1876. CONGRESSIONAL RECORD-HOUSE. 526L 

gling to reduce expenditures compelled to confront the menace of the Senate and 

Executive. Unless the objectionable appropriations be consented to, theo;perllotions 

of the Government thereunder shall suffer detriment or cease. In my JUdgment an amentlment of the Constitution ought to be devised separating into distinct bills 

the appropriations for the various departments of the public service and excluding 

from ea h bill all appropriations for other objects and all independent legislation. 

In that way alone can the revisory power of each of the two Houses and of the Ex· ecutive be preserved and exempted from the moral duress which often compels as· sent to objectionable appropria.tions rather than stop the wheels of the Govern· ment. .An accessory cause, enhancing the distress in business, is to be found in the systematic and unsupportable misgovernment imposed on the States of the South. 

Be ides the ordiriary effects of an ignorant and dishonest administration, it has 

inflicted upon them an enormous issue of fraudulent bonds, the scanty avails of 

which were wasted or stolen, and the existence of which is a public discredit, tend· 

ing to bankruptcy or repudiation. Taxes, generally oppressive, in some instances 

have confiscated the entire income of property and totally destroyed its marketable value. It is impossible that these evils should not react upon the prosperity of 

the whole country. The nobler motives of humanity concur with the material inl rests of all in reqniring that every obstacle be removed to a complete and dura. 

ble reconciliation between kindred populations, once nnnaturallyestranged, on the 

basis recognized by the Saint Lonis platform, of the ''Constitution of the United 

States with it!! amendments universally accepted, as a final settlement of the con- troversies which engendered civil war." But in aid of a result so beneficent the 

moral influence of every good citizen, as well as every governmental authority, 

ought to be exerted, not alone to maintain their just equality before the law, but 

likewise to establish a cordial fraternity and good-will among citizens, whatever 

their race or color, who are now nnited in the one destiny of a common seH.govern- mont. If the duty shall be assigned to me, I should not fail to exercise the powers with which the laws and the Constitution of our country clothe its Chief .Magistrate 

l<O protect all its citizens, whatever their former condition, in every political and 

personal right. Reform is necessary, declares the Saint Louis convention, to establish a sound 

currency, restore the public credit, and maintain the national honor; and it goes on to demand a judicious system of preparation by public economies, by official 

retrenchments, and by wise :finance, which shall enable' the nation soon to assure the whole world of its perfect ability and its perfect readiness to meet any of its 

promises at the call of the creditors entitled to payment. The object demanded by 

the convention is a resumption of specie payments on the 1egal·tender notes of 

the United St.ates. That would not only restore the public credit and maintain the 

public honor, but it would establish a sound currency for the people. The meth· 

ods by which this object is to be pursued and the means by which it is to be at- tained are disclosed by what the convention demanded for the future and by what 

it denounced in the pastn 

Mr. EATON. Ur. President, these are the words, not of a lunatic, 

but these are the words of a sagacious, far-seeing statesman; a man who knows what he is talking about. Think of it for one mo- ment, let it come home to this Senate that within eleven years 

there have been taken from the pockets of the people more than 

$7,500,000,000 in the way of taxes. Sir, the income of the people, as · 

Mr. Tilden says, cannot stand this drain upon their resources. It is 

utterly impossible that they can stand it. We hope to see the same change in the United States after the election of Samuel J. Tilden, 

which I do not permit myself to doubt as I ~m not a heretic, that has 

occurred in the State of New York. The taxation of the State of 

New York before the accession of Mr. Tilden to ~owerwas$16,000 000 

annually. A.fter his accession to power it was $8,000,000. Now I devotes, and not from n. high sense. of duty and honor, then of course the 

words mean nothing; but if as an honest man, if as a representative man of one-half of all the intelligence of this broad land, no, not one- half, but all of it; I say if he wrote it as an honest man, and as a representative of me, and you, and you and all the other democrats of 

this broad land, then the man who would ask for more is not honest; 

the man who would sneer at it would sneer at his dying mother. I 

say, sir, it is all that an honorable man says if he means it, and, God 

helping me, I believe he does; in my heart of hearts, I believe he does . I mean it. I mean the country to understand that he means it. The man who stands upon this floor, or any other floor, and undertakes to sneer down the honest language of an honest man may go before the 

people and they will sneer him down. 

Mr. COCKRELL. Mr. President, the Senator yields to me-- :Mr. SHERMAN. Unless the Senator from Connecticut himself 

desires an adjournment, I think we had better finish this political 

discussion and go on with important business to-morrow. 

Mr. EA.TON. :My friend from Ohio should recollect that it is ex- tremely hot, and I am tired. I hav_e agreed to yield for an adjournment. 

Mr. SHERMAN. If the Senator desires it himself, I shall not object. ~Il:. ANTHONY. I do not wish the Senator to go on if it is not convenient for him. 

Mr. EA. TON. I do not care whether I go on in the morning, if there 

is anything particular to be done then, or the next day or next week 

if we a1·e going to stay here that long. 

Mr. ANTHONY. ! am afraid we are, and I suggest whether it would 

not be well to lay this aside informally and take up the subject that was before us when this was taken up. 

Mr. PATTERSON. I hope that will not be done. 

:Mr. SAULSBURY. The Senator from Connecticut ought to have 

the privilege of concluding his speech. If this goes over it may not 

be taken up again. 

Mr. SHERMAN. There is no danger of that. 

Mr. COCKRELL. I move that the Senate adjourn. 

Mr. BOUTWELL. I should like, if that motion could be withdrawn, 

to move for an executive session. 

Mr. COCKRELL. Very well. 

EXECUTIVE SESSION. 

:Mr. BOUTWELL. I submit that motion. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After five minutes spent in executive ses- sion, the doors were re-opened and (at five o'clock and five minutes 

p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

sire every Senator to coolly and deliberately take the opinion which 

I utter into consideration. I say we cannot stand it, and nobody 

knows better than my distinguished friend from Massachusetts whom 

I now have in my eye, [Mr: BoUTWELL,] that we cannot stand a con- . MONDAY, August 7, 1876. 

t~ued taxation o~ $"750,000,000 a year; the industries of the people The House met at twelve o'clock m. Prayer by the Chaplain, Rev. 

will not warrant· 1t; and therefore I sav on the floor of the Senate, 

with the responsibility of a Senator attached to my saying, that four I. L. ToWNSEND. 

years more of personal government of this sort and you cannot pay . The Journal of Saturday last was read and apl?roved. 

your debts at all. I commend this to the consideration of the hon- Several gentlemen rose and addressed ~he Chau. . orable Senator :q·om Massachusetts, who gave me some tables to The SPEAKER pro tern.vo1·e. The Chau can recogruze n~ gentlewhich I shall allude before I get through, that the United States are man, except for a correction of the Journal, before the mormng hour 

now paying and have been paying for the last eleven years $750,000,000 to-day. a year in the shape of taxes. They cannot stand under it; the industries of the country do not admit of a payment of that sum in 

the way of taxes ; and therefore if this matter is continued for four 

years longer down go your notes and down goes the price of your 

bonds .. There must be a change here such as th~re was in New York, 

where mstea-d of $161

000,000 a year the taxatwn was reduced to 

$8,000,000 a year, and mstead of $144,000,000 or $150,000,000 a year for 

the carrying on of the Government of the United States the figures 

must be brought down to $85,000,000 or $90,000,000 a year, so that the 

surplus may go to .pay the debt of the country and thus keep its 

bonds at their price and keep its currency where it now is. 

But I did not mean to be drawn into a discussion of that sort. It 

only came from a remark which Mr. Tilden used in his letter of ac- ceptance. It will do to read again : The nobler motives of humanity concur with the material interests of all in re- q uiring ~hat every obst:tcle be removed to a complete and durable r!ICOnciliation be- tween "kmdred populations once nnnaturally e~tranged on the basis reco!!'llized by 

the Saint.Lonisplatform of the "Constitution of the-united States, with i't8amend· ments umversally accepted as a :final settlement of the controversies whichen.:rendered civil V{ar ;" but in aid of a result so beneficent to the moral influence of :very 

citizen, as well as every governm~ntal authority~.~ught to be exerted, not alone to maintain their just equality before the law, but liJrewise to establish cordial £ra. 

ter;Dal, .and good-will a:mong citizens, whatever their race and color, who a.re' now umted m the one destiny of a common self.government. If the duty shall be as- signed to me J. should not fail to exercise the powers with which the 'laws and the 

Constitution u~ our country clothe its Chief Ma!rlstrate to protect all its citizens 

whatever their former condition, in every political and personal right. ' 

Mr. President, if this be false, no matter what was said could not 

add to it; but if it be true, in the name of the common Father of us all, what more. can be asked from any li~n~ man, a candidate for any 

place' If h~ IS false to t~at, _untrue to 1~, if he wrote it fo:t; the purposes of decmt and deceptwn, if he wrote 1t for the purposes of getting 

CORRECTIO:N. 

Mr. HARRISON. I think I a:n entitled to the floor to correct the 

RECORD as a. question of privilege. 

The SPEAKER pro tempore. The Chair will hear the gentleman. 

Mr. HARRISON. I find, sir, that in the REcoRD of A.ugust 4, un- der the head of "Correction of error in enrollment," a motion was made by Mr. CLARK, of Missouri, to correct a bill. I find also in the 

proceedings of the Senate in the REcoRD of A.ugust 5 that one of 

the Senators spoke of these corrections and errors in enrollment as of frequent occurrence. I wish, in behalf of the Committee on Enrolled Bills and also of the clerk, to state that these were not errors of enrollment, but were errors in the original bills. The bills were enrolled properly,and the gentleman who compared them, [Mr. BAKER, 

of New York,] who is now absent, feels it due to him that this cor- rection should be made. 

ORDER OF BUSINESS. 

The SPEAKER pro t~pore. The morning hour commences at fifteen minutes past twelve o'clock, and this being Monday, the first 

business in order is the call of the States and Territories, beginning 

with the State of Maine, for the introduction of bills and joint reso- lutions for reference to their appropriate committees, not to be brought 

back on motions to reconsider. Under this call memorials and reso- lutions of State and territorial Legislatures may be presented for ref- erence and printing. 

TRACKS OF BALTIMORE AND OHIO RA.lldtOAD. 

Mr. HA.LE introduced a bill (H. R. No. 4066) requiring the removal 

of the tracks of the Baltimore and Ohio Railroad from certain-streets 

in the city of Washington, and for other purposes; which was read a first and second time. 
5262 CONGRES~IONAL RECORD-HOUSE. AUGUST 7, 

Mr. HALE. I call for the reading of the bill. 

The hill was read in full, aad referred to the Committee for the 

District of Columbia. 

EFFICIENCY OF THE ENGINEER CORPS. 

Mr.BALLOU introduced a bill(H.R.No.4067)topromote efficiency 

in the Engineer Corps ; which wa~ read a first and second time. 

Mr. HURLBUT. I call for the reading of the bill. 

The bill was read in full, referred to the Committee on Naval Al.-

fairs, and ordered to be printed. 

MRS. JANE B. WILCOX. 

Mr. MEADE introduced a bill (H. R. No. 4068) for the relief of Mrs. 

Jane B. Wilcox, of Jefferson County, in the State of Mississippi; 

which was read a first and second time. 

Mr. HALE. I call for the reading of that bill. 

The bill was read in full, referred to the Committee on 'Var Claims, 

and ordered to he printed. 

ROBERT A. M1DONALD. 

Mr. STENGER introduced a bill (H. R. No. 4069) granting a pension to Robert A. McDonald; which was read a first and second time, 

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

printed. 

' ELIZABETH W. REED. 

:Mr. STENGER also introduced a bill (H. R. No. 4070) granting a pension to Elizabeth W. Reed; which was read a. first and second time, 

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

printed. 

ELlAS D. BRUNNER. 

Mr. ROBBINS, of Pennsylvania, introduced a bill (H. R. No. 4071) 

granting a pension to Elias D. Brunner; which was read a first and 

second time, referred to the Committee on Invalid Pensions, and or- dered to. be printed. 

CHEAP TRANSPORTATION OF FREIGHT. 

Mr. O'BRIEN (by request) introduced a bill (H. R. No. 4072) to 

provide for cheap transportation of freight between tide-water on or nea.rtheAtlantic Ocean and the Ohio and Mississippi Valleys; which was read a first and second time. .l\fr. O'BRIEN. I ask that the bill be read at length. 

Mr. FORT. I cannot see any reason for reading that bill; it is 

already printed. · 

Mr. O'BRIEN. I desire that the bill be read, in order that the gentleman from Illinois [Mr. FORT] may be informed as to its provisions. 

The SPEAKER pro tempore. The .. gentleman from Maryland [Mr. 

O'BRIEN] has a. right to have the bill read. 

The Clerk began the reading of the bill; but before concluding, 

Mr. SPRINGER said: ·I ask that the further reading of this bill be 

dispensed with. I believe the gentleman from Maryland [.Mr. O'BRIEN] 

does not insist upon the further reading. 

.Mr. HALE. Let the bill be read. 

The SPEAKER pro tempO"re. The Clerk will proceed with the reading of the bill. . The Clerk resumed the reading of the bill; but before concluding, 

Mr. LAWRENCE said: I suppose this reading is for the purpose of 

consuming the morning hour. I ask unanimous consent to be aJ.lowed 

to introduce a joint resolution to be referred to the Committee on the 

Judiciary. · 

The SPEAKER pro ientpore. That cannot be done. The gentleman can ask unanimous consent to dispense with the further reading of 

this bill, and then he can introduce his joint resolution when the State 

of Ohio is called. · Mr. LAWRENCE. Well, I ask that the further reading be d.ispensed with. 

There was no objection; and the bill, without further reading, was referred to the Committee on Railways and Canals* 

AMENDMENT OF THE REVISED STATUTES. 

Mr. W .ALKER, of Virginia, introduced a bill (H. R. No. 4073) to 

amend section 2997 of the Revised Statutes; which was read a first 

and second time, referred to the Committee of Ways 'and Means, and 

ordered to be printed. 

REPORTS OF INVESTIGATING COMMITI'EES. 

Mr. DOUGLAS. I send a resolution to the Clerk's desk to be read, ·and a-sk that it be referred to the Committee on Rules. 

The Clerk read as follows: 

Resolved, That the rules be so amended as to allow the committees of investiga· tion to report at any time during this session. · 

Mr. HURLBUT. Simple House resolutions are not in order under 

this call. 

The SPE.AKER pro ten,pore. They are not in order nnder this call. 

Mr. HURLBUT. I caJl for the regular order. 

.Mr. COX. This resolution can be offered under the second call of 

the morning hour. 

The SPEAKER pro temp01·e. If there be a second call. 

Mr. LEVY. I desire to introduce a bill for the relief of John F. 

Cheney, a resident of Feliciana Parish, in the State of Louisiana. 

Mr. HALE. Let it be read. 

Mr. COX. I desire to raise a. point of order in regard to the resolution of the gentleman from Virginia, [Mr. DouGLAS.] By reference 

to page 205 of Barclay's DigestMr. HALE. I call for the regular order. . The SPEAKER pro t-empore. The gentleman from New York [Mr. 

Cox] rises to a point of order. 

Mr. COX. My point of order is that by reference to Barclay's Digest, page 205, the following will be found : 

A resolution to amend the rules may be read and referred to the Committee on Rules during the~ call, of the States and Territories in the morning hour of Mon · day, and thus constitutes notice, according to the usages of th~ House. 

The SPEAKER pro tempore. If this is a resolution to amentl the 

rules for reference to the Committee on Rules, it was clearly in order 

under this call. At the time the resolution was read the attention of 

the Chair was taken up by ·members speaking to him, and the Chair 

supposed it was a simple Honse resolution. 'fhe point of order of the 

gentleman from New York [Mr. Cox] is well taken. A resolution to 

amend the rules for reference to the Committee on Rules is in order 

during the first call of the morning hour, and constitutes the notice 

required for an amendment of the rules. The resolution, therefore, 

will be referred to the Committee on Rules, and printed. 

Mr. HALE. I move to amend the motion to refer by substituting 

the Committee on Appropriations for the Committee on Rules; and 

upon that amendment I call for the yeas and nays. 

Mr. RANDALL. I object to that reference. 

Mr. HALE. The gentleman may object to it, and can show his objection by voting against it. 

Mr. RANDALL. A proposition to change the rules should go to 

the Commifltee on Rules. 

Mr. HALE. That is not a debatable motion, and I call for the 

regular order. 

Mr. COX. I raise the point of order that the gentleman cannot 

make that motion. 

Mr. HALE. This is the first time I ever heard the point made that a. change of reference cannot be moved. · The SPEAKER pro tentpore. The Chair cannot deprive the gentle- man from Maine [Mr. HALE] of his right to move to amend the mo- tion to refer. The House can do what it pleases about the amendment. 

Mr. COX. The gentleman from Maine made his motion too late. 

The Chair certainly had stated that the resolution wa-s referred to 

the Committee on Rules. 

Mr. 'HALE. I rose in my place before the Chair i"na<le any an- nouncement. 

Mr. O'BRIEN. I rise t.o a point of order, and I desire the Chair t.o 

hear it, because it is a legitimate one. My point of order is that 

under the rules of the House a resolut!ion to amend the rules must be 

referred to the Committee on Rules. We can only suspend a. rule of 

the House by a two-thirds vote. A motion which may be ordinarily 

canied. by a majority vote, such as a motion to refer some matter to 

the Committee on Appropriations, is not in order in this case1 because 

the rule requires a resolution for an amendment of the rules to be re- ferred to the Committee on Rules, and that 'rule cannot be suspended 

except by a. two-thirds vote. 

Mr. HALE. I do not know that the Chair has any doubt about 

the matter, but the answer ·to that point is that, although the rule 

declares that all subject-matters shall be referred to their appropriate 

committees, it has always been held that during the morning hour 

of Monday a motion may be made to refer a bill or resolution to any 

committee, and that motion must be voted upon. 

Mr. BANKS. I desire t.o say that a.s this proceedin~, snggested by 

the gentleman from New York, is one which revolutionizes the proceedings of legislation, I would like to hear read the rule nnder which 

the Committee on Rnles is appointed, that we may ascertain what 

authority the House has over this subject. 

Mr. RANDALL. In what respect does this resolution revolqtionize 

anything' . Mr. BANKS. Because under this role, before four o'clock to-day, 

this House can have abolished the Supreme Court of the United States 

and placed upon the bench of that court any number of ita members 

that it may choose. 

Mr. SPRINGER. I suppose any bill which the House might pass 

would have to be concurred in by the Senate and approved by the 

President of the United States. 

Mr. BANKS. I am speaking of the action of the House. 

Mr. COX. There is no revolution about this proposition; it is only intended to facilitate business. · 

Mr. BANKS. I ask for the reading of the rule which authorizes 

the appointment of the Committee on Rules, so that we may know ~~il~ . 

The SPEAKER pro temp01·e. Will the gentleman be kind -enough to 

send the rule to the Clerk's desk' · :Mr. BANKS. It is not for me to send the rule to the Clerk's desk. 

Mr. COX. I understand there are only three minut-es left of this 

hour. I desire the Chair to decide this question, so that I may have 

the benefit of the rules. 

Mr. WILSON, of Iowa. I think I can answer the inquiry of the 

gentleman from Massachusetts, [Mr. BANKs.] The authority in the case is the same as the aothodty for nine-tenths of our legislation. 

Mr. BANKS. I do not want to hear anything about the other ninetenths. 
I 

~ 

1876. CONGRESSION.A1 · RECORD-HOUSE. 5~63 

Mr. WILSON, of Iowa. I beg permission to say that the authority 

is a decision made by the la,st House on an appeal from the ruling of 

Mr. Speaker Blaine, that a resolution to amend the rules could be re- ferred to the Committee on Rules in the morning hour of Monday . . That decision will be found on page 205 of the Digest. 

Mr. BANKS. That decision of the Speaker is perfectly right-that a resolution to change the rules can be presented in the morning hour 

of Monday; that is by an express provision; but I want to know what 

t.I.Je authority is for the appointment of the Committee on Rules. 

Mr. COX. I do not want to have the morning hour exhausted, as time is of the essence of this matter. It has never been disputed that 

all resolutions to amend the rules go to the Committee on Rules aa of 

conrse; and no motion to refer to another committee is in order. 

l\Ir. BANKS. Such a proposition as this does not go to the Committee on Rules as of course; and it never has been suggested in this 

House that when a proposition is made to refer a subject to one com- mittee, the substitution of another committee might not be proposed 

-bv way of amendment. That is always allowed; and the motion of 

the gentleman from Maine is clearly in order. 

.Mr. HALE. The matter of reference must be for the House to 

settle. 

Mr. COX. I will ask the Chair whether, under the rules, this is 

notice of this resolution f That is all I wish. I do not ask to have the 

resolution adopted now. I desire only to give the notice required by 

the rule. 

llr. VANCE, of Ohio. Has the morning hour expired f 

The SPEAKER p1·o tempore. It has not. The Chair will ask the ~entleman from New York [Mr. Cox] to repeat his laat statement, 

which the Chaii did not hear. 

.Mr. COX. My last statement was that the offering of this resolution, whatever may be the action of the House upon it, is tantamount 

to notice, which is all I desire at this time, so that the Committee on Rules may bring the resolution back at any time. 

The SPEAKER pro te-mp01·e. Under the decision of the Speaker of 

t.he last House it certainly is notice. During the last session the then 

Speaker of the Ho118e, a.s the Chair remem bel'S, ruled distinctly that 

it was in order to present during the first call of the morning hour of 

Monday a resolution for reference to the Committee on Rules, and 

uy implication that it was not in order tQ uresent it for any other reference; and that such presentation was tantamount to the notice r~ 

quired under the rules for a proposition to amend the rules. The 

Chair therefore holds that this resolution must be referred, nuder the 

rules, to the Committee on Rules. 

.l\lr. HALE. Does the Chair overrule my motion 7 

The SPEAKER pro tempore. The Chair does overrule it. 

Mr. HALE. Then I take an appeal. 

Mr. SPRINGER. I believo i1ie morning hour has e~ired f 

The SPEAKER pro tentp~re. It has. 

Mr. HALE. Then, as I understand, this matter is hung up on the 

appeal. It is not an agreeable thing for me to take ail appeal from 

the decision of the Speaker-- · _ The SPEAKER pro tentpore. The Chair will certainly entertain the 

appeal. 

Mr. HALE. Then the matter stands suspended on the appeal. 

Mr. COX. The gentleman has made the appeal after the expiration of the morning hour; and it is too late. 

Mr. SPRINGER. If the appeal is entertained, I move to lay it on the table, and on that motion I demand the yeas and nays. 

1\-!r. HALE. Pending that, I make the point of order that the morn- ing hour has expired and this matter goes over. · The SPEAKER p1·o ten1pore. The morning hour does not necessarily 

expire unless some business of higher privilege arises to bring it to a close. The pending queation is on the motion of the gentleman from 

Illinois [Mr. SPRINGER] to lay on the table the appeal from the decision of the Chair. 

:Mr. BURCHARD, of lllinois. Will the Chair state his ruling from 

which the appeal is taken, so that the House may understand the 

question f 

The SPEAKER pro tempore. The Chair has decided it is in order 

during the first cal1 on Monday to introduce a simple resolution for 

reference to the Committee on Rules; that its introduction and readingat that time is equivalent to notice; and reference to the Committee on Rules is in order at that time; that it is not in order during the 

moming hour of Monday to introduce a simple House resolution for 

reference to any other committee except the Committee on Rules. 

From that decision the gentleman from Maine takes an appeal. 

Mr. SPRINGER. And I move to lay that appeal on the table. 

M..r. HOAR. The Chair rules that it is not in order to move an amendment to the reference 7 

The SPEAKER pro tempore. The Chair has simply decided that it 

is not in order during the morning hour of Monday to introduce a simple House resolution for reference to any other committee. 

Mr. HALE. I rise to a question of order. 

Mr. SPRINGER. One question of order is already pending and the 

gentleman cannot rise to another as under the rules two points of 

order cannot be pending at the same time. 

The SPEAKER pro tempore. The Chair thought the gentleman from 

Maine rose in reference to this same matter. 

Mr. HALE. It is on the same matter. I want the ruling of the 

Chair distinctly as to the position of the resolution introduced by the 

gentleman from New York. I made a motion to refer it to the Com. mittee on Appropriations, and the Chair oveuuled that motion. J 

reluctantly, only to save the point, took an appeal. Pending that the 

morning hour expired. I ask the Chair to state where the resolution 

is, because it claimed it is now in the Committee on Rules. I ask the 

Chair to rule where that resolution is. If it has gone to the Committee on Rules, then the appeal is 118eless. 

Mr. RANDALL. It ha.s gone to the committee by the decision of 

the Chair, and until that decision is reversed it will remain there. 

Mr. SPRINGER. I call for a vote on my motion to lay the appeal on the table. 

Mr. BURCHARD, of illinois. I demand a division of the House. 

The Honse divided; and there were-ayes 110, no 1. 

:Mr. ~E. No quorum. 

Mr. RANDALL. I demand the yea.a and nays. 

The yeas and nays were ordered. 

Mr. COX. Before the vote is taken I should like to inquire of the 

Chair whether the resolution has not already gone to the Committee on Rulesf 

The SPEAKER pro ternpore. The Chair thinks it is ~here, unless 

the decision of the Chair is reversed. 

The question waa taken; and the vote was-ayes 121, nays 11, not 

voting 153 ; as follows: 

YEAS-Messrs. Ainsworth, .Anderson, Ashe, At\tins.Ba,.by, John H. Bagley, jr., 

Banning, Beebe, Blackburn, Bland, Boone, Bradford, Bri.e;fit, Cabell, John H. Caldwell, William P. Caldwell, Campbell, Care, Caulfield, Chittenden, John B. Clarke 

of Kentucky, John B. Clark,,jr., of Missouri, Clymer, Cochrane, Cook, Cox, Cutler, Davis, Dibrell, Dou~las, Durham, Eden, Felton, Finley, Forney, Franklin, 

Gause, Gibson, Goode, unnrer, Andrew H. Hamilton, Hardenbergh, Harrison, 

Hartzell, Hays, Hereford, Abram S. Hewitt, Goldsmith W. Hewitt, Holman, Hook- er, Hopkins, House, Hunton, Hurd, Thomas L. Jones, Kehr, Franklin Landers, 

Lane, Levy, Lewis, Lord, Luttrell, Lynde, Mackey, Maish, McMahon, Meade, 

Metcalfe, Milliken, Morgan, Mutchler, New, O'Brien, Odell, PI\Ylle, Phelps, Piper, 

Poppleton, Powell, P..anrlall, Rea, Reagan, John Reilly, Ridille, John Robbins, 

William M. Robbins, Miles Ross, Savage, Scales, Sheakley, William E. Smith, 

Southard, Springer, Srenger~ t:ltevenson, Stone, Teese, Terry, Thompson, Throck- morton, Tucker, Turney, Jonn L. Vance, Robert B. Vance, Waddell, Charles C. 

B. Walker, Gilbert C. Walker, Walsh, Ward, Erastns Wells, Whitthorne, Wigginton, Willard, Alpheus S. Williams, James D. Williams, J eremiah N. Williams, 

Willis, Wilshire, Benjamin Wilson, Woodburn, and Young-121. 

NAYS-Messrs. John H. Baker, Banks, Burleigh, Caswell, Joyce, Kimball, Magoon, O'Neill, Platt, Robinson, and Sampson-11. 

NOT VOTING-Messrs. Abbott, Adams, Geor"e A. Bagley, William H. Baker, 

Ballou, Bass, Bell Blair, Bliss, Blount, Bradloy, John Young Brown, William R. 

Brown, Buckner, Horatio C. Burchard, Samuel D. Burchard, Candler, Cannon, 

Cason, Chapin, Collins, Conger, Cowan, Crapo, Crounse, Culberson, Danford, Da.rrall,lDavy, DeBolt, Denison, Dobbins, Dunnell, Dru·and, Eames, Egbert, Ellis, Ely, 

Evans, Faulkner, Fort, Foster, Freeman, Frye, Fuller, Garfield, Glover, Goodin, 

Hale, Robert Hamilton, Hancock, Haralson, Benjamin W. Han·is, Henry R. Harris, 

John T. Harris, Hartridge, Hatcher, Hathorn, Haymond, Hendee, Henderson, 

Henkle, Hill, Hoar, Hoge, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, Jenks, 

Frank Jones, Kasson, Kelley, King, Knott, Lamar, Ge?rfte M. Landers, Lapham, Lawrence, Leavenworth, Le Moyne, Lynch, MaoDouv;au, McCrary, McDill, McFarland, Miller, Mills, Money, Monroe, Morrison, Nash. Neal, Norton, Oliver, 

Packer, Page, John F. Pbilips, William A. Phillips, Pierce, Plaisted, Potter, Pratt, Pnrman, Rainey, James B. Beilly, Rice, P.oberts, Sobieski Ross, Rusk, Sayler, 

Schleicher, Schumaker, Seelye, Singleton, Sinnickson, Slemons, Smalls, A. HenSmith, Sparks, Spencer, Strait, Stowell, Swann, Tarbox, Thomas, Thornburgh, Martin L Townsend, Washington Townsend, Tufts, Van Vorhes, Wait, Waldron, 

Alexander S. Wallace, John W.Wallace, Walling, Warren, G.Wiley Wells, Wheeler, Whire, Whirehouse,Whiting, Wike, Andrew Williams. Charles G. Williams, James Williams. William B.. Williams, James Wilson, Alan Wood, jr., Fernando Wood, 

Woodwdrth, ·and Yeates-153. . 

During the roll-cal1, 

Mr. CONGER stated that his colleagnes1 Mr. ·wALDRON and :Mr. 

BRADLEY, were absent by leave of the House. . The SPEAKER pro tempore. The vote is 121 yeas to 11 nays. 

Mr. HALE. There is no quorum voting. 

The SPEAKER pro tempore. That fact being developed on the call 

of the roll, no motion is now in order except a motion to adjourn or that there be a call of the Ho118e. 

Mr. SAVAGE. I move that there be a call of the Honse. 

Mr. O'BRIEN. I move the House adjourn. 

Mr. HOLMAN. No; let us have a call of the Honse. 

The SPEAKER pro tempore. The motion to adjourn takes preced- ence of the motion that there be a call of the House if insisted on. Mr. O'BRIEN. As it seems to be the general wish, I withdraw the 

motion to adjourn, so we may have a call of the House. 

The motion that there be a call of the House was agreed to. 

The Clerk proceeded to call the roll; when the following members 

failed to answer to their namea : · 

Messrs. Abbott, Banks, Bass Bliss, Blount, Bradley, John Young Brown, Buck- ner, Samuel D. Burchard, Candler, Chapin, Collins, Cowan, Crapo,',Cnlbersoni Dar. 

rail, De Bolt, Denison, Dobbins, Douglass, Dunnell, Ellis, Ely, Evans, Fan kner, 

Fuller, Garfield, Glov~r, Robert Hamilton, Hancock, Haralson, Henry R. Harris, 

John T. Ranis, Hatcl1er, Hathorn, Hays, Hendee, Henkle, AbramS. Hewitt, Hill. 

Houe, Hoskins, Hunrer, Jenks, Frank Jones, Kelley, King, Knott, Lamar, George M. 'tanders, Leavenworth, LeMoyne, Lynch, Money, Neal, Oliver, John F. Phil- lips.~ Plai~ted,Pratt, Purman, .Tames B. Reilly, Roberts, Sobieski Ross, Schumaker, 

SOOtye, Sincleton, Sparks, Stowell, SwannJ Tarbox, Throckmorton, Martin L Townsend, Waldron, Alexander S. Wallace,.Tonn W. Wallace, Walling, Warren, Wheel- er, Whit-e, Whirehouse, Wike, Andrew Williams, Charles G. Williams, .Tames Williams, William B. Williams, Benjamin Wilson, Alan Wood, jr., Fernando Wood, and Woodworth. 

The SPEAKER p1·o ternpm·e. The Doorkeeper will now see that the 

doors are closed. The calling of the roll develops the fact that one hundred and ninety-six members are pres(;}nt. What is the pleasure 

of the House. 

Mr. COX. I move that all further proceedings under the call be 

dispensed with. 
( 

5264 CONGRESSIONAL RECORD-HOUSE . AUGUST 7, 

Mr. CASWELL. I rise to a question of order. The morning hour 

has expired, and I desire to move to suspend the rules--

The SPEAKER pro tempore. The gentleman cannot by that motion 

interrupt' the proceedings under.the call of the Honse. 

Mr. CASWELL. I move to dispense with further proceedings 

under the call. 

The SPEAKER pro tmnpore. The gentleman from New. York [Mr. 

Cox] has already made that motion. 

The motion of Mr. Cox was agreed to; and all further proceedings 

under the call were dispensed with. 

Mr. SPRINGER. What is the pending question f 

The SPEAKER .pro ten~pore. The question is on laying on tho table 

the appeal from the decision of the Chair. 

Mr. SPRINGER. I call for the regular order. 

The SPEAKER pro tempore. The regular order is that question, on which the yeas and nays have been called; and on that roll-call a quorum did not vote. 

Mr. HALE. Before the roll is called again, let me suggest as re- gards this matter of investigatin~ committees making reports that 

this side of the House has not obJected to committees reporting. 

Mr. SPRINGER. I object to debate. 

Mr. HALE. I do not think the ~entleman from New York [Mr. 

Cox] will object to my making a bnef statement. 

Mr. SPRINGER. I am objecting. I am not answering for the gentleman from New York. 

Mr. HALE. When the minority reports are ready to be presented 

with the majority reports, this side of the House does not object and 

in such cases has not objected. 

Mr. COX. Will the gentleman give assurance that the same course will be pursued in this respect hereafter as heretofore f If it can be 

agreed that the!le reports may be promptly brought before the House 

and action taken upon them, all this proceeding can be withdrawn. 

Mr. HALE. It is not for me to give an assurance of that kind for 

this side of the House. I can only call the attention of the gentle- man to what has been done heretofore in the case of the reports of 

the Naval Committee and others. So far as I am aware, when com- mittees are prepared to report and the majority and minority reports are both ready, we do not on this side of the House propo e to object 

to these reports being made. But this resolution would leave us en- tirely at the mercy of a majority of the House, to present their report 

without being accompanied by the views of the minority. 

Mr. SPRINGER. We do not intend to take any such advantage 

of it. 

Mr. COX. Such a thing has not been done thus far, that a majority 

report has been presented without the minority report accompanying 

it. The only trouble has been that ~entlemen have objected to the 

reception of both majority and minonty reports. 

Mr. HALE. Have we objected in a· single instance where both 

sides of a committee were ready to report Ill 

Mr. BEEBE. The gentleman from Maine himself objected to a re- port which I attempted to present, when both the majority and the 

minority of the committee were ready to report. 

Mr. HALE. In that case I suggested that the majority report 

should not be made until the minority report accompanied it. 

Mr. RANDALL. All we desire is that these investigations shall 

be spread upon the record. 

Mr. HALE. Whenever both sides of a committee are ready toreport we will be prepared to receive the reports and to act upon them. 

Mr. COX. Can the gentleman give an assurance to that effect T · Mr. HALE. I give the assurance of what we have done before 

with reference to the very important reports of the Naval Committee, 

the Real Estate Pool Committee, the Committee on Expenditures in 

the War Department, and others. 

Mr. BEEBE'. Did the gentleman not object when I present~d the 

report of the Committee on Expenditures in the Navy Department 

although I went to his seat and stated to him in his place in the 

House that both sides of the committee were ready to report f 

Mr. HALE. I insisted in that case on the minority report going in 

along with the majority report. . Mr. BEEBE. The minority report waa ready. 

The SPEAKER pro t~pore. The Chair is entirely willing that this 

proceeding should go forward if it is conducted with reference to a settlement of the question at issue. But when it merely tends to a bitter discussion the Chair cannot consent to its going on. Mr. COX. I did not engage in any bitterdiscussion. What !proposed was, that if we had any assurance that no objection would be 

made to the reception of both the majority and minority reports of 

investigating committees hereafter, this :resolution would be with- fu~L , 

Mr. RANDALL. I suggest to the gentleman from New York [Mr. 

Cox] that the gentleman from Maine [Mr. HALE] cannot give· such an assurance. If such an assurance were given some member absent 

to-day might come in and say he was not bound by that assurance. Mr. COX. That is true. I see the necessity for a rule. . Mr. SPRINGER. I object to further discussion. 

The SPEAKER p1·o tempore. The question is on laying on the table 

the appeal from the decision of the Chair; on which question the yeas 

and nays have been ordered. The Clerk will call the roll. · The ques~ion was taken; and there were-yeas 126, nays 7, not 

voting 152 ; as follows : 

. YEAS-Messrs . .Ainsworth, Anderson, Atkins, Baaby, John H. Baj:!ley, jr., Bannin_g, Beebe, Bell, Blackburn, Bland, Boone, Bradford,Bright, Cabell, John H. Caldwell, William P ~Caldwell, Campbell, Ca.te, Caulfield, Chittenden, John B. Clarke ofKentucky~_JohnB. Clark, jr.~, of Missouri, Clymer, Cochrane, Cook, Cox, Cutler, 

Davis, Dibrell, Dougla.s, Dnrana, Durham, Eden, Egbert, Felton, Finley, Fomey, 

Fort, Franklin, Gause, Gibson, Gunter, Andrew H. Hamilton, Hauoock, Hardenbergb, Harrison, Hartzell, Haymond, Hereford, Goldsmith W. Hewitt, Hooker, 

Hopkins, Hunton, Hurd, Thomas L. Jones, Kehr, Franklin Landers, Lane, Levy, Lord, Luttrell, Lynde, Mackey, Maish, McFarland, McMahon, Meade, Metcalfe, 

Milliken, Mills, Morgan, Morrison, Mutchler, New, O'Brien, Odell, Pa:vne~.Phelps, 

Piper, Poppleton, Powell, Randall, Rea, Reagan, John Reilly, Rice Ridrue, John 

Robbins, William M. Robbins, Miles Ro a, Savage, Scales, Schleicher, Sheakley, 

Slemons, William E. Smith, Spencer, Sprin~er, Sten~er, Stevenso~ Stone, Teese, 

Terry, Thomas, Thompson, Throckmorton, Tucker, Turney, John L. Vance, Rob- ert B. V a.nce, Charles C. B. Walker, Gilbert C. W alk:er, Wals'h, Ward, Erastua Wells, 

Whitthorne, Wigginton, Willard, .Alpheus S. Williams, James D. Williams, Jeremiah N: Williams, Willis, Wllshire, Benjamin Wilson, Yeates, and Young-126. 

NAYS-4M:e rs. William H. Baker, Caswell, Joyce, 1\fagoon, Potter, Robinson, 

and Woodburn-7. 

NOT VOTING-Messrs. Abbott, Adams, .Ashe, George A. Bagley, John H. 

Baker, Ballou, Banks, Baas, Blair, Bliss, Blount, Bradley, John Yotmj:! Brown, 

William R. Brown, Buckner, Horatio C. Burchard, Samuel D. Burchard, Burleigh., C&ndler, Cannon, Cason, Chapin, Collins, Conp;er, Cowan, Crapo, Crounse, Culber- son, Danford, Darrall, Davy, De Bolt, Denison, Dobbins, Dunnell, Eames~ Ellis, Ely, 

Evans, Faulkner, Foster, Freeman, Fr:ye, Fuller, Garfield, Glover, Gooae, Goodin, 

Hale, Robert Hamilton, Haralson, BenJamin W. Harris, Henry R. Harris, John T. 

Harris, Hartridge, Hatcher, Hathorn, Hays, Hendee, Henderson, Henkle,. Abram 

S. Hewitt, Hill, Hoar, Hoge, Holman, Hoskins, House, Hubbell, Hunter, .tlurlbut, 

Hyman, Jenks, Frank Jones, Kasson, Kelley1 Kim ball, King, Knott, Lamar, George 

M. Landers, Lapham, Lawrence, Leavenworth, LeMoyne, Lewis, Lynch, MacDou-

.e:all, McCrary, McDill, Miller, Money, Monroe, Nash, Neal, Norton, Oliver, O'Neill, 

Packer, Page, John·F. Philips; William A. Philli.Ps, Pierce, Plaisted, Platt, Pratt, 

Purman, Rainey, James B. Reilly, Roberta, Sobieski Ross, Rusk, Sampson, Sayler, Schumaker, Seelye, Singleton, Sinnickaon, Small~rA. Herr Smith, Southard, 

Sparks, Strait, Stowell, Swann. Tarbox, Thornburgh, Martin I. Townsend, Washington Townsend, Tufts, Van Vorhes, \Vaddell, Wait, Waldron, .Alexander S. Wallace, John W. Wallace, Walling, Wru.TOn, G. Wiley Wells, Wheeler, White, 

Whitehouse, Whiting, Wike, .Anclrew Williams, Charles G. Williams, .Tames Williams, William B. Williams, James \Vilson, Alan Wood, jr., Fernando Wood, and 

W oodworth-152. 

DurWj~he roll-call, Mr. TRIDGE said: Upon all questions connected with politics 

I am paired with Mr. HosKINs. If he were present I would vote · "ay." 

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

Mr. HALE. No quorum has voted. 

The SPEAKER pro t~pore. The vote upon the call of the roll develops the fact that there is not a quorum voting. 

.Mr. COX. I move that there be a call of the llouse. · The motion was agreed to. 

The Clerk proceeded to call the roll; when the following members 

failed to answer to their names: 

Messrs. Abbott, Ashe, Bass, Bland, Bliss, Blount, El'l¥lley, John Young Brown, 

Buckner, Samuel D. Burchard, Candler, Chapin, John B. t:Jark, jr., of Missouri, 

Collins, Cowan, Crapo, Culberson, Darrall, Davy, De Bolt, Denison, Dobbins, Dunnell, Ellis, Ely, Faulkner, Fuller, Garfield, Glover, Goode, Haralson, Henry R. 

Harris, John T. Harris, Hawher, Hathorn, Hays, Hendee, Henkl~, AbramS. Hewitt, Hill Hoge, Hoek:ins, Hunter, Jenks, Frank Jones, Kelley, King, Lamar, Frank 

lin Landers, George M. Landers, Lawrence, Leavenworth, LeMoyne, Lord, Meade, 

Money, Monroe, Neal, O'Brien, Oliver, John F. Philips, Plaisted, Purman, James 

B. Reilly, Roberts, Sobieski Ross, Schleicher, Schumaker, Seelye, Sparks, Stowell, 

Swann, Tarbox, Thornburgh, Martin I. Townsend, Tucker! Van Vorhes, Waldron, 

Charles C. B. Walker, .Alexander S. WaJlace. John W. Wa lace, Walling, WaiTen, 

Erastus Wells, G. Wiley Wells, Wheeler, Whitehouse, Wike, Andrew Williams, 

Charles G. Williams, James Williams, William B. Will!.~ms, .Alan Wood, jr., Fernando Wood, and Woodworth-95. 

The SPEAKER .pro tempore. The Doorkeeper will now cause the 

doors to be closed. One hundred and ninety members~e present, 

being more than a quorum. What is the further direction of the 

HouseT 

Mr. COX. I move that the Sergeant-at-Arms take into custody and 

bring to the bar of the House such of its members as are now absent 

without the leave of the Honse. 

Mr. BURCHARD, of Illinois. The names of the absentees should 

first be called for excuses. · Mr. HURLBUT. Pending the motion of the gentleman from New 

York, I move that the House do now adjourn. 

The question was taken; and on a division there were-ayes 71, noes 103. 

Mr. HURLBUT and Mr. LAWRENCE called for the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. The Chair desires the dDorkeepers to 

understand distinctly that the doors are to be kept closed. The proceedings under the call have not been dispensed with and a dilatory 

motion does not affect them. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of their clerks, 

informed the H6use that the Senate had agreed to the amendments 

of the House to the bill of the Senate of the following title: 

A bill (S. No. 84) extending the time for redemption of lands held 

by the United States under the several acts levying direct taxes, and 

for other purposes. . The message farther announced that the Senate · had disagreed to 

the amendments of the House to the bill of the Senate(S. No. 614) to 

authorize the Secretary of the Interior to deposit certain funds in the 

United States Treasury in lieu of investments, and requested a. con- ference on the disagreeing votes of the two Houses thereon, and hacl 

appointed as the managers on the part of the Senate Mr. l:NGALLS, 

Mr. OGLESBY, and Mr. 1\IcCREERY. 

) 

I 
1876. CONGRESSIONAL RECORD-HOUSE. 5265 

The message further announced that the Senate had passed with 

amendments, in which the concurrence of the House was requested, a bill and joint resolution of the House of the following titles: 

A bill (H. R. No. 3359) making appropriations for the payment of 

claims reported allowed by the commissioners of claims under the act 

of Congress of March 3, 1871, and for other purposes; and 

A joint resolution (H. R. No. 148) in reference to the wreck of the 

United States monitor Tecumseh. 

The message also announced that the Senate had passed and re- quested the concurrence of the House in a bill of the following title: 

A bill (S. No. 1035) to provide for payin~ the expenses of the Joint 

Committee on Printing in making an inqmry in relation to the public 

printing. 

CALL OF THE HOUSE. 

The question recurred upon the motion to adjourn, upon which the 

yeas and nays had been ordered. 

The question was taken; and there were-yeas 14, nays 162, not 

voting 109; as follows: 

YEAS--Me881'8. John H. :Baker, Horatio C. :Burchard, Frye, Hale, Hubbell, 

Hurlbut, Kasson, Kimball, Franklin Landers, Lynch, Nash, Pratt, Smalls, and 

Spencer-14. NAYS-Messrs: Ada.~s1 Ainsworth, Ashe, Atkins, Bagby, qeorge A. :Bagley, 

J ohn H. Bagley, Jr., William H. Baker, Ballo~t Banks, Banmng, Beebe, Blackburn, Blair, Bland, Boone, Bradford, Br~ht, William R. Brown, Burleigh, Cabell, 

John H. Caldwell, William P. Caldwell, Cannon, Cason, Cate, Chittenden, John B.- Clarke of Kentucky, John B. Clark, jr., of Missouri, ClJIDer, Cochrane, Co1;1ger, 

Crounse, Cutler, Danford, Davis, Davy, Doug.Ias-h Durand, Uurham, Eames, Eden, 

Egbert, Evaus, Finley, Forney~ Fort, Franklin, .1!1'eeman, Gause, Gibson, Goodin, Gunter, Andrew H. Ilamilton, .11ancock, Hardenbergh, Harrison, Hartridge, Hartzell, Haymond, Henderson, Hereford, Goldsmith W. Hewitt, Hoar, Holman, Hopkins, House, Hunton, Hurd, Thomas L. Jo~s. Joyce, Kehr, Knott, Lane, Lapham, 

Lawrence, Levy, Lewis, Luttrell, Lynde, Mackey, Magoon, Maish, MacDougall, 

McCrary, McDill, McFarland McMahon, Metcalfe, Miller, Milliken, Mills, Mon- roe, Morgan, Morrison, Mutchler, New, Norton, O'Brien, Odell, O'Neill, Packer, 

Page, Payne, Phelps, Pierce, Piper, Platt, Poppleton, Potter, Rainey, Randall, Rea, 

Reagan, John Reilly, Rice, Riddle, John Robbins, William M. Robbins, Robinson, 

Miles Ross, Rusk, Sampson, Savage, Scales, Sheakley, Sinnickson, Slemons, A. 

Herr Smith, William E. Smith, Southard. Springer, Strait, Stenger, Stevenson, 

Stone, Teese, Terry, Thom~, Thompson, Washin~n Townsend, Tufts, Turney, 

Van Vorhes, John L. Vance, Robert B. Vance, Waddell, Wait, Gilbert C. Walker, 

Walsh, White, Whitthorne, Wigginton, Willard, Alpheus S. Williams, James D. 

Williams, Jeremiah N. Wtl1iams, Wilshire, .tames Wilson, Woodburn, Yeates, and 

Young-162. 

NOT VOTING-Messrs. Abbott, Anderson, Bass Bell, Bliss, Blount, Bradle,Y., 

John Young Brown, Buckner, Samuel D. Burchard, Campbell, Candler, Caswell, 

Caulfield, Chapin, Collins, Cook, Cowan, Cox, Crapo, Culberson, Darrall, De Bolt, 

Denison, Dibrell, Dobbins, Dunnell, Ellis, Ely, Faulkner, Felton, Foster, Fuller, 

Garfield, Glover, Goode,. Robert Hamilton, HaJ:alson, Benjamin W. Harris, Henry 

R. Harris, John T. Harris, Hatcher, Hathorn, Hays, Hendee, Henkle, Abram S. 

Hewitt, Hill, Hoge, Hooker, Hoskin&. Hunter, Hyman, Jenks, Frank Jones, Kelley, 

King, Lamar, George M. Landers, :t"eavenworth, Le Moyna, Lord, Meade, Money, 

Neal, Oliver, John F. Philips, William A. Phillips, Plaisted, Powell, Purman, James 

B. Reilly, Roberts, Sobieski Ross, Sayler, Schleicher, Schumaker, Seelye, Singleton, Sparks, Stowell, Swann Tarbox, Thornburgh, Thl'Ockmorton, Martin I. Townsend, 

Tucker, Waldron, Charies C. R. Walker, Alexander S. Wallace, John W. Wallace, Walling, Ward, Warren, Erastus Wells, G. Wiley Wells, Wheeler, Whitehouse, Whitin~, Wike, Andrew Williams, Charles G. Williams, James Williams, William 

B. Williams, Willis, Benjamin Wilson, AlanWood,jr.,Fernando Wood, and Woodworth-109. · 

So the motion to adjourn was not agreed to. 

During the call of the roll the following announcements were made: 

Mr. VANCE, of Ohio. My colleague, Mr. WALLING, is absent by leave of the House. 

Mr. WILLIS. I aQl paired with my colleague, Mr. LEAVENWORTH. 

If he were here I would vote "ay;" I am don btful how he would 

vote. 

Mr. COCHRANE. My colleague from Pennsylvania, Mr. Ross, is 

absent by leave of the House on account of sickn~ss. · Mr. ODELL. My colleague from New York, Mr. HEwrrr, is absent 

by leave of the House. . Mr. STONE. My .colleagues, Mr. BUCKNER, Mr. DE BoLT, Mr. PHILIPS, Mr. GLOVER, and Mr. HATCHER, are absent by .leave of the House. 

The result of the vote was announced as above recorded. 

The SPEAKER pro tempore. The question now recurs upon the mo- tion of the gentleman from New York [Mr. Cox] that a warrant be 

issued to the Sergeant-at-Arms to take into custody and bring to the 

bar of the House such of its members as are now absent without ex- cuse. 

The motion waa agreed to. 

:Mr. YEATES. Are excuses for absent members now in order! 

The SPEAKER pro tempore. The Chair will hear excuses after the 

order has been issued to the Sergeant-at-Arms. 

Mr. REAGAN. It may then be too late. I desire to make a st.atement in regard to one of my colleagues. 

Mr. WILSON, of Iowa. In regard t~ making excuses during a call 

of the House, it has been ruled both in the last Congress and in this one that proceedings under the order for the call of the House must 

go on, because otherwise the Honse might be occupied with closed 

doors for three or four days even in hearing and considering excuses for absent members. Consequently, it was ruled by Mr. Blaine in the 

last Congress and it has also been ruled in this Congress that the or- der must go to the Sergeant-at-Arms, after which excuses oan be re- ceived. . The SPEAKER pro tempo1·e. The Chair understands that to have 

been the order of proceedings heretofore, and will adhere to it now. Mr. LUTTRELL. I ask leave of absence for one hour. 

The SPEAKER pro tempore. It cannot now be granted. 

IV-330 

Aft,er the lapse of some twenty minutes, 

Mr. SCHLEICHER moved that all further proceedings under the 

call be dispensed with. 

The SPEAKER pro ten~pore. The Chair is informed by the Clerk 

that the gentleman from Texas [Mr. ScHLEICHER] is "not present" 

aecording to the roll-call. [Great laughter.] 

Mr. SCHLEICHER. I was present, although my name may not appear upon the list. 

The SPEAKER pro tempore. The Chair knows nothing except the 

official record, which shows that the gentleman is" not present." 

Mr. SPRINGER. I ask unanimous consent that the gentleman be 

considered as present. 

Mr. PAGE. I object. [Laughter.] 

Mr. LAWRENCE. Then I will make the motion to dispense with 

further proceedings under the ca.ll. 

Mr. HOAR. Is the gentleman from Ohio [Mr. LAWRENCE] "present?" 

The SPEAKER pro tempore. The gentleman from Ohio is alt!o "not 

present." [Laughter.] · Mr. HOAR. I rise to a parliamentary inquiry. I desire to ask the 

Chair whether it is in order at this time to move to revoke all existing leaves of absence except those granted to members on account of 

their own sickness or the sickness of members of their families T 

Mr. COX. That cannot be done at this time. 

Mr. BANKS. It is not in order to transact any business while the 

doors are closed. 

The SPEAKER pro tempo're. It cannot be done at this time, of course. 

Mr. HOAR. I give notice, then, that I shall make that motion at a proper time. . The SPEAKER pro tempore. The Chair has some doubt whether 

the motion can-be made at all; but certainly it is not in order now. Mr. CONGER. Those leaves of absence are granted by unanimous 

consent. 

The SPEAKER pro telnpore. The Chair so understands. 

Mr. HALE. Upon the point just Rtated by the gentleman from 

Massachusetts, [Mr. HoAR,] I suggest that when that is done, notice 

be also given that objection will be made to future requests for leave 

of absence. 

Mr. COX. I suggest to the gentleman from Maine now that he is on his feetThe SPEAKER pro tempore. No business can be transacted at this 

time. Nothing can be entertained except some motion connected 

with the call or a motion to adjourn. All other business is out of or- der. Members can neither give any notice nor perform any other 

legislative act except such as the Chair has indicated. 

1\lr. CONGER. Does that preclude the making of miscellaneous 

remarks! 

The SPEAKER pro tempore. The Chair thinks not. 

Mr. CONGER. Then I would like to have about fifteen minutes 

allotted to me for general remarks. [Laughter.] 

A MEMBER. Take leave to print. 

Mr. POTTER. If it will not take my colleague, Mr. CoNGER, from 

the floor, I make the motion that the House now adjourn. 

The motion was not agreed to. 

Mr. ODELL. I move that the House take a recess for one hour. 

The SPEAKER pro tempore. That is not in order at this time. 

The SERGEANT-AT-ARMS appeared at the bar of the House and said: 

Mr. Speakei, in pursuance of the order of the House I ha"'\"e now at 

this bar :Mr. WALKER of New York, Mr. MEADE, and Mr. THORNBURGH. 

The SPEAKER pro tempore. Mr. WALKER, you are reported as having been absent from the session of the House . without its leave. 

What excuse have you to offer T 

Mr. WALKER, of New York. I havea no excuse to make except 

that I was called out by some friends outside the Hall, and had this 

morning answered two roll-calls already. 

Mr. COX. I move that he be discharged on the payment of costs. 

Mr. CONGER. . I~k the gentleman from New York on what grounds 

he bases that motion T · Mr. COX. On public grounds. [Laughter.] 

Mr. CONGER. I think then it should be .referred to the Committee on Public Buildings and Grounds. [Renewed laughter.] 

The motion of Mr. Cox was agreed to. 

'fhe SPEAKER pro tempore. Mr. THORNBURGH, you are reported as having been absent from the session of the House without its leave. 

What excuse have you to offer ! 

Mr. THORNBURGH. I was contributing a little to the plethoric 

purse of our caterer below ; and the " man and brother " who bore 

my order did not get back in time for me to return to this Hall to answer to my name. That is all the excuse I have. 

Mr. BRIGHT. I move that the gentleman be discharged. 

The motion was agreed oo. · The SPEAKER 'f!'I'O tempore. Mr. MEADE, you are reported as having been absent from the session of the House without its leave. 

What excuse have you to offerf · Mr. MEADE. I waa in my committee-room attending to some necessary business. The record will show that I have been here all 

the morning. 

Mr. STEVENSON. I move that the gentleman be discharged. 

The motion was agreed to. 
"5266 CONGRESSIONAL RECORD-HOUSE. AUGUST 7, 

The Sergeant-at-Arms again appeared at the bar of the House and 

said: Mr. Speaker,...in pursuance of the order of the House, I have now at its bar Mr. LAWRENCE, Mr. BLAND, and Mr. SCHLEICHER. 

The SPEAKER pro umpore. Mr. LA W1mNCE, you have been reported as absent from the seSsion of the Hoose without its•leave. What excuse have you to offer f . 

Mr. LAWRENCE. I was present when the call of the roll com- menced, and pending that call I went to the Senate to make inquiry 

about some bills. I returned to the Honse after the roll had been 

called, lmt before the number of absentees had been announced by 

the Speaker I rose and endeavored to get the attention of the Speaker so that my name might be-called; but the Speaker, without observing me, announced the result; and the result was that I was here, 

though marked absent. . Mr. BRIGHT. I move that the gentleman be discharged. 

The motion was agreed to; there being-ayes 137, noeslO. 

The' SPEAKER pro tempMe. Mr. SCHLEICHER, yon are reported absent from the session of the Honse without its leave. Whatexcnse have 

you to offer f 

Mr. SCHLEICHER. Mr. Speaker, I was in the cloak-room, and did 

not hear my name when it was called. When the list of absentees was called I came into the Honse and was informed my name had 

been omitted. I went to the Clerk's desk and asked my name be re- corded, when the Clerk said it was too late. [Laughter.] 

Mr. BRIGHT. I move the gentleman from Texas be discharged. 

The motion was agreed to. 

The SPEAKEU pro tempore. Mr. Bi.AND, yon are reported absent 

from the session of the Honse without its leave. What excuse have 

you to offer f 

Mr. BLAND. I have been i-ll the Hall ever since the session began, 

and think I ha-ve voted on every roll-call except perhaps one or two. 

Mr. COX. You have been out, I suppose, attending to the silver 

bill. [Laughter.] 

Mr. HOAR. I move the gentleman be discharged on payment of 

coat&-

Mr. BLAND. I have the floor and wish to conclude making my excuse. 

The SPEAKER pro tempore. The gentleman from Missouri must 

not be interrupted. 

Mr. BLAND. I received a card from a Senator, and while convers- ing with him in the cloak-room my name was called and I was re- ported absent, although pre~::~ent all the time in the House. I have 

been in the House ever since the session commenced. 

Mr. HOAR. I move the gentleman be discharged on the payment 

of costs in silver. [Laughter.] 

Mr. HARRISON. I move an amendment, that silver be not demanded of him until the passage of the silver bill. [Laughter.] 

Mr. BLAND. Of coi:trse that makes it a legal tender. 

The SPEAKER pro tempote. Does the gentleman from Massacb~-

setts intend by his motion that the gentleman from Missouri shall be 

discharged on payment of fees f 

Mr. HOAR. I withdraw my motion. 

Mr. LANE. I move that the gentleman from Missouri be discharged 

without payment of fees. 

The mgtion was agreed· to. 

Mr. WILSON, of Iowa. ImovethatthegentlemanfromNewYork, 

[Mr. WALKER,] whowasdischargedon payment of fees, be discharged 

without paymen\ of fees. 

The SPEAKER pro tem_pMe. The Chair hears no objection, and the 

fees will be remitted. 

The Sergeant-at-Arms appeared at the bar o:C the House having 

in custody under its order Mr. TUCKER, of Virginia. 

The SPEAKERpr_o tempore. Mr. TUCKER, you are reported as absent 

from the session of the Horwe without its leave. What excuse have 

you to offer f 

Mr. TUCKER. Mr. Speaker, I had been in the House in the morn- ing, but went over to the Senate Chamber to see a friend. 

Mr. MILLS. Did you get any lemonadef [Laughter.] 

Mr. TUCKER. I may be permitted to correct the gentleman from 

Texas. I took a promenade, but it does not ,follow that I took any 

lemonade. [Laughter.l 

Mr. KASSON. Or cold tea f 

Mr. TUCKER. Nor cold tea. That is my only excuse. Mr. CONGER. Was the gentleman from Virginia in the Hall when 

his name was ealled f 

Mr. TUCKER. I suppose I was not. I was in the Hall thi& morn- ing when my name was called on the first call of the Honse, but I was not on the last call. 

Mr. CONGER. 'Tis a. pity that the gentleman was "so near and 

yet so far." [Laughter.] · Mr. BANNING. _ I move the gentleman be disoh:arged witlmut payment of fees. - The motion was agreed to. · 

Mr. LANE. I move all further proceedings under the call be dispensed with. 

The House divided; and there were-ayes 78, noes 89. 

So the motion was rejected. 

Mr. O'BRIEN. I move the House adjourn. 

The House divided; and there were-ayes 57, noes 101. 

llr. O'BRIEN demanded tellers. 

Tellers were not ordered. 

Mr. O'BRIEN demanded the yeas and nays. 

The yeas and nays were not ordered. 

So the House refused to adjourn. 

Mr. MILLS. Is it in order to move unanimous con~::~ent at the present timeT 

The SPEAKER pro tempore. Not for the transaction of any busi- ness. 

Mr. MILLS. Then I move all further proceedings under the caJl be 

dispensed with. · 

The motion was disagreed to, only 34 voting in the affirmative. 

The Sergeant-at-Arms appeared at the bar of the House, having in 

custody, under its order, Mr. ROBER~ and Mr. HENKLE. • The SPEAKER pro tem-pore. Mr. HENKLE, you [tre reported absent 

from the session of the House without its leave. What excuse have ~to~T -

Mr. ROBERTS. I have lteen absent in the discharge. of a. public 

duty, serving my constituents and looking after their interests in the 

Navy Department. 

Mr. O'BRIEN. I move the gentleman be discharged. · Mr. HUBBELL. I could not hear the gentleman's explanation, 

and hope he will state it over again. 

The SPEAKER pro tempore. There being no objection, the gentle- man from Maryland will again state his excuse. Mr. ROBERTS. 1 have been absent in the discharge of a public duty. 

Mr. STEVENSON. It is very difficult to hear the gentleman, and I 

suggest be take the Clerk's desk so that members may vote intelligently on his excuse. The SPEAKER pro tempore. There being no objection, the gentle- man from Maryland will take th~ Clerk's desk. 

Mr. ROBERTS took the Clerk's desk and proceeded to fan himself 

amid great laughter. 

The SPEAKER pro tempore. The gentleman from Maryland will now state his excuse. Mr. ROBERTS. I am happy,gentlemen, to answeranyqnestionyou 

may have to propound to me. [Laughter.] 

Mr. YOUNG. Imovethe gentleman be allowed to print. [Laughter.] 

Severallllembers demanded the regular ordet. 

The SPEAKER pro tempore. The rel!nlar order is the excuse of the 

gentleman from Maryland, and while lie occupies the floor he cannot 

be interrupted. When he has finished his statement a motion will 

then be in order to excuse him. 

Mr. CONGER. That is what I propose. 

The SPEAKER pro tem-pMe. The Chair has ruled that no motion is 

in order until the gentleman from Maryland has been heard. The 

gentleman from Maryland will proceed with his statement. 

Mr. ROBERTS. I am the victim of circumstances, [great laugh- ter,] which are very disagreeable. · Mr. KASSON. That is sufficient. I move that the gentleman be 

discharged. · Mr. CONGER. I move that the Sergeant-at-Arms be in!tructed to 

refer the gentleman back whence he came, not to be brought back on a motion to reconsider. [Laughter.] · The SPEAKER pro tempore. The question is on the motion of the 

gentleman from Iowa, [Mr. KAssoN,] that the gentleman from Maryland be discharged. 

The motion wa-s-agreed to. . The SPEAKER pro tempore. Mr. HENKLE, you are reported absent 

from the sessions of the House without its leave. What excuse have 

you to offer ' 

Mr. HENKLE. .I had business at the Navy Department. I took 

the occasion of the call of StateR, supposing my -presence would not 

be important, upon the theory that the fewer that were here the more business would be done, and I went to attend to it. 

Mr. WILLIS. I move that the gentleman's excuse be referred to 

tla.e Committee on the Judiciary. 

Mr. O'BRIEN". I move that my colleague, Mr. HENKLE, be discharged . The motion of Mr. O'BRIEN was agreed to. 

The SERGEANT-AT-ARMs appeared at the Bar and said: Mr. Speaker, 

in pursoanc of the order of the IJonse I now have at its bar Mr. 

O'BRIEN, of Maryland. [Laughter.] · The SPEAKER pro tempMe. Mr. O'BRIEN: you are reported absent 

from the sessions of the House without its leave. What excuse have 

you to offer f 

Mr. O'BRIEN. I was not aware of the fact that I was absent. I was present in the House at the time the last vote was taken on a call of the yeas and nays, an~ I voted "ay." I believe that was on a motion to adjourn. And I took it for granted that the fact that I 

was allowed to vote on that motion excused me, even if I had been 

absent when the roll was called for a call of the House. 

The SPEAKER pro ternpMe. Did the gentleman vote on the call of 

the House! . Mr. O'BRIEN. I was not here on the call of the Honlie. 

The SPJ!JAKER pro tempore. Then the gentleman was constructively absent. Wha.t is the pleasure of the Hoose f 

Mr. BRIGHT. I move that the gentleman from Maryland be discharged. · The que~:~tion being taken on a division by sound, 

The Speaker pro tempore stated that in the opinion of the Chair the 

"noes" had it. 

; 
I 

. 

\ 

t 

I 

• 

• 

1876. CONGRESSIONAL RECORD-HOUSE. 5267 

Mr. BRIGHT called for a division. 

The House divided ; and there were-ayes 89, noes 57. 

So the motion was agreed to; and Mr. O'BRIEN was discharged. 

Mr. LANE. I move that all further proc-eedings under the call be 

dispensed with. • The question being taken, there were-ayes 86, noes 90. 

So the motion was not agreed to. 

Mr. LUTTRELL. I move that the HoUBe do now adjourn. . Mr. HALE. Let us have the yeaa and nays on that. 

Several MEMBERS. Let there be a .division :first. 

Mr. HALE. Very well; I will take a division first. 

The House divided; and there were-ayes 60, noes 91. , . So the motion wa-s not agreed to. 

Mr. STEVENSON. I move ihat all further proceedings under the 

call be dispensed with. 

Mr. PAGE. That motion hasjuet been voted down. 

Mr. STEVENSON. The motion to adjourn has been made since that. 

Mr. COX.· I ask unanimous consent to make a suggestion, which in 

fact came from the other side of the Honse: that we dispense with 

all further proceedings under this call on condition that all majority 

and minority reports of investigating committees may be presented 

to the House and that without sending this to the Committee on Rules we may take a vote now to suspend the rules, so as to allow 

that to be done when the reports are ready to be presented to the 

House for its action. 

Mr. HALE. I do not desire that this shall be provided for under an imperative rule of the Honse. But I presume that when we get out of 

these proceedings and go into the House, it can then be agreed that 

in all cases where the majority and minority reports are ready both 

may be presented, and that no objecti~n shall be made. 

Mr. COX. My proposition is that if either report is ready, or if 

both reports are ready, one or the other ma,y be presented. 

Mr. HALE. But the gentleman must see that that does not obviate 

the trouble. All we want is that these committees may only report 

at any time wh~n both sides are ready. 

Mr. COX. 0, no ; that will not do. 

Mr. HALE. The gentleman knows that we have yielded in every case to allow the presentation of reports. 

Mr. CLYMER. Does not the gentleman from Maine perceive that 

all that gentlemen representing his side of the House would have to 

do to prevent a report from gentlemen representing this side of the 

House would be to say they are not ready f 

Mr. HALE. The gentleman must in that regard trust something 

to the make-up of these committees. There has been no·ca.se where 

the majority were ready to report but with a little conference the 

minority have got ready too. Almost aU the important committees 

of investigation have already reported, and this side has interposed no bar or demur in the way of a report in a single case ; and we do 

not propose to do so now. . Mr. COX. The gentleman is mistaken about that. 

Mr. HALE. We do not want to be in the power of the majority, so that the majority report may be rushed in at any time and the 

minority get no hearing ; and I assure the gentleman that the 'proposition that the two branches of the committee shall get in their 

reports at the same time and have them printed together, and go to 

the count;ry together and to the press together, is made in good faith. 

It has always been done heretofore this 8688ion. The Committee on Naval Matters and the Committee on the Real-Estate Pool, the Committee on the Expenditures in the War Department and the Committee on the 11lBane .Asylum reported so that the two reports should go 

in simultaneously, and it is fair that they should go before the coun- try together. 

Mr. COX. The gentleman's proposition then is this: That until the 

minority are ready with their views or report the majority shall not come in and make their report. · Mr. HALE. Does the gentleman from New York know of a. single case in which the minority of a committee has in any mann&' obstructed the presenting of reports on fair notice given T 

Mr. COX. But the majority have never obstructed the minority in 

making their reports or presenting their views. 

:Mr. HALE. But by universal practice the minority has always been permitted to present its views and has been allowed to submit a resolution, and the other day the Speaker ruled that the resolution 

of the minority must be voted on although they had not presented it. 

Mr. COX. The views of the minority of a committee come in by ~ourtesy and grace. The majority have a right to make the report, 

and the ~aj~rity shoul?- control the matter. We go outside and say 

to the mmor1ty, you brmg forward yonr reports and let both receive 

the action of the House and all will be well.without. any change of 

the rules. , 

Mr. HOAR. The gentleman from New York will remember the 

majority of a committee are not required to be ready wit.h their re- port nntil the. committee has been called in the morning hour under 

the rules of the House. That is the practice of this Honse and the · practice of this whole session. 

Now, in conceding the right of the majority of a committee en- . gaged in some investigation t.o report at any time, the minority of 

the House is making a vaat concession, and in view of that unprecedented ~oncession, therefore, I hope the gentleman will agree to 

compJy with the proposition of my friend from :Maine, that lmoppor-

. 

tunity shall be afforded to the minority of the committee to get ready 

if the majority are to be -allowed to give in their report before the 

time which the rules and practice of the Honse permit. The suggestion that nnder such a rule the minority of a committee would prevent the committee from reporting at all can be very easilY. obviated. 

Mr. HALE. The gentleman knows that if the matter of making · these reports is to be confined t.o t.b.e rules of the Honse these com- mittees cannot be reached during the present session. 

Mr. HOAR. The gentleman from New York will see that during 

the last ten days of the session the majority may come to the Ilonse 

with a report and move to suspend the rules. 

Mr. SPRINGER. Ah! When we have :fixed a time for final adjoUrnment . Mr. HOAR. When a majority of a committee come to the House 

and say, We are ready with our report and we notified the minority of 

the committee that it was ready two days before or one day beforehand, the House is sure to let that report come in. . Mr. COX. I think I can fall in with the suggestions made. on the 

other side of the Honse. I proposA that when a majority report CQmes 

in within two days after that notice has been given to the minority 

the minority report should be allowed to come in within the time for 

which notice was given and be printed with the majority report. 

Mr. HALE. Let me a-sk the gentleman one practical question which 

will throw some light on my mind and perhaps on the minds of others. 

Mr. COX. Is my proposition accepted f • Mr. HALE. Let me ask the gentleman one question. What com- mittees of investigation are ready or propose to report which. have 

not already report-ed f . 

Mr. COX. I know of several that will be ready to report to-morrow, 

but I cannot answer that question in full. 

Mr. HALB: But it would be very proper to confer with the mi· 

nority members before the report is made. I can conceive of a case, 

for instance, like that of the report of the Naval Committee, accom- panied by a vast bulk of testimony where forty-eight hours would 

not perhaps be sufficient, ancl certainly not twenty-four hours, to en- able the minority report to be ready; and if there are any important 

investigation· committees yet to report I deaire to ask what they are. Mr. COX. Then the gentleman would like that the minority re- port should be made up from the majority report, and not from the 

evidence. . Mr. HALE. The minority ought certainly to see the majority re- port before they make their own. 

Mr. cox. Why' 

Mr. HALE. Why, they may agree to the majority report and have no minority report to make. 

Mr. COX. I hope my proposition will be acceptable to the other 

side of the House. 

Mr. BURCHARD, of illinois. I have no objection to gentlemen attempting to make any agreement that will bind the House when the 

doors are not closed, but a proposition agreed to when the doors are closed does not bind the .House when the doors are open. We do not care if you choose to sit here with closed doors, but if you want to 

make agreements then let the House proceed to do business with ~pen doors. · Mr. COX. Well, the country will see that the minority are trying 

to rule the majority in the important matter of investigation. 

Mr. HALE. The count1·y will see nothing of the kind. 

Mr. CONGER. I call for the regular order. When this colloquy 

descends into political tirades I object to its continuance. 

Mr. SPRINGER. How much time will the minorities of these com- mittees want to prepare their minority report. [Cries of "Regular 

orderl"l · Mr. HALE. It is not the time, that is not the question, but that 

the report shall go to the country to?-ether and to the press together. 

[Renewed cries of "Regular order!' ] · . The Sergeant-at-Arms then appeared at the bar of the House having in custody Mr. WELLS, of Mississippi, and Mr. HOGE, of South 

Carolina. 

The SPEAKER pro tempore. Mr. WELLS, you have been reported as absent from the sessiou of the House to-day without its leave. 

What excuse have you to offed . Mr. WELLS, of Mississippi. I was present at the first call of the 

House and answered to my name. I then left and went to the Senate on important business, and just as I retUI'ned the doors were closed. 

Mr. BRIGHT. I move that the gentleman from Mississippi [Mr . 

WELLS] be discharged. · Mr. WILSON, of Iowa. It occurs to me that that is not the proper 

way to put the question. If the House should refuse to discharge 

the gentleman, what then will be done f The question should be, 

Will the House discharge the gentleman with or without the payment 

of fees T I move that he be discharged without fees. 

The SPEAKER pro tcrnpore. The Chair thinks that is the hotter 

form of the motion; however, in the opinion of the Chair, the other means the same thing. 

Mr. WILSON, of Iowa. If the House shall vote that the gentleman 

be not discharged, then what will be done with him f 

The SPEAKER pro tempore. The Chair would interpret that to mean that he shall not be discharged without fees. 

The motion to discharge without fees was agreed to • 
5268 CONGRESSIONAL RECORD-HOUSE. AUGUST 7, 

The SPEAKER pro tempore. Mr. HoGE, you have been absent from 

the session of the House to-day without its leave. What excuse have 

you to offer t · 

Mr. HOGE. I have only this to say: I went over to Baltimore this 

morning nd expected to return in time for the meeting of the House. 

I went over there to purchase some American flags to circulate in 

my district during the coming campaign. 

Mr. SPRINGER. American flags! · Mr. HOGE. Yes, American flags. I expect to put on them the names of Hayes and Wheeler; but they are not on yet. 

Mr. GOODIN. I move that the gentleman be discharged without 

lees. 

The motion was agreed to. 

The Sergeant-at-Arms then appeared at the bar of the House, having in custody Mr. GARFIELD, of Ohio. · The SPEAKER pro tempore. Mr. GARFIELD, you have been absent 

from the session of the House to-day without its leave. What excuse have you to offer! 

Mr. GARFIELD. Peccavi. 

Mr. WILLIS. I would like to inquire of the gentleman if he has ever before offended in this manner f 

Mr. GARFIELD. Perhaps I have. 

Mr. WILLARD. I move that the gentleman be discharged without fees. 

The motion was agreed to. · Mr. SPRINGER. I did not hear the excuse of the gentleman from 

Ohio, [Mr. GARFIELD.] 

Mr. CLYMER and others. That is too late; re~ar order. 

The SPEAKER pro tempore. The gentleman will probably find it 

in the RECORD to-morrow. It was a plea of guilty. [Laughter.] 

Mr. STEVENSON. I move that all further proceedings under the 

call be dispensed with. 

The motion was not agreed to; upon a division-ayes 50, noes 84. 

Mr. LANE. I move that the House now take a recess until seven o'clock. 

The SPEAKER pro tempore. That motion is not in order. 

The Sergeant-at-Arms then appeared at the bar of the House having in custody Mr. VAN VORHES, of Ohio. 

The SPEAKER pro tempore. Mr. VAN VoRHEs, you have been re- ported 38 absent from the session of the House without its leave. 

What excuse have you to offer f 

Mr. VAN VORHES. I am not aware of having been absent from 

a.ny of the roll-calls to-day in a call of the House. I supposed that 

I answered to each when my name was called, and still think I did so. I was absent from the House when this proceeding commenced, 

and did not vote on the motion relating to the decision of the Chair, 

because I was not in the House when it was ma-de and did not know 

to what it related. I intended to respond and still think that I responded to my name at ea.oh call of the roll under a call of the House. 

Mr. MILLIKEN. I move that the gentleman be discharged without fees. . Mr. COX. I hope so, because the gentleman is one of the most 

vigilant of our members. 

The motion of Mr. MlLLrKEN was agreed to. 

Mr. CONGER. I move that the name of the gentleman from Ohio 

[Mr. VAN VORHES] be stricken from the Sergeant-at-Arms's list of 

absentees. 

Mr. VAN VORHES. I suppose I can demand that as a matter of 

right. 

The SPEA.KER pro tempore. Upon the statement of the gentleman 

the Chair will direct the correction to be made. 

Mr. MAISH. I move that the name of Mr. SCHLEICHER, of Texas, 

be stricken from the list of absentees, 38 he was in the House. 

The SPEAKER pro tempore. The gentleman from Texas [Mr. 

SCHLEICHER] stated to the House that be did not answer to his name when called. His name can be taken from the list of. absentees by unanimous consent. 

Mr. RUSK. That is right. 

No objection·was ma-de, and it was so ordered. 

Mr. THROCKMORTON. I ask that my colleague, Mr. CULBERSON, 

be excused; he is absent on account of serious indisposition. 

There wa-s no objection. 

Mr. BANKS. I desire to say on behalf of Mr. LAMAR that he was here until near the time when the call was made, but on account of 

sickness was obhged to leave in company with one of the officers of 

the House. I move that he be excused. 

The motion was not agreed to. 

Mr. CHITTENDEN. I ask unanimous coll86nt to make a "miscellaneous remark." 

The SPEAKER pro tempore. The gentleman from New York is not 

in order. 

Mr. CHITTENDEN. Not by unanimous consent f 

Several MEMBERS. Take leave to print. 

The SPEAKER pro tempore. Does the gentleman from New York 

desire-to speak with reference to the matter before the House 7 

Mr. CHITTENDEN. My remark refers to the proceedings before 

the House; and it is this--

The SPEAKER pro tempore. The gentleman must not proceed with 

his remarks until the question of unanimous consent is determined. 

Is there objection t The Chair hears none. 

Mr. CHITTENDEN. Mr. Speaker, wearemost ofusfathersofhouest children; and some of us have grandchildren. I beg to suggest 

that in this state of the weather we have playeu children long enough. 

I have on your desk a se1·ious application foi leave of absence from 

to-morrow morning; and it will be very great injustice to me if 

through this fooling that leave of absence be not granted. I for one am prepared to say that having sat here through these proceedings 

this morning; I cannot see how they can be justified to our own sense of manliness or to the judgment of the American people. There may 

be reasons why the proposition of my colleague from New York [Mr. 

Cox] should be resisted. I have voted against it; but there is no sound reason why we, having come to years of discretion, should 

waste our time in this way, endan~ering, it may be, our lives; for I . contend that we are not only wastrng our time, but there is many a man on this floor whose life is to a certain extent put in jeopardy by 

the further protraction of these proceedings. I move, therefore, that 

the Honse now adjourn. 

The motion W38 not agreed to. 

Mr. STEVENSON. I move that all further proceedings under the 

call be dispe1186d with. 

The motion was not agreed to ; there being-ayes 52, noes 90. 

Mr. WILSON, of West Virginia. I submit to the serious judgment 

of the House that this call is entirely useless and will work no good. 

I hope, therefore, that the Houso will consent to suspend further 

proceedings under this call. Ot4er gentlemen may not know 'as I 

ha.ve known, and may not have suffered as I have suffe1·ed: the 'injurious and dangerous effects of the impure and heated air of this 

House, which is perfectly unbearable, imperiling the health of almost every gentleman who is kept here. I hope, therefore, that it will 

be the pleasure of the House not to continue these proceedings. I move that all further proceedings under this call be dispensed with. 

The motion was not agreed to. 

The Sergeant-at-Arms appeared at the bar of the House and said: 

Mr. Speaker, pursuant to the order of the House I have now at its 

bar the gentleman from New York, Mr. DAVY. . · The SPEAKER pro tempore. Mr. DAVY, you are reported 38 having been absent from the session of the House without its leave. 

What excuse have you to offer f 

Mr. DAVY. I was not absent when the roll was called. I wa-s present and answered to my name. Mr. SPRINGER. I would like to kuow whether the ~entleman 

regards himself as present in the House when he is seated m the gallery! 

Mr. DAVY. I was not in the gallery when the roll was called. 

Mr. SPRINGER. Then I beg the gentleman's pardon. 

Mr. BAKER, of New York. I move that my colleague be excused 

and that he be returned by the Sergeant-at-Arms to the place whence 

he came. [Laughter.] 

The SPEAKER yro tentpm·e. There is but one proper motion. The 

Chair hopes that gentlemen have about exhausted their wit. 

Mr. THORNBURGH. As the gentleman states that be was present 

and a)lswered to his name, I submit that he should not be recorded 

among the absentees. 

The SPEAKER pro tempore. The Chair will direct that his name be 

placed with those answering upon the :foil-call. 

The SERGEANT-AT-ARMs again appeared at the bar of the House, and 

sa1d: :Mr. Speaker, pursuant to the order of th~ House I have now at 

its bar the fWileman from Ohio, Mr. MoNROE. 

The SPE R pro tempore. Mr. MONROE, you are reported as having been absent from the session of the House without its leave. 

What excuse have you to offer f 

Mr. MONROE. I have only to say that I was within the bar of the 

House when the roll was called and supposed that I answered to my name. 

The SPEAKER pro tempore. Does the gentleman state that he an- swered to his name 7 

Mr. MONROE. My opinion is that I did. 

The SPEAKER p·ro tempore. The gentleman's name will be re- corded among those answering to their names. Mr. HOGE. I move that the House now adjourn. 

The motion was not agreed to; there being-ayes 56 noes 72. 

Mr. GO::>DIN. I · move that further proceedings under the call be 

dispensed with. 

Mr. COX. Before the question is taken on that motion, I beg to 

say to my friend from Maine [Mr. IIALE] that if he will consent to 

require only two days' notice after the maJority reports are ready for 

the minority reports to come in, I think the arrangement will be 

satisfactory. 

Mr. CONGER. I object to the proposition being acted on with 

closed doors. 

Mr. HALE. I should be repeating myself in saying what the minority want here is when any investigating commit.tee reports a minority report shall go in at the same time. That is .what we think 

should be done. Now, if any time or notice can be agreed upon, that 

notice and that time should apply in the committee, and not in the 

House; that is, the majority report should not be put in and given to 

the press and the countr~ and the minority come in afterward tailing along, but the majority of the committee desiring to report 

shall give in writing to the minority of the committ,ee, say three 

days' notice, and after that, if the minority does not get ready, Ul.en 

} 
• 

t 

1876. CONGRESSIONAL RECORD-HOUSE. 5269 

the majority shall have the right to report. I do not see any objec~ 

tion to that, because then the two could go to the countrytogether. 

Take the case of the whisky-ring committee that has been taking 

testimony clear up to the present time. 1 do not know but somebody 

may ba ve a report ready in that committee now and three day's notice 

would not be long enough to prepare a proper minority report. I am · aware we are getting hopefully toward the end of the session and 

therefore something must be yielded to that, but sufficient notice 

should be given to committees which have taken vast masses of testimony. A:ny committee wishing to report, I propose shall give in writing, because that fixes it, to the minority of the committee, notice 

when it will present its report in the House. 

Mr. KASSON. And submit the report to the minority. 

Mr. HALE. A:nd sub_mit the report to the minority, and then at 

the end of three days, unless the minority is ready, the majority shall 

submit its report. 

Mr. RANDALL. We may agree to adjourn and go home before 

thattime. · Mr. BEEBE. That does not apply, I suppose, to committees which 

have already reported and the reports and testimony ordered to be 

printed and recommitted. There are some cases where the minority 

have agreed with the majority in submitting report. 

Mr. HALR That does not interfere with the reports which have 

been already· made. I make the proposition to the House. 

Mr. M0:2RISON. It cannot be agreed to with that length of time. 

Mr. FRYE. One exception can be made, and that is where the ma- jority and minority of a committee agree to report; that is, both the 

majority and minority agree to report at the same time; and that 

would cover every case where there was fair dealing, so that there 

need not be any delay at all. 

Mr. RANDALL. Make it two days. 

Mr. COX. There will be no objection in cases where the majority 

and minority agree to report. But three days is too long in the closing hours of the sess~on. , Mr. HALE. The gentleman must see we have not delayed this. 

He says two days are too long. Why were not the reports brought 

in beforef 

Mr. MORRISON. Because they were not ready. 

Mr. BEEBE. It could not have been done in some cases. Mr. COX. How is it essential for the minority that the majority report should be submitted before they can make their minority 

report f Are the gentlemen willing to agree two days' notice shall 

be given by the majority to the mmority, without bringing in the 

majority report in the first instance until the minority are ready to 

submit their report f I think that would be fair. 

Mr. CONGER. That could not ·be done. 

Mr. HOAR. How can there be such a minority report f What 

the gentleman calls a majority report is a report of the committee. 

How could there be a report of a committee unless all of the com- mittee had seen it f 

Mr. COX. They generally discuss these things in committee and come to some understandin~ as to their divergence of views, even before either of the reports IB written. 

Mr. FRYE. In some reports the minority were not consulted at all. 

Mr. HOAR. It is in violation of parliamentary law. 

Mr. HALE. When there is agreement between the majority and 

minority they can report at any time ; but the gentleman will see that the minority ought to have as much time to prepare a report as the majority, and they cannot begin to prepare ilie views of the 

xpinority until they have seen the majority report. It may be that 

the minority may agree to the majority report. They should have an opportunity to see whether they can or not, and when they find they 

cannot agree to it, they ought to have time in which to submit the 

views of the minority. 

Mr. COX. If the gentleman will agree to -the proposition of two 

days' notice there will be no difficulty on this side of the House. I 

think that is generous and fair. . Mr. BURCHARD, of lllinois. I shall object to any arrangement of 

this kind being made with closed doors. I insist that when the doors are closed this House can transact no business. 

The SPEAKER pro tempore. The Honse is not transacting blli!iness now. Gentlemen are endeavorin~ to m~ke a preliminary arrangement. The gentleman from lliinoiB need not be disturbed upon that 

point. 

Mr. CONGER. I think that the gentlemen who have this talk 

should go to the cloak.:.rooms and not disturb members. 

Mr. COX. I would suggest that the gentleman from Michigan 

should go there himself. He is more out of order than anybody else. :Mr. WAlT. If any proposition of this kind is to be agreed to, I 

think we should understand whether the day on which the notice is 

given is to be included in the two or three days or whether it is ex- cluded. If that is not understood a controversy might spring up in 

regard to that point 

Mr. COX. The proposition 7 as I understand it, is that the two days 

11hall be forty-eight hours, counting from the time the notice is given. 

Mr. HALE. The two days, or tne three days, would be reckoned 

from the time the notice is given. . Mr. Speaker, I am informed by gentlemen from one of the committees to which I have alludecjl, which has boon taking a large mass of 

testimony, that there is no expectation of any report being presented 

from that committee, because the testimony is not complete and is 

still being taken. That removes a portion of the difficulty. Now I 

for one have no objection to the arrangement being made if this point 

be conceded, that the two reports shall come in at the same time. 

That is the point we have been struggling for all along, and in regard 

to which we have made agreements heretofore in cases where committees have reported. I have no objection for one tM.t upon written no- tice of a majority of the committee wishing ·to report, to the minority, and the report being submitted, the committee may report within 

two days. It is too short, I am aware; still we are near the close of 

the session, and we have no desire to obstruct any report that is legitimately made, the other side being given a chance to be heard. 

Mr. COX. I am prepared to say, and I think I speak for a large 

number here, that, so far as I understand the gentleman from Maine, 

that would be satisfactory. When the notice is given to theHouseMr. HALE. As I understand it, there is to be no notice given to 

the House. Notice i's to be given in the committee. As in the case of a matter in court, this notice is a service on the o~her side, and a copy of the report is given to the minority or read to them; and then 

they have two days to prepare their report. Then the two shall be 

presented to the House together. Or, if the minority is in default at 

the end of the two days, the majority presents its report alone. 

Mr. SPRINGER. Would it be B.'lotisfactory to the gentleman from 

Maine that, after the committee has agreed upon the majority report, 

then two days after that time that committee may make its report, 

and the minority of the committee may then submit its report at the same timeT Is that satisfactory! 

Mr. HALE. The only object of my proposition in regard to notice 

is to prevent controversy and to protect the rights of the minority.· After notice is given in writing,· of which the chairman will keep a copy, no question will then arise whether under the rule we are abont 

to make the Speaker would rule the majority of the committee en- titled to the floor. 

Mr. COX. I think there can be no accommodation of this thing 

unless the arrangement be upon the basis that when the majority re- port comes in and is offered to the House forty-eight hours from that 

time the minority report may come in also. 

Mr. HALE. That would give the majority the opportunity of com- ing in with their report, putting it on the records, and sending it to 

the country when the minority had no opportunity of reporting at the same time. 

Mr. COX. It is part of my proposition that they shall be printed 

at the same time. 

Mr. FRYE. That arrangement would give an opportunity to a com- mittee of putting in a report on the last day of the session and deprive the minority of all opportunity of presenting their views. 

Mr. COX. That is not the intention. 

Mr. HALE. My proposition is that the majority shall give the 

minority two days' notice. 

Mr. BANK$. I would like to say a word or two on this question. The SPEAKER pro tetnpm·e. The gentleman from Massachusetts 

[Mr. BANKs] is recognized. 

Mr. SAVAGE. Before the gentleman from Massachusetts [Mr. 

BANKs] proceeds, I wish to ask the gentleman from Maine whether 

it is his proposition that notice should be served upon all the mem- bers of the minority of the committee or upon only one of them f 

Mr. HAL.E. Any.difficuliy in regard to that can easily be obviated 

by the majority preparing their report and submitting it to a single 

member of the minority, and announcing in the Honse that in fortyeight hours from that time they will present their report. I think we have made a fair proposition. If gentlemen on the other side do not see fit to accept it, we must go on as we have been doing. 

Mr. YEATES. Would not a notice in the House be sufficient f 

Mr. JONES, of Kentucky. I wish to know if I understand the gentleman from Maine-'lorrectly. I understand his proposition to be this: 

That when a committee agrees to make a majority report the majority 

shall give two days' notice to the minority; and at the expiration of 

two days, whether the minority are ready to report or not, the majority 

may then present their report. If my understanding of the proposition is correct, I think we ought to agree to it. 

Mr. BANKS. At this period of the session it seems to me that the 

deinand of the fentleman from Maine for three days is too much. 

Mr. HALE. have yielded this point and ask now only two days. 

Mr. BANKS. The proposition also that notice shall be given in 

committee is not a reasonable one a.s the minority may defeat that 

proposition by not attending. If notice of forty-eight hours .is given 

in the House in the presence of some member of the minority of the 

committee and taken notice of by the Speaker, that ought to be sufficient. 

Mr. BURCHARD, of Illinois. After the report is agreed to f 

Mr. BANKS. Of course, after tp.e report is agreed to in committee. 

fhe notice shall be ~iven by the chairman or any other member of 

the committee making it in the presence of some member of the 

minority committee, of which the Speaker shall take notice, and forty- eight hours shall then be allowed. That notice ou_ght to be quite sufficient for the minority. Usually the minority report is very brief ; 

oftentimes it consists merely in dissent to the chief propositions of 

the majority, and forty-eight hours, wit~ the time for preparation al-
5270 CONGRESSIONAL RECORD-HOUSE. AUGUST 7, 

ready had by the minority and by all members of the committee, 

ought to be sufficient to present such a dissent as would satisfy the 

minority. 

Mr. WAlT. It does seem to me, sir, that the proposition of the 

gentleman from Maine that the majority shall give a copy of the re- port to the minority is a fair one, because the minority report is always a response to that of the majority. They should therefore have 

their copy of the report of the majority. If they have attended to 

the case and have understood the testimony, in forty-eight hours they 

could make a response to the report of the majority; but if the report comes into the House they do not have an ·opportunity to examine it 

in advance and to make up their own report. The two days' time 

which they have to respond is too short. I believe the proposition 

of the gentleman from Maine is a fair one, that when the notice is 

given then the report itself shall be handed over to the committee so that they may prepare their statements in answer and present them 

to the House at the same time. 

Mr. BANKS. The proposition of the gentleman who has just taken 

his seat is not a reasonable one. The minority of the committee has no right to the possession of the report of the majority; they must 

take their knowledge of it from the proceedings of the committee, and 

they cannot claim possession of it. I repeat that I think if fortyeight hours' notice is given after the proceedings of the committee 

have been concluded in the presence of a member of the minority of - the committee and of the House and taken notice of by the Speaker 

it ought to be sufficient for this side of the Honse. · Mr. CONGER. It seems to me that the report of the majority of 

the committee after having been adopted should be left with the 

clerk of the committee so that any member of the committee may 

have access to it and have an opportunity to express his views in re- gard to it. The idea that they should have no access to it so as to 

be enabled to present their views seems very inconsistent with the 

desire to · give the minority a fair chance to express their views to the 

House. The report should be left with the clerk of the committee, 

accessible to every member of the committee in whatever time may 

be allowed. 

Mr. YEATES. It seems to me that the report of a committee is 

agreed upon in the committee-room and it is the duty upon notice of 

all the members of the committee to be there, and if they see fit to be 

absent, and if they are notified in the House that a report will be 

made in forty-eight hours, that is all they should claim. Why should 

any minority have rights extended to them that do not belong to them 

by parliamentary usage T If they eee fit to be absent, then it is their 

fault, and the position of the gentleman from Massachusetts is en- tirely correct. Why, we never could get a report from any committee 

if a minority of that committee saw proper to stay away in the man- ner in which the gentleman from Connecticut suggested. No, sir; 

let the chairman of the committee notify them that there will be a meeting on such a day, and when they meet let the majority have 

their report ready, and if the minority do not see fit to come, let him 

notify them that the report will be made in forty-cight hours. 

Mr. RANDALL. It seems to me that the proposition of the gentle- man from Massachusetts [Mr. BANKs] is a fair one. Mr. YEATES. Certainly it is. . Mr. RANDALL. It is that a member who desires to make in behalf 

of a committee a report shall rise in the Honse and publicly give it 

notice that forty-eight hours thereafter the majority report, as indicated, will be made to the House; and if the minority do not avail 

themselves of the opportunity of expressing their views, it is their 

loss. 

The SPE~ pro tem.pore. The Chair would like to call the attention of the gentleman from Pennsylvania to one point in his remarks. 

Is it understood that this notice shall be privileged' 

Mr. RANDALL. Of course. . Mr. COX. I desire to submit a resolution. I do not know whether 

the proposition will need any modification, but I ]lope not; my reso- lution is as follows : . 

Resolved, That the investigating committ-ees may have leave to report durin~ the 

remainder of this session at any time after two days from the time the co:mnuttee have &ftl'OOd to their report and submitted the same to the minority, who shall have 

leave at the same time to submit their views to the House. 

Mr. YEATES. How are you going to find the mU:ority if they choose to be absent f 

Mr. COX. I cannot answer that question. 

Mr. GARFIELD. That seems to be a fair proposition; there may, 

however, ·be some cases where notice has already been ~ven and now without any expectation that report will be thrown in fmmediately; the report might be made at once. Mr. RANDALL. Some of the committee have a right to report at 

any time. 

Mr. GARFIELD. I know that; but there ought to be some notice 

given after this time. The two days should not be considered as running for any period previous to the present time. 

Mr. COX. I propose to add, at the suggestion of gentlemen here, 

the words, "and if the minorities of said committees shall be absent, 

then that notice shall be ¢ven in the House." 

Mr. HALE. That is frur. 

Mr. COX. I propose also to put in forty-eight hours instead of two 

days. 

Mr. HALE. Let there be this understanding, as the gentleman 

from Ohio [Mr. GARFIELD] suggested, that the forty-eight hdUrs in 

all cases shall not be reckoned from any time past of the present. 

Mr .. RANDALL. That would take away from the committees, who now have the right to report at any time, the right to report except 

upon forty-eight hours' notice. 

Mr. HALE. Not at all. But there might be the case of a committee that cannot now report, and that needs this solvent to enable 

them to report; that has already agreed upon its majority report. 

Now if this side of the House agrees to this proposition they might come in here now and say, "Why, we agreed to our report for the 

majority six days ago." · Many MEMBERS. "0, no I" 

Mr. HALE. Then let it be understood that this agreement is prospective, not retrospective. 

Mr. SPRINGER. And also that where the majority and the minority of a committee are now ready to report they can report at any 

timeT 

Mr. HALE. Certainly. 

Mr. YEATES. The arrangement to date from this day. 

Mr. HALE. From this day. 

Mr. BEEBE. How will that arrangement affect the cases where 

the majority and the minority reports have been printed and recom- mitted, not to be brought back on a motion to reconsider f Could 

not those committees report at any time, the minority being readyT 

Mr. YEATES. They have already reported. 

Mr. WAlT. I cannot see the embarrassment the gentleman from 

New York [Mr. BEEBE] speaks of. If the majority and the minority are both ready to report, then they can report at.any time. 

Mr. STONE. As this matter seems to be arranged, I move that all 

further proceedings under the call be dispensed with. ·Mr. GOODIN. That motion is already pending. 

The SPEAKER pro tempore. The Chair is only awaiting the time 

when there is a concurrence between the two sides of the House on this matter. Of course no business can be transacted while the doors are closed. The first question in order is upon the motion to dispense 

with all further proceedings under the call, which motion is now pending. 

Mr. SPRINGER. With the consent of the gentleman from New 

York, [Mr. Cox,] I ask leave to submit a resolution in the following form: ... 

Resolved, That the investigating committees may have leave to report during the remainder of this session at any time after forty-eight hours from tbe time the m~jority have agreed to their report and the fact has been announced totheHollSe, which announcement may be made at any time; and in all cases where the maJor- ity and minority reports are now ready the reports may be made at any time. 

Mr. HALE. That is an entirely different proposition from the one we have agreed to with the gentleman from New York, [Mr. Cox.] 

Mr. SPRINGER. In what respect is it different from that f 

Mr. HALE. I do not care to argue it; it is very evident that it is 

different. 

Mr. STONE. I call for the regular order. 

.Mr. JONES, of Kentucky. By the permission of the gentleman 

from New York [Mr. Cox] I will read what I understand to be in 

substance the proposition from the other side, and which I think is a fair one. · Mr. STONE and others called for the regular order. 

The SPEAKER pro tempore. The regular order is the motion of 

the gentleman from Kansas [Mr. GooDIN] that all further proceedings under the call of the House be dispensed with. 

The question was taken upon the motion to dispense with all further proceedings under the call; and upon a division there were- ayes 91, noes 81. 

Before the result of this vote was announced, 

Mr. SPRINGER called for tellers. 

Mr. COX. Gentlemen around me desire me to again read the prop- osition of accommodation which I read a moment ago. 

Mr. BURCHARD, of Illinois. We are dividing upon a motion to 

dispense with further proceedings· under the call. There are several 

gentlemen who object to proceeding with any business with closed 

doors. We have no objection to the agreement proposed. Mr. COX. If there is no objection, then let me by, unanimous con- sent, again state it. 

The SPEAKER pro t-empore. The Chair has already stated that no business can be transacted by the Honse while the doors are closed and certain members are prohibited from entering who have a right to be here. The Chair has entertained by unanimous consent 

propositions for the settlement of this question. Of course nothing can be acted upon finally until further proceedings under the call 

have been dispensed with. 

Mr. COX. I will read the proposition: 

Buolved, That the investigating committees may have leave to Npol't during the 

remainder of this session at any time after forty-eight hours from the time the 

committee have agreed to their report and snbmitted the same to the minority, who 

shall have leave at the same time to !Jilbmit their views to the House; but if the 

minority is absent from the meeting of the committee then notice shall be given in 

the House itself. 

Mr. HALE. That is a fair proposition, and unless that can be agreed 

to there is no use in talking any further about it. 

Mr. BEEBE. Will there be objection to adding that in aJl cases where both the majority and minority are ready both reports may be 

made at any time f 

( 

.
~ •. 

1876. CONGRESSIONAL RECORD-HOUSE. 5271 

Mr. COX. Nobody will object to that. · Mr. BURCHARD, of Illinois. I object to that with closed doors. 

Mr. BEEBE. I put the question t.o my friend from Maine. 

Mr. HALE. What is the questionf 

Mr. BEEBE. Is there objection where the majority and minority are both ready to their reporting at any timef 

Mr. HALE. Of course there is no objection to that. This agreement does not apply to such a case as that. 

Mr. RUSK. I call for the regular order of business. 

The SPEAKER pro tempore. The regular order is the motion of the 

gentleman from Kansas, [Mr. GoODIN,] that all further proceedings 

under this call be dispensed with. 

Mr. SPRINGER. I withdraw my call for tellers and for a further 

count. 

The SPEAKER pro tempore. The motion for further proceedings 

under the call of the Honse was agreed to upon a division-ayes 91, noes 81. The Doorkeeper will now open the doors. 

Mr. COX. I move to suspend the rules and adopt the resolution 

which I send to the Clerk. 

Mr. HALE. When we resume the regular business of the House, 

the first thing pending is the appeal. Now, if this resolution is to be 

submitted and adopted, it is understood of course that the resolution 

of the gentleman from Virginia [Mr. DOUGLAS] and lhe appeal are withdrawn. 1 Mr. SPRINGER. There is no object10n to that. 

The SPEAKER pro tempore.. The Chair understands that the motion 

to suspend the rules will suspend all previous proceedings. The 

motion pending before the House . is on laying upon the table the 

appeal taken from the decision of the Chair by the gentleman from 

Maine. 

Mr. HALE. But if the gentleman from Virginia withdraws the 

resolution which he sou~ht ~ have ~eferred, then the appeal is ~thdrawn; and this resolution JS substituted for all those proceedings. 

That is fair. 

Mr. SPRINGER. That is right. 

Mr. COX. Before submitting my resolution I yield to the gentle- man from Virg-inia [Mr. DouGLAS] to withdraw the resolution which 

he offered to amend the rules. 

Mr. DOUGLAS. I ask unanimous consent to withdraw that reso- lution. 

Mr. HALE. It had better be understood that I withdraw the appeal and the gentleman from Virginia withdraws his resolution, and 

the resolution of the gentleman from New York [Mr. Cox] is substituted for all those proceedings. 

Mr. COX. ·I move to suspend the rules and adopt the following 

resolution: 

Ruolved, That the investigating committees may have leave to report during .the 

remainder of this session at any time after forty-e~gbt hours' notice from t~e ~e 

the committee have agreed to the report and subDlltted the same to the mmonty, who shall have leave at the same time to submit their views to the Hou.se; and if 

the minority is absent from the meeting, said notice of the same shaJl be given in 

the Honse. 

Mr. CONGER. Before this resolution is acted on, I would like to 

know in what condition the regular business now stands. 

The SPEAKER pro tempore. The morning hour has expired, and 

the gentleman from New York [Mr. Cox] moves to suspend· the rules 

and adopt the resolution which he has t·ead. 

Mr. CONGER. But, :Mr. Speaker, we were dividing upon ordering 

the yeas and nays; and that is the regular order. - Mr. SPRINGER. AU those proceedings have boon withdrawn by 

unanimous consent. 

Mr. CONGER. I do not so understand. 

Mr. CASWELL. I beg to remind the Chair that I called his attention to the fact that the morning hour had expired, and moved to 

suspend the rules and pass a bill. 

The SPEAKER pro tempore. The gentleman will recollect that 

the House was dividing. 

Mr. CASWELL. The Chair ruled me out. 

The SPEAKER pro tem-pore. The Chair thinks he was right in so 

doing.CA Mr. WELL I hi . il 't" f S . s not t s a sun ar propoBI Ion . The SPEAKER pro tempore. The circumstances are different. 

Mr. RUSK. Let the proposition of the gentleman from New York 

be read by the Clerk. 

Mr. BURCHARD, of Illinois. Before that is done, I wish to ask 

whether the proposition of the gentleman from Virginia [Mr. DouGLAS] is understood to be withdl'awn f 

The SPEAKER pro ten&pore. The gentleman from Virginia has 

withdrawn it. 

The resolution of Mr. Cox was again read. 

Mr. GARFIELD. The gentleman should add that this is to operate 

fprospectively. 

Mr. COX. That is understood. 

Mr. WILSON, of Iowa. We wa.ntto understanddiBtinctlywhether 

the appeal is withdrawn by the gentlemanfromMaine, and the notice 

to amend the rules withdrawn by the gentleman from New Yoi;.k:, 

[Mr. Cox.] 

The SPEAKER pro tempore. That has been already stated. 

Mr. HALE. The appeal and the resolution have been withdrawn; ~J.nd thU$ takes the place of the who~e proceeding. 

The motion of Mr. Cox to suspend the rules and adopt the resolution was agreed to, two-thirds voting in favor thereof. 

ENROLLED BILL ·siGNED. 

Mr. HAMILTON, of Indiana, from the Committee on Enrolled Bills, 

reported that the committee had examined and found truly enrolled a bill of the following title; when the Speaker pro tempore signed 

the same: 

An act (H. R. No. 3625) providing for the sale of the Osage ceded 

lands in Kansas to actual settlers. 

WORKS AT SOUTHWEST PASS, Ml88l8SIPPI RIVER. 

The SPEAKER pro tempore, by unanimous consent, laid before the 

Honse a letter from the Secretary of War, transmitting a communication from the Chief of Engineers relative to the clause in the river 

and harbor bill affecting works at Southwest Pass, Mississippi River; 

which was referred to the Committee on C~>Inmerce. 

RESUMPI'ION Oll' SPECIE PAYMENTS. 

Mr. HAMILTON, of Indiana. I ask unanimous consent to record 

my vote on the passage of the bill to repeal the resumption-day clause 

of the act of January 14,1875. 

Mr. HOAR. I object. 

Mr. HAMILTON, of Indiana. I desire to state that,ifpermitted,l 

should vote " no." 

Mr. RANDALL. I move that the Honse adjourn. 

LEAVE Oll' ABSENCE. 

The SPEAKER pro tempore, by unanimous consent, laid before the 

Honse various requesU! of members for leave of absence. . Mr. McMAHON. I object; I do not propose to stay here all the 

tima myself and let others go away. 

Mr. RANDALL. We are elected to stay here and attend to the public business. 

Mr. WILSON, of Iowa. Exception should be made in oases where 

members ask for leave of absence on account of sickness in their families. 

Mr. GARFIELD. Let us have a vote on it; I move they be ex- cused. . The SPEAKER pro t~pore. The Chair asked unanimous consent 

to lay these requests for leave of absence before the Honse. That 

unanimous consent has been granted; and the question now is, Shall 

the requests be granted or refused f 

Mr. RANDALL. But I made the motion to adjourn. 

The SPEAKER pro tempore. But unanimous consent was gra.nted 

to lay these requests for leave of absence before the Honse. 

Mr. RANDALL. That permission has been granted irom time to 

time, but it has always been by unanimous consent. Objection being 

made and the regular order being demanded, of course the question 

must be pntou the motion to adjourn. The motion of itself precludes 

and prevents the asking of leave of absence. · · Mr. GARFIELD. The gentleman is mistaken. 

Mr. RANDALL. No, I am not mistaken. 

Mr. SPRINGE.R. Nothing can prevent this House from adjourning 

when it wants to. 

Mr. GARFIELD. I move to suspend the rules. 

Mr. McMAHON. I demand the regular order of business. 

Mr. RANDALL. I now move the House adjourn. 

The SPEAKER pro tempore. Although the Honse has given unan- imous consent to the presentation of req-uests for leave of absence, 

nevertheless the gentleman from Pennsylvania now moving to adjourn, the question must be put on that motion, as the motion to adjourn takes -precedence of all other questions. It is for the House to 

decide whether it will adjourn now or vote on the requests for leave 

of absence. 

Mr. GARFIELD. The granting of these requests for leave of absence will not leave yon without a quorum. 

Mr. RANDALL. Yes, it will. 

Mr. MORRISON. And that is just what the gentleman from Ohio 

wants. " 

The House divided; and there were-ayes 89, noes 68. 

Mr. COCHRA..."rn demanded the yeas and nays. · The yeas and nays were not ordered. 

Mr. SAVAGE. I demand tellers. 

Tellers were not ordered. 

So the motion was a~ to; and accordingly (at five o'clock and 

thirty minutes p.m.) the Honse adjourned. 

PETITIONS, BTC. 

The following memorials, petitions, and other papers were presented at the Clerk's -desk under the rule, and referred as stated: 

By Mr. COOK: The peti,ion of Htmry Love, executor of the es- tate of James Love, deceased, that he be paid the amount heretofore 

aujudged to be dne the father of the deceased by the Interior Department for services rendered as a surgeon's mate in the First Georgia Continental Battalion in the revolutionary war against Great Britain, to the Committee on Revolutionary Pensions. 

By Mr. HOUSE: The petition of William Webster, that Congress 

take such step~ as will secure his restoratio~ to ~ lan<ls and other 
5272 CONGRESSIONAL RECORD-SENATE. AUGUST S, 

property obtained in New Zealand prior to the establishment there 

of British authority, to the Committee on Foreign Affairs. 

By Mr. MAcDOUGALL: The petition of 200 citizens of Weedsport, 

Cayuga County, New York, for the re-establishment oftbe fast-mail 

service on the New York Central and Hudson River Railroad, to the 

Committee on the Post-Office and Post-Roads. 

By Mr. THORNBURGH: The petition o'f Thomas N. McCoffey, of 

Knoxville, Tennessee, for a pension, to the Committee on Invalid 

Pensions. 

By Mr. WHITTHORNE: Memorial of John Harlow, of Tennessee, 

to have his name restored to the Army roll of the Tenth Tennessee 

Infantry Regiment, to the Committee on Military Affairs. 

IN SENATE. 

TuESDAY, August 8, 1876. 

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

On motion of Mr. McCREERY, and by unanimous consent, the reading of the Jonrnal of yesterday's proceedings was dispensed with. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempo1·e laid before the Senate a communication from the Secretary of War, transmitting a letter from the Cbi~f 

of Engineers in reference to a clause in the river and harbor bill as passed by the Senate which affects the works at the Southwest Pass 

of the Mississippi River. 

Mr. WEST. I move that the communication lie on the table and 

be printed. The matter has been acted upon. 

Mr. DAVIS. Had it not better be referred to the Committee on Appropriations f They have the matter now in charge, I understand. 

Mr. WEST. The bill bas been reported and is before the Senate. 

I have no objection to the reference; but I cannot conceive that there 

should be any action upon it in committee, as the bill bas been re- ported here. The Senate is competent to act upon it. 

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

the Senator from Louisiana, that the communication lie on the table 

and be printed. 

The motion was agreed to. 

REPORTS OF COMMITI'EES. 

Mr. SPENCER. I move that the Senate proceed to the consideration of Honse joint resolution No. 100. 

The PRESIDENT pro tempore. Morning business has precedence. 

Mr. THURMAN, from the Committee on Private Land Claims, to 

whom was referred the bill (S. No. 791) for the relief of Ethan Ray 

Clarke and Samuel Ward Clarke, submitted an adverse report thereon; 

which was ordered to be printed, and the bill was postponed indefinitely. 

Mr. MERRIMON, from the Committee on the District of Columbia, 

to whom waa referred the bill (S. No. 1020) to punish embezzlement 

in the District of Columbia, reported it with an amendment. 

Mr. LOGAN, from the Committee on Military Affairs, to whom waa referred the bill (S. No. 998) for the pardon of deserters from the 

United States Army, submitted an adverse report thereon; which was ordered to be printed, and the bill was postponed indefinitely. 

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

(H. R. No. 2524) for the relief of certain soldiers of the Eighth Cavalry, Missouri State llilitia1 submitted an adverse report thereon; 

which was ordered to be pnnted, and the bill was postponed indefinitely. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. INGALLS it was 

(}r€Wred, That Mrs. Mary B. Hook have leave to withdraw her petition and papers from the files Qt the Senate. 

TERRITORY OF PEMBINA. 

Mr. HITCHCOCK. I move that the Senate proceed to the consideration of the bill for the establishment of the 'rerritory of Pembina, 

subject to morning business. 

Mr. SPENCER. I hope the Senator will not insist upon that, because, as be knows, that bill will cause a good deal of debate. 

Mr. McCREERY. Mr. PresidentThe PRESIDENT pro tempore. Does the Senator from Kentucky 

rise to present morning business f 

Mr. McCREERY. r rose to ask for the present consideration of 

House bill No. 567, which is in the order of business. I have tried 

several days to ~et the floor to call it up. I am snre it will occupy but a small portion of time. 

Mr. HITCHCOCK. There a.re some reasons why I think I ought to 

have the indulgence of the Senate for the consideration of this bill for 

the establishment of Pembina Territory. It has been reported three 

successive sessions favorably by the Committee on Territories. It was reported unanimously at .this session, fonr months ago, and has stood near the head of the Calendar for nearly that period of time. When 

reached on the Calendar the other day its consideration was objected to on the ground that it was too import!ant a. bill to be considered on that 

call. If it is so important, and I believe it is an important bill, it is too 

impommt for me to allow it to sleep without an effort for its consideration. I do ,not believe it will create any extended discussion. I 

believe in three minutes it can be shown to the satisfaction of the Senate that the bill should pass, a.nd I should be very gL'td if the Lill 

could be taken up and considered. The bill was introduced by tlw 

Senator from Minnesota, [Mr. WINDOM,] and a similar bill was before the Senate and discussed at considerable length during the laat Con~ress. If it is in order, I move that the Senate proceed to the 

conSideration of the bill. 

Mr. McCREERY. I ask the Senator from Nebraska to give me five 

minutes to take up my bill after the bill organizing Pembina is taken 

up. 

Mr. HITCHCOCK. I will yield five minutes for that purpose. 

Mr. SPENCER. I also ask the Senator from Nebraska when be gets 

his bill up to yield to me for the consideration of the House joint 

resolution No. 100. 

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

the Senator from Nebraska to take up the bill (S. No. 606) to establish the Territory of Pembina and to provide a t-emporary government therefor. 

Mr. BOUTWELL. Let the bill be read. The Chief Clerk read the bill: 

Mr. BOUTWELL. I should like to ask the Senator from Nebraska 

whether this bill is likely to give rise to debate. I gave notice the 

other day that I desired the Senate to consider this morning the bill 

tO perfect the revision of the lawR. That is a bill of great public 

concern, and I shall not feel that I have performed my duty if I do 

not press the consideration of it upon the attention of the Senate. 

Mr. HITCHCOCK. I do not think this bill will lead to any ex- tended discussion. If it shall, I will say to the honorable Senator 

that I gave notice several days ago that I should call the bill up at 

the earliest practicable moment, and I said that I believed it was as important a bill as was likely to be considered at the present session. 

Mr. BOUTWELL. We shall differ about that. 

Mr. HITCHCOCK. I believe it affects the rights of citizens of the 

United States who have a right to be beard, and it bas been now on the Calendar for about fonr months or a much longer time. 

Mr. BOUTWELL. I will not object. 

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

the Senator from Nebraska. 

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

Whole, proceeded to consider the bill (S. No. 606) to establish the 

Territory of Pembina, and to provide a temporary government therefor. 

Mr. McCREERY. Mr. President--

The PRESIDENT pro tempore. Does the Senator from Nebraska 

yield to the Senator from Kentucky f 

· Mr. BOUTWELL. It seems to me we had better go on with the 

bill. ' 

Mr. EDMUNDS. That is the doctrine; one thing at a time. 

Mr. BOUTWELL. I object to any yielding. 

Mr. HITCHCOCK. Very well. -

The PRESIDENT pro tent,pore. The bill has been read. 

Mr. EDMUNDS. Let it be read iu committee, so that we may see what we have. 

The Secretary proceeded to read the bill. 

Mr. HITCHCOCK. The bill bas just been read. 

Mr. EDMUNDS. I did not hear it. · The Secretary resumed and concluded the reading of the bill. 

Mr. EDMUNDS. Is there any written report with this bill f 

Mr. HITCHCOCK. There is a report which was made at the laat 

Congress. 

Mr. EDMUNDS. I should like to hear it read. I suppose it staies 

the general ground upon which this action proceeds. 

Mr. HITCHCOCK. Yes, it states the general ground. 

The Secretary read the following report, submitted by Mr. Boreman, from the Committee on Territories, March 23, 1874: 

The Committee on Territories, to whom was referred the bill (S. No. 44) to estab· 

liah the Territory of Pembina and to provide a temporary govornment therefor, 

have had the same under consideration, and respectfully submit the following re- port: 

The same bill was before this committee at the second session of the Forty-sec- ond Congress, and on February 8, 1872, a favorable report was made thereon, as fol· 

lows: 

"It is proposed by this bill to establish and provide a temporary government for a new Territor[ out of that part of the Territory of Dakotalyingnorth of the forty· sixth degree o north latitude. . "The present Territory of Dakota contains 150,932 square miles, being in extent about four hundred miles from north to south, and something less than that in 

width from east to west. It appears from the report of the late census that in 1870 

it contained a population of 14,181, exclusive of Indians; but it is now believed, 

from the best evidence your committee have been able to obtain, that at this time 

its population numbers more than 25.000. 

"The more populous and growing settlements are in the exi;:reme northern and ex- treme southern portions of the Territory, respectively, the intervening region, ex- cept immediately on the eastern border, being in great part uninhabited and with· out roads or other avenues of communication. There bemg no direct route of travel 

between these distant settlements, those residin~ in the re~ion of Pembina) or in· 

deed in any part of the more northern sections ot the Terri wry, in going to Yank· 

ton, the capital,~,. as many of them must necessarily do in the transaction of busi· ness with the omcers and courts of the Territory, are compelled to travel a distance 

of from one thousand to fifteen hundred miles, and this by the nearest practicable 

route; and the same is the case with the judges and other officers in going from the 

capital to attend to their respective duties in the northern portions of the Tenitory.