1876. CONGRESSIONAL RECORD. 933 

Ohio, men and women over the age of twenty-one and eighteen re- spectively, of similar import, to the same comin.ittee. ' 

Also, the petition o~ ~· l\1. Powe:r:s, M. Roberts, L. Curtis, Ella Haydock, and 418 other mtizens of Ohio, men and women, of similar import, to the same committee. By Mr. POTTER: The petition of 18 persons of Saint J osepb, Michigan, and also of 67 cit.izens of the same place, for the repeal of 

the stamp tax on safety matches, to the Committee of Ways and 

Means. 

. Also, the petition of W. W. Sweet, for an extension of the .time in 

which he can apply for bounty under act of July 28, 1866, to the Committee on Military Affairs. 

Also, papers relating to the petition of D. K. Sargent, for relief, to 

the same committee. 

By Mr. RAINEY: Two petitions of citizens of C~nnecticut, for the 

repeal of the stamp tax on safety matches, to the Committee of Wn,ys 

and Me3Jls. 

By Mr. ROBBINS, of ~ennsylvania: . .A. peti~on, signed by a large 

number of names, favonng the extensiOn of md to the Texas Pacific 

Railroad, to the Committee on the Pacific Railrond. 

By Mr. RUSK: The petition of Mrs. Sarah McCooey, for a pension 

to the Commit.tee on Invalid Pensions. ' 

By Mr. S~~ITH1 of Pennsylvania·: Papers relating t.o the petition of 

the Colum b.a Bndge Company, for pay for·dama(Tes done in the burn- in~ of the same IJy order of the United States authorities to the Committee on War Claims. ' 

By Mr. STEVENS: .A. paper relating to a post-route in the Territor,v of .Arizona, to the Committee on the Post-Office and Post-Roads. 

By Mr. STRAI'r: The petitions of R. R. Turritin and ~0 others, of 

Le Sueur .County; of Thomas Welsh and 66 others, of Sibley County· 

of Martin Quinn and 40 others, of Scott County; of H. R. Denny and 

63 others, of Carver qol!-nty; of. Mort Tousloy and 1G9 others, of Le 

Sueue: County; of Vf t~am H. Sigle: and U9 others, of Sibley County ; 

and of a number of CitiZens of the Minnesota Valley, for the improvement of the Minnesota River by :1 system of locks and dams to the 

Committee on Commerce. ' 

By .Mr. SW.A.~: T.he petition. of John B. Braun, to be allowed to 

prosecl!-te a claima~amst the Umted~tatesformoneypaid the United 

State.s m excess of law, to tho Committee of Claims. ~so, the me~orial of S. H. Kettlewell, for pay for services and snffermgs on t~e I thmus of Darien ship-canal expedition No. 1, to the same committee. 

Also,,the petition of John D. Stewart, for pay for property taken by .the Umted States Army, to the Committee on War Claims. 

By Mr. TARBOX: The petition of Nancy J. Leader for bounty 

allowance, to the same committee. ' 

By Mr. TERRY: A paper relating to a post-route 'in Virainia to 

tho Committee on the Post-Office and Post-Roads. 0 ' 

By M.r. TUC~ER: . .A. J?aper relating to a post-route from Gold Hill 

to Eldndge's ~tills, Vugm1a, to t he same committee. ~y l\1r. V .A.NCE, of ~ orth Carolina: The petition of citizens of Wilmmgton, North Carolma, for the repeal of the check-stamp tax to the . Committee of Ways and Means. ' 

By Mr. V .A.N VORHES: The petition of Henry M. D3.vis for relief 

to tbe Committee on War Clnims. ' ' 

Also, papers I"elating to the case of Peter 1\I. Ward to the Committee on l\lilitary Affairs. ' 

By Mr. W .A.RREN: The petition of Jerome Jones and other citizens 

of Boston) Mas achusetts, for a reduction of duties on cruckery ware to the Committee of W avs and Means. ' 

By Mr . .A.. S.WILLIAMS: Resolutions of the workinamen of Detroit 

Michigan, favoring tbe immediate repeal of the re~umption act t~ the Committee on Banking and Currency. ' 

By M.r .. WOODBURN: The petition of Robert McBeth aml 112 

other citiZens of Nevada, for the exten ion of mail-route No. 45116 

from Battle Mountain to Galena, in thn,t State to the Committee o~ the Post-Office and Post-Roads. ' . By Mr. YOUNG: The petitions of John Farley, Matthias App, In· 

d1a~a E. ~ughes, and Ed ward Tucker~ for the reconsideration of their 

chums disallowed by the southern claims commission to the Committee on War Claims. ' 

.A.l ·o, papers relating to a post-route from Woodstock to Bettvville 

in Shelby County, Tenne see, to the Committee on tho Post-Offiee and 

Post-Roads. 

Also, the petition of citizens of Memphis, Tennessee for the repeal 

of the stan~p tax on safety matches, to the Committe~ of Ways and 

Means. 

By Mr.--: The papers relating to the ~laim of 1\I. ,V. Venning 

for supplies taken for the use of the United States Army to the Com: 

mittee on War Claims. ' 

By~· --.-: The pe~ition of Rachael F. Pettit, for a rehearing of 

her clarm agarnst the Umted States disallowed by the claims commission, to the same committee. 

. By ~1r. --.-: The p~tition of l\I~,son Shipman, for a rehearing of 

h1s cla1m agamst the U mted States reJected by the claims commission 

to the Committee on War Claims. · ' . By ~r. -.--: List <;>f a_Pplications for renewal of trusses for hernia, 

diSab1l1ty mcurred while m the United States Army to the Committee on Military Affairs. ' 

IN SENATE. 

TUESDAY, Febt·uary 8, 1876. 

Prayer by the Chaplain, Rev. BYRO~ SUJI.TDERLA...'ID, D. D. 

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

HOUSE BILLS REFERRED. 

The following })ills from t he House of Representatives were sever- ally read twice by their titles, and referred to the Committee on Pensions: 

A bill (H. R. No. 31) granting a pension to Patrick Glackin; 

A bHl (H. R. No. 43) granting a pension to Elizabeth A. Neibling; 

A b!ll (H .. R. No. 104) grant~g a pensi?n to Edward C. Wheelock; 

A b1ll (H. R. No. 215) grantmg a pensiOn to John G. Parr, of Kit- tannin~, Pennsylvania; 

.A. b!ll (H. R. No. 31 ) grant~ng a pension to Annie Failey; 

A lull (H. R. No. 556) grantmg a pension to Alexander St. Bernard, 

of Saint Clair County, Michigan; · A b~l (H. R. No. 93~) grant~~g a pens_' on to William D. Cobaugh; .A. bill (H. R. No. 99t> ) grantmg a penswn to G. W. La Pointe· 

.A. b~ll (H. R. ~o. 1044) grant~ng a pens~on to 1\farg:aret E. W~st, · A bill (H. R. No. 1347) gmnting a pensiOn to RattLe D. McKain· 

A bill (H. R. No. 1596) grant.ing a pension t.o Ruth Ellen Greeht~d • .A. b~ll (H. R. :ro. 1598) grant~g a pens~on to William R. Duncan; 

.A. btll (H. R. No. 1599) grammg a pensiOn to Frances C. Elliott· 

.A. b~H (H. R. N(). 1600) granting a pension t.o Jane .A.. Harris; ' 

A b~ll (H. R. No. 1601) granting a pension to Otis B. Anderson; and 

.A. bil~ (H.~· No: 1602) granting a pension to MargaretE. Cogburn. 

The followmg bills from the Honse of Representatives were sever- ally read twice by their titles, and referred as indicated below: 

A bill (H. R. No. 83) for the relief of James A. Rile, of Lewis County 

Missouri-to the Committee on Military Affairs. ' 

.A. bill (H. R. No. 193) for the relief of Ezra B. Bamett postmaster 

at Norwich, New ork-to the Committee on Post-O:ffic~ and PostRoads . .A. bill (H. R. No. 2.'31) for the relief of Robert Erwin-to the Committee on the Judiciary. 

.A. bill (H. R. No. 247) for the relief of James M. Coffinberry of 

Cleveland, Ohio-to the Committee on Claims. · ' 

.A. bill (H. R. No. 934) regulating the pradice of United States circuit aml ~istrict courts as to the time ~nd manner of instructing juries 

and argmng the cause-to the Commit-tee on the Judiciary. 

.A. bill (H. R. No. 1595) for the relief of John T. Burchell of Knoxville, Tennessee, for services rendered the Government in a' small-pox 

hospital-to the Committee on Claims. • .A. bill (H. R. No. 1803) to provide for the appointment of commissioners to take affidavits &c., for the courts of the United Statesto the Committee ou the .Judiciary. 

The bill (H. R. No. 1802) making an appropriation to pay fourt.e.en crippled and disabled Unio:a soldiers from the 6th day of December 

1875, to the 30th d::t y of June, 187G, was read twice by its title. ' 

Mr. SARGENT. I a.sk that that bill be referred to the Committee on Appropriations. 

l\1r. ED~IUNDS. What have those soldiers done f 

1\fr. SARGENT. I understand that they are extra to the ordinary 

roll of House employes, and have been paid in this manner from year 

to year. There is some peculiarity, some exceptional circumstance 

about this matter, and therefore I ask that the bill may be refeiTed 

to the Committee on Appropriat ions. 

1\Ir. EDMlTh"DS. I did not know but that they were those whose 

services had been clispense<l with. 

Mr. SARGENT. I understand that some of t.bem have been dispensed with, and others of different politics have been put in instead. 

I d? n?t know. that that makes a~y difference in the justice of the 

claun m the mmd of t)le Senator; 1t does not in mine. .A.t the same time I would like to look into that and other circumstances. 

The PRESIDENT p1·o t-empore. The bill will be referred to the Committee on Appropriations. 

COURTS IN CALIFORNIA, OREGON, AND NEVADA. 

The PRESIDENT JYI'O tem]J01'e laid before the Senate the amendment 

of the ~ouse of R: pr ntatives to the ?ill (S. No. 5:3) fixing the time 

of holdrng the cucnlt court of the Uruted States in the districts of 

California, Oregon, and Nevad..'t. 

The amendment of the House of Representatives wa-s to strike out ~ear the beginning of the second section the word "February" and msert " l\larch;" so as to read, "that this act shall take effect on the 

1st day of 1\farch, 1S76." 

The amendment was concurred in. 

PETITIONS AND l\IEMORIALS. 

Mr. WITHERS presented the petition of Mary Hackley prayino 

that, as the l~gal repre ~ntati>e of Robert J. Hackley, sh~ may b~ allowed the preference nght of purchase of one hundred and sixty 

r~s of land, formerly located under the pre-emption laws of t l.lo Umted States by her husband in the State of 'Florida· which was referred to the Committee on Public Lands. ' 

He al o presented the petition of Frank G. Seilseney·and other heirs 

of Jacob Senseney, deceased, praying compebBation for the use aud 
'934 CONGRESSION~L REOORD. FEBRUARY 8, 

occuoation of certain buildings in Winchester, Virginia, by United 

States troops in 1"64 and 1835; which, together with the papers already on file in the case, was referred to the Commit.tee on Claims. Mr. KELLY pr ented a petition of citizens of the State of Oregon 

and Territory of Idaho, praying Congress to establish a mail-route 

between Salubria,, in Idaho, and Sparta, in Oregon; which was re- f erred to t.lle Committee .on Post-Offices and Post-Roads. 

Mr. WINDOM presented !L petition of 1,660 citizens of Minnesota 

anfl Wisconsin, prayin& for an appropriation to complete t he Fox 

Hiver improvement, and. for the construction of a canal from Portage 

City, Wisconsin, to Prairie du Chien, Wisconsin, iu accordance with 

tho t hird plan recommended by General Warren; which was referred 

to the Committee on Commerce. _ Mr. CAMERON, of Wisconsin, presented the petition of B. L. Cornish, praying pay as second lieutenant of Company D, Thirty-second 

regiment Wisconsin Volunteers, from November 11,1864, to .Tune 12, 

1865; which wn.e referretl to the Committee on Military Affairs. 

l\1r. ENGLISH presented tlle petition of John W. Bishop and 150 

other citizens of New Haven, Connecticut, for the issue of fifty-year 

3.65 gold-bearing bonds; which was referred to the Committee on Finance. - · He also presented the memorial of A. S. Sutton and a large num her 

of other citizens of the District of Columbia, remonstrating against 

the appointment and confirmation of certain polic commissioners; 

wllich was referred to the Committee on the District of Columbia. 

1\ir. HOWE. I pre ent a joint resolution of the Legislature of Wisconsin, which I ask may be read. 

The PRESIDENT pro tempore. The resolution will be reported if 

there be no objection. 

The Chief Clerk read as follows: 

STATE OF WISCONSIN, OFFICE OF SECRETARY OF STATE, 

Madison, February 3, 1876. 

Sm: I have the honor to inform you that the Legislature of this State bas adopted the following joint resolution No. 2: " Whereas a bil1 was introduced in ilie United States St!llate on the lOth dav of January, 1t<76, by Senator SarJ!ent, of California, entitled 'A bill to r estore the lands conuitionaUy grant(·d. the conditions of which have l,.psed, to the public domain,' 

which bill would inclutl~ the grant of lands made to the Stat{) of \Viscons·n by acts of Con~ress appro,·ed June a, 56, and May 5, 1!364, to aid in ilie construc- tion of a rrulroad from ilio Saint Croix .Hiver or lake, between to·wnships 25 and 31, 

to the west enrl of Lake Sup rior and Bayfieltl; ' and whereas forty mile." of road have been built by the company to which has been given said grant by tbe Stat{) of Wisconsin, in cousi,leration thereof, n.nrl 8'\iu company is preparing and proceediug to huilu tJJ remainder of said road, and the passa;re of said Uuittl(l . Stat-es Senate bill woulll work great injustice to the State of 'Visconsin, to sai1l railroad company, and especially to that part of the State through which said road i to ra.u: "Resolved by U~-e se-nate, (the assembly concm·ring,) That our Sena.tors m Congress are instructlld, and our Representatives thnrein r equested, to oppose so much of said bill uow poniling in the United States ~enate as will affect said grant of lands ma,de to the State of Wisconsin. . "Approved F ebruary 1, 1876." 

Very respectfully your obedient servant, 

Hon. TIMOTHY 0. How.E, 

Washington, District of Oolumbia. 

PETER DOYLE, 

Secretary of State. 

Mr. HOWE. I ask if the Committee on Public Lands has reported 

the bill referred to in this joint resolut.ion Y 

MI·. OGLESBY. What is the title of the bill f 

:Mr. HOWE. "A bill to rest,ore the lands conditionally granted, 

the conditions of ·which have lapsed, to the public domain." 

Mr. OGLESBY. No such bill has been reported from the Committee on Public Lands up to this time. 

1\lr. HOWE. I move that the resolution be printed and referred to 

the Committee on Public Lands. 

The mot.ion was agreed to. 

Mr. CA~iERON, of Pem1sylvania, presented a resolution of tl1e Ves- sel-Owner ' and Captain's As ociation of Philadelphia, Pennsylvania, .against transferring the execution of the shipping-commissioners' · act from the Depnrtment of Justice to the Treasury Department ; 

which was referred to the Committee on Finnnce. 

He also presented several petitions of citizens of Philadelphia and 

other parts of Pennsylvania, manufactmers of and workers in iron 

and con.l, praying that Congress aid in the construction of the South- ern P::~.cifi.e Railroad; which were referred tu the Committee on Rail- r oads. 

He also presented a ~ommnnication from Hon. Hamilton Fish, Secretary of State, transmitting a commUlJication from Sir Etlward 

Thornton, British minister, in r elation to tho bestowal upon Hon. W. 

L. Scruggs, minister resident of the United Stat,es at Bogota; of a present as a recognit,ion of vaJunble services to Her Majesty's government by the said United States minister in the arbitration and settlement of the claims of certain Brit ish subjects against the government 

of Colombia; which was referred to the Committee ou Foreign Relations. 

He also present-ed the petition of t.he western quarterly meeting of 

the religious ociety of Friends, of Chester County, Penns;rh·ania, and 

parts adjacent, praying for the appointment of a commission of inquiry int.o the resnlts of the traffic in alcoholic liquors ; which wa.s ordered to lie on the table. 

REPORTS OF COJ\DllTTEES. 

. Mr. SHERMAN, from t.be Committee on Finance,· to whom was re- . ferred tlle bill (S. No. 10) to secure depositors in the Freedman's Savings and Trust Company from ultimate lo s, reported adversely thereon, 

ancl the bill was ordered to lie on the table. ' 

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

(S. No. 265) authorizing the Secretary of the Treasury to pmchase · the building known as the l<,reedman's Saving -Bank, situatetl in the 

city of Jacksonville, to be u ed a a. custom-house and post-office, a ked to be discharged from its further consideration, and that it be 

referred to the Committee on Public Builtl.ings and Grounds; which was agreed to.· 

He also, from the same committee, to whom was referred the petition of Henry l\1. Nagle, of California., praying to be refunded a sn m equal to the amount of revenue-stamps affixed to maimfacturc(l 

brandy destroyed by tire before it could be sold, asketl to be discharged from its further consideration, and that it be referred to tlle 

Committee on Claims; which was agreed to. 

1\Ir. KELLY, from the Committee on Public Lands, to whom was referred the bill (S. No. u) for the sale of timber lands iu the States 

of California and Oregon and in the Territories of the United States, 

reported it without amendment. 

JOHN A. TORRENCE. 

}ofF. McDONALD. I am directed by the Committee on Public 

Lands, to whom was referred the bill (S. No. 269) for the relief of Jolm 

.A. Torrence, to report it without amendment and recommencl its pat:;-

sage. I desire the present consideration of the bill, and senti with it 

to the Chair to be read a letter of the First Comptroller of the Treasmy showing the necessity for its passage. I ask that it be acted upon 

at once. 

By unanimous consent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It authorizes the Secretary of the 

Treasury to pay to John A. Torrence, late receiver of pnl1lic mon vs at the land office at Harrison, .AI· kansas, t.he sum of 281.59; . an c). to cause the further sum of $177.36 to be passed to his credit, in order to 

close his account as disbursing agent. · The PRESIDENT pTo tmnpore. The letter accompanying the 'bill 

will be reported. 

The Chief Clerk read as follows: 

TREASURY DEPARTMENT, COMPTROLLER'S OFFICE, 

December 14. 1875. 

Sm: Your account for the second full quarrer of 1875 bas been adjnst.ed per re- port No. 26:J03, and there bas been found to be dne to yon tho sum of $458.95. 

Your account as disbursinJ! agent for the ame perio:l h:r also been adjur<tecl per port No. 26202, and thoro has be n found to 11 ~ (lne from yon tho sum of 177 ~! 6. 

. This sum, l17.:36, deuucted from tho amount, $458.9J, due to you a rt>.ccin:r, would leave a. balance clue to you of 2131.59, which sum cannot uow be paid to _you, for tbe reason that the $458.95 appears on the books of the Treasury as an ovonle- po. it by you; and baring been covered into the Trea::~ury by warrant, can only be 

paid to you by act. of Congress. · It is suggesterli in the event you apply to Congress for relief, that the amount asKed for shouh bo $4.:i8.95, provitletl that 177.36 of the sam shall be pa sed to yom· credit on your account. as disbursin~ ageiJt, in order to close the same. and the residue, ,.281 59, ca.n bo forwarded to yon by a Treasury draft, thus closing your account on t iJ e books of the Trea ury. Very respectfully, 

R. W. TAYLER, 

0011.ptroZler. 

The bill was reported to the Senate without amendment; ordered 

to be engrossed for a third reading, read the third time, and passed. 

LOUISVILLE BAPTIST ORPHANS' HOME. 

Mr. KERNAN. I am directed by the Committee on Finance, to 

whom was referred the !Jill (S. No. ~59) for the benefit of the Lonisville Baptist Orphans' Home, to report it without amendment, and if 

there be no objection I ask for its pre ent consicleration. If Senators 

desire, I w-ill state its object. 

By unanimous consent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It provides for the payment of 126, being the amount of two United States 5.20 coupons of $3 each, muu- bers 4969Vancl31G,dne 1st of Ja.nuary,1875,ancl alsofonr Lonis.,.iJlo autl 

Portland Canal conpons, of 30 each, numbers 1398, 1399, 1400, a11d 

1401. clue 1st of Jan nary, 1875, belonging to the Louisville Baptist Orphans' Home, and which we.re incl~se~l iu a Jetter a.ud mailocl by George 

W. Norton & Co., bankers m Lomsvillc, Kentucky, to Messrs. Nolan, 

Slaughter & Co., N'ew York, which letter was registered in the Louis· 

ville post-office on the 5th of January, 1S75, and destroyed by fire at some point between Baltimore a.ncl Wa hington, on th 7th of January, 1875. But the Secretary of the Treasury is to take from t.he 

claimant before pa.ymeut a bond, with good security, for the prottlction of the United States. · 

The bill was reported to the Senate without amendment, ordered 

to be engrossed for a third reading, read the third time, and pa ·ed. 

BILLS INTRODUCED. 

1\Ir. Mc1HLLAN, in pursuance of previous notice, asked and 'obtained lea.ve to introduce a lJill (S. No. 413) c tabli.·hlng the port of 

Saint Paul, :Minne ota, as a port of apprai al; which was r ead twice 

by its title, referreu to the Committee on Commerce, Ulld ordereu to 

be printed. . Mr. WINDOM asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 414) establishing the port of Du Lut.h, l\1innesota, as a. port of appraisal; which was read twice by its title, 

referreu to the Committee on Commerce, and ordered to he printed . .Mr. FRELINGHUYSEN askeu, antl by unanimous consent obtained, 

lea e to introduce a bill (S. No. 415) to provitle an exchange of laws 
1876. CONGRESSIONAL RECORD. 935 

and reports with the several States; which was read twice by its title, 

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

PAPERS WITHDRAWN Aloo.'D REFERRED. 

On motion of Mr. CAMERON, of Pennsylva-nia, it was 

Ordered, That the petition and papers in the case of Daniel Miller be taken from 

the files of the Sen'l.te and r PfeiTed to the Committee on Pensions. 

FIRST NATIONAL BANK OF SAINT ALBANS. 

Mr. WRIGHT. I ask the Senate to proceed to the con~idemtion of 

Senate bill No. 58, reported from the Committee on Claims. It will 

take bnt a very few moments. It is a bill which passed the committee last session, and also this session, unanimously. 

Mr. CLAYTON. Does the Senator think that bill will elicit any 

discussion Y 

Mr. WRIGHT. 

Mr. CLAYTON. 

Congress' 

I do not think it will. 

Was it before the Senate at the la~t session of 

Mr. WRIGHT. It was before the Senate at the last session of Congress. It elicited no rl.iscussion then, as I remember. It did not pass 

for want of time. It is reported unanunously by the commit.tee. I 

understand the position of the Senator, and I do not want to antagonize his bill, but I shall be very glad to get this bill ilispose.d of. 

Mr. CLAYTON. If it leads to no debate, I have no objection. 

Mr. WRIGHT. I move to take up tho bill. 

The motion was agreed to ; and the Senate proceeded, as in Committee of the Whole, to consider the bill (S. No. 58) to pay the First 

National Bauk of Saint Albans, in the county of Franklin and State 

of Vermont, the value of certain United States Treasury notes held 

by said bank as financial agent of the United States, and forcibly 

taken therefrom by raiders from Canada in October, lt;64. An amendment was reported by the Committee on Claims, to strike 

out in lines 10, 11, and 12, the words: "With in"terest thereon from 

the 19th day of October, 1864, to the time of such payment." 

Mr. SHERMAN. I should like to have the report read. 

The Chief Clerk read the following report, submitted by Mr. CAMERON, of Wisconsin, from the Committee on Claims, on the 26t,h of 

January: 

The Committee on Claims, towbomwasrefeiTedthebill (S. No. 58)topaytheFirst 

National Bank of Saint Albans, in the county of Franklin and State of Vermont, 

the value of certain United States Treasury notes held by said bank as financial 

agent of the United States, and forcibly taken therefrom by raiders from Canada, 

in October, 1864, having considered the same, submit the following report.: On the 19th day of October, 1864, the Saint Albans mid occurred. On that tlay, at a littl~ after three o'clock p.m .. parties of from three to five persons entered the 

three villa!!O banks in that village. The~ were !\rmed with large Navy revolvers 

concealed under their coats. They had oelts rutd trnvt~ling-bags, or bavet"sacks. In two of the banks a. C$l.Shier and teller wore present; in the other, only tho cashier. · 

The raiders said t.hey ware confederat-e soldiers; had come to mb the banks and 

fire the villasre, and presentin:r their pistols at tho bank officers threatened them 

with instant de.'\th if any resistam.:e was matle or alarm giv~n. Thus securing the pe1 ons of the bank officers, they proceetlctl to rob the banks. W bile these parties were thus en!!a!!etl in the banks their associates on the out- side were gathering horses from tho hotels and li•e1-y sta\Jles in order to mount aml 

ride for Canaua. In this they met with consiuerablo resistance. They tired their 

pistols at persons p<tssing in the streets, ancl shot a Mr. :Monison fatally, and sc- riouslv wonndcd a Mr. Hm tingt.on. They attempted to set fire to a hotel and some other buildin_gs with" GrePk ti.re." 

The b'l.nks were soon plunderecl, the horses got together and saddled and bridled 

and within thirty minutes from the time the banks wero entered t.he whole partY 

of ra~dcrs were galloping ~or Cana•la. They al'l'ivecl at Freli~hslmrgh, a little ~-ilIa"~ m Canada, about n. nnle and tt half north of the boundery line, about six o'clock 

in the evf'.ning, anu Within three hours-after the time they be~n their outrage. 

to ~~~:ho~;n~ ~dbi~e~:;::~~~dJ~£t~~~~~!t!~e~~m~;_rsed, each one seeking 

The citizens of Saint Alb:ins. recovering from the surprisl' of such an unex•vected 

attack, immec.liately ~ot what few fire-arms couhl be found, and a party of about 

twenty, under Captam Conger, followell the raiders in bot pursuit, and aiTived at Freligb burgh soon after them, probably b.v half pnf!t six o'cluck p. m. Soon after Captain Conger's party bad left Saint .L\J.bans, another party of citizens went in pill'snit of the rdrlers, taking another road for the purpose of cuttintr them 

off, and arrived at Frelir.hslmr_gh very early on the morning of tho 20th of October. TI.J party of ~cricansat Freligh ~urgh, numburiugonly from twenty to twenty- fixe on the evcnmg of ti.Je 19th, had mereased to forty or tiity early on the morning 

of the 20t.h. Judge Hoyt, ono of tho directors of the First Kational Dank, and lli. 

CL'!J'k and Mr. Burton, two of the directors of the Franklin County Bank, were of 

tho number. It was c_hietly due to the activity and energy of the party of Ameri- cans that ten of tho rmders were arrested on tlie ni!!ht or the 19th and tho morn in,. 

of the 20th of October, and secureu by the Canadian authorities, and that $74,000 

of the st~lcu money wa.s recovered Wiihin twelve or fourteen hours after their arrival at Frelighsburg-h. 

On the 24tb of O'ct,ober, proceedings were commenced llefore Jud.,.e Coursol for 

the extr:.uliLion of tho fourteen raiders then in custody. Various pr'Ocecdin..,.s aml 

delays took place. Finally, on the 13th of Decem her. Juclge Coursol decided that 

he I ad no jurisdiction of the case, and set the vrisoners free. 

This deci ion of Judge Coursol was disapproved by the Camuliau authorities and 

Sir George Cartier ordcreu the re-aJTest of tho raiders, to be tried before an~ther judge, and offered a reward of ::oo for the apprehension of ea(lh of the· escaped pris- oners. Niue of the prisoners escaped; file were re-arrested. 

Tho fiv<: raiders re-arrested .wt:re tried before Judge Smith. H.e _held that tJ~ey 

were bcll1~erents, duly comirussiOned by the confederate authonhes and actin"' 

under the tmmed.tate orders of C. C. Clay, jr., confederate aa-ent· that their act~ were not robbery and murder, but belligerent acts; aml, ther~foro, t-hat they could . not be delivered up nuder 1hc !-'xtradition t•eaty; and be discharged them. Juno 22. 1864, the First National Bank of Saint Albans was dPSi!mateU. a depository and financial agent of the United States, and was authorized' to receive subscriptions for bonds and Treasury notes of the United 'tates. The bank did r ecciv<', in ~ept.ember and the early part of October, sub criptious to the amount ?f $35,000 for three-years coupon Treasury notes, bearing 7.3 per cent. interest, 

lSSucd under the act of June 30, 1864. Tho money on theso subsc iptions was paid ~nto tho bank and placec.l to the credit of tho Treasurer of tho United 't:...<ttes· re- p01t thereof was made to him, the Treasm·y notes were ordered for tho :mllscribel'l:!, 

p 

and, October 15, 1864, were received to the amount of $35,000. The bank imme· 

diately notified t.he subscribers, and by the 19th tbey bad delivered $13,350 of them to subscribers residing in Saint Albans and vicinity. The remainin"" notes, 28,650, 

being the subscriptions of thirty persons, were seized and carried oft"by the raiders, together with la.rge amolmts of money and other property in the safes of the bankThe thirty subscribers demanded the delivery of the notes or the return of the money to them. The officers of the bank immediately after the raid notifie(l the State and Trea,s. 

ury Departments of the United States of everything that ball tr--...nspiretl in con- nee· ion with said r:1id. They furnished said Departments at once with all the denomination::; of saicl Treasury notes which had been seized, with a request that said Department woul:d caveat said ·Treasll'y notes on the books of the Department, 

which wa-s done. 

The bank also issued a circular containing numbers and stating that said Tre:Jo.'i- urv notes hatl been ca•Jeated, and warning all persons from taking or negoti:.o.ting 

the same. This was sent to every "bank and banker in the United States, so far as possible, and vublished in the city papers. These Treasury notes were payable in 

blank, no payee named. 

Notwithstanding all this, the Treasury DeJ?artment paid or converted the same in the condition tliey were ~u when seized, Without any vayee named iu the same, and the bank had no notice thereof until after they were paid or converted, and was deprive.(l thereby of showing that said Treasury notes were presented by or on behalf 

of parties havinsr guilty knowled~e that the same were seized unlawfully from t.ho 

bank, and that the title to the same was in the United States. 

This course may have been a prudent course for the Government to pursue at the time,~ giYe negot.iability to its semnities; but it should not have been dono to t.he prt'judiee of t-he petitioner without at the same time recognizing its right to indemnity. · The bank having been importuned for payment for more than a year by said subscribers, to rehtJvo ·itself from embarrassment and injury arising from clamor and 

threatened litigation, gave to the subscribers t.he amount of their everalsubscriptions, under protest, in order t{) sa•e the credit of the bank, believing that the Gov- ernment would fullv re-imburse it. 

It appears from the affidavit<> submitted to your committee that the bank followed su bstautially the instructions and customs of the Department in traDSa(lting 

the btl.Siness. 

The case, therefore, squarely presents the question whether" a designated depository anu financial agent of the Government," authorized and "required" to receive and disburse public moneys, to redeem currency, to receive subscriptions 

for Government secmities, and t~ hold anti deliver the same to subscribers, under 

the orders and directions of the Secretary of the Treasury, and while in tho xer- cise of such duties ami obligations such moneys anti uotes-t.he property of the Gov- ernment-are forcibly seizetl by au overpoweri.n;:r force of the enemies of tho aid 

Government, without tho fault or neglect of said officer or agent, being a loyal citizen of such Government, is entitled to r elief. Your comtu it~e are of the opinion that it·cau hardly admit of a doubt. 

As a prinoiple of law, it cannot be denied that" an officer" or agent of the Gov- ernment is ouly bound to exercise "a degree of care and diligence liS the custodian 

of public moneys, or securitie.<>, which a careful, prudent III&IL would require of his a~ent in a ma.tter of private interest or exercise in his cr.vn affairs," and is only 

liable for negligence or fraud. Tbe rule a.<> laid down in the case of The Un:t~d 

Sta,tes vs. Tnomns (15 Wallace, 337) is as follow:~, namely: "A collector or receiver 

of public money1 under bon<l to keep it safely aml pay it when requirP.rl, is not bound to render the money at all events, but is ex<:usetl if prevented froru rendering it by the 'let of God or the public enemies, without any neglect or fault O'l his 

part." . The court bolus in the same case that "the late rebellion, beiu~ a :'lUblic war, the 

forcible seizure by the rebel authorities of public moneys in the bands of loyal 

Government a;rents, against their will and without their fault or neglip:ence, was a suffici ent discharge from their obligatiotl.S in referencQ to sahl moneys." 

These legal principles have been fully recognized :md a<lopted by Congress. The cases are uumetous ancl deci~ive upon this point. See the following: 

Act to relieve D. 0. Clevel.aml, postmaster, Laws 187:i, pa~a 722. 

Act to relieve A. A. Vanco, postma..~ter, Laws 1811, page 69!l. 

'&hi. is also the case with larceny from paymasters of the United States Army 

and Navy in numerous cases. · Act to relieve JohnS. Cunningham, p:tym'l.Ster United Sta.tcs Navy, Laws 1868, 

page358. 

Tho rule has also been extended to mail.coutrnctors for horses captured by rebel 

forces and ~ucrrillas during tho war. · See joint resolut.ion to pay John R. Berklt~y, Laws 1867, pa~e 644. 

Congress pai(l Thomas C. Ma~ruder m011ey stolen from him belongiu~ to the 

Government, after the same bad neen refunded by hi-m to the Government. Laws of 1873, page 76Z. Your committee are satisfied that this bank, at the time of the raid, and from June 22, 18G-I, was a duly.autborized agent of the Government;, that., without any fault Ot' ne<>ligeuco, whilo acting as such agent, it sustained this loss, and that ita 

claim for tiris amount, ,.28,650, is jnst, and ought to be paid. We strike out of the . bill the clause directing the payment of •• interest. thereon from the 19th day of October, 1864," and recommeml the passage of the bill as amemled. 

Mr. SHERliAN. Mr. President, I would rather that bill honlfl go over until to-morrow, so that I may have an opportunity to examintl 

it. At present, I am very clear in the opinion that there is no case at 

all against the United States; bnt I should like to look at the statute 

which defines the duties and obligations of these banks, who, for 

their own profit, undertook to sell bonds of the United States. These 

bonds were sold by the United States, sold by this bank for the 

TTuited States, and the bonds were delivered. ~ow it seems to me thu.t 

to make the Government responsible for· the safe custody of these 

bomls bv the banlr would not be fair. 

M.r. W R~GHT. I .am ver~ certa~ th~t my fri~nd as cbairm~u of 

the Committee on Fmance, tf he will ca:st ba,-ck h1s memory, Will re- member that we have passed one or two bills precisely of this character, and I think they were passed tlu:ough the Finance Committee 

when I was a member of it. I am :r:wt oertain as to that, but I think 

the fact is so. Mr. SHERMAN. The report has. been. read, and I will look at the 

law if the Senator will let the bill go ov.er until to-morrow. 

Mr. WRIGHT. With theunderstand.i;ng that I shall have consent to take this bill np to-morrow morning-immediately after we disposA of 

the morning bRSiness, I will consent to let it pass over now. I understand I have unanimous con ent for that. 

The PRESIDENT p1·o tempore. The bill will be postponed till tomorrow, no objection being· maue to that disposition of it. 

Mr. CLAYTON obtained the floor. 
936 CONGRESSIONAL RECORD. FEBRUARY 8, 

COMMI'ITEE SERVICE. 

The PRESIDENT pro tempore. The Chair will ask the indulgence 

of the Senate to say that while ever ready to do his part of official 

labor, be finds that service upon three committees and the requirements of the Chair are incompatible. To do justice to the Chair and 

meet the expectations of the Senate, it is impracticable to answer the 

freCJnent sessions ofthe Committee on Finan?e and perform o.ther cgmmittee labors. He therefore asks to be relieved from serVIce on the 

Committee on Finance. Will the Senate excnsethe Senator from Michigan in the chair from further service on the Committee on Finance? 

The question being put, Mr. FERRY was excused. The PRESIDENT pro tempore. How shall the vacancy be filled! 

Mr. SHERMAN. I move that the Chair fill the vacancy. 

The motion was agreed to unanimously; and 

The PRESIDENT pro tempo1·e sub~quently appointed Mr. CoOPER. 

PUBLIC LANDS IN SOUTHERN STATES. 

Mr. CLAYTON. I move that we resume the consiuera.tion of Senate bill No. 2. ' 

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

Whole, resumed the consideration of the bill (S. No.2) to repeal ec- tion 2303 of the Revised Statutes of the Uni~ed States, making re- strictions in the disposition of the public lanus in the States of Alabama., :Mississippi, Louisiana, Arkansas, and Floriua, the pending 

question being on the amendment of Mr. EDMUNDS to insert the following proviso at the oud of the bill: 

And pro1Jided, That the public lands affected by this act shall not be open to pri· vate entry until the sa.me shall beofferedatpublicsaleafterthepassage of this act. 

Mr. CLAYTON. Mr. President, on reflection I am inclined to ac- cept the amendment of the Senator from Vermont, somewhat modified, however, in a manner which I think be will himself agree to. 

I send to the Clerk's desk an amendment in the nature of a substituto 

for the amendment offered by the Senator from Vermont, and ask that 

it be read. 

Tbe PRESIDENT pro tempore. The amendment to the amendment 

will be read. 

The Chief Clerk read the proposed amendment; which was to strike out all t he words after "p1·ovided," and insert: 

'];hat the public landsaffecte.llly this act shall be offered at public sale as soon as practicable, from time to time and according to the provisionR of existing laws, 

and hall not be subject to private entry until they are so off~:~red. 

Mr. CLAYTON. Mr. President, this amounts to about the same thing as the amendment of the Senator from Vermont. The objection 

I have to his amendment is, t.hat it does not require ~hese lands to be 

offered at public saie. It says they shall not be subject to private 

entry until they ~re flffered at. public sale; but there is no law now which requires lands to be offered twice; and in view of the fact that 

his amendment does not require t.hese lands to be offered at public 

sale with a provision covering that point that they shall be offered 

from time to time under the provisions of existing law, I think I can 

accept bis amendment. In <loing so, however, I want t.o say that I am clea,rly of opinion my elf that the result will prove, after the sales are bad, \Vhen the expenses of conducting those sales, of advet·ti~:~ing 

in the newspapers this immense amount of lands to be offered, are taken from t.he products of the sales, that the Government will realize 

less than a dollar aud a quarter an acre for them. I think you will 

find that the whole system of ofiering lands at public sale generally 

results in the Government getting but a dollar and a quarter an acre for those lands. But in view of the fact that there seems to be an impre ion here that t-hee lands are valuable, and in view of the apparent propriety of these land , if valuable, being subjected to public competition, I am perfectly willing to accept the amendment. It 

will delay somewhat the bringing of the lands into market, but will 

eventually accomplish my purpose. 

1\lr. ALCORN. Mr. President, as I remarked when I had the honor 

to address tlle Senate a few uays ago on this subject, the people of 

the State of Missi sippi feel no interest whatever in the passage of this 

bill, either one way or the other. A feeling came upon me when the 

question of the repeal of the pre ·ent law was pre ented, of injustice 

to the people of the State of Mi 'sissippi that they should be made an exception with regard to the public lands that lay witbin their dominions. · . I am opposed to this amen<lment which is accepted by the Senator 

from Arkansas; :md t,ho grounds upon w bich I bnse my objection are 

entirely tho e which appertain to the pnblic. I repea.t my constituents feel no intere t in the world in the pa sage of this bill; but 

the public bas an interest, and that interest I now venture to undertake to protect. 

Are there Senators here who know anything of the operations of 

the sales of public lands by the Government of the United States f 

The Jong experience that we have had in Mis issippi on that subjectand I have lived long enough to speak from the book in what I say 

here-is that in no instance where the public land have been offered at public sale have they been to any consider able extent sold 

for any more than the minimum price. There are four millions of acres of woodland now in :Missi sippi. I have stated to the Senate 

that these la.nds were offered fo a long period of time at a dollar and a quarter an acre; that in the flush times of the South, when lanu was worth five or six hundred per cent. mor~ than it i to-day, they were not sold; that they we~c gradru-..ted down to twelve aud a. baH 

cents an acre, and still there were no purchasers. I have stated the 

fact, which the public records show, that, of the lands heretofore purchased of the Uniteu States at a minimum price of not le than a dollar and a quarter per acre, Mi$si ippi to-day owns two million aeres that have been forfeited for the taxes, forfeited for a number of years, 

forfeited from the time when the war clm;ed; that quite recently tho 

State of Missis ippi, in order to induce those who ·e lands had been 

forfeited to come and pay the taxes, by an act of the Legislature 

agreed that the former taxes should be abated, together with the 

costs, npon all lands held by the State that might be paid upon in the 

year 1874. The proposition wa , "Come and pay your taxes for the 

year 1874 and all the a.rrears of taxes shall be' abated." The fact is 

further shown by the record that not 2 per cent. of the lands that had 

before that time been forfeited were redeemed unuer this proposition. 

Now, if you pass this bill with the proposed amendment what will 

be the result T The receipts will be swallowed up by the expeusi ve operation : the foro;mla of offering these lands for sale i Janus that 

have been in the market for :fifty years; lands that have L>een offered 

at twelve and a half cents an acre; lands in a State where to be the owner of land is to have au mcumbrance upon your shoulders, Jandloving people though they are. Things have got_ to sncb·a pass that 

to-day the people of the State of l\lississippi have forf ited their lands 

to tlle extent of 2,000,000 of acres in the richest portion of Mississippi, 

in that alluvial uistrict tllat produces a bale of cotton to the acre. I shall be pardoned for speaking of that which I know, of t.hat which 

appertains to myself, when I say that I have permitted to be sold for 

taxes lanus that were purchased by me twenty years ago at from five 

to ten dollars an acre, and that I have refused to avail my elf of the 

opportunity, in 1 74, of purchasing tho e lands for the taxes of that 

year. Why'i Because of the fact that I knew the taxes would be 

continued from that time forward; anu the same reasons which induced me to leave those lands go to the State were the reasons that 

impelled me to refu e the proposition that was made. . . There is only one way in the world in which the Government can be benefited or anybody benefited in Missi:;;~ippi by the· clispo ition 

of the e lands. As I said the other <lay, there are some timber lands on the waters of the Pearl Rivernena the sea-coast, where the milling 

interests, the lumber interest , have ~-,rrown np since the war. _The 

lands there are being: denuded of their timber; the Government 

lauds are being despoiled. Under the operation of your bomestcacl 

law, strangers come there from abroad, for the e mills are not owned 

and not worked, as a general thing~ by the people of .Mi ·si · ippithose I mean of the clas of people who lived in l\1i si~ippi before 

the war, but they aro enterprising men, sir, from your own Rtateenter:pri ing men from theN orth. These enterprising men have come there and they succeed in obtaining a homestead of forty acres under 

the operation of the homestead law as it now exits, and thi is 

about the only way in which any of the lands have been dispo ed of. 

They obtain a forty-acre tract under the homestead law, anu upon 

this license they go and cut the timber off hundreds of acres of the 

public lands, cut wherever tbe.y choose. They have a claim upon the 

forest, and this claim they assert in t.he form of ax-men that go there 

and cut it down by the hundred acres. _ If the bill were paased in the form that it was introduced by the Senator from Arkansas in the first place, the result wou}U be that the e men would go and enter the land at· a dollar and a. quarter an acre. They woulu pay that for it; but if you put it up at public auction 

what will be the result Y The expense of the sale will attach t.o t.he 

Government; the ·e men will form combination , and not one acre will 

sell for more than the minimum price. I clo not believe, in truth, that 

under the bill as it now stands 10,000 acres of this land will be en- tered in the State that I represent. i am tmre that, if it paases with 

the amendment that is now proposed, the result will he a tax upon 

the Government, a tax on the Government whereby the expen e. of 

the offer of the land at sale will largely exceeu in money what m~y 

be ueri ved from that sale. I am inditforent, I repeat, o far as my own constituents are concerned; but I feel it my duty to speak for my own State here, in behalf of the pubJic welfare, which will not be an advance by tlJis amendment, but will be retarded. The Government will be mulcted in beavy costs. The report of the Land Commissioner will show, I venture the a ertion, two years from this time that thousands of dollars have been paid in the State of .Mi issippi 

to discharge the expenses of offering this laml for sale, whereas the 

sales themselves will not pay more than one-half the cost. 

Now, having said this much, Mr. President, I shall ay no more. I 

shall vote for the bill. 

Mr. OGLESBY. Mr. President, I have said nothing in the debate on this bill so far, and, indeed, I had expected not to say anything ; 

and I shall say but little now. The bill was referred to our commit- tee, and was fairly considered in committee, and a majority of the 

committee recommended its pa sage. It is perhaps due from me, con- sidering my relation to that committee, that I should state here that 

I am opposeu to the passage of the bill, and am still oppo ed to it, aud 

shall vote against it. It is a question of some ma~nituue; aml g-en- tlemen more immediately and locally interested in tt than those of us whose States are not to be afiected· by the bill, feel a very con iderable anxiety that the bill shall pass at an early day. I have been oppos d to the bill for a few reasons, which I will briefly tate, and then 

let it take its colll'8e. 

lt is said tthat these are chiefly barren pine lands, a,nd that they 
1876. CONGRESSIONAL RECORD. 937 

will not be taken for homestead settlement; thati since the close of 

the war but a small portion of the public lands in the e States has 

been taken for actual settlement; and since they are chiefly barren 

pine lanu , and will uot probably be taken for home teads, the argument is that it will be better to put them in the market at the miniimum price of a dollar and a quarter an a,cre, and thus get that 

much revenue from them for the Government. Of cour e, Mr. President, I am not acquainted with these lands to any very considerable 

extent; but I bave snppo ed, and do still suppose, that .in many loca.lities, even in the region of the barren pine-timber lands, places will 

be found where patches of a few acres together, three, four, five, ten, 

fifteen, or twenty acres, may be cultivated, where a colored man or a poor white man may go and make a home, erect a cabin: and make a settling-place. Havino- done that he may cultivate to the extent 

of the cultivable land whether less or more, and take with that little 

patch enough of adjoining timber la.nd to make up one hundred and 

sixty acres. Where there are colored people or white people disposed 

to make homesteads on such tracts aa would afford the e ad vantages, 

they may find small parcels of agricultural land and add enough timbered land to getonehundredandsixty acres. I have thought it would 

be easier to re erve the e lands still for that purpose. If they were so located they would take great care of the timber, they would preserve 

tue timber, and would havo for themselves a humble home, a secure homft. When that period shall come that tho freedman, the Ameri- can citizen now, feels at liberty to move awa,yfrom wheremnltitudes are collected ont of considerations of personal safety; when good 

ortler shall come, when the day of better feeling shall anive and 

these men shall feel that they can leave the communities where they are and go off with perfect security and make settlements el ewbere 

aud be safe, I have supposed that they would do so, and would largely 

occupy these lands and make homes upon them. 

These have been chiefly the considerations that have controlled me in my conclusion to oppose this bill. It is true there is very much in 

what the Senat.or from Arkansas says, and very much in what the 

Senator from Mississippi says, which goes to show that these lan<ls 

will not be occupied by settlet'S or by pre-emptors, or bv purchasers. 

Indeed the account given of tl.Je public lands in Mis issippi by the 

honorable Senator from the State is most discouraging. I am almost 

amazed that that people, whom he characterizes as once a land-loving people, have in recent years lost attachment and fondness for real 

estate ; but the time must come, and the time will come, when all the 

public lands of this country will be sought by men desirous of making homesteads and actual settlement upon them. It will come as sure as the country ]a ts. Do you not know, Mr. President, and does 

not this country already know, that the public lands fit for cultivation are fast disappearing from the public Y Do we not know that in a short time, less than a quarter of a century, it will be an i1possibility to find a section of unoccupied land for the actual setder, so rapidly is it disappearing in a thousand ili.fferent channels! 

Now, in conclusion, and not to take the time of the Senate, I wish 

to ay that this measure, which seems to be so near the feelings of the 

Senators from the Southern States, because it rmn.oves a law that they 

think operates unjustly against them in the nat,ure of a discrimination against their people, ought not to be pressed now. I wish 

to say to them and t.o the Senate that this very question of the timber lands of this country is under consideration by the Committee on Public Lands, and the Committee on Public Lands of tl1e Senate has 

taken one step toward settling a policy or beginning a policy with ref- erence to these timber lands. In that condition of affaiTs I think it 

better to let the lands in these five Stat.es remain a{) they are at present, 

subject alone to homestead settlement. 

Mr. BOUTWELL. I should like to submit a second section to this 

bill before it passes from our consitler:ttion to-day, and I give notice 

thc.t.t I will offer it as an amendment and ask that it be printed. 

The Chief Clerk read the proposed amendment, as follows: 

SEc. 2. That before any timber lands of the United States shall be offered for 

salo an appraisal shall be made of the sections to be offered in such manner as the 

Secretary of the Interior shall prescribe, and such appraisal shall be the minimum 

price at which such sections shall be sold: Proui4ed, That sales shall not be made at less than $1.25 per acre. 

The propo ed ·amendment was ordered to be printed. 

The PRBSID~NT pro tempore. The morning hour has expired. 

Mr. WRIGHT. I move that the Senate proceed to the consideration of executive business. 

Mr. MORRILL, of Maine. Mr. President--

1\fr. MORTON. I wish to offer a resolution. 

1\ir. WRIGHT. To ask for its present consideration f 

Mr. MORTON. If there is no objection to it. 

Mr. WRIGHT. I yield for that purpose. 

DISTRICT OF COLUMBIA GOVERNMENT. 

The PRESIDENT pro ternpo1·e. The resolution of the Senator from 

Indiana will be read. 

The Chief Clerk re~d as follows : 

Resolved, That the Committee on the District of Columbia be instructed to con- sider ~he .propriety of ~reparing an~l reporting a bill to provide a gon.rnment for 

the D1 tl'lct of Columlna., U ' derwh1ch the people, throul?h the elective franchise 

may re~ulate and control their dom~stic aflairs. not inC?nSistent with the protection: regulati?n,.an~ <?Ontrol by the Urn ted Sr_ates of Pt;tbho property aml the exercise 

of snell JDrl clict10n as may be necessary rn the natwnal =pi tal. 

The resolution was considered by unanimolll! coru;ent. 

:Mr. 1\IERRIMON. We have already passed a resolution like that, 

but I do not object. 

1\Ir. MORTON. It is not like this. 

The resolution was agreed to. 

C. H. FREDERICK. 

Mr. LOGAN. I ask leave to make a report at this time, not having 

been in my seat when reports were called for. The Committee on Military A.ffa.irs, to whom was refeiTed the petition of LieutenantColonel C. H. Frederick, Ninth 1\Ii souri Volunteer Infantry, praying 

compensation for two months and four days' services, commutation, 

&c., rendered by him during the war, have instructed me to report a bill. 

The bill (S. No. 416) for the relief of C. H. Frederick, late a lieut-en- ant--colonel in the Ninth Missouri Infantry, was read and passed to the 

second reading. 

1\ir. HITCHCOCK. I ask that the bill just reported by the Senator 

from Illinois from the Military Committee be put on its passage. It 

has passed before and failed in the other House for want of time. 

Mr. WRIGHT. I do not want to antagonize the Senator, but I must 

object. I want an executive session. 

1\Ir. HITCHCOCK. I t.hink it will take bnt a single moment to 

dispose of the bill. It involves only a few hundred clo.tars. 

1\fr. \VRIGHT. I cannot yield. I insist on my motion. 

The PRESIDENT pro tempore. The question is on the motion of 

the Senator from Iowa. ORDER OF BUSTh'ESS. 

Mr. MORRILL, of Maine. One moment for a word of explanation. 

Yesterday I gave notice that to-day at one o'clock I should ask the 

Senate to take up for consideration the centennial bill. I desire to 

make one single remark in that connection. \Vhafever mea{)nre the 

Senate passes on that subject ought to be passed at the present time . . The financial condition of the company is such that one ought not to 

delay; whatever our pleasme may be upon that subject ought to be 

expressed. If we intend to turn onr back upon it, very well. If we feel under obligations of any sort in regard to it, they ought to be 

expressed. I have no dispo ition now to interfere with what seems to be the pleasure of the Senate to go into executive session; bnt I 

desire to repe.t.t that at the earliest moment I shall urge this bill on the consideration of the Senate, and trust there will be a disposition 

to dispose.of it. 

Mr. EDMUNDS. I respectfully submit that when we adjourned 

last night on the unfinished business I bad the :floor. 

The PRESIDENT p1·o tempoTe. Bnt the Senator from Iowa bas 

moved tha,t the Senate proceed to the consideration of executive bu i- ne s, pending which he yielded to the Senator from Maine who is 

holding t.he floor by the sufferance of the Senator from Iowa. 

1\Ir. ED.~1UNDS. I had the impression t-hat when a Senator desiring to speak on a subject rose and got the floor, and the Senate then 

adjourned or went to the consideration of executive business, when 

the unfinished business next came up that Senator was entitled to 

the floor. . The PRESIDENT pro tempore. If the Senator insists, the Chair will so rule. 

1\Ir. ED:MUNDS. I do· not insist on anything; I only make the 

statement. 

Mr. MORRILL, of Maine. Then I hope my honorable friend will 

allow me to make a motion to take up the centennial bill. 

The PRESIDENT pro tentJJO?"e. The unfinished business of yesterday, ueing t.I?-e resolution in relation to the admission of Mr. P:::::l.Chback as Senator from Louisiana, is before the Senate; and on that 

resolution the Senator from Vermont [1\!r. EmHTh"'DS] is entitled to 

the floor. 

Mr. EDMUNDS. Now I wish to say, the unfinished business being 

before the Senate, that I think we ought to go on with this centennial bill; b,ut we ought to act intelligently. We directed the Secre- _tary of State some days ago to inform us touching the correspondence 

with other governments resp cting the invitations, &c., to this affair. 

We have not yet received his reply. You will notice that the preamble of this bill-if I may refer to the merits of it-sets forth aa one ground for its pas age that our honor is committed to foreign 

governments upon the subjects. This information, of course, would 

be of great importance touching that question. I had reason to suppose that that information would be furnished to us yesterday; I 

have no doubt it wilJ come to-day; but I think we ought to wait a reasonable time so that we inay act with aU the facts before us and 

in such a way as that our action will justify itself to the people of 

the United States. Having said that I yield to the Senator from 

Iowa for the purpose of making his motion. 

1\lr. WRIGHT. I move that the Senate proceed to the consideration 

of executive business. 

1\fr. EA. TON. I hope the Senate will not go into executive session. 

1\lr. EDMUNDS. The que tion is not debatable. 

The PRESIDENT pro tempore. The motion is not debatable. 

:Mr. DA. VIS. The Senator from Vermont bas forgotten, probably, 

that, tbi day was se~ apart for a particular purpose. The Senator 

from Connecticut is only seeking to remind the Senate of that. 

The PRESIDENT pro tempore. Is there objection to hearing the 

Senat.or from Connecticut f 

Mr. EDMUNDS. I do not object. 
938 CONGRESSIONAL RECORD. FEBRUARY 8, 

Mr. EATON. I will simply say that to-day was set apart for the 

purpose of offering resolutions regarding my late colleague, Mr. Ferry. 

I should dislike to see the Senate go into executive ses ion and thus 

have the day lost to that purpo e. M.r. WRIGHT. I understand my friend does not propose to offer 

the e resolutions until3 o'clock. We can open the doors and get back 

· into regular session by 3 o'clock. 

Mr. EATON. I would rather offer them now than run the risk of 

losing the day. My colleague [:Mr. E~GLISH] is compelled to be absent after to-day. 

Mr. WRIGHT. I am certain we shall be in executive session but a short time. There is no disposition at all to inkrfere with the matter the Senat-or from Connecticut has in charge. I trust we shall have an executive session. I insist on tho motion. 

The PRESIDENT pro tempm·e. The question is on the motion of the 

Senator from Iowa. 

The question being put, a division was called for; and the ayes 

were 14--

Mr. WRIGHT. I ask for the yeas and nays. 

The veas and navs were ordered and taken. 

The 'PRESIDENT pro tempore. My colleague [Mr. CHRISTIANCY] 

is paired to-day and is necessarily absent. 

The result w~ announced-yeas U:l, nnys 43; as follows: 

YEA.S-Messrs . .Allison, A.nthony, Boutwell, Bruce, Dorsey, Edmunds, Frcling. 

huysen, Rowe, Logan, McCreery, McMillan, Mitchell, Morrill of Vermont, Morton, 

Sargent, Sherman, West, anrl Wri..,ht--18 

NAYS-Messrs. Alcorn, Bayanf, Booth, Cameron of Pennsylvania, Cameron of 

Wisconsin. Caperton, Clayton, Cookrdl, Conklin~. Cooper, Davis, Dawes, Dennis, 

Eat.on, English. Forr.v, Golclthwait.e, Hamilton, Hamlin, Hitchcock, Ingalls, John· 

ston, Jones of Florida, K elly, Kernan, K ey, McDonahl, Maxey, MeiTimon, Nor· 

wooll, Pad,look. Patterson, Ranclolph, Raosom, Robertson, Saulsbury, Stevenson, 

Thurman, Wadleigh, Wallace. Whyte, Windom, a.ncl Withers-43. 

.ABSENT-Messrs. Bogy, Burnside, Christiancy, Conover, Cragin, Gordon, Harvey, Jones of Nt~vada., Morrill of Maino, Oglesby, and Spenoer-11. 

So the motion was not a,greed to. . · · Tile PRESIDENT pro tempore. Tile unfinished business is before the 

Senate, on which the Senator from Vermont is entitleu to the floor. 

.Mr. ED~1UNDS. The Senator from I\Iaine appeals to me to yielU 

to him to make a motio~. I do not think we ought to consider that 

bill until we get the information to which I have referred, which I 

hope every moment will be here; but a the Senator from Maine has 

charge of the appropriations, and we. have been accustomed to yield 

to that committee at its commancl, I shall not because of the fact of my being entitled t.o the floor at this moment stand in the way of his 

ruaking any motion that he thinks he ought to make under the cir- cum tances. I therefore yield the floor. Mr. MORRILL, of ~:!aine. I now move that this business be laid 

aside and that the Senate proceed to the consideration of the centennial appropriation bill. 

Mr. MORTON. I do not object to taking np the centennial bill, 

but I desire to ay that as soon as that bill is disposed of I shall urge 

tile eo ate to resume and proceed with the consideration of the unfinished business of to-day, and I shall ask the Senate to remain until 

tho vote it: taken. 

The PRESIDENT pro ternpore. The question is on the motion of 

the. enator frOLn Maine. 

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

Wholo, proceeded _to consider the bill (H. R. No. 514) relating to the 

ccntenuial celebration of American Independtmce. 

rtlr. MORTON. I hope the Senate understands me. When the con- sideration of the Piuchback case is again resumed, I shall ask the 

Senate to remain until it. is finished. 

l\1r. EA. TON. Will the Senator from Maine yielcl to met 

Mr. MORRILL, of Maine. Yes, sir; with the understanuing that 

the bill now taken np shall be left as the "\].nfinished business. 

DEATH OF SENATOR 0. S. FERRY. 

Mr. EATON. Mr. Presiuent, I beg leave to offer the following 

resolutions: 

Resolved, That as a mark of respect to the memory of ORRIS S. FERRY, L1.te Sen· ator from Connecticut, the businc s of this body bo now su. ponded, t.bat his 

former as ociates mav pay l)roper tribute to his public and private virtues. 

Resolved, Th!l.t the 'secretary communicate this resolution to the House of Repre. 

sentatives. · 

The resolutions were unanimously agreed to. 

Mr. EATON. Mr. President , the Reaper has indeed been busy in 

the Connecticut congressional tield . . Buckingham, l!'ERRY, and STARKWEATHER! Within the short space of less than a year these three 

gifted men have been gathered to their fathers; three names honored by their native State and honoring her. Difficult will it be to 

fill the places so long and so worthily occupied by them. 

The deat.h of a valuable and eminent public serva.nt is a loss deeply 

to be deplored by his immediate constituency, and demands at the 

hands of his former associates proper and seemly action. Thus impre sed, I submit to the Senate 'the brief remarks which I hall offer on this mournful occasion. No fulsome eulogy will be pronoun cell by me. It would be alike unworthy of my character aud the Spartan 

simplicity which was one of the leading chara,cteristics of the late 

Senator FERRY. 

ORRIS SANFORD FERRY was born in the town of Bethel, Fairfield 

Ol)uot.y, State of Connecticut, on the 15th day of Angust, 1 23. His 

fatheT, a respectable inhabitant of Bethel, was largely engaged in tho 

manufacture of hats, and at an early age young FERRY wa.<~ apprenticed ·to that busine s. Bnt soon discovering the bent of his mind 

and hi aversion to the trade to which he had designed him, the father relea eel him from his bonds, ~iving him such educational ath-antal"es as enabled him to graduate from Yale CoUege in the year 1!:!44. lie 

pursued the study of the law under two eminent members of the profession in his native county and was adm~.tted to the practice of that 

profession in 1846. 

Mr. FERRY immediately took high rank as a counselor and advocate, and at an early age was justly r egarded as in the front rank of 

the profession in Connecticqt. His wonderful power of analysis and 

the magnetism of his oratory gave him great power with the court 

and jury, and $l,S a platform speaker he had no superior and few equals 

in his State. Mr. FERRY served in the State senate two sessions, 1855 and 185H, 

and exhibite4 distingui bed ability both as a legisl~tor and political 

leader. I was not a member of the Connecticut Legislature either of 

the terms that .Mr. FERRY occupied his seat in the senate, but I aw much of his course and know the high estimate which was placed 

upon his powers by the leading men of the State. 

In 1859 Mr. FERRY wa elected to the other branch of the Feueral 

Legislature and served through theses ion with marked ability. 

Shortly after the commencement of the late terrible civil conflict, 

Mr. FERRY was commiss10ned by GoYernor Buckingham as colonel of 

the Fifth. Regiment of Connecticut Volunteers, and he remained in 

the service nntil the clo e of hostilities. As an officer, I under tand 

that he was respected by his superiors and beloved hy those subjected 

to his command, performing all the duties devolved upon him with 

promptness and fidelity. 

Resuming the practice of his profession in 1865, he was perhaps at 

the most successful period of his legal career when he was electeu to 

the United States Senate for the term commencing March 4, 1867. 

From that time until his death, the story of 0. S. FERRY is a part of 

the history of t-his body, and I hesitate not to say that by hi manly 

and independent course in the Senate, though differing widely upon some matters from many of his political friends, he won the respect 

and high regard of all his as ociates. This is not the proper occa.Sion to speak at length upon his intellectual efforts upon thi floor, so well calculated to bring forth his great .powers, efforts which placed him in the front rank of Senators as a debater and constitutional lawyer. ( 

Devotedly attached to t,be great principles which form the ba e of onr system of government, whenever in his opinion tho ·e principles were menaced OI' endangered, even by the action of political frioud. , · the chains of party allegiance were broken as a strong man r ends 

asnnder ropes of yarn, and all the energies of his body and mind were summoned to the conflict in support of such views as he believed to 

be right, just, and for the best interests of his country. One of the 

leading and governing ti.·aits of Mr. FERRY was his love of justice. 

He was eminently a just man. He never put to himself the question, 

Will it be politic to pursue a given course of action Y The qu.estion which he mentally propounded was, Will it be just 7 And, once convinced of the justiCe of his pos!tion, he could neither be pursuaded nor driven from the ground which his calm judgment had pronounced correct. 

As a politici:1n he was above the petty arts and meannesses which 

small men use to attain high position. . His personal integri y was pure and spotless. ThA armorial bearings of the French Bayard might well have been claimed by him. 

Indeed he was trulyWithout fen.r a.nd without reproa.ch. 

I should do injustice to my feelings if I failed to reprodnce part of a letter from a distinguished divine, Rev. Dr. Childs, of Hartford, Connecticut. 

Says Dr. Childs: 

It is just ten years since my a.cquaintance with General FERRY commenced. 

Letters from him carrierl me to Norwalk, his place of re iaeneo, and resulted 

ultimately in my becoming his pastor. He was then in t.ho primoof lifo, fortv.two 

years of age. With a magnificent physical organization, a genial di. position, a strong, clear, active mind, earnest, enthusiastic, impetuous, yet cautious, wonder· 

fully popular, no man in the State probably had the elements or gave tho prom. ise of a brighter future The war was over, and he had returned to the practice of his profession, which opened to him all tb.at his ambition could ask in t.hat direc. 

tion, and to the enjoyment of his home, which had for him stronger attractions than 

t.Qo scene:-~ of pn blic life. 

With tho movements that placed him in tho National Senato I believe he had Little to do. He was not a political ma.nager. llo was an honest man, and those who .1.-newbim bestb lievecl inl.Jim mostfnlly. Even his politicalopponentsnever, as far as I am awaro, question eel his perfect integrity. Intensely earnest in tho cause that 

he espoused, he was more than a partisan . .A.s a national legislator his views were always broader than his party. .Acquainting himself thoroughly with tho consti· 

tutional history of his country, a dili.zent student of the history of other nations, 

he developed an independent, wise, far-seeing statesmanship, which, had he not been aiTestecl by the hand of <li ease, would havo placed him-at least' ought to have 

placed him-iu tho very front rank of political leaders. In my judgment there is no office in tho gift of the people that General FERRY would not lmve filled with omimmt ability. 

Senators, I have done. 

Through m.Y associate and myself Connecticut mourns the loss of 

one of her most distinguished sons. Through you, the representatives of the several State , the Fed ral 

Union expr e cs it deep sorrow :J.t, the loss of a wise, sagacious, and m~turecl~:~tate man, ca.Pable of lifting himself above the claim and 
1876. CONGRESSIONAL RECORD. 939 

behests of party in the discussion and consideration of questions involving the very life of the Federal system; a statesman whose profound genius entitles his name to be enrolled among the immortal few 

who knew how to make and keep a people! 

Mr. SARGENT. Mr. President, on the 27th of February, 1875, Senators rose in their p1:1ces to pay fitting tributes of respect and affection to the memory of a dead Senator of Connecticut, whose illustri- ous public service and private virtues· had commanded our admiration 

a,nd love. 

Among those who eloquently spoke on that occasion- not yet a year ·. ago-wM the Senator whose loss we now deplore. He was himself 

then feeble in frame, and halt.ed tremblingly to his seat in tliis Chamber, the victim of a disease that was rapidJy and certainly drying up 

the springs of life; and I doubt not that the painful thought was in 

other minds as it was in my own, that ere long we might be cal1ed · upon to mourn hislo sand paycustomarytributctolli.s memory. Yet 

his intellectual nature triumphed against the v isible progress of dis- ea e, aud he spoke with unexcelled force and beauty, and ''"ith deep 

feeling, of his associate and friend. His words come back to us today as singularly due to himself : "The plainest trnth_ is his highest 

eulogy." He would not offend the modesty of the dead by words of 

boastful praise. For himself, also, he seemed in the supreme moment impressed with 

the sentiment of that mournful elegy which shows the emptiness of 

fame, the monotonous level of the ~rave : 

Can hoMr's voice provoke the silent dust 1 

Or fhttery soothe the dull, cold e..'\r of death 7 

From such thoughts came his dying request that no eulogistic ser- mon be preached at his grave. The spirit of that request restrains me in what I may &.'l>y to-day. Bnt it would belittle the truth not to 

say that we who knew him well know that he was distinguished for 

eminent ability and zeal in the public service; that his mind was clear, 

sharp, and flexible as a Damascus blade. His sense of duty brought 

him daily to this Chamber and to the committee-room when the ex- cuse for ab ence, of inextinguishable pain, was ready and obvious. Our friend was fortunate in bis reputation. A man's character is 

built. solely by himself. He constructs it piece by piece, to deformit.y or symmetry. It ca,nnot be created or destroyed by anotber. But reputations a,re the sport of circumstance, or the prey of malice; often 

beyond the control of the possessor, and as often fictitious and unjust. 

Sometimes, as with the persecuted Galilco, this is the fault of the age; 

sometin?-es, as w~th blind and des pi eel Milton, it is the license of party. Happy IS the WlSe and good agamst whom the mob has never cried, 

"Crucify him ! relea e to us Barabbas !" 

I only wish to add that from daily association with Mr. FERRY, I 

learned to admire the rectitude visible in aU his words and actions- a, rectitude that seemed to spring not merely from a heart well 

guarded by conscience, but from an even poise of intellect, which could not incline to temptation or stoop to wrong. 

The impressions left here by his daiJy walk and conversation were bmiliar to his friends and constituents at home. I listened to the 

simple st.atement of his virtues, of his Christian faith and works, by 

h is pastor, who spoke to his neighbors as the cold form of the dead 

Senator rested at the altar of the little church at Norwalk, and beard 

the sn,me testimony which we can all bear- that he was conscientious 

just, upright. ' 

Such men, whatever their party associations, elevate the public 

service. Their i nfluence is good, not only in the traces they may 

leave in wholesome statutes, but in the higher respect of the people 

f or free institutions challenged by their conspicuous integrity. 

Mr. BAYARD. :Mr. President, I have a sad satisfaction in yielding 

l)Jytribute of sincere respect to the character and memory of our late 

associate, Mr. FERRY, of Connecticut, whose career has been so ably 

and well stated by his colleague, [Mr. EATO~ l . 

There never was any personal intimacy between us, and our views as to party never brought ns into th[Lt sympathy whieh is becrotten 

of a common endeavor for polit.ical ends. 0 

Yet even in his life-time and amid the ardor of differing opinions so often forcibly and positively expressed, as was his wont, I wa~ always conscious, whether concurring in or dissenting from his views 

that back of biB utterances there shone the light of truthful intent' 

which caused a ra~liance to pervade everything he said. It was th~ 

sense of honest conviction, uncolored and undimmed by petty parti- san or unjust considerations. 

The real strength and safety of this Government lies in the absolute 

freedom with which opinions may be .formed and expressed and to 

the independent and courageous utterances of its able and -rirtuous men the people ma,y best look for guidance. 

This day onr country needs men who will proclaim their real judaments; not those who, f.o adopt a phra 0 that fell unpleasantly on r!;v ear not long since in this Chamber, "follow in order to lead." One 

who loved Englancl described her a - . 

A land where, girt by friends or foes, A man may speak the thing be will. 

. For: wl1en this shall not be,_ true ma_nline sand honest pnhlic serv- lce will bave uoparted, and trme-servmg have taken their place. 

The Senator who e death we so justly mourn possessed the quali- ties which can create and preserve a free government of laws. • . 

He bad a mind of excellent natural powers, well matured, and en- lightened by study of tbe laws, both in their enactment and practical 

administratio·n . 

He had experience of men living under the orderly regime of law, 

and also under the le s defined control of military rule in time of war. So iltted by events, he came into this council chamber of the States 

of the Union somewhat heated perhaps upon bi first entry by the scenes of warfare in which he had just been engaged, and iu whicb, as a soluier, he bad borne a brave, conscientious, and distinguished 

part. But, from the first, I well remember bow in8tinct.i vely he re- coiled from unworthy or improper schemes, how unerringly he probed 

a,nd detected frau<l, and unsparingly denounced dishonesty and cor- ruption, wherever and whenever found, with a generous indignation. He Jived a life of quiet self-respect. No busy seeker he of men's 

p raises; no dexterous mana.ger. of party forces; no scatterer of am- biguous voices in the market-place. It was because he was a true friend to popular institut.ions that he 

despised and shunned the arts of a dema,go~ue ; much less did he 

stoop to gather personal or party advantage m tl.te flames of di cord 

among his countrymen. Thus I believ~ he was fit to rule men and to 

execute the great trusts of political power. 

I c9uld produce abundant extracts from his speeches in this Chamber where his censure of what he deemed corrupt, dishonest, and un- worthy was unhesitatin~ and unsparing. And he never permitted 

the garb of party to sheuer a guilty man from his jnst denunciation. For six years we servecl tqgether upon the Committee on Private 

Land Claims, where cases involving the title or possession of extensive and valuable bodies of land came frequently before us. His intelligence, acumen, and fine legal ancl judicia,! abilities were in tbis 

way made known to me; and reports of important cases, compre- hending questions of law and fact of a, complicated nature, where 

lapse of time and fraud had combined to obscure truth and ju tice, were made by him and are on the files of the Senate, in which his 

vigorous and instinctively honest mind dissolved all doubts and ar- rayed the merits of the case in clear and orderly precision. 'fhe con- dition of physical health in which for years he performed his duties here must have touched a,nd saddened us all; yet complaint was never heard from his lips, and he would force his weak body to its 

work with a vigor and courage that it i~:; not extravagant to call 

heroic. To know him was to respect him. His life here has emlccl, but not I trust its influences upon those who survive and shall suc- ceed him. 

Well may we mourn him ; Well may we imitate his virtues. 

Mr. HOWE. Mr. President, I had not realized how peculiar and - unique my relations with the late Senator FERRY had be.en until I sat 

down to consider what might be proper for me to say at his official 

funeral. I knew him first only when he entered the Senate ; and I 

scarcely knew him anywhere else than in the Senate. 

During his whole term of service here I was his cola borer; b ut I 

rarely saw him out of this Chamber. He never. repelled me and was not at all repellant to me. I felt for him not only entire respect, but 

also great admiration ; and therefore I was surprised to find upon re- ·fl.ection that I had nevt}r known him but. in an official way and in his 

public character. During the whole time we worked together I never received from or made to him, so far as I remember, anything like a confidential cowmunicatiun. Nothing like a whispered or an ::1.side 

rema,rk ever passed between us. I rarely ever spoke to him or heard 

him speak upon other than public affairs. And when for an occa- sional moment he tnrned to the discussion of private interests, his 

wont was t.o discus them in offici:;tl style. If I asked a,fter his health, or for the news of t.be tlay, his habit was to answer with the arne fidelity to fact and the same accuracy of statement he would have 

employed in communicating with his physician or with a report.erfor 

the Associate<l Press. Once I ventured to applaud some unusually forcible and fervid re- marks he made in the Senate. He answered me with a laugh, as little encoumging to my enthusia-sm as if tho splendid bronze charger on which sits Brown's sta,tue of Seott should whinny when the ad- miring spectator claps his hands at the triumph of the artist. So I 

do not feel that I ever knew Mr. FERRY in any other character than 

that of a Senator. If indeed he had a life distinct or different from 

his public one, I was a stranger to it. My conclusion is that when he 

put on the senatorin.l robes he put them on for steady wear, that his 

purpose was to ca-rry the proprieties of his great office constantly with 

him; not to be oppressed by them, still less to oppress any one by 

t.bem, but to attract by and instruct with them·everywhere and always. I need not speak in this presence of the clea,rness or the vigor of his 

intelJect. This Chrunber, instructed by the loftiest utterances in our 

language, has witnessed too m~ny evidences of both to make any 

mention of either profitable. 

But more than most men he was sincere and earnest. Others have 

exhibited ou special occasions and in pursuit of special ends more zea,l 

than ho was accustomed to betray, but few men of my acf]_uaintauce 

ba.vc seemetl to burn with n.n ardor so constant and sustained as that 

whlch in piretl him. 
l. 

CONGRESSIONAL RECORD. FEBRUARY 8, 

Two traits in his character deserve particular mention: his indepenuence of thought and his fidelity to conviction. . He thought for himself and formed ills own conclusions. He lisliened to the rea oning of others, but he was· guided by his own. He was not likely to be the idol of a party, for he could not abjectly fol- - low one. But he was not for tha.t reason the more unsafe to lead a party, since he was sure to lead by the best light he had. 

Perhaps less than others he realized the importance of organization 

to political achievement. Perhaps more than others be felt the importance of impressing .individual opinion upon the public mind. 

Whatever might have been the cause, he seemed as prompt anu reso- lute to attack what he deemed eiTor in the party to which he belonged as in that to which he was opposed. At times, indeed, be appeared even more uncompromising toward his political associates than toward 

his political adversaries. There are those in the world still who holu 

that'' unto whomsoever much is given, of him shall be much required," 

and who are more intolerant of fault in their friends than in strangers. Something must be pardoned to the exigencies of party as to the 

spirit of liberty. It is not wise to destroy a great party, freighted 

with precious hopes and struggling to noble ends, because it occa- sionally stumbles or for a moment seems to falter on its way. It 

is not wise to sihmce a great teacher, in whose light a generation 

has walked anu the human race hM visihly grown, because of a single 

fault, whether imputed or real. It is not wise to <lrag the moon from 

the planetary system because there are a few spots on it. Of course when the moon crumbles into ashes, and so flings dust and not light 

upon the beholder, it mi~ht as well be shoveled out of the system. 

When the teacher slips all the cables which moor him to truth, close 

reefs the hopes which waft him heavenward, and drifts out listless 

and Tndderless upon the sea of unbelief, helplessly buffeted by all 

its waves and hopelessly clapboarded by all its barnacles, the sooner he goes to pieces the better. And when a party has sold itself to do 

evil, has coiled itself on the path of human progre s; when it no longer seeks to give nurse to but rather to nurse upon its country, 

all good men should abandon it and unite to take it to pieces. 

It is not easy always to discover the precise point where the paths 

of the partisan and of the patriot diverge. In every era men have 

been seen to desert the banners of party before the point of diverg- ence was reached, and men have been seen to follow them long after 

that point was passed 

Undoubtedly good husbandry will seek to garner up all the wheat; 

and good husbandry will burn the chaff. But some are so eager of 

grain they will continue to rake over the straw long after the wheat 

is all out; and some are so impatient of chaff they will kindle the 

fixes in''it while it is yet heavy with the bread of life. 

The late Senator from Connecticut, however, never set fire .to un- thra heel harvests. He did not always keep even step with the party ... in. which he trained, but he never deserted it. Occasionn.lly perhaps 

by ill-timed contentions he obstructed its progress, but I think he never meant to imperil its final triumph. 

I did not always agree to the correctness of his conclusions, but I never for a moment doubted the sincerity of them. And the fidelity 

with which be adhered to his convictions and the courage with which 

he asserted t.bem was an instruction to us all and deserved all p~aise. 

Where he went belief and affirmation walked baud in hand. He 

seemed absolutely exempt from all physical and all moral tremors 

such as are born of fear. On tbe field and in ~he forum he flung himself into the encounter with equal readiness. Within an hour after his State had ofiered him a regiment to lean to battle be accepted the solemn trust. We have seen him enter upon an engagement here with even less deliberation. Day a.fter day he 

sat here racked with physical pains, but no moan escaped him. His 

body was enfeebled by disease, but his spirit never languished. 

Wherever his sense of duty pointed tbe way, there he was sure to 

tread. B.v him adversa.ries were uncounted and results were uncalculatecl. His lips never expre. ed it, but his manner seemed to say 

\vith the young Prince of TyreLike a bold champion, I Msume the lists, Nor ru k advice of UJlY other thought But faithfulness and courage. 

Mr. FRELINGHUYSEN. Mr. President, change is written on everything with which we are familiar. The spring, the ~:~ummer, the golden 

autumn, and the icy winter chase each other, anu while we recognize 

the one it is gone. The forest is no sooner clotheu in its luxuriant 

foliage than it begins to disrobe, and presently its bare poles stautl up 

against the sky. 'I' he creations of human industry and genius, w hetber 

of kingdom or code, of monument or picture, crumble away before 

tbis universal law. These changes are fraught with instruction, anu remind us that we shall not long continue as we now are. But it is 

when the stern messenger calls away a companion distinguished for 

his genius and his eloquence, his purity, anu his Christian faith that we learn the most impressive of moral lessons. The average age of the members of this body is perhaps fifty years. In that pa t period a thousand, yes, nearer two thousand, millions of 

li!entient beings such u.s we, capable of indefinite if not of infinite 

moral and intellectual development, have appeared upon tho stage of 

time, there r ejoiced and emulated, suffered and striven, and have 

then departed forever; their entxy and their exit being alike mysterious. 

Brief as bas been their visit to earth, it has been long enough to 

effect several demonstrations : It has proven that there is a spiritual as well as a material existence; for they were all conscious of being, and they were all r ecognized as being, in their personality, spiritual. 

It has proven that t hey were moral intelligences, for no matter how 

enfeebled by want or how degraded by bad associations, there never was one of that mighty host, with every selfish inducement to deciue 

in his own favor, who has not condemned and blamed himself for 

every wrong he committed. It has proven, by the acquisitions those intelligences have made in 

languages and laws, in philosophy anu art, that they are capable of · perpetual progre ion. · 

It has proven that they were not the results of natural causes, for 

they have seizeu upon nature and made it subservient to their pleaa- ure. The very elements have been subjected to their service; its obstacles, such a8 oceans and space, storms and lightnings, have been overcome and conquered. 

Our race stands out the supernatural by an irrefragable logic. If 

this be not true, why admire the heroism of the martyr dying for his 

faith more than the fire that consumes him f Why render more homage to the patriot soldier who dies in front of the line than to t he 

steed which spur and bridle have forced to the danger Why more gratitude to a friendship that is true amiu temptations to betray than 

to the steady current of the river that makes its way over rocks and 

precipices 7 It is man as a positive force superior to nature that we admire. 

In him we to-day lament the ip.tellectual and moral was in a marked degree predominant. His physical infirmities seemed to aug- ment that supremacy. In the prime of life, shattered by disea e, he 

resolutely and firmly adjusted himself to the situation. We have seen him standing there, advocating those measures he believed best 

for his country, while his countenance was distorted from pain. His 

spirit firmly Qeld the mastery over physical forces. They could not 

carry the citadel of his soul. 

He had, too, markeu indep·eudence of character and thought, aud 

pos essed the concomitant virtue of courage. He was satisfied of his 

ability by investigation to arrive at a sound conclusion. He knew 

that his motives were pure and honest, and when his opinions were formed he was not to be swerved from them. Though not inuifferent to popular opinion, as no sound mind is, he had much of the spirit · of that old hero who said, "Were there as many devils in Worms as roof-tiles, I would on." 

I did not always think him right, but I always felt re-assured where 

I found myself voting aa be voted. 

He was a man of good education and attainments. He bad not 

high culture; few men have. High culture is not essential to excel- lence or usefulne s; if it were, our republican institutions, State and 

national, would be in a sad condition. His education was sufficient to have developed his native powers and to render him conscious of 

his strength, so that he went fearlessly and successfully forward as a leader in life's duties. . 

1\ir. FERRY's rea oning powers were of a superior order, and were habitually fortified by careful reflection on the subject he would present. He SPized the strong point of the question under investigation and wielded it with great power. In pre enting his vie"Ns he was direct, plain, and logica,l, and in that be impressed his hearers with 

the strength of his own convictions, so that they sympathized with 

him ; he was eloquent. 

When that terrible calamity, the record of whir.b is found in thousands of desolate homes, overtook our country, his pati·iotism shone 

forth. A Repre entati ve of the nation, be became a patrol to gnard its 

capital; and afterward, at the head of the Fifth Connecticut Cavalry, 

bravely participated in its battles. But his patriotism was not sec- tional; it was not a narrow sentiment, confined to any locality. He 

fought to pres rve here for all his country that civil liberty which, w bile t.he greatest of blessings, is conferred upon only a few spots 

of earth. He believed that be waa contending for the right. I do 

not say he would not say that many of tho e with whom he contended 

did not, from their stand-point, think they were ricrht. But this is 

true: when everywhere in this free Republic law shall be supreme, 

the rights of property anu person secure, and constitutional political 

equality exercised and protected, then, when civillibert.y is thus es- tablished, anu we rejoice in the pro perity, peace, and virtue that flow 

from it, all will remember past differences only to be the more 'grateful that we are again friends. 

It was the crowning glory of our friend that he was a Christian. 

Conscious of a spirit ual malady which human culture or educational 

development could not cure, he sought and found for a disease to the 

supernatural n. supernatural remeuy. 

He has gone from us forever. Whither has he gone f All of him 

that is mortal quietly repo es in t.he soil of the gallant State that 

delighted to honor him. His memory is embalmed in the hearts of many loving countrymen, and his spiJ:it has returneu to the bosom of 

his Father. 

Mr. THURMAN. l\Ir. President, I have a few very sincere words 

to say of our "decea ed brother-words of sincere aumiration of llis 

character. That h was a man of intellect all wl10 knew him will 

bear witness; that he wa-s a speaker of singular perspicuity anu force 
1876. CONGRESSIONAL RECORD. 

all who ever beard him can testify; that his mind was cultivated, 

his manners refined, his bearing dignified, simple, and wholly free 

from ostentation, is known to us all. BuL to me, as no doubt toothers, the great trait of his character was its broad, enlightened, and 

fearless independence. He was one of that class of men-too limited 

in every land and in every age-who think for themselves and dare 

to say what thev think .. Payin~ due re~ard to the opinions of others 

and always willing to receive mstrnctwn, be nevertheless was care- ful to a ert his brain and manhood by ultimately deciding for him- self. And be had a Lreadth and grasp of mind, a magnanimity of 

soul, and a sense of justice that ever inclined him to measures of 

moderation and kindne~:~s; and in such measures his reason, his learning, and his feelings found the truest statesmanship. I might give 

not a few illustrations of these characteristics from the records and 

debates of the Senate, but this is not. an occasion to speak Qf matters 

that have not yet passed out of the region of controversy. Time, in 

my opinion, will vindicate the soundness of his judgment; his bon- . esty of purpose needs no vindication, for no one was ever found to 

question that. 

.Mr. WAD LEIGH. Mr. President, I first met the late Senator FERRY 

in 1873, when I took a seat in this Chamber. He was then suffering from the disease which condemned him to partial seclusion_ and 

finally ended his life. I was not without prejudice against him, and 

should never have known him · intimately bad I not been associated 

with him upon the committee of which he was chairman. Thns 

brought into social relations with him my prejudice vanished, and I soon learnefl to admire the clearness and strength of his intellect and 

the purity and beauty .of his character. Our acquaintance, on my 

part at least, grew into warm friendship, to which I should do violence were I to constrain myself to silence on this occasion. · The e>ents of his life have been so fully traced by his colleague 

that I will only glance at them. Born in Connecticut, and always 

residing in his native county of Fairfield, his honors must have been 

doubly dear as coming from those who bad known him from childhood. 

In youth he wrought in his bther's manufactory, where he acquired a practical knowledge, which he sometimes unex1)ectedly exhibited to 

the discomfiture -of those who assumed his want of it. 

He graduted at Yale College, the alma 11wter of so many distinguished 

Americans, and chose the legal profession. We who knew him here 

cannot don bt that he deserved and won professional distinction, especially as an advocate. His strong comm\.•n sense, his earnestness, born 

of intense convictions, his inborn and irrepressible love of right and 

justice, his contempt and hatred for meanness and wrong, and the 

mingled logic and feeling which animated his speech must have won the minds and the hearts of the clear-headed, strong-minded men who 

generally compose the juries of New England. 

After two years of faithful Mervice in the Connecticut senate and 

three years' performance of the dutie of pro ecuting attorney in the 

county of Fairfield, he was, in .April, 1859, elected to the national 

Honse of Representatives1 where he served till March, 1861. In the 

midst of all-pervaillng treason which seemed to forbode the sure downfall of the Republic, his uuselfish patrioti m led him to enlist and serve a a private soldier in a company raised to defend the nn.tional Capitol from the foes that menaced it from within and without. In the 

great struggle which preserved national tmity and free institutions 

to our people he took no uncertain nor wavering part .. • His patriot- i~:;m and his humanity alike condemned a rebellion which would have 

divided our country into independent and hostile States, without peace 

at home or power abroa.d, and which would h.·we erected upon the ruins 

of .American freedom a government with hum:tn slavery for its corner- stone. 

Having been appointed by Governor Buckingham to the command 

of the Fifth Connecticut Regiment he obtained by arduous study a knowledge of military affairs, and with his regiment did faithful and 

honorable service. Commissioned brigadier-general in 1862 he served 

with g:tllantry till the end of the war, whon he resumed the practice 

of his profession at Norwalk. In 1"67 he was 'elected to this Senate, 

and re-elected in 1872. His last public effort in this Chamber was to 

pronounce a true and beButiful eulogy upon. his friend and collearne, 

Senator Buckingham. .Much in that eulogy might be applied to""the 

lamented FERRY himself. In it be seemed to be sountling his own requiem. The sorrowful task of preparing it almost overcame hiin 

and admonished him that his own bold on life was rapidly breakiuO' 

and that his feet were even then pressing the shore of that dark rive'; over which his friend had pa sed to the unseen world. In v.ain he 

sought relief from medicine; it had no shield against the stroke of 

death. The dying Vice-President sent to him a message of love which never reached him. They died within a few hours of each otherloved, trusted, and mourned. 

In the character of Senator FERRY it seems to me there was almost 

everything to admire, and almost nothing to condemn. - His intellect was clear, powerful, and logical. Few better speeches 

than his can be found in the records of American eloquence. Terse, 

vigorous, and full of fiery force, they were delivered with au earnest- ness of ma.nner which gave them wondel"fnl effect. His bearers felt 

that before them was a man who believed what be said, and who said 

it bec:;tuse he believed it. When warmed in debate his impulsive en- ergy seemed to triumph over the cruel disease which, like the vulture 

of Prometheus, was gnawing his vitals. Yet, wi th all his mental 

strengtb, he had the ardeut generosity and ca:rtiva.~ing :t'ranlmess of 

youth and a femini9e kindness of heart. The poor, the oppressed, the 

unhappy multitude whose lives are darkened by want, had never a friend whose heart beat for them with stronger sympathy. His love 

of right, of justice, of what Anglo-Saxons call "fair play," amounted 

to a, passion. Yet he never stooped to flatter nor amuse the people 

to whose welfare he devoted himself. His public addressc never appealed to the baser pa sions, but only to the sentiments of justice and 

duty in the hearts of his hearers and to their judgment and reason. He was a patriot without being a demagogue. 

He was by nature a m:m of unyielding courage, and in his later 

years his fear of God shut his heart against all other fear. He bad 

the courage to be true to his convictions always and everywhere. No 

unpopularity of a cause could prevent his warmly espousing it. His 

independence of thought sometimes led to breaches of party discipline 

which would have been fatal to men of less purity, but which never lost him the confidence of those who knew him. They knew thnt no selfish, dishonest motive could influence him. His character shielded 

him even against suspicion. They felt that modern degeneracy bad 

not reached him; that, though poor, he could not be swayed by all 

"the gold of Ormus and of Ind." Their faith in him was well-founded. 

His feet were firmly planted on. that eternal rock where stood in other 

days the martyrs who endured poverty, scorn, insult, torture, and 

death rather than disobey the whispers of conscience-that "still, 

small voice" too often unheeded by men in high places. Yet he made no parade of his religion; it was concen.led rather than ostentation ly 

displayed, and con isted in acts mther than in words. 'When some glaring examples of hypocrisy brought contumely upon the religious 

professions of statesmen, the pure, noble, honest life of FERRY did 

much to redeem genuine Christianity from reproach. 

He once said to me that be ti·ied to live as though the next moment 

would usher him to the bar of the Eternal Judge. To a man who 

thus lives, seeing continually the white throne of Omnipotence with 

the children of earth thronging to it for judgment, nothing i harder 

than to do wrong, and to him death is but the door to immortality. 

Though he leaves here no earthly riches, he leaves what is better-a 

stainle name and an example for emulation. 

When we look upon such a life and such a death, when we reflect 

how often of late the p:lle king of terrors bas invaded this Chamber 

and bow soon we may receive his dread summons, shall we not be incited to the more faithful performance of our duties-duties involving 

the welfare of many millions of our fellow-men, which we owe to 

them, to our country, and to God f 

Mr. ENGLISH. Mr. President, one year ago last Saturday Mi-. 

FERRY tose in his seat in this Chamber, in the performance of what be 

said was to him the saddest duty of his public life, to announce to the 

Senate the death of his colleague o_n this floor. On the 27th dny of 

this same month he delivererl in the Senate a eulogy on the life and 

cbnracter of Governor Buckingham which made a deep impression on the Senate and country at that time. It wacS his la t public effort in 

the Senate. He returned to his family and home in Norwalk, where 

he died on the 23d day of November last. ' 

By the dispensat.ion of Providence, the State of Connecticut has 

lost by death not only two Senators, hut quite recently one of her sen- ior members in the House of Representatives, making, in all, one-half 

of her entire delegation in Congress, and all within the brief ~pace of 

le s than one year. It is but seldom tpat a State is called upon to en- flure such a triple affliction as her citizens mourn to-day. . Such, Mr.Jlresident, is the uncertainty of human life: and it admonishes us all to heed the divine admonition, "Be ye also ready." 

To-da.ytbe Senate testifies its respect for the memory of Mr. FERRY. 

1\Ir. President, while I had not the honor of serving with Mr. FERRY 

as a member of this distinguished body, it was my good fortune to 

know him long and to ktiow him well. From my earliest acquaintance 

I bad learned to respect him, not only for his superior abilities, but 

acS a man of noble impulses a.nd great purity of character. 

Born among the hills of Connecticut, where be derived his first educational advantages in the public schools and where he learned to 

ea!'n his bread by the sweat of his brow; apprenticed at an early age, 

in his native town of Bethel, to his father, a prominent manufacturer 

of hnts in that town; while thus engaged, he exhiLited such a taste 

for books and knowledge as to induce his father to send him to Yale 

College, whence he was graduated in 1844. Of his class, Governor 

Haight, of California, and Governor and Senator Washburn, of Ma sa- chnsetts, became the most prominent in political life. While in col• 

lege he was not distingui bed as a scholar, but as a writer and debater 

be was conspicuous and of great promise. He was thoroughly inde-· pendent, and gave eviclence of a noble and strong character. 

His professional, military, and political life has been so ably presented by my di~?tinguished colleague as to leave little or nothing more to be said upon these beads. . His speeches in the Senate were marked by great clearness of ex- pression and force of utterance, and always commanded attention. 

He was in the best sense an eloquent man, because he spoke his convictions of dur.y, and had opinions, solid and strong of his own. He 

dared to differ from his party and be true to his individual convictions, 

to his sense of duty, to his country, and t.o his God. 

His recent efforts in this Chamber, in support of what he believed 

to be for the_ best interests of the country, are so fresh in the minds of 

the people as to make it unue(:essary for me to recur to them. 

Dnring his wholo public service, and often in situations in which 
942 CONGRESSIONAL RECORD. FEBRUARY 8, 

bribes or gifts mi~ht have been accepted, such ~as his sterlingintegrit.y he was placed. beyond the reach of temptation. As a Senator he 

had a clear conception not only of the duties but the responsibilities 

of the position, and was fearless in the discharge of tho e dutie . When he spoke, he spoke as a statesman, and not as a politician; for 

politician he never was, nor could he be, certainly not in that sense that makes politics a professiou, where by offices of honor or profit may 

b e obtained. Nor wa-s he in any sense an office-seeker. He would 

neither seek nor ask for any office of honor or profit, nor did he crave. . any. But, oh the contrary, had he been governed bybis own impressions, regardlessof the opinions of others, he would have continued in 

the practice of his much-loved profession, and which would have been 

greatly to his pecuniary advantage. But from a sense of duty he ac- cepted the high and honorable position to which he was elected by 

his fellow-citizens, having but one object in view, to discharge the 

duties of the same in such a manner as would conduce to the best 

good of his State and country. 

Mr. FERRY, from disease and bodily infirmity, had been a very 

great sufferer for several years, which would l1ave completely discouraged a less determined man; but he stru~gled on, and by his indomitable will continued in the discharge of the duties of his office of 

Senator up to the close of the last session. But, as time rollefl on, his 

pllysic::tl vigor became paralyzed. Suffering bodily pain and a;<rony, 

with the fact of approach.ing death before him, he still continued 

faithfully to discharge every duty, until at last his physical strength 

gave way; but his mental power held out until the end. 

It may not, Mr. President, be inappropriate for me to allude to the 

Christian character of Mr. FERRY and the esteem in which he was held at home among his friends and fellow-citizens. He was a man of an emotional nature and in tinctive reverence for spiritual truth. 

In his decided religious impressions he showed grea~ energy of mind 

and independence of character. His political life had given.him a rapid growth of reputation for intellect and capacity. At home, among 

his fellow-citizens, he had obtained great influence, not only as a public man, but in the church, of which he was a devoted member as well. 

He taught a Bible-cia s, and..out of his efforts to do good to his charge 

he prepared a course of lectures in support. of the divine origin of 

Christianity, which was numerously attended and produced a profound impression. 

Struggling against infirmity, which sapped the springs of life, he 

held on brav~ly to the end, sustained by a noble ardor and indomitable 

pluck, by his Christian faith aud heroism, and died the death of a Christian patriot, deeply lamented by all of his friends and fellowcitizens. · Mr. President, I beg leave to offer the following resolution: 

&solved, That, as an additional mark of respect for the memory of Mr. FERRY, 

the Senate do now adjourn. · 

The resolutio~ was agreed to unanimously; and the Senate (at two 

o'clock and thirty-five minutes ,p.m.) adjourned. 

HOUS.E OF REPRESENTATIVES. 

TUESDAY, .February 8, 1876. 

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

I. L. Tow ' SEND, D. D. · The SPEAKER. Before the reading of tbe Journal is begun the 

Chair will state that, the Jomnal of yesterday's proceedings being 

lengthy, he will, unless objection be made, direct the Clerk to abbreviate somewhat the reading, so as to save a quarter of an hourormore. 

There was no objection. 

The Journal of yesterday was read and approved. 

ENROLLED BILLS. 

Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, 

reported that they had examined and found truly enrolled au act (H. 

R. No. 1053) providing for the payment of judgments rendered under 

section 11 of chapter 459 of the laws of the first session of the Fortythird Congress; when the Speaker signed the same. 

ACTIONS IN CASES OF DEATH FROM WRONGFUL ACTS, ETC. 

The SPEAKER. The morning hour begins at twenty-three minutes 

to one o'clock, mid the regular order of business is the call of com- mittees for reports of a public nature, the call resting with the Committee on the Judiciary. The pending quest-ion is on the bill (H. R. 

No. 1210) authorizing actions in ca es of death resulting from wron~­

ful act, neglect, or default, reported from the Committee on the Jndl-

. ciary on Thursuay morning last by the gentleman from Ohio [Mr. 

LA WRRNCE] and pending at the expiration of the morning hour. 

:Mr. TOWNSEND, of Pennsylvania. I ask that the bill be read as amended by the Committee on the .Judiciary. The bill was read, as follows: 

That whenever the d eath of a p rson shall be caused in the District of Co1nmb.ia by the wrongful act, nt- ect, or default of any person or corJlora.tion, and the act., neglect, or, default i such as would (if death had not nsned) have entitled the 

party injured, or, if she be a manied woman, her husband, either separately or to- geth~· with her, to mflintain an action antl recover dwnages in respect thereo'f, then. and m every snch case, the person who or corporation which would have been 

liable if death had not ensned shall be liable to an action for damacres for the injuries resulting from snch death, notwithstanding the death of the person injurl'd 

an!\ although fut- death shall have been caused under snob circumstances as amount in law to a felony: Provided, That in llO such case shall the recovery exceed the sum of $5.000. 

SEc. 2. That every such action shall be brought by and in the name of the per- sonal represent .tive of such deceased person, and wlthin twelve calendar months 

!1'fter his or ~ death: Tho j nry in :l;DY s~ch action may a. ward such dama~es a. to It may seem tau andJn t, and may direct m what proportion they shall be distributed to the wife, husband, parent, and child of the deceased. 

SEc. 3. That the amonnt recovered in any such a.ctiou shall. after the payment 

of .costs and reasonable attorneys' fees, be paid to the wife, husband, parent, a.ad child of the deceased, in such proportion as the jury may have directed, or if they 

have not directerl. MCOrdin;:J to the tatute of distrl.bntions, and shall be fr!ee from 

all debts and liabilities of tile decea ed; but, if thore be no wife, husband par nt or child, the amount so recovered shall be a ets in the hands of the pewnal rqp: re entatives, to be disposed of MCOrding to law. 

SEc. 4. That the rights of action under this act shall not determine, nor shall such 

actions when brought abate, by the death of the defendant. 

Mr. LAWRENCE. Mr. Speaker, this is the bill which I had the 

privilege of introducing on the 18th of January. It has been con idered by the Judiciary Committee, and in the form in which it is rec- ommended by them has already been 1·ead to the House. 

I will state in a few words what this bill is, the necessity for it, 

aml its purpo e and effect. To tho e who are familiar with "Lord Campbell's act," pas ed in 

England in 1846, and similar statute in many of the States of our Union, it. will be sufficient to say this bill is in most respect-s sub tantially the same as those. 

There is no statute in the District of Columbia similar to anv of 

those I have mentioned, and this bill is reported simply to proYille 

the same remedies here which now exist in England and many of our States. 

The bill simply gives a right of action for the benefit of tho e who are most aggneved and injured when" the death of a person shall be 1 

caused by the wrongful act, neglect, or default of any person or cor- porat.ion," and it authorizes a recovery of damages "for the injuries 

resulting from such death, notwith tanding t.he death of the party 

injured." The amount recovered is by the terms of the bill to ~o '·to 

the wife, husband, parent, and child of the deceased;" or, if t.here be none such, then it is to" be assets in the hamls of the personal representatives, to be disposed of according to law," for creditors and 

distri butees of the decea,<oed. 

This, then, in brief, is the bill. 

The necessity for it is well understood by lawyers and those familiar with the statutes to which I have referred. 

The "common 'law" gel)erally is in force in the District of Columbia, and the statutes of Maryland existing on the 16th of July, 17UO, 

(1 Statut.es at Large, 1:-iO,) except so far as sincerepealedorchange by 

competent authority iu the District. But neither the common law, nor these statutes of Maryland, nor any act of Congress or other law of 

the District gives a remedy for the injut'ies provided for in this bill. 

It is to be carefully noted that. inca es of death re.'lulting from t,he 

"wrongful act, neglect, or default of any person or corporation" there 

may be tu o cla.sses of injuries. 

First. If the person injured survives for a time and finally dies in a longer or shorter period he may suffer in the interruption of his business, in his feelings, and in the impaired power or loss of the faculties 

of his body and mind. The e are injuries to him. While be yet sur- vives he hasoy the commo-n law a right of action which be may prosecute to judgment, and if hesnbsequent1y dies it is assets in the hands 

of his personal representatives as other chattel property. 

But by the common law, if the part.y injured dies either before snit 

brought or after suit but before final judgment, the right of action 

is gone, and the personal repre entatives cannot commence an action or proceed with one already commencAd. 

This all rests upon a maxim of the common law: "Actio personalis 

nWJ'itut· CU1n persona." 

This rule applies only to personal actions for torts, whether re- sulting in death or not. Hence, if a party dies from natural can , his personal actions for tort determine, and pending suits on ncb 

causes of action abate. 

In many of the States this rule of the common law is abrogated by 

st.atute as to all or some classes, of personal rights of action and p ncling actions for torts, and suits may be commenced, or, if commenced, 

may be revived, in favor of the personal representatives. 

This rule of the common law ha..s been abrogated ifi: Massacbusett.s, 

and by express statute such rights of action survive. Hence in D~ucroft vs. The Boston and Worcester Railroad Company, 11 Allen (Massachusetts) Reports, 34, the court held thatAn action at la.w to recover ·damages for an ininry whlch canses immediate insen- sibility and death in fifteen minutes survives to the administrator of the estate of _the 

deceased. 

That case was twice before the supreme court, and was argued 

with great ability by my distinguished friend from Massacbn etts, 

[Mr. HoAR.] The result was that the court held that, although the 

injured party survived but fifteen minutes, he during that time had a right of action at common law, and this was preserved by the statute to his personal represen,ati ve. · In this class of cases damages are given only for the injnry to the 

persmt in his life-time, not including anything on account or by 1·eas01~ 

of th~ death. · 

In this District the law in this class of ca-ses is rather in an anomalous