. R.eaolved, That m token of regret the membars.of this House do wear the rumal 

badge of mourning for thirty days. 

Resolved, That the Clerk of this House ~o commu nicate these resolutions to the 

Senate of the United States. Resolv6d, That as a further mark of respect to the memory of the deceased the 

House do now adjourn.. 

Mr. GOODE. Mr. Speaker, after the adjournment of the two 

Houses of Congress on Friday, the 20th of December, and while the 

members were busily engaged in making preparations to return to 

their families and their homes to enjoy the Christmas holiday, t he 

friends of Ron. BEVERLY-B. DOUGLAS, of Virginia, were startled by the 

announcement that he was lying at the National Hotel, in this city, 

in a very critical condition. Hastenin~ to his bedside, his colleagues found him completely prostrated, and It was painfully apparent t hat 

his days upon earth were numbered and that be could not long sur- vive. His family and friends were immediately summoned from Vir- ginia by telegraph a,nd· aJ;Tived in this city on Saturday evening. If 

the faithful ministrations of a skillful physician, or the constant. attention of sympathizing friends, or the tender nursing of a fond, and 

affectionate daughter could have availed. to stay the hand of the 

destroyer, our decea~ed friend would have still lived ; but, alas, at 

such a time how vain is the help of. man ! He lingered through the 

night, and at an early hour on Sunday morning, the 2"2d of December, while the city was still wrapped in repose, his spirit left its earthly 

tabernacle and ascended to the God who gave it. His mortal re- mains were placed in charge of a congressional committee and con-: veyed to the family burial-place in the county of King William, in 

Virginia, where, on :Monday afternoon, in the presence of his sorrow- ing and grief-stricken family and friends, they were committed to 

their final resting-place, and the solemn words, " earth to earth, ashes to ashes, dust to du~t," were pronounced over his grave by a venerable clergyman of tQ.e Episcopal church. 

BEVERLY B. DouGLAS was, in many respects, a very remarkable 

man, and it is eminently proper that the Representatives of the people upon this floor should pause for a time in their customary a voca- tions to review the history of his life, to recount his private virtues 

and public services, and to render a proper tribute of respect to his 

memory. He was born at Providence Forge, in New Kent Connty, Virginia, on the 21st of December, 1822. He received a liberal collegiate 

education at William and :Mary College and the famous University 

of Edinburgh. He was gratlnated from the law school of J udge Beverly Tucker in 1843, and having been a~mitted to the bar in 1844 he 

practiced his profession for a short time in the county of New Kent 

and also in the city of Norfolk. Having married the daughter of 

Robin Pollard, a prominent citizen of King William, he located in. 

that county in 1846 with as flattering prospects of success in life as any young man could reasonably desire. He rose rapidly to dist inc~ 

tion in hlS profession, and soon occupied the front rank as an able practitioner and eloquent advocate. He was thoroughly v ersed in 

all the intricacies of the law, and enjoyed an enviable reputation as 

a safe, reliable counselor; but it was in the trial of causes before the 

;Wrry that his great talents shone most resplendently. His power over the juries iu the circuit where he practiced was truly wonderful. He 

was engaged in many important and exciting trials, and however 

eminent the counsel associated'with or arrayed against him, it was always conceded that his was the speech of the occasion . Such was hia acknowledged ability and so extensive was his popularit y that 

when the convention ~ remodel the.oonstitu:tion of the St.s.te was 
648 CONGRESSIONAL RECORD-HOUSE. JANUARY 22,. 

called in 1850 he wa; chosen with great unanimity a member of that 

body from the district composed of the counties of King William, 

Hanover, Spottsylvania, and Caroline. His colleagues were Francis 

W. Scott, Corbin Braxton, Eustace Conway, and Edward Morris. 

Aftel' the ratification by the people of the new constitution, in ~e 

formation of which he had borne a. conspicuous part, he was elected a member of the senate of Virginia in 1852, and served continuously 

in tha.t body nntil1865. · Among his colleagues in the General Assembly during that period were such men as A. H. H. Stuart Robert A. Coghill, Joseph Christian, Henry W. Thomas, James Neison, James E'. Johnson, Alexander 

Rives, Robert Saunders, R. T. L. Beale, Frederick W. Coleman, 

George W. Randolph, John Robertson, Benjamin Rush Ployu, Hugh W~ Sheffey, Allen T. Caperton, James L. Kemper, James Barbour, John 

Seddon, John B. Floyu, 1\fuscoe R. H. Garnett, J olm C. Ma1·ye, and others 

not less prominent. Amid tha.t·-galaxy of distinguished names, whose 

fameis not confined to theCommonwealthof Virginia. but is coextcni>e with the limits of the American Union, it is no exaggeratioB to say 

that BEVERLY B. DOUGLAS was regarded as a. "bright, particular star." 

Ho was not only esteemed as a worthy associate of those great men who 

have reflected so much luster upon the State which gave them birth, 

but he was an acknowledged leader, as is evidenced, by the fact that 

from 1853 to 18.!)8 he served as chbirman of the committee on finance in 

the senate, and as chairman of the committee on military affairs from 

1861 to 1S65-four memorable yeam in the history of the Commonwealth, during which she was swept throughout all her borders by the 

besom of destruction and every foot of her soil was trampled by the 

red, fiery hoof o'f war. Although a. member of the General Assembly and therefore exempt 

from military service in the field, Mr. DouGLAS was not content to serve his State only in her legislative halls during that trying ordeal 

through which shewas called to pass. He loved his native State and 

all her traditions. He had been reared in the State-rights school 

whieh taught him to believe that·his paramount allegiance as a citi- zen was due to her. When, therefore, her soil was invaded by hostile 

armies and Virginia called upon her sons to come to her defense, 

BEVERLY B. DOUGLAS responded to her call with a heart as unfaltering and a courage as lofty and unflinching as ever animated the breast 

of his illustrious progenitor in the Highl~nds of Scotland, whose crest wa.s the lion's head, and whose family motto was "Do or die." He 

entered the army as first lieutenant of" Lee's rangers," a. company com- manded by W. H. F. Lee. He became the captain of his company, and was afterward promoted to be major of the Fifth Virginia Cavalry, in 

which capacity he served until the close of the war. He was an ardent, 

enthusiastic and consistent democrat, and for the last thirty years 

has rendered valuable and conspicuous service in all the political con- flicts which have occurred in Virginia. He was chosen by a State 

convention of his party a presidential elector on the ticket of Breckinridge and Lane in 1860; a delegate to the democratic national con- vention which assembled in New York and nominated Seymour and 

Blair in 1868, and canvasser for the State at large in the cclebr~ted 

campaign which resulted in the election of Gilbert C. Wa.lker as governor of Virginia in 1869. 

No man of his day excell'ed :Mr. DouGLAS in the discussion of political questions before the people. As a popular debater he was pre-eminently distinguished for his extensive, accurate information, 

his logical1 compact argument, his keen, pungent wit, his scathing, 

withering mvective, and his burning, impassioned oratory. When- ever it was announced that DOUGLAS was to speak the people would come together in great crowds to hear him, and the many brilliant 

triumphs which he achieved on the hustings will long be remem- bered with pride and pleasure by his political friends and admirers. 

In November, 1874, Mr. DOUGLAS was electf,ld from the first congressional district of Virginia a member of the Forty-fourth Congress, and 

again in November, 1876, he was elected a member of the Forty-fifth 

Congress. He did not take an active part in the proceedings of the 

House, and very rarely participated in its debates. Hence it may 

not be inappropriate to remark that the members of this body who 

have only known him here can form no proper conception of the 

forensic powers and intellectual vigor which have rendered his na,me a household word in_ Virginia. The most valuable service which he 

rendered here was as chairman of the select committee of nine in the 

Forty-fourth Congress to investigate the affairs of the Freedman's 

Savings-Bank, to ascertain all matters relating to its management, 

the causes of its failure, and the names of the parties responsiblo 

therefor. He undertook this work with a determined purpose and 

prosecuted it with commendable industry. His report, submitted on the 19th of May, 1876, is a valuable contribution to the history of tho 

times, showing clearly the origin and structure of the Freedman's 

Bank, how grossly, it was mismanaged, how its funds were misapplied 

by the officers and agents, and how the poor freedman was deceived 

and betrayed by those to whom he confided the inveetment of his 

small, hard-earned savings. 

I have thus, Mr. Speaker, given a very imperfect sketch of the life 

and public services of my departed colleague and friend. No man of 

his generation in Virginia had a more vi~orous intellect, a more cour- ageous temper, or a more generous dispoSition. That he had his faults 

and frailties it would be uncandid to deny. These were known to 

the public generally; but his intimate friends and associates only 

knew how to appreciate properly those rare magnetic qualities of 

the heart which drew around him and attached to him so warmly all 

who came within t}le circle of his personal acquaintance. I know 

that I utter a sentiment which will touch a responsive chord in the 

breasts of those who knew him best when I say that as a citizen no. mnn was more patriotic and public spirited; as a friend no mau was ever more unselfish and true; as a h.usband and father no man was. ever more tender and devoted. That mother Commonwealth which 

he loved so well and upon whose bosom his mortal remains now calmly repose will long mourn him as one of the noblest and brightest 

of her sons, and among her people the name of BEVERLY B. DOUGLA 

will long be held in grateful and aftectionate remembrance. It is nut 

for me, l\fr. Sp~ker, to teach the moral lesson to be drawn from this 

sad and afflictive bereavement. In the presence of such a solemn 

event I feel that silence would be more eloquent «<an word~. 

Since the organization of the E'orty-fifth Congress seven members. of the House of Representatives have been stricken down by the 

hand of death. As these notes of warning are ever and anoa falling 

upon our ears it would be well for us all to pause in the midst of 

these busy and exciting scenes to reflect upon the shortness and un-- certninty of human life, and to remember "what shadows we are and 

what shadows we pursue." · 

l\Ir. POLLARD. l\Ir. Speaker: 

I come to bury Cresar, not to praise biro. 

Shakspeare in his day recognized the fact that in delivering the) 

funeral orations of men their unrestricted praise was common. From.. 

his day to ours this practice has not changed. It is indeed a. pleasant 

task to recount the kind acts and good qualities of our departed: 

friends, but duty to the living and justice to the dead require that a man's eulogist truthfully narrates his prominent characteristics ; for. no man in this life is all good-none perfect-and the biographer who. 

only writes of his hero's me:r;its is set down a failure and his workSunread. · 

I come to bury l\Ir. DouGLAS. "He was my friend, faithful and 

just t8 me." A friend was he indeed in all that the word means,. 

although we never met till the Forty-fifth Congress assembled in 

October, 1877; bnt then, being on the same committee and hence often 

together, strong ties of friendship rapidly formed. He was warm- hearted, generous, hospitable, brilliant aa a conversationalist, eloquent, ardent in his friendships, and eager to resent any affront 

offered his friends. He was an earnest advocate for what he believed 

to be right, and his errors were always toward the weak and erring. 

On our committee work, wbere so many cases came from poor brokendown patentees for an extension of their patents, he was always iu 

sympathy with those who had been pecuniarily unfortunate in their 

inventions, and was always ready to bend the rigid rules of the com- mittee to assist them out of their misfortunes, and on more than one occasion did he eloquently and vehemently urge his fellow-committeemen to but that once give the poor applicant the benefit of another 

term of his patent. 

What nobler quality can a man possess-a mind constantly on the 

alert to alleviate the miseries of the unfortunate f Such qualities of 

the heart bring hosts of friends and admirers. Mr. DoUGLAS was loved 

and admired by all who knew him well. 

He was a liberal-minded man, as are all men of education an<I 

travel. 

It is he who thinks all Christendom is bounded by his horizon, that 

the whole boundless universe is inclosed within his immediate neighborhood, who is your narrow-minded fellow who knotos he is right and. 

who cannot be convinced that he, his fumily, or party ever did or ever could do wrong. He it is who always strictly follows the ·bidding of 

his party leaders and never concedes any good by the opposition. 

Such was not :Mr. DOUGLAS. He was a stanch democrat, but felt. always that there were many good men in the republican party and 

that that party had done much good. 

I remember the last conversation I had with him. It was in walking from his hotel tiQ the Capitol but- a few days before he died. In 

that conversation he referrea to Virginia and the progress made in. 

those localities where· immigration hatl come since the war, and said. 

the old State n~ded -new blood; in fact that whole conversation 

showed the breadth of his views and the liberality of his mind. The 

world needs more men of his ideas and we should cultivate them. 

Thinking meu have come to the conclusion that a country has. more to fear from the ignorance of its own people than the assaults 

of its outward foes; and to-day, if our Government has special 

ground to fear, it is because our citizens do not familiarize themsel ns with the people, their manne~ ancl customs, the habits, thoughts, and 

wishes of portions of our conntry remote from where they reside. 

A man who, like Mr. DOUGLAS was, is a leader in his neighborhood 

and who shapes its tone and feeling is of more service in this direction than scores of those who follow. Mr. DouGLAS had one other 

quality for which he was noted-truthfulness-and whatever faults. a man may have if he possess the jewel truth t~ey s.ink into insig- nificance. If we can implicitly rely upon every word a man utters· we instinctively admire him, and in this regard at least we bid onr boys to pattern after him; but "let a man be untruthful, a.Dfl the: 

world shrinks from him; and though he have the brain of a Web.-
1879. CONGRESSIONAL RECORD-HOUSE~ 

ster, the logic of a. Calhoun, or the eloquence of a. Clay, he is nothing; 

his life is a. waste, and strive he never so hard, he cannot rise. 

Truth is in each flower, 

As well as in the solemnest things of GOO.. 

Truth is the voice of nature and of time; 

Truth is the startling monitor within us. Naught is without it; it comes from the stars, 

The golden sun, and every breeze tha'j blows. 

Truth! It is God, and God is everywhere. 

Still, Mr. DouGLAS had faults, and what man possessing such strong 

social qualities has not t Yet no man who knew him would for once think of him other than as a. brilliant, noble, kind, generous man, 

t horoughly well-bred and hospitable, with a large, warm heart, always on the alert to do some good to poor, suffering humanity. Reqniescat 

in pace. 

:Ur. HOOKER addressed the House. [His remarlrs will appear in 

the Appendix.] · 

Ml'. WALKER. ~11:. Speaker, again are we called upon to momn t he death of an honored member of this House. It should admonish us all that "in the midst of lifo we are in dca.th." 

The exemplifications of this solemn truth have been fearfully frequent in this body during the past few weeks. Four of its members 

have gone down to the tomb, and the tomb never received within its 

somber walls four nobler or braver spirits. Each possessed all those 

high and commanding atti'ibutes of both ~ead 8.nd heart which com- bine to form that noblest work of God, an honest man. Him whose memory and merits we to-day commemorate by these 

public and appropriate proceedings I first met in Virginia in the gubernatorial campaign of 1869. The acquaintance then begun in the 

midst of the beat and excitement of that memorable struggle soon ripened into a wa.rm a.nd devoted friendship, which continued to th~ 

day of his death unabated and unma.rred by a single estrangement. 

In that contest he aded a conspicuous part. Clearly comprehending the per~ which environed his native State, he ?-bandoned.a.lucrative busmess and the comforts of home, and, entenng the political 

arena, by his s-turdv eloquence and unanswerable lo(J'ic contributed 

much to the achievements of that grand triumph which restored civil 

government to his beloved State and placed her once more in harmony with the Federal Union. But his patriotic services to the Commonwealth were not confined to this one great struggle. Years before and in his early manhood, by the force and vigor of his intellect 

and his unswerving integrity of character and pmpose, he rose rapidly in public confidence aud esteem, until he came to bo rcga.rde(l as one of the foremost men of the State and among the ablest debaters 

who ever graced the halls of the Virginia GenemlAssembly. 

Brave and chivalrous in spirit, honest and independent in thoa.ght 

and action, as prompt to resent an insult as to forgive an injmy, 

earnest in.his c~nvictions aD(l sincere in his friendships, BEVERLY 

DOUGLAS commanded alike the confidence of his friends and the re- spect of his foes. Doubtless he had his faults, but who has them not' 

From the day when Adam wa-s driven forth from the garden of Eden 

to the present moment the pages of recorded history, either sacred or profane, are illuminated wi.th the name of bu~ One of spotless humanity. And what a fitting rebuke that One-the despised Nazarine-administered to the Pharisees, (a sect not yet extinct,) who 

would stone a woman because she had sinned, when he said unto 

them: 

He that is witb.ont sin among you, let him first cast a stone at her. 

There are faults of the bead and tnere are faults of the heart. The 

.former may sometimes be excused, while the latter may .a,lways be atoned. l\Iy late colleague possessed few faults of the head and none of the heart. His great heart ever beat responsive to all tha.t · was. manly, generous, true, and sincere. 

But, sir, I did not rise to pronounce a panegyric upon my deceased 

friend, but rather, in the briefest manner possible, to attest my own appreciation of his noble qualities and rare worth. A careful survey 

of these would tsnggest many useful lessons, but none more pointed 

and expressive, perhaps, than that- · 

He lives most who feels most, acts the noblest, lives the best. 

l\Ir. SPRINGER. !\ly acquaintance with BEVERLY B. DOUGLAS 

began with the first session of the Forty-fourth Congress. Of his 

life previous to that time I know but little, and will leave to his colleagues from Virginia·, who have known him from his youth up, the 

t ask of speaking appropriately of his earlier years. 

An examination of the RECORD of the Forty-foUl'th Congress, the 

first of which .Mr. DouGLAS was a member, will reveal the fact that 

he began his congressional career wlth a zeal and industry and sus- t a.ined himself in debate with an ability that gave assurance of a brilliant futme. His constituents were not slow to recognize in him a faithful and able representative. . He was the chairman of a special committee for the investigation 

of the affairs of the Freedman's ·Bank, and conducted the matter with 

untiring industry and remarkable success. He was an earnest advocate of retrenchment of public expendi· 

t ures and of reform in the civil service of the country. On one occa- sion, in March, '1876, he moved an amendment to the legislative, 

executive, and judicial appropriation bill, reducing the salaries of 

members. In the course of the debate he said: , 

In that section of thecountrywhich I in part represent, standqlg in the presenee ' 

of a diminishing revenue and the paralyzed industries all over the country, with a constant decline in the expense of living, the peopfu did demand, in a voice that m nst be heard here and elsewhere, that there should be a retrenchment in the expendi- tures of-this Government. Myequanimitywill notbeatalldisturbed by any taunts.. abont my sincerity. I will let that question be tested by m~acts. I will respond._ to tbe demand of my constituents and of the people of -thiS country for retrench· ment in this Government., in every branch of it, the legisla?•e as well as tbe others. 

Those who h"llew 1\fr. DOUGLAS never for a. moment doubted his- sincerity. He was not a. demagogue; he tried to deceive no one; he was always truthful and sincere. In advocating the reduction of 

his own salary be evinced his unselfib1l devotion to the interests of 

his constituents. He never thought of self, of his own interests or · ambition, but moved forward fearlessly in the advocacy of what he 

believed to be the right. He had a delicat-e sense of honor; he did. 

not impugn the motives of others, and he resent-ed witl! indigna.tion. the slightest reflection upon himself or his friends. He was broa<l 

and liberal in his views, and adhered with unmo\ed purpose to his 

principles. He was generous to a fa,ult, kind to friends, loving to .. his wife during ·her life-time, and devoted to his children to the hour · of his death. 

Mr. Speaker, I will not speak of his frailties. De nw1·mis ·nil nisi:· b01mnt j yet he wronged no man but himself. Who of uR will be able • to claim as much in the last day f . In the death of BEVERLY B. DOUGLAS Virginia has lost a faithful 

Representative, those who knew him a firm friend, and his children a kindandlovin:gfatber. Living, be" loved his fellow-men," and dead,, his memory is cherished by them. :Uay he rest in peace-

.. Let the lifeless body rest! 

He is gone who was its guest. Gone as traYelers haste to leave 

An inn, 'nor tarry until e>e. 

Traveler! In what realms afar, 

In what planet, in what star, 

In w bat >ast aerial space, . Shines the light upon thy face 1 

In what gardens of deli~ht 

Rest thy weary feet to-mght ~ " 

'Mr. DUNNELL. Mr. Speaker, we are in session at this hour ihat. we may appropriately honor the memory of a fellow-member of this 

House. At your request, sir, on the 2'2d day of last month, with other 

members, I accompanied the remains of Hon. BEVERLY B. DouGLAS 

from this cit;y to their final resting-place, in his native State. Mr. 

DOUGLAS wa§ born in New Kent Clilunty1 Virginia, December 21, 1822. 

King William County, where we saw h1m buried, was bis home, an(l . in it he passe(l the greater part of his life. Thither be went shortly 

after he had completed his academic, collegiate and professional 

training, and a few months subsequent to his admission to the bar·· in 1844, when he was twenty-two years of age. • Ho was carefully prepa.red for his chosen profession.· The courses- of study to which he was subjected for discipline in the institutions. of learning, in Virginia and in the UniversitY of Edinburgh, in Scotland, bad not failed in their offices. They bad thoroughly fitted him_ for an honorable and useful life. The marked enthusiasm and ability,.. 

of which be furnished early and abundant evidence, very soon gave 

him a foremost place among the best lawyers in King William and 

the adjoining counties. Many honorable incidents and triumphs in 

his early and later career as a lawyer, in the scene of their occm- rence, are there remembered and fondly cherished. They had their 

birth in a mind well cultured, in great personal integrity and honor,.. and in a heart full to overflowing of true kindness. They could not 

fail, as they did not, to . make for him many and steadfast friends. 

They furnished a reason for the unmistakable regard and esteem ip.. 

which he was held by his neighbors and friends. They overtopped 

faults and found expression in tears as his remains reached these. friend~ and his home. . At the age of twenty-eight, Mr. DouGLAS was a member of the con- stitutional convention of Virginia. At that early period in his life,. 

he was classed among the number concerning whom the Commonwea.lth entertained large expectations. Immediately succeeding this.. 

public service in the constitutional convention, he commenced one of twelve years' dmation in the Senate of the State. He here held an honorable rank among hls c6lleagues. He was a ready and forcible debater. • I refer more especially to the life of Mr. DOUGLAS between the 

years.of 1844 and 1861, because in this time he founded and built up a reputation so honorable to himself. a.nd to which his many friends. now unite in pointing with just pride. It was during this period. that be won for himself, by faithful labor in professional and public... 

life, the strong attachments which remained to him, even to the 

grave. He had the personal characteristics which ma.de him popular with the people. He was eminently generous. He will long live 

in the memory of many a humble person in King William County for 

some act of kindness which will have no record, save in the fai.thp!I 

memory of those upon whom be bestowed his beneficent acts. 

As the funeral procession was moving from the church to the grave,, a colored man, of middle age, approached me and said: " Will not tha 

• 
CONGRESSIONAL RECORD-HOUSE. JANUARY 22, 

<Coffin be opened f Mr. DouGLAS was my friend ; I want to see him once more." For what reason this poor citizen thus felt and spoke I 

cannet'tell. He knew the reasons. Beyond doubt he had received some ~id, some en~ouragement, some generous tr.eatment from his 

lost frtend. 

Human history, Mr. Speaker, is always at fault because never com- plow. So the published life of an individual w~l be at fault, for it 

will leave out many an act of private beneficence, many a noble deed, 

many a great effor;t for the good of others. These acts may have no rrecord save in the books kept by God ·himself. 

Though the life of our friend may .teach the truth that-

'Tis wondrous difficult, when once beset, To struggle throagh the straits, and break th' lBvolvin~ net; 

_yet it has been my pleasure to find in that life the fruits and achieveJments'of a libt~ml mental culture, and especially the deeds wrought ·from the impulses of true kindness, for I remember that 

Kind hearta are more than coronets. 

Mr. PRIDEMORE. :Mr. Speaker, solemn and imposing ceremonies 

-cannot stay the hand of death, nor alleviate the distresses of the living. Yet the common consent of mankind justifies the erection of ·monuments to the memory and the recording of the deeds of the .illustrious dead. Deeply impressed with the sad rite accorded our distinguished and lately departed brothers, I was moved to see as the mournful panorama passed before me men whom the world calls 

:great-grave and reverend Senators, foemen in the ·ambitious con- tests for political supremacy-movinrr down these aisles, arm in arm, 

like children. There, too, was :the ~resident of the United States, 

and distinguished judges who sit to pass in the last resort upon the •most sacred rights of man; all bowed to the triop1phs of the conquerling band of death, before whose victories their wisdom was turned 

into folly, their ambition into humiliation,. and their fame into for-

-getfulness. A moment and they pass on, each to resume his journey 

in life-a jonrnoy that in its turn must end in death. Amid the ·solemnity of these scenes·my eyes fell upon the vacant seat of my disl'tinguished colleague, the late Hon. BEVERLY B. DOUGLAS. :Memory 

recalled the men and the times when, more than a· quarter of a cen- tury ago, he came first upon the theater of public life. At no period 

had· Virginia presented to the world a greater ~rray of her gifted sons ,or distinguished men. Major DouGLAS at an early age contended 

with these his countrymen for the prize of political and forensic sn- iPreinacy, and won for himself a name second to no man of the times. 

Devoted to the history and traditions of his native land, he wor- . biped at the shrine of her past glory ·and rising greatness. While 

yet in the prime of life und advancing fortune war soun<lGd her dread 

trump, and called to arms. Differing with many of his countrymen, 

but sharing the views of his own people he joined them in the conflict, 

..and asserted amid the sulphuric flames of battle what he and they 

believed to be the constitutional rights and sacre"d honor of Virginia. 

He bore without spot or blemish the colors committed to his hands, .and won from strife ~nd death distinguished honors as a. soldier. He 

had seen and served the old State in the pomp and power of her prosperity. He now followetl her fortunes in the dangers and perils of .adversity; beheld her devastated fields, desolated homes, and fatherless children; ay, more, he saw the triumphs of war blot her from 

the galaxy of States, and himself and comrades disrobed of the 

:Sacred rights of citizenship; saw strangers giving laws and claiming 

-dominion over the land of the Berkleys, Henrys, and Randol phs. To 

-this common fate he bowed in silence and awaited-it may bo im- .patiently-the hour of her .redemption. The shackles at last cleft 

:from his hands, his comrades and countrymen again crowned him 

with honors and clothed him with the powers of a Representative rupon this floor. . But of bis services here others can more fittingly speak. With a mind more than ordinarily gifted by nat~re, strengthened by a clas- .sical education, humorous and genial, he lent a charm to social life 

that made him the idol of the society in which he moved. Through 

.his long and varied services as a citizen, soldier, and public man no blot or stain ever approached the sacred precincts of his fair name. May the sod rest lightly upon his bosom and Virginia ever hold his 

distinguished services in grateful remembrance; for of all the areat 

and good now resting in her soil there sleeps not one who lovea her more than DOUGLAS. 

Mr. CLARK, of Iowa. Mr: Speaker, I rise with some hesitation to 

speak of our deceased fellow-member, Hon. B. B. DOUGLAS, as I have 

not had that personal acquaintance which would admit of my speaking of him from a stand-point of acquaintanceship. Althou.[..h I saw and knew Mr. DouGLAS frequently upon the floor of this .House, I was never brought in contact with him. I knew not of his sickness 

until I heard of his death. · 

Dea.th has inexorably added many to his list from this House. 

Nothing has been so gratifying to the friends of each as the sincere 

regret for the loss and sympathy for the mourning relatives-as the 

impressive ceremonies observed by the House. 

The entir~ absence of personal knowledge of Mr. DouGLAS on my 

part will compel me to be very brief. Others will have spoken of 

hiB life and personal qualities at greater length. I can only speak of 

him as a member of this Honse, except as I have learned of him from 

others who have known and admired him in earlier years ami to the 

time of his death; ::md I honor that great heart in human nature 

which, while it forgets the faults of the dead, remembers the virtue 

and all good qualities. 

I am able to speak of our deceased member with more particular- ity because of the fact that I was one .of the committee appointed by 

the Speaker of this Honse to escort the remains to their "last bouse." 

I did not feel at liberty to neglect that duty, notwithstanding many 

other duties. 

The immediate friends of :Mr. DouGLAS spoke of him in the highest 

t-erms. At his old home his funeral received every evidence of the 

confidence, not to say devotion, of the community to his name. The 

love for him and admiration for his memory were manifest eve:cywhere in his district. He was brilliant as a senator of the State aud as a lawyer at the bar-called the Nestor of the bar-and his ability was recognized and acknowledged until death claimed him. 

In the chilling ·excnrsion across the country to the home of Mr. DouGLAS the committee appointed by the Speaker received every 

evidence of esteem and honor. No pains were spared to havens un- derstand that we had come as the committee attending the remains 

of Mr. DouGLAS and therefore a.s friends of his people. No higher 

evidence of the devotion to the deceaaed or reverence for his services 

and memory c~mld have been shown than were during the visit of 

the committee. -

At the time expected by the friends we met them at the village of 

Mr. DouGLAS's residence and attended his remains to the church. The 

entire community seemed to 8e present to attest their respect for his 

momory. Impressively Mr. DOUGLAS was buried, near his deceased 

wife, and near his old home, and there "may his ashes rest in peace." 

I am told, Mr. Speaker, that Mr. DouGLAS was brilliant and able, 

and regarded by his constituents as one of the most promising and 

really able men of Virginia. •Mr. Speaker, if Mr. DouGLAS bad faults or .frailties (and who is 

free of all our human kind) we cast the mantle of Christian charity over them, after tho example of the G1·eat Master. The immediate 

friends of the deceased member testify also to his goodness of heart 

and openness of hand. I commend his excellencies and "leave his 

short-comings to his Saviour/' 

Not mach can be said to remove or alleviate the article of death. 

There are those who feel this affliction more than we, those who feel 

that" the silver cord is loosed, and the golden bowl broken." And now when the night and shadow of death have settled upon our brother, and the veil has been dropped between him and us, and when 

the "mortal has put on immortality," we commend to the guardian care of the all-wise Father the orphan little ones of the l10usehold. 

And, too, nothing which may be said by human tongue can lift the 

burden which the .death of a father rests upon the hearts at the 

hearthstone. We can only recognize these visitations with that awe which knows no power of resistance. 

Mr. TUCKER. Mr. Speaker, the advent of a new member to this 

Ha.U is sometimes under circniQstances which place him in a relation 

to public business not congenial to his tastes nor suited to the exhibition of his peculiar powers. It is thus not possible for his asso- ciates to appreciate his merits or to estimate the grade of his capacity. 

Especially is this the case with one from the South, the relations of 

which to this Government for many years have made southern men much less familiar with the general policy of the administration of 

public affairs than are gentlemen from the North. . The members of this HoU!'!e from one cause or another have had noadequateopportunityto understand why the people of his(listrict selected 

my late friend and colleag•e,Hon. BEVERLY B. DouGLAS, as eminently 

worthy to represent them in this House. It is therefore the dutyJ 

not only customary but imperative, of his friends to present in .ito 

proper light the character of Mr. DouGLAS and to delineate in trnthfullines the noble qualities of his heart and the splendid endowments 

of his intellect as he was known to ns · because he never found the 

appropriate occa-sion for manifesting them in the discussions upon 

this floor. · I knew him in boyhood, for we were schoolmates at the Richmond 

Academy, an institution well fitted to prepare a student for his collegiate career. Its teachers in the classics and in mathematics were eminent in talents and character and possessed of large acquirements. 

I remember him at that early period as distinguished for his talents as a debater-talents which shone so splendidly in his after life. He was educated liberally at William and Mary College and at Harvard. 

He studied medicine at the University of Edinburgh, Scotland, and 

afterward the law in the school of William and Mary. He gave rich 

promise as a collegiate of future eminence. 

He was a planter as well as a lawyer, and thus his professional life was developed according to a type so peculiar in Virginia and other 

parts of the South-that of the country lawyer. 

This is a character which is now fast passing away, whom I would 

fain rescue from oblivion. Such a lawyer lived upon his farm, which 

he cultivated, and attended the courts, without any strict devotion 

to business in his office. His library wa..s not measured by the num- ber but the weight of his books. He read and mast-ered Braoton, Coke, Hale, and Blackstone. His reports were few-my Lord Coke's, Salkeld, Saunders, Atkyns's, Equity Cases, and the li~e. He read history much, and studied the human heart profoundly. Amid the moun-
• I 

. ' i 

1879. OONGJUJSSIONAL RECO~D~HOUSE. 651 

tains, hills, valleys, forests, and fietds about his- country home, he 

meditated much upon natural law. The principles of right and justice implanted in the instincts of our nature and deducible .from 

.observatioB. and experience, he evolved from his own native intuitions 

and reason. He wrought out by original thought what law ought to 

be, without learning much from the decisions of the judges, and thus 

in ninety-nine cases in a hundred he found what was the law in any 

:epecial controversy. He was less technical than the city lawyer, 

skilled by ample praetice and full libraries in the infinitely varied 

phases of social contacts and contracts. He was le s scientific, but more philosophic; his views were less astute probably, but more broad 

.and fundamental; and his generalizations less accurate, because de-

.dnced from a less nun1bt}r of particulars. 

The law he learned wa.s that whose" seat is the bosom of God and 

whose voice is the harmony of the world :" Nee eni1n alia lex Rom a:, .alia At.Jwnis, alia mtnc, alia 1>ostl!ao, sed et omnes gentes, et omni tempm·e, una lex et sempiten1a et intrnutabile continebit. 

It was by this self-discipline, by this evolution of law as a sy~tem of 

real right, of absolute justice, in the poliUcal, social, anU. domestic 

relations of men, from the profound study of human nature and of the 

records of human history, that Patrick Henry was enabled, the country 

lawyer of Hanover, to write upon the :fly-leaf of his Coke upon Littleton 

those resolutions of 1764, proposed in the Virginia house of burgesses, 

which challen.ged George m to remember C ::esar's fate and the bloody ,scaffold of Charles Stuart; to strike the key-note of religions eman- ·Cipation when he pleaded for the people against the parsons, and to forge the thunderbolt of revolution in the proclamation of his sublime .dilemma of "Liberty or Death," to the colonies struggling in the military grasp of British despotism. • . ·1 do not doubt that John Marshall, the most illustrious of the Chief- ,.Justices of the·United States, under the classic shades of his countryseat at Oak Hill, framed the inexorable logic of his argument in the 

..caseof Jonathan Robbins, and constructed those canons of interpretation in that series of marvelous judgments, which laid the foundation .of· his fame as the greatest expounder of our Federal Constitution. 

Time fails me to tell of the judges who were trained in this school ·Of natural law ~or the science of jurisprudence. Pendleto:r;t and 

Wythe, J~fferson and Madison, John Taylor and Roane, and a host 

-of others, are a galaxy of grellt men who were thoughtful jurists, 

though not case lawyers, tanrrht by a profound knowledge of human 

nature and a large and varied experience in human affairs, to rear the 

temple of a sound jurisprudence, upon the deep foundations of natural 

justice and upon the law of God. 

In my own life I have known scores of snch men whose broad and 

comprehensive views of right and wrong, and whose acute and powerful minds thus trained, made them the equals and frequently the 

superiors of oth~r lawyers, learned in cases and trained by the reading .of Jaw books and reports without end. 

Mr. DoUGLAS was such a lawyer. Far less well read in reports 

than many of lll is cotempotaries, hut with an acute and powerful 

mind, analytic in its processes and clear and intuitive in the detection of a fallacy; logical and cogent in reasoning, full of satire, sar• -casm, and humor; overwhelming in invective, with literary taste and ·Culture to add grace and ornament to his argument, he was the peer •Of any b.f his associates at the bar, and ihe superior of most of them 

in hj8 genius as an advocate before the courts and the most intelligent juries of his country. . 

V~ginia, so long a distinguished party rival and yet warm personal 

friend of Mr. DouGLAS, in which he says with generous praise : 

I knew him and felt him in the full flush of his intellectual powers and trans- cendent genius. I have met him at the bar, in the senate and on the hustings and I can truly say, after no small experience, that he was the equal, if not th~ superior in these different arenas of any man I ever heard speak. 

Mr. DOUGLAS was for many years a member of the senate of Virginia. As a debater in that body he was, if not the :first, in the 

very first line. A distinguished statesman of Virginia, and a political opponent then, has often said that he regarded him as able a man as his great namesake of Illinois, (with whom the narrator had 

served in Congress,) and a better speaker . 

If I may venture to criticise Mr. DouGLAs's intellect I would say 

that his powers were rather analytic than synthetic, more able to 

detect and expose error in an adversary than to build up a theory of 

his own, more destructive than constructive in its powers. He labored 

for the truth, which he loved, but he worked with more vigor to 

destroy falsehood, which he detested in the depths of his soill. 

Having thns spoken of the mental power of my friend, it remains 

to speak of his character. That he b,.ad infirmities and faults I do 

not deny. Let him who has no beam in his own, seek to plnck the 

mote out of his brother's eye I . Let charity and the grave hide them 

from our view ; while his virtues bloom in fragrant memory about 

his tomb. 

He was brave and ?enerous-"A Douglas tender and true." "The 

Douglas in his hall' was. hospitable, kiad, and liberal to rich and 

poor. His nature was benevolent and charitable. Quick to resent a wrong, he was placable and easy to forgive if none was intended; 

and, when assured he had wronged another, his magnanimity in re- dressing it was prompt, noble, and conspicuous. Ardent and constant 

in his :ill'ections, he was tenderly devoted as a husband and father; a loyal, liberal, and unselfish friend that did not follow wealth and 

fame, nor leave tile wretch to weep . As a privtte cihzen and neighbor ho was just, kind, and publicspirited. His integrity and honor were beyond question. As a public man he was incorruptible, honest, sincere in his opinions, and 

broad and catholic in his views. 

Can we wonder that his people loved such a man, and trlUited him as their Representative, and clung to him with fond admiration of 

his genius and of the noble qualities of his nature! And will not 

the Representatives of this great Union join with us of Virginia in 

mourning the loss of so much of genius, ability, public honor, and 

private virtue to his family and friends, to his State und to our com- mon country~ · . . 

Death has of late been busy in laying his icy hand upon our com- rades in this Hall. Among them all, I scruple not to say that the 

grave has closed upon no one whose genius and noble characteristics 

merit more richly our sympathy and our honorable sorrow than my 

life-long friend and colleague, BEVERLY DouGLAS. While we pay our tribute to his mental endowments and moral worth, let us reach out 

with the warmest sympathy of our hearts to his bereaved and orphan 

children, whose ouly solace will be found in hnman love and in the 

tender mercies of the God of the fatherless. 

The question bein~ takon on the resolutions submitted by Mr. 

GooDE, they were aaopted unanimously; and then, in accordance 

with the last resolution, (at four o'clock and five minutes p.-m.,) the 

House adjourned. 

]lut there wa.s another arena upon which he attained an excellence ~Ven higher than at the bar. . · PETITIONS, ETC. 

The hustings of Virginia from an early period has been the scene The following petitions, &c., were presented at the Clerk's desk, as well as the school for the highest powers of debate. under the rule, and referred as stated: · The county conrts of Virginia, meeting every month, ha1'e been By Mr. BLAIR: The petition of Angie L. Eastman and 65 other 

the occasions for the assemblin~ of the people. On court-day the ladies, of Oxford, New Hampshire, for 'the enforcement of the law . •representatives of opposing political parties met upon the hustings to against polygamy-to the Committee on the Judiciary. ·discuss public affairs. The people heard both sides, quietly aml By Mr. BREWER: The petition of W. H. ·Moore and 25 others, citi- ,fairly. zeus of Pettysville, ·Michigan, against the exiension of the Birdsell 

The debaters divided time-opened, answered, replied, and rejoined. clover-huller patent-to the Committee on Patents. 

In the olden time the country people listened in dignified silence. Also, the petition of C. Dunning and 29 others, citizens of LivingThe clap-trap of the demagogue was but little heeded. With sound ston County, Michigan, of similar import-to the .same committ-ee . . fieJ;l86 n.nd true eloquence, principles were expounded and facts were ,By Mr. BURCHARD: The petition of Anna Wilson and other .arrayed: which carried the day. All the resources of reason, oratory, women, of Garden Plain, illinois, for legislation that will make 

wit, humor, invective, and satire were called into play; misrepre- effective the anti-polygamy law of 1862-to the Committee on. the .sentation was corrected by the adversary, detraetion was subjected Judiciary. . 

to censure, :tud fallacy in reasoning to exposure. Also, the petition of Mrs. J. T. Foster and other women, of lllinois, 

This institution of our society was a ·discipline to the gladiators of similar import-to the same committee. ~d a school of instruction to the people. It bea-at fairness, candor, Also, the petition of 1\!rs. H . .M. Kuhn and other women, of Albany, .and sound reasoning in the debaters, and furnished the people with illinois, of similar import-to the same committee. 

the materials of a just decision upon the great questions of the day. By Mr. CALDWELL, of Kentucky: The petition of J. H. Ewing 

I may be excused for saying that one of the most ~pemorable debates and others, citizens of Kentucky, for legislation forbidding the adulwhich authentic tradition has given us occurred npon the hustings teration of sweets-to the Committee of Ways and Means. 

at March court, 1799, of Charlotte County. The greatest orator of Also, the petition of Dr. N. P. Allen and others, citizens of Ken- .America made his last, ·and his successor to the confidence of his people tncky, of similar import-to the same committee. 

made his first speech; and thus as the sun of Henry sank below the By Mr. CANDLER: The petition of Campbell Wallace,AlfredAnshorizon in its evening splondor, that of his youthful friend rose into tell, R. C. Robson, and others, citizens of Atlanta, Georgia, for the 

'the firmament in its morning glory. enaetment of a law conferrinrr authority upon the United States 

On the hustings Mr. DouGLAS had no superior, and few if any Court of Claims •r some other impartial tribunal to hear and deter- .eqnals. He met foemen worthy of his steel, and I have in my posses- ~ mine the rights of claimants to their respective interest in the fund 

-sion a letter from one of the present judges of the court of appeals of cre~ted by the sale of property taken dlJ.l"ing the late war by United 
652 CONGRESSIONAL RECORD-SENATE. J.ANU.A.RY 23,. 

State authorities from citizens of the South, under the denomination 

of captured or abandoned property-to the Committee on War Claims. 

By Mr. CARLISLE: The petition of W. W. Hanes, for an extension of patent No. 36295, for improved percussion projectiles-to the 

Sommittee on Patents. 

By 1\lr. DEERING: The petition of citizens of \Vorth County, Iowa, 

for the amendment of the patent laws-to the same committee. 

By Mr. DWIGHT: The petition of ?!irs. M:¢e K. A. Beuchley, for 

the removal of her political disabilities-to the Committee on the 

Judiciary. · · By Mr. FENN: Papers relating to the public buildings in the Territory of Idaho-to the Committee on Public Buildings and Grounds. 

By Mr. FORT: The petition of Mary E. Marsh and others, for the 

enforcement of the law against polygamy-to the Committee on the 

Judiciary. • By Mr. HARl\:IER: The petitio~ of Elizabet~ 1\'IqFa::rland, for an increase of pensiOn-to the Comm1ttee on In"'"alid Pens10ns. 

By lli .. HUBBELL: 'l;'he petition of 1\!rs. James Ross,. M~s. E. R. 

Stiles, and 120 other ladies, of Hancock and Hon~hton, Mich1g~n, for 

legislation to make effective the anti-polygamy law of 1862-to the 

Committee on the Judiciary. 

By Mr. JOYCE: The petition of Loren H. Baker, for restoration to 

the pension-roll-to the Committee on Invalid Pensions. 

By 1\Ir. KEIGHTLEY: The petition of Cornelia U. Parrey and 189 others, of Three Oaks, Michigan, for legis~ation to make e!f~ctive the anti-polygamy law of 1862-to the Committee on the Judic:tary. 

By l!lr. KELLEY : ~he petition o! Willi~m H. Richardson, for a pension-to the Committee on Invalid Pens10ns. 

By ::\Ir. LINDSEY: Th~ petition of. Eli~abeth F. Cha.fl:ee an.d other 

women, of Winslow, Mame, for legislati!>n to make eff~c~1ve the 

anti-polygamy law of 1862-to the Committee on the Judiciary. 

By :\lr. McKINLEY : ?-'he petition of.~~. V. B. ~~ and 20 oth~rs, 

citizens of Canfield, Ohio, for a commlssion of mqmry concernmg 

the alcoholic liquor traffic-to the same committee. 

By .Mr.l\IcMAHqN: The petiti!>n of ~illiam L. Johnson, for a pension-to the Committee on Invalid PensiOns. · By Mr .. PRICE : The petition of the Women's Christian Temper- ance Union, Rev. B. F. W. Crozier, and :30 others, for a commission 

of inquiry coneerning the alcoholic liquor traffic-to the Committee on the Judiciary. 

By Mr. ST~T :. The petition of Mru;y J. Ward ~d others, of Minnesota for legiSlatiOn to make effective the anti-polygamy law of 

1e62-to the same committee. 

By Mr. WARNER: The petition of .JnliaM. Benedict and 14 others, of similar import-to the same committee. 

IN SEN ATE. 

THURSDAY, Janttary 23, 1879. 

Prayer by the Chaplain, Rev. BYRON S~ER.LA..c'W, D. D. 

The Journal of yesterday's proceedings was read and approved. 

HOUSE BII,LS REFERRED. 

The following bills from the Honse of Representatives were sev- erally read twice by their titles, and referred as indicated below : · The bill (H. R. No. 6141) making appropriations to enable the Secretary of he Treasury to carry out the provisions of section 254 of 

the Revised Statutes and to appropriate $40,000 for the miscellaneous 

expenses of the House of Representatives-to the Committee on Appropriations. 

The bill (H. R. No. 6137) authorizing theRecretary of the Treasury 

to issue bonds to Albert V. Conway, substituted trustee for certain 

registered United States bonds redeemed or assigned by the Government upon forged assignments-to the Committee on Finance. 

The bill (H. R. No. 5655) to amenfl an act entitled" An act making 

appropriations for tiundry civil expenses of the Government for the 

ftscal year ending June :~0, 1879, and for other purposes," approved 

June 20, 1878-to the Committee on Printing. 

The bill (H. R. No. 6130) for the relief of Elizabeth B. Higgins, Joel 

Higgins, and Brand Riggin~, of Phillips County, Arkansas-to the 

Committee on Claims. 

POWELL'S REPORT 0~ AlUD REGION OF UNITED STATES. 

The VICE-PRESIDENT laid before the Senate the folloWing con- current resolution of the House of Representatives; which was read 

and referred to the Committee on Printing: 

Resolved by the H ouse of .Representatives, (the Senate ooncurring,) That there be 

printed 5,006 copies of the report on the lands of the arid region of the United 

States by J. W. Powell ; 1,000 for the use of the Senate, 2,000 for the nse of the 

House' of Representatives, antl 2,000 for the use of the Department-of the Interior. 

D.'Dl.A.J."i APPROPRIATION BILL. 

The Senate proceeded to consider its amendments to the bill (H. 

R. No. 5534) makin~ appropriations for the c~nt and contingent 

eJq)enses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1880, 

and for other purposes, disagreed tlo by the House of RepresentatWes. 

On motion of 1\Ir. WINDOM, it was 

Resolved, That the Senate insist upon its.amendmentsdisa!!reed to by the House 

of Representatives and ask a conference with the House on the disagreeing votes> of the two Houses thereon. 

By nnanimous consent , it was 

Ordired, That the conferees on the part of the Senate be appointed by the Vic President. 

The VICE-PRESIDENT appointed 11Ir. WL.'IDQ:\!7 Mr. ALLISON, nnd 

Mr. WITHERS as the conferees on the part of the Senate. 

Xlj:CUTIVE CO:\DromCATIONS. 

The VICE-PRESIDENT laid before the Senate a communication 

from the Secretary of War, transmitting a letter from the Chief of 

Engineers and a report of l\Ia:jor Godfrey Weitzel, Corps of £ggi- neers, relative to the transfer by the State of Michigan to the United. States of the Saint Mary's Falls Canal; which was referred to th 

Committee on Commerce, and ordered to be printed. · He also l;tid before the Senate a communication from the Secretary 

of War, transmitting, in compliance with the river and harbor act of 

J nne 18, 1878, a report from Major W. P. Crai~hill, Corps of Engineers_,.. on the survey of New River, Virginia; which was referred to too 

Committee on Commerce, and ordered to be printed. 

He also laid before the Senate a communication from the Secretary 

of War, transmitting, in compliance with the river and harbor act ox J nne 18, 1878, reports from Captain W. H. H. Benya.rd, Corps of Engi- neers, on examinations of the Big Sunflower, Coldwater, and Ta.llahatchieRivers, Mississippi, the Upper Red River, Louisiana and Texas,. and of the Little River and Fourche la Feve River, Arkansas; which · was referred to the Committee on Commerce, and ordered to be printed. 

He also laid before the Senate a communication from the Secretaryof War, transmitting, in compliance with section 229 of the Revised. 

Statutes, statements showing the contracts made by the bureaus of 

the 'V ar Department on behalf of the United States during the year1878; which was referred to the Committee on 11-Iilitary Affairs, and 

ordered to be printed. 

PETITIONS AND 1\lE:\IORI.ALS. 

Mr. MATTHEWS presented the petition of Mrs. Mary H. '.rhistle,.. widow of the late Captain Hezekiah L. Thistle, a soldier in the war of 1812, praying for n. pension; which was referred to the Committee on Pensions. 

He also presented the petition of l\lrs. Harriet Ross, widow of· Thomas R. Ross, praying for a pension on a-ccount of "services ren- dered by her late husband during the war of 1812; which was referred 

to the Committee on Pensions. 

:Mr. MITCHELL. I present a joint memorial passed by the Legislative Assembly of the State of Oregon, at the tenth regular session, 

187A, in which they represent that the Umatilla Indian reservation is. one of the most valuable and fertile portions of the State of Oregon ;-

that it contains about five hundred thousand acres, and is now occu- pied by only about four hundred Indians ; that if it were thrown open 

to settlement by the whites, it could sustain a population a hundred-- fold areater than it now does; that the Indians residing on it have 

lately been acting in a hostile manner toward the whites, and that 

they are de.teriorating by contact with the large white populatio!l bywhich they are now surrounded. Twenty years nearly have expired,. during which, by the terms of the treaty made with them, they are to draw annuities from the Government, and the memorialists affirm· that the best interests of humanity and civilization demand that the. 

Indians should now be removed to some more secluded portion of thecountry; wherefore they most respectfully pray that measures IDa)' 

be taken to extinguish the title to the lands. which the Indians now· occupy, and to remove them to a suitable place in some Indian Territory. I move the reference of the memorial to the Committee on Indian Affairs. 

The motion was agreed to. 

l\Ir.l\IITCHELL presented the petition of the mayor and colll.DlOD' 

council of the city of Seattle, Washington Territory, praying for an. 

appropriation for the construction of a steamer for the revenue marine.' 

service for service in the Alaska waters, and for the passa.ge of a law 

providing a civil government for the Territory of Alaska; which was·. referred to the Committee on Commerce. 

He also presented the petition of Robert C. Corbaley and others 

citizens of Oregon, praying for an appropriation for the iJ:nprovement 

of the entrance to Coos Bay: and harbor; which was referred to the 

Committee on Commerce. 

Mr. MAXEY presented the petition of Peter Eldridge, a.soldier and · pensioner of the war of 1812, praying for an increase of pension.; which was referred t.o the Committee on Pensions. . Mr. WITHERS presented the petition of Mrs. Jane Dulany, widow 

of the late Colonel William Dulany, of the United States Marine Corps,.. praying for an increase of pension; which was referred to the Com- - mittee on Pensions. 

WATER SUPPLY OF WAS~GTON. 

l\Ir. DORSEY. I presen"t a communication from Colonel Casey,. of'· the Engineer Corps, in relation to the Washington Aqueduct, which 

I shall be glad to have read and printed. The VICE-PRESIDENT. It will be read at length.