270 CONGR.ESSIONAL RECOR.D-HOUSE. DECEMBER 18, 

pay o>er the money received by him when reqnired to do so; and the question is 

whether be shall be exonerated from the condition of his bond on the gronnd that 

the money bad been stolen from him. . . The obJection to this defense is that it is not within the conditi~m of th~ bond; 

and this would seem to be conclusive. The contract was entered mto on his part, 

and there is no allegation of failure on the part of the Government .. Ho":', th~n, 

can Prescott be discharged from his bo~d 1 He kn~w the ~xten~ of ~s obligation when be entered into it, and he has realized the frw!-S o.f _this obligatiOn ~y tho en- joyment of the office. Shall he be discharged from hability contrary to his own ex- press undertaking 1 . There is no principle on .which au?h a defense ~n be sus- tained. The obligation to keep safely t~e public money 1s abso!ntehmthout _any condition, express or implied; and nothing but the payment of 1t w en reqmred can discharge the bond. 

Th!3 case of ]foster et al., vs. The Essex Bank, 17 Mtassac:huse~s _Reports, ~79, was a mere naked bailment, and of course does not. apply m prmCl_ple to this. case. The deposit in that case was for the accommodation of the depositor, and Without 

any rulv:mtage o the bank, as the 'com1s say, "which can ~nd ~o .increase its ~ia­ bihty. No control whatever of the chest, or of the gold contained m 1t, wasleftw1th 

the bank or its officers. It would have been a br~h of trust to have opened the 

chest, or to in8pect its contents." . . Public policy requires that eYery depositary of the pnb!Ic money should be held to a strict accountability. Not only that he should exerclSe the htghesti ~agree of 

vigilance, hut that "he should keep safely " the moneys which ~omo ~his hamls. 

Any relaxation of this condition would open a door to il-auds, whiCh might be pra?· 

tice{l with impi:mity. .A. clepositary woultl ~avo1_1othing I_UOre to do than to_ lay his 

plans and arrange niR proofs, SO as to estabhsh his loss, Wlthout laches On hiS part. Let such a principle be applied toonr postmasters, collectors of custo?JS, rece1Ters 

of public moneys, and others who receive more o_r less of the p~bl~c funds, and 

what losses might not be anticipated by the pub~Ic.. No such prm~1ple has been 

reco!!Ilized or admitted as a le.,.al defense. And It 1s bello-red the 1nstances are few "if indeed any can be fou:8d, where any relief baa been given in such cases by 

the interposition of Congress. . • . . . .A.s e,·e1-y depositary receives the office with a full knowledge of 1ts res~nsibihties ho cannot in case of loss complain of hardship. He must stand by his bond 

and' meet the b'azards which ho voluntarily incurs. " . The qneRtion ce;rtified to us is answered, that the ,defendan~ Prescott and h1s 

sureties are not discharged from the bond by a. felomous stealin~ of the money, withont any fault or negligence on the part of the depositary, ana, consequently, 

that no such clefense to the bond can be made. 

The principles and policy of this decision have been emphatically 

reiterated in the late cases of the United States vs. Morgan, 17 Howard 161; The United States vs. Dashiel, 4 Walla.ce, 182; and the 

United States t·s. Keibler, 9 'Vallace, 86. 

The case I have quoted is argued by Mr. Justice McLean, and to 

that argument no answer can be made. ~tis usele~ to multiply w~rd.s; 

but in order to illustrate the force of his reasonmg and suggestwns, 

I will, by permission of the Senate, recite a case which occurred 

in the State of Mississippi while I had the honor to be governor of 

that State. A sheriff wa.'i in default to the State for a sum amounting to about 4,000. He went to the Legislature, ba.cked by his secu- rities, protesting that his offic~ had been entered and he !obbed ~f the 

public funds of the State. His stury was, that late at mght, while at 

the court-house, where he kept his safe, his safe-door beiug open and 

be enrracred in counting his funds and preparing his papers for settlement ~fth the auditor of public accounts, suddenly a half-dozen men with drawn pistols rushed upon him, knocked hi.m down, gagged a!ld 

bound him hand and foot, and he was told that If he made any ~01se 

his life would pay the forfeit. The funds were taken; the th1eves 

escapecl. After a _time, suffering great torture o~ acco~t of.th~ gag 

that was in his mouth and the strong manner m whwh biB limbs were bound, be commenced his cries, suppressed as they were by the 

gag. Relief came to him; be was unbound, contusions. were ~ound 

upon his head. These were the blows that bad been given him by 

the robbers. Witnes&es testified as to the condition in which he was found. His story was believed. The Legislatme of-the State without hesitation paBsed a bill for his relief. . When considering the bill, I called the sheriff before me and after 

cross-examining him for some time my suspicions were aroused that 

the case was one put up by h!m. The princip.le itself was WTong and 

I should have vetoed the bill anyhow upon th1s ground, but I was the more ready to do so after I discovered what I supposed to be some bad(Tes of fraud. I vetoed the bilL It went back to tlie Legislat.ure, 

but the sympathy for the sheriff was so great that the Legisla~ure so~m passed the bill over my Teto, aud the sum ~a.s -passed ~ his credit. 

About six months subsequently some detectives m workmg up a case of a violation of law in the county in which this sheriff resided came upon a clew which led to a discovery that the sheriff in the case I 

have recited had committed a fraud upon the State. 

The charge was made, prosecution was about to be entered, b"'?t the 

sheriff :fl.ecl. It was unmistakably a case of successful consprracy. 

This shows how easy it is, aud how great the inducement is for office.rs 

who hava in their hands large sums of public . money, to engage m conspiracies of this kind in order to rob the Government. 

The Senate is now about to apply the principle in the face of the 

decision of the Supreme Court to a postmaster. Let this principle be 

carried out Mr. President, and in ten years' time I venture to say that 

the public ~fficials of this Government will represent half their number in public robbers. Not less, I judge, than one million dollars have 

been voted out of the public Treasury under this character of legis- lation within the last fi>e years. I have sat by and witnessed it, and 

occasionally have entered my protest. I now repeat that protest 

althourrh satisfied tills bill is to pass, and would impress upon t~ Senate th~ necessity of reform in our legislation upon subjects of this 

nature so fre(]uently coming before Congress for relief. 

The PRESIDING OFFICER,(Mr. WRIGHTin the chair.) Tbeques- . tion is on the passage of the bill. 

The bill was passed. 

CATHERL~E THRUSH Al-.TJ> WILLIAM n. STONE. 

Mr. WHYTE. I ask unanimous consent to take up House billN o.1S2. 

There being no objection, the bill (H. R. No. 732) for the relief of 

Catherine Thrush and William B. Stone, owners of the schooner 

Flight, wa~ considered as in Committee of the Whole. 

The Committee on Naval Affairs reported an amendment to the bill, 

striking out all after the enacting clause and inserting: 

That the clainl of the legal owner or owners of tho schooner Flight, her cargo, 

freight, and personal effects, alleged t() have been sunk by colli8ion with the 

United States steamer Tallapoosa, October 8, 1873, be referred to the Court of 

Clainls to bear and determine the same to judgment, with right of appeal n.s in 

other cMes: Provided, That no so it shall be brought under the pro"\'isions of this act aft-er six months from the date of the passage thereof. 

The amendment wa~ agreed to. 

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

It was ordered that the amendment be engrossed and the bill to 

be read a third time. The bill was read the third time, and passed. 

The title was amended so as to read: "An ad referring the claim of 

the owners of the schooner Flight to the Court of Claims." 

WILLIAM H. WARD. 

Mr. JOHNSTON. At the request of the Senator from New Ramp· 

shire, [Mr. 'V ADLEIGH, J chairman of the Committee on Pa;tents,. I ask 

unanilnous consent of the Senate to proceed to the considemtwn of 

the bill (S. No. 419) for the relief of William H. Ward. 

Mr. BOGY. If this requires unanimous consent, I object . The PRESIDING OFFICER. It does not require. unanimous con- sent. The Chair understood the Senator from Virginia to moye to 

proceed to the consideration of the bill. 

Mr. JOHNSTON. Yes, sir. 

The PRESIDING OFFICER. The que~tion is on' that motion: 

Mr. CONKLING. May I inquire from what committee the bill 

comesT 

Mr. JOHNSTON. The Committee on Patents. 

Mr. CONKLING. A Senator near me inquires whether it is the 

unanimous report of that committee. I should like to know. 

Mr. JOHNSTON. I have the report here. 

Mr. CONKLING. Is it the unanimous report to the committeef 

Mr. JOHNSTON. I believe so. I know nothing to the contrary. 

There is a report in print and it can be read. It was made by the 

chairman of the committee, and I make the motion at his request. 

Mr. CONKLING. I do not fool at liberty to object to the bill. My 

impression is that the Senate bas always b~en very guarded ab~ut 

allowing any court to cast the Government m damages or royalt1es 

for the use of inventions or apparatus covered by letters patent; and 

in that view the title of tills bill when I came to hear it struck me. I will not interpose, having no knowled!!e of this subject, to prevent 

the consideration of the bill. If it be taken up, however, I shall ask 

that we may hear the report read or the special circumstances stated 

which except this case from the general rule. 

Mr. JOHNSTON. I shall ask that the report be read. 

The PRESibiNG OFFICER. The question is on the motion to take 

up the bill :for consideration. . The question being put, there were on a division-ayes 14, noes 7; . no quorum voting. 

Mr. CONKLING. A motion to adjourn is in order, I believe. 

The PRESIDING OFFICER. It is. "?!Ir. CONKLING. I submit that motion. 

The PRESIDING OFFICER. The Se11ator from New York moves that the Senate do now adjourn. 

The motion was agreed to; and (at three o'clock and twenty-five 

minutes p.m.) the Senate adjourned. 

··. . HOUSE OF REPRESENTATIVES. 

MoNDAY, Decmnber 18, 1876. 

The House met at twelve m. Prayer by the Chaplain, Rev. I. L. 

TOWNSEND. 

The Journal of Saturday last was reacl and approved. 

ORDER OF BUS~ESS. 

The SPEAKER. The morning hour commences at nine minutes 

past twelve o'clock, ancl this being .Monday, the first business in order 

is the call of States and Territories, beginning with the State of Main~, 

for the introduction of bills and joint resolutions for refe_rence to thetr 

appropriate committees, not t~ be brought ba?k on motiOns to reco~­

sider. Under this call memonals and resolutions of State and terntorial Legislatures may be presented for reference and printing. 

Tll\IBER ni COLORADO. 

Mr. HALE introduced a bill (H. R. No. 4209) to authorize citizens of 

the State of Colorado to fell and remove timber on the public domain 

for building, agricultura~, mining, and domestic purposes; which was read a first and second t1me. 

Mr. HALE. I ask that the bill may be read. 

The bill was read at length; and was referred to the Committee on Public Lands, and ordered to be printed. 

. 

A 
., 

1876. CONGRESSIONAL RECORD-HOUSE. 271 

JOSEPH BROWN. MRS. HELEN B. FOSTER. 

Mr. FL YE introduced a bill (H. R. No. 4210) for the relief of Joseph 1\fr. HARTZELL introduced a bill (H. R. No. 4223) grantj.ng a penBrown, postmaster of Newcastle, Maine; which was read a first and sion to Mrs. Helen B. Foster, widow of Edwin R. Foster, deceased, 

second time. late first lieutenant of Company G, in the Ei~htieth Regiment llliMr. FLYE. I ask that the bill may be read. nois Infantry Volunteers; which wa.s read a first and second time, 

The bill was read at length; and wa~ referred to the Committee on referred to the Committee on Invalid Pensions, and ordered to be 

the Post-Office and Post-Roads, and ordered to be printed. printed. 

EDUCATIO~ OF THE BLil'\'D. CLAIM OF EDWIN R. FOSTER, DECEASED. 

Mr. HOSKINS introduced a bill (H. R. No. 4211) to promote the 1\fr. HARTZELL also introduced a bill (H.R. N·o. 4224) for thereeducation of the blind; which was read a first and second time. lief of Mrs. Helen B. Foster, widow of Lieutenant Edwin R. FosMr. HALE. Let the bill be read. ter, deceased, late first lieutenant of Company G, in the Eightieth 

The bill was read at length; and was referred to the Committee on Regiment Illinois Infantry Volunteers; which was read a first and 

Education and Labor, and ordered to be printed. second time, referred to the Committee on War Claims, and ordered 

to be printed. NEGOTIATION OF BILLS OF LADING, ETC. PETER W. T.A YLOR. 

·Mr. HEWI'l'T, of New York, introduced a bill (H. R. No. 4212) to Mr. CANNON, of illinois, introduced a bill (H. R. No. 4225) for the 

lacilitate the negotiation of bills of lading and other commercial in- relief of Peter W. Taylor, late lieutenant-colonel Fortieth Regiment 

struments, and to punish fraud therein; which was read a first and Ohio Volunteer Infantry; which wa.s read a first and second time, 

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

be printed. printed. 

GEORGE P.ARSO:NS. EXPATRIATION. 

Mr. JOHN REILLY introduced a bill (H. R. No. 4213) granting a Mr. KEHR introduced a bill (H. R. No. 4226) concerning expatriapension to George Parsons, late a private in Company E, Forty-ninth tion and c~ange of allegiance; which was read a first .and second 

Regiment Pennsylvania Volunteers; which was read a first and sec- time, refeued to"the Committee on ForeignAffairs, and ordered toLe 

on<l tiwe, referred to tho Committee on Invalid Pensions, and ordered printed. 

to be printed. FRANKlNG PRIVILEGE. SAMUEL S. SMOOT. 

:1\Ir. SLEMONS introduced a bill (H. R. No. 4227) to establish the 

Mr. O'BRIEN introduced a bill (H. R. No. 4214) for the relief of franking privilege; which wa.s read a first and second time, referred 

Samuel S. Smoot, of the District of Columbia; which wa-s read a first to the Committee on the Post-Office and Post-Roads, and ordered to 

and second time, referred to the Committee on War Claims, and or- be printed. 

tiered to be printed. BIRD SMITH. 

CLAIMS OF OFFICERS OF REYOLUTIO~ARY ARMY. :Mr. SLEMONS also introduced a bill (H. R. No. 4228) for the relief 

"Mr. DOUGLAS introduced a bill (H. R. No. 4217) to provide for of Bird Smith, of Columbia County, Arkansas; which was read a first 

the settlement of the unpaid claims of those officers of the line of and second time, referred tothe Committee-of Claims, and ordered to 

the revolutionary army who served till the close of the war of Imle- be printed. 

pendence and are returned on the books of the Treasury; which was HARRIET s. BAKER. 

read a first and second time, referred to the Committee of the Whole Mr. wALDRON introduce(l a bill (H. R. No. 4229) granting a penon the state of the Union, and ordered to be printell. sion ·to Harriet s. Baker, of Lena wee County, Michigan; which was 

INTERNAL-REVENUE LAws. read a first and second time, referred to the Committee on Invalid 

Mr. VANCE, of North Carolina, presented resolutions of the Gen- Pensions, and ordered to be printed. 

eral Assembly of the State of North Carolina concerning tho internal- JOHN EGGEMAN. 

revenue laws; which were re~erre(l to the Committee of Ways and Mr. A. S. WILLIAMS introduced a bill (H. R. No. 4230) for thereMeans, and ordered to be printed. _ lief of John Eggeman; which was read a first and second time, re- He also presented resolutions of the General Assembly of North ferred to the Committee on Military Affairs, and ordered to be printed. Carolina concerning the internal-revenue laws; which were referred 

to the Committee of Ways and Means, and ordered to be printed. 1\IEXICAL"'i VETERANS' MEDAL BADGE. 

MRS. EDITH F. ROSS. Mr. A. S. WILLIAMS also introduced a joint resolution (H. R. No. 

Mr. HOOKER introduced a bill (H. R. No. 42l5) for the relief of 173) granting permission to the officers and enlisted men of the Army fir d · f d and Navy to wear the medal badge of the National Association of Mrs. Edith F. Rossi which was read a stand secon tlme, re erre Veterans of the Mexican war on occasions of ceremony; which was to the Committee on Expenditures in the Post-Office Department, and read a. :first and second time, referred to the Committee on Military 

ordered to be printed. Affairs, and ordered to be printed. 

REPRESENTATIVES OF JA...'fll:S F. JOH:NSON. GEORGE .A. LAMB. 

Mr. MO}I""EY introduced a bill (H. R. No. 4216) for the relief of the lli. SCHLEICHER (by request) introduced a bill (H. R. No. 4231) 

administrators or legal representatives of James F. Johnson, deceased, to authorize and direct the Secretary of War to refer the claim of 

of Montgomery County, .Mississippi ; which was read a first and sec- George A. Lamb to the Court of Claims for settlement; wh~ch was ond time, referred to the Committee on the Post-Office and Post- read a first and second time, referred to the Committee on War 

Roads, and ordered to be printed. . Claims, and ordered to be printed. 

COU.NTL.'W THE ELECTORAL VOTE. RE-ORG.il.TJZATION OF THE N.A VY. 

Mr. KNOTT introduced a bill (H. R. No. 4218) prescribing the ~ ~ S · d b 

method of counting the electoral vote for President and Vice-Presi- :lr. HLL mtro need a ill (H. R. No. 4232) to reduce, re~organize, 

dent of the United States, and determining and declaring the result; and render more efficient the Navy of the United States; which was which was read a first and second time. read a first and second time, referred to the Committee on Naval AfMr. SAMPSON. I call for the reading of the bill. airs, and ordered to be printed. 

The bill was read at length j and wa.a referred to the select com- P~ACTICE OF MEDICINE L."'i THE DISTRICT OF COLUMBIA. 

mittee of seven on the mode of counting the electoral vote, and or- Mr. McCRARY introduced a bill (H. R. No. 4233) to regulate the 

dered to be printed. practice of medicine and surgery in the District of Columbia; which 

CAPTAIN R. F. BER.."'ARD. was read a first and second time, referred to the Committee for the 

Mr. McFARLAND introduced a bill (H. R. No. 4219) for the relief District of Columbia, ancl ordered to be printed. 

of Captain R. F. Bernard, of First RegimenY. Cavalry, formerly second GENERAL LAND OFFICE TESTniO:NY. 

lieutenant of cavalry; which was read a first and second time, referred Mr. WILSONJ of Iowa, introduced a bill (H. R. No. 4234) to provide 

to the Committee on Military Affairs, and ordered to be printed. for the taking of testimony to be used in the General Land Office; 

IMPROVEMENT o:F TENNESSEE RIVER. • which was read a first and second time, referred to the Committee on 

Mr. DIBRELL introduced a bill (H. ~. No. 4220) to improve the Public Lands, and ordered to be printed. 

Tennessee River; which was read a first and second time, referred to 1t!A.TIHEW BERRY. 

the Com!Dittee on Commerce, and ordered to be printed. Mr. LUTTRELL (by request) introduced a bill (H. R. No.4235) 

AME~"'DMENT OF L~RSAL-REVENUE LAws. granting a pension to Matthew Berry, late a captain in the United 

Mr. DIBRELL also introduced a bill (H. R. No. 42'21) to amend the States Army; which waa read a first and second time. referred to the 

internal-revenue laws; which was read a first and second time, re- Committee on Invalid Pensions, and ordered to be printed. 

ferred to the Committee on Ways and Means, and ordered to be printed. OFFICIAL SHORT-HAND REPORTER FOR .A UNITED STATES COURT. 

CAPT.AI:N ROBERT W. SILL. Mr. PAGE (by request) introduced a bill (H. R. No. 4236) to provide 

Mr. HAYMOND introduced a bill (H. R. No. 4222) for the relief of for the appointment of an official short-hand reporter for the United 

Captain Robert 1V. Sill, of the Forty-sixth Regiment of Indiana Vol- States courts in and for the District of California; which wa.s read a unteers; which was read a first and second time, referred to the Com- first and second time, referred to the Committee on the Judiciary, and 

mit teo on Military Affairs, and ordered to be print-ed. ordered to be printed. 

. 
272 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 18, 

SURVEY OF THE SOUTHERN BRANCH OF THE POTOMAC RIVER, 

Mr. FAULKNER introduced a bill (H. R. No. 4237) to authorize an examination and survey of the Southern Branch of thePotoma<C River, 

in West Virginia; which was read a :first and second time, referred to 

the Committee on Commerce, and ordered to be printed. 

EFFICIENCY IN THE 1\.fA.RINE HOSPITAL SERVICE. 

Mr. HEREFORD introduced a bill (H. R. No 4238) to promote efficiency in the marine hospital se~vice; which was read a first and 

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

be printed. 

HENRY MEHRING. 

Mr. KIDDER introduced a bill (H. R. No. 4239) for the relief of Henry 

Mehring; which was 1·ea.d a first anrl second time, referred to the Committee on Military Affairs, and ordered to be printed. 

HOSPITAL STEWARDS IN THE UNITED STATES .ARMY. 

Mr. KIDDER also introduced a bill (H. R. No. 4240) to provide for 

the better compensation and to fix the lank and define the duties and 

reaponsibilities of hospital stewards of the United States Army; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

ORDER OF BUSINESS. 

The SPEAKER. The call of States and Territories having now been 

completed, the Chair will receive bills for reference from gentlemen 

who happened to be absent from the Honse when their States were . called. HE~RY C. P .ARRY. 

M:r. JAMES B. REILLY introduced a bill (H. R. No. 4241) for the 

relief of He{lry C. Parry, late an assistant surgeon in the United States 

Army; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

A. BURWELL. 

:Mr. SINGLETON introduced a bill (H. R. No. 4242) for the relief of 

A. Burwell; which was read a first and second time, referred to the 

Committee on the Judiciary, and ordered to be printed. 

LOCUST PLAGUE. 

Mr. HATCHER introduced a bill (H. R. No. 4243) making appropriation for a commission to investigate and report on the best means of destroyin~ or providing a remedy against the plague of locusts; which was read a nrst and second time, referred to the Committee on Appropriations, and ordered to be printed. 

HEIRS OF WILLIAM ADAM:S. 

Mr. WHITE introduced a bill (H. R. No. 4244) for the relief of the 

heirs of William Adams, late a private in Company I, Eleventh Kentucky Cavalry VolunteerS; whic.P wa~ read a first and second time, re- ferred to the Committee qn Military Affairs, and ordered to be printed. 

SUITS AGAINST .MEMBERS OF CONGRESS. 

Mr. HARRIS, of Massachusett-s, (by request,) introduced a bill (H. R. 

No. 4245) in relation to civil suits against members of Congress of the 

United States in the courts· of the District of Columbia; which was read a first and second time, referred totheCommitteeon the Judiciary, and. ordered to be printed. · 

I do not think we ought to cumber the record with a repetition of the same thing. 

Mr. THROCKMORTON. One word in reply to the gentleman from 

Ohio, [Mr. GARFIE.LD.] I was advised that the information here asked 

for was furnished to the Committee on Appropriations. I have had 

occasion to examine the subject, and I find that that information is 

not as full as it ought to be. 

Mr. GARFIELD. If there is any imperfection or tleficiency in the 

inform11tion furnished, then it occurs to me that we bad better have a. resolution to insure the completion of it rather than a repetition of 

the whole thing. If I remember aright it is a very voluminous package and would reqmre the services of many clerks and for a long time 

to prepare a copy of it. I think it would be better to impower· the 

Committee on Post-Offices and Post-Roa.O.s, for instance, to have the 

information completed. 

Mr. THROCKMORTON. I have no objection to tha.t suggestion, 

and will modify the resolution accordingly. 

The resolution, as mo(lified, waa then adopted. 

Mr. THROCKMORTON moved to reconsider t.he vote by which the 

resolution was adopted; and also moved that the motion to reconsider 

be laid on the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

The SPEAKER. Resolutions are now in order from the State of 

Maine. 

PROTECTION OF VOTERS. 

Mr. HALE submitted .the following resolution; ~hich was read: 

Be it resolved by the House of !WPresentatives, That it is the first duty of all or- ganized governments to J.lrotect their citizens both at home and abroad, and that, as one of the highest privileges of a. citizen of a. republic is the right to cast his 

ballot freely, the Government of the Unitod States should guarantee to each quali- fied voter the full and free exercise of his constitntiona,I right to this great privilege ; and that this protection should be especially afforded in those States of this 

Union where any portion of the legal vot6rs have been prevented by intimidation 

and violence from freely casting their ballots. 

Mr. HALE. Mr. Speaker--

Mr. WOOD, of New York. I rise to debate this resolution. 

.Mr. HALE. I was myself on the :ftoor for that purpose. I supposed the gentleman rose to make a point of order, and I was willing 

to listen to him. 

The SPEAKER. That is a point of order. 

Mr. SPRINGER. I object to debate, and therefore the resolution 

goes over. .Mr. HALE. I was on the :ftoor for the purpose of debating the res- olution. . The SPEAKER. Then under the rule the resolution will lie over for one day. · Mr. HALE. I holding the :ftoor T 

The SPEAKER. Certainly. 

CONGRESSIONAL ELECTIONS . IN MISSISSIPPI AND ALABAMA . 

Mr. FRYE submitted the following resolution, upon which he called 

the previous question: 

Resolved, That a. committee of six members of this House be appointed to inquire 

into and report upon the manner in wllich the election was conducted for members 

of Congress in November last in the sqth district of the State of Mississippi and in • the fourth district of the State of Alabama, and whether in said congressional districts there was any intimidation of candidates or voters <luring the canvass or on the election day, or any fraud or intimidation in respect to registration or votinJ!,'t ORDER OF BUSIXESS. or the returns thereof, in said election, or in any w~y affecting tile result of sain 

The SPEAKER. The call of States and Territories for bills on election; and that said committee may employ a stenographer and be attended by a 

I h · b 1 t d th Ch · ill d t ll th deputy sergeant-at-arms, and shall have power to send for persons and papers. eave avmg een comp e e , e. air w now procee o ca e . . . . States and Territories for resolutions. Mr. HOOKER. ls that resolutiOn debatable now f 'Vill obJection 

CLAIMS OF SOUTHERN-l\fAIL CONTRACTORS . carry it over until to-morrow for consider_ation T . . . . · . The SPEAKER. Does the gentleman rise to debate 1t Y 

. Mr. WILS9N, of low~. I submit that there lS so!lle bus~ess pend- Mr. FRYE. I have called for the previous question upon it. 

mg under ~his call commg o~~r ~om t~e last sessiOn whiCh has not Mr. GARFIELD. If the call for the previous question shall not be 

yet been disposed of and w_hiCh Is now m ?rder.. . . sustained, then if a member rises to de bate it it will go over; but if 

The SPEAKER. There 1s no rule on this subJect, but the ChaiT IS the previous question shall be sustained then the resolution must be · of the opi~ion that the equity of the case requires that that business voted upon now. ' 

shall be disposed of. . . Mr. HALE. Is it not the right of the mover of a resolution to en- Mr. WIL~ON, of Iowa. It should be resumed, as It belongs to this deavor to bring the House to action upon it now f 

class of bus mess. The SPEAKER. The Chair haa not carefully considered this point. The SPEAKER. The resolution to which the gentleman refers Rule 130 reads: came in by unanimous consent and not under the call. 

Mr. WILSON, of Iowa. Still it had to go somewhere to be disposed of. 

The SPEAKER. There is no direct rule on the subject, but the 

equity seems to point that it should be considered now. Mr. WILSON, of Iowa. Otherwise there would have been unani- mous consent to offer a resolution which could never be considered. 

The Clerk then read the resolution offered by Mr. THROC.Kl\:[ORTON on the 27th of January last; which is as follows: 

Resolved, That the Postmaster·General be res-pectfully requested to furnbh the 

House of Representatives with a statement showmg the amount due contractors for 

carrying the Unite<l States mails in Southern States at t-he beginning of tho civil war, anti which has not been paid in consequence of such contractors beincr nnallle 

to take the oath required by law. " . 

Mr. WILSON, of Iowa. We had better have the veas and nays on the resolution. • 1\Ir. GARFIELD. That information has already been furnished, 

and was before the Committee on Appropriations at a format session. 

All resolutions which shall give rise to debate shall lie over for discussion. 

Under the terms of that rulo the Chair inclines to the opinion that 

the ordering of the previous question would destroy the right to (lebate under that rule. 

Mr. GARFIELD. That is in the power of the House, if the House 

shall so wish. If t.he House shall not second the demand for the previous question, then the gentleman from Mississippi [Mr. HOOKER] or any other gentleman rising to debate the resolution it would go over. That has been the practice repeatedly. The SPEAKER. The gentleman will observe that under this rule an individual member has the right to rise and propose to debate tho 

resolution. If the call for the previous question shall be entertained by 

the Chair, that would en t off the right which is clearly gh·en by tho rule. 

Mr. BURCHARD, of lllinojs. It has been the invariable practice, so far as I can recollect, that the gentleman introducing the resolution may demand the previous question upon it for the purpose of 

having immediate action. 
1876. CONGRESSIONAL RECORD-HOUSE. 273 

The SPEAKER. Yes, but the rule provides that if the resolution 

gives rise to debate it must ~o over. · Mr. BURCHARD, of Illinois. .Bnt no gentleman can take the :floor 

to debate the resolution while the demand for the previous question 

is pending. · The SPEAKER. The Chair will be glad to hear members on this 

question. 

Mr. HOAR. The Chair will see that the discussion now as to the 

particular disposition of the pending resolution is not of much practical importance. If the gentleman who introduces the resolution 

calls for the previous question the yeas and nays cannot be called upon 

seconding the demand for the previous question. If the majority of 

the House shall vote down the second, then some one may get up and 

propose to debate the resolution and it must go over, without there 

being any call of the yeas and nays. 

But if the majority of the House shall second the call for the previous question, they have the same right to cut off debate by ordering 

the previous question on this resolution as they would have to cut off 

debate by ordering the previous question on any other proposition. I 

desire to remind the Chair that the practice of this House has been 

uniform, at least since we have been in it to~ether; it is one of the 

mostcommoninstances that cancomeup, and1thasalwaysbeenruled 

that the call for the previous question is in order. 

Mr. Speaker, your predecessors in that chair have always held that 

under this second call if a member offering a resolution demands the 

previous question, it must first be a~certained whether there is a second ; and if the previous question should not be seconded, then a mem- ber may rise to debate the resolution and it goes over. The SPEAKER. The Chair is aware that the practice of the House 

bas been as stated by the gentleman from Massachusetts; but, notwithstanding that fact, the Chair is of opinion that the right to introduce resolutions under Rule 130 implies the reciprocal right of objection, which is exercised by a member rising to debate the resolutien. 

Mr. HOAR. The Chair will allow me to point ont one consideration 

which I think may affect his judgment. If the construction of the 

Chair be correct, then it would be absolutely impossible for '.!> resolution offered under this second call on Monday morning to be adopted 

by the House if a single member should object. 

The SPEAKER. Not at all. The resolution may be acted on after 

it is laid over one day. 

Mr. HOAR. I mean that it would be impossible to have such a resolution adopted on the day of its introduction. 

The SPEAKER. The Chair would remind the gentleman that this 

morning a resolution which had ·been offered in the same manner as this, and had come over, was reached in regular order and was adopted. 

Mr. HOAR. The Chair does not understand my proposition. My 

point is, that unless the House has the power to order the previous 

question, it is impossible for any resolution introduced under the sec- ond call on Monday to be adopted on the day of ita introduction. 

The SPEAKER. The Chair desires to say that upon this point the 

practice of the Hoose has been one way while his opinion is another. 

He is entirely willing to submit the question to the determination of 

the House, and will therefore entertain the motion for the previous 

question. The question is on seconding the demand. 

Mr. HOSIUNS. Will the Speaker hear me just a momentY 

The SPEAKER. Certainly. 

Mr. HOSKINS. Is it not the ooject of a member in moving the previous question upon a resolution under this call to take it out from 

the operation of that pa.rt of the rule which would carry the resolution overt 

The S PE~R. If the previous question were sustained, it would 

undoubtedly take the resolution right out from the operation of the 

role. 

Mr. HOSKINS. Very well. As longa.s thememberofferingtheresolotion holds the :floor and demands the previous question, the right to 

debate the resolution does not arise, unless there is a failure to second 

the call for the previous question. 

The SPEAKER. But the rule gives another member the right to 

rise in his place and propose to debate the resolution. 

Mr. HOSKINS. But he cannot do so as long as another gentleman 

is on the floor. If the House refuses to second the demand for the 

previous question, of course any gentleman may rise to debate the 

resolution, and it goes over. The SPEAKER. The Chair will submit the question to the Honse on seconding the demand for the previous question. 

The previous question was not seconded. 

Mr. WOOD, of New York. I believe the morning hour has expired. 

The SPEAKER. The morning hour has expired. The resolution 

lies over. 

Mr. HOLMAN. I hope that, by unanimous consent, the ~entleman 

may be permitted to introduce a resolution to examine 1uto these 

questions as they affect the States of Mississippi and Alabama, (not 

confining it to a particular locality,) and as to theinterference,if any, 

by the military in the elections in those two St~tes. 

Mr. REAGAN. Before action is taken on this subject I desire to 

call attention to this point-- - Mr. FRYE. I rise to debate the resolution. 

Mr. REAGAN. Each House, by virtue of the Constitution, has the 

right to "judge of the elections, returns, and qualifications of its own 

V-18 

members," but by this resolution, we are proposing to investigate the 

elections, returns, and qualifications of members of another Congress. ' 

Mr. HOLMAN. If this inquiry is extended to the entire State of 

Mississippi--

Several members object.ed to debate. 

INVESTIGATION OF LOUISIANA ELECTIO~. 

Mr. GARFIELD. I desire to call the attention 6f the Chair to a question of privilege. I observe by the REcoRD that on Saturday 

last a dispatch was rearl before the House and referred to a committee as a question of privilege. As part of the same subject-matter, 

I desire to read tho following for the information of the House, and 

then I will state my point : 

Hon . .J. A. GARFIELD: NEW ORLEANS, December 16, 1EI76. 

The dispatch sent from MoitRISON to R.Ui"DA.LL is without the knowledge or con- sent of the committee, who have never boon consnlted on the matter. 

S. A. HURLBUT. 

I desire to say, Mr. Speaker, that I observe in the RECORD--

The SPEAKER. In what respect is this a question of privilege f 

Mr. GARFIELD. Only as the subject-matter to which it refers has 

been so ruled. I should not myself say that either was a question of 

privilege. Bot I believe the Chair has so ruled. Therefore I simply 

wish that this dispatch may take the same reference as the other. 

The SPEAKER. The Chair would suggest that this is an entirely 

different case. Mr. MoRRISON is chairman of the committee; and his 

dispatch was addressed to the Speaker, an officer of the Honse. This 

is the dispatch of an individual member addressed to another individual member. Still, as the Chair supposes, the gentleman's object is 

obtained. 

Mr. GARFIELD. But I wanted to call the attention of the Chair 

to the fact that the dispatch as read on Saturday and printed in the 

RECORD does not claim t.o be a dispatch from the chairman of the 

committee. It is signed by Mr. MoRRISON in his individual capacity 

alone; and this is a disclaimer-- . The SPEAKER. The gentleman is out of order in proposing to debate the matter. 

Mr. GARFIELD. I then ask that the telegraphic dispatch be re~ 

ferred to the Committee on the Judiciary, to which this subject ha.s 

been referred. I ask unanimous consent; and, if unanimous consent 

be not granted, I shall move to suspend the rules. 

The SPEAKER. The gentleman from Ohio is not entitled to the 

:floor. The gentleman from Missouri [Mr. FRANXLIN] was recognized 

when the gentleman from Ohio rose to what he stated to be a question of privilege. The Chair will in proper time recognize the gentleman from Ohio. 

REVENUE STAMPS. 

Mr. FRANKLIN. I move to suspend the rules and pass the following resolution: 

Jl,.solvea, That the Committee on Expenditures in the Treasury be, and are here· 

by, directt>d to make a full inquiry as to what action the Secretary of the Treasury 

has taken in reference to the engraving and printing of internal-revenue stamps in 

the Burean of Engraving and Printing, as provided for by an act entitled "An act making appropriations for the legislative, executive, and judicial expenses of the 

Government for the ye.'U' ending .June 30, 1877, and for ot1ier purposes," and more particularly by the following clause of said act: "For dies, paper, and stamps. $466,000, said engraving and printing to be done in 

the Bureau of Engraving and Printing of the Treasury Department, provided the cost does not exceed the \)rice paid under existing contracts." 

And to this E'nd the said committee shall have power to send for persons and 

papers, to administer oaths, to take testimony, to employ a stenographer, and shall 

have leave to report by bill or otherwise at any time. 

Mr. HOAR. I rise to a parliamentary inquiry. I wish to know if 

that leave to report at any time granted to this committee will give 

to the reports of this committee precedence over the reports of the 

Committee on Appropriations. I do not see the chairman of the Committee on Appropriations present. 

The SPEAKER. The Chairwouldnotsoregard; bot,asthegentle· man from Massachusetts has suggestfjd the exception, if there be no objection the resolution will be so modified as not to interfere with 

reports from the Committee on Appropriations. 

There was no objection, and the resolution was modified accordingly. 

The rules were suspended, (two-thirds voting in favor thereof,) and 

the resolution, as modified, was adopted. 

LOUISIANA AFFAIRS. 

Mr. GARFIELD. Mr. Speaker, I desire to say that as the first dis· 

patch from Mr. MORRISON was referred to the Committee on the Jodiciary I move that the dispatch which I have received this morning 

from Mr. HURLBUT take the same reference. 

Mr. WOOD, of New York. The dispatch from Mr. MORRISON, chair- man of the committee, came officially before this Hoose.. It came officially from ~he chairman of the committee. __ 

Mr. GARFIELD. I ask the gentleman's pardon; it waanot signed as from the chairman. 

Mr. WOOD, of New York. It was sent from Mr. MoRRISON to the 

Speaker of this House, and Mr. MORRISON is the chairman of the com· mitt.ee. 

The SPEAKER. Debate is not in order. 

Mr. WOOD, of New York. I object to it.s reference. 
274 CONGRESSIONAL RECORD-HOUSE. DECEMBER 18, 

Mr. GARFIELD. I m<>ve to suspend the rules and refer the com- munication to the Committee on the Judiciary. 

The rules were snspeuded, (two-thirds voting in favor thereof,) and 

the dispatch wns accordingly so referred. 

.JUDGE llUGH L. BOXD. 

Mr. WARREN moved to suspend the rules and pass the following 

resolution: 

Resolved '.fhat the Committee on the Judiciary be directed to inquire and report whether tho action of the Honse is requisite concerning the official conduct of Hon. 

Hugh L. Bond, judge of the United. Sta~es circuit co~t ~or the fourth circni_t; and 

especially whether such jndge has ill h1s recent act1on ill tho case of certam per- sons, said to have been in custody under a~ or~er. o~ the supreme court ?f th~ S~te 

of South Carolina., transcended tho legal JuriSdiction vested by the Constitution 

and laws of the United States in him or in said circuit court, or has improperly 

exercised his legal jnriscliction, if any such he had in the case; and that sa~d com- mittee have power to send for persons and papers, and may report at any time. 

Mr. KASSON. I should like to ask the Chair a parliamentary question. 

The SPEAKER. Tbe Chair will hear a parliamentary question. 

Mr. KASSON. I wish to ask whether that does not involve an appeal from that circuit court f 

The SPEAKER. It is not the province of the Chair to answer, any more than it is for the gentleman to ask, such a question, as it is not a parlia.mentary question. 

Mr. GARFIELD demanded the yeas and nays. 

The yeas and nays were ordere_d. . . . The question was taken; and 1t was decided m the affirmative-, 

yeas 138, nays 75, not voting 76; as follows : 

YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Baaby,John H. Bagley, jr., Bannin "• Bell. Bland, .Blount. Boone, Bradford, Bright, John Young Brown, Buckner, 

Cabell. John H. Caldwell, William P. Caldwell, Campbell, Candler, Carr, Cate, Caulfield, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, Coo_k, 

Cowan, Culberson, Cutler, Davis, Dibrell, Douglas, Durand, Durham, Egbert, Ellis, 

Faulkner, Felton, Finley, Forney, Franklin, Gause, _Glover, Goode, G~ter, R~bert 

llamilton, Hancock, Hardenbergh, Henry R. Ha.rns, John T. Harns, Harns?n, Hartrid~e, Hartzell, Hatcher, .Haymond, Henkle, Hereford, Abram S. Hew1tt, 

G-oldsmith W. Hewitt, Hill, Holman, Hooker, Humphreys, Hunton, Hurd, ~ 

Jones, Kehr, Knott, Lamar, Franklin Landers, George M. Landers, Lane, Lew1s, 

Lord, Mackey, Maish, McFaTla.nd, Metcalfe, Milliken, Mills, .Money, Mor~an, 

~utchl :. Noal, O'Brien~ Payn_e, Piper; Poppletpn, Po~r, Powellb~ea, P.ea,.an, 

John R01lly James B. Reilly, Riddle, John Robhms, William M. Ro bms, Roberts; 

Savage, caies, Schleicher, Sbeakley, Singleton, Slemons, William E. Smith, Southard, Sparks, Spencer, Springer, Stanton, Stenger, Stevenson, Stone, Swann, Tarbox, 

T ese Terry Throckmorton, Tucker, Turney, John L. Vance, Robert B. Vance, 

Gilbe;·t U. W~lker, Wal h,Warner,Warren, Watterson,Wlritthorne, Wik.e, Alpheus 

S. Williams, James Williams, Jeremiah N. Williams, Willis, Wilshire, Benjamin Wilson, Fernando Wood, and Yeates-138. 

NAYS-Messrs. Adams, George A. Bagley, John H. Baker, William H. Baker, 

Ballou, Blair Bradley, William R. Brown, Horatio C. Rnrchard, Cannon, Cason, 

Chittenclen Conger, Crounse, Davy, Denison. Dobbins, Eames, Evans, ]'lye, Fort, 

Foster Freeman, Frye, Garfield, Hale, Haralson, Benjamin W. Harris, Hathorn, 

Hendee Henderson, Hoar, Ho kina, Hunter, Hyman, Kasson, Kelley, Leavenworth, 

Magoon', McCrary, McDill, Miller, Monroe, Nash, Norton, Oliver, O'Neill1 P~g_o, William A. Phillips, Pierce Plaisted, Platt, Pratt, Rainey, Rusk, Sanlpson, SmDICK- ~;on, A. Herr Smith, Strait, Thornburgh, Martin I. Townsend1 Tufts\ -yan Vorhes, 

Wait, Waldron, AlexanderS. Wallace,JohnW. Wallace, White, Wh1ting,Andrew 

Williams, Charles G. Williams, William B. Williams, James Wilson, Alan Wood, 

jr., and Woodworth-75. 

NOT VOTING-Messrs. Abbott, Banks, Bass, Beebe, Blackburn, Bliss, Samuel 

D. Burchard Burleigh, Caswell, Chapin, Cochrane, Collins, Cox, Crapo, Danford, 

Darrall, De Bolt, Dunnell, Eden, Fuller, Gibson, Goodin, Andrew H. Hamilton, -Hays, Hoge, Hopkins, House, llnbbell, Hurlbut, Jenks, Thomas L. Jones, Joyce, Kimball, Kino-, Lapham, Lawrence, Le Moyna, Levy, Luttrell, Lynch. Lynde, ~aeDougall, Mc~on, Mea~ e. Morrison, New, Odell, Packer, Phelps, John F. Philips, 

Pnrman Rice, Robinson, Miles Ross, Sobieski Ros , Sayler, Schumaker, Seelye, Smalls, Stephens, Stowell, Thompson, Thomas, WashinKton r;rownsend, Waddell, 

Charles C. ll. Walker, Walling, Ward, Erastus Wells, G. Wiley Wells, Wheeler, 

Whitehouse, Wigginton, Willai-d, Woodburn, and Young-76. . 

So (two-thirds not having voted in the affirmative) the rules were not suspended. 

During the roll-call the following announcements were made: 

Mr. A. S. ·wiLLIAMS. I desire to state that the gentleman from ·Kansas, Mr. GOODIN, is absent on account of sickness. 

Mr. SCALES. I desire to state that my colleague from North Carolina, Mr. WAD DELL, is absent by order of the Honse. 

Mr. DURHAM. My colleague from Kentucky, Mr. BLACKBUR~, and 

Mr. ROBINSON, of Indiana, are paired on all political questions. 

The result of the vote was announced as above recorded. 

JilffiS MADISON WELLS. 

Mr. BANNING.- I ask unanimous consent to introduce for adoption 

at this time the resolution which I send to the desk. 

The Clerk read as follows: 

Whereas the President having sent to this Honse a report of certain gentlem~n 

sent to Louisiana to be present at the canvass of the eleot-oral vote of that State ill 

which tho returning board is indorsed and sustained as a board made up of ntlemen of patriotism and integrity, aml referring to James M:ldison Wells, president 'of the board as follows: "Two of fuem, Hon. James Madison Wells, president of 

the boai·d ~d General Thomas C. Anderson, next senior member, are southernborn and'of old and highly respectable families. The fat.her of the former was Hon: Levi Wells, of the parish of Rapides, who in 1812 represented it in the conven- tion called to frame the constitution of the State of Louisiana. The son received a 

liberal education and was early engaged in tbecareofthe plantingandotherinterests 

of his father. He was a Union man from the time the war broke out, and although he 

suffered greatly by it in the loss of property, h~ never faltered in his devo_tion to the Union cause. Under the Banks reconstruction scheme he was chosen lienten- ant-aovernor on the ticket with Ron. Michael Hahn, who was elected governor, and upo~ the election of the latter to the Senate,~ year after, Mr. Wells became gov- ernor of the State, to which office he was almost unanimously re-elected under the x·econstruction plan of President Johnson. His experience in public life has been 

great and varied, and his capacity to discharge the duties assu.medca.unot be ques- tion&l :" Therefore, 

Be it resolved, That the Secretary of War be, and he is hereby, directed to furnish 

this House, at the earliest possible d~, from the War Department records copies of General Sheridan's orders dated New Orleans, June 3 lts67, remo,ing J. MacH- son Wells from the office of governor of Louisiana; also General Sheridan'sletwr 

of June 7, 1867, directed to J. Madison Wells; also General Sheridan's letter of 

June 3, 1867, to Secretary of War Stant{)n explaining tl1e rea ons w~y he removtld 

Governor Wells; also copies of all reports, orders. letters, telegrams, mdorsemen ts, 

and memoranda in the War Department connected with the removal of J. Mallison 

Wells from the governorship of Louisiana by General Sheridan in 1867. 

Mr. BANNING. I suppose there will be no obj.ection to this resolution. 

Mr. GARFIELD. Certainly there is. I object. The House has 

nothing to do with these historical events. 

Mr. BANNING. Well, I move to suspend the rules and adopt the 

resolution. 

The qnestion being taken on suspending the rules, 

The SPEAKER stated that in the ju<lgment of the Chair two-thirds 

had not voted in the affirmative. 

Mr. BANNING. I call for the yeas and nays. But I think if I 

might be allowed a word of explanation--

Mr. CONGER. I object to debate. 

Mr. HOLMAN. I suggest to the gentleman from Ohio that he take · a division first, uefore demanding the yeas and nays. 

Mr. BANNING. Very well. I call for a division. 

The House divided; and there were-ayes 121, noes 67; two-thirds 

not voting in t.he affirmative. 

Mr. BANNING. I call for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 133, nays 79, not 

voting 77 ; as follows: 

YEAS-Messrs . .,Ainsworth, Ashe, Atkins, John H. Bagley, jr., Banning, 'Bland, 

Blount, Boone, Bradford Briaht, John Young lkown, Buckner, Cabell, John H. 

Caldwell. William P. Caldwell, Campbell, Candler, Carr, Cate, Caulfield, John B. 

Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, Cook, Cowan, Culberson, Cutler, Davis, Dibrell, Douglas, Durand, Durham, Egbert, Ellis, Faullmer, 

Felton, Finley, Forney, Franklin, Fuller, Gause, Glover, Gunter, Andrew H. Hamilton, Robert Hamilton, Hancock, Hartlenbergh, Henry R. Harris, .Tohn T. Harris, 

Harrison, Hartridge, Hartzell, Hatcher, Haymond, Henkle, AbramS. Hewitt, Goldsmith W. Hew.itt, Rill, Holman, Hooker, Humphreys, Hunton, Hurd, Frank Jones, 

Kehr, Knott, Lamar, George M. Lanclers, Lane, Lewis, Lord, Luttrell, Maish, McFarland, Metcalfe, Milliken, Mills, Money, Morgan, Mutchler, Neal, O'B~en, Payne, 

Piper, Poppleton, Powell, Rea, Reagan, John Reilly, James B. Reilly, Riddle, John 

Robbins, William :M. R.obbins, Roberts, &va_ge, Scales, Schleicher, Sheakloy, Singleton, Slemons, William E. Smith, Southard - Sparks, Spencer, Springer, Stan- ton Stenger, Stevenson, Stone, Swann, Tarbox, Teese, Terry, Throckmorton, Tu~ker Tnrnev, John L. Vance. Robert B. Vance, Gilbert C. Walker, Walsh, War- ner Warren, Watterson, Whitehouse, Whitthorne, Wike, Alpheus S. Williams, Ja~es Williams, JeremiahN. Williams, Willis, Benjamin Wilson, Fernando Wood, 

and Yeates-133. . . NAYS-Mess1'8. Adams, George A. Bagley, John H. Baker, William H. Baker, 

Ballou, Blair, Bradley, William R. Brown, Horatio C. Burchard, Cannon, Cason, 

Chittenden, Conger, Crounse, Davy. Denison, Dobbins, Eames, Evans, Flye, Fort, 

Foster, Freeman, Frve, Garfield, Hale, Haralson, Benjamin W. Harris, Hathorn, 

Hendee, Henderson, 'Hoar, Hoskins, Hunter, Hyman, Kasson, Kelley, Leavenworth, Lynch, M~~?on, McUra:ry, McDill, Miller, Monroe, Nash, Norton, Oliver, 

O'Neill, Paae, William A. Phillips, Pierce, Plaisted, Platt, Potter, Pratt, Rainey, Rusk, Sampson, Seelye, Sinnickson, .A. Herr Smith, Strait, Soowell, Thornburgh, 

Martin I. Townsend, Tufts, Van Vorhes, "\Va!~l.Waldron, AlexaDfler S. Wallace, 

John "\V. Wallaae, White, Whiting_, AndrewWi.J..Liams, Charles G. Williams, James 

Wilson, Alan Wood, jr., and Wooaworth-79. 

NOT VOTING-Messrs. Abbott, Anderson, Baaby, Banks, Bass, Beebe, Dell, 

Blackburn, Bliss, Samuel D. Burchard, Burleigh, Baswell, Chapin, Cochrane, Collins Cox, Crapo, Danford, DarraH, De Bolt, Dunnell, Eden, Gibson, Goode, Goodin, 

Hays, Hereford, Hoge, Hopkins, HouseJ Hub bell, Hurlbut, Jenks, Thomas L. Jones, 

Joyce, Kimball, Kina, Franklin Lanners, Lapham, Lawrence, Le Mo:y?e, Levy, 

Lynde, Mackey, Ma<ffiouga.ll, McMahon, Meade, Morrison, New, Odell, Packer, 

Phelps, John F. Philips, Pnrman, Rice, Robinson, Mile.s Ross, Sobieski Ross, Sayler, 

Schumaker, Smalls, Stephens, Thomas, Thompson, Washington Townsend, Waddell Charles C. ll. W aJ.ker, Wailing, Ward, Erastus Wells, G .Wiley Wells, Wheeler, 

Wigginton, Willard, William B. Will.iams, Wilshire, Woodburn, and Young-77. 

So (two-thirds not having voted in the affirmative) the rules were not suspended. 

During the roll-call, 

Mr. ltlACKEY said: I am paired with my colleague, Mr. PACKER, on political questions. If he were present I should vote " ay," and 

he would vote "no." 

The result of the vote was then announced as above recorded. 

DISTRICT OF COLUMBIA BUSINESS. 

The SPEAKER. The hour of two o'clock having arrived, the Chair recognizes the gentleman from Missouri, [Mr. BucKNER,] chairman 

of the Committee on the District of Columbia, which at two o'clock on the third Monday of each month has the exclusive control of the 

floor to make reports. 

Mr. BUCKNER. 1 am authorized by the Committee on the District of Columbia to ask unanimous consent tb!l.t, instead of proceeding to-day, the committee may on Saturday, the 6th of January, at 

two o'clock have the same privilege as belongs tO it to-day. Mr. HOAR. Suppose the House should not be in session on that 

dayT 

The SPEAKER. That is for the House to determine. The gentle- man from Missouri must take his chance of that. 

Mr. BUCKNER. I anticipate no difficulty on that ground. 

The SPEAKER. Is there objection to the request of the gentlematl 

from Missourj Y 

There was no objection, and it was so ordered. 

CLUMS FOR WAR LOSSES. 

Mr. HUNTER. I move that the rules be suspended and that the 

preamble and resolution which I send to the desk be adopted. 
1876. CONGRESSIONAL RECORD-HOUSE. 27!) 

The Clerk read as follows : 

Whereas fears have been and still are entertained by the people of the United 

States that Congress may at some time in the future pass laws by which the Gov- ernment of the United State.~ may be compelled to pay a large amount for damages that were incurred during the late war by persons residing within the States that were then in rebellion against the United States: Therefore, in order to allay such 

fears and prevent the payment of such claims, Be it resolved. That the Committee on the Judiciary be instructed to r eport to 

this House within twent,y days, and pe~sion is hereby given for that purpose, an amendment of the Constitution of the United States in substance as follows, to 

wit: ARTICLE XVI-

. No claim shall ever hereafter be illlowed or paid by the United States, in the shape 

of damages or otherwise. for any kiml of property, real or personal, U!Jed, consumed, 

in.iured, or destroyed by United States troops. or by or through any officers, civil or military, acting under or by authority of the United States, or from any other cause whatever, dnring the suppression of the late rebellion in any of the States that were in rebellion a~ainst the Governmentof t.he United States; or, for any property used, 

consumed, in.Jured, or destroyed during such reb llion outside of said States that were in rebellion, and which belonged to persons residing within such States that were in rebellion, unless the persons owniug the property so used, consumed, injured, or destroyed were during all the time of such rebellion loyal to the Govern- ment of the United Stat-es and gave neither aid nor encouragement to the enemy. 

Mr. SPRINGER. There is no objection to that. 

Mr. HUNTER. I call for the yeas and nays upon the motion to 

suspend the rules. 

Mr. SPRINGER. I stated in reference to this resolution that there 

was no objection to it. I wish to say further--[ Cries of" Regular 

order!" "No debate!"] I ask the gentleman to so modify the resolution as to make it simply a reference to the committee and not a positive instruction. 

Mr. TOWNSEND, of New York. No, not the change of a word; 

you must vote on it as it is. 

Mr. CLYMER. I desire it to extend to all the States. 

Mr. SPRINGER. I want it more sweeping than it now is. [Cries 

of "No debate!"] I should prefer the amendment in such a shape as 

to prohibit the payment of all such claims in future by special act of 

Congress. · 

Mr. HEWITT, of Alabama. I would like to ask the gentleman from 

Indiana [Mr. HUNTER]--[Cries of "Object to deba,te!"] 

The SPEAKER. No debate is in order on a motion to suspend the 

rules. 

~ 'fhe yeas and nays were ordered. 

The question was taken; and there were-yeas 152, nays 63, not voting 74; as follows: 

YEAS-Messrs. Adams, Anderson, Bagby, George A. Bagley, John H. Bagley, 

jr .. John H. Baker, William H. Baker, Ballou, Banning, BAll. Blair, Bland, Bradley, 

William R. Brown, Buckner, Horatio C. Burchard, Campbell, Cannon, Cason, Cate, 

Caulfield, Chittenden, John B. Clarke of Kentuck-y, John B. Clark, jt·., of Missouri, 

Vlymer, Conger, Crounse, Cutler, Davy, Denison, Dobbins, Durand, Eames, Ellis, 

Evans, Flye,~Fort, Foster, Freeman, Frye, Fuller, Garfield, Glover, Hale, Andrew H. 

Hamilton, Robert IIamilton, Haralson, H:udenbergh, Benjamin W. Harris, Harri- son, Hartzell, Hathorn, Haymond, Hendee, Henderson, Ilenkle, Abram S. Hewitt, 

Hoar, Holman, Hoskins, Humphreys, Hunter, Hurd, Hyman, Frank Jone..'i, Kas- son, Kehr, Kelley, Franklin Landers, George M. Landers, Lane, Leavenworth, Le 

Moyne, Lord, Luttrell, Ma{lkey, Magoon, Maish, McDill, Metcalfe, Miller, Monroe, 

Mor..,.an, Mutchler, :Kash, Neal, Norton, Oliver, O'Neill, Paae, Payne, William A. 

Phillips, Pierce, Piper, Plaisted, Platt, Poppleton, Potter, Powell, Pratt, Rainey, 

Rea, John Reilly, James B. Reilly, John Robbins, Roberts, Rusk, Sampson, Savage, Seelye, Shea.kley, Sinnickson,' A. Herr Smith, Southard, Sparks, Spencer, 

Springer, Stanton, Strait, Stenger, Stevenson, Stone, Stowell, Swann, Tarbox, 

Toose, Thornburgh, Martin I. Townsend, Tufts, Turney, Van Vorhes, John L. 

Vance, Wait., Waldron, Alexander S. Wallace, John W. Wallace, Warner, Watterson, White, Whitehouse, Whiting, Wike, Willard, Amlrew Williams, Alphens 

S. Williams, Charles G. Williams, James Williams, William B. Williams, Willis, 

James Wilson, Alan Wood,jr., and Woodworth-152. 

NAYS-Messrs. Ainsworth, Ashe, Atkins, Blount, Boone, Bradford, Bright,John Young Brown, Cabell, John H. Caldwell, William P. Caldwell, Carr, Cook, Cowan, 

Culberson, Davis, Dibrell, Douglas, Durham, Faulkner, Felton, Finley, Forney, 

Franklin, Ganse, Goode, Gunter, Henry R. Harris, John T. Harris, Hartridge, Hatcher, Hereford, Goldsmith W. Hewitt, Hill, Hooker, Hunton, Knott. Lewis. 

Lynch, Milliken, Mills, Money, O'Brien, Reagan, Riddle, William M. Robbins; 

Scales, -8chleicher, Singleton, Slemons, William E. Smith, Terry, Throckmorton. 

Tucker, Robert B. Vance, Gilbert C. Walker, Walsh, Warren, Whitthorne, JeremiahN. Williams, Wilshire, Benjamin Wilson, and Y-eates-63. 

NOT VO'riNG-Messrs. Abbott, Banks, Bass, :ffeebe, Blackburn, Bliss, Samuel 

D. Bw·chard, Burleigh, Candler, Caswell, Chapin, Cochrane, Collins, Cox, Crapo, 

Danford, Darrall, De Bolt, Dunnell, Eden, Egbert, Gibson, Goodin, Hancock, Hays, H~?e, Hopkins, House, Hubbell, Hurlbut, Jenks, Thomas L. Jon.es, Joyce, Kimbau, King, Lamar, Lapham, Lawrence, Levy, L~de, MacDougall, McCrary, McFarland, McMahon, Meade, Morrison, New, Odell, Packer, Phelps, John F. Philips, Purman, Rice, Robinson, Miles Ross, Sobieski P..oss, Sayler, Schumaker, Smalls, 

Stephens, Thomas, Thompson, Washington Townsend, Waddell, Charles C. B. 

Walker, Walling, Ward, Erastud Wells, G. Wiley Wells, Wheeler, Wigginton, Fernando Wood, Woodburn, and Young-74. 

So (two-thirds voting in favor thereof) the rules were suspended 

and the preamble and resolution were agreed to. 

MESSAGE FROM: THE SENATE. 

A. message from the Senate, by Mr. SYMPSON, one of its clerks, announced that the Senate h•ad passed a bill (S. No. 683) for the relief 

of the officers and privates of theFourth.A.rkansas Cavalry Volunteers; 

in which he was directed to ask the concurrence of the House. 

The message further announced that the Senate had passed the following resolution: 

Resolved, That the message of the Honse of Representatives on the subject of the 

presidential election be referred to a select committee of seven Senators, with power to prepare and report, without unnecessary delay, such a. measure, either of a legis- lative or other character, as may in their jud~ent be best calculated to a{lcomplish the lawful count of the electoral vote, and oest disposition of all questions con- nt~cted therewith, and a due d~laration of the result, and that said committee have 

power to confer and act with the committee of the House ef Representatives named 

in said messag~ and to report by bill or otherwise. 

EXPE:NSES OF SPECIAL COMMITTEES. 

lli. HOLMAN. I move that the House concur in the request of the 

Senate for a committee of conference on the disa-greeing votes of the 

two Houses on the amendments of the House to the amendment of the 

Senate to the bill (H. R. No. 4121) to provide for expenses of certain 

special committees. 

The motion was agreed to. 

The SPEAKER subsequently announced as the managers of the conference on the part of the House, Mr. Hou1AN, Mr. ATKINs, anu Mr. 

HALE. ~ DISTRffiUTIO~ OF ID'ITED STATES TROOPS. 

Mr. JOHN REILLY. I move t.hat the rules be suspended and that 

the following resolution be adopted: 

Resol'!JedhThat the Secretary of War be, and is hereby, directed to fnrnisb this 

House wit the number of men enlist-ed under the act of August 15, 1876, to aid in 

suppressing the Indian rebellion, to what regiments said recruits were assigned, what amount of appropriation therefore has been expended. the necessity, if any, of 

retaining said troops longer in the service ; also, the present distribution and location 

of all troops in the United States Army. 

The question was taken; and upon a division there were-ayes 145, noes 12. 

So (two-thirds voting in favor thereof) the rules were suspended and 

the resolution was adopted. 

Mr. HOLMAN. I move that t.he House now adjourn. 

Pending the motion to adjourn, 

EL PASO, TEXAS. 

The SPEAKER laid before the House a letter from the Secretary of 

the Treasury, transmitting communications from a special agent of the 

Treasury and the collector of customs at El Paso, Texas, in reference 

to a change of that port of entry to Tucson, Arizona; which was referred to the Committee on Commerce, and orde~ed to be printed. 

OSAGE L."'DIANS. 

The SPEAKER also laid before the House a letter from the Secretary of the Interior, transmitting a drau~ht of a bill to allow the Osages 

in the Indian Territory to expend $50,u00 of their fund in the Treasury to supply present urgent necessities; which was referred to the 

Committee on Indian Affairs, and ordered to be printed. 

' EXPENDITURES L.~ WAR DEPARTME.NT. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting inspection reports of the money accomits of 

that Department, made in accordance with t.he law of 187 4 ; which was 

referred to the Committee on Expenditures in the War Department, 

and ordered to be printed. 

SMITHSO:NIAN INSTITUTION. 

The SPEAKER also laid before the House a letter from the Secretary of the Interior, transmitting corrected estimates made by Professor Henry, of the Smithsonian Institution, and recommending their 

substitution for those already printed in Executive Document No.!); 

which was referred to the Committee on Appropriations, and ordered 

to be printed. 

LEAVE OF ABSENCE. 

Mr. YoUNG was granted leave of absence for twenty days on account of important business. 

Mr. EGBERT was granted indefinite leave of absence on account of 

the sudden death of his brother-in-law. 

Mr. W .ALDRON was granted leave of absence for two weeks :f.rom 

Thursday next. . 

:Mr. ToWNSEND, of New York, was granted leave of absence for ten 

days from Friday next on account of important business. 

Mr. PLATT was granted leave of absence for two weeks. 

Mr. LORD was granted leave of absence for twelve days on account 

of import.ant business. 

Mr. HAluuSON was granted leave of absence for ten days from the 

22d instant. 

ORDER OF BUSINESS. 

Mr. SPRINGER. I ask the gentleman from Indiana [1\Ir. HOLMAN] 

to yield to me-- Many ME:r.mERS. Regular order; regular order. 

Mr. SPRINGER. I desire to ofter a resolution in relation to the 

election in Mississippi. 

Renewed cries of "Regular order!" 

The SPEAKER. The regular order being called for--

Mr. SPRINGER. I ask the gentleman from Indiana to yield to me. 

The SPEAKER. The regular order being called for, the gentleman 

has no right to yield. The question is upon the motion to adjourn. 

The motion was agreed to, upon a division-ayes 130, noes 30; and 

accordingly (at three o'clock p. m.) the House adjourned. · 

PETITIONS, ETC. 

The following petitions, &c., were presented at the Clerk's desk 

under the rule, and referred as stated: 

By Mr. BAKER, of Indiana: The petition of Captain A. Honsinger, 

of Philadelphia, for compensation for damages done to the steamer 

Brazil by reason of a collision with the United States gunboat Lexington, caused by the neglect of the officers of said gunboat, to the 

Committee of Claims. 
276 CONGRESSIONAL REOORD-SENATE. DECEMBER 19, 

By :Mr. BUCKNER: Tho petition of Pat. 0. Hawes for pay and allowances as aduitional Representative from Nebraska, to the Committee of Accounts. 

By Mr. HALE: Memorial of the Board of Trade of Denver, Colorado, that Denver be made a port of entry, to the Committee on Com- merce. 

By Mr. McCRARY: The petition of William E. Hawthorne, late a pnvate in Company K, Thirteenth Regiment Iowa Volunteers, for a pension, to the Committee on Invalid Pensions. 

By Mr. ROBBINS, of North Carolina: Resolutions of the General 

Assembly of Nort.h Carolina, instructing the Representatives in Congress from that State to use their influence to so alter tho revenue laws 

relating to whisky, brandy, and tobacco as to make said laws less oppressive on the citizens, and if this cannot be accomplished to vote 

for the repeal of the same, to the Committee of Ways and Means. 

Alao, resolutions of the General Assembly of North Carolina, requesting the Representatives in Congress from said State to use their influence to so modify or repeal the revenue laws of the United States as to give to the pl'Oducer the right to distill, for his own use, his fruit; 

also, to repeal or modify the tax on leaf tobacco, to the same committee. 

By Mr. VANCE, of North Carolina: The petition of certain em- ployes of the House, relating to payments to them for services in the 

folding-room of the House, to the Committee of Accounts. 

By Mr. WALDRON: Papers relating to the petition of Harriet S. 

Baker, for a pension, to the Committee on Invalid Pensions. 

. 

IN SENATE. 

TUESDAY, ])ecember 19, 1876. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

The Journal of yesterday's proceedings was read and approved. 

EULOGIES ON THE LATE SPEAKER KERR. 

Mr. MORTON. Yesterday resoiutions of the House of Representatives were transmitted to the Senate communicating intelligence of 

the death of Mr: Kerr, t"Qe late Speaker of the House. I had a conver- sation with my colleague, [Mr. McDoNALD,] who is now absent fron 

the Senate in the discharge of official duty, and it would be entirely 

agreeable to his feelings and mine to have the resolutions lie upon the 

table until my colleague returns to the Senate, and then a day will be 

fixed upon for considering the matter in the Senate. 

The PRESIDENT pro tempore. If there be no objection the resolutions will lie upon the table until the Senators from Indiana desire 

to have them called up. 

HOUSE BILLS REFERRED. 

The bill (H. R. No. 4187) making appropriations for the service of 

the Post-Office DepartmeJlt for the fiscal r,ear ending J nne 30, 1878, 

and for other purposes, was read twice by 1ts title, and referred to the 

Committee on Appropriations. 

The bill (H. R. No. 4207) to remove the political disabilities of F. 

E. Shepperd, of Virginia, was read twice by its title, and ref~rred to 

the Committee on the J udioiary. 

POST-ROUTE BILL. 

The PRESIDENT pro tempore laid before the Senate the action of 

the Hoose of Representatives disagreeing to certain amendments of 

the Senate to the bill (H. R. No. 3628) establishing post-roads. 

Mr. HAMLIN. I move that the bill be referred to the Committee on Post-Offices and Post-Roads that it may receive the consideration 

of the committee before we take any action on the disagreeing votes 

of the two Houses. 

The motion was agreed to. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT p1·o ternpore laid before the Senate a letter from 

the Secretary of State, transmitting, in compliance with section 208 

of the Revised Statutes, a statement of the names of consular officers, 

not citizens of the United States, to whom salaries have been paid 

during the :fiscal year ending June 30, 1876; which was ordered to lie on the table and be printed. 

PETITIONS AND MEMORIALS. 

Mr. NORWOOD presented the petition of John R. F. Tattnall, of 

Georgia, praying for the removal of his political disabilities; which was referred to the Committee on the Judiciary. 

Mr. SPENCER presented the petition of the Methodist church of 

Allston, Massachusetts, signed by the pastor and officers, praying for 

prohibitory legislation for the District of Columbia and the Territories; the prohibition of the foreign importation of alcoholic liquors; that total abstinence be made a condition of the civil, military, and 

naval service; and for a constitutional amendment to prohibit the 

traffic in alcoholic beverages throughout the national domain; which was referred to the Comm1ttee on Finance. 

Mr. MITCHELL presented the petition of F. G. Schwatka, of Oregon, praying compen.~ation for damages alleged to have been sustained 

by him by the use and occupancy by the United States authorities of 

certain lands in Oregon, known as donation lands, upon which he had 

settled; which was referred to the Committee on Claims. 

I 

, 

REPORT OF A COMMITTEE. 

Mr. WINDOM. I am instructed by the Committee on Appropriations, to whom was referred the bill (H. R. No. 4120) making appropriations for the payment of invalid and other pensions for the year 

ending June 30, 1878, to report it without amendment and recommend 

its passage. If there be no objection, I will ask that it be put upon 

its passage now. The bill has been printed and the committee report 

it back without any amendment. 

Mr. EDMUNDS. 0, no. I object. I am in favor of the bill, but I 

object to its present consideration. 

BILL RECOMMITTED. 

Mr. MORRILL. I am instructed by the Committee on Finance to move that the bill (S. No. 1040) to allow the late collector of internal revenue for the fourth district of Georgia his salary, hitherto withheld, be recommitted to that committee. 

The motion was agreed to. 

BILLS INTRODUCED. 

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

to introduce a bill (S. No. 1090) for the relief of Assistant Surgeon 

Jenkins A. Fitzgerald United States Army; which was read twice 

by its title, and, with the accompanying petition, referred to the Committ-ee on Military Affairs. 

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

introduce a bill (S. No.1091) to establish a post-road; which was read 

twice by its title, referred to the Committee on Post-Offices and PostRoads, and ordered to be printed • He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1092) for the relief of Jerome Kunkel j which was read twice by its title, referred to the Committee on Military Affairs, 

and ordered to be printed. 

Mr. PAD DOCK asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No.1093) granting a pension to C. H. Frederick; 

which was read twice by its title, and, with accompanying papers, re- ferred to the Committee on Pensions. 

THOMAS DAY. 

Mr. WRIGHT. I move that the Senate proceed to the consideration 

of the bill (H. R. No. 3504) for the relief of Thomas Day. 

The motion was agreed to ; and the Senate, ae in Committee of the 

Whole, proceeded to consider the bill. 

It authorizes the Secretary of the Treasury to pay to Thomas Ds.y, 

of Indiana, $640.75, in full payment and satisfaction for the use of 

nursery grounds at Madison, Indiana, by the United States1 in the 

year 1863, for a military post and for barracks and hospital purposes. 

Mr. DAVIS. There is a report, I presume, in that case f 

The PRESIDENT pro tempore. There is a report. 

Mr. DAVIS. Let it be read. 

The PRESIDENT pro tempore. The report will be read. 

The Chief Clerk read the following report, submitted by Mr. 

WRIGHT, from the Committee on Claims, July 28, 1876: 

The Committeee on Claims, to whom was referred the bill (H. R. No. ~04) for the 

relief of Thomas Day, submit the following report: The report of the House oommittee is as 'follows; 

"That this claim was before the Forty-third Conj!l'ess, and a favorable report 

thereon made by Mr . .TAMEs WILBON, of the War Claims Committee of that Congress, now a member of this committee. 

"This claim is for the use and occupation of nursery-grounds by the United States, 

situated in .Tefferson County, Indiana. Said grounds were occupied and used dur· 

ing the war of the late rebellion as a militarr post for barracks and hospital purposes. Your committee believe, from the evidence, that the claima.nt iPJ entitled to the sum of f640.75 as a compensation for the said use and occupation. They report the accompan,.ing bill, and recommend ita passage." This conumttee only add that the testimony abundantly supports the findings, and also shows that the Quartermaster's Department declined to pass upon the 

claim, as it was for damages, a subject over which it had no jurisdiction, and re- mitted the same to Congress. The grounds were taken possession of in .Tanuary, 1863, and at a time or season of the year when it was impossible to move the trees. Wereconunendthep~ageofthebilL 

:Mr. MORRILL. May I ask the Senator from Iowa if there was not an adverse report made by a. Senate committee on that claim some years ago f 

Mr. WRIGHT. Not to my knowledge. 

Mr. MORRILL. I think there was. Mr. WRIGHT. The record was examined very thoroughly, and my 

impression is that there was no adverse report by any committee, 

either of this body or of the House. 

Mr. EDMUNDS. How do you account for this long delay f 

Mr. WRIGHT. There was a favorable report in the Forty-third 

Congress from the committee of the Honse. The case has been pending for about six or eight years. • Mr. EDMUNDS. I have the impression that some claim like that 

has once been reported adversely here. 

Mr. WRIGHT. I feel very certain that my friend is mistaken. I 

know that the record wasexamined very .thorougblybyour clerk and 

also by themembers ofthecommittee,andnosuchclaim ha.severbeen 

passed upon adversely. 

Mr. EDMUNDS. What is the name f 

Mr. WRIGHT. Thomas Day. · ?t!r. EDMUNDS. I rather think that had better lie over until to- mo!l'ow,~d we can look at it. 

Mr. WIUGIIT. The bill is already before the Senate. 

Mr. ED~S. Was it reported to-dayf