r 

• 

2222 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28,. 

the Secretary of the Treasury, and the Commissioner of the Internal 

Revenue, it can hardly be possible on a state of facts like that that 

the Government as thus represented would stand upon a technical 

point. But when they come and ask us to adjudge that as matter of 

Jaw, as has been argued here, this tax is not due and that we are going so to decide, that is a horse of a very different color. It is a decision that would fly in the face of other decisions made by courts and 

made by the Internal Revenue Department, and therefore I say that 

this bill in this form ought not to be adopted. . My honorable friend told us that he went, very properly and very 

kindly, with the representatives of this corporation and presented the 

question to the Commissioner of Internal Revenue, and although the 

Senator himself took the trouble to go there and although we know 

that his going secured the attention and the friendly attention of this 

officer, what did he say Y That he, the Commissioner of Internal Revenue, standing upon the law and sworn to execute it, could do nothing except to insist upon this tax, thereby affirming in the most sol- emn manner his judgment that the l~~tw covered the tax. 

Now, change the argument. Present to the officers of the Government the meritorious and praiseworthy act to which the honorable 

Senator has referred; dismiss technicalities, and say "Conceding that· technically the tax is due, we ask to adjust this upon fair principles, 

right between man and man, right on the part of officials who have a heart to feel and a head to think," and then if the officials refnso to 

do that and you come here with a bill not trampling the law under 

foot but proposing to accept a fair compromise, l will say to the honorable Senator in advance, without meaning to make any technical 

pledge, that he will find me by his side for doing a fair and liberal 

thing; bnt that is no reason why we should undertake to adjudge in 

this case that on facts like these the Government is technically wrong 

and that no tax is due. 

Mr. BALDWIN. Will the Senator having this bill in charge kindly 

consent to lay it aside temporarily for a moment that the Senate may 

give present consideration to the bill that will take not more than a minutef 

The PRESIDING OFFICER. The Senator from Michigan asks 

consent of the Senate to lay this bill aside temporarily, in order to take 

up another indicated by him. 

Mr. BALDWIN. It is a bill which will not take more than a minute. This is the first time during the session, I believe, that I 

have asked snch a favor. 

Mr. BAYARD. The joint resolution for the relief of the Reading 

Railroad Company is before the Senate . The PRESIDING OFFICER. That is before the Senate, and the 

Senator from Michigan asks that it be temporarily laid aside. 

Mr. BAYARD. I hope not. 

Mr. BALDWIN. The bill I ask to take up will excite no discussion. 

The PRESIDING' OFFICER. Is th~re objection 7 

Mr. BAYARD. Yes, sir, this resolution must go on. The PRE8IDING OFFICER. The Senator from Delaware.objects 

to- the request of the Senator from Michigan. 

Mr. KERNAN. I move that the Senate do now adjourn. 

Mr. HARRIS. Had we not better take a recess Y 

Mr. KERNAN. Allow me to make a statement f We have accepted 

the invitation of the House of Representatives to attend the services 

ordered this evening in commemoration of Hou. FERNANDO WOOD, 

and I presume we cannot properly sit here while they are going on. That is the reason why I must insist on the motion. If it were not 

for that I would vield for a recess. The PRESIDING OFFICER. Does the Senator from New York 

insist on his motion to adjourn 7 • 

Mr. KERNAN. I yield for a moment to the Senator from Connecticut. 

Mr. EATON. I ask that the bill which was under consideration 

when I gave way temporarily to the Senator from Delaware betaken 

up so that it may be the order of the day. 

The PRESIDING OFFICER. The Senator from Connecticut baa a right to call it up it having been informally laid aside subject to his 

call. The titlt> of the bill will be reported. 

The CHIEF CLERK. "A bill (S. No. 20~) in relation to the Japanese indemnity fund." 

Mr. KERNAN. I renew my motion that the Senate adjourn. 

The motion was agreed to; and (at six o'clock and eight minutes 

p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

MONDAY, February 28, 1881. 

The House met at eleven o'clock a.m. Prayer by Rev. DA vm WILLS, 

chaplain United &f;ates Army. 

The Journal of Saturday was read and approved. 

MESSAGE PROM THE SENATE. 

A message from the Senate, by Mr. BURCH, its Secretary, announced 

the passage of the bil~ (H. R. No. 7104) making appropriations for the con~trnct1on, completion, repair~ and preservation of certain works on ~1vers and harbors, and for other purposee, with amendments, in 

which concurrence was requested. 

It further announced the passage of the following bill and joint resolution, without amendment: 

A bill (H. R. No. 6717) for allowance of certain claims reported by 

the accounting officers of the Treasury Department; ancl 

Joint resolution (H. R.No. 401) in relation to the barge W. J. Spicer~ 

DECADE~CE OF AMERICAN COMMERCE. 

Mr. REAGAN. I rise to a privileged question. On Saturday the 

gentleman from Massachusetts, [Mr. RUSSELL,] by unanimous con- sent, presented the report of the sub-committee of the Committee on Commerce, authorized under House resolution of J nne 4, 1879, to inquire into the causes of the decadence of the merchant marine; which was ordered to be printed and recommitted. The Journal makes no statement of the fact that the minority of the committee had leave 

to print with the majority report the views of the minority. I d() 

not know whether it is necessary that fact should appear upon the 

Journal; but I ask the question Y 

The SPEAKER. The RECORD and Journal are exactly in accord. 

There seems to have been no privilege given to the minority to present their views. The Chair will now ask, by unanimous consentt 

that the views of the minority may be allowed to be presented and 

printed in connection with the report of the committee. 

There was po objection, and it was ordered accordingly. 

SUNDRY CIVIL APPROPRIATION BILL. 

The SPEAKER. The previous question prevailing, the yeas and 

nays have been ordered on an amendment repGI'ted from the Committee of the Whole on the state of the Union, which the Clerk will 

read. 

The Clerk read as follows : 

Strike out the following proviso in relation to the Columbian Institution forth& 

Deaf and Dumb: 

"Pro'Vided, Hereafter one-half of the expenses of this institution shall be paid out of the revenues of the District of Uolnmbia." 

The SPEAKER. The Clerk will call the roll. 

The Clerk proceeded to call the roll. 

Mr. ATKINS. Mr. Speaker, I do not think the House understands 

the effect of t.hat provision. 

The SPEAKER. The question is on concurring in the recommendation of the Committee of the Whole Honi!e on the state of the Union, 

which is to strike out the proviso just read. 

Mr. HUNTON. If there is an explanation desired of the effect of 

this proviso I will make it for the gtmtleman. 

Mr. ATKINS. I do not suppose the gentleman wants us to vote in 

the dark upon it. 

Mr. HUNTON. By no means. . Mr. ATKINS. Unless the effect of that amendment is clearly ex- plained to the House I shall feel it my duty to decline to vote. 

Mr. ROBESON. Mr. Speaker, those who vote "ay" vote to strike 

out the proviso; those who vote "no," to retain it. 

The SPEAKER. The Chair has already so stated. 

Mr. STEPHENS. Let the whole text be read as it will stand i1 

that paragraph is stricken out. 

The amendment was again reported. 

The question was taken; and there were-ayes 136, noes 106, noi 

voting 48; as follows: 

YEAS-136. 

Aiken, Deering, Kenna, Ryon, .John W • .Aldrich, N. W. Dick, Ketcham, Sapp, .Aldrich, William Dunnell, King, Sawyer, Bailey, Dwight, Lapham, Sco""ille, Ballou, Ellis, Lindsey, Shelley, Barber, Errett, Mann in~ Sherwin, 

Batfue, Ferdon, Martin, nj. F. Singleton, .T. W. 

Be ord, Fisher, Martin, Edward L. Slemons, 

Belt.zhoover, Forsythe, Mason, Smith, A. Herr Bicknell, ~e, McCook, Smith, William B. 

Bisbee, G son, McGowan, Speer, Blake, Gillette, McKinley, Stalin, 

Bowman, Goode, McLane, Stephens, Boyd, Hammond, .John Miles, Stone, 

Bngham, Harmer, Miller, Talbott, 

Browne, Harris, Benj. W. Money, Taylor, Ezra B. 

Buckner, Harris, John T. Monroe, Thomas, 

Butterworth, Hawk, Neal. Thompson, W. G~ 

Calkins, Hawley, Newberry, Townsend, .Amos 

Camp, Hayes, Norcross, Tucker, 

Carpenter, Hazelton, O'Neill, Updegra~ J. T. 

Caswell, Heilman, O'Reilly, Urner, 

Chalmers, Henkle, Orth, Valentine, 

Uhittenden, Hiscock, Osmer, VanAernam, Clardy, Horr, Overton, Voorhis, 

Conger. Hubbell, Pacheco, Ward, 

Cowgill, Humphrey, Page, Washburn, 

Crapo, Hunton, Price, "Wilber, 

Crowley, .Johnston, Ray, Willits, 

Daggett, Jones, Reed, Wise, 

Davidson, .T orgensen, Rice, Wood, 

Davis, George R. Joyce, Robertson, Yocum, 

Davis, Horace Keifer, Robeson, Young, Casey DeLa.Matyr, Kelley, Robinson, Young, Thomas lo ~ 

NAYS-106. 

Acklen, Bland, Burrows, Clements, 

.Anderson, Blount, Cabell, Cl~er, Armfield, :Bouck, Caldwell, Cob, 

Atherton, :Bragg, Cannon, Coffroth, 

Atkins, :Brewer, Carlisle, Colerick. 

Berrv, Brig~, Clark, .A.lvah A. Converse. 

Blackburn, Brig t, Clark, .John B. Cook, 

. 

I 
1881. CONGRESSIONAL RECORD-HOUSE. 2223 

Phelps, Thompson, P. B. 

Philips, Tillman, 

Phister, Turner, Oscar 

Poehler, Turner, Thomas 

Prescott, Updegr~ Thomas 

Reagan, Vance, 

Richardson, J. S. Van Voorhis, 

Richmond, Weaver, Ross, Wellborn, 

Rothwell, Wells, 

Ryan, Thomas White, 

Samford, Whiteaker, 

Scales, 'Vhitthorne, 

Simonton, Williams, Thomas 

Smith, Hezekiah B. Willis, 

Sparks, Wilson, 

Springer, Wright, Steele, Yeates. 

Stevenson, 

Taylor, Robert L. 

Cox, Hill, 

Cravtms, Hooker, 

Culberson, Hostetler, 

Davis, Lowndes H. Hutchins, 

Deuster, Kimmel, 

Dibrell, Klotz, 

Dickey, Knott, 

Dunn, Ladd, 

Elam, LeFevre, 

Evins, Lounsbery, Felton, Lowe, 

Forney, McCoid, 

Frost, McKenzie, 

~~ter, M~~fJ~i~n, 

H~mond, N.J. Mills, ' 

Haskell, Morrison, 

Batch, .Muldrow, 

Herbert, New, 

Herndon, Nicholls, 

NOT VOTING-48. 

Bachman, Ford, Loring, Richardson, D. P. 

Baker, Fort, M:nsb, Russell, Daniel L. 

Barlow, Geddes, Mitchell, Russell, Wm. A. 

Beale, Godshalk, Morse, Shallenberger, Bingham, Henderson, :Morton, Singleton, 0. R. 

Bliss. Henry, Muller, Townshend, R. W. 

Claflin, Honk, Murch, Tyler, 

Covert, House, Myers, Upson, Davis, Joseph J. Hurd, O'Brien, Waddill, 

Einstein, James, o·connor, Wait, 

Ewing, Killinger, Persons, Warner, 

Finl<ly, Kitchin, Pound, WilliaJns, C. G. 

So the amendment was agreed to. 

Mr. ~.,ORD. Mr. Speaker, I ask consent to record my vote. 

The SPEAKER. The gentleman does not appear to have answered 

to his name on either calll:>f the roll. 

Mr. FORD. I was present in the House during the roll-call. 

The SPEAKER. The Chair is unable to ask unanimous consent if 

the gentleman failed to respond to his name when it was called. 

The following additional pairs were announced: 

Mr. JAMEs with Mr. O'BRIEN. 

Mr. EINSTEIN, on all political questions, with Mr. MULLER. 

Mr. SINGLETON, of Mississippi, with Mr. Pomm. 

Mr. WILLIAMS, of Wisconsin, with Mr. GEDDES. 

:Mr. HENDERSON wit.h Mr. TOWNSHEND of Illinois. 

Mr. 0RTH with Mr. MYERS. , Mr. RussELL, of Massachusetts, and Mr. UPSON, on this vote. 

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

The SPEAKER. The Clerk will read the next amendment reported 

from the Committee of the Whole. 

The Clerk read a.s follows: 

In line 1162 insert the following: 

"To supply districtjudJtes and di.strict attorneys, who have not already received 

the same, with the reports of the Supreme Court and Statutes at Large of the 

United States, and also to furnish complete sets of the same where there are none, at such points where United States courts are auth(lrized to be held, and to supply broken sets where there are missing volumes, a sufficient sum of money is hereby " ppropriated." 

The amendment was agreed to. 

The Clerk read the next amendment reported from the Committee 

of the Whole, as follows: . To enable the Attorney-General to provide for the preservation of the records 

of the United States courts at Frankfort, Kentucky, by rebinding, indexing, and 

arranging the same under his direction, $1,000. 

The amendment was agreed to. 

The Clerk read the next amendment reported from the Committee 

of the Whole, as follows : 

After the amendment just reported insert the following: 

•' For the purpose of preparing and publishing the reports of the supreme court of the Territory of Wyoming during the .March term, 1878 to 1881, $1,000." 

The amendment was agreed to. 

The Clerk read the next amendment reported from the Committee 

of the Whole, as follows : 

In line 1214, after the word "~jection," insert the following: "Provided, That the commissioners on the part of the United States shall be 

instructed to agree to no adjustment which does not recognize silver coin as a part 

of the money system of the governments joining in such conference." 

Mr. W ARN.ER. I ask the attention of the House on that question. It is inconsistent with the rest of the provisions of that paragraph. 

If the House will allow me a moment to explain the reason of this· objection--

Mr. BLOUNT. I object. 

Mr. WARNER. I call for a division upon this proposition. 

The House divided; and there were-ayes 55, noes 85. 

Mr. BLAND .. I demand tellers. 

Tellers were not ordered, seventeen members only voting in favor 

thereof. 

So the amendment as reported from the Committee of the Whole wa.s disagreed to. 

The SPEAKER. The Clerk will read the next amendment re- ported from the Committe~ of the Whole. 

The Clerk read as follows: 

strike out from the amendment of the Committee of the Whole the 

words " 15th day of J nne " and insert in lien thereof " the 1st day of 

July." My object in doing this is to include others who would be 

omitted under the provisions of the amendment as at present incor..-

porated in the bill, and who are just as much entitled to the m\e 

month's extra pay as those who will receive it unde,r the terms of theamendment as it stands. 

The SPEAKER. Does the gentleman contemplate the insertion' in 

this of the session employes as well f . Mr. KEIFER. No, sir; that is not the effect of it. It ha.s no refer- ence to the session employes. 

Mr. MARTIN, of Delaware. I propose to further perfect the text. 

The SPEAKER. It can be done onlv by unanimous consent. 

Mr. WHITE. Let the proposed mod:i.:fication be read. I reserve- the right to object to it. 

The SPEAKER. The gentleman reserves the right to object. 

Mr. MARTIN, of Delaware. I wish to perfect the amendment 

further by adding after the change suggested by the gentleman from 

Ohio the words "and the 1st day of March, 1881.~' 

The SPEAKER. It might perhaps be better to have the corrections 

made in the Senate. 

Mr. BLOUNT. I hope the gentleman from Ohio will aooept the 

modificat-ion of the gentleman from Delaware. 

Mr. WHITE. Let the amendment first be read as the gentleman 

from Ohio [Mr. KEIFER] now proposes to amend it. 

The Clerk read a.s follows: 

To enable the Clerk of the Honse to pay to the officers and employ6s of the House 

of Representatives borne on th~ annual roll on the 1st day of July, 1880, one- month's extra pay at the compensation then paid them by law, which sum shall 

be immediately available. 

Mr. BLOUNT. I shall not -object if the gentleman accepts themodification suggested by the gentleman from Delaware. 

Mr. KEIFER. ,Let this be agreed to :first, and then I will make 

the request to add the words proposed by the gentleman from Dela- ware. 

The SPEAKER. The proposition of the gentleman from Ohio is to 

strike out the words " the 15th day of J nne " and to insert in lleu 

thereof" the 1st day of July," the effect ·of which the Chair is unable 

to state. 

Mr. KEIFER. The effect of this is to include those who were on the roll on the 1st of July and not before that time; those who went 

into the folding-room and worked all through the vacation. 

Mr. ARMFIELD. I object to the amendment offered by the gentle- man from Ohio unless that of the gentleman from Delaware be also 

admitted. 

The SPEAKER. The Chair cannot entertain an objection qualified in that way. The gentleman has a right to object absolutely, 

and that would put an end to the proposition of the gentleman from 

Ohio. 

Mr. ARMFIELD. I do not insist on the objection. 

Mr. KEIFER. If there be no objection to my propoiition I will 

make the further request--

The SPEAKER. Is there objection to the gentleman from Ohio 

being permitted to offer the amendment to strike out "the 15th. day 

of J nne" and insert " the 1st day of July Y" 

There was no objection. 

Mr. KEIFER. Now I ask unanimous consentMr. McMILLIN. I object to any further amendment. 

Mr. KEIFER. I ask unanimous consent to add--

The SPEAKER. The gentleman from Tennessee objects to any 

further amendment. 

Mr. KEIFER. He has not heard my proposition. 

The SPEAKER. He objects, nevertheless. 

Mr. KEIFER. He will not object to my making a proposition. 

The SPEAKER. The Chair objects to that ; because it is a needless taking up of time after objection has been made. 

Mr. HATCH. I demand the regular order. 

The question being taken on Mr. KEIFER's amendment to the 

amendment, it was agreed to. 

Mr. McMILLIN. I withdraw my objection to the other proposition. 

The SPEAKER. The gentleman from Missouri [Mr . .HATCH] has 

demanded the regular order, which practically cuts off any further 

amendment. . Mr. HATCH. My object in demanding the regular order was tliat 

the matter should be stated and voted on without discussion. My 

objection was to any further waste of time. 

Mr. KLOTZ. I ask unanimous consent to add the Capitol police. 

Mr. VANCE. And the watchq:ten. 

Mr. HAYES. I demand the regular order. I object to any further 

amendment. All this can be done in the Senate if necessary. The question being taken on the amendment of the Committee of 

the Whole as amended, it was agreed to. 

The next amendment reported from the Committee of the Whole was read, as follows : 

To enable the Clerk of the Honse to pay to the officers and employ~s of the House 1:-fTterhattthheeaCmleernkdmofetnhtejnHsotusadeoopftedRe'pi~esseer;:tative• be, and he is hereby, authorized of Representatives borne on the annual roll on the 15th day of June, 1880, one ., month's extra pay at the compensation then paid them by law, which sum shall be and directed to pay to Charles Diemar a sum ~nal to one month's pay at Ule date 

immediately available. of his discharge from the disabled soldiers' roll. ' 

Mr. KEIFER. I desire to ask unanimous consent of the House to - The amendment was agreed to. 
, 

'2224' CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28, 

.The next amendment reported from the Committee of the Whole 

W,::a.cf read, as follows : 

·.After line 1235 insert "to be made immediately availa-ble." 

The amendment was agreed to. . The next amendment reported from the Committee of the Whole was read, as follows : 

'After line 1238 insert "which amount shall be immediately available." 

The amendment was agreed to. 

The next amendment reported from the Committee of the Whole was read, as follows : 

After line1242 insert" M.P. O'Connor, $2,000 ; E. W. M. Mackey, $2,000." 

Mr. ATHERTON. I will require a separate vote on each of the 

amendments relating to contested-election cases unless I can have the 

consent of the Honse to have one vote taken upon them all. I think we can economize the time of the Honse and accomplish everything we desire by taking a yea-and-nay vote on all the amendments together that propose to increase the amounts in contested-election cases. I£ that cannot be agreed to, I will demand a separate vote on ~ach amendment. 

The b"PEAKER. An amendment coming from the Committee of 

the Whole Honse on the state of the Union cannot be divided; and 

the Chair .does not know any way in which an aggregate of amendments can- be voted on in the way suggested. 

Mr. BLOUNT. I call for the regular order. We will get through more quickly by proceeding regularly. 

Mr. WHITE. Just one moment. There are a number of amendments of the same character. I suggest we shall have two votes, one against all the amendments relating to expenses of contested- ~lection cases inserted by the Committee of the Whole, and another 

separate yea-and-nayvote on all amendments which appropriate more than $2,000. 

The SPEAKER. There is no way in which that can be done under 

the role; an amendment coming from the Committee of the Whole 

must be voted on in its entirety. 

Mr. WIDTE. I have made the proposition in order to save time. 

Two yea-and-nay votes, I think, would settle the principle. 

Mr. BLOUNT. I insist on.the regular order. 

Mr. WHITE. I call for the yeas and nays on the amendment. 

On the question of ordering the yeas and nays, there were-ayes 

4; not a sufficient number. 

So the yeas and nays were not ordered; and the amendment was agreed to. ·The next amendment reported from the Committee of the Whole was read, as follows: 

After line 1\H4, insert: 

"To pay John .r. Wilson, $750 ; .r. C. Holmes, $750; .Tames :McCabe, $500." 

The question being taken on agreeing to the amendment, there 

were-ayes 75, noes 77. 

Mr. SPRINGER. I ca1l for tellers. 

On the question of ordering tellers, there were ayes 26. 

The SPEAKER. Tellers are not ordered. 

Mr. SPRINGER. Let the other side be counted. 

The SPEAKER. The gentleman on the question of ordering tellers 

is not entitled to have the other side counted, because the rule re- quires one-fifth of a quorum, namely, thirty members, to order tellers. 

The gentleman can call for the yeas and nays. 

Mr. SPRINGER. · This is as good a case as any for a test, and I call 

for the yeas and na.ys. • On the question of ordering the yeas and nays there wertr-ayes 

17; not a sufficient number. 

Mr. SPRINGER. I call for tellers on the yeas and nays. 

Tellers on the yeas and nays were not ordered. 

So the yeas and nays were not ordered ; and the amendment was not agreed to. 

The next amendment reported from the Committee of the Whole was read by the Clerk, as follows: 

.After line 1254 insert: " E. Moody Boynton, 2

1

000. 

" Godlove S. Orth, $500. ' 

Mr. SPRINGER. Those are two separate amendments and should 

be -voted upon separately. . Mr. HAYES. Do they not come from the Committee of the Whole as one amendment Y 

THE SPEAKER. The Clerk informs the Chair they were offered as separate amendments and adopted by separate votes. The question will be taken upon agreeing to the first amendment. 

The first amendment was as follows: 

E. Moody Boyton, $2,000. 

The amendment was agreed to upon a division-ayes 96, noes 18 ; no further count being called for. 

The next amendment reported from the Committee of the Whole was read, as follows : 

Godlove S. Orth, es<JO. 

Mr. SPARKS. The proposition to pay McCabe, the contestant, was voted down. 

Mr. PHISTER. We either ought to give McCabe $.500 or else not 

pay either. 

Many MEMBERS. ~ Regular order! 

The SPEAKER. Debate is not in order. 

The question was taken upon agreeing to the amendment, and upon a division there were-ay"es 91, noes 42. 

Before the result of the vote was announced, 

Mr. SPARKS called for the yeas and nays . Mr. SPRINGER. I hope the yeas and nays will not be taken, but 

that we will agree to inclnde-[cries of" Regular order!"] 

The SPEAKER. Debate is not in order. 

The yeas and nays were not ordered, there being but 3 in the affirmative. 

So the amendment was agreed to. 

The next amendment reported from the Committee of the Whole was as follows : 

To pay Frank It. assistant to the journal clerk, his salary for December, 1880, 

and up to aud including .Tanuary 27,1881, at $6 per day, the pay of a committee 

clerk, $318, to be immediately available. 

The amendment was agreed to. 

The next amendment reported from the Committee of the Whole wa-s to insert after line 1264 of the bill the following : 

A. G. Curtin, $8,000; Seth H. Yocum, $3,000. 

Mr. BLOUNT. Upon agreeing to that amendment I call for the 

yeas and nays. 

The yeas and nays were ordered, there being 49 in the affirmative; more than one-fifth of the last vote. 

The question was taken; and there were-yeas 124, nays 103, not 

voting 63 ; as follows : 

Acklen, 

Aldrich, William 

Anderson, Atkins, 

Bachman, Bailey, Baker, 

Barber, Bayne, 

Belford, 

Beltzhoover, Bingham, 

Bisbee, 

Blackburn, Blake, 

Bliss. 

Boyd, 

llngham, 

Burrows, 

Butterworth, 

Caldwell, 

Calkins 

Camp, ' 

Cannon, 

Carpenter, Caswell, 

ClafiiD., 

Clark, Alvah A. 

Coffroth, 

Col erick, Conger, 

Aiken, 

Aldrich, N. W. 

Armfield, 

Atherton, Beale, Berry, 

Bicknell, 

Bland, 

Blount, 

Bouck, 

Bowman, Bragg, 

Briggs, 

Bri ht, Bu~er, Cabell, 

Chalmers, 

Chittenden, 

Clardy, 

Clark, .T ohn B. 

Clements, Cobb, 

Cook, 

Crapo, 

Cravens, 

Culberson, 

YEAS--124. 

Converse, CowJtill. 

Crowley, Dag~ett, 

DaVIdson, 

Davis, George R. 

Davis, Horace 

DeLa.Matyr, 

Dunnell, 

Dwip;ht, Errett, 

Ferdon, Finley, 

Fisher, 

Ford, 

Forsythe, Gillette, 

Goode, 

Harmer, 

Haskell, 

Hawk, 

Hawley, 

Hazelton, 

Heilman, Hiscock, 

Horr, 

Hubbell, 

Humphrey, Hunton, 

.Tones, 

.r orgensen, 

Keifer, 

Kelley, 

Kenna, 

Klotz, 

Ladd, 

Lindsey. 

Lowe, 

Manning, 

Mason, 

McCook, 

McGowan, 

McKinley, 

Miller, 

Monroe, 

Morton, 

Muldrow, 

Norcross, 

O'Neill, 

O'Reilly, 

Osmer, 

Overton, Pacheco, 

Pa~e, 

Phister, 

Ra.yt 

Reea, 

Richardson, .r. S. 

Richmond, 

Robeson, 

Rothwell, 

Ryan, Thomas 

NAYS-103. 

Davis, Lowndes H. Le Favre, 

Deuster, Lounsbery, Dibrell, Martin, Benj. F. 

Dickey, Martin, Edward L. 

Dunn, McKenzie, 

Elam, McLane, 

Evins, McMahon, 

Felton, McMillin, 

Forney, Miles, 

Geddes, Mllls1 Gunter, Mornson, 

Hall, :Morse, 

Hammond, N . .r. Myers, Harris, .Tohn T. New, 

Hatch, Nicholls, 

Herbert, Persons, 

Herndon, Phelps, Hill, Phili s, Hooker, Poe~er, Hostetler, Prescott, 

.Tohnston, Reagan, 

.royce, Rice, 

Ketcham, Richardson, D. P. 

Kimmel, Robinson, · King, Ross, 

Lapham, Samford, 

NOT VOTING-63. 

Ballou, Frye, Knott, 

Barlow, Gibson, Loring, Brewer, Godshalk, Marsh, 

Browne, Hammond, .Tohn McCoid, 

Carlisle, Harris, Benj. W. Mitchell, 

Clymer, Hayes, Money, 

Covert, Henderson, Muller, 

Cox, Henkle, Murch, 

Davis, .Toseph .r. Henry, Neal. 

Deering, Honk, Newberry, Dick, Honse, O'Brien, 

Einstein, Hurd, O'Connor, 

Ellis, Hutchins, Orth, 

Ewing, .Tames, Pound, 

Fort, Killinger, Price, 

Frost, Kitchin Robertson. 

So the amendment was agreed to. 

Ryon, .Tohn W. 

Sapp, 

Sawyer, 

Shallenberger, 

Sherwin, 

Slemons, 

Speer, 

Springer, 

Starin, 

Stephens, 

Stevenson, 

Talbott . Taylor, Ezra B. 

Thompson, W. G. 

Townsend, Amos 

Turner, Thomas 

Tyler, 

U"pdegratr, Thomas 

VanAernam, 

Vance, 

Voorhis, 

Ward, 

Weaver, 

Williams, C. G. 

Willits 

Wilson: 

;~~ Wright, 

Yeates, 

Young, Thomas L. 

Scales, 

Scoville, 

Shelley, 

Simonton, 

Smith, A. Herr 

Smith, Hezekiah B. 

Smit.b., William E. 

Sparks, 

Steele, 

Taylor, Robert L. 

Thomas, ~ 

Thompson, P. B. 

Tillman, "' 

Turner, Oscar 

Updegraff, .r. T. 

Van Voorhis, 

Wait, 

Wellborn, 

Wells, 

White, 

Whiteaker, Whitthorne, 

Wilber, 

Williams, Thomas 

Willis. 

Rnssell, Daniel L. 

Rassell, W. A. 

Singleton, .T. W. 

Singleton, 0. R. 

Stone, _ Townshend, R. W. 

Tucker, 

Upson, Urner, 

Valentine, 

Waddill, 

Warner, 

Washburn, 

Yocum, 

Young, Casey. 
1881. CONGRESSIONAL RECORD-HOUSE. 2225 

The following additional pairs were announced : Mr. ELLis with Mr. MITCHELL, on this vote. 

Mr. RussELL, of Massachusetts, with Mr. UPSON, on the sundry 

civil appropriation bill. 

Mr. MONEY with Mr. STABIN, for this day, on all questions except 

to make a quorum. 

Mr. URNER with Mr. DICK, on this vote. 

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

Mr. KEIFER moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

Mr. WEAVER. I ask consent to print in the RECORD some re- marks on the amendment just adopted. 

There was no ·objection. [See following.] 

Mr. WEAVER. Mr. Speaker, I wish to submit a few remarks touching the amendment to pay the expenses in the contestep.-election case of Curtin vs. Yocum. This was an extraordinary case. There were over twenty-four hundred witnesses examined and over ten thousand 

pages of printed matter submitted in this case to the consideration of 

the committee. The Election Committee concluded to recommend the 

allowance of $8,500 to each of these contestants, although the sworn vouchers on :file with the committee establish the fact that Andrew 

G. Curtin expended in legitimate costs the sum of $14,842, and that 

Seth H. Yocum expended the sum of $13,213.01. 

Now, this amendment only allows the parties about one-half of their 

actual legitimate expenses. It is a case of extreme hardship. The 

whole country is interested that no man shall retain his seat here who 

is not honestly elected, and we must all protect the purity of this 

body; and yet in this instance, even after paying the sum authorized 

in this amendment, we are protecting the interests of the whole people and the dignity of this House at the expense of these parties. 

r.rhe following tables will show the items of expenditure of both the 

contestant and contestee, though other items expended, not herein 

exhibited, would increase the amount several thousand dollars: 

Hon. A. G. Curtin -va. Hon. S. H. Yocum. Contested-election case. Twentieth 

d.istrlct of Pennsylvania. Contestee's bill of expenses. 

SmrnARY. 

t ~~~;.~~!.!.~::!.:::.::::.:.:.~(g!.m".f/)".:".~)N/:::: .. :·:.~~-1~1 ~ 13, ~13 01 

Incidental expenses for wagons, carriages, hot~l bills, expenses at Washlngton. .consistin~ of clerk hire, hotel bill, telegraphlng, and othernecessaryexpenses, but not iucluaed in above bills, about three thousand dollars. 

.CITY OF W .ASHINGTOY, 

District of Columbia, ss: 

S. JI. Yocum the contestee within named, being duly sworn according to law, 

doth depose and say that the within bill of contest expenses, amounting to the sum .of 13,213.01, is correct and true, so far a.s made by himself, and as to so much as is made by others he believes the same to be correct and true. And further saith not. S.H. YOCUM. 

Sworn to and subscribed before me this 28th day of February, A. D. 1881. 

LBEAL.] FRANK GALT, Notar'lj Public. 

E~penses in contest-Ourtin vs. rocttm. 

<II of 4l) M~ rD 

4l) Q • Q c:l,.Q 

Q .... ........ 0 ~u; 

'He) -~ 0 ;gg C':i 

<Zip.. ~ § 

Q~ 

.... 0~ 0 ~ ~ai ~ a..,. <ZI<I> ..... Q 

C!),.Q _;.g ::::1~. til ~ 

~0 

=~ s~ ~;~ .g ~§ s~ "' -~ ..... PJ2:i te 0 

~ 0 

C) ~ ~ 6 

Centre County..... Sl, 478 22 921 24 $1, 535 31 . .. • • • . . .. $025 65 

~~%~ ~~iY:: :::::::::: ___ 3_4_5_~_o_ :::::::::~ :::::::::: :::::::::: Elk County........ 1, 076 99 626 35 ............................. . M:iffiin County ...................................................... . Union County.. .. . . 97 50 52 50 .................... ......... . Attorneys' fees • . .. . .. • • • . .. . . .. . . .. .. • . • .. • • . • • . $1, 500 00 ? 

Attorneys' fees . • • . ... . ...... ..... .. • • . . ... . . . . . . 2,174 00 5 • • • • • --· 

..; 

0 

8 

64,587 42 2, 307 43 

2,511 79 1, 703 34 723 00 150 00 

3, 674 00 

Total expenses .................................................... 14,842 00 

William H. Blair, attorney for A. G. Curtin, the above-named contestant, being duly sworn according to law, did depose and say that the above statement of diSbursements for expenses necessary in carrying on said contest is correct ; that he has actually paid the above amount of el4, 842, (with the exception of 1,845 which 

is still due, contestant being liable therefor;) that he, the said deponent, had en- tir~ charge of the d.isbursements on part of contestant, and knows of his own personal.lmowledge that tlle above statement .is correct and true. 

WM. H. BLAIR. 

Sob cribed aml sworn to before me this 21st day of May, 1880. 

CHAS. B. BEALL, 

NotanJ Public. 

The next amendment reported from the Committee of the Whole -was to insert after the amendment just adopted the following: 

That the sum of $1,500 be, and the same is hereby, appropriated, in addition 

Xl-140 

to the sums heretofore appropriated in this bill, respectively, to Noble A. Hull, 

Horatio Bisbee, jr., Ignatius Donnelly, and W. D. Washburn. 

To Joseph Mason, 2,000. . To Jesse J. Yeates and J. J. Martin, $250 each, in add.ition to the amounts heretofore appropriated to them in this bill. 

Mr. WIDTE. I call for a division on that amendment. 

The SPEAKER pro temp01·e, (Mr. McMlLLIN.) The amendment is 

reported from the Committee of the Whole as a single amendment, 

and under the"l'nle cannot be 'livided. · Mr. WHITE. The chairman of the Committee of the Whole on Saturday, in answer to an inquiry, stated that the amendment could 

be divided. It certainly is tmsceptible of a division under the rule, 

and I ask for a division. 

The SPEAKER pro tempore. The amendment could have been 

divided in Committee of the Whole; but the Chair knows of no rule 

under which it can be divided in the House. 

Mr. BURROWS. The amendment was an entirety, and so reported 

from the Committee of the Whole. 

Mr. SPARKS. Does the Speaker rule that this amendment cannot 

be divided 7 The Chair will notice that four or five or six of these 

items are increases, while only one is an original proposition. 

The SPEAKERp1·o tempo1·e. The Chair is informed by the Clerk 

that the amendment was reported to the House from the Committee of 

the Whole as one amendment, and being so reported there can now be no division of the amendment. 

Mr. WHITE. Now, Mr. Speaker, I call attention to the sixth clause 

of Rule XVI: 

On the demand of any member, before the question is put, a. question shall be 

d.ivided if it include propositions so distinct in substance that one being taken away a substantive proposition shall remain. 

I submit that this amendment embraces several substantive and 

distinct propositions; and I know no rule which prohibits these 

being voted upon separately. 

The SPEAKER p1·o tempm·e. The Clerk will read the rule which 

governs on this question. 

The Clerk read as follows : 

An amendment reported from the Committee of the Whole as an entire amend- ment is not d.ivisable. 

Mr. WHITE. From what cloes the Clerk read? 

The SPEAKER pro tempore. From the Manual, page 204. 

Mr. WHITE. 'l'he chairman of the Committee of the Whole on Saturday evening said, as the RECORD shows, that this amendment was divisable. 

The SPEAKER pro tempore. The Chair will state to the gentleman 

from Pennsylvania that if a divisjon had been called for in the Committee of the Whole, the amendment would have been divided, but 

there having been no demand for a division in the Committee of the 

Whole, and the amendment having been reported to the House as a whole, it must now be acted on as an entirety . Mr. WHITE. I gave notice in Committee of the Whole--

Mr. BLOUNT. I call for the regular order. 

Mr. WIDTE. I gave notice in Committee of the Whole that I would 

call for a distinct vote by yeas and nays on these separate items, and 

the RECORD so shows. 

The SPEAKER pro iC11tpo1·e. The gentleman from Pennsylvania can have a yea-and-nay vote in the House on-the. amendment, if the demand for the yeas and nays be sustained by one-fifth of the members 

present. 

Mr. WHITE. But I gave notice in the Committee of the Whole 

that I would call for a separate vote in the House on each item of this 

amendment. , . The SPEAKER pro temp01·e. But the Chair would state to the gentleman from Pennsylvania that inasmuch as a division was not demanded in the Committee of the Whole--

Mr. WHITE. I say it was demanded. I gave notice that I would 

call for a separate vote. 

The SPEAKER pro tempore. But no division of the question on the 

amendment was called for and taken in the Committee of the Whole, 

and the Chair cannot recognize any amendment except as reported 

from the Committee of the Whole. 

Mr. SPARKS. Will the Chair allow me to make an inquiry'/ 

The SPEAKER pro tempore. The gentleman can make a parliamentary inquiry. 

Mr. SPARKS. Did not Mr. Mason get 2,000 last year for the 

expenses of his contest 7 

The SPEAKER pro tempo1·e. That is not a parliamentary inquiry. 

Mr.SPARKS. Ididnotaskitasaparliamentaryinquiry. !understand such is the fact. 

The SPEAKER pro ten1.pore. The question is on the amendment as just reported. · The question being taken, there were-ayes 77, noes 47. 

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

The yeas and nays were ordered. 

The question was taken ; and there were-yeas 133, nays 83, not 

voting 64; as follows: 

Acklen, 

.Aiken. 

Aldrich, William 

Anderson, 

Armfield, 

Bachman, 

Bailey, 

Baker, 

Barber, 

Bayne, 

Beltzhoover, 

Bingham. 

YEA.S-133. 

Blake, 

Bliss 

Boy~ Brigham, 

Burrows, 

Butterworth, 

Calkins, 

Camp, 

Cannon, 

Carpent~r. 

Caswell, 

Chittender.. 
'.=: .• 

2226 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2.§, 

Cla1lin, 

Colerick, 

Conger, 

Converse, 

Cook, 

Cowgill, 

Cravens, 

Crowley, 

Dag~ett, 

DaVIdson, 

Da.vis, Gilorge R. 

Davis, Horace 

DoLaMatyr, 

Deering, 

Dickey, 

Dnnn, 

Dunnell, 

Dwight, 

Errett, 

Evins, 

Ferdon, 

Fisher, 

Forsythe, 

Fort, 

Frye, 

GoOde, 

Hammond, John 

Harmer, 

Atherton, 

.Atkins, 

Beale, 

Berry, 

Bicknell, 

Blackburn, 

Bland, 

l3lount, 

l3ouck, 

Bragg, 

Briggs, 

Bright, 

Cabell, 

Carlisle, 

Chalmers, 

Clardy, 

Clark, John B. 

Clements, 

Cobb, 

Coffroth, 

Cox, 

Hawk, 

Hawley, 

Hazelton, 

Heilman, 

Herndon 

Hill, 

Hisoock, 

Horr, 

Humphrey, 

Jonea, 

Jorgensen, 

Keifer, 

Kelley, 

Kenna, 

Ketcham, 

King, 

Klotz, 

Ladd, 

Lapham, 

Lorin~, 

Mannmg, 

McCoid, 

McCook, 

McGowan, 

McKinley 

Miles, 

Miller, 

:Monroe, 

Morton, 

Muldrow, 

M_yers, 

Ntcholls, 

Norcross, 

O'Reilly, 

Osmer, 

Overton, 

Pnge, 

Persons, 

Phister, 

Poehler, 

Prescott, 

Price, 

~d, Richardson, D.P. 

Richardson, J. S. 

Richmond, 

Robeson, 

Rothwell, 

Russell, Daniel L. 

Ryan, Thomas 

Ryon, John W. 

sawyer 

Shal.len berger, Sherwin, 

Slemons 

NAYS---83. 

Culberson, Lowe, 

Davis, Lowndes II. Martin, Renj. F . Dibrell, Martin, Edward L. 

Elam, McKenzie, 

Felton, McLane, 

Finley, McMahon, 

Forney, McMillin, 

Geddes, Morse, 

Godshalk, New, 

Gunter, Phelps, Hammond, N. J, Philips, 

Harris, John T. . Rea.,aan, 

Hatch, Rice, 

Henkle, Robinson, 

Herbert, Ross. 

Hooker, Samford, 

Hostetler, Scales, 

Hutchins, Shelley, Johnston, Simonton, 

Joyce, Sin~leton, J. W. 

Lounsbery, Snnth, .A. Herr 

XOT VOTING-64 . 

.Aldrich, N. W. Ewing, Kitchin, 

Ballou, Ford, Knott, 

Barlow, Frost, Le Fevre, 

Belford, Gibson, Lindsey, Bisbee, Gillette, Marsh, 

Bowman, Hall, Mason, 

Brewer, Harris, Benj. W. Mills, 

Browne • Haskell, Mitchell, 

Buckner, Ha.yea, Money, 

Caldwell, Henderson, :Morrison, 

Clark, Alvah A. Henry, Muller, 

Clymer, Honk, Murch, 

Covert, House, N ea.l, 

Crapo, Hubbell, Newberry, Davis, Joseph J. Hunton, O'Brien, 

Deuster, · Hurd, O'Connor, 

Dick, James, O'Neill, 

Einstein, Killinger, Orth, 

IDlis, Kimmel, Pacheco, 

So the amendment was adopted. The following additional pair was announced: 

Mr. COVERT with Mr. MITCHELL, on this bill. 

Smith, William E. 

Speer, 

Starill, 

Stephens, 

Talbott, 

Taylor, Ezra B. 

Taylor, Robert L. Thom~, 

Thompson, W. G. 

Townsend, Amos 

Tylft', 

Updegraff, J. T. 

Urner, 

Valentine, 

VanAernam, 

Vance1 Voorhis, 

Ward, 

Willits 

Wilson: 

Wood, 

Wright, 

Yocum, 

Young, Casey 

Young, Thomas L. 

Smith, Hszekiah B. 

Sparks, 

Steeie, 

Stevenson, 

Thompson, P. B. 

Tillman, 

Turner, Oscar 

Turner, Thomas iv ~Xillrhis, 

Wait, ' 

Warner, 

Wellborn, 

Wells, 

White 

Whit~er, 

Whitthorne, 

Williams, Thomas 

Willis, 

Wise. 

Pound, 

Robertson, 

Russell, William A. 

Sapp, 

ScoVille, 

Sin~leton, 0. R. 

Spnnger, 

Stone, 

Townshend, R. W. 

Tucker, 

Updegraff, Thomas 

Upson, 

Washburn, 

Weaver, 

Wilber, 

Willianls, C. G. 

Yeates. 

The result of the -vote was announced as above stated. 

The SPEAKER. The House has now acted on all the amendments 

report.ed from the Committee of the Whole. The ques~ion is on ordering the l>ill as amended to be engrossed and read the third time. 

Mr. MARTIN, of Delaware. I ask unanimous consent to have an amendment added to the end of the bill. It is the unanimous report 

of the Committee on Accounts. [Cries of" Regular order ! "] 

The SPEAKER. The regular order is called for, which is equivalent to an objection. 

Mr. CONGER. I ask unanimous consent that where additions have 

been made by separate items to amounts previously appropriated in 

the bill for expenses of election contests, the Clerkl>e authorized to 

include the gross sum for each individual in one clause. 

Several members objected. 

The bill was ordered to be engrossed for a third reading, and was accordingly read the third time. 

The SPEAKER. As required by the rule, the yeas and nays will now be taken on the passage of this bill. 

The question was taken; and there were-yeas 189, nays 38, not 

voting 63 ; as follows : 

Acklen, 

:tl~~.N.W. .Aldrich, William 

.Atkins, 

Bachman, 

Bailey. 

Baker-, 

l3allou, 

Barber, 

Bayne, 

Belford, 

Beltzhoover, 

Berry, 

l3icknell, 

Bla.okburn, 

Bla.ke, 

Bland, 

Bliss, 

Blount, 

YEAS-189. 

Boyd, 

Briggs, 

Brigham, 

Bright, 

Burrows, 

Butterworth, 

Ca.ldwell, 

Camp, 

Cannon, 

Carpenter, 

Caswell, 

Chalmers, 

Cla.fiin 

Clardy, 

Clark, .Alvah .A • Clark, John B. 

Cobb, 

Coffroth, 

Colerick, 

Co!lger, 

Converse, 

Cowgill, 

Crapo, 

Cravens, 

Crowley, 

Dag~ett, 

DaVIdson, 

Davis, George R. 

Davis, Horace 

Deering, 

DeLaMatyr, 

Dibrell, 

Dick, 

Dickey, 

Dunn, 

Dunnell, 

Dwight, 

Errett, 

Evins, 

Felton, 

Ferdon, 

Finley, - Fisher, 

Forney, 

Forsythe, 

Fort, 

Frost, 

Frye, 

Gillette, 

Godshalk, 

Goode, 

Hall, 

Hammond, N. J. 

Harmer, 

Haskell, 

Hawk, 

Hayes, 

Heilman, 

Henkle, 

Herbert, 

Herndon, 

Hooker, 

Horr, 

Hostetler, 

House, 

Hubbell, 

Humphrey, 

Hunton, 

Johnston, 

Jones, 

Joyce, 

Kelley, 

Kenna, 

Ketcham, 

Kimmel. 

King, 

Knott, 

La.dd, 

Lapham, 

LeFevre, 

Lindsev, 

LorinO'~ 

Loun;bery, 

Mruming, 

Marsh, 

Martin, Benj. F. 

Mason, 

McCoid, 

McCook, 

McGowan, 

MoKenzie, 

McKinley, 

McLane, 

Miles, 

Miller, 

Monroe, 

Morton, · Starin, 

Muldrow, Stevenson, 

Myers, Talbott 

New. Taylor, Ezra B. 

Newberry, Taylor, RobertL. 

Nicholls, Thomas, 

Norcross, Tillman, 

O'Neill, Townsend, Amos 

O'Reilly, Turner, Thomas 

Overton, Tyler, Pacheco, tr'pdegraff, J. T. 

Persons, Ui>degrafl', Thomas 

Phister, Urner, 

Poehler, Valentine, 

Preacott, Van .Aernam, 

Price, Vance, 

Ray, Vo.n Voorhis, 

Rea"'an, Veorhis, Ree:i, Waddill, 

Richard8on, D. P. Wait, 

P.ichardson, J. S. Weaver, 

Richmond, Wellborn, 

Robertson, \Vell~ 

Robeson, Whiteaker, 

Robinson, Whitthorne, 

Rothwell, Wilber, 

Ryan, Thomas Williams, C. G. 

Ryon, John W. Williams, Thomas 

Sapp, Willis 

Sawyer, WillitS, 

Sha.llenberger, Wilson, 

Shelley, Wise, 

Sherw.W, Wood, 

S1emons, Yocum, 

Smith, A. Herr Young, Thomas L. 

Smith, Hezekiah B. 

Smith, William E. 

Speer, 

NAYS-38. 

Armfield, 

Athedon, 

Beale, 

Bouck, 

Brag,~C. 

Cabell, 

Clements, 

Cook, 

Culberson, 

Davis, Lowndes H. 

Elant, 

Geddes, 

Gunter, 

Harris, John T. 

Hatch, 

Hill. 

Hutchins, 

Kitchin, 

Klotz, 

Lowe, 

Martin, Edward L. 

McMillin, 

Mills, 

Morse, 

Osmer, 

Phelps, 

Philips, 

Ross, 

Samford, 

Scales, 

NOT VOTING-63 . 

Anderson, Einstein, 

Barlow, Ellis, 

Bingham, Ewing, Bisoee, Ford, 

Bowman, Gibson, 

Brewer, Hammond, John 

Browne, Harris, Benj. W. 

Buckner, Hawley, Calkins, Hazelton, 

Carlisle, Henderson, 

Chittenden, Henry, Clymer, Hiscock, 

Covert, Honk. 

Cox, Hurd, 

Davis, JosephJ. James, 

Deuster, Jorgensen, 

So the bill was passed. 

During the roll-call, 

Keifer, 

Killinger, 

McMahon, 

Mitchell, 

Money, 

Morrison, 

Muller, 

Murch, 

Ne~ 

O'Bnen, 

O'Connor, 

Orth, 

Page, 

Pound, 

Rice, 

Russell, Daniel L. 

Simonton, 

Singleton, J. W. 

Sparks, 

Springer, 

Steele, 

Turner, Oscar 

Warner, 

White. 

Russell, W • .A. 

Scoville, 

Singleton, 0. R. 

Stephens, 

Stone, 

Thompson, P. B. 

Thompson, W.G. 

Townshend, R. W. 

Tucker, 

Upson, 

Ward, 

Washburn, 

Wright, 

Yeatea, · Young, Casey. 

Mr. YEATES said: Mr. Speaker, I was present on the roll-call upon 

this bill; but, as it contains an appropriation for my benefit, I did 

not vote at all on this or the preceding vote. 

The following additional pairs were announced from the Clerk's 

desk: 

Mr. CALKINS with Mr. THOMPSON of Kentucky, for this day. 

Mr. LORING with Mr. YOUNG of Tennessee, for the day, on all 

political questions. 

Mr. WARD. I failed to vote on the last roll-call, having been 

absent under the order of the House, attending to the duties of the 

Committee on Enrolled Bills. 

The vote was then announced as above recorded. 

Mr. BLOUNT moved to reconsider the vote by which the bill was passed ; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. BURCH, its Secretat-y, an- nounced the adoption of the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 

7101) making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 

1882, and for other purposes. 

It further announced the passage of the following bills without 

amendment: 

A ·bill (H. R. No. 346) for the relief of William H. Thompson; and 

A bill (H. R. No.375) for the relief of Philemon B. Hawkins. 

POST-OFFICE APPROPRIATION BILL. 

Mr. BLACKBURN. I rise for the purpose of submitting a report 

from the committee of conference on the disagreeing votes of the two 
1881 . . CONGRESSIONAL RECORD-HOUSE. 2227 

Houses on the Post-Office appropriation bill and, after it is read, I . That the Honse recede from its disagreement to the amendment of the Senate 

shall move its adoption and demand the previous question · numbered 30, and agree to the same. . ERASTUS WELLS, The Clerk read a-s follows: J. D. c. ATKINS, 

The committee of conference on the disagreeing votes of the two Houses on the 

amendments of the Senate t.o the bill (H. R. No. 6972) making appropriations for 

the service of the Post-Office Department for the fiscal year ending June 30, 1882, 

and for other purposes, having met. after full and free conference, nave agreed to recommend, and do recommend, to their respective Houses as follows : ·That the Senate recede from its amendment numbered 5. 

That the Honse recede from its disagreement to the amendiDent of the Senate 

numbered 1, and agree t.o the same with an amendment, as follows: In lien of the matter proposed to be inserted by said Senate amendment insert the following: "And hereafter the Postmaster-General shall cause the advertisements of all gen- eral mail-lettings of each State and Territory to be conspicuously posted up in 

each post-office in tho State and Territory embraced in said advertisements for at least sixty days before the time of such general letting, and no other advertise- ments of such lettiDgs shall be required; out this provision shall not r efer to any other than general mail-lettings. And whenever it shall become necessary to em- ploy temporary service on any mail-route, it shall be the duty of the Postmaster- General to advertise for bids or propo~als for such service by posting notices in the 

post-offices at the termini of such route and upon a bulletin board in a public place in the Post-Office llepartment building at Washington, in the District of Columbia., 

for at least ten days prior to such lettinp. ;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 3, and a~ee to the same with an amendment, as follows: Strike out the 

last 'Proviso of said amendment and insert in lieu thereof the followinp:: "And 

pro'lri.dedfurther, That the annual rental of said building or buildings shall not ex- ceed the sum of $5,000, and the cost of the furniture for the samo shall not exceed 

10,000 ;" and the Senate a~ee to the same. That the House recede from its disagreement to the amendment of the Senate 

!\umbered 8, and agt:ee to the same with an amendment, as follows : Strike out the word "fifty " and insert in lieu thereof "twenty-five." That the Honse recede from its disagreement to the amendment of the Senate 

numbered 9, and agree to the same with an amendment, as follows: Strike out the · word" fifty" and insert" twenty-five;" and the Senate agree to the 8ame. 

That the Honse recede from its disagreement to the amendment of the Senate 

numbered 10, and agrae to the same with an amendment, as follows: In lien of 

the sum proposed insert "$7,900,000 ;" and the Stmate agree to the same. That the Honse recede from its disagreement to the amendment of the Senate 

numbered 13, and agree to the same with an amendment, as follows: Strike out the words 'Proposed to be inserted by said Senate amendment and insert in lien 

thereof "152 ;" and the Senate agree to the same. JO. C. S. BLACKBURN, 

JAMES H. BLOUNT, J. G. GA..i."iNON, 

Manage'/'9 on the part of the House. 

Wll..LIAM A. WALLACE, 

-TAMES G. BECK, 

N.BOOTH, 

Managers on the part of the Senate. 

Mr • .BLACKBURN. Let the statement accompanying the report 

of the committee oR-conference be read. 

The Clerk read as follows: 

The managers on the part of the Honse of the conference on the Post-Office 

appropriation bill submit the following in ex-planation of the action recommended 

in the report "mbmitted: 

The effect of the adion recommended by the committee on the Senate amend- ments will be, if ratified by the two Houses, as follows: 

On amendment 1: to the following clause-which is already the law-" and hereafter the Postma-ster-General shall cause advertisements of all general mail-lettings of eac4 State and Territory to be conspicuously posted up in each post-office in the 

State and Territory embraced in said advertisements for at least sixtv days before 

the time of such general letting ; and no other advertisement of such lettings shall 

be required ; bn t this provision shall not apply to any other than general mail-lettings '-is added the following: "And whenever it shall become necessary to em- ploy temporary service on any mail-route it shall be the duty of the Postmaster· 

General to advertise for bids or proposals for such service by posting notices in the 

post-offices a t the termini of such route ancl upon a bulletin-board in a public place in the Post-Office Department building at Washington, in the District of Columbia. for at least ten days prior to such letting." On amendment 3: limits the cost of the rental of a building for use of the money- order service to $5,000 per annum, a.ncl for furnishing the same 10,000. 

On amendment 5: makes- the appropriation for "rent, light, and fuel" $4.25,000, 

mstead of $450,000 as proposed. On amendments 8 and 9: makes the appropriation for ''necessary and special facilities on trunk linea" 425,000, instead of ~450,000 as proposed; and for trans- porta tion on steamboat routes $925,000, instead of $950,000 as proposed. On amendment 10: makes the appropriation for "transportation by star routes" 

$7,900,000, instead of $13,000,000 as proposed. On amendment 13: makes the total of the appropriations out of the Treasury for 

the postal service conform to the action recommended on the amendments. 

:Mr. BLACKBURN. The statement accompanying the report of 

the committee of conference, if it has been listened to as read by the 

Clerk, is very full, and unless some gentleman desires to ask some 

queetion about the effect of this conference report, I will demand the 

previous question on its adoption. 

The main question was ordered. 

The report was then adopted. 

Mr. BLACKBURN moved to reconsider the vote by which the report waa adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

INDIA..~ .APPROPRIATION BILL. 

Mr. WELLS. Mr. Speaker, I desire to present a conference report 

on the Indian appropriation bill. 

The SPEAKER. The report will be read. 

The Clerk read as follows: 

The committee of conference on the disagreei.Bg votes of the two Houses on the 

amendments of the Sena.te to the bill of the Honse No. 6730, making appropriations for the current and conllil;~ent expenses of the Indian Department and for fulfilling treaty stipulations witn tbe various Indian tribes for the year ending June 30, 

188'2, and for other purposes, having met, after a. full and free conference have 

agreed to recommend, and do recommend, to their respective Houses as follows: 

That the St>nate recede from ita amendment numbered 31. 

JAY A. HUBBELL, 

Managers on the part of the House. 

WM. A. WALLACE, JAMES B. BECK, 

WM. WINDOM, 

Managers on the part of the Senate. 

The effect of this report, if adopted, will be to strike from the bill as it passed the 

Honse the following clause: 

" That all laws and parts of laws creating or authorizing the commission of ten citizens provided for in the act of April 10, 1869, be, and the sam& are hereby, repealed." 

And also to strike out the following amendment of the Senate: . - . "Expenses of Indian commissioners: For the expenses of the commission of citi- zens, serving without compensation, appointed by the President under the provis- ions of the fourth section of the act of April10, 1869, J10,000." · 

Mr. WELLS. I move the adoption of the conference report. 

The motion was agreed to. · 

Mr. WELLS moved to reconsider the vote by which the conference 

report was agreed to; and also moved that the motion to reconsider 

be laid on the table. 

The latter motion was agreed to. 

ORDEB OF BUSINESS. 

Mr. CLYMER. I demand the regnlar order. 

}.fr. REAGAN. Mr. SpeakerMr. HAYES. I rise to make a privileged report. 

The SPEAKER. The gentleman from Texa-s is recognized. 

Mr. REAGAN. I move to take from the Speaker's table the bill (H. 

R."~o. 7104) making appropriations for the constnction, completion, 

repair, and preservation of certain works on rivers and harbors, and 

for other purposes, move non-concnrrence in the Senate amendments thereto, and ask the appointment of a committee of conference 

on the disagreeing votes of the two Houses thereon. 

Mr. WARNER. I give notice that I reserve all points of order. I 

make the point of order now that the amendments of the Senate 

must be considered first in Committee of the Whole Honse on the 

state of the Union. 

Mr. TAYLOR, of Tennessee. I ask to present a privileged report 

at this time. 

'l'he SPEAKER. The gentleman will proceed. 

WILLIAM HAMILL. 

Mr. TAYLOR, of Tennessee. I desire to present a conference 

report on the pension claim of William Hamill. 

The SPEAKER. The Clerk will read the report of the conference 

committee. 

The Clerk read as follows : 

The committee of conference on the disagreeing votes of j.he two Houses on the 

amendment of the Senate to the bill (H. R. No. 3i88) granting an increase of pen- sion to William Hamill having met, after full and free conference have agreed to 

recommend, and do recommend, to their respective Houses that the House recede 

from disagreement to the said amendment of the Senate, and ap:ree to the same. ROBT. L. TAYLOR, 

GEO. R. DAVIS, 

JAMES W. COVERT. 

Managers on the part of the Howe. 

ROBT. E. WITHERS, 

S. J. KIRKWOOD, DAVID DAVIS, . Managers on the part of the Senate. 

The effect of this report is to agree to the Senate amendment and pass the bill as amended. 

Mr. TAYLOR. I ask the adoption of the confel"ence report. 

The conference report was agreed to. 

Mr. TAYLOR moved to reconsider the vote by which the conf&ence 

report was agreed to; and also moved that the motion to reconsider 

be laid on the table. 

The l a tter motion was agreed to. 

ORDER OF BUSINESS. 

Mr. CLYMER. I demand the regnlarorder. 

Mr. REAGAN. I wish to ask a parliamentary inquiry. 

The SP EAKERL The gentleman will state it. · 

Mr. REAGAN. Is it in order to move to snspend the rnles at this 

time'l 

The SPEAKER. The regular order having been demanded, the 

Chair recognizes the regnlar order to be the call of States and Territories for bills and joint resolutions for reference. 

Mr. ROBESON. Does not the motion to snspend the rules snspend 

the regular order of to-day 'I 

Mr. SPRINGER. I ask unanimous consent that the call of the 

States and Territories be dispensed with to-day. 

Mr. WARNER. I object. 

Mr. KENNA. Mr. Speaker, I ask a response to the question raised 

by the gent1eman from Texas, whether it would be in order to move 

to suspend the rules to dispense with the regnla.r order to-day; which 

is stated by the Speaker to be the call of States and Territories t 

The SPEAKER. The Chair thinks it would be in order a~ the 

proper time to move to dispense with the regnlar order. But the 

first business in order under the rule is the call of States and Territories, which the Chair thinks ha-d better be allowed to proceed. 

Mr. BURROWS. Is it in order during the morning hour! 

:Mr. HUNTON. I wish to make a parliamentary inquiry. 
2228 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28, 

The ~EAKER. The gentleman will state it. 

Mr. HUNTON. Will it not be competent by a two-thirds vote to 

dispense with the call of States and Territories f 

The SPEAKER. The Chair desires to state that the rule is not clear or specific upon this point, and there is some doubt upon the subject. 

Mr. HUNTON. I make the motion to dispense with the call of 

Sta.tes and Territories to-day. 

'Ihe SPEAKER. The Chair thinks it is better to order the call of 

States and Territories. 

Mr. SPARKS. I ask. unanimous consent to dispense with the call 

of States and Territories. 

Mr. WARNER. I object. Mr. SPARKS. Then if ~tis in order, I move to dispense with the 

regtilar brder, which is the call of States and Territories for bills, &c. 

Mr. HASKELL. I ask for the regular order of busines . The SPEAKER. The Chair is informed, although be has not read 

tb,e record himself, that the motion of the gentleman from Illinois has 

been allowed. 

Mr. CONGER. I wish to ask the Chair if the question bas been 

raised about the right to move a suspension of the rules to-day, and 

if so, what the decision of the Chait' has been upon that question? 

The SPEAKER. The Chair bas not ruled--

Mr. CONGER. The point, as I understand, was made as to the 

power of the Chair to rule upon the right to move a suspension of the 

rnles to-day--

The SPEAKER. The Chair did not make any decision upon that 

point. 

Mr. CONGER. Is that point pending now. The SPEAKER. The point did not arise. The gentleman from· Texas said he would not insist on his motion. 

Mr. CONGER. As I understand, the gentleman from New Jersey 

[Mr. ROBESON] has made a motion to suspend the rules. 

Mr. REAGAN. If in order, I move to suspend the rules for the purpose of moving non-concurrence in the Senate amendments on the 

river and harbor bill, and asking a committee of conference. 

The SPEAKER. The Chair thinks that under the practice a motion to suspend the rnles, so as to dispense with the cnJ.l of States 

and Territories for bills and resolutions, has been admitted heretofore at this period of the session, and therefore would entertain the 

motion of the gentleman from Hlinois, [Mr. SPARKS.] 

Mr. SPARKS. I make that motion. 

The SPEAKER. That requires a two-thirds vote. 

The question being taken on the motion of Mr. SPARKS, there were- ayes 95, noes 54. 

So (two-thirds not having voted in the affirmative) the rules were not suspended and the call of States and Territories was not dispensed with. 

Se'\-eral members called for the regular order. 

The SPEAKER. The regular order being demanded, the Oha~.r, as required by the rnles, will now call the States and Territbries in alphabetical order for the presentation of bills and joint resolutions 

for printing and reference. Under this call joint and concurrent res- olutions and memorials of State and territorial Legislatures can be 

presented and appropriately referred; and resolutions of inquiry 

directed to heads of the Executive Departments are in order for ref- erence to the appropriate committees, which latter resolutions are to 

be reported to the House within one week. 

NATIONAL MINING EXPOSITION. 

Mr. BELFORD introduced a bill (H. R. No. 7231) making an appropriation for the erection of a building for a national mining ex- position; which was read a first and second time, referred to the Committ-ee oti Public Buildings and Grounds, and ordered io be printed. 

ORDER OF BUSTh'"ESS. 

Mr. CONGER. What has become of the call of committees Y 

The SPEAKER. This is the call of States and Territories for bills 

and joint resolutions, which is the first business in order on Monday. 

The Chair is proceeding under the rnle. 

Mr. CONGER. But there is a morning hour on Monday for reports 

from committees except on the first and third Mondays in each month. 

The SPEAKER. The Chair has not interfered with the morning ho~1 or said anything in relation to the same. The motion of the 

gehtleman from Illinois [Mr. SPARKS] was to suspend the rules and 

dispense with the call of States. That motion failed. 

Mr. CONGER. When we reach the call of States that motion 

operates; but we have not reached it yet. 

The SPEAKER. We are going on with itnow, and fonr States, 

Alabama, Arkansas, California., and Colorado, have been called. 

Mr. CONGER. But committees have not been cnJ.led. 

The SPEAKER. The call of committees is not in order yet; as the 

gentleman from Michigan will see if he will look at the rnle. 

Mr. CONGER. I look at the Calendar, and according to that the 

business in order is the call of committees for reports except on the 

first and third Mondays of the month, and this is not the third Monday. 

The SPEAKER. The rule will be read, and the Chair thinks that 

will satisfy the gentleman. 

The Clerk read clause 2, Rule XXIV, as follows: 

On all days other than Monday as soon as the jonrnal is read and approved, and on all:Monday_s (except the first and third in each month) after the call of States 

and Territories, there shall be a morning hour for reports from committees, which 

s_halll!e appropriately referred and printed, and a copy thereof mailed by the Public Pnnterto each Member and Delegate; and the Speaker shall call upon eaeh 

standing committee in regular order and then upon the select committees ; and if 

the whole of the hour is not consumed by this call, then it aha.ll be in order to pro- ceed to the consideration of other business ; but if he shall not complete the call 

within the hour, he shall resume it in the succeeding morning hour where he left 

off. 

TAXATION OF BANKS. 

Mr. WAlT. I present resolutions of the General Assembly of the 

State of Connecticut, concerning the taxation of banks, &c., a.nd ask 

that they be read. 

The resolutions were read, and were referred to the Committee on Ways and Means. 

Mr. WAIT. Atthepropertimei shall ask, further, thattheseresolutions be printed in the RECORD. 

MESSAGE FROM THE PRESIDENT. 

A message in writing from the President of the United States was communicated to the House by Mr. PRUDE-N, one of his secretaries. 

WABASH AND ERIE CANAL. 

Mr. BICKNELL presented a joint resolution of theGeneralAssembly of Indiana, in relation to the reconstruction by the Government 

of the Wabash and Erie Canal. 

Mr. WILBER. Let the joint resolution be read. 

The joint resolution was read, and was referred to the Committee on Commerce. 

JOHN W. STOKES. 

Mr. HOSTETLER introduced a bill (H. R. No. 7232) for the relief 

of John W. Stokes, of Harmony, Clay County, Indiana; which was read a first and second time, referred to the Committee on Invalid 

Pensions, and ordered to be })tinted. 

LOAN OF CAl\'NON, ETC., FOR SOLDIERS' REUNION IN IOWA. 

Mr. McCOID introduced a joint resolution (H. R. No. 415) providingfor cannon, tents, and other camp equipments for soldiers' reunions 

in Iowa; which was read a first and secvnd time. 

Mr. McCOID. That· resolution is in the usual form. If there be no objection, I will ask unanimous consent that it be passed. 

'fhe SPEAKER. The Chair cannot ask that in this hour. 

The joint resolution was referred to the Committee on Military 

Affairs, and ordered to be printed. 

COLORED EMIGRANTS. 

:Mr. RYAN, of Kansas, introduced a bill (H. R. No. 7233) to ~xtend an act for the relief of colored emigrants, approved March 5, 1880; 

which wa-s read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed. 

SWAMP LAl\"DS IN LOUISIANA. 

:Mr. ELLIS introduced a bill (H. R. No. 7234) toQ extend the provisions of the act of March 2, 1855, to lands selected as swamp lands by 

the State of Louisiana under the act of March 2, 1849; which was read a first and second time, referred to the Committee on Public 

Buildings and Grounds, and ordered to be printed. 

Mr. ELLIS also introduced a joint resolution (H. R. No. 416) authorizing the Secretary of War to transfer certain swamp and overflowed 

lands in Louisiana to the Interior Department as part of the public 

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

Committee on Military Affairs, and ordered to be printed. 

FRENCII SPOLIA TIO_N GLADIS. 

Mr. LINDSEY presented resolutions of the Legislative Assembly of 

the State of :Maine, relative to French spoliation claims ; which were referred to the Committee on Foreign Affair~;. 

EAST RIVER BRIDGE, NEW YORK. 

:Mr. LADD presented a resolution of the Legislature of the State 

of Maine, relating to the East River bridge, New York; which was referred to the Committee on Commerce. · 

FIRST MINNESOTA MOUNTED RANGERS. 

Mr. POEHLER presented a memorial of the Legislature of the 

State of Minnesota, for the payment of bounty to the members of 

the First Minnesota Mounted Rangers. 

Mr. PRICE. Let that be read. 

The memorial was read, and referred to the Committee on Military 

Affa.irs. 

PENSION LAWS. 

Mr. POEHL.ER also presented a memorial of the Legislature of 

the State of .Minnesota, for a modification of the pension laws. 

Mr. PRICE. Let that be read. 

The memorial was read, and referred to the Committee on Invalid 

Pensions. ABRAHAM II. BURKEHOLDER. 

Mr. ROTHWELL introduced a bill (H. R. No. 7235) granting a pension to Abraham H. Burkeholder; which was read a first and second 

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

be printed. - PENSIONS FOR SOLDIERS OF MEXICAN WAR. 

Mr. DAGGETT presented a joint resolution of the Legislature of 

Nevada, in favor of the enactment of a law pensioning soldiers and 

sailors in the Mexican war; which was read, and referred to the Committee on Pensions. 
1881. CONGRESSIONAL RECORD-HOUSE. 

OLD POST-OFFICE BlJILDING IN NEW YORK CITY. 

:Mr. MORTON submitted the following resolution ; which was read, and referred to the Co~mittee on Ways and Means: 

.Resolved, That the Secretary of the Treasury be requested t-o inform this Hoose 

immediately whether, since the post-office in the city of New York was removed 

from the old church building in Nassau street in 1877, said building has remained 

vacant, and if any taxes, State or city, have been imposed upon it, or if any rental has been derived from it, and, if so, by whom paid and for what amounts, and who 

have been its occupants ; and also if there be any good reason that this property should not now be sold, as it is no longer needed for governmental purposes. 

GEORGE W. GRAHAM. 

Mr. WILBER introduced a bill (H. R. No. 7236) correcting the pension granted to Lieutenant George W. Graham, One hundred and 

forty-fourth Regiment New York Volunteers, in accorda.nce with his 

rank ; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

. TAX ON TOBACCO, SNUFF, AND BRANDIES. 

1\fr. SCALES presented a resolution of the General Assembly of the 

State of North Carolina, in favor of the repeal of the tax on tobacco, 

snuff, and brandies; which was referred to the Committee on Ways 

and :Means. MONUME~T TO GENERAL W ASHmGTON. 

Mr.KELLEYintrodnced a joint resolution (H.R.No. 417) to admit 

free of duty a. monument to General Washington ; which was read a first and second time, referred to the Committee on Ways and Means, 

and ordered to be printed. WAR CLAL."\IS, 

"-...... Mr. WHITE introduced a joint resolution (H.R.No. 418)proposing an amendment to the Constitution prohibiting payment of claims for 

property injured or destroyed in the late war of the rebellion; which was read a first and second time. 

Mr. WIDTE. I ask that that resolution be read in full. 

The joint resolution wa.s read in full, and referred to the Committee on the J ndiciary. 

WILLIAM K. PIPER. 

Mr. COFFROTH introduced a bill (H. R. No. 7237) for the relief of 

William K. Piper; which was read a first and second time, referred 

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

NORTON L. NEWBERRY. 

Mr. OVERTON introduced a bill (H. R. No. 7238) for the relief of 

Norton L. Newberry; which was read a first and second time, referred 

to t~e Committee on Invalid Pensions, and ordered to be printed. 

W ASHINGTO:N HARBOR. 

Mr. ALDRICH, of Rhode 1sland, introduced a bill (H. R. No. 7239) 

to establish a commission to prepare a plan of harbor and river improvement in th.e District of Columbia, and for other purposes; which was read a first and second time, referred to the Committee on the 

District of Columbia, and ordered to be printed. 

REGm CONTRACT SYSTEM. 

Mr. SIMONTON presented a joint resolution of the Legislature of 

the State of Tennessee, praying relief from injuries to the tobacco 

trade from the regie contract system; which was referred to the 

Committee on Foreign Affairs. 

E. P. :M'GOLERIC. 

Mr. McMILLIN introduced a bill (H. R. No. 7240) for the relief of 

E. P. McGoleric, of Sumner County: Tennessee; which was read a first 

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

ordered to be printed. 

GREEN PENN. 

Mr. CABELL introduced a bill (H. R. No. 7241) for the relief of 

Green Penn, of Patrick County, Virginia; which was read a. first and 

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

ordered to be print-ed. 

L"\TERSTATE COlll\IERCE. 

Mr. MARTIN, of 'Vest Virginia, presented ajointresolution.of the 

Legislature of the State of West Virginia, relating to interstate com- merce and the regulation of freights and charges upon railroads; 

which was referred to the Committee on Commerce. 

PUPLIC PROPERTY AT HARPER'S FERRY. , 

Mr. MARTIN, of West Virginia, also presented a joint resolution 

of the Legislature of the State of West Virginia., asking the cession of 

the public property at Harper's Ferry to tho State of West Virginia 

for school purposes; which was referred to the Committee on the Public Lands. 

}.'EZ PERCf1 INDIAN RESERVATIOX. 

Mr. AINSLIE presented a memorial of the Legislative Assembly of 

the Territory of Idaho, praying that the Nez Perces Indian reserva- tion be thrown open to settlement by location under the general land 

laws; which, having been read at length upon the demand of Mr. 

CONGER, was referred to the Committee on Indian Affairs. 

JUDGES IN IDAHO TERRITORY. 

Mr. AINSLIE also presented a. memorial of the Legislative Assembly of the Territory of Idaho, praying for an increase in the number 

of justices of the supreme court of tile Territory, together with an increase of the salaries of such judges, and that the Legislative Assembly of the Territory be empowered to district the 'fe~itory and 

assign the justices; which was referred to the Committee on t!le Territories. 

The SPEAKER. There are some gentlemen who were not PNsent 

when their States or Territories were called, and who deslre to Pttroduce bills or joint resolutions. If there be no objection, they will now be recognized. .. Mr. WARNER. If that is to lead to the reading of any more bills, 

I must o~ject. 

Mr. ROBESON. The gentleman cannot make a conditional objection. 

SUITS AGAINST RAILROAD COMP ANil!:S. 

Mr. BELFORD, by unanimous consent, submitted the following 

resolution; which was referred to the Committee on the Judipiary: 

Resolved, That the Attorney.Q-eneral and the Commissioner of Internal Revenue are hereby requested to inform this House what suits are now pending in the 

United States circuit and district courts for the southern district of New York 

against the New York and Harlem Railroad, the New York Central and Hudson 

R1ver P..ailroad, the New York Central Railroad, the New York and Erie Railway, the Central Pacific Railroad, and against any other railway corporations, together with a statement of the nature of such suits and the amounts involved in snch litigations respectively. 

HOliiESTEAD AND PRE-El\IPTION CLAIMS. 

Mr. BENNETT. I ask unanimous consent to present two memorials 

of the Legislative Assembly of Dakota Territory, one to be laid on the 

table, the other referred, and both printed. 

The Clerk read as follows : 

AmemorialoftheLegislati;eAssemb1yofDakota.Territoryfuvoringthepassage of the bill repealing the act approved March 3, 1879, requiring the publication of 

notice of intention to prove up homestead and pre-emption claims. 

Mr. ROBESON. Let that be read. 

The SPEAKER. It cannot come in if the reading be called for. The gentleman from Ohio [Mr. WARNER] has objected. 

Mr. ROBESON. He could not make a. qualified objection. 

The SPEAKER. Then he objects absolutely. 

Mr. ROBESON. But it is too late to object after the paper is in. I 

have no objection to the presentation of this memorial; but I want 

to understand whether the Speaker recognizes the gentleman from 

Ohio as making a qualified objection. 

The SPEAKER. He does not. 

Mr. ROBESON. The memorial has been introduced and is now before the House. 

Mr. SPRINGER. It can come in only by unanimous consent. 

Mr. ROBESON. But it is in. 

The SPEAKER. The gentleman from Dakota himself stated that 

he simply wanted to present two memorials and have them printed. 

Mr. BENNETT. The bill to which this memorial relates bas been 

reported to the House. I did not wish t)le memorial referred to a committee that has already disposed of the subject-matter of the bill. 

The SPEAKER. The gentleman from Dakota [Mr. BEIDmTI'] asks 

consent to present this memorial and have it printed. 

Mr. BENNETT. I desire both printed. 

The SPEAKER. Is there objection 'I The Chair hears none. The memorial was laid on the table, and ordered to be printed. 

BRANCH MINT AT DEADWOOD, DAKOTA TERRITORY. 

Mr. BENNETT, by unanimous consent, presented a memorial of the 

Legislative Assembly of Dakota Territory in relation to th.e establishment of a branch mint at Deadwood, Dakota Territory; which was referred to the Committee on Coinage, Weights, and Measures; and 

ordered to be printed. 

DEL RIO, TEXAS, A PORT OF ENTRY. 

Mr. UPSON, by unanimous consent, introduced a bi}ll (H. R. No. 

7242) making Del Rio, on the Rio Grande, in the State of Texas, a port 

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

Committee on Commerce, and ordered to be printed. 

STAMP-CANCELING MACHI.Nl!:S. 

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

7243) authorizing the Postmaster-General to procure, by purchase or otherwise, stamp-canceling machines. 

Mr. CONGER. Let that bill be read. 

Mr. W .ARNER. I object to any further i.Irtroduotion of bills if the 

reading of this hill is called for. 

The oill was read a. first and second time, (the first reading being 

in full,) referred to the Committee on the Post-Office and Post-Roads, 

and ordered to be printed. 

ORDER OF BUSINESS. 

Mr. W .ARNER. I object to the further introduction of bills. [Cries 

of" Regular order(!"] · The SPEAKER. The regular order is called for, wkich is the call 

of committees for reports. 

Mr. REAGAN. I move to suspend the rules to take from the 

Speaker's table the river aml harbor appropriation bill. 

The SPEAKER. The Chair thinks that the first motion in order, 

which would take precedence of the motion of the gentleman from 

Texas, is a. motion to dispense with the call of committees for re- ports. ,, Mr. REAGAN. I make that motion. 

Mr. CONGER. If that is to be the rule, then regular bnsineSB may 

occupy the entire time until the last day of the session. 
2230 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28, 

The SPEAKER. The Chair, where ther-e is an order of business 

set down by the rules, as, for instance, to-day the call of States for the 

introduction of billa and joint resolutions, would recognize :first the 

motion to suspend the rules to get rid of that order. 

Mr. CONGER. Let it be done by a suspension of the rules. 

'fbe SPEAKER. The regular order is now the morning hour for 

reports of committees, which can, of course, be dispensed with by a two-thirds vote. 

Mr. CONGER. Let the Chair recognize a. motion to suspend the 

rules. He .has the discretion to say whom he will recognize. 

The SPEAKER. The recognition in such cases bas been regulated 

by a report to this House accepted and confirmed by the Honse. The 

practice of the Honse bas been uniform in relation to that, that the 

recognition of the motion to suspend the rules is within the discretion of the Chair. It is within the discretion of the Chair to say that 

he prefers this motion to suspend what is set down as the order of 

the business to be proceeded with. He will then come to the motion 

of the gentleman from Texaa or any other motion, but the recognition for suspension is within the discretion of the Chair. 

Mr. CONGER. That is as to the subject. 

The SPEAKER. That is not as to the subject, because the Chair 

does not always inquire-indeed very seldom inquires, and never wants to inC!uire-in the recognition of a member, what the subject 

is. That would make him the judge of the subject, and not of the 

discretion of recognition. 

Mr. CONGER. I understand the Chair will not recognize a sus- pension of the rules. 

The SPEAKER. The Chair has not said what he would or would 

not do~ but the ,Chair now recognizes the motion, if made, to dispense 

by a two-thirds vote with the call of committees for reports. 

Mr. ROBESON. That has not been made. 

Mr. SPARKS. I make that motion, that the morning hour for 

reports from committees be dispensed with. 

The Honse divided; and there were-ayes 85, noes 61. 

So (two-thirds not having voted in the affirmative) the rules were not suspended and the morning hour was not dispensed with. 

MORNING HOUTI. 

The SPEAKER. The morning hour begins at twenty-nine minutes 

past two o'clock, and committees will now be called in their regular 

order for reports. 

Mr. REAGAN. Is it in order to introduce a resolution asking for 

:.nformation by instruction of the Committee on Commerce 9 

The SPEAKER. It is not. 

MARINE HOSPITAL, MORGAN CITY, LOUISIANA. 

Mr. ACKLEN, from the Committee on Commerce, reported as a snbstitntefor House billNo.6297 a bill (H. R. No. 7244) making an appropriation for the construction of a marine hospital at Morgan City, 

Louisiana; which was read a :first and second time. 

Mr. ACKLEN. I move that the bill be referred to the Committee 

of the 'Vhole Honse on the state of the Union, and, with the accom- panyin~ report, ordered to be printed. 

Mr. FISHER. I ask for the reading of the bill and report. 

Mr. ACKLEN. That is not in order, as I have merely reported the 

bill for reference to the Committee of the Whole House on the state 

of the Uni~n. 

The SPEAKER. The bill will be so referred. 

Mr. FISHER. Why is it not in order to have the bill read i 

The SPEAKER. It is not in order, as the bill is not reported for 

action at this time, but merely for reference to the Committee of the 

Whole House on the state of the Union. This is not a call of com- mittees for reports for action, but a call of committees for reporta for 

reference. 

Mr. FISHER. But I ask that the bill be read. 

The SPEAKER. The Clerk will read the rule. 

The Clerk read as follows : 

On all days other than Monday as soon as the J onrnal is read and approved, and on all Mondays (except the first and third in each month) after the call of States 

and Territories, there shall be a. morning hour for reports from committees, which 

shaH. be appropdn.tely referred and printed, and a copy thereof mailed by the Public Printn w each Member and Delegate; and the Speaker shall call upon each 

st:mding committee in regular order and then upon tho select committees; and if 

the whole of the hour is not consumed by this call, then it sba.ll be in order to proceed to the consideration of other business ; but if he shall not complete the call 

within the hour, he shall resume it in the succeeding morning hour where he left 

off. 

The SPEAKER. It says " they shall be appropriately referred and 

printed." 

Mr. CONGER. The House could not tell what the appropriate 

reference was without its being read. 

The SPEAKER. The gentleman from Louisiana made a motion to 

refer to the Committee of the Whole House on the state of the Union, 

and no ono has proposed a contrary reference. 

Mr. WHITE. My colleague from Pennsylvania moved for the reading of this bill. · The SPEAKER. The Chair overruled it. The rule says "they 

shall 1Je appropriately referred and printed," which means immediately referred and printed, and such has heen the practice of the 

Honse. 

1\ir. CONGER. We ·have a rule which decides what shall be read on a. c?Jl and what shall not. 

The SPEAKER. The gentleman will refer to it. 

Mr. CONGER. On subjects on which action of the Honse is to be 

had. 

The SPEAKER. There is no action here asked except that of reference, and that the gentleman bas a right to make. A motion was not made to refer to any other committee than the Committee of the 

Whole House on the state of the Union. 

Mr. CONGER. The question of appropriate reference is raised 

under that rule. 

The SPEAKER. The question of appropriate reference was not 

raised here, as the only motion made is to refer to the Committee of 

the Whole Honse on the state of the Union. 

Mr. CONGER. The other rule, I think, decides what shall be read 

and what shall not. 

The SPEAKER. The reading of papers ison questionsnppn which 

the Honse is called to give a final vote. There is no such disposition asked of the pending matter. 

Mr. CONGER, When the reading of a paper other than the one on which the Honse is asked to give a final vote is demanded, and the same is objected to by any member, "it shall be determined without 

debate by a vote of the Honse." I take it that takes away from the 

Chair tho arbitrary right to say what shall be read and what shall 

not. 

The SPEAKER. The Chair has not decided arbitrarily anything, 

but be bas decided in strict conformity with the rule and the prac- tice of the Honse. 

Mr. CONGER. Bnttherulesays it shall be submitted to the House 

without debate. 

The SPEAKER. That is for reference. There is no question about 

the reference here. 

Mr. CONGER. This is about the reading. The rule I have read 

refers to reading, and says nothing about reference. If the Chair 

will have that rnle read I think there will be no difficnlty about it. 

Mr. CARLISLE. The gentleman from Michigan confounds the rnle 

of the Honse which relates to the reference of bills to committees 

with the one which relates to bills reported from committees for ref- erence to the various calendars of the Honse. 

Mr. CONGER. I hope the gentleman from Kentucky will not make a blunder like that, for it is unusual with him. Let Rule XXXI be 

read. 

Mr. CARLISLE. I should like to hear it. 

Mr. CONGER. I hope my friend will not risk the high estimate we have of his judgment by taking such a position. 

Mr. ROBESON. I understand it to. be this: that when a paper is 

before the Honse upon which the House is called to take a :final vote, 

the reading comes as a matter of course, but every other paper, if 

a gentleman objects to the reading, he may have a vote as to whether 

it shall be read or not. But in every case where the Honse is called 

upon to take a final vote it is the right of any member to demand 

the reading of a paper. 

The SPEAKER. The Chair thinks the rnle governing the present 

condition of this question is very plain. The present condition applies to a report which is simply introduced by a committee for refer- ence and printing only, and it does not require to be read fo:r that 

purpose. 

Mr. ROBESON. But, Mr. Speaker, how is it possible to know its 

proper reference unless it be read 7 

The SPEAKER. It is the duty of the Chair to examine the bill or I 

report presented and make appropriate reference. For instance, if it 

makes an appropriation of money, it is the duty of the Chair to refer 

it to the Calendar of the Committee of the Whole Honse on the state 

of the Union. The rnle specifically provides for that. 

Mr. CONGER. The thirty-first rule is general in its application 

thatWhen the reading of a paper other than one upon which the House is called to give a. final;ote is demanded, and the same is objected to by any member, it shall be 

determined without debate by a vote of the Rouse. 

The SPEAKER. That is when it does not come in conflict with 

the ·specific rules of the Honse governing a particular class of busi- ness. The gentleman says very properly that is a general rule, but 

there are specific rnles governing this case, and the very purpose of 

the incorporation of this provision into the new rules was to enable 

this hour to be used in these reports from committees. The old rules 

allowed consideration in this hour. As the gentleman from Michigan 

will remember, those rules provided that each committee when called 

upon for reports was allowed two hours in the consideration of the 

business so reported. That right no longer exists. These reports are simply presented in this hour for reference to appropria.te calendars. 

Mr. CONGER. But the right under the present rule is unlimited as to length of time. 

The SPEAKER. The Chair thinks not. The rule applies simply 

to the introduction of these bills and reports for reference. 

Mr. ROBESON. Will the Speaker pardon me a moment f 

The SPEAKER. Certainly. 

Mr. ROBESON. Of course if the reading of a paper interfered with 

the other rule which requires its appropriate reference fo~; printing, 

then it would be in order to sustain the view submitted by the Chair; 

but the Chair will not say or hold that the reading of a, paper, called 

for as a right by a member of the Honse, interferes with its proper 

reference and printing. It may be read for the information of the 
J 

1881. CONGRESSIONAL RECORD-HOUSE. 2231 

Honse, and properly so, in order to determine theveryquestion of its 

reference. 

The SPEAKER. The Chair believes, in fact knows, that the judgment of the Committee on Rules in framing this rule was to enable 

this hour to be utilized, and that the purpose of it was to refer to 

appropriate committees without reading; and the Chair infers then 

from the very intent and spirit of the rule itself--

Mr. HASKELL. Is there any motion before the House ¥ 

The SPEAKER. There is not. 

Mr. HASKELL. Then I demand tb6 regular order. 

The SPEAKER. The Chair will repeat in this connection that the 

very object of the rule was to make a change in the old rnle which 

occupied the greater part of the time in consideration of reports from 

committees. This rule was to enable all of the committees to have an opportunity of reporting business on which they had acted. 

?1'lr. FRYE. I think the Speaker is entirely right in the construction which be places upon this rule. The object and design of the 

Committee on Rules in framing this rule was to enable the entire 

morning hour to be used with the reception and reference of reports 

from the committees. 

The SPEAKER. The Chair thinks that was unquestionably the 

object of the rule. 

The Chair will ask in this connection to incorporate at tkis point, 

if the House will permit it, a portion of the report of the Committee on Rules which relates to this question of the morning hour, and which 

conforms to the view of the question taken by the Chair, as well as by the gentleman from Maine. 

There was no objection. 

The report is aa follows : 

In the revision submitted by the committee, it is proposed to have a daily call of 

all the committees, all business reported, save that to which no objection is made to its" present consideration," to go to the Committee of the Whole irouse, whether 

public or private, and to a House Calendar composed only of bills not malring 

appropriations of money. '.rhis plan secures two desirable objects, namely : First. The printing of all bills and accompanying reports, thns giving time for 

their examination by members before consideration; and 

Second. Saves unnecesslll1' waste of time in preventing, by what is known as "filibusterin~" in the mornmg hour, the consideration of a bill reported by a com- mittee, thus bwckin~ the wa:y against reports from other committees to which little or no objection woula be made. 

Numerous instances might be cited, duringthepastfewyears, where the "morn- in~ hour" has been consumed by dilatory motions for days and even weeks, thus 

making it possible at the close of a sesSion to defeat action on an important bill, 

which could only be reported by unanimous consent or by a suspension of tke rules 

by a two-thirds vote, which vote might not be obtained. 

DISEASES OF DOMESTIC ANIMALS. 

Mr. HATCH, from the Committee on Agriculture, reported back, 

with a favorable recommendation, the bill (H. R. No. 7159) in relation 

to pleuro-pneumonia and other contagions and infectious diseases of 

live stock; which was referred to the Committee of the Whole House on the state of the Union, and, with the accompanying report, ordered 

to be printed. PENSION BILLS. 

Mr. CO:E'FROTH, from the Committee on Invalid Pensions, reported 

l)ack, with favorable recommendation, bills of the following titles; 

which were severally referred to the Committee of the Whole House on the Private Calendar, and the accompanying reportH ordered to 

be printed: 

A bill (H. R. No. 7177) granting a pension to Mrs. Clara A. Thompson, with amendments; 

A bill (H. R. No. 5859) granting a pension to Jonas B. Hoppes; 

A bill (H. R. No. 3082) restoring the name of Elizabeth Albright to 

the pension-roll; 

A bill (H. R. No. 4781) granting a pension to Agnes Cornmesser; 

and 

A bill (H. R. No. 7207) authorizing a dupli~ate check in payment 

o.f pension to William A. Gardner, of Frederick County, Maryland, in 

lieu of one lost. 

Mr. COFFROTH also, (in behalf of :Mr. MAso~,) from the same com- mittee, reported back, with favomble recommendation, bills of the 

following titles; which were severally referred to the Committee of 

the Whole House on the Private Calendar, and the accompanying 

reports ordered to be printed: 

A bill (H. R. No. 4196) granting a pension to Edward Farr; 

A bill (H. R.. No. 4880) granting a pension to Maria Goodrich: 

A bill (H. R. No. 1881) granting a pension to Elizabeth Vernon 

Henry; . A bill (H. R. No. 5842) granting a pension to George Quarrel; 

A bill (H. R. No. 6267) increasing the pension of John N. Payne; 

A bill (H. R. No. 5569) granting a pension to Richard L. Whitman; 

n.nd 

A bill (H. R. No. 6681) granting a pension to Caroline Lauffer. 

Mr. CONGER. Mr. Speaker, if there are any adverse reports in 

connection with these pension bills, I a-sk that the bills with an ad- verse recommendation be also referred to the Calendar, instead of 

being laid upon the table. 

The SPEAKER. That is the gentleman's right, and the order will 

be so made. 

Mr. COFFROTH, from the Committee on. Invalid Pensions, re- ported bills o~ the following titles; which were severally read a first 

and secoocl t1me, referred to the Committee of the Whole on t.he 

Pr~vate Calendar, and, with the accompanying reports, ordered to be 

prmted: 

A bill (H. R. No. 7245) granting a pension to Verlinda Davis; 

A bill (H. R. No. 7246) granting a pension to JohnMorlAyHudson 

and 

A bill (H. R. No. 7247) granting a pension to Mary Rose. 

:Mr. COFFROTH also, from the same committee, reported back, 

with adverse recommendations, the following bills and petitions; 

which were referred to the Committee of the Whole on the Private 

Calendar, and the accompanying reports ordered to be printed : A bill (H. R. No. 5303) granting a pension to John Cowan, chaplain, Sixth New York Heavy Artillery; 

A bill (H. R. No. 169) granting a pension to Solomon Yewell; 

A bill (H. R. No. 1819) granting a pension to Ann Easto; 

The petition of James A. Lee ; 

The petition of George W. Wilson, for increase of pension; and 

A bill (H. R. No. 118) granting a pension to Thomas Hall. 

Mr. DAVIS, of Illinois, from the Committee on Invalid Pensions, 

reported back, with a favorable recommendation, the bill (H. R. No. 

2520) granting a pension to Patrick Droney; which was referred to 

the Committee of the Whole on the Private Calendar, and, with the 

a-ccompanying report, ordered to be printed. 

Mr. HOSTETLER from the Committee on Invalid Pensions, reported, aa a substitute for House bill No. 3404, a bill (H. R. No. 7248) granting a pension to William Boone, late a private in Company F, Eightyeighth Regiment Indiana Infantry Volunteers; which was read a first 

and second time, referred to the Committee of the Whole on the Private Calendar, and, wit·h the accompanying report, ordered to be 

printed. 

Mr. HOSTETLER also, from the same committee, reported back, 

with a favorable recommendation, the bill (H. R. No. 4703) granting n. pension to Stephen Gupton; which was referred to the Committee of the Whole on the Private Calendar, and, with the accompanying report, ordered to be printed. 

:Mr. UPDEGRAFF, of Ohio, from the Committee on Invalid Pensions, 

reported back, with a. favorable recommendation, the bill (H. R. No. 

565) granting a pension to Stafford Palmer. 

Mr. RAY, from the Committee on Invalid Pe'ilSions, reported back, 

with favorable recommendations, bills of the following titles; which were referred to the Committee of the Whole on the Private Calendar, and, with the accompanying reports, ordered to 'f)e printed: 

A bill (H. R. No. 2821) granting a pension to Mrs. Adeline A. 

Turner; 

A bill (H. R. No. 7046) granting a pension to Alexander W. 

Rowell; 

A bill (H. R. No. 5135) granting a pension to Reuben H. Fitts; 

A bill (H. R. No. 6773) granting a pension to Edmund W. Whitney; 

A bill (H. R. No. 5424) granting a pension to Freeman N. Hall; and 

A bill (H. R. No. 3295) granting an increase of pension to Dennis 

Sullivan. 

Mr. RAY also, from the same committee, reported a bill (H. R. No. 

7249) granting an increase of pension to Elbridge G. Savage; which was read a first and second time, referred to the Committee of the 

Whole on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

Jlrlr. HAZELTON, from the Committee on Invalid Pensions, reported 

back, with favorable recommendations, the following bills; which were read a first and second time, referred to the Committee of the 

Whole on the Private Calendar, and, with the accompaning reports, 

ordered to be printed : • A bill (H. R. No. 6826) for the relief of Pliny Jewett; and 

A bill (H. R. No. 7009) granting a pension to Adam Poertner. 

CORONNA, TAUSSIG A~"'D COMPANY ET. AL. 

Mr. DAVIDSON, from the Committee on Claims, reported a bill (H. 

R. No. 7250) for the relief of Coronna., Taussig & Company and others; 

which was read a first and second time, referred to the Committee of 

the Whole on the Private Calendar, and, with the accompanying 

report, ordered to be printed. 

ORDER OF BUSTh"ESS. 

Mr. REAGAN. I rise to move a suspension of the rules so that the 

House may non-concur in the amendments of the Senat-e and ask for a committee of conference. 

The SPEAKER. Before the gentlema.n from Texas makes that mo- tion the Chair would like to recognize the gentleman from Illinois 

[Mr. HAYES] to make a privileged report touching the printing of the 

agricultural report. , Mr. REAGAN. Very well. 

PRINTL~G OF AGRICULTURAL REPORT FOR 1880. 

Mr. HAYES, from the Committee on Printing, reported back with a favorable recommendation the joint resolution (H. R. No. 373) relative to printing the agricultural report for 1886. 

The resolution was read, as follows: 

Resolved, cf:c., That there be printed 300,000 copies of the annual report of the 

Commissioner of Agriculture, for the year 1880; 214,000 copies for the use of mem· bers of the House of Representatives; 56,000 copies for the use of members of the 

Senate, and 30,000 copies for the use of the Department of Agriculture. 

The joint resolution was ordered to be engrossed and read a third 

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

and passed. 
2232 CONGRESSIONAL RECORD-HOU~E; FEBRUARY 28, 

Mr. HAYES moved to reconsider the vote by which the joint reso- lution was passed ; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

CONTRIBUTIO:XS TO NORTH Al\IERICAN ETIL.~OLOGY. 

Mr. WILSON, from the Committee o~ Printing, reported back with 

amendments the concurrent resolution to print volumes G, 7, 8, 9, and 

10 of Contributions to North American Ethnology. 

The concurrent resolution was read, as follows: 

lle8olved by the House of Representatives, (the Senate concurring,) That there be 

printed at the Government Printing Office 6,000 copies each of volum~;Js 6, 7, 8, 9, 

and 10 of the Contributions to Nortli American Ethnology, uniform with the preceding volumes of the series, and with the necessary illustrations; 3,00\1 copies of 

which sball be for the use of the House of Representatives; 1,000 for the use of 

the Senate, and 2,000 for distribution by the Bureau of Ethnology. 

Mr. WHITE. Does that come from a comn:iittee ? 

Mr. WILSON. Yes; it is a unanimous report of the Committee on Printing. Let the amendments be read. 

The amendments were read, as follows : In line 6, strikeout" 3,000" and insert " 3,030 ." 

In line 8, strike out "2,000" and insert "1,970." 

:Mr. WILSON. The object of the amendments is to increa-se the 

number to each member of the House, giving each member ten copies. 

Mr. WHITE. Of what Congress will the members be entitled to 

copies Y 

Mr. WILSON. Those who are members of Congress at the time 

the report is printed will be entitled to copies. 

The amendments wero agreed to. 

The resolution as amended was adopted. 

Mr. WILSON moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

PUBLIC LAl\"<}}8 IN OHIO. 

Mr. CONVERSE, by unanimous consent, from the Committee on the 

Public Lands, reported back with a favorable recommendation the 

bill (H. R. No. 5579) to provide for the survey of certain public lands 

in the State of Ohio ; which was referred to the Committee of the 

Whole on the state of the Union, and the accompanying report ordered 

to be printed. RIVER Al\"<}} HARBOR .APPROPRIATION BILL. 

Mr. REAGAN. I movo to suspend the rules so as to take from the 

Speaker's table the bill (H. R. No. 7104) making appropriations for 

t he construction, completion, repair, and preservation of certain 

works on rivers and harbors, and for other purposes, returned from 

the Senate with amendments, ru;td to non-concur in the amendments 

of the Senate, and request a conference on the disagreeing votes of 

the two Houses thereon. 

1\Ir. WARNER. I desire to make a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. TUCKER. I desire to move to go to business on t he Speaker's 

table. 

The SPEAKER. The gentleman from Texas [Mr. REAGAN] has 

been recognized by the Cilair to submit the motion to suspend the 

rules for the purpose indicated by him. After that motion shall have 

been disposed of, the Chair will determine what business may next 

be done. 

Mr. WARNER. After the motion of the gentleman from Texas 

shall prevail, will it be in order when the report comes in from the com- mittee of conference to raise the point of order under Rule XX that 

the amendments of tho Senate must be first considered in Committee 

of the Whole t 

The SPEAKER. It would not be in order to raise that point on the conference report. The motion of the gentleman from Texas is 

to suspend all rules which would interfere with the purpose stated 

in the terms of the motion. 

Mr. W AR.NER. I understand that would suspend the rules now, and therefore the point of order will not now apply. But upon the 

report of the conference committee would it be in order to raise that 

pointY 

• The SPEAKER. It would not; because the very object of the 

motion of the gentleman from Texas is to get clear of that point of 

order. Of course should the motion prevail, the Hoose having cleared 

that point of order out of the way, the bill and the amendments 

would not be subject again to that point of order. The question is 

upon the motion of the gentleman from Texaa. 

"7'Mr. VANVOORIDS. I call for a second Qn the motion to suspend the rules f 

1!he SPEAKER. That is the gentleman's right. 

i_Tellers were ordered ; and Mr. REAGAN and Mr. VAN VooRHIS were appointed. 

-; The House divide9- ; and the tellers reported that there were-ayes 

129, noes 36. 

So the motion to suspend the rules was seconded. 

LEAVE OF ABSENCE. 

By unanimous consent leave of absence was granted to Mr. STEPHENS, on account of indisposition. 

. ME!SAGE FROM THE SENATE. 

message from the.Senate, by Mr. BURCH, its Secretary, informed 

the House that the Senate had agreed to the report of the committee 

of conference on the disagreeing votes of the two.'Houses on the 

amendments of the Senate to the following bill: 

A bill (H. R. No. 6730) making appropriations for the current and 

contingent expenses of the Indian Department and for fulfilling treaty 

stipulations with various Indian tribes for the fiscal year ending J nne 30, 1882, and for other purposes. 

The message further announced that the Senate had agreed to the 

report of the committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the following bill : A bill (H. R. No. 6972) making appropriations for the service of the 

Post-Office Department for the fiscal year ending June 30; 1882, and 

for other purposes. 

The message also announced that the Senate had passed and re- q,.uested the concurrence of the House 4t bills of the following titles: 

A bill (S. No. 1025) fixin~ t-he relative rank and pay of certain offi- cers on the retired list of tne Navy; and 

A bill (S. No.1825) to provideforthesurveyof certainpublic.lands 

in the State of Ohio. 

RIVER Al.""D HARBOR APPROPRIATION, BILL. 

The SPEAKER. The question recurs upon the motion of the gentleman from Texas [Mr. REAGAN] to suspend the rules so as to take 

from the Speaker's table the bill (H. R. No. 7104) making appropriations for the construction, completion, repair, and preservation of cer- tain works on rivers and harbors, and for other purposes, returned 

from the Senate with sundry amendments, to non-concur in the amendments of the Senate, and to request a conference on the disagreeing 

votes of the two Houses thereon. The motion to suspend the rules 

haa been seconded, and under the rules fifteen minutes for debate on each side is now in order. [After a pause.] No one claiming the 

floor, the question is upon the motion to suspend the rules for the purpose stated. 

Mr. VAN VOORHIS. On that motion I call for the yeas and nays. 

The question was taken upon ordering the yeaa and nays; and upon a division, there were-ayes 30, noes 132; not one-fifth voting in the 

affirmative. 

Before the result of this vote was announced, 

Mr. HAWLEY called for tellers on ordering the yeas and nays. 

The question was taken upon ordering tellers; and there were 33 in 

the affirmative. 

So (the affirmative being more than one-fifth of a quorum) tellers were ordered; and Mr. HAWLEY and Mr. REAGAN were appointed. 

The House again divided; and the tellers reported that there were- ayes 53, noes 159. 

So (more than one-fifth voting in the affirmative) the yeas and nays were ordered. 

The SPEAKER. The question is now upon the motion to suspend 

the rules for the purpose stated, upon which the yeas and nays have 

been ordered. 

Mr. ANDERl:;ON. Can that motion be divided f 

The SPEAKER. It cannot be. 

The question was taken; and there were-yeas 179, nays 67, not 

voting 44; as follows: 

Acklen, Aiken, 

Aldrich, N. W. 

Aldrich. William 

Armfield, Atkins, 

Baker, 

Ballou, 

Barber, 

Bayne, 

Beale, 

Belford, Berry, 

Bicknell, 

Bingham, Bisbee, 

Blake, 

Bland, 

Bliss, 

Blount, 

Bouck, 

Boyd, 

Bragg;, 

Brewer, Brigham, 

Bright, 

Bnclaler, Burrows, 

Butterworth, Cabell, 

Caldwell, 

Cannon, 

Carlisle, 

Carpenter, 

Chalmers, Cla.fiin, 

Clardy, 

Clark, John B. 

Clements, Conger, 

Cook, 

Covert, 

Crapo, 

Cravens, 

Crowley, 

YEAS-179. 

Culberson, J ox gensen, Daggett, Kenna., 

Davidson, Kimmel, 

Davis, George R. King, 

Davis, Lowndes H. Kitchin, 

De La Matyr, Loring, 

Deuster, Lowe, 

Dibrell, :Manning. Dick, Martin, -Benj. F. 

Dunn, Martin, Edward L. 

Dunnell, Mason, 

Elam, McCoid, 

Ellis, McGowan, 

Errett, McKenzie, Evins, McKinley, Felton, Mc:Millin, 

Fisher, Miles, 

Forney, Miller, 

Frost, Mills, 

Gibson, Monroe, Goode, Morse, Gunter, Morton, 

Hammond, John :Muldrow, Hammond, N.J. Myers, 

Harmer, New. 

Harris, Benj. W. Newberry, Hatch, Nicholls, 

Hawk, O'Neill, 

Hayes, O'Reilly, Hazelton, Orth, 

Heilman, Pacheco, 

Henkle, Persons, 

Herbert, Phelps, 

Herndon, Philips, 

Hiscock, Phister, Hooker, Poehler, Horr, Price, 

~~:-~. ~:a~ Hubbell, Richardson, J. S. 

Humphrey, Richmond, 

Hunton, Robertson, 

Hurd, Robeson, 

Johnston, Ross, 

Jones, Rothwell, 

Russell, DanielL. 

Russell, W. A. 

Samford, 

Sawver, 

Scoville, 

Shallenberger, Shelley, 

Sherwin, 

Simonton, 

Singleton, J. W. 

Slemons, 

Smith, Hezekiah B. 

Smith, William E. 

Speer, Steele, Stevenson, 

Stone, 

Talbott, 

Taylor, Ezra B. 

Taylor Robert L . 

Tillman, 

Townsend, Amos Tucker Turner; Thomas Upson, 

Van Aernam, Vance, Voorhis, 

Waddill 

Wait, ' 

Ward, 

Washburn, 

Wellborn, 

Wells, 

White, 

Whiteaker, 

Williams, C. G. 

Williams, Thomas 

Willis, 

Willits 

Wilson: 

Wise. 

Wood, 

Wright. 
,. 

, ' ... 

1881. CONGRESSIONAL RECORD-HOUSE. 2233 

Anderson, 

Atherton, 

Bachman, 

Bailey, 

Beltzhoover, 

Briggs, 

Browne, 

Camp, 

Chittenden, 

Clymer, 

Coffroth, 

Colerick, 

Cowgill, 

Cox, 

Davis, Horaoo 

Deering, 

Ferdon, 

Barlow, 

Blackburn, 

Bowman, 

Calkins, 

Caswell, 

Clark, Alvah .A. Cobb, 

Con>erse, 

Davis, Joseph J. 

Dickey, 

Dwight, 

NAYS-67. 

Finley, Lounsbery, 

Ford, Marsh, 

Forsythe, McCook, 

Fort, Neal, 

Frye,. Norcross, 

Geda.est Osmer, Godsruuk, Overton, 

Hall, Prescott, 

Haskell, Ray, ~ Rioo, 

Hostetler, ruchardson, D. P. 

Joyce, Robinson, 

Ketcham, Ryan, Thomas 

Klotz, Ryon, John W. 

Ladd, Sapp, Lapham, Scales, 

Le Fevre, Smith, A. Herr 

NOT VOTING-44. 

Einstein, 

Ewing, 

Gillette, 

Harris, John T. 

Hawley, 

Henderson, 

Henry, 

Hutchins, 

James, 

Keifer, 

Kelley, 

Killinger, 

Knott; 

Lindsey, 

McLane, 

McMahon, 

Mitchell, 

Money, 

Morrison, 

Mnller, 

Mnrch, 

O'Brien, 

Sparks, 

Springer, 

Starin, 

Thomas, 

Thompson, W. G. 

Turner, Oscar 

Tyler, 

Updegrafi',J. T. 

Updegraff, Thomas 

Valentine, 

Van Voorhis, 

Warner, 

Whitthorne, 

Wilber, 

Yocum, 

Young, Thomas L. 

O'Connor, 

Page, 

Pound, 

Singleton, 0. R. 

Stephens, 

Thompson, P. B. 

Townshend, R. W. 

Urner, 

Weaver, 

Yeates, 

Young, Casey. 

So the motion of Mr. REAGAN was agreed to. 

The following additional pairs were announced: 

1\Ir. STEPHE~S with Mr. DWIGHT. If Mr. STEPHENS were present, he 

would vote "ay" and Mr. DWIGHT "no." • Mr. O'Co~NOR with Mr. HAWLEY, on the river and harbor bill. If 

:Mr. O'CoNNOR were present, Mr. HAWLEY would vote against the bill. 

Mr. ROBESON, until further notice, with Mr. McLANE. 

Mr. ROBESON. I am paired to-day with the gentleman from Maryland, [Mr. McLA.lt.--:E;] but knowing him to be in favor of this bill, 

and knowing that like myself he would be in favor of considering the 

funding bill without the pressure of the river and harbor bill behind 

it- [cries of " Order I"] 

The SPEAKER. Debate is not in order. 

Mr. ROBESON. I am giving the reason for my vote. For the rea- son I have just. stated, I have voted" ay." 

Mr. BLACKBURN. I rise to a parliamentary inquiry. The gentlem·an from Indiana [Mr. Conn] and myself have been absent from 

the House under its orders attending to our duties on a conference 

committee. I desire to vote on this question. 

Mr. WHITE. It cannot be done. 

The SPEAKER. The Chair promised to make an examination on this point, but has not had time to do so. He will state to the House 

that these gentlemen have been engaged on a conference committee 

by the direct order of the House. 

1\Ir. CONGER. Does that make any difference about the right to 

vote 'I 

Mr. COBB. It ought to. 

The SPEAKER. The Chair will so bmit the question to the House. 

The question is, Whether a member of this House appointed upon a conference committee, and in the actual discharge of his dnties by 

order of the House, shall have the right,· as an exception to ihe general 

rule, to come in and vote after the second call of the roll. , Mr. CONGER. I make the pointthattheChaircannot even entertain that request. 

:Mr. COVERT. I ask that these gentlemen have unanimous con- rent to record their votes. 

Mr. WARNER. Unanimous consent cannot give it. 

Mr. BLACKBURN. I hope I may be permitted to state that before we went to the meeting of the conference committee, which was held 

in the Senate wing of the Capitol, we lef-t a request with the Chair 

and the clerks to be sent for. We were sent for, and broke up that 

conference to come here at once. The SPEAKER. The Chair did sand for the gentlemen. 

Mr. BLACKBURN. I say so, and we came promptly. 

The SPEAKER. The Clerk will read the first clause of Rule XV. 

l\Ir. COX. 1\Ir. Speaker, what is the pending question f 

The SPEAKER. Whether the gentleman from Kentucky [Mr. 

BLACKBURN] and the gentleman from Indiana [Mr. COBB] have the 

right to vote after the second roll-call, they having been absent by 

direction of the House in the actual discharge of their dutjes upon a conference committee f · 

l\Ir. CONGER. I make my point of order on the first clause of 

Rule XV. I ask that it may be read. · The Clerk read as follows : 

Upon every roll-call the names of the members shall be called alphabetically by surname, except when two or more have the same surname, then the whole name shall be called; and after the roll has been onoo called, the Clerk sha.ll ca.ll in their 

alphabetical order the names of those not voting ; and thereafter the Speaker shall n~ . entertain a request to record a vote or announce a pair. 

The SPEAKER. The Chair thinks the language of this rule is 

absolute, and that he has not the right to entertain a request of this 

kind. He is perfectly willing, if the House so desires, to submit the 

question to the House. L Cries of •' Oh, no!"] ·Mr. WARNER. Let the r~e be changed-first. 

The SPEAKER. The remedy is a change of the rule; and the Chair 

thinks it ought to be changed. 

Mr. SPRINGER. Is it not in order to move to suspend this rule 

for the remainder of the session as to members absent on conference 

committees f 

Mr. CONVERSE. I desire to withdraw my vote and to have a pair· announced. 

The following pair was announced: 

:Mr. CONVERSE with 1\Ir. BLACKBURN. 

Mr. COX. Would it be in order to lay all this business on the 

table 7 

The SPEAKER. What business does the gentleman propose to lay on the table 'l 

Mr. COX. This appropriation bill coming from the Senate with 

amendments. 

The SPEAKER. The rules have been suspended. The gentleman 

makes his motion too late. The Chair will announce the result. 

Mr. HASKELL. Before the result of the vote is announced I rise 

to a point of order. Rule XV, as I understand, is a harsh and abitrary 

rule under which the Speaker is obliged- [cries of "Order!" and 

"Announce the result! "] 

The SPEAKER. The Chair will announce the resultMr. HASKELL. I rise to a point of order previous to the announce- ment of the vote. [Cries of "Regular order!"] 

The SPEAKER. The gentleman will state it. 

Mr. HASKELL. If members will permit me to state it, they will see that I am ~tating a point of order. 

The SPEAKER. The Chair will pe:rmit the gentleman to state it, 

but asks him to be as brief as possible. 

1\fr. HASKELL. I say that Rule XV is a harsh and arbitrary rule, 

requiring the Speaker to rule precisely according to the wordin~ of 

it. Now, the rule says that "the Clerk shall call in alphabetiCal 

order the names of those not voting, and thereafter the Speaker shall 

not entertain a request to record a vote." That roll of members not 

voting has not been called ; and prior to its being called it is an open 

question whether or not this House cannot receive the vote of a mem- ber who has been by order of the House serving upon a conference 

committee. 

The SPEAKER. The Chair desires to state there was great com- plaint in the former practice of the House, in allowing members to come in after the roll had been called over and record their votes, 

and it was in consequence of that complaint this rule was adopted. 

The Chair has no discretion except to obey the mandate of the rule. 

The vote was then announced as above recorded. 

Mr. SPRINGER. I desire to ask whether it be in order to dispensewith this rule in regard to voting for the remainder of the session. 

[Cries of "No!" "No!"] 

The SPEAKER. The Chair appoints as managers on the part of 

the House of the conference on the disagreeing votes of the two 

Houses on the river and harbor appropriation bill :Mr. REAGAN, Mr. 

KENNA, and Mr. O'NEILL. 

Subsequently the Speaker stated that Mr. O'NEILL'S business did 

not permit him to serve on the conference on the river and harbor 

appropriation bill, and he therefore appointed in his plaee Mr. HAwLEY. ' 

LEGISLATIVE APPROPRIATION BILL. 

The SPEAKER. The Chair recognizes the gentleman from Virginia, [Mr. TUCKER.] . Mr. ATKINS. I rise for the purpose of submitting a conference 

report. 

The Clerk read as follows: 

The committee of conferenoo on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H. R. No. 7101) making appropriations for 

the expenses of the legislative, executive, and judicial expenses of the Govern- ment for the fiscal year ending June 30, 1882, and for other purposes, having met, 

after full and free conference, have agreed t~ recommend, and do recommend, to 

their respecti~e Houses as follows: 

That the Senate recede from its amendments numbered~. 15, 16, 17, 18, 1!1, 20, 21, 

R~-~~~~~~~~~~~~n~~~~~~~n 

That the House recede from its disagreement to the amendments of the Senate 

numbered 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 22, 23, 25, 26, 29, 30, 45, 46, 47, 48, 49, 50, 51. 

!13. ~~~~~~~~~~~~~~~~~~~~~-~~~ and !14; and agree to tne same. That the Honse recede from its disagreement to the amendment of the Senate 

numbered 1, and agree to the same with an amendment, ns follows: Strike out from 

the words proposed to be inserted by said amendment "eight thousand and nine- teen " and insert in lieu thereof "seventy-seven hundred and thirty-one;" and 

the Senate a:rree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 3, and agree to the same with an amendment, as follows: Strike out from 

said amendment the word "laborer" and insert in lien thereof the woru " assistant;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 5, and agree to the same with an amendment, as follows: Insert after the 

word "clerk" the words " and stenographer; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 27, and agree to the same with an amendment, as follows: Strikeout the 

word '• monthly" propose<l to be inserted by said amendment; and the Senate 

agree to the same. That the House recede from its disagreement to tho amendment of the Sen at& 

numbered 31, and agree to the same with an amendment, as follows: Strilj;.e out in. line 15, after the word "thousand," at the end of line H, page 15 of the bill, the 

words "two hundred and fifty; " and the Senate agree to the same. Tbat the House recede from its disal{reement to the amendment of the Senate numbered 40, and a~ree to tbe same with an amendment, as follows: In lieu of the- sum proposed insert. "$1,975,000; " and the Senate agree to_ the same. That the House recede from its disagreement to the amendment of the Senate-
I 

CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28, 

numbered 43, and agree to the same with an amendment, as follows : Strike out tllerefrom the word "four," where it first occurs, and insert in lieu the word "two;" 

strike out the word "four," where it last occnrs,andinsertinlieu the word "six;" 

and the Senate agree tQ the same. That the House recede from its disa~reement to the amendment of the Senate 

numbered 44, and agree to the same with an amendment, as follows: Strike out the 

words proposed to be inserted by said Senate amendment and insert in lieu thereof 

" 640; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 69, and agree to the same with an amendment, as follows: Strike out the 

words "four thousand" and insert in lieu thereof "three thousand six hundred;" ·and the Senate agree to the same. That the Honse recede from its disa,greement to the amendment of the Senate 

numbered 71, and agree to the same with an amendment, as follows: In lieu of the sum proposed insert "65!11,010;" and the Senate agree to the same. That the House recede from its disa,greement to the amendment of the Senate 

numbered 73, and agree to the same with an amendment, as follows: Add after 

the word " dollars,'' at the end of the amended paragrafh, the following: "A.nd the 

provisions of section 5485 of the Revised Statutes shal be applicable to any person who shall violate the provisions of the act entitled 'An act relating to claim 

agents and attorneys in pension cases,' approved June 20, 1878;" and the Senate 

.agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 81, and agree to the same with an amendment, as follows: In lien of the sum proposed insert "$4,500; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 83, and agree to the same with an amendment\ as follows : In lieu of the .sum proposed insert '' $17,100 ; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 89, and agree to the same with an amendment, as follows: In lieu of the sum proposed insert 11 $204,660 ; " and t,he Senate agree to the same. That the House recede from its disa~eement to the amendment of the Senate 

numbered 92, and agree to the same witn an amendment, as follows: In lieu of the ·.sum proposed insert "$51,200 ; " and the Senate agree to the same. That the House recede from its disa,greement to the amendment of the Senate ·numbered 96, and agree to the same with an amendment, as follows: Strike out -'' ten" and insert" twelve;" and the Senate agree to the same. J.D. C. ATKINS, 

HIESTER CLYMER, 

JOHN H. BAKER, 

Managers O?l the part of the House. 

H. G. DA.VIS, 

WILLIAM A. WALLACE, 

W. B. ALLISON, 

Managers on the pa'rt of the Senate. 

The SPEAKER. The statement accompanying the report will now be read. 

The Clerk read as follows : 

The managers on the part of the House of the conference on the lep;islative, ex~ 

ecutive, and judicial appropriation bill submit the following detailed statement in 

-explanation of the action recommended in the report submitted. 

The effect of the action recommended by the committee on the Senat-e amend- ments will be, if ratified by the two Houses, as follows : On amendment 1, corrects total of a clause. 

On amendment 2, strikes out proposed increase in salaries of two messengers of 

the Senate from 1,296 each to $1,440 each. . On amendment 3, substitutes word "assistant" for that of "laborer" at $1,000 in 

Senate stationery-room. On amendment4, provides fora page in Secretary's office of the Senate at $912.50. 

On amendments 5, i, and 7, increases salary of clerk to Finance Committee of 

the Senate from $2,2'20 to 2,500, and provides for a clerk to the Joint Committee .on the Library at f2,220, as in the law for 1881. 

On amendments 8 and 9, corrects the clause providing for pages of the Senate. 

On amendments 10 and 11, provides for a foreman in the Senate folding-room at 

$1,200. On amendment 12, strikes out the foll6wing : "And the following prices may be paid for folding books, pamphlets, speeches, 

and the daily RECORD, namely : For quarto volumes, not exceeding one cent por 

-volume; for octavo volumes, not exceeding one-half cent each per volume; for the 

daily REcoRD, not exceding $2 per thousand; and for speeches, not exceeding $1 

per thousand." 

On amendments 13 and 14, makes a transposition of a clause. 

On amendments 15, 16,17, 18, 19, 20, and 21 strikes out proposed increase in salaries of employes in the Library of Congress and leaves the same as now :fixed by ~w. . On amendments 22 and 23, increases the salary of the superintendent of the 

Botanic Garden from $1,600 to ~a.soo. 

On amendment 24, strikes out proposed increase of $500 for improvement, &c., of the Botanic Garden. . On amend menta 25 and 26, increases the salary of the First Assistant Secretary of 

.State from $3,500 to $4,500. · On amendments 27 and 28, makes an appropriation as follows: ' 11 For printing and distributing the publications by the Department of State of 

the consular and other commercial reports, including circular letters to chambers 

of commerce, provided that such publications may be sold at such rates a..~ may be 

fued by said Department, and the proceeds of all sales to be paid into tho Treasury, 

$7 000." 

On runendments 29 and 30, increases the salary of the captain of the watch for 

the Treasury Department from $1,200 to 1,400. 

On amendments 31 and 32, increases salary of chief clerk and assistant in office 

of Supervising Architect from $2,250 to $2, 500, and decreases salary of the photographer in same office from $2,250 to $2,000. On amendments 33, 34, and 35, strikes out proposed addition of one chief of division in the Second Comptroller s Office at $2 000. 

On amendments 36 and 37, strikes out proposed increase in salary of Superintend- ent of Bureau of Statistics from $3,000 to $3,600. 

On amendments 38 and 3!l, strikes out proposed increase of salary of deputy Commissioner of Internal Revenue from $3,200 to 3,500. On amendment 40, makes the appropriation for salaries and expenses of collectors 

and deputy collectors of internal revenue $1,975,000. On amendment 42, makes the appropriation for legislative expenses of Utah, 

$25,500. On amendments 43 and 4<1, provides for two messengers and six assistant mes- sengers, in lieu of eight as istant messenJ!:ers as heretofore, in the office of tho Sec· 

rotary of War. 

On amendments 45, 46, 47, and 48, provides for twenty-fi-.e additional clerks at 1,000 each, and one assistant messenger for the balance of the current and the 

whole of the next fiscal year in the Adjutant-General's Office, to be employed ex- -elusively in expediting pension cases; and also appropriates $1,500 for rent of building for their accommodation. 

On amendments 49 aud 50, increases the f.PP!'OJlria.tion for contingent expenses 

in the Adjutant-General's Office from 12,000 to $14,500, and makes $1,750 of the same immediately available. 

On amendments 51, 52, an<! 53, provides for forty clerks at $1,000 each; one as- sistant messenger, one watchman, and one laborer additional in the Surgeon-Gen- eral's Office for the balance of the current and the whole of the next fiscal year, to be exclusively engaged in expediting settlement of pension cases. On amendments 54 and 55, increases the appropnation for contingent expenses 

of the Surgeon-General's Office from $8,000 to $18,000, and makes 5,000 of the same immediat-ely available. 

On amendments 56 and 57, provides for a clerk of class 3 in lieu of one of class 

4, as proposed, in the office of the Judge-Advocate-General of the Navy. 

On amendments 58, 59, 60, 61, 62, 63, and 64, appropriates $20,000 in lieu of 24,000 

for rent of building now occupied by Pension Bureau, and authorizes the Secretary of the Interior to rent any other fire-proof building in its stead. 

On amendment 65, appropriates $8,000, $2,000 of which to be immediately avail· 

able, to rent buildings for the additional force provided for in the Pension Bureau. 

On amendments 66 and 67, strikes out proposed increase of salaries of three 

principal clerks in the General Land Office from $1,800 to 2,00() each. 

On amendments 68, 69, 70, and 71, increases the salary of the Commissioner of 

Pensions from $4,000 to $5,000, provides for a" first deputy Commissioner of Pensions " at $~,600, and strikes out proposed increase of salary of deputy Commissioner of Pensions from $2,400 to $2,500 . On amendment 72, inserts the followin~: 

"For the following additional clerical force in the Pension Office, namely, twenty examiners at $2,000 each; twenty clerks of class 4, twenty clerks of class 3, twenty clerks of class 2, fifty clerks of class 1, three assistant messengers, three watch- men, and five laborers; in all, $203,620; and for the like force for the balance of 

the current fiscal year, $50,905; the latt-er sum to be immediately available." 

On amendment 73, strikes out the following clause: 

" For actnal and necessary expenses of clerks detailed to investigate suspected frauds and attempts at fraud, as provided by law, $40,000." 

And inserts in lieu thereof the following : "For actual and necessary expenses of clerks detailed to investigat~ tJension cases, $125,000, and the provisions of section 54.35 of the Revised Statutes shall be appli· cable to any person who shall violate the provisions of a!l act entitled • An act re- J.a.ting to claim agentsJ1Dd attorneys in pension cases.' approved June 20, 1878." 

On amendments 74 ~d 75, increases the appropriation for contingent expenses of the Pension Bureau from $26,000 to $51,000, and makes $15,000 of the same imme- diately available. , On amendments 76, 77, 78, 79, and 80, increases the force of the Patent Office M 

follows : •' One principal examiner, at ~2, 400; one tirst assistant examiner, at 1,800 ; one second assistant examiner. at $1,600; one third assistant examiner, at 1,400." 

On amendments 81, 82, and 83, fixes the salary of the Auditor of Railroad AC· counts at $1,500, and the railroad engineer in his office at S2,500. 

On amendment 84, strikes out proposed increase in salary of surveyor-general of 

Dakota from 2,000 to $2,500. 

On amendments 85, 86, 87, 88, and !JO, strikes out tJroposed increase of clerks of 

class 3 from eighteen to nineteen, and clerks of class 1 from thirty-seven to thirty- eight, and adds ten female clerks at $1,200 each in lien of ten female clerks at$900 

each, in the office of the Third Assistant Postmaster-General. 

On amendments 90, 91, and 92, increases the clerks of class 4 from four to five, 

and strikes out proposed increase of laborers from three to four in the office of the superint~ndent of the money-order system. On amendment ~3, provides that the proceeds of the sale of waste paper in the 

Post-Office Departruc:ut shall be paid into the Treasury and report thereof made tQ 

Con,gress. On amendment !!4, p>ovides that salaries of ten-itorial judges may bo paid 

monthly. On amendment 95, strikes out clause proposed to pay salary of the warden of 

the jail in the District of Columbia .. On amendment 9ti, appropriates $12,000 in lieu of $10,000, for rent of building 

occupied by the Department of Justice. 

On amendment 97, provides as follows: 

"For reporting the decisions of the court, clerical hire, labor in preparing and 

superintending the printing of the sixteenth volume of the reports of the Uourt of Claims, to be paid on the order of the court., i1,000 ; aud said sum, as well as the 

appropriation for like services in the act of June 15, 1880, cha.t>ter 2-25, for the 

fifteenth volume, may be paid to the reporters of the court notWithstanding sec- tion 1765 of the Revised Statutes, or section 3 of the act of June 20, 1874, chapt~r 

328." 

JNO. D. C. ATKINS, HIESTER CLYMER, 

JOHN H. :BAKER, 

Manager8 on the part of the House. 

Mr. ATKINS. Mr. Speaker, as the detailed statement which has 

just been read in the hearing of the Honse fully explains the confer- ence report, and the results at which the conference committee have 

arrived, unless some gentleman desires to ask a. question in regard 

to it, I shall move the previous question upon the adoption of the 

report. The main question was ordered; and under the operation thereof 

the conference report was agreed to. 

Mr. ATKINS moved to reconsider the vote by which the conference 

report was agreed to; and also moved that the motion to reconsider 

be laid on the table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. 

A messa!Te from the Senate, by Mr. BuRcH, its Secretary, announced 

that the S~nate had passed a bill (S. No. 1441) for the relief of the 

captain, owners, officers, and crew of the late United States privatearmed brig General Armstrong, their heirs, executors, administra.~ors, 

or assigns; in which the concurrence of the House of Representat1ves 

was requested. 

ORDER OF TIU3INESS. 

Mr. TUCKER. I now renew the motion that the House proceed to 

the consideration of business on the Speaker's table. 

Mr. ROBESON. Does the gentleman from Virginia move to sus- pend the rules to reach that business 

Mr. PRICE. I rise to a point of order. 

The SPEAKER. The gentleman will state it. 

Mr. PRICE. I make t,he point of order that we cannot go to busi- ness on the Speaker's table until the unfinished business pending is 

-disposed of, unless the rules be suspended by a two-thirds vote. 

. 
1881. CONGRESSIONAL RECORD-HOUSE. 2235 

The SPEAKER. There is no unfinished business that has yet presented itself to interfere with the motion. 

Mr. PRICE. Before the Chair decides the point of order, I want 

to read som~ of the decisions of the Chair. 

'.rhe SPEAKER. The Chair will be very glad to hear the gentleman. 

Mr. PRICE. On last Friday Mr. Cox propounded an interrogatory 

io the Chair in reference to the apportionment bill. I will read from 

the RECORD. Mr. Cox says: 

I wish to make a parliamentary inquiry. The SPEAKER. The gentleman will state it. 

Mr. Cox. I wish to know if the apportionment bill then loses the effect of the pre· vious question which has bee~ ordered upon it yesterday W 

The SPEAKER. The Chair would like to hear that read again Y 

1\Ir. PRICE. · I will send it to t.he Clerk's desk and let the Clerk ·read it. 

The SPEAKER. The Clerk will read as requested. 

The Clerk read as follows: 

Mr. Cox. I wish to make a parliamentary inquiry. The SPEAKER. The gentleman will state it. 

Mr. Cox. I wish to know if the apportionment bill then loses the effect of the pre- vious question which has been ordered upon it yesterday 1 

The SPEAKER. The ~entleman from New York was not pressing the motion to resume the consideration of the bill, and the Chair therefore recognized the gen- tleman from Georgia. Mr. Cox. The Cliair did not recognize my question. I asked if the previous ques- .tion was still operating upon the bilL 

The SPEAKER. Of course it retains its force and effect. 

Mr. PRICE. That is all. 

Now, Mr. Speaker, that apportionment bill is not only the unfin- ·ished business, but it is business upon which the previous question -has been ordered, and therefore it occupies the most important relation which' can possibly be occupied by the unfinished business of the 

Honse; and unless that business is disposed of, either by laying it 

upon the table or withdrawing it, or disposing of it in some proper 

way under the rules, it intervenes between any motion made by the 

_gentleman from Virginia and its own considemtion except the rules 

be suspended. 

I hold, therefore, that the gentleman from Virginia cannot reach 

the Speaker's table unless he makes a motion to suspend the rnles and 

go to business upon the Speaker's table for a special or general purpose; and I want to read in this connection in support of what I say a. rule of this House that is very plain, which bears upon this point. 

I read from the fourth paragraph of Rule XXIV. That rule provides 

that-

.After the hour shall have been devoted to reports from committeesThat hour has already begunit shall be in order to proceed to the consideration of the unfinished business in 

which the House may have been engaged at an adjournment- . 

Any adjournment; the indefinite article qualifies the word- , 

and at the same time each day thereafter, other than the first and third Mondays, until disposed of; and it shall be in order to proceed to the com~ideration of all other 

unfinished business whenever the class of business to which it belongs be in order. 

Then the unfinished business being disposed of, the fifth paragraph of·tbe same rule provides thatIt shall be in order to entertain a motion that the House do now proceed to the 

business on the Speaker's table, &c. 

If the English language-and I call the special-attention of the 

Chair to this-if the English language can convey any idea, and if 

this rule means anything, it means that until the unfinished business 

is disposed of you cannot go to the Speaker's table by any motion 

that does not previously suspend this rule. It can only be reached 

by a motion to suspend the rule. 

Now, Mr. Speaker, the unfinished business has not been disposed 

-of. It is not only the unfinished business to which I have referred, 

but there are two or three other items of unfinished business before 

the House which have been partly considered and not disposed of, and 

upon one of which, as I have shown, the previous question is ordered 

.and still pending. It will be entirely in order for the gentleman from 

Virginia, under the rules of the House, to make a motion to suspend 

the rules to go to business on the Speaker's table. But I submit that 

it is not in order to make that motion by a majority vote, unless you 

ignore the rule to which I refer. 

Mr. CARLISLE. Without entering upon a discussion of this question of order, .I desire to say that if the Chair is of the opinion that -the point of order made by the gentleman from Iowa is correct, then 

I raise the question of consideration against the apportionment bill. 

Tho SPEAKER. The Chair will briefly refer to the facts. The .apportionment bill is the unfinished business and the main question 

is ordered on it. But it cannot be held solely in the light of unfinished business in view of what has occurred in reference to that 

biU. By unanimous consent or by an agreement on both sides of the 

.House, the place of that bill in reference to its character of unfinished business has been in a measure waived. That was an agreement arrived at by common consent, as the gentleman from Iowa will 

remember. Five gentlemen were appointed in accordance with that 

agreement. These gentlemen were appointed to consider that snbje.ct and in addition to this the gentleman in charge of the bill is not 

pressing it for consideration. 

But the Chair, in view of the fact that the main question has been 

..ordered, recognizes the gentleman from Kentucky to raise the quest Eon of consideration, supposing such bill to be in light of unfinished. 

As to the power in connection with recognitions by the Chair for mo- tions, the Chair maintains that that is a discretion absolutely vested 

in him, and such allowance has been decided by the report of a com- mittee of this House and accepted as such. The Chair will therefore not now decide that point. 

Mr. CONGER. Will the Chair allow me one moment? 

The SPEAKER. Certainly. 

Mr. CONGER. I wish to say in regard to whatever delay there 

may have been inreg~rd to the app?rtionment bill pending an attempt 

.,at some arrangement that wa-s bemg made by: gentlemen appointed on either side of the House, those gentlemen have had their meeting, 

presented their views, and have failed entirely to come to any understanding and have instructed me to report so to the Honse. So that 

practically that matter is entirely finished and the committee is fttnctus 

offwio. ' 

The SPEAKER. The Chair wa-s not informed about that. 

Mr. CONGER. I was chairman of the joint committee, and as such 

chairman make that report: Therefore the apportionment bill, notwithstanding that interruption, is just where it was left at the time 

that committee was appointed; and I demand that the apportionment bill be now taken up as the unfinished business. 

Mr. CARLISLE. I raise the question of consideration. 

The SPEAKER. The gentleman from Kentucky raises the question 

of consideration on the apportionment bill. The question is, Will the 

House now proceed to consider that bill as unfinished business f 

Mr. PRICE. Will the Chair hear me a moment upon that Y 

The SPEAKER. Yes, sir. 

Mr. PRICE. The gentleman from Kentucky bas the right to raise 

the question of consideration, doubtless; but after he has raised that 

question and the House has voted on it, that does not by any possibility get rid of the previous question ordered on that bill. 

The SPEA.KEU. '.rhe majority of the House can control its busi- ness ; and if the majority of tJ:l.e House does not wish to consider the 

apportionment bill it need not. 

Mr. PRICE rose. Mr. CARLISLE. I make the point of order that debate is not in 

order on the order of business. 

The SPEAKER. It is not. 

Mr. KEIFER. I rise to a. question of order. 

The SPEAKER. The gentleman will state it. 

Mr. KEIFER. I submit the question of consideration cannot be 

raised upon a bill after the main question has been ordered on it. 

The SPEAKER. By consent the consideration of this bill went 

over, and the question of consideration, in the opinion of the Chair, can be raised. 

Mr. KEIFER. I wish to say a word as to the question of fact. It seems to be nnderstoou by the Chair that unanimous consent was given that the apportionment bill should stand aside. I do not understand the record will show anything of the kind. There was a re- cess taken, and some gentlemen were appointed to try to come to an amicable conclusion. But no amicable conclusion was reached. 

The SPEAKER. The Chair has no difficulty in brushing aside all 

that part of the discussion. A recognition by the Chair to test the sense of the House on consideration against any subject is the right 

of any member under the rules. 

:Mr. PRICE. But after the question of consideration is raised, and 

should the Honse refuse to consider tho bill, does it necessarily follow that the House could go to the consideration of business on the 

Speaker's table without a suspension of the rules 1 

The SPEAKER. That the Chair will decide when the case arises. 

The Chair recogruzes the right of the gentleman from Kentucky to 

raise the question of consideration in manner a-s demanded. 

Mr. CONGER. I make the further point of order--

The SPEAKER. One point of order at a time. A vote should be 

immediately taken, and no debate is allowed on the question of con- sideration, being a question of priority of business. 

Mr. KEIFER. Does the Speaker rule that always after the main 

question is ordered on a bill you can still raise the question of con- sideration 'I 

The SPEAKER. The Chair rules that, in the condition of this question, the question of consideration can be raised, and he recognU:es 

the gentleman from Kentucky to raise that question. 

Mr. KEIFER. I appeal from the ruling of the Chair. I do not 

think that is allowable under the rules. 

1\Ir. SPRINGER. This is not a ruling of the Chair. 

The SPEAKER. The Chair recognizes the gentleman from Kentucky to raise the question of consideration. The Chair doubts 

whether the gentleman from Ohio has the right to appeal against that 

recognition. 

Mr. KEIFER. I have a right to appeal from the decision of the 

Chair on the point of order I ma-de. When the Chair rules that_ after 

the main question is ordered on a bill the question of consideration can still be raised, I take an appeal from that ruling. 

The SPEAKER. The Chair recognizes the gentleman from Kentucky to raise the question of consideration. Many days have elapsed 

since the main question was ordered, and other subjects considered. 

Mr. KEIFER. Is not my appeal entertained Y 

Mr. ROBESON. I make the point of order that it is out of order 

for the gentleman from Kentucky to raise the question of consideration. Let the Cbair decide that point of order. 
I . 

2~36 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28'~ 

The SPEAKER. There is really no power in the House itself to 

appeal from a recognition of the Chair. The right of recognition is 

just as absolute in the Chair as the judgment of the Supreme Court 

of the United States is absolute as to the interpretation of a law. 

Mr. KEIFER. I agree to that. But I wish to say to the Chair, if 

he will hear me a moment, I do not appeal from the discretion of the 

Chair when exercised jn recognizing the gentleman from Kentucky. 

It is not that. But I appeal from the decision of the Chair when he 

rules that after the Chair has recognized the gentleman from Kentucky that gentleman may raise the question of consideration against a bill pending before the House under the operation of the previous 

question. I understand the rule to be that that is not allowed and 

that there never has been a precedent for such a proceeding. That 

is my appeal. It is not an appeal from the exercise of the discretion 

of the Chair in msking a recognition. 

Mr. WILSON. Does the gentleman from Ohio make an appeal Y 

Mr. KEIFER. I am trying to make an appeal. 

Mr. SPRINGER. The decision of the Qhair, as I understand it, is not 

that a bill pending with the previous question ordered upon it can be 

antagonized by raising the question of consideration; that is not this case. Thls case iR one of a bill which was pending on a previous day, on which day the previous question was ordered upon it, and the 

Honse adjourned before disposing of tb.e question. It then became 

unlinished business, and took its place in the House in the order of 

unfinished business. The proposition is now to antagonize the un- finished business with a motion to proceed to business on the Speaker's 

table, and the previous question has nothing to do with it. If the 

unfinished business had been taken up, then the previous question 

would attach to that unfinished business. But there is now no previous question on unfini.shed business, which is the standing.order of 

the Honse. 

The SPEAKER. The Chair upon reflection is of opinion that a day having intervened the business referred tQ is in effect unfinished 

business, and the gentleman from Kentucky [Mr. CARLISLE] has the 

right to raise the question of consideration against that unfinished 

business. Mr. KEIFER. And from that decision of the Chair I appeal. 

l\1r. WILSON. I move to lay that motion on the table. 

Mr. CONGER. The gentleman cannot do that while the gentle- man from Ohio is on the :floor. . The SPEAKE.R. Th~ Chair will hear the gentleman from Ohio. 

Mr. KEIFER. I would like to have the Clerk read Rule XVII in 

order that the House may understand just what may be done under 

the operation of the previous question. 

The Clerk read as follows : 

1. There shall be a motion for the prenous question, which, being ordered by a majority of members present, if a quorum, sluill have the effect to cut off all debate and bring the House to a direct vote upon the immediate question or ques· 

tions on whlch it has been asked and ordered. The previous question may be asked 

and ordered upon a siLgle motion, a series of motions allowaule under the rules, or an amendment or amendments, or may be made to embrace all authorized motions or amendments and include the bill to its engrossment and third reading, and then, on renewal and second of said motion, to ita passage or rejection. It shall be in 

order, pending the motion for or after the previous question shall have been or- dered on its passage, for the Speaker to entertain and submit a motion to commit, 

with or without instructions, to a standing or select committee; and a motion to lay upon the table shall be in order on the second and third reading of a. bill. 

2. A call of the Ho1Ul6 shall not be in order after the previous question is or· dered, uuless it shall appear upon an actual count by the Speaker that a quorum is not present. 3. All incidental questions of order arising after a motion is made for the pre- vious question, and pending such motion, shil.ll be decided, whether on appeal or otherwise, without debate. ' 

Mr. CARLISLE. Will tbe gentleman allow me a. moment? 

Mr. KEIFER. Certainly. Mr. CARLISLE. I desire to hs.ve read in connection with that 

rule the third clause of Rule XVI. 

Mr. KEIFER. I have no objection to that. 

Mr. CARLISLE. And I desire to say--

Mr. KEIFER. I do not yield for a speech; but I yield that the 

Clerk may read whatever the gentleman desires from the rules. 

111r. CARLISLE. Very well. I ask the Clerk to read clause 3 of 

Rule XVI. 

The Clerk read as follows : 

When any motion or proposition is made, the question, Will the House now consider it¥ shall not be put unless demanded by a member. 

111r. KEIFER. It will be noticed that by the rule which the Clerk 

has read the purpose of the previous question is to bring the House 

to a direct vote upon the iriunediate question or questions on which 

it has been asked a.nd ordered; that is the purpose of it. If that purpose is to be carried out it is not within the power of the Speaker, 

under the rules at least, to permit the question of consideration to be 

raised against the proposition upon which the previous question is 

pending. The rule undertakes to specify what shall be .in order after 

the previous question shall have been ordered: 

It shall be in order, pending the motion for or after the previous quesUon shall 

have been ordered on its passage, for the Speaker to entertain and submit amotion to commit, with or without instructions, to a standing or select committee; and a. :m~on to lay upon the table shall be in order on the second and third readin~ of a 

There is provision for a motion to adjourn ; bnt all these things are specific. In the absence of a provision in the rule authorizing some action to be taken by the House, some motion to be entertained, it is 

not within the rules to entertain the question of consideration against a measure upon which the previous question has been ordered. Therule specifies what may be done under the operation of the previous question. 

I am not of long experience here or in any other legislative body;. 

but I do not believe any precedent can be found in the history of the 

Congress of the United States or anywhere else for entertaining at 

this time the question of consideration. Gentlemen will inform me if that be true. . • The Chair says that a day has intervened. How does that help thematterY Does the rule provide for a suspension of the operation of 

the previous question after a day has intervened f If I understand 

the Speaker, he does not himself claim tliat that happens. If there 

be any such provision in our rule, or anything in the practice of the 

House, that destroys the operation of the previous question after the 

intervention of a. day, I would like to know it. [After a. pause.]' 

There seems to be silence in response to that inquiry. 

Then these things, to use the language of the Speaker, are all to- be "brushed aside,'' and we come back to the real question at issue, 

which is, Can the question of consideration he raised against a pending measure under the operation of the previous question Y 

Some stress has been laid upon the condition of the apportionment 

bill as it was left after that longnight session. Afterthatwearisome, 

wearing-out session which we had, it is said that something wa-s done 

which set aside that measure. We understand the Speaker to have 

decided, and to have decided rightly, that the previous question still 

operates upon that measure. Now, let us see what did take place at 

the very close of that long session ending on the morning of the 25th 

instant. I ask the Clerk to r~ad from the REcoRD of Saturday last,. which I send to the desk, what I have marked, and which will show 

to the House (and I think to the Speaker, if he will) what did take 

place, and will show that it was not the purpose of the House then in 

session to set aside the previous question which was then operating.· 

The clerk read as follows : 

Mr. HAWLEY. I beg leave to make a suggestion. 1t is that we should-in·· formally, of course, for it would not appear as part of the record-have it understood 

between the two parties here that each should select five gentlemen, and that these ten should meet for a conference with the hope that they may agree upon same plan; 

and that in the mean time the House take a recess until half past ten o'clock, so that we may at once take up this business when we reassemble, and go on without being 

interrupted by the morning hour. I suggest this to gentlemen on both sides as affording some chance of a solution. We are not so far apart by any means as we were when the night began; and I think that if there bea.conferenceoften gentle- men, five from each side, they could probably suggest a plan under which we could, 

proceed to vote. Mr. BLACKBUR..V. That is all right. I hope the gentleman from New York [Mr. 

Cox] will agree to it. 

Mr. Cox. After a. very hurried conference with my friends around me, I will sa.y that if the gentleman from Connecticut [Mr. HAWLEY) has the consent of his. side of the House to make that proposition, I think there will be no objection here. 

Mr. CONGER (during the reading) said: Mr .. Speaker, I ask the 

Clerk to suspend the reading for a moment. This goes to the point 

that the Chair has spoken of about the condition of the proposition 

before the House. I desire that the Speaker may hear it. 

The SPEAKER. The Chair has read it several times and will 

listen. · 

The Clerk resumed and concluded the reading. 

Mr. KEIFER. Now, it will be observed, Mr. Speaker, that the 

whole proceeding was merely a proposition made on the one side and 

accepted on the other that we should try through an informal con- ference to agree upon some method of disposing of that bill. It was expressly understood that we were to take a recess for the purpose 

of preserving the rights of those who favored the bill and maintaining the operation of the previous question. All the time from that 

time to this any person might have insisted upon this bill coming up as the unfinished business; and that being done, I submit it is too. late to undertake to raise a question of consideration against it. II we undertake to ingraft upon our pra-ctice under the previous question this new policy of raising a question of consideration, we largely,, if not entirely, destroy the effect and operation of tho previous question. 

Mr. CARLISLE. Mr. Speaker, it seems to me that the third clause 

of Rule XVI, which has been read by the Clerk, recognizes to the- broadest extent the right of a member on this floor to raise the question of consideration when any motion or proposition is ma{}e before 

the Honse; and that it makes no difference in that respect that the 

previous question has already been ordered upon the proposition or motion. lt is time, as stated by the gentleman from Ohio, [Mr. 

KEIFER,] that when the motion or proposition upon whlch the previous question has been ordered bas been taken up in the House, then 

it enjoys certain privileges, by reason of the operation of the previous.. 

question, which it would not have enjoyed otherwise. But that does. 

not meet the question now presented. The bill to apportion representation in this Honse is not now before the House for its action, but 

there is merely pending before the Honse amotion to take it up. 

Now, I ask, what operation has the previous question upon that. motion ~ If the bill were in fact up and under consideration, then 

under the rule which the gentleman from Ohio has caused to be read 

at the Clerk's desk, certain motions only could be made. But, sir, iX 

this bill enjoys as to this motion any privilege by reason of the previous question having been ordered which it would not enjoy other-· wise, then I submit to the ~:tentleman that such privilege was the 

• 
. ,. 

1881 . CONGR~SSIONAL RECORD-HOUSE. 2237 

. privilege to have it taken up as the sundry civil appropriation bill was taken up this morning before the call of States and Territories, 

.and before the call of committees for theirreports. Why was it that 

'the sundry civil appropriation bill upon which the previous question was operating wa& taken up this morning before the morning hour, 

>before the call of the States and Territories, and immediately after 

the reading of the Journal Y It was the fact that the previous ques1tion was operating upon it that gave it that privilege. if it gave it .any. But no one asked that this bill be taken up before the morning 

h our; and if therefore it ever had any such privilege as the gentle- man contends for, it was a privilege which belonged to it· at that 

'Btage of the proceedings and does not belong to it now. Mr. HASKELL. On this question I desire to read from the Digest, 

page 254 : • 

When an:y motion or proposition is made the question, Will the House now con- ·siderit' shall not be put unless demanded by a member. Rule XVI, clause 3. And 

it is competent for a member to rais~ the question of consideration upon a report, -even though a question of privilege is involved in the report. 

That is all clear. 

But after a. question has been stated and its discussion commenced, it is too late ·to raise the question of consideration. 

The SPEAKER. There is no controversy about that. 

Mr. HASKELL. Now, I read further in regard to "unfinished 

business:" 

The question of eonsideration is not precluded by any affirmative vote on a mo- -tion to adjourn. The "unfinished business" pending at the time of adjournment is 

' till subject to tb.e question of " consideration." 

Of course; but mark the language which follows: 

The motion to :adjourn preclutling it on the previous day . 

That is to say, if you have tho right to raise the question of con- sideration and some member moves to adjourn, the adjournment does 

not preclude the question of consideration on a subsequent day. But 

the question of consideration is not raised here under such circum-

-stances. 

Now stop and think for a moment. You never raise the question 

of consideration except on the thresbold of the transaction of business; you never raise it except when you have pew business coming 

before the House. But here you come in after the question has been 

before the House, when you have lost your right to raise the question of consideration. You have discussed the bill; the main question has been ordered; you have adjourned pending the order of the 

House that yon shall vote when you act again upon the question. 

Clause 3ofRnleXVI which the gentlemanfromKentuckyhadread 

is simply a proposition relating to the very introduction of business; 

but when the previous question has been ordered, it is th., solemn 

verdict ·of this House that you shall vote on the question without (lebate. Certainly no man upon this floor, if he will think a moment, 

will assert the proposition that when in the regular order of business 

unfinished business has come up, unfinished business upon which ·this 

Honse has ordered a vote, yon can raisA the question of consideration 

without a reconsideration of the vote ordering the main question or without a suspension of the rules. . · Here to-day we have reached by successive stages under the regular 

order of business that point when t he unfinished business comes up. 

If you want to get rid of it, suspend the rules; otherwise you are held 

to it. If you are held to it, then you meet the next order of the Honse 

which says that you shall vote upon it. If you suspend the rules 

to get the unfinished business out of the way, then your rule says 

that- • 

Unfinished business having been dispo ed of, it shall be in order to entertain a otion that the House do now pr~ceed to the business on the Speaker's table. 

""The proposition is just as logical, just as clear as any proposition in 

t he book. You came here to-day ; you read the Journal; yon had 

the morning hour, (a motion to suspend that order having failed;) 

yon have now come up to the unfinished business; and you must sus- pend the rules to get rid of the unfinished business, otherwise it -comes up; and if it comes np, it comes up under the operation of 

the previous question. 

And will the gentleman from Kentucky argue upon this floor under .a rule made to govern the introduction of business that a question of ·consideration at the threshold is superior to the solemn verdict of 

this House under the previous question 'f 

Mr. CARLISLE. Will the gentleman answer me-- Mr. HASKELL. The gentleman from Kentucky will find that decision rising to plague him for many a day hereafteri and so, I fear, 

will the Chair if he holds to reasoning which is abso utely inadmis- ·aible under any body of parliamentary law ever practiced in the w orld. 

Mr. CARLISLE. Does the gentleman from Kansas mean to say 

that after business has been once introduced into this Honse that the ·question of consideration can never thereafter be raised auainst it! 

Mr. HASKELL. I did not say that. o 

Mr. PRICE. I will answer the gentleman from Kentucky. 

Mr. HASKELL. I will readfrompage2541 andyoucanconstrueit. 

Mr. PRICE. Will the gentleman yield to me for a moment f . Mr. HASKELL. Let the House construe this language-! only read •Jt: 

But after a question has been stated and its discussion commenced it is too late 

"to raise the-question of consideration. ' 

There is your Journal, there is your Digest, there is your law. You 

construe it • Mr. PRICE. In addition to that, Mr. Speaker, I wish to call attention to this language contained in Rule XVII, and I think it will settle it in the mind of every gentleman who will look at it fairly : 

It shall be in order, pending the motion for or after the previous question shall 

have been ordered on its passageWhat shall be in orded 

It shall be in order * * * for the Speaker to entertain and submit a motion to commit, with or without instructions, to a. standing or select committee ; and a motion to lay upon the table shall be in order on the second and third reading of a bill. 

If that language means anything it means it shall not be in order 

for the Speaker even to entertain any motion except the motions 

which are specified. If it does not mean that, then the English language does not mean anything. I appeal to the Committee on Rules, 

who made the rules, whether it does not mean that. It shall be in 

order after t he question is called to submit two questions; it follows as a consequence that it shall not be in order to submit any other 

than the two specified. 

In reference to the Speaker's declaration that a day hatl intervened, 

I put his own language to him in that respect, because a good many 

days had intervened when the gentleman from New York put that 

question to the Speaker to know whether the previous question had 

lost its power. The Speaker replied by Raying that of course it re- tains its force and effect. . Strong and nervous language. So that if a day or week or month 

had intervened the Speaker was then of opinion the previous question had not lost its force and effect. 

Mr. ROBESON obtained the floor. 

Mr. KEIFER. I hope the gentleman will yield to me to read a paragraph. 

Mr. ROBESON. Certainly. 

Mr. KEIFER. I find by looking on page 324 of the Digest this 

proposition is laid down : After the previous question has been sec- onded on the pending proposition it is not then in order to entertain a motion to go into the Committee of the Whole. Now, if the question of consideration can be raised against the bill after the previous 

question bas been ordered, then we could go into the Committee of 

the Whole afterward if we voted not to take up the measure. We 

must execute the order of the Honse, in my judgment. 

Mr. ROBESON. I understand that for the purpose of this discussion my friend from Kentucky treats this as unfinished business; that 

he ·has raised this question of consideration, admitting the apportionment bill is unfinished business, and not raising that question at 

all. Now, then, if it be unfinished, it comes over to be taken up un- der the rules when unfinished business is in order. When is unfinished business in order 'I "After an hour shall have been devoted to 

reports from committees "-that is now-'' it shall be in order to pro-. 

ceed to the consideration of unfinished bnsiness in which this House 

may have been engaged at the time of adjournment; and it shall be 

in order to proceed to the consideration of all other unfinished busi- ness whenever the class of ·business to which it belongs is in order," 

that is, whenever public unfinished business is in order. Now, if this comes up as unfinished business under that rule-and it must come up as unfinished business under that rule unless that rule is suspended, and that rule cannot be suspended without a motion to suspend 

it and a two-thirds vote-if it comes up as unfinished how does it come up f It comes up in exactly the position in which we left it 

unfinished. 

Mr. CARLISLE. It does not come up. It is the rule which he 

has read which says it shall be in order to move to proceed to it, and 

when he moves to proceed to it that raises the question of consideration. 

Mr. ROBESON. The gentleman says it comes up ao;; nnfinished 

business. It comes up in order. How does it come up in orderf It comes up in order in just that condition in relation to the rules as we left it when we left it unfinished. What was the condition we left it 

it;t when we left it unfinished 7 We left it with the previous qnestlOn ordered. Now, then, the rule says after the previous question 

is ?rdered he can raise the question of consideration, because, by the 

third clause of the sixteenth rule, when any motion or proposition 

is made, the question, Will the House consider it f may be raised. I 

say that it cannot be; for the House has already settled that question 

by determining by the previous question that it would now consider 

it. What is Rule XVII Y 

There shall be a motion for the previous question, which, being ordered by a majority of the members present, if a quorum, shall have the effectWhat effect Y 

to cut off all debate andWhat! I 

And bring the Honse to a direct vote upon the immediate question. 

Is a question of consideration then-after the Honse has decided 

that, including the question of consideration with everything el.seis that in order, or has it been decided already f How can it be raised 

under these circumstances? It is subject of course to certain dilatory motions, provided in the rule, and to this, and this only, is it subject. Now, gentlemen, we are considering these rules without 1egard to 
2238 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28,. 

any particular question or any particular policy for either side of the 

House, and I ask any fair man if he can escape from the inexorable 

logic of that position. 

Mr. CONVERSE. Mr. Speaker, I desire to make an inquiry of the 

Chair. I understand the apportionment bill came here on Saturday 

morning as unfinished business; that we left it on Friday night as untransacted business, and in that condition it remained all day Saturday. That day, after the expiration of the morning hour, when a motion could have been made to proceed to the consideration of the 

unfinished business, it could have been brought up. But that time was passed, a.s it was passed this morning, and a motion was made to 

take up the river and harbor bill instead. Action was had upon that 

bill after the expiration of the morning hour, and after the unfinished 

bGSiness could have been brought up. Now, the inquiry I desire to 

make is whether it is not too late to make the question of unfinished 

business as being now in order to the exclusion of the motion presented by the gentleman from Virginia, having already passed the 

point to-day as we did on Saturday in which the question of unfinished business could have been presented Y 

The SPEAKER. The Chair desires to state in response to the inquiry of the gentleman from Ohio that it is the inherent right in 

every legislative body that the majority shall regulate its course of 

proceeding in reference to the transa-ction of business. 

Mr. ROBESON. According to role. 

The SPEAKER. And every rule of every legislative body, so far as the Chair is ad vised, conforms to that feature as illustrative of the 

power of the majority to control its proceedings. 

Now, in reference to this ·case the Chair. recognizes, and it is not 

disputed, that it has the semblance of unfinished business and that 

t.he main question was ordered upon it. The binding feature of the 

previous question should have operated immediately upon reassem- bling after the adjournment. But at any time the motion is in order 

to test whether the House will proceed to consider the unfinished 

business; and the Chair recognizes that as the substance of the effort 

made by the gentleman from Kentucky. 

There cannot be a doubt bot that the House in its inherent right, 

and the right under the very rules that govern it, has power to say 

whether it will consider unfinished business. And that right of con- sideration cannot be interfered with or interrupted. 

The Chair begs to read from the Manual: 

The question of consideration is not precluded by an affirmative vote on a mo· tion to adjourn. The "unfinished business" pending at the time of adjournment is still subject to the question of consideration, the motion to adjourn precluding it on the previoua day. 

That is a. decision of the House in the second session, Forty-fourth 

Congress. 

Mr. REED. Will the Speaker allow me to read the subject-matter or actual authority out of which that question arose, and which differs from the interpretation of the Speaker 'f 

Mr. SPRINGER. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. SPRINGER. I wish to know if the Ohair has decided the point 

of order. 

The SPEAKER. The Chair has decided the question and an appeal 

has been taken from it. 

Mr. COX. I 'move to lay the appeal upon the table. 

The SPEAKER. That motion has already been made by the gentleman from West Virginia, [Mr. WILSON.] 

Mr. REED. I want to ask a question in this connection, and I 

desire to read the decision to which the Speaker has referred. 

It seems that on the 17th day of January, 1877, a. certain proposition was mado to the House for consideration. As soon as it was read, a motion to adjourn prevailed. The next day the same proposition came up, and Mr. Wilson, of Iowa, stated that he had intended 

the day before to raise the question of consideration, but being precluded on that day by the adjournment he raised it on the 18th, and 

that is the authority for this decision and all the authority that exists. 

The SPEAKER. That is in many particulars the same as the present case on which the question of consideration is raised. 

Mr. REED. Not at all; there bad been no discussion at all upon 

t hat proposition on t he 17th. 

The SPEAKER. The Chair desires to say further, that any other 

decision than the one made and the interpretation given would prevent the consideration of any business that reached the Speaker's 

t able ; such husiness, for instance as appropriation bills when re- turned from the Senate by which tho Government is sustained from 

year to year. And it would lead to consequences, serious perhaps, so serious oftentimes that they might involve the needless calling of an extra. session of Congress. 

Mr. FRYE. But what is the previous question :for if it is not to 

bring a. thing to a vote T It cuts off all amendments; it cuts off all 

discussion ; how it can stand in the way of business I fail to see. Mr. WARNER. That is what it is for-to cut off debate and amendments. 

Mr. FRYE. And to bring the Honse to a vote. 

Mr. WARNER. Not necessarily. 

Mr. SPRINGER. I move to lay the appeal on tho tab!e. _ Mr. COX. The motion to Jay on the t able is already pending, havmg lleen made by the gentleman f.com West Virginia, [Mr. WILSON.] 

Tho SPEAKER. The Chair has allowed discussion on the appeal. 

Mr. COX. I renewed it; and I object to time being wasted. 

Mr. ROBESON. I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. [Cries of "Vote!'" 

"Vote!"] 

Mr. ROBESON. We have been discussing au appeal from the Speaker's decision, and. the Speaker himself baa done us the honor to participate in that discussion. Now, he said--

Mr. COX. That is no parliamentary inquiry. 

Mr. ROBESON. I had risen to a parliamentary question. TheSpeaker stated in that discussion that the majority of this House con- trolled its proceedings. Now, I desire to ask him whether a majority 

of this House controls the proceedings of the House against its rules t 

The SPEAKER. On the contrary, the Chair said that the rules of 

the House conformed thereto. The gentleman from West Virginia 

[Mr. WILSON] moves to lay on the table the appeal from the decision 

of the Chair. Upon that question the Chair will appoint tellers, as- it is not his desire to count. The Chair appoints the gentleman from 

Kentucky [Mr. CARLISLE] and the gentleman from Ohio, [Mr. KEI-- FER.] 

Mr. FRYE. We may as well save the trouble of voting by t.ellers 

and have the yeas and nays. I call for the yeas and nays. 

The yeas and nays were ordered, more than sixty members voting- therefor. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. BURCH, its Secretary, informed 

the House that the Senate insisted on its amendments disagreed to. 

by the Hoose of Representatives to the bill (H. R. No. 7104) making 

appropriations for the construction, completion, repair, and preservation of certain works on rivers and harbors, and for other purposes,. agreed to the conference asked for by the House on the disagreeing 

votes of the two Houses, and had appointed Mr. RANsoM, Mr. 

FARLEY, and .Mr. McMILLAN, as the conferees on the part of the 

Senate. lli"'UtOLLED BILLS SIGNED. 

Mr. THOMPSON, of Iowa, from the Committee on Enrolled Bills, reported that the committee had examined and found trnly enrolled 

bills and a joint resolution of the following titles; when the Speakersigned the same : _ A bill (H. R. No. 4002) for the relief of the estate of J. M. Micoo, 

deceased; 

A bill (H. R. No. 4646) for the relief of the heirs of Cornelius Boyle ;. 

A bill (H. R. No. 6023) to authorize the Secretary of the Treasury 

to change the names of vessels under certain circumstances; 

A bill (H. R. No. 6545) to amend section 3524 of the Revised Statutes so as to authorize a charge for melting or refining bullion when 

at or above standard ; 

A bill (H. R. No. 1197) for the relief of settlers upon the absentee 

Shawnee lands in Kansas, and for other purposes; 

A bill (H. R. No. 1996) for the relief of W. A. Reid; 

A bill (H. R. No. 20~8) for the relief of the heirs of Edward B. Clark ;: 

A bill (H. R. No. 2844) for the relief of James E. Montell; and 

Joint resolution (H. R. No. 401) in relation to the barge W. J. Spicer. Mr. WARD, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: A bill (H. R. No. 346) for the relief of W. H. Thompson ; 

A bill (H. R. No. 375) for the relief of Philemon B. Hawkins; and 

A bill (H. R. No. 6717) for the allowance of certain claims reported 

by the accounting officers of the United States Treasury Department. 

Mr. ALDRICH, of Illinois, from the Committee on Enrolled Bills, 

reported that the committee had examined and found truly enrolled 

bills of the following titles; when the Speaker signed the same : A bill (H. R. No. 3788) granting an increase of pension to William 

Hamill; and 

A bill (H. R. No. i972) making appropriations for the service ot· the Post-Office Department for the fiscal year ending June 30, 1882, and for other purposes. ORDER OF BUSINESS. 

The question was taken on the motion. to lay on the table the ap- peal from the decision of the Chair; and there were-yeas 121, nays. 93, not voting 76 ; as follows : 

Aoklen, 

.Armfield. 

Atherton, 

Atkins, 

Bachman, 

Bel tzhoover, 

Berry, Bicknell, Blackburn, 

Blount, 

Bouck, 

Bragg, Brigllt, 

Buckner, Cabell, 

Caldwell. 

Carlisle. Chalmers, 

Clardy, 

Clark, Alvah A. 

Clark, John B. 

YEAS-121. 

Clements, Ford, 

Clymer, Forney, Cobb, Frost, 

Coffroth, Geddes, 

Colerick, Gibson, 

Converse, Gillette, 

Cook, Goode, 

Cox, Hammond, N. J. 

Cravens, Harris, John T. 

Culberson, Hatcll, 

Davidson, Henkle, Davis, Lowndes H. Herbert, 

De La Matyr, Herndon, 

Deuster, Hill, 

Dibrell, Hooker, 

Dickey, . Hostetler, Dunn, House, 

Elam, Hunt.on, 

Evins, Hurd, 

Felton, Johnston, Finley, Jones, 

Kenna, 

Kimmel, 

Kitchin, 

Klotz, 

Knott, 

Ladd, 

LeFevre, 

Lowe, 

Manning, 

Martin, Benj. F •. McKenzie, 

McMahon, 

McMillin, 

Mills. 

Morrison, 

Muldrow, 

Myers, 

New, 

Mcholls, 

Persons, 

Philips, 
1881. CONGRESSIONAL RECORD-HOUSE. 2239 

Poehler, 

Reagan, 

Riclimond, 

Robertson, 

Rothwell, 

Russell, Daniel L. 

Samford, 

Sawyer, 

Scales. _ Scoville, 

Aldrich, N. W. 

.Aldrich, William 

Anderson, 

Bailey, 

Baker, 

:Ballou, 

:Barbor, 

:Bayno, 

Bingham, 

Bisbee, 

Blake, 

:Bownuw., 

Brewer 

Briggs, 

Brigham, 

:Browne, 

llurrows 

Butterworth, 

Cannon, 

Carpenter, 

g:n, 

Conge~. 

Cowgill, 

Aiken, 

Barlow, 

Beale, 

Belford, 

Bland, 

Bliss 

Boy;¥, 

Cal:klns, 

Camp, 

Chittenden, 

Covert, 

Daggett, 

Davis, Horace 

Davis, Joseph J. 

Dwight, 

Einstein, 

Ewing, 

Forsythe, 

Fort, 

So the appeal 

table. , 

Shelley, 

Simonton, 

Singleton, J. W. 

Smith, Hezekiah B. 

Smith, William E. 

Sparks, 

Speer, 

Springer, 

Stevenson, 

Taylor Robert; L. 

Tillman, 

Tucker, , Turner, Oscar 

Turner, Thomas 

Upson, 

Vance, 

Waddill, 

Warner, 

'Vea.ver, 

Wellborn, 

NAYS-!J3. 

Crapo, Joyce, Crowley, Keifer, 

Davis, George R. Kelley, Deering, Ketcham, 

Dick, Lapham, 

Dunnell, Lindsey, Ellis, Marsh, 

Errett, llcCoid, 

Ferdon, McCook. 

Fisher, McKinley, 

Frye, Miles, 

Godshalk, Morton, 

Hammond, John Newberry, Harris, Benj. W. Norcross, 

Haskell, O'Neill, 

Hawk, Osmer, 

Hawley, Overton, 

Hazelton, Pa~e, 

Heilman, Pnce, 

Hiscock, llRe;.aey!. Horr, u, Hubbell, Rice, 

Humphrey, P..icharclson, D.P. 

Jorgensen, Robinson, 

NOT VOTING-76. 

Wells, 

Whiteaker, 

Williams, Thomas 

Willis, 

Wise, 

Wright, 

Yocum. 

Sapp, 

ShaJ.lenberger, 

Sherwin, 

Smith, A. Herr 

Starin, 

Thomas, 

Thompson, W. G. 

Townsend, Amos 

Tyler, 

tJpdegratt:J. T. 

U pdegra.£1; Thomas 

Valentine, 

V a.n Aernam, 

Voorhis, 

Ward 

Washburn, 

Wilber, 

Williams, C. G. 

Willits, 

Wood, 

Young, Thomas L. 

Gunter, Money, Ryan, Thomas 

Hall, Monroe, Ryon,John W. 

Harmer, Morse, Singleton, 0. R. 

Hayes, Muller, Slemons, 

Henderson, Murch, Steele, 

Henry, Neal, Stephens, Hook, 0' J:sr:ien, Stone, 

Hutchins, O'Connor, Talbott, 

James, O'Reilly, Taylor, EzraB. 

Killinger, Orth, Thompson, P. B. 

King, Pacheco, Townshend, R. W. 

Loring, Phelps, Urner, 

Lounsbery, Phister, Van Voorhis, 

Martin, Edward L. Pound, Wait, 

Mnso:a, Prescott, White 

McGQwan, Richardson, J. S. Whitthome, 

McLane, Robeson, Wilson, 

Miller, P..oss, Yeates, 

Mitchell, Russell, W . .A. Young, Casey. 

from the decision of the Chair~ was laid upon the 

After the second roll-call, 

1\Ir. WILSON said : I did not hear my name called on the second 

roll-calL I stood here waiting for it to be called. Mr. WILBER's name was called, but not mine. 

The SPEAKER. The Chair cannot direct the gentleman's vote to 

be received. The Chair heard the ~entleman's name called. 

Mr. WILSON. On the first roll-call, but not on the second. 

The SPEAKER. The gentleman's name is sufficiently on the 

record, the vote being on his motion to lay the appeal on the table. 

Mr. TUCKER. I move to diSpense with the reading of the names. Mr. REED. I object. 

The Clerk proceeded to read the names of those who had voted. 

The following additional pairs were announced: 

Mr. STEPHENS with Mr. DWIGHT. If Mr. STEPHENS were present, 

Mr. DWIGHT would v-ote "no." 

1\fr. ROBESON with Mr. MCLANE, for this day. 

Mr. PACHECO with Mr. YEATES, until to-morrow morning, each 

reserving the 1·ight to vote to make a quorum. 

Mr. RYAN, of Kansas, with Mr. SLEMONs, on allpoliticalquestions, 

for this day. 

Mr. WmTIHOR~"E with Mr. HARl\mR, until further notice. 

Mr. Br.AND with Mr. DAVIS, of California, on all questions, for the 

remainder of to-day's session. · 

Mr. FORSYTHE with Mr. RICHARDSON, of South Carolinia, on the 

funding bill, for the balance of this legislative day, Mr. RICHARDSON 

reserving the right to vote if it be necessary to make a quorum. If 

Mr. FORSYTHE were present, Mr. RICHARDSON would vote "ay." 

Mr. BoYD with Mr. STEELE, for the balance of this day. 

Mr. AIKEN with Mr. McGowAN, for the remainder of this day; 

Mr. AIKEN to be allowed to vote to make a quorum. 

Mr. PmsTER with Mr. CAMP, for two hours; Mr. CAMP reserving 

the right to vote on all votes to call the yeas and nays, and to make a quorum. 

Mr. BEALE with Mr. WAIT, upon all yea-and-nay votes after six 

o'clock to-day. 

Mr. TALBO'IT with Mr. URNER, on all political questions; Mr. TALBO'IT resenring the right to vote to make a quorum. 

Mr. BLISs with Mr. BELFORD, for the rest of the day. 

Mr. HAYES with Mr. KING, for the remainder of the day, but not 

to break a quorum. 

Mr. RussELL of Massachusetts, with 1\Ir. SPRINGER, on this vote. 

The result of the vote was anno-.;tnced as above stated. 

1\-Ir. CONGER. I move that the Honse now take a recess untiloight 

o'clock this evening, to meet for the memorial services of Mr. FEI'-

NANDO WooD, late a member of this Honse. 

The SPEAKER. The gentleman from Michigan moves that the 

House take a recess until eight o'clock. 

Mr. TUCKER. I rise to a parliamentary inquiry. As I understand 

the question before the Honse prior to the motion of the gentleman 

from Michigan [Mr. CoNGER] is, Shall the apportionment bill be con- sidered J Is it not 'f 

The SPEAKER. Pending that question, the gentleman from Michigan moves to take a recess. Mr. TUCKER. The question of consideration is raised by the gentleman on the other side f , Mr. KEIFER. No, sir; by the gentleman from Kentucky, [Mr. 

CARLISLE.] 

Mr. TUCKER. The gentleman from Kentucky raised the point 

against the consideration, but the motion to consider comes from 

your side. The gentleman from Ohio [Mr. KEIFER] and his friends are anxious now to consider the bill to prevent the consideration of 

which they filibustered a day and a night. 

!lr. CONGER. I call for the regular order, which I believe is my 

motion. 

The question being taken on the motion of 1\Ir. CONGER for a recess, 

there were-ayes 81, noes 92. 

Mr. CONGER and Mr. WIDTE called for the yeas and nays. 

The yeas and nays were ordered. 

Mr. CONGER. I want it to be understood the motion is that the 

Honse take a recess until eight o'clock, to meet then for the memorial 

services of Mr. FERNANDO WooD, late· a member of the Honse. 

The SPEAKER. The form of the motion as recognized by the rules 

is for a recess. The gentleman can state for information what is his 

object. • Mr. CONGER. That is the object of my motion. 

The SPEAKER. The Chair did not repeat that part of the gentleman's statement, because it is not a part of the motion. 

Mr. CONGER. I was afraid the proposition was not understood by 

gentlemen on the other side. 

The question was taken; and there were-yeas 81, nays 104, not 

voting 105; as follows : 

Aldrich, N. W. 

Aldrich, William 

Bailey, 

.Baker, 

Ballou, 

Bayne, 

Bingham, 

Bisbee, 

Blake, 

Bowman, 

Brewer, 

Browne, 

Burrows, 

Butterworth, 

Cannon, 

Carpenter, 

Caswell, 

Claflin, 

Conger, 

Covert, 

Cowgill, 

AcklenJ 

Armfield, 

Atkins, 

Bachman, 

Beltzhoover, 

Berry, 

Blackburn, 

Blount, 

Bouck, 

Bragg, 

Bri rot, Bu~er, Cabell, 

Caldwell, 

Carlisle, 

Chalmers, 

Clardy, 

Clark, John B. 

Clements, 

Clymer, 

Cobb, 

Coffroth, 

Col erick. 

Converse, 

Cook, 

Cox, . 

Aiken, 

Anderson, 

Atherton, 

Barber, 

Barlow, 

Beale, 

Belford, 

Bicknell, 

Bland, 

Bliss, 

Boyd, 

Bnggs, 

YEAS-81. 

Crapo, 

Crowley, 

Davis, George R. 

DeLaMatyr, 

Dick, 

Dunnell, 

Felton, 

Fisher, 

Fort, 

GQdshalk, 

Hall, 

Hammond, John 

Harris, Benj. W. 

Hawk, 

Hawley, 

Hawlton, 

Heilman, 

Hiscock, 

Horr, 

Hubbell, 

Humphrey, 

.T orgensen, 

Joyce, 

Keifer, 

Ketcham, 

Lapham, 

McCoid, 

McCook, 

Miles, 

Miller, 

Monroe, 

Morton, 

Newberry, 

Norcross, 

O'Neill, 

Osmer, 

Overton, 

Prescott, 

Price, 

Ray, 

Reed, 

Richardson, D. P. 

NAYS-104. 

Cravens, 

Culberson, 

Davis, Lowndes H. 

Deuster, 

Dibrell, 

Dunn, 

Elam, 

Ellis, 

Evins, 

Forney, 

Frost, 

Geddes, 

Gibson, 

Gillette, 

Goode, 

Gunter, 

Hammond, N.J. 

Harris, John ~·. 

Hatch, 

Henkle, 

Herbert, 

Herndon, 

Hill, 

Hooker, 

Hostetler, 

Honse, 

Hunton, 

Hurd, 

Jones, 

Kelley, 

Kenna, 

Kimmel, 

Kitchin 

Klotz, ' 

Ladd, 

LeFevre, 

Lowe, 

.Manning, 

Martin, .Benj. F. 

McKenzie, 

McMahon, 

McMillin, 

Mills. 

Morrison, 

Muldrow, 

New, 

Persons, 

Poehler, 

Reagan, 

Richmond, 

Robertson, 

Samford, 

NOT VOTING-105. 

Brigham, Einstein, 

Calkins, Errett, 

Camp, Ewing, Chittenden, Ferdon, 

Clark, Alvah A. Finley, Daggett, Ford, 

Davidson, Forsythe, Davis, Horace Frye, Davis, .Joseph J. Harmer, 

Deering, Haskell, 

Dickey, Hayes, Dwight, Henderson, 

Russell, W.A. 

Shallenberger, 

Sherwin, 

Smith, A. Herr 

Speer, 

Starin, 

Thomas, 

Thompson, W. G. 

Townsend, Amos 

Tyler, 

Updegraff, J. T. 

Updegraff, Thomas 

Van Aernam, 

Voorhis, 

Washburn, 

White 

Wilbe~-., 

Wood. 

Sawyer, 

Scales, 

Scoville, 

Shelley, 

Simonton, 

Singleton, J. W. 

Smith, William E. 

Sparks, 

Springer, 

Stevenson, 

T~ylor, Robert L. 

Tillman, 

Tucker, 

Turner, Oscar 

Upson, 

Vance, 

Waddill, 

Warner, 

Weaver, 

Wellborn, 

Wells, 

Whiteaker, 

Williams, Thomas 

Willis, 

Wilson, 

Wise. 

Henry, 

Hook, 

Hutchins, 

James, 

Johnston, 

Killinger, 

King, 

Knott, 

Lindsey, 

Loring, 

Lounsbery, 

Marsh. 
\ 

I 

2240 CONGRESSIONAL RECORD-HOUSE. FEBRUAR:Y _28; 

Martin, Edward L. O'Reilly, Ryan, Thomas Valentine, 

Mason, Orth, Ryon, .John "\V. Van Voorhis, 

:McGowan, Pacheco, Sapp, Wait, 

:McKinley, Page, Singleton, 0. R. Ward, 

:McLane, Phelps, Slemons, Whitthorne, 

Mitchell, Philips, Smith, Hezekiah B. Williams, C. G. 

Money, Phister, Steele, Willits, 

Morse, Pound, Stephens, Wright, Muller, Rice, Stone, Yeates, 

Murch, Richardson, .J. S. Talbott, · Yocum, 

Myers, Robeson, Taylor, Ezra B. Young, Casey Neal, Robinson, Thompson, P. B. Young, Thomas L. Nicholls, Ross, Townshend, R. W. •O'Brien, Rothwell, Turner, Thomas 

.O'Connor, Russell, DanielL. Urner, 

So the motion of Mr. CONGER for a recess was not agreed to. 

The following additional pairs were announced: 

J\Ii. CLARK, of Missouri, with Mr. JOYCE, for the remainder of the 

day. · Mr. MARSH with Mr. DICKEY, for the remainder of this day. 

Mr. KENNA with Mr. WARD, for the remainder of this day, except 

when necessary to make a quorum. 

Mr. HAsKELL with Mr. PHILIPs, on all questions until seven o'clock .;p. m. to-day. 

Mr. JOHNSTON with Mr. ANDERSON, for to-day. 

Mr. SINGLETON, of Illinois, with Mr. Mn..Es, until to-morrow. 

Mr. Ross with Mr. WILLIAMS, of Wisconsin. ,Mr. ROBINSON with Mr. KNOTT, for the rest of the day. 

.:Mr. RICE with Mr. NICHOLLS, until seven o'clock p. m. Mr. DAVIDSON with Mr. BRIGGS, until Tuesday morning. 

Mr. C~o with Mr. GmsoN, for this day, except to make a •quorum. 

The result of the vote was announced as above stated. 

Mr. CONGER. I move to reconsider the Tote by which the House 

refused to take a recess. Mr. COOK, Mr. MILLS, and others. · How did the gentleman vote 'f 

Mr . .CONGER. The names have not been read. The House does 

not know. 

The SPEAKER. The record is here. 

Mr. SPRINGER. I desire to raise a question as to whether a mo- tion can be made to reconsider a vote on taking a recess. The SPEAKER. The Clerk will read from Role ~VIII. 

The Clerk ·read as follows : 

RECONSIDERATION. 

When a motion bas been made and carried or lost it shall be in order for any ·member of the majority, on the same or succeeding (lay, to move for the reconsid- ·eration thereof, and such motion shall take precedence of all other questions except the consideration of a conference report, a motion to fix tbedayto which the House 

shall adjourn, to adjourn, or to take a recess, and shall not be withdrawn after the 

said succeeding day without the consent of the House, and therefore any member 

may call it up for consideration : Provided, That such motion if made during the 

last six days of a session shall be disposed of when made. 

The SPEAKER. The Chair finds that the gentleman from 1\Iichi- _gan [Mr. CONGER] did not vote on the prevailing side. 

Mr. CONGER. I call for the reading of the record. 

The SPEAKER. It has been read once. Mr. CONGER. I understood that the record had been sent to the 

Printer, and could not be obtained. 

The SPEAKER. The record is here. 

Mr. CONdER. I withdraw my motion l.o reconsider, ~nd move that ·the House do now a.ojourn. I make this motion because the House :has refused to take a recess for the funeral obsequies of Mr. 'VooD. 

The .question being taken on the motion to adjourn, there were- .ayes 35, noes 61. 

Mr. CONGER. . I call for the ,Yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 12, nays 117, not ·voting 161; as follows: 

Burrows, 

.Cox, 

Fisher, 

_Acklen, 

Aldrich, William 

Armfield, 

..Atherton, 

Atkins, 

Bailey, 

Baker, 

Barber, 

:Belt.zboover, 

:Berry, 

-:Bisbee, 

Blackburn, 

Blake, 

Blount, 

Bouck, 

Bragg, 

Browne, 

Butterworth, 

·.Cabell, 

Cannon, 

·Carlisle, 

Carpenter, 

Chalmers, 

.-Qlafiin, 

.Clardy, 

.Clymer, 

YEAS-12. 

Hall, 

Hammonll, .John 

Hiscock, 

Horr, 

Humphrey, Ketcham, 

.NAYS-117. 

Cobb, 

Coffrotb, 

Colerick, 

Conger, 

Converse, 

Cook, 

Crapo, 

Cravens, 

Culberson, 

DeLaMatyr, 

Dibrell, 

Elam, 

Ellis 

For~ 

Forney, 

Frost, 

Frye, 

Geddes, 

Goode, 

Gunter, 

Hammond, N . .T. 

Harris, .John T. 

Hatch, 

Hawk, 

l!enlde, 

lierbert, . 

Herndon, Hill 

Hooker, 

Hostetler, House, 

Hubbell, 

Hunton, 

.Jorgensen, Kelley, 

Kenna, 

Kimmel, 

Kitchin, 

Lapham, 

LeFevre, 

Lounsbery, 

Lowe, 

Marsh, McCoid, 

McKinley, 

McMahon, 

McMillin, 

Milla. 

Morrison, 

Morto:a, 

New, 

Norcross, 

Osmer, 

Russell, W. A. 

White. 

O'Neill, 

Persons, 

Philips, 

Poehler, 

Prescott, 

Price, 

Ray, 

Reagan, 

Richardson, D.P. 

Richmond, 

Robertson, 

Ryon, .John W. 

Samford, 

Sawyer, 

Scales, 

Scoville, 

Shallenberger, 

Shelley, 

Sherwin, 

Simonton, 

Springer, 

Stevenson, 

Thomas, 

Tillman, 

Townsend, Amos 

Tucker, 

Turner, Oscar 

Upson. 

Valentine, 

VanAernam, 

Vance, Wilber, Yocum. 

Waddill, Williams, Thomas 

Wellborn, Willis, 

Whiteaker, Wilson, 

NOT VOTING-161. 

Aiken, Dunn, :Martin, EdwardL. 

...Udricb,N. W. Dunnell, Mason, · Anderson, Dwight, McCook, 

Bachman, Einstein, McG1>wan, 

Ballou, Errett, McKenzie, 

Barlow, Evins, McLane, 

BaJlle, Ewing, Miles, 

Beale, Felten, Miller, 

Belf01·d, Ferdon Mitchell, Bicknell, Finley, Money, Bingham, Forsythe, Monroe, 

Bland, Fort, Morae, 

Bliss, Gibson, Muldrow, 

Bowman, Gillette, Muller, 

Boyd, Godshalk, Murch, 

Brewer, Harmer Myers, Briggs, Harris, Bcnj. W. Neal, 

Brigliam, Haskell, Newberry, Bright, Hawley, Nicholls, 

Buckner, Hayes, O'Brien, 

Caldwell, Hazelton, O'Connor, 

Calkins, Heilman, O'Reilly, Camp, Henderson, Orth, 

Caswell, Henry, Overton, 

Chittenden, Honk, Pacheco, 

Clark, Alvah A. Hurd, Page, Clark, .John n. Hutchins, Phelps, Clements, .Tames, Phister, 

Covert, .Johnston, Pound, 

Cowgill, .Jones, Reed, 

Crowley, .Joyce, Rice, 

Daggett, Keifer, Richardson, .I. S. 

DaVIdson, Killinger, Robeson, 

Davis,. George R. King, Robinson, 

Davia, Horace Klotz, Ross, 

Davis, .Joseph .J. Knott, Rothwell, 

Davis, Lowndes ll. Ladd, Russell, Daniel L. 

Deering, Lindsey, Ryan, Thomas 

Deuster, Loring, Sa.pp, Dick, Manning, Singleton, .J. W. 

Dickey, Martin,-nenj. F. Singleton, 0. R. 

So the motion· to adjourn was not agreed to. 

Before the result of the vote was announced, 

Slemons, 

Smith, A. HeiT 

Smith, Hezekiah B. 

Smith, William E. 

Sparks, 

Speer, 

Starin 

Steele,' 

Stephens, 

Stone, 

Talbott, 

Taylor, Ezra B. 

Taylor; Robert L. 

Thompson, P. B. 

Thompson, W. G. 

Townshend, R. W. 

Turner, Thomas 

Tyler, · · Updegraff, .J. T. 

Updegraff, Thomas 

Urner, 

Voorhis, 

Van Voorhis, Wait, 

W:ard, 

Warner, 

Washburn, 

Weaver, 

Wells, 

Whitthorne, 

Williams, C. G. 

Willits 

Wise~ ' 

Woou, 

Wright, 

Yeates, 

Young, Casey Young, Thomas L. 

1\Ir. WILSON moved to dispense with the reading of the names. Mr. CONGER. I object to that, for I learn--

The SPEAKER. The gentleman objects; that is all that is neces- sary. :blr. CONGER. I learn that the deficiency bill is ready to be re- ported soon, and I wish to keep this going until that bill comes in. 

The names having been read, the result was announced as above 

stated. . The following pairs were announced: 

Mr. REED with Mr. McKENZIE, for the rejlt of to-day's session. 

Mr. CASWELL with Mr. GEDDES, until ten o'clock a.. m. to-morrow. 

Mr. PAGE with Mr. MuRCH, for the rest of the day. 

.Mr. EVINS with Mr . .McCooK, on this vote. If Mr. McCooK were present, Mr. EVINs would vote "no." 

Mr. WARNER with .Mr. HARRIS, of MassachuSetts, on this vote. 

Mr. CLEMENTS with Mr. OVERTON. · Mr. DEUSTER with Mr. UPDEGRAFF, of Iowa, for the remainder of 

this legislative day, each party reserving the right to vote to make a quorum or to order the yeas and nays. . 1\fr. O'CONNOR with Mr. HAWLEY, for the remainder of this legislative day. . Mr. SP,ARKS with Mr. NEWBERRY, until eight o'clock p. m. to-day, 

either being at liberty to vote to make a quorum. 

Mr. BUCKNER with Mr. BALLOU, for this day. 

Mr. SAMFORD with Mr. STARIN. 

The result of the vote was announced as above state'd. 

ORDER OF BUSINESS. 

Mr. TUCKER. Mr. SpeakerMr. WAIT. I now ask that the resolution of th~ General Assembly 

of the State of Connecticut- · The SPEAKER. The Chair recognizes the gentleman from Virginia, [Mr. TucKER,] pending which the gentleman from Georgia 

[Mr. CooK] desires unanimous consent to submit a proposition relath·e to the use of the National Museum. 

USE OF THE MUSEUM HALL. 

M1·. COOK. Mr. Speaker, I ask unanimous consent to present for 

consideration a resolution at this time to which I think there will be no objection. 

The SPEAKER. The resolution will be read. 

The Clerk read as follows: 

.Resol11ed, (the Senate ca-ncurring,) That permission is granted to th& Washington Light Infantry Corps of the District of Columbia to use the Museum building on Monday evening, the 7th of March, 1881, provided that no expense shall be thereby incurred to the United States. 

Mr. CONGER. Let that lie over a day. The SPEAKER. The Chair desil:es to state that a committee of the 

company called upon him in respect to this matter. Their object is 

to give a public reception to the visiting military companies from 

abroad who are expected to be here· at the inauguration. It is repre-
1881 . . ~ CONGRESSIONAL RECORD-HOUSE .. 2241 

sented that "there ·iS-no-other place in the city large enough for the 

purpose of such a reception, and this re~nest is made in consequence 

thereof .• Mr. CONGER. I withdraw the objection. ·Mr. COOK. I move the adoption of the resolution. 

{'.Fhe SPEAKER. Is ther-e objection to the present consideration of 

this resolution. •There was no objection. 

The resolution: was agreed to. 

ORDER Oi" BUSINESS. 

Mr. TUCKER. Mr. Speaker, by order of the Honse on Saturday 

iast Ht was provided that at eight o'clock this evening the Honso 

would proceed to the consideration of the memorial addresses and 

resolutions in honor of the late · Mr. WooD. I therefore move that 

the Honse do now take a recess until eight o'clock in pursuance of 

that order. 

l\.; The SPEAKER. Pending that motion the Chair desires to lay before the Honse certain requests of members. 

., · LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To :Mr.,MURcH, indefinitely, on account of sickness; .. To Mr. ToWNSHEND of Illinois, on motion of Mr. SPRINGER, durilig the remainder of the session, on account of serious illneBS; ·To Mr. HuMPHREY, for one day ; 

To Mr. WILSON, of West Virginia, for this night session; ~'To Mr. RussELL, of Massachusetts, one day, on account of import ant business; and 

To Mr. RoBESON, for one day, on account of important business. 

LEAVE TO PRINT. 

Leave to print remarks in the REcoRD was granted as follows: 

To .Mr:ALDruCH, of Rhode Island, on the bill to fund the 8 per 

cent/ certificates of the District of Columbia. [See Appendix.] 

To Mr. HAWK, remarks and compilation upon the subject of the 

militia. [See Appendix.] 

To Mr. HENKLE, on the proposed Maryland and Delaware ship- ~anal. [See Appendix.] 

To Mr. WILBER, upon the funding bill. [See Appendix.] 

WITHDRAWAL OF PAPERS. 

By unanimous consent, leave to withdraw papers in the case of 

George Clondt from the Committee on Claims was grant ed to Mr. 

UPSON, there being no ad verse report. 

ORDER OF BUSINESS. 

Mr. TUCKER. Mr. Speaker, I understand that the deficiency appropriation bill is about ready to be reported from the committeefor 

printing and reference, and I will therefore modify, if permitted to 

do so, the motion for a recess, so as to make it until a quarter before 

eight instead of eight o'clock. 

'fhe SPEAKER. The Chair would suggest to the gentleman from 

Virginia before doing so to allow the Chair to send a messenger to 

the room of the Committee on Appropriations to ascertain the fact. 

Mr. TUCKER. I will say further, Mr. Speaker, in order that there 

may be no misapprehension, that at the close of the memorial serv- ices this evening there will be a motion to adjourn and no business 

will be pressed upon the consideration of the Honse. 

I am requested by several gentlemen to yield to them before pressing the motion for a recess for the purpose of making some requests 

of the House. 

Mr. CONGER. Before that question is decided I desire to have it 

distinctly understood that no other business shall be transacted after 

the memorial services are concluded; but that the Honse shall then 

.adjoum. . The SPEAKER. The Chair would not be willing to allow any disrespect to the memory of the dead. On such occasions the invariable 

rule has been to adjourn. The Chair has never known an occasion 

when such a thing was permitted to be done as to take up and con- ..aider any other business. 

Mr. CONGER. If that is the understanding, I shall be satisfied. 

Mr. RAY. Mr. Speaker, I ask unanimous consent to take from the 

Speaker's table and put upon its passage the bill (S. No.1334) for the 

relief of Charles H. Frank. This bill has a unanimous recommendat ion from the Committee on Invalid Pensions of the Honse, and there 

is no objection. to it from any quarter. 

The SPEAKER. The bill will be read, after which the Chair will 

.ask for objections. 

Mr. SIMONTON. While the clerks are finding the Senate bill to 

which the gentleman from New Hampshire refers, I would like to ask 

unanimous consent to pass the bill which I send to the desk. This 

bill is reported unanimously by the Committee on Claims to pay an -old woman some pension money due her. The original certificate was lost, and this simply authorizes the issue of a new certificate. 

The SPEAKER. The Clerk will report the title of the bill referred 

to by the gentleman from New Hampshire. 

The Clerk read as follows: 

The SPEAKER. By consent. _Mr. RAY. I will explain that this bill passed the Senate. It is 

unanimously recommended by the House Committee on Invalid Pensions. This man is a poor paralytic, and this bill is simply to allow an increase of his pension. - , . Mr. WARNER. Why is a speeial act necessary f Why cannot the 

pension be granted by the Department! 

Mr. RAY. He has a small pension now; but it is recommended to 

be increased to $50 per month became of his condition. 

Mr. WARNER. By whom Y 

Mr. RAY. By the Honse Committee on Invalid Pensions, and also 

by the Senate. I call for the reading of the report, which will ex- plaiD. the case, if my friend desires it. • Mr. WARNER. I think we had better proceed regularly in all 

theso cases. I mill for the regular order. . The SPEAKER. The regular order is on the motion for a ·recess until eight o'clock. 

CONl!'EREES OS RIVER AND HARBOR APPROPRIATION BILL. 

Mr. REAGAN. Mr. Speaker, I wish to state that the confe~ees on the river and harbor appropriation bill desired to have a meeting tonight at eight o'clock, but Mr. HAWLEY, one of the conferees on the 

part of the Honse, wishes to be excused from serving because of a previous engagement. I therefore request that the Chair appoint some one in his place. 

The SPEAKER. The Chair will appoint Mr. BROWNE to fill the 

vacancy. 

ORDER OF BUSINESS. 

Mr. TUCKER. I now renew my motion that the House take a recess until eight o'clock p. m. Mr. WAlT. The gentleman from Virginia said he would give me an opportunity to move to have the resolution I offered this morning printed in the RECORD. [Cries_ of "Regular order!"] 

The SPEAKER. The regular order is on the motion of the gentle- man from Virginia that the House take a recess until eight o'clock. 

The motion was agreed to; and accordingly (at six o'clock and 

thirty-five minutes p. m.) the Honse took a recess until eight o'clock. 

EVENING SESSION. 

The recess having expired, the Honse resumed its session at eight 

p.m. 

CERE:\!O~TIS IN MEMORY OF THE LATE RON'. FER..~ANDO .WOOD. 

The SPEAKER. The Honse will be in order. Rev. Dr. BULLOCK, 

Chaplain of the Senate, will offer prayer. 

The Chaplain of the Senate, Rev. J. J. BULLO.CK, D. D., offered the 

following prayer : Almighty and ever living God, who art the maker of.· our bodies, 

the Father of our spirits, and the disposer of all event~ we invoke 

Thy blessing to rest upon the services of this solemn occasion. 

In Thine inscrutable Providence during the last days of this Congress it hath seemed good unto Thee to remove from this world by the 

hand of death two of the most distinguished J;Dembers of this National 

Legislature. We pray that these solemn events may be deeply impressed upon the minds and hearts of all those who have been asso- ciated with them in guiding and directing the affairs of this great conn try. May they be led by these solemn dispensations of Thy Providence to consider their latter end and to see the importance of being 

prepared for their departure when it is Thy will to call them hence. 

For it is certainly true that it is appointed unto all men once to die, 

and after death the judgment; and that neither wealth, nor talent, nor high position can arrest the footsteps of death, the great destroyer of human hopes and human expectations. 

And we pray that we all give heed to the solemn warning that comes from the vacant chairs clad in sackcloth that were recently filled 

by those who are now numbered among the dead. We do beseech 

Thee, Our Father, that, seeing that life is so short and so uncertain, 

and that death and judgment and eternity are certainly before us, we may so live that when the summons of death shall be put into our hands we shall be ready to die in peace and in the confident expectation of a glorious immortality. 

We pray for the blessing of Almighty God, the Father, the Son, and 

the Holy Ghost to abide upon us, now and forever. Amen. 

The SPEAKER. The Chair will cause the order of the House un- der which this evening's session is held to be now rea<l. 

The Clerk: read as follows : • SATURDAY, February 26, 1881. 

Mr. TUCKER, by unanimous consent, submitted the following order; which was read, considered, and a.,areed to : • -:.· . "Ordered, That the ceremonies fixed for Sunday (to-motTOw) at three p: m., in 

commemoration of the late Hon. FERNANDO WOOD, be postponed until Monday 

evening, at eight o'clock, and that the Senate be adviSed of the change." 

Mr. COX. I am directed by the delegation of New York State to 

present the resolutions for our action this evening, which I send to 

the desk. · The Clerk read as follows : 

Whereas the House of Representatives has heard with feelings of unaffected A bill grief the announcement of the death of Hon. FERNANDO WooD, a. Representative (S. No. 1334) for the relief of Charles H. Frank. 

The SPEAKER. The bill will be read. 

The bill was read at length. 'Mr. WARNER. What is this! How are we proceeding here! 

m Congress from the ninth district of the State of New York: . R68ol11ed That in the loss of our late associate in legislative life we deplore on& 

of the ablest counselors of our nation, whose long publio servicet beginning forty ' years.ago, in municipal as well as in Federal life, were given witn energy, intelll-. 

XI-141 

• 
/ 

2242 CONGRESSIONAL RECORD-HOUSE. FEBRU.ABY 2S, 

gence~ sa~racio/, and courage to what seemed to him the beet interests of his great City, tne Emprre State, and the entire country; and for .his supreme and undaunted 

devotion to duty, even t.o the end of his illustrious career, and his unswerving loyalty to his convictions and to the Constitution of our land, we deeire to testify our unaffected condolence with his family, his constituents, his city, and his State. - Resolved, That the Clerk of this Honse be directed to present this public expres· 

Ilion of the soiTOW felt by this Honse in its loss to the family of the deceased. 

Resol'Ded, That as a further mark of respect for the memory of the deceased, this 

House do now adjourn. 

Mr. SPRINGER. I askunammous consent thattheDoorkeeperbe 

directed to admit l::.dies and gentlemen to the floor of the House during these services, and that the House take a recess for five minutes 

while this order is being executed. 

£The SPEAKER. The gentleman from Illinois asks unanimous can- sent that the Doorkeeper be directed to admit to the floor ladies and 

gentlemen who are unable to find seats in the gallery. Is there objection t The Chair hears none. ·The gentlEVDan from Illinois also asks that the House take a recess for five minutes. The Chair hears no objection. Accordingly (at eight o'clock and ten minutes p.m.) the Honse 

took a recess for five minutes. - The recess having expired, the House resumed its session at eight 

o'clock and fifteen minutes p.m. 

Mr. TUCKER. Mr. Speaker, death has cast the shadow of his dread 

:presence over both Legislative Chambers of the Capitol. He has 

taken from this Honse one who was oldest in public serviGe, and 

distinguished for his ability and experience ; and more recently has 

quenched the brilliant light of the gifted and eloquent Senator from 

Wisconsin. 

-jTo-night, we are met to pay a just tribute of respect to the mem- ory of our late associate, Hon. FERNANDO WooD, a Representative 

fr4tm the State of New York; for four years chairman of the Committee on Ways and Means, and for nearly forty years a conBpicnous 

figure in American politics. 

The broad, deep river which rolls its majestic waters to the sea, 

with scarcely a ripp_le on its bosom, tells but little of the movements 

of the mountain stream it once was, of the chasms it has leaped, of 

the precipices over which it has fallen, of the mountains through 

which i1i has cleft its way, of its devious course to avoid what it could 

not surmount, until in its well·de:fined channel it becomes the source of blessing to all within the range of its beneficent influence. 

So is it often with "this pleasing, anxious being" of our common humanity. In its primary stages it is marked by vigorous, sometimes 

yehement, struggles to free or avoid the obstructions to progress and 

s11ccess. In the antagonisms of an early career criticisms just and 

unjust upon the motives to action generate hostilities which as life 

goes on are modified, alleged, or removed ; and as we near the period 

when it shall empty itself into the eternal and infinite" life beyond 

life," we cease to strive and struggle, but with the momentum of an early, resistless force we may hope to achieve, with calm and selfcontained power, the highest and noblest purposes of a pure and 

chastened ambition. 

To ttace the career of so sagacious a public man as Mr. WooD to 

its early stages would be a matter of interest, as it always is to see how the germs of later success were laid in the experiences of youth, 

and thus to find how true it is that "the child is father to the man." 

My personal &eqnaintance with him, however, having begun in the 

Forty-fourth Congress, I have no materials from which to speak with 

accuracy of his previous life. I shall leave to some other member to 

do this more satisfactorily than in my ignorance of it I could hope 

to do. 

FERNANDO WooD was born on the 14th of June, 1812, just four 

days before the declaration of war against Great Britain. His infant 

slumbers in his quiet Quaker home in the City of Brotherly Love were broken by the sounds of war; and I can well imagine that in 

his childhood, from hearing-of the battles and victories of our then 

young Union, he imbibed much. of that patriotic pride and devotion 

to his own country for which he was remarkable in his later utter- ances. In his boyhood tradition relates that when engaged in manual 

labor his employer predicted failure for him, because while at work 

with his hands his eye was fixed on a book kept open before him. 

This thirst for the information which reading affords indicated an early self-consciousness of fitness for higher work and for more important functions. Before his majority he went into the shipping 

business, and by his prudence, sagacity, and energy realized a fortune. In 1841 he first became a member of this Honse, being elected 

when the whirlwind of popular feeling swept Mr. Van Buren and the 

democratic party from power and placed the executive and legislative branches of this Government in the hands of the whig party. I was curious to see the position of Mr. WooD upon the sharply drawn 

issues of th.at memorable period. 

His first appearance was in offering a resolution o~ inquiry respecting the rights of American citizens, said to have been unlawfully imprisoned by British authority in Van Dieman's land, an inquiry indicative of his jealous regard for the liberty of his fellow-citizens. 

He stood with the democratic party against the re-establishment of 

the Bank of the United States. He spoke with earnestness against 

the perpetuation of a national debt; opposing all the ideas indulged 

in then as now of a splendid Govemment as contrary to the simple and ,.economic views of the fathers of our re_pnblican system. 

• 

His opposition to a tariff for protection was very _decided, and his 

thoughts upon free trade were boldly expressed. They were obviously inspired by the probability of that great change in British 

policy which a few years later was carried by Sir Robert Peel in the 

overthrow of the corn laws forever. 

Mr. WooD said: 

Tbe spirit of the age is tending toward free trade. The nations of Europe have 

recently become anx10ns inquirers into its political and social advantages. The 

general assimilation of customs regulations, the mntnal dependence of an unfettered intercourse, the beautiful and harmonious working of a system, beyond the 

control of ambition or avarice, would in time bind mankind in bonds of amity, good-will, and peace, driving war and famine forever from the world. 

This was tlre language of a young statesman, not yet 'thirty years 

of age-and to the views thus expressed he consistently. adhered to 

the end. 

He served but one term at that time. He contim1ed to co-operate 

with the democratic party, and after its schism in 1848, he refused to 

follow Mr. Van Buren in that presidential election a-s the candidate of 

the free-soil party. 

As a southern man, I should do injustice to the dead if I did not 

here mention that during the whole period of sectional strife prior 

to the civil war, when the free-soil democracy and the newly-born 

republican party assailed what the South regarded as her constitutional rights, Mr. WooD upheld the equal right of the South to participate in the settlement of the great domain for colonization by the 

old States which had been won by the equal contribution of the valor 

and treasure of the North and South. 

He was three times elected mayor of the city of New York, serving as such in 1855-'56-'57 and in 1861-'62. In this position he exhibited rare executive ability and acquired great distinction. 

He was elected to the Thirty-eighth Congress and subsequently, 

serving as a Representative in this Honse nearly eighteen years altogether, and was re-elected to the Forty-seventh Congress. 

Mr. WooD was a member of the Committee on Ways and Means in 

the Forty-fourth Congress, and led, npon reporting the bill from the 

committee, the friends of the measure for carrying into effect the 

Hawaiian treaty. Though I differed with him on that question, !take 

occasion to say he supported the measure with ability, and its suc- cess was largely due to his energy and activity. 

He was chairman of the Committee on Ways and M_eans for the last 

four years. His name is associated with the tariff bill which was defeated in May, 1878. But more especially will his name be asso- ciated with the bill introduced by him and referred to the committee, and afterward in a modified form reported by him to the House 

in March, 1~0, for refunding the public debt, and which with amendments passed this Honse in January last. 

Whatever opinions may be entertained of that measure, no man in 

this House can ever forget the manly, almost heroic, persistence with 

which, though tortured by a painful disease, and eTen when the 

stamp of death was visible in his face, Mr. WooD came and stood at 

his post day after day until the bill passed. It was touching to hear 

him speak of it and of his connection with it as a triumph for the 

public credit of our country. , Nor will any of us ever forget the earnestness with which the 

dying man on the 15th of Jan nary last uttered these patriotic words, 

almost the last he ever spoke in this Hall, seemingly prophetic of his 

end: 

This nation st-ands to-day upon her imperial/ower. Her resources in the earth 

and above the earth, in the manly industry an energy of her people, are as ten to one compared with those of any other nation in the world. I for one, in the ex- piring hours of a :public life of forty years, will never consent that this great 

country shall hawk Its credit through the money markets of the world. [Applause.~ 

He went away with little hope ever to return. He felt his life-work was done. He died tranquilly, in peace, and without pain. We have 

committed his body to his mother earth; his spirit has returned to 

God, who gave it. 

Mr. Woon's mind was active and vigorous. It was practical rather 

than philosophic, dealing more with the concrete than the abstract. 

His judgment and sagacity about men and things were marked qual- ities of his mental constitution. He had much general information, 

and while from lack of early training and the mental discipline which 

the higher education secures his mind was not as accurate and logical as it might otherwise have been, yet his strong common sense, 

his keen and clear knowledge of men, and his large information on subjects of business and politics made him a wise and sagacious actor 

in the affairs of his time. 

He had courage, fortitude, and a persistent ener~y which was suc- cess for his projects, when men of more intellect Without these moral 

qualities would have failed. 

His presence wa-s striking; his style in debate was impressive and 

dignified ; his manners were courteous; and in the intercourse of the 

home they were genial and full or kindne~. He was very decided in 

his opinions and strong in his convictions, and stout and brave in 

their assertion and maintenance. 

His hospitality was generous and warm. In all the relations of his 

family, he was gentle, affectionate, and trne. 

It has been my duty thus to speak of .Mr. WooD ill his public relations, as I have known him for six years as his associate in this 

Honse and on the Committee on Ways and Means. 

Having filled the measure of his life, he has met its responsibilities 

and has passed away from these scenes of busy, active strife forever • 
1881. CONGRESSIONAL RECORD-HOUSE. 2243 

Brother Representatives, standing at the ~ave of our dead com- rade, let us resolve that we will meet our life responsibilities (the more solemn when we look on death!) in the fear of God and for the 

best interests of our common country ! 

Let a pure love of country, our whole country, inspire that earnest 

and harmonious co-operation for the promotion of its real interests 

and its true glory without which all our la.bor will be in vain. 

In the presence of this solemn event and under deep sense of our responsibility to our country and to our God, may it teach us so to 

number our days that we may apply our hearts unto wisdom! 

Mr. HUTCHINS. Mr. Speaker, the members of the Forty-sixth 

Congress have three times been called to pause and contemplate the 

reality of death. To-day another vacant seat, dressed with the em- blems of mourning, reminds us that we are gathered f~r a similar 

purpose. It might seem that this event so common would be viewed 

by ns all without emotion. But this is not so. The heart, the head, 

and the hand join in this solemn tribute of respect for the dead. 

When men who are pursuing the business of life with an earnestness 

that absorbs their whole being, and making haste to accomplish the 

purposes of ambition, stand on the threshold of the inexorable grave 

and acknowledge the fact that" all flesh is as grass," it is an event 

calculated to teach lessons of profit, if rightly considered. 

The man dies, but his ~eeds live. The art of printing and the 

mighty elements of nature now impressed into the service of man- kind give every action. upon the stage of life the meed of immortality and hand down to pesterity the good and the evil of each generation. Should not this fact prompt us to an exalted patriotism and 

to earnest efforts looking to the greatest good of the greatest num- ber of our fellow-citizens f · The record of FERNANDO WOOD's life, covering an important period of our country's history, is full of deep interest and instruction. 

He was born June 14,1812, in the 0ity of Philadelphia. The fact that 

his a.ncestors were Quakers conveys to us the idea that he began life 

with practical and solid notions of men and things. His parents took 

him to New York City in 1820, where were enacted the busy scenes of his earnest and eventful life. When fourteen years of age he be- came a merchant's clerk, afterward a skilled mechanic; and when 

twent.y years old, we find him struggling to estab1ish himself in mer- cantile businefls. He battled for the prize of success with varied re- sults until 1840. When only twenty-eight years of age his ambition, 

after repeated efforts, was rewarded by his election to the Twentyseventh Congress. This Congress enrolled among its members John 

Quincy Adams, Millard Fillmore, Caleb Cnslllng, Robert C. Winthrop, 

Henry A. Wise, R. M. T. Hunter, and others, afterward equally honored and eminent in the annals of the nation. The Senato at that 

time was also composed of many statesmen of great ability. Mr. 

WooD not only enjoyed the acquaintance of these eminent men, but 

took part in their earnest debates when the great and far-rea-ching 

questions of that day were being settled by the master minus of the 

Republic. Such was the school in which our deceased colleague was trained, where he had the benefit of the ablest intellects, the wisest 

statesmen, and the profoundest thinkers of the day. No doubt his 

subsequent public career was largely influenced by the forces imparted to his mind and his principles at this epoch of his life. 

During the session of this Congress Professor Morse made application for aid to perfect the magnetic telegraph of which he was the 

inventor; Mr. WooD had a keen appreciation of its merits, and acting upon his own judgment rendered him such valuable aid that Profe~sor Morse in after years, and in the day of his great triumph, was wont to say that :be regarded his success as largely due to ·Mr. 

WooD. 

On the expiration of his congressional term Mr. WooD re-entered mer- cantile Jife, in which he met with marked success. In 1850 he again 

entered into the arena of politics, when he was the democratic candidate 

for mayor oftbe city of New York, bntwas defeated. In 1854he wa~ 

again the candidate of his party and elected. During the term of his 

service be was the earnest advocate of establishingtbe Central Park, 

and ioit.iated measures which resulted in its becoming a success. He 

invited Washington Irving, George C. Bancroft, William Cullen Bry-

..ant, and other distinguished citizens to consult with him in devising 

plans for this great breathii1g pla-ce for future millions of the metropolis. Thus was New York City and the Western World largely indebted to Mr. WooD for this successful enterprise which is becoming 

the central school of natural history-of the liberal arts and the depository of relics of greatness and grandeur of ancient and modern 

times. 

He was re-elected mayor in 1856 and again in 1859. During his 

term as chief magistrate of the city of New York he originated the 

uniforming the police, which innovation has since grown into a universal custom in the cities of our country. The great abuses which 

had become common in the municipal government from negligence, 

want of discipline, and executive incapacity were inquired into, and 

reformed by the assistance of his practical good sense. Evil-doers in 

their secret haunts were discovered by the enforcement of new police regulations and restraint, exposure, or punishment meted out to 

them. He determined to make his adopted city a model of good government and he succeeded in so doing by his persistent and energetic 

efforts. It may be said of our deceased friend that during his admihistration of the office of mayor no man was ever abused more nnsparingly than he, but he did his duty so fearlessly, and to all appearances so conscientiously, as to win the praise of unprejudiced minds. 

Mr. WooD was returned to the Thirty-ei~hth Congress, and from 

that time until his death, excepting the Thli'ty-ninth Congress, was a continuous member of this body. His history for the twenty-one 

years of his congressional career is intimately interwoven with the 

history of the period of that service, and the student will find the 

record of his acts in harmony with the best interests of the financial 

management of the country, and on the vital questions of currency, 

tariff, and commerce were conservative and sound, as propounded 

by the best minds and the closest thinkers of his party. The last 

public measure which engaged his attention showed his devotion to 

views that he had a-dopted after mature consideration, and demonstrated also his intense earnestness in carrying them to a succe88fnl 

consummation. He came to this Honse at the beginning of the present 

session from a sick bed. Day after day he consulted with his colleagues and urged upon them his convictions. He faltered not, though 

feeble in body and his vital forces nearly worn out, until this, the 

last public measure which bears his name, was approved by us. When it had received our sanction, he remarked, with a presentiment 

of his near death, "This ends a period of forty years' public service." 

Then his physical nature yielded to the force of disease and in a last 

effort to recuperate he fell a victim to death. 

When success runs through the warp and woof oi a whole life-time 

the measure of a man's greatness is the result ~f his fidelity to popular interests. Such is the philosophy by which to form our judgment 

of public men. Judged by this rn1e, as a merchant, as the chief magistrate of the first city of the Union, as a representative in the United 

States Congress of a large and intelligent constituency, the life of our late distinguished associate may be regarded as a triumphant suc- cess. In looking at the elements of Mr. WooD'S character we find that 

he was self-reliant to a wonderful degree. He was active and ener- getic in the pursuit of every object that engaged his attention, and 

also in the discharge of all public duties. His life was a stormy one, 

and the reason is obvious when we realize that he was a man strong 

in his convictions and fearless in their expression. Hence he made 

enemies, and he seldom endeavored to conciliate them. 

The courtly dignity of his carriage and the suavity of his manners was a noted characteristic of the wan. His bearing npon this flbor was always unexceptional, and we might profit by imitating its propriety and befitting manliness. 

Thus having labored diligently in the public service for two-score 

years, and lived the allotted period of human life, he died with his armor on, a true type of the American citizen, ripe in deeds of pnbli<t 

interest and fnll of honors. 

Mr. LAPHAM. Mr. Speaker, it is not my purpose to dwell atlength npon the topics naturally suggested by the occasion which has• called us together or to pronounce an elaborate eulogy or take an. extended biographical notice of the life and labors of our deceased• colleague. The gentlemen who have preceded me have made i1l un-- necessary for me to do so. The event is not one calculated to excite· that intense grief we have felt at times when the destroyer has. snatched from our midst those who were just entering upon apublio. career of honor and usefulness. 

Mr. WooD had nearly filled np the measure allotted to human life, 

and has fallen at last, aa the ripened grain falls before the reaper's 

sickle. Such a passing away is a harvest, not a blight. 

My acquaiD:tance with him personally began with my entrance to 

the Forty-fourth Congress, in December, 1875. I thus met him as one of ~h.e lea~ers of ~be dominan~ party in this Honse, flushed by a great 

pohtteal victory Just then achieved. I had known and heard ~f him as a most devoted partisan, and therefore watched his course and con- duct as a Representative with more than ordinary care and interest. 

His example from that time till he left this Hall never to return was such that I can bear cheerful testimony how often he abjured partisanship and rose to the higher duties devolved npon him by the demands of statesmanship. Years had tempered the ardor of his zeal as a politician, and ripened his judgment for the discharge of the mor& 

dignified duties of a statesman. He was an earnest advocate of a measure when oncG espoused by him, but he brought to its advocacy 

that calmness and dignity which rendered his earnestness less offensive to those with whom he differed in opinion. Which one of all those 

who listened to him in one of his last efforts on this floor will ever forget the example in this respect which he has left for our imitation t 

The patient earnestne88 with which he pre88ed to a conclusion a measure which he had come to believe so deeply concerned the public 

welfare and which his impressive and eloquent words proved he was conscious would be the last and crowning act of a long and eventful 

public service here. He had convinced himself that a Government 

!oan a;t 3 per cent. interest co~d b~ successfn~y floated, (a conclusion m whiCh I then thought and still thmk he was m error.) His colleague, 

[:Mr. HuTCHINS,] who has preceded me on this ocM.Sion, had taken is- sue with him upon the subject. "Such a loan (said he} as is here pro- posed has never been floated. I do not believe it can be." The closing sentences of Mr. WooD's reply, to which reference has already been made, were in these words : . 

Thls nation stands to·day upon her imperial power. Her resources in the earth 

and above the earth, in the manly indlUltry and energy of her people are as ten 

\ 
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22~4 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28 .... - ' • '-''•t''· 

t.o on~ compared with those of any: other nation in the world. 1, for one, in the 

expinng hours of a publio life of forty years, will never consent that this great 

country shall hawk its credit through the money markets of the world. 

;Thls was on the 15th of January last. On the 19th the bill passed 

tlie House. His work was done. His labors as a Representative were ended. He left the theater in which he had so long been a prominent· actor never to return. This was not to have been the close of 

his service had his life been spared. He had been honored by an election to the Forty-seventh Congress. His touching allusion to the 

""expiring hours" of his "public life" foreshadowed the end which so soon came. A greater than any living writer has said: 

The sense of death is most in apprehension, And the poor beetle, that we tread upon, In corporil.l sufferance finds a pang as great As wlien a giant dies. 

This sense our departed friend most clearly realized, and yet his 

resolute, manly, and almost perilous struggle with the great enemy 

in the weary journey he undertook-the effort t hus made to 

· H;old death awhile at the arm's endwas characteristic of the energy manifested in his whole life, and of a determination to spare no effort to avert for a time his coming fate. 

, At least we'll die with harness sn our backwas the language of his example. 

And so, dying in a distant State, his mortal remains were returned 

by loving hands and with official :fidelity and care to the residence 

iri this city where he had so many years dispensed a generous and 

almost princely hospitality, and where his obsequies were held, to be 

taken: thence to the place he had selected for their burial. .Mr. WooD's services as a Representative (and it is of him in that 

respect that I speak) were of the most exalted character. He was industrious and punctual in the performance of every duty. He 

avoided notlabor properly cast upon him. He was kind to all classes 

of applicants for favor in legislation who sought his aid and whose 

claims he believed just. He was also courteous to younger and less 

experienced members of the House. In the committee-room and on the floor he was a model Representative. We shall miss his manly 

presence among us ; and it may be many years before, in these re- spects, we shall look upon his like again. 

Mr. LOUNSBERY. Mr. Speaker, the voice of my colleague but 

lately sounded in this Hall. To-day it is forever hushed. His body 

lies sepulchered with the dead. The mournful duties of his associates 

con.nected with his obsequies close with the present hour. I shall 

not indulge in fulsome adulation; but I shall mingle with others in 

making a truthful portraiture of a life largely devoted to the public 

service, and ended while engaged in a most earnest and exhausting 

struggle in the int-erest of his country. I would render here the 

lesson of histllfe, bred of self-instruction and determined effort; projected among a people of which he was truly a part, and ended amid 

duties that had become congenial to his habits and nature. 

FERNANDO WooD was born in 1812, at Philadelphia, where his 

parents were temporarily residing. He was reared in New York 

City. At. the age of thirteen years, on his own account but with the 

consent pf his parent-s, he took employment in a book-store, and 

thenceforward supported himself and educated himself. Very 

young he took part. in the local politics of his city, and at the age of 

twenty-eight wa.s e"lected to Congress from one of the city districts, 

and served for two years in the same Congress with Daniel Webster, 

Heney Clay, and John C. Calhoun, forming an intimate acquaintance 

with the two latter. 

He returned at the end of his term, with his business broken up 

by his political services and with the resolve never more to participate in politics, but to devote himself exclusively to building up a fortune. He adhered to this resolution until he had succeeded to his 

satisfaction. He had been successful in business. He had built up a shipping trade which with several fortunate ventures had made him 

in 1854 an accumulation of gains on which he felt justified in retiring from active business. He had had the sagacity when the gold 

discoveries made Californil.b a :field for adventures to land several car- goes of goods at San Francisco and with the profits to purchase real 

estate there. He also bought real estate in New York City, and with 

the growing prosperity of the country he became a man of wealth as that word was used at that time. He then again felt able to indnlge 

his old fondness for politics, and he was elected mayor of New York 

in 1854 and re-elected for two subsequent terms. In 1862 he was elected to a seat in Congress from the ninth New York district, and 

he has without break held this seat. It seemed to be the :fixed determination of his constituents to continue him in Congress till his 

death. At the last election, though continuously confined to his 

house_. by sickness, and though his party was divided by rival factions, he was again elected to his tenth successive term. This term 

by reason of his death he has not been able to enter upon. His congressional services connect the deceased with an eventful 

period of his country's history. He sat in this Hall while the Representatives of many of the States were absent from their seats by 

secession; while a. war of the sections was in active progress; while reconst~ction was emerging by conflicting propositions; while the 

waste of,war.was giving place to restoration; and while the credit 

-· .... of the country was being rebuilt. Wlien his party came again to a. majority in this House he was made chairman of the Committee on Ways and Means. He participated in the enactment of laws that . tended to returning prosperity. He participated in the triumphs of a coin resumption by the Treasury. He saw the Government bonds 

appreciated in the markets of the world. His voice has hardly yet 

died along the walls of this Chamber in the eloquent expression of 

his confidence in the Government credit and in its ability to refund 

its redeemable indebtedness at the rate of 3 per cent. 

I was one of many interested witnesses of his last and most earnest 

effort. His voice was already broken by approaching dissolution, but 

hj s mind was clear. He seemed determined to leave this act impressed 

upon the financial history of his ceuntry as a monument to his legislative career. Those who saw the dying statesman as he retired from 

the Honse after the result of the vote upon his bill had been an- nounced were irresistibly reminded of the words of the dying Adams : 

This is the laat of earth, and I am content. ., 

This picture in outline is that of a successful career. Of eminence 

achieved as a legislator under such circumstances as make his case, 

though not exceptional, sufficiently rare to mark it as a notable event. 

Though educated to trade, he was not unsuccessful as an orator. 

Without the learning of the books he had become cultured in statecraft. He was the representative of a class of public men in his 

country who have succeeded by a positive purpose without the aid of 

erudition. He was peculiarly the child of his city, and was honored 

by it because he so :fitly represented its growth and its practicaJ. habits 

and methods. 

The deceased was magnificent without ostentation. When he was carrying on a shipping trade with immense profits his office was small 

and ill-furnished. His residence in New York, though princely in its 

extent and in its appointments, was plain ahd without ornament to 

attract the eye of the stranger. At his home in Washington, where 

he was beyond precedent liberal in his hospitality, he did nothing to 

attract observation. His funeral obsequies were conducted according 

to his wishes in such manner as to repel public demonstration to his 

memory. . The deceased had much store in his family and his fireside. He 

leaves a surviving family of eleven children, not spoiled by tenderness1 but reared under the affectionate eye of a devoted father. 

H1s will, drawn when he had reason to expect a speedy death, shows 

that :his chief concern was to make ample provision for the care of 

his affiicted widow. 

We have put away in his tomb our distinguished associate. A 

column has fallen not easily replaced. I mourn in him a lost friend. 

The country ~as no longer his wise and devoted counsels. His :fireside is desolated of his care and protection. We have left onlr, the 

recollection of a history rounded out to a ripe and complete frwtion. 

We can rest alone'in the remembrance of his achievementsFor memory is the only friend 

That grief can call her own. 

Mr. WRIGHT. Mr. Speaker, Irisennderadeepfeeling of emotion. 

I have parted with a life-long friend. For the last forty years Mr. 

WooD and myself have been connected with many of the political 

events which have successively excited this country; and in his departure I feel as though I was separated from a personal friend with 

whom I have been associated during that long period of time. 

Mr. WooD was my junior by some four years. The last conversa- tion I had with him was in this Hall, and I inquired of him with re- gard to his age. He told me he was born on the day that the Ameri- can Congress declared war against Great Britain in 1812. He was therefore four years my junior. According to the ordinary course of 

events I should have gone before him. But snob is human destiny. 

We cannot tell what an hour will bring forth. 

I am feeble to-night, but I will try to make a few remarlfs and 

make myself audible. They cannot be extended. If I were to give a general summary of the character of FER..~ANDO WooD I would say 

he was a man of great industry, of strong will, and positive attributes; 

that his character for integrity wa~ unquestioned. He :filled ~ his 

high offices with dignity and·purity. He was tenacious of his opinions. They were the result of labor and research as well as the re- sult of honest convictions, convictions formed, not at random, but 

conclusions deduced from the power of educated and trained thought. 

Inferences from facts, from long experience in public and private 

affairs. 

As a statesman his ideas were bold, yet conservative. He stood 

high in the estimation of his colleagues, and in the conflict of· opinions his sincerity was never questioned. He was courteous in his 

manner, not offensive in debate, frank, open, manly, true, and reliable as a friend, and, better than all, he was a gentleman. Thatis 

my summary of the character of my colleague and my late distinguished friend. • . : That he wa&o a man of industry and strong will is manifest by-the manner in which he began the great battle of life. Born in my native 

State, which fact always attached me the more to him, born iJl humble circumstances, apprenticed in his boyhood, still having always 

that indomitable will as an element of his character, there was no power that couldresisthis onward march,andonwardhe did march'; 

and be marched to conquest and .victory, disregarding the ordinary 

obstacles in the pathway of life. . · 
1881. CONGRESSIONAL RECORD-HOUSE. 2245 

He entered into mercantile life, and in that he exhibited sagacity 

and showed that he knew how to manage and control his affairs; 

when he had accumulated a fortune he had the judgment and discretion to take care of it. That shows conclusively his great industry, his strong will, his positive attributes. 

Let me stop here a moment t.o turn away from the ordinary chain 

of ceremonies of this kind and say that it is men of snob character, men born in obscurity, with will and foresight, and power, who have 

laid the corner-stones of our great Government ; and to their arms we are to intrust the safety and custody of it in all time to come. Mr. WooD wns a living example of what industry, temperance, and 

labor can accomplish. 

Leaving Philadelphia, passing through his apprenticeship, accumu- lating a fortune as a merchant and showing that he knew how to 

take care of it, he entered into public life. He became the mayor of 

the great metropolis of this great country. No man to-day can raise 

his voice and say that FERNANDO WooD, in the high office that he 

held as the mayor of New York, ever failed to discharge properly the 

duties of that office. He was always at his post, always maintaining 

the character and dignity of his position, and also maintaining the 

purity of his own life and conduct. 

When he came into public life-! know the time well, because I 

had been in public life some years before him-when he came into 

public life there was a class of men from whom he received his earliest instructions such as never again will exist in this country. Why 

it should be so I do not know. I say nothing in derogation of the 

character of those who now occupy these two Chambers. 

But there was a galaxy of power and learning, influence and integrity, especially in the Senate of the United States, when FERNAJ\"DO 

WOOD entered into public life that never before existed, and perhaps never will again. 

There is but one way in which history can repeat jtself with regard 

to the restoration in the Senate of men of the powers possessed by 

those who held seats in that body at that time. That was a time 

when men were selected by the States to represent them always with an eye solely to their ability and qualification. I stand here to-day 

at three-score-and-ten, and I can afford to· say it, and I dare say it, 

that is not the rule now. There are, of course, exceptions. It was in the training of those men with whom Mr. WOOD associated that 

upon his mind were made those deep impressions of the honor and 

the integrity which characterized him as a man and statesman. 

So far as he bad anythlng to say in this Chamber during the debates of the last four years, yon will find that there was no acrimony, no effort made to excite ill-will on the part of his adversaries. He 

followed strictly the line of his argument, and the position he maintained in carrying it out wa-s sustained by dignity. You all know 

that who have seen the grand old form standing at his place here in 

this Chamber arguing questions of State. Yon all have felt impressed with the idea that he was a man who could talk to the point, 

talk sense and avoid all ideas and expressions which would produce 

acrimony, and which sometimes lead to very bad and serious results. 

In this particular Mr. WooD enjoyed a preud and enviable position. 

I said he was tenacious of his opinions; ilo man was more so. They were opinions that he had formed after deep research. He differed 

with me in regard to many questions of State policy, particularly in 

his ideas a-s to revenue. I thought nonetheless of him, though. He was manly; he did not conceal his opinions, he spoke them right out 

freely and without concealment. 

As regards his standing, according to our idea and definition of 

statesmanship, we would not be justified perhaps in pla-cing him in 

that higher circle. He was upon the plane below, but upon a plane 

where he could exergise his influence and his power and do as much 

good for the public as t.hongh he had occupied the plane that was above him. 

He was tenacious of his opinions to a remarkable extent.. Many a contest have I had with him in regard to those matters, especially 

during the last twenty years. I do not now speak as to political 

issues; they are out of place here to-night. 

He was born in Pennsylvania but reared in New York-by birth a son of the great Keystone State ; by adoption a son of the great Empire State. He was a true type of those two great States lying side by 

side, anchors of safety in revolution, and anchors of safety and indexes of public opinion in all time to come. He was a type of the 

character of those tw.o great States lying in the center of the territory of this nation. 

I have stated, in the general summary I have given of his character, that he was a courteous man. Yon all know that; it is needless 

for me to repeat it. Gentle in manner, kind in action, the last man on God's earth to offend, it never entered his mind to utter a word to 

hurt the feelings of his opponent, whether he wa-s above him in the 

social or political scale er below him. He was courteous in his man- ner out of this Hall as well ru~ in it. He was a model statesman, 

becanse his training had been such as a statesman should receive. 

Having been thus trained in early life, the impressions then made upon 

his ~nd were never thrown off. The mantle which he took upon 

himself in 1840 in the soctety of the men of those days was never changed, and was interred with him. 

As I said when I arose, I feel under a deep sense of embarrassmeni, 

because I am reminded of an event which must happen to me in a very short time. I bear the knocking at the door. I feel as though 

a part of me had gone in my social and political life, as though the man who had been by my side in political issues for the past forty 

years had left me. I feel now that in the absence of an old •friend 

and distinguished statesman from his seat in this body that, so far as I am concerned, it is a banquet kall deserted. 

Mr. COFFROTH. Mr. Speaker, we are again called upon to mourn the loss of one of our number. Our deceased brother lived to nearly 

the period of time allotted to man. When we met here in December 

last we little thought that before the close of this session the seat 

of FERNANDO WooD would be draped with the pall of mourning and 

decorated with white flowers-the emblem of the pure in death. He 

entered upon his duties with all the appearance of having many 

years of usefulness before him. His arduous labors a-s chairman of 

the Committee on Ways and Means, and his unrelenting exertions 

d nrin~ the pendency of the refunding bill, wore heavily upon his con- stitutwn, and it gave way faster than any of his friends anticipated. 

When in the discussion of the refunding bill, on the 16th of January 

last, he declared, "I for one, in the expiring hours of a public life of 

forty years, will never consent that this great country shall hawk its 

credit through the money markets of the world," none of us had the 

remotest idea that these were among the last words of a dying states- man who had for many years given his time, intellect, and energy to 

the good of his country. 

He left this Hall after the passage of the refunding bill to seek rest 

and to restore his shattered health; but, alas! he will never" return · again. God, in His divi.Ile wisdom, has called him away, and 

How pale appear 

Those clay-cold cheeks where grace and vigor glowed ! 

Oh, dismal spectacle I How hnmble now Lies that ambition which was late so proud ! 

I will not at any length recount the many positions held by FERNANDO WooD. He was born in the city of Philadelphia on the 14th 

of J nne, 1812, and is of Quaker parentage. At nineteen years of age he 

commenced business as a shipping merchant in the city of New York, 

from which business he retired with an ample fortune in 1850. He was first elected to Congress in 1840, and was a member thereof in 

the years 1841, 1842, and 1843. He was three times eJected mayor of 

the city of New York, serving as such during the years 18.55, 1856, 

1857, 1861, and 1862. He wa-s then elected to the Thirty-eighth Congress, being regularly in attendance at its sessions and gained great 

distinction by his course. He was again elected in 1866 to the Fortieth Congress, and has been a member from that time until the date 

of his death, which occurred at the Hot Springs, in Arkansas, on Sunday evening, the 20th of February instant. 

It can be truly said of FER..lliANDO Wood that his was an eventful life. 

He was an eloquent and captivating public speaker. The first public 

speech I heard him make was during the sitting ef the democratic 

national convention, in 1860, at Charleston, Soutll Carolina. His 

speeches in Congress have evinced rare ability, and have placed his name in the category of the1 great statesmen who have preceded him. 

He has forever gone from us, and his death will be mourned as a public 

loss, and in the private circles of life many loving hands will strew 

flowers over his grave, while others will shed tears over his demise, 

because he was the common benefactor of the poor and needy. 

Mr. Speaker, death is a frequent visitor to these Halls, and we are appalled when the summons comesYet, tell me frighted senses; What is death i 

:Blood only stopped, and interrupted b:.;ea.th; 

The utmost limit of a narrow span, And end of motion, which with life began. As smoke that rises from the kindling tires, 

Is seen this moment, and tbe next expires; As mighty clouds by rising winds are tost. Their fleeting forms scarce sooner found th.an lost. 

So vanishes our state, so pass our days, 

So life but open& now, and now decays; The cradle and the tomb, alas 1 so nigh, 

To Jive is scarce distinguished from to die. 

Mr. Speaker, on the first Monday of December, 1863, after an ab- sence of twenty years, FERNANDO WooD reappeared as a member of 

the Thirty-eighth Congress. Yon and I made our first appearance as members at that time. Time has made sad and lamentable havoc 

with our then colleagues. We call the roll and ask, Where is Pennsy 1 vania's "Old Commoner," Thaddeus Stevens Y The answer comes- he is dead! Where is the warm and impetuous Meyer Strouse! The answer is-he is dead I Then we desire to know of that noble patriot, Philip Johnson ; and the answer is-he is dead! Then we ask, 

Where is the pleasant and kind-hearted Ch&rles Dennison f The an- swercomes-heisdead! We inquire next, Where is the eloquent and 

noble-hearted William H. Miller 7 and the answer again comes-he is 

dead 1 The inquiry is then made for the intelligent jurist, James T. 

Hale; and we are again answered-he is dead! We then call the name of the earnest and able advocate of the homestead law, John 

L. Dawson ; and we are answered-he is dead f The inquiry then 

comes, Where is the distinguished Thomas Williams 7 The answer again is given-he is dead f And last, but not least, we call the name of that generous and noble man, Jesse Lazear; and the answer comes 

in mournful accents-he is dead! 1 

Yes, these associates and colleagues of our first Congress have been 

taken from their families and their country by the hand of death. 

When we look over _this Chamber we only see eight membexs Ii'bw here 

I 
2246 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 28, 

who were members of the Thirty-eighth Congress-four from Pennsylv-ania,theSpeakerofthisHoose,Mr.WILLIAMD.KELLEY,Mr.CHARLEs 

O'NEILL, and myself; one from Iowa, Mr. HlRAM PRICE; one now from New York, but then from Ohio, Mr. SAMUEL'S. Cox; one from 

Illinois, Mr. WILLIAM R. MORRISON; and one from Indiana, Mr. GoDLOVE S. 0RTH. These eight ~ourn the loss of their deceased brother 

not oaly because of their associations with him in this, but on ac- count or their association with him commencing with the beginning 

of the Thirty-ei~hth Congress. Having been acquainted with him 

for so Jong a penod of time, we learned to love him for his kind 

heart, his generous disposition, and his affable treatment of all his 

associates. He had no disposition to utter unkind words whereby a thorn might be left rankling in the bare nerves of the heart, bnt his 

every word and action bad a tendency to draw men to him in bonds 

()f friendship, and soothe every contending passion into serene con- tentment. 

Mr. Speaker, death shadows onr pathway on every side. Since the 

oonvening of the present Congress three Senators, Mr. Zachariah 

Chandler, of the State of Michigan; Mr. George S. Houston, of the 

State of Alabama, and Mr. MATTHEW H. CARPENTER, of the State of 

Wisconsin; and four members of the House, Mr. Rnsh Clark, of the 

State of Iowa; Mr. Alfred M. Lay, of the State of Missouri; Mr. 

Evarts W. Farr, of the State of New Hampshire, and our deceased 

brother for whom we now mourn, Mr. FERNANDO WooD, of the State 

of New York, have been removed from the councils of the nation by 

the unerring archer, Death. 

In view of these lessons of mortality, to each one of us comes the 

injunctionSo live that when thy summons comes to join The innumerable caravan which moves To that mysterions realm, where each shall take 

His chamber in the silent haJls of death, 

Thon go not, like the quarry slave at night, Sconrged to his dungeon, but, sustained and soothed 

BY an unfaltering trust, approach the g.ra.ve Li"'ke one who wraps the drapery of his conch ·. About him, and lies down t~ pleasant dreams. ~ 

Mr. COVERT. Mr. Speaker, sorrow finds fittest expression oftentimes in silence. It rnles in a realm which is sacred, but its sway is 

-disputed always by duty. I should stand mute to-night in my place 

in this Hall did not this joint mler, duty, itself sad-eyed and sorrow- ful, beckon me to speak. It would be more grateful and perhaps more 'fitting if I remained mute of lip while the voice of the heart only 

responded to the kindly words others have spoken of him who, living, was my friend, and who, dead, I most sincerely mourn. And speaking, what shall I say of him whose name was familiar to the ears of thousands for nearly half a century 'f What shall I say of him 

whose presence was so familiar to us all in this Chamber'f Of him 

who, after nearly twenty years of faithful service in this House has 

made his last appeal to us, has answered his last roll-call, and bas 

passed out from this Chamber, never again to enter its portals T 

Yon knew-wbo knew not Astrophel' Alas I that I should say I knew, 

And have not in possession still! 

Things known permit me to renew. Of him, yon know his merit such 

I cannot say-yon hear-too much, 

The Hfe record of my late colleague has about it, in parts, the elements of romance, if we define romance to be that which is strange 

and out of the ordinary courses and conditions of events. He came from the ranks of the people, from an ancestry strong and sturdy and 

self-respecting. The elements of mental strength and self-respect 

thus inherited were through his whole life distinguishing traits of 

his character. When FERN.Ali."DO WooD was born to the world he came a8 a born leader of men. Passing his earlier days in comparative 

()bsonrity, be even then nursed an ambition which he knew and felt 

would raise him above his surroundings. Even in his youthful days 

he was prince absolute among his associates, as in later years he ruled 

at seasons almost as king among men. It is related of him that even in these youthful days the methods by which he acquired dominion 

among the younger men with whom he affiliated were seeminglypeculi:u:. In his association with them he was temperate in his habit8; 

while affable, he was never unduly familiar, and there was nothing 

in his manner or methods that suggested any unbending to secure 

favor. 

He preserved always around and about him a peculiar atmosphere 

()f personal dignity which gained for him an equally peculiar quality 

()f personal respect. His education had not been of a liberal character, and during all the time he was thus building up his leadership 

he was a hard and devoted student. He grew rapidly in the confidence 

and respect of the people by whom he was surrounded, and forty years 

ago he took his seat in Congress as its youngest member. AB has been 

intimated by my distinguished friend from Virginia, [Mr. TuCKER,] 

there were some illustrious names on the muster-roll of that Congress. Webster, Clay, Calhoun, Benton, Silas Wright, Rufus Choate, 

Quincy Adams, Buchanan, and Cushing were among his associates. 

The yonng New York member was becomingly modest. bot at the 

sa111e time becomingly self-reliant and self-respecting always in the 

presence and companionship of these distinguished statesmen. He was for months a silent student of political economy and of parliamentary practice. I am glad my colleague [Mr. HUTCHINS] ha's alluded 

to one fact in his early congressional career. It was not until Professor Morse bad in vain solicited Congress to aid in the establishment 

of a short line of telegraph to prove the utility of ·his invention that 

the young member from New York attracted any publio attention to 

his congressional work. The inventor had met with disappointment 

and rebuff everywhere. The· older members of Con~tess, immersed in 

affairs of state, bad treated him with coldness and mdifference . .Mr. 

WOOD advocated his measnre, and with such success that Congrees was led finally to authorize the experiment. The result was the 

triumph of the invention which has since "put a girdle round abont 

the earth." 

Science and scientists the wide world over owe to FERNANDO WooD a deep debt of gratitude, and to his memory a peculiar measure of 

respect in this connection. The world at large has, I fear, never sufficiently appreciated the fnll valne of the service be thns generously 

and bravely rendered. The act was characteristic of the man. In the 

face of ridicule and of prophecy of failure, he fearlessly stood as the 

champion of a project doomed, seemingly, to defeat, and fought the measnre through to an assured and pronounced succesa. This peculiar ~lament of boldness under seemingly adverse circumstances, thus 

early exhibited, was to the very day of his death always a distinguishing feature in the character of our late associate. 

The period during which Mr. WooD acted as mayor of New York 

City was crowded thick with stirring events. The circumstances 

which led to his election to the mayoralty and his administration of 

the affairs of his office formed frnitfnl themes for discussion not only 

in his municipality, bnt throughout the whole country more than a quarter of a century ago. I have not the time to discuss these matters in detail or even barely to allude to them save only to say that 

they, too, illustrated most forcibly the characteristic I have men- tioned-the po88ession of the highest form of pen;onal boldness and 

self-reliance under exciting and most difficult conditions. Many are living to-day who opposed the policy of Mr. WooD as mayor of New 

York City; but there are few, I think, even of his then bitterest opponents, who will deny that his control of affairs was marked by great 

strength-by a regard for the city's interestfromhisstand-point, and 

by a very high orJ.er of administrative ability. 

About twenty years ago Mr. WooD was again sent to Congress, and ever since then, up to his death, he continuously held a seat in this 

Honse. He early distinguished himself here for the strength and individuality of his opinions. He stood at times with the minority of 

the political party to which he belonged. Not applause from the 

majority; not public clamor; not the solicitation of friends nor the 

taunts of enemies could make him retreat from a position once thoughtfully taken or surrender ajndgment once finally formed. 

While Mr. WooD was regarded perhaps as a man of action rather 

than of words, he was yet always an effective and most forcible 

speaker. The records of this House will show that while his addresses were not always decked with the flowers of rheteric, they were yet 

at all times direct, logical, and earnest. It is needless to add that 

be never spoke for display. The time of this Hoose was always a sacred thing to him, and it was only when occasion demanded it that 

he rose to speak, and rising was always accorded that attention given 

to one personally respected and whose counsels were entitled toregard. 

Those who have preceded me, his older associates on the floor, and 

those who were his colleagues on committees, gentlemen who have 

been for years closely associated with bini. in his congressional labors, 

have spoken fully of his pnblic services, and have borne warm and 

eloquent and truthful testimony to their character and value. Refer- ence has been made more than once to the last public act of his lifehis a-dvocacy of his refunding measure. I bad especial opportunities 

to observe the loyalty and devotion with which he gave almost his 

last hours to the passage of this bill through the Honse. Feeble and 

suffering, with the cold touch of death almost upon him, against the 

ad vice of his physicians, in opposition to the entreaties of his family 

and friends, he attended day after day the sessions of this Honse 

until his bill was passed. 

My friend from Kentucky [Mr. McKENZIE] has said to me that at once upon the passage of the measnre he passed over to Mr. WooD'S 

seat and congratulated him upon the result ; not only because of the success he had achieved, bnt becanse it would afford him an opportunity for the rest he so much needed. The pale cheek did not blanch, 

the eye quail, nor the voice falter, as Mr. WooD replied: 

Sir, I have but a few hours more to live, and I would die here in my place in 

this Honse if it were necessary I should remain. 

This unswerving devotion to what he deemed his duty was 6>nly in 

continuation of what had been the nsage of his whole public life. 

He was leal and loyal always to what he regarded as effioial obligation. He was brave and faithful always in the discharge of official 

dnty. 

One of the earliest of our public men, himself an exemplar of the 

best and sweetest human virtues, has written : 

See that thou copy no man save in the matter of faithfulness. 

If we who to-night monrn onr dead associate, and who try by what 

expression we may to do reverence to his memory, seek earnestly to 

copy FERNANDO WooD only in tlris one regard-faithfulness to official obligation-he will not have lived and labored, be will not have 

died in vain. But there were other elements in the character of our 

I 

I 

( 
1881. OONGRESSIONAL RECORD-HOUSE. 2247 

.associate eminently worthy to stand as models for us to imitate and 

to emulate. There are many gentlemen in this Chamber .to-ni~ht 

who have seen him in the midst of excited debate, when diSCUSSion 

upon the largest public measures had called forth the strongest pas-

-sion of our natures. I doubt if he was -ever known to so far forget 

himself as to wantonly say one word2 even in these scenes of intense 

-excitement to wound the heart of any man, to needlessly use one -expression that in his calmest momeuts might not have been appropriately uttered. . Dignified, as befitted his position here-and his was a ~ra~efnl dt~­

nity that seemed inborn and natural to the ma~-he was m. hts public 

life in all hia intercourse with associates and friends, essentially a gen- tle~an. I desire to emphasize what my venerable friend from PennoSYlvania [Mr. WRIGHT] has too briefly said on this general point, not 

only because this characteristic was his to~ la~ge, even to a pron~unced, 

-degree but because this was an element m his character that m1ght be model~d after with profit by us all. It suggests a rule of con~uct brought physically to our senses by the e~ample of our dead fnend more emph!lotically than Thackeray states It when he says: 

Come wealth or want, come good or ill, 

Let yonng and old accept their part ; And bow before the awful Will, 

And bear it with an honest heart, 

Who misses or who wins the prize. Go, lose or conquer as you can ; But if you fail, or if you rise, 

Be each, pray God, a gentleman. 

I fear, Mr. Speaker, that w bat I have said may ha~e seem~d tt;x> like a cold analysis of what many regard as the leadrng traits m the 

-character of one who since I have held a seat on this floor, up to the 

time of his death, honored me with his friendship, and who was more than Jrind to me always. I have spoken of Mr. WooD more perhaps as the world sawhimaudhadlearned toregnrdhim-able, ambitious, 

polished, courtly, and devoted to the demands of official station. 

He bad other traits, which the great world did not so fully understand. I know that I can speak for the whole junior membel'Ship of 

this House when I bear testimony to Mr. WooD's unvarying courtesy 

to them at all times and the kindness of heart which characterized 

his intercourse with them under all circumstances. He was ever 'l'eady to encourage right effort on their part, ever willing to give to 

them words of kindly counsel and suggestion. I hazard nothing 

in expressing the belief that he found greater pleasure in doing acts 

-()f courtesy a.nd kindness to his younger associates on this floor-and 

that from the purest motives-than to those who had already made 

honored names and had established for themselves nationa.l repnta- . tiona. 

Perhaps I have no right to speak of my late colleague in his domestic 

relations. The home which has been saddened and the home ties w bicb have been severed bv his death seem too sacred almost for discussion here; but it was in his household that the true inner character 

<Of FERNANDO WooD revealed itself. The ambitions leader, he who 

in his working hours was devoted to statecraft, at his home became 

the fond father and easi1y approached companion, the head of a domestic circle that looked up to and loved. and reverenced him. This 

-charmed circle is broken now and stricken by a grief which no words 

of ours can soothe. We have draped the desk of. our late associate 

in mourning. At his broken home is a vacant place, around which 

his loved ones gather and where there is no need of visible toke!J. to 

tell them of their loss. It is present in his very absence; it is felt ·in the weary and unsatisfied longing 

For the t.ouch of a vanished hand, 

And the sound of a voice that is still. 

We can but show to those who are thus near1y and sorely stricken 

that this Congress has paused near the closing hours of its session to -express to them and to the country its deep sense of the loss which 

they and the nation have alike sustained. 

It seems difficult to realize that FERNANDO WooD is dead; that 

the name so familiar to thousands will never again be voiced in the 

tone in which we call the name of the living. His name, honored 

in life, has now the added dignity which comes of death. Though 

he bas passed from among us, he will live in the archives of the city 

whose chief magistrate he was, and in the records of the Federal Congress where for so many years he held distinguished place. He will 

yet live in the thoughts of those who were his associates, and in the 

minds of the many whose interests he protected and whom he most ·devotedly served. 

It is a beautiful tradition-that which prevails with some of the 

people of Germany-that the spirit of one of their dead kings, who 

in his life was revered and honored, sometimes revisits the land of 

his love. When the moon sheds down its softest and its sweetest 

beams upon the earth, the spirit of the good king descends, and passing over the land blesses corn-field and. meadow, and whispers low 

upon the night-wind words of wise counsel to his people. 

Let us hope that when they who have been devoted to the public 

service are taken from us, their labors sharply stopped by the quick 

-decree of death, the influence of their presence may still be felt in 

their accustomed places. Let us seek for the counsels they would 

:utter could they but speak them. Let us listen for the responses 

they would make could they but reply to our questionings. · If these conditions may prevail, FERN~~o WooD, though we 

mourn him dead, will yet remain to us, and will, far into th~ future, 

live and labor for the people whom he served 80 long, so fa1thfnlly, 

and 80 well. 

The resolutions submitted by Mr. Cox were then unanimously 

agreed to. 

In pursuance of one the resolutions just adopted (at nine o'clock 

and fifty-five minutes p. m.) the Htmse adjourned. 

PETITIONS, ETC. 

The followi11g memorials, petitions, and other papers w~re laid on the Clerk's desk, under the rule, and referred as fctllows, VIZ : 

By the SPEAKER : Th.e petition of citizens of W:isconsin, again;rt 

the passage of Senate bill No. 496-to the Committee on Invahd 

Pensions. . By .Mr. NELSON W. ALDRICH: Memorial of the Providence 

(Rhode Island) Board of Trade, against certain features of the flmding bill-to the Committee on Ways and Means. 

By Mr. BARBER: The petition of Tolman & King and others, druggists, of Chicago, lllinois, for the repeal of certain taxes-to the same committee. · By Mr. BERRY: Memorial of the Farmers' and Wheat-Growers' 

Association of California, in regard to an interoceanic canal-to the 

Select Committee on Interoceanic Ship Canal. 

Also, resolutions of the Legislature of California, asking for the 

improvement of Eel River, in that State-to the Committee on Com- merce. By Mr. BLAND: The petition of J. F. Gifford, to be refunded cer- tain moneys paid for public lands-to the Committee on Claims. 

By Mr. BURROWS : The petition of citizens of Michigan, for an income-tax law-to the Committee on Ways and Means. 

Also, the petition of citizens of Michigan, that the Commissioner of 

Agriculture be made a Cabinet ·officer-to the Committee on Agriculture. 

Also, the petition of citizens of Michigan, for the passage of the interstate-commerce bill-to the Committee on Commerce. 

Also, the petition of citizens of Michigan, for the amendment of the 

patent laws-to the Committee on Patents. 

By Mr. COBB: Resolution of the General A8sembly of Indiana, 

asking an appropriation to construct a canal connecting Lake Erie 

with the Wabash River-to the Committee on Commerce. 

By Mr. CRAPO: The petition of P. W. Kenney and others, of Harwich, Massachusetts, against the passage of Senate liill No. 496-to 

the Committee on Invalid Pensions . Dy Mr. CROWLEY: The petition of Charles N. Parker and 24 

others, of similar import-to the same committee. 

By Mr. HORA.CE DAVIS: Memorial of the Chamber of Commerce 

of San Francisco, asking for the passage of Senate bill No. 2022 relative to the Japanese indemnity fund-to the Committee on Foreign 

Affairs. 

Also, resolutions of the Legislature of California, favoring the improvement of Eel River-to the Committee on Commerce. 

By Mr. DUNNELL: The petition of Gustav Anger and 20 othel'B, 

citizens of Minnesota, that salt be put on the free list-to the Committee on Ways and Means. 

By Mr. HEILMAN: The petition of cigar makers and manufact- urers of tobacco, for the amendment of the revenue laws-to the same committee. 

By Mr. HOOKER: The petition of citizens of Mississippi, for legislation on the subject of interstate commerce-to the Committee on Commerce. 

Also, the petition of citizens of Missi-ssippi, for the amendment of 

the patent laws-to the Committee on Patents. 

Also, the petition of citizellB of Mississippi, that the Commissioner 

of A~ricnlture be made a Cabinet officer-to the Committee on Agriculture. 

Also, the petition of citizens of Mississippi, for the imposition of an income tax-to the Committee on Ways and Means-. 

By Mr. HOUSE: ~:lemorial of the Tobacco Board of Trade, af Nashville, Tennessee, asking an appropriation for locks and dams on Cumberland River-to the Committee on Commerce. 

Also, memorial of the Merchants' Exchange, of Nashville, Tennessee, of similar import-to the same committee. 

By Mr. McGOWAN: The petition of D. Anthony and 52 others, 

citizens of Michigan, for legislation to regulate freight rates-to the same committee. 

By Mr. NEW : Resolutions of the Legislature of Indiana, in regard 

to the reconstruction of the Wabash and Erie Canal-to the same committee. 

By Mr. NICHOLLS: The petition of the Grand Division of the 

Sons of Temperance, of Georgia, for the prohibition of the mann- facture and sale of all alcoholic beverages in the District of Columbia-to the ·select Committee on the Alcoholic Liquor Traffic. 

By Mr. O'NEILL: Memorials of 1,760 merchants, mechanics, man- ufacturers, and others, of Philadelphia, Pennsylvania, for the repeal 

of the tax on bank deposits-to the Committee on Way" d Means. 

By Mr. THOMASRYA.N: ThreepetitionsofKansas sol , a ainst 

t!I.e passage of Senate bill No. 496-to the Committee on vall~ Pensions. 
- 2248 CONGRESSIONAL RECORD-SENATE. MARcH 1,. 

By Mr. OTHO R. SINGLETON: The petition of J. P. Harvey and 

others, that the Commissioner of Agriculture be made a Cabinet officer-to the Committe6 on Agriculture. 

Also, the petition of the same parties, for the amendment of the 

patent laws-to the Committee on Patent-a. 

Also, the petition of the same parties, for the regulation of interstate commerce-to the Committee on Commerce. · Also, the petition of the same parties, for an income tax-to the 

Committee on Ways and Means. 

By Mr. EZRA B. TAYLOR: The petition of citizens of Ohio, for 

legislation regulating interstate commerce-to the Committee on Commerce. 

Also, the petition of citizens of Ohio, for the amendment of the 

patent laws-to the Committee on Patents. 

Also, the petition of citizens of Ohio, for an income tax-to the 

Committee on Ways and Means. 

Also, the petition of citizens of Ohio, that the Bureau of Agricultllre be made a Department-to the Committee on 'Agriculture. 

By Mr. VALENTINE: The petition of- A. A. Crandall and 39 others, of Ge8rge H. Chaffee and 22 others, and of E. Whitcomb and 59 

others, of Nebraska, against the passage of Senate bill No. 496-to 

the Committee on Invalid Pensions. . By Mr. VANCE: Resolutions of the General Assembly of North 

Carolina, in favor of reducing taxes on tobacco, "brandy, and snuffto the Committee on Ways and Means. 

By Mr. WEAVER: The petition of E. R. Clarke and 28 others, of 

Burr Oak, Michigan, against the passage of Senate bill No. 496-to 

the Committee on Invalid Pensions. 

IN SENATE. 

TUESDAY, March l, 1881. 

The Senate met at eleven o'clock a. m. Prayer by the Chaplain, 

Rev.J.J.BULLOCK,D.D. . The Journal of yesterday's proceedings was read a..d approv:ed. 

HOUSE BILL .HEFERRED. 

The joint resolution (H. R. No. 373) relative to printing the Agricultnral Report for the year 1880 was read twice by its title, and 

referred to the Committee on Printing. 

EXECUTIVE COMMUNICATIONS. 

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

Secretary of War, transmitting a communication from J. E. Peyton, 

superintendent of the Yorktown Centennial Association, recommending that there be an exhibition of arms, &c., at that celebration similar to that at the Philadelphia celebration in 1876; which was re- ferred to the Joint Select Committee on the Yorktown Centennial 

Celebration. 

He also laid before the Senate a letter from the Secretary of the 

Interior, transmitting a communication from the Commissioner of 

Indian Affairs, recommending such legislation as will enable the ac- counting officers of the Treasury to settle the accounts of I. L. Mahan, 

late United Statelil Indian agent at the La Pointe agency, Wisconsin; 

which was referred to the Committee on Indian Affairs. 

PETITIONS AND ME~IORIALS. 

Mr. ANTHONY. I present the memorial of the Providence Board 

of Trade, an association representing the varied bnsiness interests of 

Rhode Island. The memorial enforces the importance of maintaining the Government securities at par; and petitions Congress t.Q re- peal the taxes upon the circulation, deposits, and capital stock of 

11ational banks in excess of the bonds held by the Government; and 

also respectfully remonstrates against the provision of the funding bill requiring banks intending to go out of business to present 

their own circulating notes to redeem the United States bonds depos- ited for security. 

The memorial was referred to the Committee on Finance. 

Mr. ANTHONY presented the petition of Deborah C. Sayles, of 

Rhode Island, widow of the late Lieutenant-Colonel Welcome B. 

Sayles, Seventh Rhode Island Volunteers, praying that she may be 

granted an increase of pension; which was referred to the Committee on Pensions. 

Mr. JONES, of Nevada, presented resolutions of the Legislature of 

Nevada, in favor of the passage of the Reagan bill, prohibiting discrimination in fares and freights on interstate railroads; which was referred to the Committee on Commerce, and ordered to be printed 

in the REcoRD, as follows : 

.Joint resolution to the Congress of the United States in relation to discrimination 

in fares and freights by interstate railroad companies. 

Whereas the peo.Ple of the State of Nevada have long suffered, and do now suffer, 

1Ulder the impositions and exactions of the Central ~acifto Ballroad Company, which, besides retarding enterprisehinjures the business and prosperity of the peo- ple of this State and amounts to t e most enormous, unjust, and oppressive tax ever laid~ >n the industry of a people ; the said railroad company exercises over the persc d property of others an almost absolute power, vicious and tyrannical, d~,e ·ve of the rights of persons and of property, and opposed to common justice, M\; l as to every principle of civil and constitutional liberty known since 

the days 01 .~ agna Charta. . 

Whereas it is proper that the truth should be known concerning this corporation and ita transactions, the following facts are herein stated: The people of Palisade, distant four hundred and thirty-five miles east from Sacra.mento,.have to pay 

for freight on flour, (fourth class per published special-rate tariff of Central Pa- cifto Railroad) per car-load, the sum of $282 from Sacramento; while the people of 

Toano, one hundred and twenty-nine miles further east, pay freight on flour~ 

car-load, accordin~ to the printed special rate, the sum of $275 per car load; while 

the merohant havmg a contract for some screalled competitive point with this rail- road company, pays frei*ht on the same article, to wit: flour per car-load, only $200. The merchant at Toano having a special contract, pays $82 per ear-load less 

freight than the merchant at Palisade, although as before mentioned the carriage is one hundred and twl)nty·nine miles more. The goods delivered at Palisade or Battle Mountain, distant respectively four hundred and thirty-five and three hundred and eighty-three miles from Sacramento, have a freight charge of $480 per car- load, while at Toano, the freight amounts to $275 per car-load to persons having 

special contract rates for so-called competitive points, the greater service being 

performed for the less amount. Persons ship pin~ wool or other products from Palisade, Battle Mountain, Elko, or other points m thiS State to the Eastern States, have to pay local rates to Sacramento, thencefreightatthroughrates back over tbe.same road to the point of destination, the shipper being often compelled to pay freight! at local rates for a distance of over five hundred miles; a. service useless and un- necessary even if rendered. The same unjust discrimination is practiced by this 

railroad company against the :people of thi.~ State in the rates of freight upon goods 

shipped from pomts east of this State. The freight on a box: of eg~s from Ogden to. Toano costs one man $3.35 per box:, and the same number of eggs, m the same sized 

box: and of the same weight, costa another man sixty-five cents. A hundred pounds 

of squashes costs one man in freight 1.35, while it costa another fifty-five cents. Hams and case goods cost one man 2.04, while it costa another but fifty-five cents. The distance from Ogden to Toano is one hundred and eighty-three miles. The same unjust discrimination is also practiced by this railroad company in passenger 

fares. A ticket from Omaha to San Francisco costs $100, while a. ticket from 

Omaha to Palisade, being six hundred miles nearer, costa $95. A person desiring to go east is charged witnin a fraction of the full fare (through) from San Fran- cisco to the point be desires to reach, alt-hough he may ride over one-third or less 

of the line of the Central Pacific :Railroad. More appalling examples of injustice 

than are shown by the above instances, selected from among a myriad of kindred 

transgressions, are hard to conceive. And 

Whereas such pernicious practices shonld be no longer tolerated: Therefore, 

Be it (by the senate and assembly conjointly) reaolved, That the passage of the bill now before Congress, known as the Reagan bill, prohibiting discrimination in fares 

and freights on interstate railroads, will be hailed with joy by the people of this 

State as a measure of ,justice and relief. 

Resolved, That our Senators in Congress be instructed and our Representative requested to vote for and use all honorable means in their power to secure the 

earliest passage of said Reagan bill. 

Ruolved, That his excellency the governor is hereby requested to transmit an engrossed COPY: of these resolutions, under the great seal of the State, at the earliest 

moment' to each of our representatives in Congress. 

STATE OF NEVADA, 

·&creta:rtJ's Ojftce, sa: I, Jasper Babcock, sooretacy of State of the State of Nevada, do hereby certify that the foregoing is a true, full, and correct copy of the original joint resolution 

which passed the Nevada Legislature on Februa.ry 10, 1881, on file in my office. 

In witness whereof I have hereunto set my hand and affixed the great seal of 

State. Done at office in Carson City, Nevada, this 16th day of February, A. D. 1881. 

[SE.ll.] · JASPER BABCOCK, 

Secretary of State. . By J. G. CITEBLEY, Deputy. 

~Ir. JONES, of Nevada, presented resolutions of the Legislature of 

Nevada., favoring an appropriation of $50,000 for the erection of a. building in Carson City for the use of United States offices; which were referred to the Committee on Public Buildings and Grounds. 

REPORTS OF COMMITTEES. 

~Ir. LAMAR. I am instructed by the Committee on Railroads, to 

whom was referred the bill (H. R. No. 6061) to incorporate the Cherokee and Arkansas River Railroad Company, to report it without 

amendment. I propose that it be substituted for the bill (S. No. 1553) 

to incorporate the Cherokee and Arkansas River Railroad Company, now npon the Calendar, and I -ask that it be considered at this time. 

Mr. TELLER. I think the Senator from Ohio [Mr. PENDLETON] 

desires to be here when the bill is considered. 

The VICE-PRESIDENT. The Senator from Ohio is in the Chamber. 

Mr. COCKRELL. I object to the present consideration of the bill. 

The VICE-PRESIDENT. Objection is made. 

1\Ir. TELLER. I did not object; but I said that I understood the 

Senato;r from Ohio wishes to be here when the bill is considered. I 

understand that the Senator from Missouri [Mr. COCKRELL] objects. 

The VICE-PRESIDENT. The Senator from Missouri objects. It 

requires unanimous consent to consider the bill at this time, and it 

will be placed on the Calendar. 

Mr. BAYARD, from the Committee on Finance, to whom wa.s re- ferred the bill (H. R. No. 1650) for the relief of Edward T. Brownell, 

reported it without amendment. 

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

(H. R. No. 6034) for the relief of the personal representative of George 

W. Henderlite, deceased, reported it without amendment. 

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

(S. No. 1159) for the relief of Jacqnelin M. Wood, of Lynchburgh, 

Virginia, reported it with amendments. 

Mr. CALL, from the Committee on Patents, to whom was referred 

the bill (S. No. 1622) for the relief of Isaac E. Palmer, reported it 

without amendment, and submitted a report thereon ; which was ordered to be printed. 

Mr. EATON. The Committee on Foreign Relations, to whom were referred a message from the President of the United States, sundry bills, resolutiens, and recommendations of boards of trade in regard to 

the construction of an interoceanic canal or rail way across the Isthmns, ru~k to be discharged from the fnrther consideration of all these 

snbjects, thinking that the time has not yet arrived when the Congress of the United States should express its opiB.ion with regard ro