• 

1878. CONGRESSIONAL RECORD-SENATE. 29 

By Mr. McMAHON: The petition of James Blair, late a. private in 

Company E, First Regiment United States Cavalry, Mexican war, for a pension-to the Committee on Invalid Pensions. 

Also, the petition of Adam Miller, of similar import--to the same committee. 

Also, the petition of Thomas Russell, of similar import-to the same committee. • Also, the petition of HenryS. Wood ward, of similar import-to the same committee. 

Al.so, the petition of Jacob Yeager, late a private in Company E, 

Seventy-ninth Regiment Indiana Volunteers and Veteran Reserve 

Corps, of similar import-to the same committee. 

Also, the petition of Joseph Schultz, for arrears of pension-to tke same committee. 

Also, the petition of Michael Cable, for the removal of the charge 

of desertion-to the Committee on Military Affairs. 

By Mr. MORSE: The petition of the Boston Society of the Medical Sciences, that the metric system of weights and measures shall be 

exclusively used in all the business of the United St.ates Government 

after some fixE\d date-to the Committee on Coinage, Weights, and 

Measures. 

Also, the petition of the Boston Society for Medical Observation, of 

similar import-to the same committee. 

By Mr. OVERTON: The petition of Charles N. Warner, late an officer in the United States Army, that he be restored to his former 

relative rank and position therein-to the Committee on Military 

Affairs. 

Also, the petition of Francis O'Cleary, for a pension-to the Committee on Invalid Pensions. 

By Mr. PAGE: Memorial of citizens of San Francisco, relative to 

the Geneva award-to the Committee on the Judiciary. 

By Mr. PATTERSON, of New York: The petition of Florian W. 

Ames, of Dunkirk, New York, to have refunded to him $300 paid by 

him as commutation money during the late war-to the Committee 

of Claims. 

By Mr. PRICE: The petition of soldiers of Iowa, for the equaliza- tion~£ bounties to all soldiers of the Union Army-to the Committee on Invalid Pensions. 

By Mr. RANDOLPH : Papers relating to the claim of Greenbury 

B. Mitchell for compensation for property taken by the United States 

Army-to the Committee on War Claims. 

Also, papers relating to the claim of Greenbury B. Vineyard, of 

similar ill}port-to the same committee. 

By Mr. RICE, of Ohio: The petition of Elizabeth Middleton, for 

restoration to the pension-roll-to the Committee on Invalid Pensions. 

By Mr. SAMPSON: A paper relating to the petition of Simeon M. 

Preston, for relief for the loss suffered by him by the act of the President of tho URited States in pardoning D. C. Kearns, convicted of 

embezzlement-to the Committee of Claims. 

By Mr. VANCE. Papers relating to the claim of William D. Whitted for compensatio:a for supplies taken by the United States Armyto the Committee on War Claims. 

By Mr. WATSON: The petition of P. T. Campbell, late a private 

in Company F, Fifty-eighth Pennsylvania Veteran Volunteers, for 

"vetera...11 bounty "-to the Committee on Military Affairs. 

By 1\fr. WOe>D: The petition of druggists and doctors of South 

Carolina, for the abolition of the druggist's liquor-license tax-to the 

Committee of Ways and Means. . By Mr. YOUNG : Papers relating to the claim of Reuben B. Bass, 

for compensation for property taken by the United States Army-to 

the Committee on War Claims. 

IN SENATE. 

WEDNESDAY, IJecember 4, 1878. 

Prayer by the Chaplain, Rev. BYRON Sm•'DERLAND, D. D. 

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

JoHN J. PATTERSON, a Senator from the State of South Carolina, 

appeared in his seat to-clay. 

OMISSION IN ENROLLME~"'T. 

The VICE-PRESIDENT appointed 1\fr. FERRY, ittr. DAVIS of illinois, and Mr. RANDOLPH as the committee provided for by the reso- luticm adopted by the Senate yesterday, relative to au omission in the 

enrollment of the sundry civil appropriation bill at the last session 

of Congress. 

EXECUTIVE COMMID\'ICATION. 

The VICE-PRESIDENT laid before the Senate a letter from the 

Postmaster-General, transmitting a communication from the Auditor 

of tho Treasury for the Post-Office Department, in regard to the 

compensat.ion of certain postmasters upon whose nominations the 

Senate failed to act during the special session of Congress which 

met October 15, 1877 ; which was referred to the Committee on Post • Offi.{les and Post Roads, and ordered to be printed. · 

BACHELDER'S SKETCH OF THE BATTLE OF GETTYSBURGH. 

The VICE-PRESIDENT laid before the Senate the following com- munication; which was read, referred to the Committee on 1\filitary 

Affairs, and ordered to be ~nted: • 

SocmTY OF THE ARMY OF THE POTOMAC, 

OFFICE OF RECORDING SECRETARY, 

27 Park Place, New York, D ecember 3, 1878. 

Sm: In pursuance of the instructions of the Society of the Army of the Poto- mac, I have the honor to forward the annexed resolution of the Society of the 

Army of the Pot.omae, passed at their last annnal meeting, Jnne !7, 1878. Very respectfnlly, yonr obedient servant, 

Hon. WILLIAM A. WIIEELER, 

HORATIO C. KING, 

Recording Sec-reta1y. 

Vice-Pre8ident of the United States. 

The speeches being concluded, the following resolution was offered by General 

Barnum, and approved by the society : 

Whereas the battle of Gettysburgh was~ and always will be, considered one of 

the ~rreat historic events of the nation; ann Whereas Mr. John B. Bachelder, of Boston, at the commencement of the late war, foreseeing the valne of a thorough detailed knowledge of the great culminating battles between the States sure to ensue, and realizin~ the importance of collecting such data while all the details were fresh in the mmds of the participants and while the men lived who could furnish the facts or refute the errors, did abandon his business and attach himself to the Army as early as 1862, that he might be 

in position to do the work promptly and thoroughly wherever snob an event took 

place, followin.,. its marches, sketching and noting the details of battles; and 

Whereas at fi.ettysburgh he reached the field immediately after the battle was fougbt, while the wounded from every regiment of both armies remained to tell 

the story, and while the havoc of battle marked the limits of the field; that he 

sketched its vast proportions, the accuracy of which we recognize, and the citi- zens of Gettys burgh indorse; that he remained there for months, going over the 

field with wounded men of both armies, carefully noting their descriptions of the 

battle, and indicating the positions of their commands on his sketch ; that be visited the Army at the front, submitting his notes to the asseml>led officers of the 

different regiments, verifying the data obtained at Gettysburgh, and fully establishing the position of every command, noting its mo>ements and incidents in 

battle; that on his invitation many of us visited the battle-field for the purpose of 

contributing our knowledge to its history, where in council we verified our posi- tions and explained our movements; that many of our comrades in battle who furnished him material and personal reminiscences when at the front fell in the subsequent battles before Richmond, and many others who went with us to Gettys- burgh are now uead, and Mr. Bachelder holds the only notes of their experience from which a connected narrative can be written ; and, in a. word, that throughout tho past sixteen years he has given his time and the best efforts of his life to perpetuate the history of the battle of Gettys burgh; that his efforts in collecting ma- . terial have been crowned with wonderful success ; that his verity and impartial- ity have won alike the encomiums of distinguished ofticers of both armies; that 

his knowledge and anthorityon matters pertaining to that battle have been recog- nized by the War DepartmElnt, in employing him to locate the positions of troops on the Government maps of that battle; that we, members of the Society of the 

Army of the Potomac, ofticers who led that army at that battle, fully realizing the 

value which the material collected by Mr. Bachelder must possess for all time, 

and knowing that if lest it can never be replaced, and that unless it is compiled by him who collected it and knows its value, it will be lost at his death, and to a great extent die with him: Therefore, . Be it resolved, That Congress be respectfully urged to ¢.-e the subject its early attention,· and that the recommendation of the Ch1ef of Engineers and Secretary of War, {printed in Senate Document No. 42,) asking that an adequate appropria- tion be made to continue, compile, and complete this great work in the same care- ful, painstaking, liberal manner as has heretofore characterized the enterprise, and our secretary be instructed to forward copies of this resolution to the President 

of the Senate and the Speaker of the House of Representatives of the United States 

Congress. 

PETITIO~S A...~ ME~IORIALS. 

Mr. BECK presented the petition of Samuel Castleman, of Louis- · ville, Kentucky, praying compensation for services as clerk in the 

assistan adjutant-general's office at Louisville, Kentucky; which was referred to the Committee on Military Affairs. 

Mr. KIRKWOOD presented a petition of citizens of Indianola, Iow3, 

praying Congress to increase the pension of A. W. Richards, late of 

Company G, Third Iowa Infantry Volunteers; which was referred to 

the Committee on Pensions. 

BILLS INTRODUCED. 

Mr. BECK asked, and by unanimous consent obtained, leave to introduce a bill (8. No.1426) for the relief of Samuel Castleman; which was read twice by its title, and referred to the Committee on Military 

Affairs. 

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

to introduce a bill (S. No. 1427) to amend the judiciary a.ct as to suits agains~ certain corporations; which was read twice by its title, and 

referred to the Committee on the Judiciary. 

Mr. SAULSBURY asked, and l.ly unanimous consent obtained, leave 

to introduce a bill (S. No. 1428) relating to the redemption of United 

States legal-tender notes; which was read the first time by its title. 

Mr. BAILEY. I ask that that bill be read at length. 

The VICE-PRESIDENT. It will be reported at length. 

The bill was read the second time at length, and referred to the 

Committee on Finance, as follows: 

Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, directed, 

in redeeming United States legal-tender notes as required by ths act of Congress approved January 14, 1875, to pay to each and every person, bank, corporation, or association of persons presenting said notes for redemption, 75 per cont. of the amount of said notes so presented in gold coin, and 25 per cont. in legal-tender sil- ver dollars. 

:Mr~ WALLACE asked, and by unanimous consent obtained, leave 

to introduce a. bill (S. No. 1429) granting a pension to Elizabeth F. 

Long•; which was read twice hyits title, and, with the accompanying 

papers, referred to the Committee on Pensions. 

Mr. KIRKWOOD (by request) asked, and by unanimous consent 
30 CONGRESSIONAL RECORD-SENATE. DECEMBER 4,. 

obtained, leave to introduce a bill (S. No. 1430) for the relief of Daniel 

M. Cook; which was read twice by its title, and referred to the Committee on Patents. 

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

to introduce a bill (S. No. 1431) making further ap},iropdation for 

continuing the construction of the canal and locks around the Cascades of the Columbia River; which was read twice by its title, 

and referred to the Committee on Commerce. 

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

introduce a bill (S. No. 1432) to provide for the settlement of all outstanding claims against the District of Columbia, and for other purposes; which was read twice by its title, and referred to the Committee on the District of Columbia. 

:Mr. ROLLINS asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 1433) to regulate the jurisdiction pf justices 

of the peace in the District of Columbia, a,nd for other purposes; 

which was read twice by its title, and referred to the Committee on the District of Columbia. 

Mr. DAWES (by request) asked, and by unanimous consent obtained, 

leave to introduce a bill (S. No.1434) to compensate George W. Morse 

for his labor and expenses in adapting his system of breech-loading 

:fire-arms and ammunition to the arms of the United States; which was read twice by its title, and referred to the Committee on :Military 

Affairs. 

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

to introduce a bill (S. No. 1435) authorizing the appointment of Dr. 

Junius L. Powell an assistant surgeon in the United States Army; 

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

:Mr. EUSTIS. I ask leave to introduce a bill making an appropriation for constructin~, rebuilding, and repairing levees on the Mississippi River, and I giVe notice that I shall ask leave of the Senate to 

submit some remarks upon the bil1 on Thursday of next week at the 

expiration of the morning hour. Meanwhile l~t it lie on the table. 

By unanimous consent, leave was granted to introduce a bill (S. 

No. 1436) appropriating money for constl'Ucting, rebuilding, andrepairing levees on the Mississippi River in the States of Missouri, 

Kentucky, Tennessee, Arkansas, Mississippi, and Louisiana; which was read twice by its title, and ordereu to lie on the table. 

Mr. WITHERS a~ked, and by unanimous consent obtained, leave 

to introduce a joint resolution (S. R. No. 43) repealing so much of joint 

resolution No. 46, approved March 2, 1867, as require~ proof of loyalty by soldiers of the war of 1812 and their widows iu applications 

for bounty land; which was read twice by its title, and referred to 

the Commi-ttee on Pensions. 

PAPERS WITHDRA~ A...~ REFERRED. 

On motion of Mr. W A.LLACE,,it wa~ 

Ordered, That the petition and papers in· the case of Thomas P. Blair be taken 

from the :files of the Senate and referred to the Committee on Claims. 

ADV .AN CEMENT OF AGRICULTURAL L.'ITERESTS. 

Mr. DAVIS, of West Virginia, submitted the following resolution; 

which was read: · Whereas agriculture is the foundation of nearly all our wealth and it is mainly throu~h the exportation of its products that we are paying off our large indebted- ness, foreign and domestic, and have the present large balance of trade in our favor; and 

Whereas although abont one-half of the people of this country are en~aged in 

agricultural pursuits and all other interests are dependent upon this, our leading and most important interest, commercial and otherwise, :r,et but little has been done 

by the General Government to promote agriculture, while other less general and 

important interests have been largely aided: Therefore, 

Resolved by the Senate, (the House of Representatives concurring,) That the com- mittees on agriculture of the respective Rouses be, and they are hereby, instructed to consider generally the subject of aw-icultnre, and report. by bill or otherwise, 

what can or ought to be done by the General Government to better advance, en· courage, and foster agricultural interests, and that said committees shall have the 

power to send for persons and papers. 

Mr. DAVIS, of West Virginia. I wish to state that at some not 

distant day I expect to call the resolution up for the purpose of submitting some remarks upon the subject. I move that the resolution 

lie on the table and be printed. 

The motion was agreed to. 

ROCKY MOUNTAIN SURVEYS. 

Mr. DAVIS, of Illinois, (by request,) submitted the following reso- lutions; which were referred to the Committee on Printing : 

Resolved b'IJ the Senate, (the House concurring,) That there bo printed at the Gov- ernment Printin~ Office 3,000 copies of the report of the Geographical and Geo· 

logical Survey of the Rocky Mountain Region relating to the geology of the Black • Hills, in quarto form, with the necessary illustrations and charts; 1,500 copies of 

which shall be for tho use of the House of Representatives, 500 for the use of the 

Senate, 500 for the use of the survey, and 500 for the use of the Smithsonian Institution, the illustrations and charts to be made by the Public Printer, under the di· 

rection of the Joint Committee on Public Printing. 

Resolved by the Senate, (the House concurring,) That there be printed at the Gov-. ernment Printing Office 3,000 copies of the report of the Geographical and Geo· 

logical Survey of the Rocky Mountain Region, being volume 2, contributions to North American Ethnology, in quarto form; 1,500 copies of which shall be for the use of the House of Representatives, 500 for the use of the Senate, 500 for the use of the survey, and 500 for the use of the Smithsonian Institution. 

Resolved by the Senate, (the House concurring,) That there be printed at the <ffiv- ernment Printing Office 3,000 copies of the report of the Geographical and ileological Survey of the Rocky Mountain Region, relating to the geology of the hi.e;h 

plateaus of Utah, in quarto form, with the necessary illustrations and charts; 1,500 

copies of which shall be f()r the use of the Honse of Representatives, 500 for the use 

of the Senate, 500 for the use of the survey, and 500for the use of~ Smithsonian 

Institntion; the illustrations and charts to be made by the Pnblic Printer, under 

the direction of the Joint Committee on Public Printing. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. GEORGE M. 

ADAMS, its Clerk, announced that the House had agreed to the 

amendment of. the Senate to the bill (H. R. No.1625) granting a. pension to Abram V. Miller, late lientenaut in Company E of the One 

hundred and eighty-fourth Regiment of Pennsylvania Volunteers. 

The message also announced that the House had passed ·the following bills: 

A bill (S. No. 8'24) establishing the rank of the senior inspectorgeneral; · A bill (S. No. 1133) for the relief of WUliam Gibson; and 

A bill (S. No. 1367) to aid in the protection of the public buildings 

and property against loss and damage by :fire. 

The message further announced that the House had passed the following bills and joint re~olntion; in which it requested the concur- rence of the Senate : A bill (H. R. No. 5219) granting a pension to Beliuda, McDonald; 

A bill (H. R. No. 5220) to amend an act approved August 14,1876, 

entitled "An act making appropriations for the payment of claims 

reported allowed by the commissioners of claims under the act of 

Congress of March 3: 1871, and for other purposes." 

A bill (H. R. No. 5230) making appropriations for the support of 

the Military Academy for the fiscal year ending J nne 30, 1~!30, and 

for other purposes; 

A bill (H. R. No. 5231) making appropriations for fortifications and 

other works of defense and for the armament thereof for the fiscal 

year ending June 30, 1880, and for other purposes; and / 

A joint resolution (H. R. No. 201) proposing an amendment to th 

Constitution prohibiting the payment of claims of disloyal perso 

for property injured or destroyed in the late war of the rebellion. 

PREVE~TIO~ OF EPIDEMIC DISEASES. 

Mr. HARRIS. Mr. President, I ask the Senate to proceed to th on- sideration of the resolution that I bad the honor to submit on Monday 

last on the subject of the epidemic that prevailed last summer. The VICE-PRESIDENT. The resolution will be reported at length. 

The resolution was read, as follows: 

Whereas the epidemic which has recently prevailed in lar~e districta of several 

of the States of the Union has been so destructive to human Jife and the interests 

and prosperity of the whole country as to make it a subject of gravest public con- cern, and its prevention iu future an important duty, to the end that ita retnrn may be prevented, so far as prompt and decided action can prevent: 

Be it resolved by the Senate, (the House of Representatives concurring,) That a joint select committee of four Senators, t-o be appointed by the President of the Senate, 

and five Representatives, to be appointed by the Speaker of the House, be appointed to investigate and report the best means of preventing the introdnction and spread ef epidemic diseases, especially yellow fever and cholera, within the limits of the 

United States; that said committee be allowed a clerk and. if in the course of its 

investigations it is found necessary, a stenographer; and that said committee have 

power to send for persons and papers, to employ experts and scientists, not to ex- ceed seven~ nnmber, and send them t?, :md by snbcommit&e visit, recently infected localities. for the purpose of obtannng the fullest and most accurate information; and that said committee may report at any time during the present session 

of Congress, by bill or otherwise. 

The VICE-PRESIDENT. Is there objection to the present consideration of the resolution~ The Chair hears none. It is before the 

Senate. 

Mr. EDMUNDS. Mr. President, I should like to suggest to the 

Senator from Tennessee the propriety of so amending his resolution as to make the committee which this body authorizes a committee of 

the Senate, with power, if the Senator likes, to act in concurrence with any similar committee of the House of Representatives, for the. 

Senate has on a good many occasions, when attention has been drawn 

to it, been adversely inclined in respect to having joint committees. 

It has been thought hitherto (and I, certainly, have always thought 

so) that the independence, indeed the good-will of the two bodies, is 

much better snbserveu, as well as their convenience, by having their 

committees separate in respect of matters of this kind and every 

other, except some executive act like having charge of the Library, 

and in fact there they are practically separate. If it is agreeable to 

the Senator, I should like to move to amend the resolution so as t() 

make this committee a committee of five Senators or seven Senators, 

whichever he prefers, with a. clause that they shall have power to 

sit and act in concurrence with any similar committee of the House 

of Representatives. · Mr. HARRIS. The suggestion of the Senator from Vermont is one that I considered when drafting my resolution, and his suggestion would be even preferable to the form in which I put the resolution but for one single reason, and that is that if we raise a Senate 

committee to investigate the questions involved, and if there be a!s@ a Honse committee, it will result in the conducting of two investigations, or the existence of two committees engaged in investigating 

the same matter, when, in my judgment, one committee would investigate it just as satisfactorily and at very much less expense. It is 

perfectly agreeable to me, even more agreeable, to have a committee 

of the Senate of five, seven, or nine members-! care not as to the 

number so that it reaches a.s high as five or seven-than to h·ave a. joint committee, and I have no objection to it except the one I have 

suggested. If that objection is not appreciated by the Senate, I 

prefer a Senate committee. 

• 
1878. CONGRESSIONAL RECORD-SENATE. 31 

Mr. EDMUNDS. I do not think that the objection ought to outweigh the consideratio~ I have p~ese~ted, and I do. not think that, in 

point of fact in practiCe the obJectwn would exist at all. If the 

Hause of Representatives desires to inquire into this, undoubtedly 

very important subject, and wishes to raise a committee also, then 

the House of R~presentatives will be quite as willing, instead of having a joint committee, to authorize its com.mittee to act in concurrence with a similar committee of the Senate. Then, of course, the responsible and respectable gentlemen on the two committees would arrange 

for.joint sittin(J's as is the practice in all the States that I know anything about, wh~re they alway~ have_ in~epe~dent committees; and 

if a subject is under common mvest1gatwn m the. two Houl:!e~, the 

two committees arrange to take only one set of testrmony and s1t to-

(J'ether. Then they report according to their respective views to their 

two Houses; which preserves the entire independency and g?od feeling that ought to exist between the two Houses on all occast~ns. 

I will run the risk, as it is agreeable personally to my fnend, of 

moving to so amend thisresolotion as to make ita commi-ttee of five 

8enators--

Mr. HARRIS. If the Senator will modify the resolution so as to 

make it to consist of seven instead of five I shall very cheerfully accept his suggestion. 

Mr. EDMUNDS. Very well. 

Mr. HARRIS. I should prefer a separate committee but for the reason that I have suggested. Here is a copy of the resolution. 

[Handing copy.] The Senator will please make the modifications. 

Mr. ED .MUNDS. I move to strike out the word "joint" in the sec- ond line, and the word " four" in the same line before 11 Seuators," 

and insert in lieu of " four" the word "seven ; " after "Senators" 

and before "appointed" to strike out "to; " and then to strike out the 

words "and five Representatives, to be appointed by the Speaker of 

the House ; " so as to read : That a select committee of seven Senators bo appointed by the President of the 

Senate, &c. 

And then strike out the words "be appointed" before the words 

''to investigate and report the best means1" &c. 

The VICE-PRESIDENT. The Senator from Vermont proposes to 

amend the resolution so as to make it read as will now be read by the 

Secretary. The SECRETARY. The resolution, if amended as proposed, will 

read: 

B e it resol·ved by the Senate, That a select committee of seven Senators be ap· pointed by the President of the Senate to investigate and report the best means of proven ting the in trod oction and spread of epidemic diseases, especially yellow fever and chOlera, within the limits of the United States ; that said committee be 

allowed a. clerk and, if in the courst} of its investigations it is found necessary, a stenographer; and that said committee have power to send for persons and papers, to employ experts and scientists, not to exceed seven in number, and send them to, 

and by subcommittee visit, recently infected localities, for the purpose of obtain· 

ing the fullest .and most accnrate informat!on ; and that said CO~J~mittee may re· port at any time during the present session of Congress by bill or otherwise. 

The amendments were agreed to. 

Mr. EDMUNDS. I will move to amend further by striking out the 

words in the last line "at any time durin~ the present session of Congress;" so as to read "may report by bill or otherwise." It is the same thing; these words are mere surplusage, of no account in any 

way. The amendment is a mere matter of form. 

Mr. HARRIS. I have no objection to that. 

The amendment was agreed to. 

Mr. EDMUNDS. In the line of what I have su~gested, for the con- venience that has been spoken of, for the committees of the Senate 

and House to act together if they see fit, I move to add to the resolution: 

And that said committee have power to sit and act in concurrence with any 

similar committee of the House of Representatives. 

The VICE-PRESIDENT. To this amendment the Chair hears no 

objection. Mr. HARRIS. None whatever. The amendment is made neces- sary by ma.king it a Senat-e committee. 

Mr. EDMUNDS. I should lik.e to say one word in reference to one aspect of this subject. As I have said, of course it is one that interests everybody, as it ought; but the question has(j)ccurrod to my mind as to what clause of the Constitution it is that would authorize Congress by a law to provide for the prevention of any epidemic disease, 

except in the nature of a quarantine on the external boundaries of 

the United States, where it has been supposed under some authority or other we have power to act. It is true that if we have no power, 

that would be no valid objection to this resolution of inquiry, because, I take it, nobody would question under the general-welfare 

clause the power of either House of Congress to inquire into any subject they like, and an inquiry even alone may throw great light upon 

the subject and enable States to do better than otherwise. There 

may be some authority drawn from the commercial clause of the Constitution as to the regulation of commerce between the States, possibly, or there may be some other which would justify legislation. I 

should like to hear the views of my honorable friend from Tennessee 

upon that subject. 

Mr. HARRIS. Mr. President, upon the point suggested by the Senator from Vermont, I have only to say that I have not investi~ated 

the question as ta the extent of the power of Congress to legt.Slate 

upon questions of public health, but have supposed that under the 

power to regulate commerce ample power may be folllld for such legislation as may be necessary; but, as suggested by the Senator.from 

Vermont, it is not necessary to discuss or determine the extent of the 

constitutional power to legislate upon the subject at this stage of the 

proceeding, that being one of the questions that will be investigated 

and reperted upon by the committee, and in the progress of that in.: 

vestigation I hope to have the valuable aid of the Senator from Vermont in finding the power necessary to apply whatever preventive 

remedy may be thought most effective. The importance of the investigation provided for by the resolution tmder consideration is so obvi- ous as not to require either explanation or argument. So great have 

been the calamities of the people of the recently infected districts re- sulting from the epidemic which prevailed during the last summer as to have excited a profound sympathy throughout the civilized world, 

and a charity as broad, generous, and munificent as the necessities of the 

occasion were great. The people of every State in the Union, North 

and South, East and West, as well as those of almost every nation in 

the civilized world, responded to the necessities of the sufferers in the 

stricken localities with most generous and lavish hands. If the recur- rence of such calamities a~ have so seriously affiicted a large portion 

of the American people within the last few months can be prevented 

by any action of Congress, none cau doubt the importance or the duty 

of applying the most effectual remedy before the return of another summer. I therefore hope that the resolution may be adopted and 

the matter promptly and thoroughly investigated, so that if there be a means of preventing the introduction and spread of epidemics so destructive to human life, it may be promptly applied. 

The VICE-PRESIDENT. As amended, will the Senate agree to 

the resolution f 

The resolution, as amended, was agreed to. . The VICE-PRESIDENT. Will the Senate agree to the preamble f 

The preamble was agreed to. 

TEXAS PACIFIC RAILROAD. 

Mr. MATTHEWS. Mr. President, in the last days of the last ses- sion of this body, I gave notice that on this day I would move to 

take up for consideration Senate bill No. 942, relating to the Texas 

Pacific Railroad, in respect to which I had the honor to submit some remarks yesterday. I desire now to submit that motion. 

My object is to bring the bill before the Senate for consideration, 

for discnssion so far as Senators desire to have it discussed," and that 

it may be disposed of finally by a vote of the Senate according to the 

rules of the Senate as soon as the convenience of a majority of the 

body may require it. My object is to have it taken up now. If any one is not ready to speak and desires, however, to be heard upon the 

bill, it can be laid aside informally and so not stand in the way of 

the transaction of any other business of the Senate. Inasmuch as the 

Senate is not clogged at present by any public business of any imperative importance, I trust that the motion will prevail. 

llr. MITCHELL. I des.ire to inquire of the Senator from Ohio if 

he is advised whether any Senator desires to speak on the question · to-dayf 

Mr. MATTHEWS. I do not know of any Senator who wishes to be 

heard to-day. 

Mr. MITCHELL. I would suggest in that connection, as there are quite a number of Senators who are not yet in their seats this session, 

it would be hardly proper, I should think, to take up a subject of 

such magnitude with a view of bringing it to a vote at. once. Mr. MATTHEWS. The Senator probably did not understand that 

I said it was not my intention to precipitate a vote upon the bill, or to urge a vote even, any sooner than according to the rules of the 

Senate and the wishes of a majority of the Senate it might be conven- ient to do so. I desire that every gentl.eman who wishes to be heard 

upon the measure shall be heard, and I do not wish in any way to even reap an advantage, much less take one, from the absence of any 

gentlemen who are opposed to the measure. I simply desire to put 

the bill in the way and in the course of disposition, so that it may 

have its place and be disposed of at an early day in the session, as soon as it can be properly disposed of. 

Mr. MITCHELL. I think there can be no objection, if any Senator desires to discuss the question, to taking the bill up; but I can see very great objection to taking it up with a view of pressing it to a vote at this early day in the session, when so many Senators are not 

present. - Mr. MORRILL. Mr. President, this question is altogether too important to be pressed in he first week of the session. I am very sure that the measure will not lose its place so long as the Senator from 

Ohio is here to back it np, but I should regret that a discussion should 

be forced upon the Senate before members are prepared at all to 

discuss it intelligently. I have no doubt that there will be many 

speeches on this subject before it can be finally disposed of; but in 

the first week of the session it seems to me entirely different from our usual practice to bring forward a measure of this magnitnde for imme· 

diate dis~ussion and disposal. I trust, therefore, the Senat{)r from 

Ohio will not insist upon bringing the question up day by day in the 

very first week of the session. . 

The VICE-PRESIDENT. The question is on the motion of the 

Senator from Ohio that the Senate do now proceed to the consideration of the Texas Pacific Railroad bill. 

The motion was not agreed to; there being on a division-ayes 19,. noes 22. 
32 CONGRESSIONAL RECORD-HOUSE. DECEMBER 4, 

Mr. M..\TTHEWS. I desire to give notice that when the bill is 

taken· up I shall submit certain amendments which I hold in my hand, 

.and I move that they now be printed and laid on the table. 

The motion to print was agreed to. 

HOUSE BILLS REFERRED. 

Mr. WINDOM. I ask that the Military Academy and fortification 

appropriation bill just received from the House of Representatives 

be taken from the table and referred to the Committee on Appropriations. 

The VICE-PRESIDENT. The Chair will lay those bills and other 

bills received from the House of Representatives before the Senate. 

The following bills from the House of Representatives were sev- erally read twice by their titles, and referred to the Committee on 

Appropriations: 

A bill (H. R. No. 5:230) making appropriations for the support of 

the Military Academy for the fiscal year ending Juno 30, 1880, and 

for other purposes ; and 

.A. bill (H. R. No. 5231) making appropriation8 for fortifications and 

()ther works of defense, and for the armament thereof, for the fiscal 

year ending J nne 30, 1b80, and for other purpo..ses; 

The joint resolution (H. R. No. 201) proposing an amendment to the 

Constitution prohibiting the payment of claims of disloyal persons 

for propert.y injured or destroyed in the late war of the rebellion wns read twice by its title, and referred to the Committee on the 

Judiciary. 

The bill (H. R. No. 5219) granting a pension to Belinda McDonald was read twice by its title, and referred to the Committee on Pen~ 

sions. 

The bill (H. R. No. 5220) to amend an act approved August 14, 1876, 

entitled ".A.n act making appropriations for the payment of claims 

reported allowed by the commissioners of claims under the act of ·congress of March 3, 1871, and for other purposes," was read twice by 

its title, and referred to the Committeo on Claims. 

EXECUTIVE SESSION. 

The VICE-PRESIDENT. Is there further business of the morn- ing hour f [.A. pause.] Will the Senate proceed to the consideration 

of the Calendar of general roders ! 

Mr. ED~IUNDS. Mr. President, I move that the Senate proceed 

to the con§ideration of executive business. I belie\e there are some messages which ha\e been received to-day. 

The motion was agreed to ; and the Senate proceeded to the con- sideration of executive business; after twenty-two minutes spent in 

executive session the doors were reopened, and (at one o'clock and 

ten minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, December 4, 1878. 

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

lV.P.~ON,D.D. 

The Journal of yesterday was read and approved. 

ORDER OF BUSTh'ESS. 

The SPEAKER. The regular business for this morning, fixed by ~ssignment under suspension of the rules, or unn.nimous consent, 

which is equivalent, is the consideration of the bill coming over from la~t session, known as the Geneva award bill (H. R. No. 4553) to provide for the further distril:iution of the moneys received under tho 

Geneva award. 

Mr. KNOTT. Mr. Speaker, in consequence of the absence of a num- ber of gentlemen who feel a deep interest in this measure, espeoially 

several members of the Judiciary Committee who desire to be heard, 

I respectft..11ly ask, at their I'equest, that the consideration of this bill 

be postponc<l by unanimous consent until next Tuesday, to hn.ve then 

the same privileges which it now has upon the Calendar. 

The SPEAKER. Is there objection to the proposition of the gentleman fTom Kentucky Y • Mr. REAGAN. I have no objection to making this order if it is 

not to interfere with the previous order with reference to the bili 

relating to interstate commerce. Mr. FRYE. I understand the proposition of the gentleman from 

Kentucky to be that this Geneva a:ward bill shall come up next 

Tuesday with the same rights and privileges which it now has. 

Mr. KN0'IT. Precisely so. Mr. FRYE. That is, to continue before the House from day to day 

until disposed of. 

The SPEAKER. The order of. the Honse on this subject will be 

read, so that the exact posit~on of the bill may be understood. 

The Clerk read as follows : 

June 1, 1878, the bill reported without amendment, made the special order for 

Wednesday, December 4~ 1872, after the reading of the Journal, and from day w day thereafter until disposea of. 

The SPEAKER. The Chair desires to say, in reply to the gentle- man from Texas, [Mr. REAGAN,] that this speciAl order now interferes with t.be unfinished business in which the gentleman from Texas 

is interested; and if this special order is to retain all its I'i(Thts, as proposed by the gentleman from Kentucky and as understood by the 

gentleman from Ma.ine, [Mr. FRYE,] it will o.f course still interfere 

with the other bill to the extent of taking precedence of it as a subject of consideration. . 

1\Ir .. RE.A.G~. Then I do not c~msent to the propo!!ition, because 

the bill to which I have referred lB one about which there is a groat 

deal of anxiety, and I must insist upon its retaining its place. 

Mr. GARFIELD. I desire to inquire whether the bill referred to 

~y .the gentle~an from Texas was no~ itself a special order; whether 

It ts not thus m the nature of a spemal order having the position of 

unfinished business and therefore entitled to priority over a new special order? 

The SPEAKER. The memory. of the Chair is not exact on that 

point. The order of the House will be read. 

The Clerk read as follows: 

.H?us~ bill No. 3547, to regu_late inter~tate commerce and to prohibit unjust dig: 

crlDUDations by common earners, pendmg when the mornina hour expired Ma.y 

9, and made a special order for May 11 after the morning ho~. ' 

The SPEAKER. The gentlemn.n from Ohio is correct; the bill has 

attached to it the characteristic of unfinished business. 

Mr. GARFIELD. My suggestion of course is not made in hostility 

to either of these measures, because I want to hear both discussed · but it occurs to me further that perhaps the six days' rule may stand 

in t.be way of one or both of these bills. 

The SPEAKER. .A.s to the Geneva award bill a particular day was fixed for its consideration under a suspension of the rules which 

suspended the operation of the six days' rule as well as all' others 

inconsistent with this order of the House. 

Mr. GARFIELD. Then the six davs' rule would not apply to that 

bill, bnt it would to the other. u 

The SPEAKER. The Chair thinks n·ot; otherwise the House would 

have inserted some qualification of that kind in the order. The 

Chair hears no objection to the suggestion of the gentleman fr"m 

Kentucky, and it is agreed to. 

REPRINTING OF A BILL. 

1\Ir. BUCKNER. I ask unanimous consent that House bill No. 

4247, a bill reported from the Committee on Banking and Currency 

and proposing to retire the national-bank circulation, be ordered to 

be printed. 

There being no objeetion, it was ordered according~Y· 

SURVEY OF ROCKY 1\IOUNTAIN REGION. 

. Mr. E~EN, by unanimous consent, submitted the following resolntion; which was referred, under the law, to the Committee on Printing: 

:Resolved by the House of Representatives, (the Senate concurring,) That thoro be 

printed at tho Government Printing Office 3,000 copies of the report of the Geo· 

graphical and Geoloaical1:iurvey of the Rocky Mountain Region relatincr to the 

Geology of the High 'Plateaus of Utah, in quarto form, with the necessary 'illustrn.-

tions and charts ; 1,500 copies of which shall be for the use of the House of Re-presentatives, 500 for the use of the Senate, 500 for the use of the survey, and 500 for 

the use of the Smithsonian Institution; the illustrations and charts io bo made by 

the Public Printer under the direction of the Joint Committee on Public Printing. 

:Mr. ~DEN a~so, by unanimous consent, submitted the following 

resolutiOn; whteh was referred, under the law, to the Committee on Printing: · 

Resolved by the House of Representatives, (the Sen.ate concurrina ) That there be 

printe.d at tho Government J?rinting Office 3,000 copies of the r'eport of the Gco- grap~cal :md Geological Suryey of the R{)cky Mountain Region, being volnme 2, 

Contributions to NorthAmencan Ethnology, m quarto form; 1,500 copies of which 

shall be for the use of the Honse of Representatives, 500 for the Me of the Senate, 

500 for the use of the survey, and 500 for the use of the Smithsonian Institution. 

GEOLOGY OF THE BLACK HILLS. 

Mr. EDEN also, by unanimous consent, submitted the following 

concurrent resolution; which was referred to the Committee on Printing: 

Resolved by the House, (the Senate CQnC'Urring therein,) That there be printed at the Government Printing Office 3,000 copies of tho report of the Geographical and 

Geological Survey of the Rooky Mountain Region relating to tho Geology of the 

Black Hills, in quarto form, with the necessary illustrations and charts ; 1,500 

copies of which shall be for the use of the Honse of Representatives, 500 for the use of the Senate, 500 for the use of the survey, and 500 for the use of the Smith· 

sonian Institution, the illustrations and charts to be made by the Public Printer 

under the direction of the Joint Committee on the Public Printing. 

CO:i\IMERCIAL INTERCOURSE WITH SOUTII .Al\IERlCA. 

Mr. WOOD, by unanimous consent. submitt-ed tho following reso· lution; which was read, considered, and agreed to: . 

Resolved, That the Secretary of State and the Postmn.stet.General Le req_um~tcu 

to communicate ro this House an.v information received by them, or eitheJ' of them, 

since last session of Congress in relation to tho commercial and p<>sta.l in~orcours o 

between the United States and the countries of South America. 

COMMERCIAL RELATIOXS WITH :UEXICO. 

Mr. SCHLEICHER, by unanimous consent, submitted the following 

resolution; which was read, considered, and agreed to: 

Resolved, That the President be requested to communicate to tho House of Rep- resentatives, if in his judgement compatible with tho public interest~ a copy of a dispatch dated October~. 18713, addressed to the Secretary of State by the United 

States minister in Mexico, together with a copy of a communication accompanyinrr 

saiU dispatch, upon the subject of commercial relations between tho United States 

and that country.